SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NESHAP for Site Remediation (40 CFR P art 63, S ubpart GGGGG) 1. Identification of the Information Collection 1(a) Title of the Information Collection NESHAP for Site Remediation (40 CFR P art 63, S ub part GGGGG) 1(b) Short Characterization/Abstract The final rule for the National Emission Standards for Hazardous Air Pollutants (NESHAP) Site Remediation was published in 40 CFR part 6 3 , subpart GGGGG, and promulgated on October 8, 2003. These standards apply to site remediation activities that use certain ty pes of equipment to clean up materials containing organics that potentially could be released to the atmosphere as a hazardous air pollutant (HAP). These site remediation activities can potentially be conducted at any facility where materials containing organic HAP currently are or have been stored, processed, treated, or otherwise managed at the facility . The ty pes of businesses most likely

to be subject to the rule include, but are not limited to, organic liquid storage terminals, petroleum refineries, chemical manufacturing facilities, and manufacturing facilities using organic materials. A site remediation involves a clean up of hazardous substances in order to protect human health and the env ironment. These hazardous substances could potentially contaminate soil, groundwater, and the air. Owners and operators of the facilities subject to part 63, subpart GGGGG are required to perform this information collection

. Affected owners and operator s subject to the rule are required to install and operate air emission controls and meet certain work practice standards. To demonstrate initial and continuous compliance with the rule requirements, affected owners and operators need to collect informatio n to meet specific monitoring, inspection, recordkeeping, and reporting requirements. The information collection requirements for the site remediation NESHAP are summarized in Section 4(b).
Ingeneral, 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 sources subject to NESHAP

. Any owner or operator subject to the provisions of this p art 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. 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. Based on our previous consultations with the industry, we estimate that there are approximately 286 facilities s ubject to this regulation and each facility has only one respondent (owner/operator). The Agency estimates that there has not been any growth in the industry

since2

the previous In formation Collection Request ( IC R)

. The respondents submit the reports to the permitting authority

on a semiannual basis as required by the regulation (the compliance report) and when a startup, shutdown, and malfunction (SSM) report is required in case the facility does not follow its approved SSM Plan (assumed twice a year) for a total of four semiannual reports per year. During a previous renewal, information provided by the Office of Air Quality Planning and Standards (OAQPS) was used to project industry growth. B ased on an assessment of information from the EPA Resource C o nservation and Recovery A ct (RCRA) reporting system , OAQPS did not project any growth for the affected industry

. The active (previous) I CR had the following Terms of Clearance (TOC): “Under the terms of the Government Paperwork Elimination Act, EPA shoul d review this collection before resubmitting it for approval and ensure that, to the extent practicable, the collection has been revised to include electronic means of reporting. ” EPA has addressed each item of concern in the TOC by reviewing and revis ing the collection, to the extent practicable, to include electronic means of reporting. See S ection 4(b)(i). During the current renewal of this I CR, EPA consulted with industry on the accuracy

of the burden estimates. Details of the consultation may be found in Section 3(c). The burden to the “Affected Public” may be found in Table 1: Annual Respondent Burden and Cost , NESHAP for Site Remediation (40 CFR Part 63, Subpart GGGGG)

. The “Affected Public” burden includes respondent burden for the private sector and state, local and tribal governments. The burden to the “Federal Government” is attributed entirely to work performed by

federal employees or government contractors; this burden includes report review and respondent burden for the federal gover nment and may

be found in Table 2: Average Annual EPA Burden , NESHAP for Site Remediation (40 CFR Part 63, Subpart GGGGG)

. The I CR associated with this original rule specifies that the primary affected public category is the private sector ; the I CR also anticipates respondents from within the F ederal government and state, local, or tribal governments. The most recent previous I CR renewal (2062.03) estimates 10 percent of respondents are from the F ederal government, and 5 percent of respondents are from state, local, or tribal governments. This I CR uses the same methodology to estimate 243 respondents from the private sector, 14 from the state, local or tribal governments, and 29 from the F ederal government. 2. Need for and Use of the Collection 2(a) Need/Authority for the Collection The EPA is charged under s ection 112 of the Clean Air Act (CAA) , as amended, to establish standards of performance for each category or subcategory

of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any

owner/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, at3 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 Admini strator may reasonably

require.
Inthe Administrator's judgment, site remediation activities involve the clean up of materials that could potential ly

emit volatile organic hazardous air pollutant s (VO HAP )

. VO HAP emissions cause or contribute to air pollution that may reasonably

be anticipated to endanger public health or welfare. Therefore, the NESHAP standards were promulgated for this source category at 40 CFR part 63, subpart GGGGG

