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 Tank Vessel Leading Operations (40 CFR Part 63, Subpart Y) (Renewal), 

EPA ICR 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 Loading 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

reasonably available control technology (RACT) standards to such facilities 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 collected 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 records of the occurrence and duration of any startup, shutdown, or malfunction in the 

operation of an affected facility, or any period during which the monitoring system is inoperative. 

These notifications, reports, and records are essential in determining compliance, 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 measurements, 

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. 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 (EPA) regional office.

Approximately 804 sources are currently 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 estimated that there will be no new growth in the industry over 

the next three years. 
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There are approximately 804 marine tank vessel loading plants in the United States, which 

are owned and operated by the Marine Tank Vessel Loading industry. All these 804 facilities in 

the United States are owned and operated by 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 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 

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 and volatile organic compounds (VOC) emissions 

from marine tank vessel loading operations cause or contribute to air pollution that may reasonably 

be anticipated to endanger public health or welfare. Therefore, 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 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.
3

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.

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 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 (72 FR 10736) on March 9, 2007. 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. Approximately 804 

respondents will be subject to the standard over the three-year period covered by this ICR.

Industry trade associations and other interested 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 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.

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 either 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 to the recordkeeping and reporting requirements are marine tank vessel 

loading operations at marine terminals. The United States Standard Industrial Classification (SIC) 
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code for the respondents affected by the standards is 4491, which corresponds to the North 

American Industry Classification System (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 CFR 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 system (CMS) 

performance evaluation is scheduled to begin.

63.8(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 information 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), 63.11
6

Reports

Annual summary reports of excess emissions and continuous 

monitoring system 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 systems. 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 

performance reports. 63.567(e)(4)

Records of engineering reports describing vent system or vapor 

collection system. 63.567(f)

Records of all periods when flow bypassing the control device is 

indicated.

63.563(a)(1), 63.564(b), 

63.567(g)(1)

Records of changes 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 years 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 systems 

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)
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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 all 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 and 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 

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.

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 

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

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

maintaining, disclosing, and providing information.

Adjust the existing ways to comply with any previously applicable instructions and 

requirements.

Train personnel to respond to a collection of information.
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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 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) AgencyActivities

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 125,000 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 either the owner or operator for

five years.
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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 regulation. 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. 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 

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 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 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 ICR uses the following labor rates:

Managerial $95.32 ($45.39 + 110%)

Technical $64.60 ($30.76 + 110%)

Clerical $40.09 ($19.09 + 110%)
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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.” These 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 collection activities 

required by 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 information 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 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 

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 

$27,657.

This cost is based on the average hourly 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 available 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 Total Burden and Costs

Based on our research for this ICR, on average over the next three years, 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 the 
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three years covered by this ICR.

Number of Respondents

Year

(A)

Number of 

New

Respondents 1

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(D)

Number of Existing 

Respondents That 

Are Also New

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1 0 38 766 0 804

2 0 38 766 0 804

3 0 38 766 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-year period of this ICR is 804.

The total number of annual responses per year 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 

monitoring 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 1 766 766

Total 842
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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 CFR 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, respectively, 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 ICR compared to the previous ICR. 

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 years. Secondly, 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 ICR, 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 systems for the purposes of collecting, validating, and verifying 
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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 nor 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 comment on the Agency's need for this information, the accuracy of the provided 

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

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

ID Number EPA-HQ-OECA-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 

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, DC. The EPA Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is (202) 566-1744, and the telephone number for the 

Enforcement and Compliance Docket and Information Center Docket is (202) 566-1927. Also, 

you 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 Docket 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: Annual Respondent 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)

Respondents 

per year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

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 d280 1 280 0 0 0 0 $0

 ii. Repeat performance test d, e, f 280 1 280 0 0 0 0 $0

 iii. Annual leak check g16 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 m2 1 2 0 0 0 0 $0

 Alternative test method/monitoring application n1 1 1 0 0 0 0 $0

 Preparation of site-specific test plan See 3B

 Notification of initial compliance 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 $89,224
15

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)

Respondents 

per year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

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 l8 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

Assumptions:

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 

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, December 2003, ATable 10. Private industry, by 

occupational and industry group.@ The rates are from column 1, ATotal 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 respondent 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 complete 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 throughput and then divided it in half. We have

assumed that half of the facilities load at negative 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 Part 63, Subpart Y)

(Renewal)

Activity

(A)

EPA 

personhours per 

occurrence

(B)

No. of 

occurrences 

per plant 

per year

(C)

EPA 

personhours per 

plant per 

year

(C=AxB)

(D)

Plants 

per year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person-hours 

per year

(Ex0.05)

(G)

Clerical 

personhours 

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 c2 1 2 0 0 0 0 $0

 Notification of actual startup c2 1 2 0 0 0 0 $0

 Initial notification of applicability report c2 1 2 0 0 0 0 $0

 Notification of initial compliance test date c2 1 2 0 0 0 0 $0

 Waiver application c, e 2 1 2 0 0 0 0 $0

 Notification of initial compliance status c4 1 4 0 0 0 0 $0

 Review of alternate test method/monitoring

 application c, f

1 1 1 0 0 0 0 $0

 Review of excess emissions and

 monitoring exceedances report and/or

 summary report g

8 1 8 38 304 15.2 30.4 $13,828.35

 Report of HAP control efficiency h8 3 8 38 304 15.2 30.4 $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

Assumptions:

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 estimated that there will be no new growth 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 overhead 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). These rates are from 
18

the Office of Personnel Management (OPM) A2004 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 assumed 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; therefore, each facility will submit 

one 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.