### SUPPORTING STATEMENT **ENVIRONMENTAL PROTECTION AGENCY NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC)**  **(Renewal)**
**1. Identification of the Information Collection 1(a) Title**  **of the Information Collection** NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC) (Renewal), EPA I CR Number 1692.06, OMB Control Number 2060

- 0340 **1(b) Short Characterization/Abstract** The National Emission Standards for Hazardous Air Pollutan ts (NESHAP) for Petroleum Refineries, published at 40 CFR part 63, subpart CC, were proposed on July 15, 1994, and promulgated on August 18, 1995. These regulations apply to the following existing and new petroleum refining process units and emission poin ts located at refineries that are major sources of hazardous air pollutants (HAP) emissions, including: miscellaneous process vents, storage vessels, wastewater streams and treatment operati ons, equipment leaks, gasoline loading racks, and marine vessel lo ading operations. These regulations also apply to storage vessels and equipment leaks associated with bulk gasoline terminals or pipeline breakout stations that are related to an affected petrole um refinery

. New facilities include those that commenced co nstruction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 63, subpart CC.
In general, all NESHAP standards require initial notifications, performance tests, and periodic reports. O wners or operators 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 sy stem 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 part shall maintain a file of these measurements and retain the file for at least fi ve y ears following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated st ate or local authority

. In the event that there is no such delegated authority , the reports are sent directly to the United Stat es Environmental Protection Agency (EPA) regional office. Once received by the authority , reports are reviewed and the data is entered, analy zed, and maintained in the Online Tracking I nformation Sy stem (OTI S). I nformation from these reports can be use b y any

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regions, states, agencies and offices with access to OTI S and may be use in determining where inspections and enforcement act ions may be necessary

. Approximately

134 sources are currently subject to the regulation, and it is estimated that no additional sources per y ear will become subject to the regulation in the next three y ears. Although no additional sources are expected to become subject to t he regulation, some sources will construct new affected facilities or will reconstruct cu rrently affected facilities in order to increase their refining capacities. I t is assumed that, on average, a refinery will reconstruct 10 percent of the existing storage vessels, process units subject to equipment leak provisions, and process vents. The annual labor burden cost in this Information Collection Request (I CR) is $37,026,877 which is based on a labor burden of 411,889 hours. There are no capital/startup or operation and maintenance cos ts associated with this rule. The Office of Management and Budget (OMB) approved the currently active I CR without any “ Terms of Clearance. ” The 134 major source facilities in the United States, which are respondents to this I CR, are publicly owned and operated by petroleum refinery

plants. None of the faci lities are owned by either state, local and tribal agencies or the Federal government. The burden to respondents is calculated in Table 1: Annual Respondent Burden and Cost, NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC), attached . Since th is regulation only affects the refinery

industry , the burden to the “Federal Government” burden is attributed entirely

to work performed by

Federal employ ees or government contractor. This burden is calculated in Ta ble 2: Annual Burden and Cost to the Fed eral Government: NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC), attached.
**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 establis h standards of performance for each category or subcategory

of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emissi on reduction. I n 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

### 3 moni toring 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 emissions from petroleum refineries cause or contribute to air pollution that may reasonably

be anticipated to endanger public health or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR part 63, subpart CC. **2(b) Practical Utility/Users of the Data** The control of emissions of HAP from petroleum refineries requires not only t he installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of HAP from petroleum refineries are the result of the o peration of the affected facilities. The subject standards are achieved by the cap ture of HAP emissions using control devices and the reduction of emissions through leak detection and repair procedures. Depending on the emission point being controlled, affected source s may use flares, carbon adsorbers, combustion devices (including inc inerators, boilers and process heaters), or other control devices that meet minimum control requirements. The notifications required in the applicable regulations are used to inform the Agency or delegated authority

when a source becomes subject to the re quirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated, leaks are being detected and repair ed, and the regulations are being met. Performance test r eports are needed as these are the Agency 's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. I n general, control devices other than flares must achieve HAP reductions of at least 95 percent by weight. Flares must be operated with no visible emissions and a flame must be present at all times. The semiannual reports are used for problem identification, a s a check on source operation and main tenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this I CR is used by the Agency

to ensure that sources affected by the N ESHAP continue to operate the control equ ipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting r equirements is also used for targeting inspections and is of sufficient quality to be used as evidence in