. 2(b) Practical Utility/Users of the Data The recordkeeping and reporting requirements in the standard s ensure compliance with the applicable regulations which where promulgated in acco rdance 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 emissi on standard s
. Continuous emission monitors are used to ensure compliance with the standard s at all times. During the performance test , a record of the operating parameters under which compliance was achieved may be recorded and used to determine complian ce in place of a continuous emission mo nitor. The notifications required in the standard s are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and that the standard s are being met. The performance test may also be observed. The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations. To minimize the burden, much of the information the EPA needs to determine compliance is recorded and retained on

- site at the facility . Such in formation will be reviewed by the enforcement personnel during an inspection and will not need to be reported routinely to the EPA. The Agency

requires respondents to report a minimal amount of information to demonstrate compliance. However , when a deviation occurs , additional information must be reported that describes the cause of the deviation, steps taken to correct the problem , and time re quired to return to compliance. 3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping an d reporting are required under 40 CFR part 63, subpart GGGGG

. 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 s ent directly to the delegated state4

or local agency . I f a state or local agency has adopted its 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 I CR was published in the Federal Register ( 74 FR 38004 ) on July 30, 2009

. No comments were received on the burden published in the Federal Register

. 3(c) Consultations
Itis our policy

to review any

comments received since the last I CR renew al including those submitted in response to the firs t Federal Register notice and respond appropriately . It should be noted that participants outside the EPA that were involved in the development of the site remediation NESHAP include other Federal agencies, state air regulatory agencies, trade association s, and private businesses. The primary

source of information was the industry and EPA data including an assessment by

the Office of Air and Radiation. Information provided by the industry

i s retained in the EPA Air Facility

S ys tem (AFS ) database which is operated and maintained by the EPA Office of Compliance. AFS is the EPA database for the collection, maintenance, and retrieval of all compliance data. Approximately 286 respondents are currently subject to the regulation. The Agency estimates that there will not be any industry growth in the next three years. Itshould be noted that the in dustry trade associations and other interested parties were provided an opportunity

to comment on the burden associated with the standard when it was proposed , and the standard was previously reviewed to determine the minimum information needed for compliance purposes. No major problems regarding the rule monitoring, recordkeeping, or reporting were identified during the public comment period. For this renewal, EPA contacted representatives of industry trade organizations to request a voluntary

opinion as to the accuracy of the burden estimates associated with this ICR and whether there is any

way to reduce the burden. The American Chemistry Council, Lo rraine Gershman, telephone: 703

- 741

- 5219, did not identify any issues associated with this I CR and h ad no comments on the estimates. EPA also contacted the American Petroleum Institute (API) , Khary Cauthen, telephone: 202

- 682

- 8209 ; no comments were received. 3(d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the 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. I f the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility

of det ecting violations would be less likely

. 3(e) General Guidelines
These reporting or recordkeeping requirements do not violate any of the regulations5

promulg ated by OMB under 5 CFR part 1320, section 1320.5. These standards require the respondents to m aintain 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

- ye ar records retention requirement is consistent with the Part 70 per

mit 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

pattern of non

- compliance and to determine the appropriate l evel of enforcement action. EPA has found that the most flagrant violators have violations extending beyond five ye ars. 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 th e Agency policies set forth in title 40, chapter 1, part 2, subpart B

- Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by

43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). 3(g) Sensitive Questions The reporting or recordkeeping requirements in the standard do not include sensiti ve questions. 4. The Respondents and the Information Requested 4(a) Respondents/SIC Codes Unlike a specific industry sector or ty

pe of business, the respondents potentially affected by this I CR cannot be easily or definitively

identified. Potentially, the site rem e diation NESHAP may be applicable to any

ty pe of business or facility

at which a site remediation is conducted to clean up media contaminated with organic HAP, and the remediation activities performed and the magnitude of the cleanup meets th e applicability criteria specified in the rule. A site remediation that is subject to this rule potentially may be conducted at any

ty pe of privately owned or government

- owned facility at which contamination has occurred due to past events or current acti vities at the facility

. Site remediations performed at sites where the facility has permanently

closed, the owner has gone out of business, or the facility has been abandoned and there is no owner (in this latter case, a government agency takes responsibi lity

for the cleanup) are not subject to this NESHAP in most cases. The regulated sources under this NESHAP (i.e., the site remediation activities) are not the predominant activity, process, operation, or service conducted at the facility . A comprehensiv e list of North American Industry Classification System (NAI CS) codes cannot be compiled for the respondents who will potentially be regulated by

this action due to the nature of activities regulated by

the source category . The NAI CS code indicates a prim ary product produced or service provided at the facility rather than the presence of a site remediation performed to support the predominant function of the facility . Some representative NAI CS codes for facilities where site remediations have been , or are currently being , conducted at some (but not all) facilities under a given code include : 325211, 325192, 325188, 32411, 49311, 49319, 48611, 42269, and 42271. However, these codes are not necessarily comprehensive as to the ty pes of facilities at which si te remediations subject to the rule may be required in the future.6