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court. **3. Nonduplication, Consultations, and Other Collection Criteria** The requested recordkeeping and reporting are required under 40 CFR part 63, subpart CC. **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 . 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. Some of the petroleum refinery plants subject to NESHAP subpart CC will also be subject to requirements under the following regulations: New Source Performance Standards (NSPS) subparts J, K, Ka, Kb, VV, and QQQ, NESHAP (part 61) subpart FF, and NESHAP (pa rt 63) subparts G, H, J, R, and Y. The burden requested in this NESHAP does not duplicate any of the industry

burden accounted for under those regulations. Efforts were made before and after promulgation to streamline overlapping recordkeepi ng and report ing requirements of other rules affecting this industry . The applicability section of this NESHAP delineates requirements wh ere there are overlapping rules. This NESHAP does not require additional recordkeeping or reporting for marine vessel tank loading and unloading operations, bulk gasoline loading racks, and wastewater sources, provided that they are not included in emissions averaging. These sourc es would only be affected by

those records and reports required already by other rules. Therefore, the recordkeeping and reporting cost for these sources was not included in the burden estimate for this rule. **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 (72 FR 10735) on March 9, 2007. No comments were received on the burden published in the Federal Register

.

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**3(c) Consultations** The assumptions made in the development of this I CR, including the estimate on the number of petroleum re fineries subject to the standard, were reviewed and updated, if needed, by the Agency

in consultation with David Friedman of the National Petroch emical and Refiners Association (NPRA), who consulted with some its committee members. In addition, we consult ed the Agency ’s internal data sources including our own industry experts and OTI S, which is the EPA database for the collection, maintenance, and retr ieval of all compliance data. The information in OTI S is reported by industry , in compliance with the rec ordkeeping and reporting provisions in the standard. OTI S is operated and maintained by the Office of Compliance at EPA. We have estimated that there are approximately

13 4 existing respondents subject to the standard and that no new sources will become su bject to the standard over the three

- ye ar period covered by this I CR. The Agency

also has the policy

to respond after a thorough review of comments received from the public since the last I CR renewal as well as those submitted in response to the First Fed eral Register Notice. In this case, no comments were received. **3(d) Effects of Less Frequent Collection** Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements fo r 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 colle cted less frequently , the likelih ood of detecting poor operation and maintenance of control equipment and noncompliance would decrease. **3(e) General Guidelines** None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5. These standards require 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. EPA believes that the five

- ye ar records retention requi rement is consistent the Part 70 permit program and the five

- ye ar statute of limitations on which the permit program is based. Also, the retention of records for five y ears would allow EPA to establish the compliance history of a source and any

pattern of compliance for purposes of determining the appropriate level of enforcement action. Historically , EPA has found that the most flagrant violators fre quently

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have violations extending bey ond the five y ears. EPA would be prevented from pursuing the worst v iolators due to the destruction or nonexistence of records if records were retained for less than five y ears. **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 I nformation (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 requirem ents are petroleum refineries that are major sources of HAP emissions. The United States Standard I ndustrial Classification (SI C) code for the respondents affected by the standards is SI C 2911, which corresponds to the North American I ndustry Classificati on Sy stem (NAI CS) 324110 for petroleum refineries. **4(b) Information Requested (i) Data Items**  All data in this I CR that are recorded and/or reported are required by 40 CFR part 63, subpart CC

- National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries. A source must make the following reports:

### 7 **Notification Reports** Notification of compliance, status report, periodic report for emissions averaging (optional) 63.653(a) & (c)
Notification of intent to construct/reconstruct. 63.9(b)(4), 63.654(d)(2) Notification of date of construction/reconstruction. 63.9(b)(4), 63.654(d)(2) Notification of date of actual startup. 63.9(b)(4), 63.654(d)(2)
Application for approval of construction/reconstruction. 63.5(d), 63.9(b)(5), 63.566(b), 63.640(k)(2)(i), 63.654(c), 63.654(h)(6) Notification of intent to construct/reconstruct a control device. 63.5(b)(6), 63.5(d)(1)

Notification of compliance status. 63.182(c), 63.428(c)(2), 63.640(k)(2)(ii), 63.654(b), 63.654(d), 63.654(f), 63.654(h)(6) Notification of performance test and site

- specific test plan. 63.567(d), (f), 63.642(d)(2), 63.654(c), Results of performance test. 63.567(d), 63.654(c), 63.654(d)

### 8 **Notification Reports** Request for extension of compliance. 63.9(c) Notification of special compliance requirements. 63.9(d) Engineering report of vapor collection sy stem for marine tank vessel loading operations. 63.567(f), 63.654(c) Notifications for wastewater streams. 61. 357, 63.654(a) Notifications of inspections of storage vessels. 63.654(h)(2) Notification of determination of applicability to flexible process units. 63.654(h)(6)(i) Notification of determination of applicability to variable storage vessels. 63.654(h)(6)(ii) Notification of determination of applicability to variable distillation units. 63.654(h)(6)(iii)

**Reports** Submission of implementation plan for approval (optional) 63.652(b), 63.653(c) & (d) Periodic report for emissions averaging (optional) 63.652(l) Reports for wastewater streams. 61.357, 63.654(a)
Reports for gasoline loading racks. 63.428(b), (c), (g)(1), and (h)(1) through (h)(3), 63.654(b)

### 9 **Reports** Annual reports of excess emissions and continuous monitoring sy stem performance, or summary report, for marine tank vessel loading operations. 63.567(e), 63.654(c) Reports for equipment leaks. 60.487 or 63.182, 63.654(d) Semiannual ( “ Periodic ” ) and immediate reports, including startup, shutdown, and malfunction reports. 63.10(d)(5), 63.654(g), 63.654(h)(1) A source must keep the following records: **Recordkeeping**

Records for implementation plan (optional) 63.653(a), (b), & (d) Records for wastewater streams. 61.356, 63.654(a) Records for gasoline loading racks. 63.428(c), 63.654(b) Records for vapor collection sy stem for marine tank vessel loading operations. 63.567(g), 63.654(c) Records of vapor tightness for marine tank vessel loading operations. 63.567(h), 63.654(c) Records of current vapor tightness test results for marine tank vessel loading operations. 63.567(i), 63.654(c) Records for equipment leaks. 60.486 or 63.181, 63.654(d) Records for storage vessels. 63.123, 63.654(i)(1) Records of performance test results and test reports. 63.654(i)(2)

### 10 **Recordkeeping** Records for monitoring of miscellaneous process vents. 63.654(i)(3) Records of miscellaneous notifications and reports. 63.654(i)(4) Records of startup, shutdown, and malfunction of processes. 63.10(b)(2)(i) Records of malfunction of control equipment. 63.10(b)(2)(ii) Records of corrective actions taken during periods of startup, shutdown, and malfunction. 63.10(b)(2)(iv) Records to demonstrate conformance with startup, shutdown, and malfunction plan. 63.10(b)(2)(v) Records of calibration checks, adju stments and maintenance on CMS. 63.10(b)(x), (xi) Electronic Reporting The majority

of the recordkeeping requirements associated with this rule are related to visual inspections of affected facilities. Personnel at the affected source must perform these inspections and note the nature of the corrective actions taken. Because of the human labor involved with these requirements, there are few recordkeeping r equirements that could be easily automated. As a result, automated recordkeeping appears to be rare among respondents. Some regulatory agencies are setting up electronic reporting s ys tems to allow sources to report electronically which is reducing the re porting burden. However, electronic reporting sy stems are still not widely used by the regulatory

agencies. I t is believed that electronic reporting is not common among respondents, per discus sions with the industry

association. **(ii) Respondent Activities**  **Respondent Activities** Read instructions.