4(b) Information Requested Each respondent to this information collection is required to submit to the EPA a one

time notification of applicability of the respondent's facility to the f inal NESHAP. The respondents will be required to perform an annual performance test for each control device used to comply with the emission limitation standards and submit to the EPA/permitting authority a report following the test. Between performance tests, the respondents will be required to monitor selected operating parameters indicative of the control device performance and to maintain records of the monitoring results. Semiannually, the respondent will be required to prepare and submit to the EPA a compliance report describing any periods of control device operation during which the monitored values of the control device operating parameters deviated from the boundaries established during the most recent performance test. For the affected sources subject to work practice standards, the respondents will be required to collect and maintain records of the air pollution equipment inspections and repairs, as specified in the rule. In addition, the respondents will need to maintain records of initial a nd subsequent determinations for any affected sources qualifying for an exemption from control requirements under the rule. Records and reports must be retained for a total of five years. Records must be kept on

site for two of the five years, and for three of the years, records may be placed at an off

- site location. The files can be maintained on microfilm, on computer or floppy disks, on magnetic tape disks, or on microfiche.

(i) Data Items In this I CR , all the data that is recorded or reported is required by the NESHAP for Site Remediation ( 40 CFR part 6 3 , subpart GGGGG). A source must make the following reports:

Reports for 40 CFR part 63, subpart GGGGG Requirement 40 CFR part 63 subpart GGGGG Citation 40 CFR part 63

s ubpart A Citation Notific ations and Reports In itial notification 63.7950(a), (c) 63.9(b) Notification of performance tests 63.7950(a), (d) 63.7, 63.9(e) Notification of compliance status 63.7950(a), (e) 63.9(h) Performance test results 63.7950(a), (e) 63.10(d)(2) Notificati on of alternative standard selection (if applicable) 63.7950(f) Semiannual compliance reports 63.7951(a), (b) 63.10(e) Startup, shutdown, malfunction reports 63.7951(a), (b), (c) 63.10(d)(5) Part 70 monitoring report 63.7951(d) A source must maintain the following records:7 Recordkeeping for 40 CFR part 63, subpart GGGGG Requirement 40 CFR part 63 subpart GGGGG Citation 40 CFR part 63

s ubpart A Citation Retention

Time Copies of each notification and report submitted to comply

with subpart as li sted above 63.7952(a)(1) 5 years Records related to startups, shutdowns, and malfunctions 63.7952(a)( 2 ) 63.10(b)(2) 5 years Records of performance tests 63.7952(a)(3) 63.10(b)(2) 5 years Records of initial and subsequent determinations for affected so urces exempted from control requirements 63.7952(a)(4) 63.10(b)(2) 5 years Records of control device operating parameter continuous monitoring system (CMS) deviations, calibrations, and maintenance 63.7952(b) 63.10(b)(2) 5 years
Records to show continuou s compliance with each emissions limitation, work practice standard, and operation and maintenance requirement 63.7952(c) , (d) 63.10(b)(2) 5 years

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. Respondents will submit hard copy reports. To minimize the burden, much of the in formation the EPA needs to determine compliance will be recorded and retained on

- site at the facility

.

(ii) Respondent Activities

Respondent Activities In stall, calibrate, maintain, operate continuous monitoring system for VOHAP Perform initial perf

ormance test Write the notification and reports listed above Enter information required to be recorded above Submit the required reports developing, acquiring, installing, and using technology and systems for the purpose of collecting, validating, and v erifying 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 Train personnel to respond to a collection information Transmit, or otherwise disclose the information 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 remediation site.8

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 5. The Information Collecte d: 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 Review initial notification Review performance test notification Conduct initial compliance determination Review performance test reports Review semiannual summary report s and any

SSM reports Audit facility

records Input, analy

ze, and maintain data in the Air facility Subsystem (AFS) data base 5(b) Collection Methodology and Management Following notification of startup, the reviewing authority could inspect the source to determine whether the pollution control devices are p roperly installed and operated. Performance test reports are used by the Agency

to discern a source ’ s initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement p rograms. The semiannual reports are used for problem identification, as a check on s ource operation and maintenance and for compliance determinations.
In formation contained in the reports is entered into the AFS which is operated and maintained by the EP A Office of Compliance. AFS is EPA ’ s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government

- owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement b y local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analy ze the data. The records required by

this regulation must be retained by the owner/operator for five ye ars. 5(c) Small Entity Flexibility The rule place s no requirement on any facility to initiate site remediation activities. The EPA anticipates that parties that undertake site remediation generally do so voluntarily

and that the impact of this rule on those parties will not be significant. Further, because state s and other parties decide whether to undertake site remediation activities, predicting how many, or what ty pes of small entities will undertake such activities, is extremely difficult, if not i mpossible. Nonetheless, the rule is structured to avoid impacts on small businesses. The rule specifically

exclude s from its scope remediations conducted at gasoline stations, farm sites , and residential sites. Moreover, the rule appl ies only to remediation sites located at a9

facility that is a major source under the CAA and at which is collocated one or more non

remediation activities listed as a Maximum Achievable Control Technology ( MACT ) major source category, pursuant to CAA section 112( c)

. Such sources tend to be large businesses. The rule also contains applicability emission thresholds that are likely to exclude many

site remediations conducted at small businesses. For example, the rule exempt s sources where the total annual quantity

of HAP co ntained in all extracted remediation material at the facility is less than 1 megagram per year. For these reasons, the rule does not impose a significant burden on a substantial number of small entities. 5(d) Collection Schedule The specific frequency for each information collection activity within this request is shown in below Table 1: Annual Respondent Burden and Cost , NESHAP for Site Remediation (40 CFR Part 63, Subpart GGGGG)

. 6. Estimating the Burden and Cost of the Collection Table s 1 and 2 do cument the computation of individual burdens for the recordkeeping and reporting requirements applicable to the affected sources for the subpart included in this I CR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where 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 (private sector and state, local or tribal governments) over the ne xt three years from these recordkeeping and reporting requirements is estimated to be 112,349 hours ( Total L abor Hours from Table 1). The overall recordkeeping hours shown in Table 1 are 85,621 . The overall reporting requirement hours shown in Table 1 are 26,728 . 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 I CR, and any

comments received. Estimating the number of respondents for the site remediation NESHAP is more difficult than the other source categories for which the EPA establishes NESHAP because of a unique set of considerations. As discussed earlier in Section 4(a), site remediations cannot be categorized by a particular industry

sector or group of industry sectors. Another consideration is the finite period for which a site remediation is conducted. The objective of a site remediation is to mitigate a detected risk to public health or the environment by suc cessfully

completing the cleanup of the area contaminated by a hazardous substance. For NESHAP source categories associated with industrial processes or product distribution, a facility and its air emission sources ty pically remain in operation for many years. When an existing source reaches the end of its useful service life, it is often reconstructed or replaced with a new source. In contrast, the air emission sources associated with site remediations cease to exist once the remediation cleanup criteri a are achieved. Depending on site

- specific facts such as the extent of the contamination and the ty pe of remediation activities needed, the “life span” of a given site remediation may be a short period lasting several weeks to a more extended period lasting several years. Even for those site remediations requiring a number of years to complete, it is important to recognize that ultimately, the remediation activities at a facility will be completed and the air emission sources10

will no longer exist. Thus, at any given time, the number of respondents will be changing since at some facilities the site remediations are completed (i.e., subtracting respondents from the total number), at other facilities the site remediations are still on

- going, and at some new facilities site remediations are beginning (i.e., adding respondents to the total number). The annual burden estimates for reporting and recordkeeping presented in Table 1 are based on an estimated total of 286 respondents , 243 of which are from the private sector, 14 from state, local or tribal governments, and 29 from the F ederal government. The respondent numbers used for the estimates were derived from data used by EPA for estimating the nationwide emission reduction and cost impacts of the final rule . For this total number of respondents, 26 respondents (9 percent) are estimated to use an in

- situ treatment process. At each of these sites, a control device is assumed to be required on the process vent. The other 260 respondents (91 percent) are assumed to use an on

- site ex

- situ treatment process. The vast majority of these sites use tanks for storage and handling of contaminated media. Although a rare practice at existing sites, and not likely

to be used at future sites, use of surface impoundments at the ex

- situ treatment sites is included in the burden estimates by assuming that 5 of the 260 sites use a surface impoundment in place of tanks. Finally, the organic content of the contaminated media extracted at most of the ex