### 11 **Respondent Activities** In stall, calibrate, maintain, and operate continuous temperature monitors or other monitoring devices for HAP control devices. Perform initial performance test 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 verify ing information. Develop, acquire, install, and utilize technology and sy stems for the purpose of processing and maintaining information. Develop, acquire, install, and utilize technology and sy stems for the purpose of disclosing and providing information. Adjust the existing way s to comply with any previously

applicable instructions and requirements. Train personnel to be able to respond to a collection of information. Transmit, or otherwise disclose the information.

**5. The Information Collected: Agency Activities, Collection Methodology, and Information Management**  **5(a) Agency Activities** EPA conducts the following activities in connection with the acquisition, analy sis, storage, and distribution of the required information. **Agency A ctivities** 

### 12 **Agency A ctivities**  Observe initial performance tests and observe repeat performance tests if necessary

. Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry

. Audit facility records. Input, analy

ze, and maintain data in the Online Tracking Information Sy stem (OTI S). **5(b) Collection Methodology and Management** Following notification of startup, the reviewing authority may inspect the source to ensure that the pollution control device s are properly installed and operated, that leaks are being detected and repaired, and that the regulations are being met. Perform ance test reports are needed as these are the Agency 's record of a source's initial capability to comply

with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. In general, control devices other than flares must achieve HAP reductions of at least 95 percent by weight. Flares must be operated with no visible emissions and a flame must be prese nt at all times. Data and records maintained by the respondents are tabulated and published for use in co mpliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for complianc e determinations.
In formation contained in the reports is entered into the OTI S, which is oper ated and maintained by EPA's Office of Compliance. OTI S is EPA ’ s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government

- owned facilities. The EPA uses the OTI S for tracking air pollu tion compliance and enforcement by local and state regulatory

agencies, EPA regional offices and EPA headquarters. The EPA and its delegated Authorities can edit, store, retrieve and analy

ze the data. The records required by

this regulation must be retai ned by the owner or operator for five y ears. **5(c) Small Entity Flexibility**

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A majority

of the affected facilities are large entities (e.g., large businesses). However, the impact on small businesses w as taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the ty pes of control equipment employ ed, the recordkeeping and reporting requirements are the same for both small and lar ge entities. The Agency

considers these require ments the minimum 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 over all burden will be reduced. **5(d) Collection Sche dule**  The specific frequency

for each information collection activity within this request is shown in Table 1: Annual Respondent Burden and Cost: NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC). **6. Estimating the Burden and Cost of the Colle ction**  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 believed to b e consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, we have identified the specific tasks and major assumptions in the burden calculations. Responses to this information collection are mandatory

. In the burden e stimate for this I CR, we have continued to assume that none of the refineries subject to NESHAP subpart CC will use emissions averaging. Consequently , no hours are included in the estimated burden for recordkeeping and reporting ac tivities associated with emissions averaging. I n addition, we did not include burden for marine vessel tank loading and unloading operations, bulk gasoline loading racks, and wastewater sources since these sources would only be affected by

those records and reports r equired alre ady by other rules, as discussed in Section 3(a). This NESHAP does not have any additional recordkeeping or reporting requirements for these sources, provided that they are not included in emissions averaging. The Agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it display s a currently

valid OMB Control Number. **6(a) Estimating Respondent Burden**

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The average annual burden to industry over the next three y ears from these recordkeeping and re porting requirements is estimated to be 4 1 1, 88 9 hours. 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

c omments received. **6(b) Estimating Respondent Costs (i) Estimating Labor Costs**  This I CR uses the following labor rates: Managerial $107.63 ($51.25 + 110%) Technical $93.41 ($44.48 + 110%) Clerical $45.87 ($21.84 + 110%) These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2007, Table 1. Private I ndustry , by occupational and industry group. The rates are from column 1, Total C ompensation. The rates have been increased by 110 perce nt to account for the benefit packages available to those employ ed by private industry