- situ treatment sites wi ll be below the 10 percent threshold level specified in the final rule for implementation of a leak detection and repair (LDAR) program. For the burden estimates, it is assumed that 10 facilities will need to implement a n LDAR program. Other assumptions are that 9 percent of the respondents operating ex

- situ treatment sites (26 respondents) choose to exempt one source at the site from the air emission control requirements according to the rule requirements, and an additional unit, an oil/water separator, is used at five of the sites. 6(b) Estimating Respondent Costs (i) Estimating Labor Costs This I CR uses the following labor rates: Managerial $ 11 4.77 ($ 5 4.65 + 110%) Technical $ 9 7

. 59 ($ 4 6. 47 + 110%) Clerical $ 48.26 ($ 22.98 + 110%) These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2009 , 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 ty pe of industry

costs associated with the information collection activities in the subject standard s are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. Th e 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 s and other costs su ch as photocopying and postage.

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs11
Capital/Startup vs. Operation and Maintenance (O&M) Costs A Monitoring Equipment B

Startup Cost for One Affected Facility C

Number of New Affected facilities to Startup D

Total Startup Costs (BxC) E

Annual O&M Costs for One Affected Facility F

Number of Affected Facilities with O&M G

Total O&M (ExF)

Parametric system $10,000 0 0 $2,000 286 $572,000 Leak detection $1,500 0 0 $1,000 10 $10,000 Total $582,000 There are no capital/startup costs for this I CR. The total operation and maintenance (O&M) costs for this I CR are $582,000. This is the total of column G , which is the total cos ts for all 286 respondents

—including 243 respondents from the private sector ($494,49 6

– rounded down) , 14 respondents from the state, local or tribal governments (28,490) , and 29 respondents from the F ederal government (59,014)

. The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the I CR is estimated to be $582,000. These are recordkeeping costs. 6(c) Estimating Agency Burden and Cost The costs to the Agency

are those costs associ ated with analysis of the reported information. Additionally, the F ederal government incurs burden (both labor costs and O&M) as respondents. 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 I CR is estimated to be $ 1, 555 ,7 72

. This cost is based on the average hourly labor rate as follows: Managerial $ 61.36 (GS

- 13, Step 5, $ 3 8.35 + 60% ) Technical $ 4 5.52 (GS

- 12, Step 1, $ 28.45 + 60% ) Clerical $2 4.64 (GS

- 6, Step 3, $ 15.40 + 60% ) These rates are from the Office of Personnel Management (OPM) , 200 9 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 Site Remediation (40 CFR Part 63, Subpart GGGGG)

. 6(d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this I CR, on average over the next three years, approximately 286 existing respondents will be subject to the standard. It is estimated that no new respondents will become subject to the standard

.12
Respondent Universe and Total Burden and Cost

Regulation Citation A

Average Number of New Respondents P er Year B

Number of Reports for New Sourc es C

Number of Existing Respondents D

Number of Reports for Existing Sources E

Number of Respondents That Keep Records but Do Not Submit Reports F

Total Annual Responses (AxB)+(CxD)+E

Semiannual reports 0 0 286 2 0 572 SSM reports when not in compliance with the SSM Plan 0 0 0 0 0 0

The number of Total Annual Responses is 572

. The total annual labor costs to non

- F ederal

- government respondents are $ 10,796,331

. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost, NESHAP for Site Remediation (40 CFR Part 63, Subpart GGGGG)

. The average annual Agency burden and cost over next three years is estimated to be 18,398 labor hours at a cost of $ 1,496,758 (not including s tartup and O&M costs) . See Table 2 below : Average Annual EPA Burden, NESHAP for Site Remediation (40 CFR Part 63, Subpart GGGGG)

. The total annual capital/startup and O&M costs to the regulated entities are $582,000. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs. The total annual respondent labor costs for all ty pes of respondents is $12,014,594. 6(e) Bottom Line Burden Hours and Cost Tables The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2 below , respectively, and summarized below. (i) Respondent Tally The total annual respondent labor hours are 112,349 for the private sector, state, local and tribal government respondents, and 12,678 for F ederal government respondents

. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NESHAP for Site Remediation (40 CFR Part 63, Subpart GGG GG) and Table 2: Average Annual EPA Burden, NESHAP for Site Remediation (40 CFR P art 63, Subpart GGGGG). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 21 9 hours per response

. The total annual capital/startup and O&M costs to the regulated entity are $ 582,0 00

. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs. (ii) The Agency Tally13

The average annual Agency burden and cost over next three years is estimated to be 18,398 labor hours at a cost of $ 1,496,758

. In cluding O&M co sts, the total cost is $1,555,772. See Table 2: Average Annual EPA Burden , NESHAP for Site Remediation (40 CFR Part 63, Subpart GGGGG) (below). 6(f) Reasons for Change in Burden There is no change in the labor hours 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 years. Secondly, the growth rate for respondents is very lo w, negative, or non

- existent. Therefore, the labor hours in the previous I CR reflect the current burden to the respondents and are reiterated in this I CR. There is a minor change to the cost figures due to updates in labor rates and some minor mathematic al errors have been corrected. The updated labor categories and associated rates result in an increase to total labor cost. There is also a change in the method of reporting in this ICR. The labor hours and costs are calculated separately

for each res pondent ty

pe: “private sector , ” “state, local or tribal governments , ” and “F ederal government”. There is no change in the total respondent burden hours (comprising both industry and F ederal government respondents )

. 6(g) Burden Statement The annual pu

blic reporting and recordkeeping burden for this collection of information is estimated to average 21 9 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 OM B Control Numbers for EPA 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

- 200 9

- 0545 . An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to ob tain a copy

of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically

. When in the system , select “s earch,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Avenue , NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the docket center i s (202) 566

- 1752

. Also, you can send comments to the Office of In formation and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW,14

Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA

- HQ

- OECA

- 2009

- 0545 and OMB Control Number 2060

- 0534 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: Annual Respondent Burden and Cost , NESHAP for Site Remediation ( 40 CFR Part 63, Subpart GGGGG)

Inform ation Collection Activity A B C D E F G H Labor hours per Activity Activities per Respondent per Year Total

Number of Respondents Manage

me nt hours per year Technical

hou rs per year Clerical

hours per year Total

Person Hours per Year Total Cost

per Year

Mngmt Technical Clerical ($) Private Sector 1. Applications NA NA NA NA NA NA NA NA NA NA 2. Surveys and Studies NA NA NA NA NA NA NA NA NA NA 3. Param etr ic 4 40 0 1 0 0 0 0 0 $0 Monitoring System 4. Reporting requirem ents

- Read instructions 8 16 0 1 0 0 0 0 0 $0

- Conduct performance test 16 120 0 1 0 0 0 0 0 $0

- Initial notification 8 0 2 1 0 0 0 0 0 $0

- Performance test notification 2 0 1 1 0 0 0 0 0 $0

- Initial compliance determination 8 40 8 1 0 0 0 0 0 $0

- Performance test report 8 80 16 1 0 0 0 0 0 $0

- Semiannual report 4 40 8 2 243 1944.00 19440 3888.00 25,272 $2,307,897

- SSM report 1 8 1 0 0 0 0 0 0 $0 Subtotal Reporting 25,272 25,272 $2,307,897 5. Recordkeeping requirem ents

- Read instructions 8 40 0 1 0 0 0 0 0 $0

- Plan activities 8 100 0 1 0 0 0 0 0 $0

- Prepare SSM plan 16 80 8 1 0 0 0 0 0 $0

- Prepare documentation for exempted sources 16 80 8 1 22.1 353.5 1767.3 176.7 2,297 $221,563

- In

- situ process vents parametric mo nitoring 0 0.5 0 365 22.1 0 4031.6 0 4,032 $393,443

- Ex

- situ process vents parametric mo nitoring 0 0.5 0 365 220.9 0 40315.9 0 40,316 $3,934,4 30

- Inspect tank covers 0 2 0 12 216.7 0 5199.9 0 5,200 $507,454

- Inspect container covers 0 0.5 0 12 220.9 0 1325.5 0 1,325 $129,351

- Inspect surface impoundment covers 0 2 0 12 4.2 0 102.0 0 102 $9,95016

Inform ation Collection Activity A B C D E F G H Labor hours per Activity Activities per Respondent per Year Total

Number of Respondents Manage

me nt hours per year Technical

hou rs per year Clerical

hours per year Total

Person Hours per Year Total Cost

per Year

Mngmt Technical Clerical ($)

- Inspect separator covers 0 2 0 12 4.2 0 102 .0 0 102 $9,950

- Inspect transfer system covers 0 0.5 0 12 220.9 0 1325.5 0 1,325 $129,351

- Leak detection and repair program 16 100 0 1 8.5 135.9 849.7 0 986 $98,520

- Develop record system 16 100 8 1 0 0 0 0 0 $0

- Enter information 0 2 0 52 243 0 25272 0 25,272 $2,466,294

- Personnel training 2 20 0 0 0 0 0 0 0 $0 Subtotal Recordkeeping 80,957 80,957 $7,900,306 Total for Private Sector 106,229 $10,208,204 State, Local or Tribal Governm ent 1. Applications NA NA NA NA NA NA NA NA NA NA 2. Surveys and Studies NA NA NA NA NA NA NA NA NA NA 3. Param etric 4 40 0 1 0 0 0 0 0 $0 Monitoring System 4. Reporting requirem ents