. **(ii) Estimating Capital/Startup and Operation and Maintenance Costs** The only costs to the regulated industry resulting from information collection activities require d 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 NESHAP subpart CC incorporates requirements for parametric monitoring of control devices that are included in other rules to which petroleum refineries are already subject. No additional new monitoring equipment is required in order to comp ly with the recordkeeping and reporting requirements of this NESHAP. Therefore, we have determined that there are no annualized

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capital/startup costs and operation and maintenance costs associated with this rule.

**6(c) Estimating Agency Burden and Cost** The onl y costs to the Agency are those labor costs associated with analy sis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, peri odic inspection of sources of emissions, and the publication and distribution of collected information. The average annual Agency cost during the three y ears of the I CR is estimated to be $133,040. This cost is based on the average hourly

labor rate as follows: Manageri al $58.18 (GS

- 13, Step 5, $36.36 + 60%) Technical $43.17 (GS

- 12, Step 1, $26.98+ 60%) Clerical $23.36 (GS

- 6, Step 3, $14.60 + 60%) These rates are from the Office of Personnel Management (OPM) 2007 “ General Schedule “ which excludes locality rates of pay

. Details upon which this estimate is based appear in Table 2: Annual Burden and Cost to the Federal/State Government: NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC), attached. **6(d) Estimating the Respondent Universe and Total Burden and Costs**  Based on our research for this I CR, approximately 134 existing sources are currently subject to the standard. I t is estimate d that no additional sources per y ear will become subject to the standard in the next three y ears. Although no additio nal sources are expected to become subject to the regulation, some sources will construct new affected facilities or will reconstruct current ly affected facilities in order to increase their refining capacities. It is assumed that, on average, a refinery will reconstruct 10 percent of the existing storage vessels, process units subject to equipment leak provisions, and process vents.

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The number of respondents is calculated using the following table, which addresses the three years covered by this I CR

. **Number of Respondents** Respondents That Submit Reports Respondents That Do Not Submit Any Reports

Year (A) Number of New Respondents (B)

Number of Existing Respondents (C)

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

Number of Existing Respondents That Are Also New Respondents 1 (E)

Number of Respondents (E=A+B+C

- D)

1 13.4 134 0 13.4 134 2 13.4 134 0 13.4 134 3 13.4 134 0 13.4 134 Average 13.4 134 0 13.4 134 1 New respondents include sources with constructed and reconstructed affected facilities. In this standard, existing respondents submit initial notifications. 

### 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 IC R is 134. The total number of annual responses per y ear is calculated using the following table. Note that this table does not account for responses that are required by other regulations to which petroleum refineries are already subject (i.e., requ irements that are not attributable to the petroleum refineries NESHAP):

### 17 **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

Initial Notifications: Notification of reconstruction process vents 134 0.4 0 53.6 Notification of compliance status

- storage vessel 134 0.9 0 120.6 Notification of compliance status

- equipment leaks 134 1.1 0 147.4 Notification of compliance status

- process vents 134 0.9 0 120.6 Notification of performance test

- process vent control device 134 0.4 0 53.6 Notification of storage vessel inspection 134 0.9 0 120.6 Periodic Reports: Review of startup, shutdown, malfunction reports 134 0 0 0.0 Semiannual parameter exceedance reports 134 2 0 268

### 18 **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

Annual tank inspection failure reports 134 1 0 134 Semiannual compliance/LDAR reports 134 2 0 268 TOTAL 1,286.4 

### The number of Total Annual Responses is 1,286 (rounded), as calculated in the table above. **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 $37,026,877 (rounded). Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC), attached. Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 320 (rounded) hours per response. There are no annual capital/startup costs and O&M costs to the regulated entity associated with this rule. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