- Read instructions 8 16 0 1 0 0 0 0 0 $0

- Conduct performance test 16 120 0 1 0 0 0 0 0 $0

- Initial notification 8 0 2 1 0 0 0 0 0 $0

- Performance test notification 2 0 1 1 0 0 0 0 0 $0

- Initial compliance determination 8 40 8 1 0 0 0 0 0 $0

- Performance test report 8 80 16 1 0 0 0 0 0 $0

- Semiannual report 4 40 8 2 14 112 1120 224 1,456 $132,965

- SSM report 1 8 1 0 0 0 0 0 0 $0 Subtotal Reporting 1,456 1,456 $132,965 5. Recordkeeping requirem ents

- Read instructions 8 40 0 1 0 0 0 0 0 $0

- Plan activities 8 100 0 1 0 0 0 0 0 $ 0

- Prepare SSM plan 16 80 8 1 0 0 0 0 0 $0

- Prepare documentation for exempted sources 16 80 8 1 1.3 20.4 101.8 10.2 132 $12,76517

Inform ation Collection Activity A B C D E F G H Labor hours per Activity Activities per Respondent per Year Total

Number of Respondents Manage

me nt hours per year Technical

hou rs per year Clerical

hours per year Total

Person Hours per Year Total Cost

per Year

Mngmt Technical Clerical ($)

- In

- situ process vents parametric mo nitoring 0 0.5 0 365 1.3 0 232.3 0 232 $22,667

- Ex

- situ process vents parametric mo nitoring 0 0.5 0 365 12.7 0 2322.7 0 2,323 $226,675

- Inspect tank covers 0 2 0 12 12.5 0 299.6 0 300 $29,236

- Inspect container covers 0 0.5 0 12 12.7 0 76.4 0 76 $7,452

- Inspect surface impoundment covers 0 2 0 12 0.2 0 5.9 0 6 $573

- Inspect separ ator covers 0 2 0 12 0.2 0 5.9 0.0 6 $573

- Inspect transfer system covers 0 0.5 0 12 12.7 0 76.4 0 76 $7,452

- Leak detection and repair program 16 100 0 1 0.5 7.8 49.0 0 57 $5,676

- Develop record system 16 100 8 1 0 0 0 0 0 $0

- Enter information 0 2 0 52 14 0 1456 0 1,456 $142,091

- Personnel training 2 20 0 0 0 0 0 0 0 $0 Subtotal Recordkeeping 4,664 4,664 $455,162 Total for State, Local or Tribal Governm ent 6,120 $588,127 Overall Reporting 26,728 $2,44 0,863 Overall Recordkeeping 85,621 $8,355,468 OVERALL TOTAL 112,349 $10,796,331 Assumptions 1) Cost: managerial

- $ 114.77 /hr, technical

- $ 97.59 /hr, clerical

- $4 8.26 /hr. 2) 243 respondents from the private se ctors, 29 respon dents from the F ederal government, and 14 respondents from state, local or tribal governments. (286 respondents total)

. 3) 26 out of 286 respondents (9 percent) are estimated to use an in

- situ treatment process. At each of these sites, it is assumed that a control device is required on the process vent. 4) 260 out of 286 respondents (90 percent) are assumed to use an on

- site ex

- situ treatment process. 5 ) 5 of the 260 sites use a surface impoundment in place of tanks. 6 ) 10 facilities implement an LDAR p rogram. 7 ) 26 out of 286 respondents exempt one source at the site from the air emission control requirements. 8 ) Oil/water separator is used at five of the sites. 9) Previous ICR allowed two SSM reports per year, but we determined that these reports are typically included in the semiannual reports. 10) The relative proportions in assumptions (3) through (7) are applied to each respondent type according to the breakdown explai ned in Assumption (2).18 Table 2: Average Annual EPA Burden, NESHAP for Site Remed iation (40 CFR Part 63, Subpart GGGGG)

.