**(ii) The Agency Tally**

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The average annual Agency burden and cost over next three y ears is estimated to be 5,640 labor hours at a cost of $237,444 (rounded). See Table 2: Annual Burden and Cost to the Federal Government: NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC), attached. **6(f) Reasons for Change in Burden** The increase of 1,835 hours in labor burden to industry compared to the most recently approved I CR is due to various revisions and refinements to the calculation of burden hours for ongoing recordkeeping and reporting as applied to the existing respond ents. The revisi ons and refinements made to the calculation of burden hours also caused an increased in labor burden cost to the regulatory

agencies when compared to the figures in the most recently approved I CR.

**6(g) Burden Statement** The annual public reporting and recordkeeping burden for this collection of information is estimated to average 320 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or discl ose or provide information to or for a Federal agency . This includes the time needed to review instructions; develop, acquire, inst all, and utilize technology

and sy stems for the purposes of collecting, validating, and verify ing information, processing an d maintaining information, and disclosing and providing information; adjust the existing way s to comply with any previously

applicable inst ructions 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 displ ay s a valid OMB Control Nu mber. The OMB Control Numbers for EPA ’ s 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 responden t burden, including the use of automated collection techniques, EPA has established a public docket for this I CR under Docket I D Number EPA

- HQ

- OECA

- 2007

- 0126. An electronic version of the public docket is available at

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http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically . When in the sy s tem , select “search,” then key in the docket I D number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and I nformation 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 holiday s. The telephone number for the Read ing Room is (202) 566

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

- 1927. Also, y ou can send comments to the Office of I nformation and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket I D Number EPA

- HQ

- OECA

- 2007

- 0126 and OMB Control Number 2060

- 0340 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. An nual Respondent Burden and cost:**  **NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC)**

**Burden item (A)**  **Person**
  ** hours per** **occur**   ** rence** **(B)**

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person**
  ** hours per** **responden t per year**  **(C=AxB) (D)** 

**Respondent per year**  **a (E)** 

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

**Managem e**  **nt person**
  ** hours per** **year (Ex0.05)**  **(G)**

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

**Cost,$ b** 

1. Applications N/A 2. Survey and Studies N/A 3. Acquisition, Installation, and Utilization of Technology and Systems N/A
4. Reporting Requirements

### 21 **Burden item (A)**  **Person**
  ** hours per** **occur**   ** rence** **(B)**

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person**
  ** hours per** **responden t per year**  **(C=AxB) (D)** 

**Respondent per year**  **a (E)** 

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

**Managem e**  **nt person**
  ** hours per** **year (Ex0.05)**  **(G)**

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

**Cost,$ b** 

A. Read instructions and planning c & d Initial: i. General/applicability 20 1 20 13.4 268.0 13.4 26.8 27,705.44 ii. Storage vessels 20 1 20 13.4 268.0 13.4 26.8 27,705.44 iii. Process units

– LDAR 20 1 20 13.4 268.0 13.4 26.8 27,705.44 iv. Process vents 20 1 20 13.4 268.0 13.4 26.8 27,705.44 Periodic: i. General/applicability 4 2 8 134 1,072.0 53.6 107.2 110,821.75 ii. Storage vessels 1 2 2 134 268.0 13.4 26.8 27,705.44 iii. Process units

– LDAR 2 2 4 134 536.0 26.8 53.6 55,410.88 iv. Process vents 2 2 4 134 536.0 26.8 53.6 55,410.88 B. Required activities c & d Initial: i. General: applicability 10 1 10 134 1,340.0 67.0 134.0 138,527.19 ii. Storage vessels 88 0.9 792 134 10,612.8 530.6 1,061.3 1,097,131.96 iii. Process units

– LDAR 8 1.1 88 134 1,174.2 59.0 29.5 121,907.32 iv. Process vents

- initial performance test 11 0.2 22 134 294.8 14.7 129.5 30,472.59 v. Process vents