Inform ation Collection Activity A B C E F G H I Labor Hours per Activity per Labor Category Activities per Respondent per Year Total

Number of Respondents Managem ent

hours per year Technical

hours per year Clerical

hours per year Total

Person Hours per Year Total

Labor Costs per Year Managerial Technical Clerical ($) Report Review a. Initial notification 1 4 0 0 0 0 0 0 0 $0 b. Performance test notification 1 2 0 0 286 0 0 0 0 $0 c . Initial compliance determination 4 24 0 0 0 0 0 0 0 $0 d. Performance test reports 4 24 0 0 286 0 0 0 0 $0 e. Semiannual report 2 8 0 2 286 1144 4576 0 5,720 $278,495 TOTAL for Report Review 5,720 $278,495 Respondent Burden

- Federal Gove rnm ent 1. Applications NA NA NA NA NA NA NA NA NA NA 2. Surveys and Studies NA NA NA NA NA NA NA NA NA NA 3. Param etric 4 40 0 1 0 0 0 0 0 $0 Monitoring System 4. Reporting requirem ents

- Read instructions 8 16 0 1 0 0 0 0 0 $0

- Conduct performance test 16 120 0 1 0 0 0 0 0 $0

- Initial notification 8 0 2 1 0 0 0 0 0 $0

- Performance test notification 2 0 1 1 0 0 0 0 0 $0

- Initial compliance determination 8 40 8 1 0 0 0 0 0 $0

- Performance test report 8 80 16 1 0 0 0 0 0 $0

- Semiannual report 4 40 8 2 29 232.00 2320 464.00 3,016 $275,428

- SSM report 1 8 1 0 0 0 0 0 0 $0 Subtotal Reporting 3,016 3,016 $275,428 5. Recordkeeping requirem ents

- Read instructions 8 40 0 1 0 0 0 0 0 $0

- Plan activities 8 100 0 1 0 0 0 0 0 $0

- Prepare SSM plan 16 80 8 1 0 0 0 0 0 $019

Inform ation Collection Activity A B C E F G H I Labor Hours per Activity per Labor Category Activities per Respondent per Year Total

Number of Respondents Managem ent

hours per year Technical

hours per year Clerical

hours per year Total

Person Hours per Year Total

Labor Costs per Year Managerial Technical Clerical ($)

- Prepare documentation for exempted sources 16 80 8 1 2.6 42. 2 210.9 21. 1 274 $26,442

- In

- situ process vents parametric monitoring 0 0.5 0 365 2.6 0 481.1 0 481 $46,954

- Ex

- situ process vents parametric monitoring 0 0.5 0 365 26. 4 0 4811. 4 0 4,811 $469,541

- Inspect tank covers 0 2 0 12 25. 9 0 620. 6 0 621 $60,560

- Inspect container covers 0 0.5 0 12 26. 4 0 158. 2 0 158 $15,437

- Inspect surface impo undment covers 0 2 0 12 0.5 0 12. 2 0 12 $1,187

- Inspect separator covers 0 2 0 12 0.5 0 12. 2 0 12 $1,187

- Inspect transfer system covers 0 0.5 0 12 26. 4 0 158. 2 0 158 $15,437

- Leak detection and repair program 16 100 0 1 1.0 16.2 101. 4 0 118 $11 ,757

- Develop record system 16 100 8 1 0 0 0 0 0 $0

- Enter information 0 2 0 52 29 0 3016 0 3,016 $294,331

- Personnel training 2 20 0 0 0 0 0 0 0 $0 Subtotal Recordkeeping 9,662 9,662 $942,835 Subt otal for Federal Governm ent Respondent 12,678 $1,218,263
Total Labor Burden 18,398 $1,496,758 Startup and O&M $5 9,014 Total Labor hours and Cost 18,398 $1,555 ,7 72 Assumptions for Report Review 1) Managerial labor

- $ 61.36 , technical labor

- $ 4 5.52 , clerical labor

- $ 24.64

. Assumptions for Federal Government Respondent 1) Cost: managerial

- $ 114.77 /hr, technical

- $ 97.59 /hr, clerical

- $4 8.26 /hr. 2) 243 respondents from the private se ctors, 29 respondents from the F ederal government, and 14 respond ents from state, local or tribal governments. (286 respondents total)

.20

3) 26 out of 286 respondents (9 percent) are estimated to use an in

- situ treatment process. At each of these sites, it is assumed that a control device is required on the process vent

. 4) 260 out of 286 respondents (91 percent) are assumed to use an on

- site ex

- situ treatment process. 5 ) 5 of the 260 sites use a surface impoundment in place of tanks. 6 ) 10 facilities implement an LDAR program. 7 ) 26 out of 286 respondents exempt one so urce at the site from the air emission control requirements. 8 ) Oil/water separator is used at five of the sites. 9) Previous ICR allowed two SSM reports per year, but we determined that these reports are typically included in the semiannual reports. 10) The relative proportions in assumptions (3) through (7) are applied to each respondent type according to the breakdown explain ed in Assumption (2).