- repeat performance test 11 0.1 11 134 147.0 7.4 14.7 15,202.02

### 22 **Burden item (A)**  **Person**
  ** hours per** **occur**   ** rence** **(B)**

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person**
  ** hours per** **responden t per year**  **(C=AxB) (D)** 

**Respondent per year**  **a (E)** 

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

**Managem e**  **nt person**
  ** hours per** **year (Ex0.05)**  **(G)**

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

**Cost,$ b** 

Periodic i. General/applicability 3 2 6 134 804 40.2 80.4 83,116.31 ii. Storage vessels 4 9 36 134 4,824.0 241.2 482.4 498,697.88 iii. Process units

– LDAR 1 11 134 134 1,476 73.7 147.4 152,398.08 iv. Process vents 2 24 48 134 6,432.0 321.6 643.2 664,930.51 C. Create information See 4B D. Gather existing information See 4B E. Write report c Startup, shutdown and malfunction plan 40 1 40 0 0.0 0.0 0.0 0.00 Notification of compliance status i. Storage vessels 1 0.9 0.9 134 120.6 6.0 12.1 12,466.05 ii. Process units

– LDAR 4 1.1 4.4 134 589.6 29.5 59.0 60,955.95 iii. Process vents 1 0.9 0.9 134 120.6 6.0 12.1 12,466.05 Notification of storage vessel inspection 1 0.9 0.9 134 120.6 6.0 12.1 12,466.05 Notification of reconstruction

process vent control device 4 0.4 1.6 134 214.4 10.72 21.44 22,160.36 Notification of performance test c See 4B Startup, shutdown and malfunction reports c NA

### 23 **Burden item (A)**  **Person**
  ** hours per** **occur**   ** rence** **(B)**

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person**
  ** hours per** **responden t per year**  **(C=AxB) (D)** 

**Respondent per year**  **a (E)** 

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

**Managem e**  **nt person**
  ** hours per** **year (Ex0.05)**  **(G)**

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

**Cost,$ b** 

Semiannual compliance reports: e, f i. General 18 2 36 134 4,824.0 241.2 482.4 498,697.88 ii. Storage vessels 1 18 18 134 2,412.0 120.6 241.2 249,348.94 iii. Storage vessels seal gap
failure 3 2 6 134 804.0 40.2 80.4 83,116.31
iv. Process units

– LDAR 3 22 66 134 8,844.0 442.2 884.4 914,279.45 v. Process vents 1.5 4 6 134 804.0 40.2 80.4 83,116.31 5. Recordkeeping Requirements A. Read instructions See 4A B. Plan activities c See 4A C. Implement activities c See 4B D. Develop record system g N A Initial: i. Storage vessels 2 0.9 1.8 134 241.2 12.1 24.1 24,938.28 ii. Process units

– LDAR 75 1.1 82.5 134 11,055.0 552.8 1,105.5 1,142,854.70 iii. Process vents 2 0.9 1.8 134 241.2 12.1 24.1 24,938.28 Periodic i. Storage vessels 2 18 36 134 4,824.0 241.2 482.4 498,697.88 ii. Process units

– LDAR 75 11 825 134 110,550.0 5,527.5 11,055.0 11,428,493.18 iii. Process vents 2 9 18 134 2,412.0 120.6 241.2 249,348.94

### 24 **Burden item (A)**  **Person**
  ** hours per** **occur**   ** rence** **(B)**

**No. of occurrences**  **per respondent**  **per year (C)** 

**Person**
  ** hours per** **responden t per year**  **(C=AxB) (D)** 

**Respondent per year**  **a (E)** 

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

**Managem e**  **nt person**
  ** hours per** **year (Ex0.05)**  **(G)**

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

**Cost,$ b** 

E. Time to enter information and transmit it g Initial: i. Storage vessels 6 0.9 3.6 134 482.4 24.12 48.24 49,869.79 ii. Process units

– LDAR 99 1.1 108. 134 14,592.6 729.63 1,459.3 1,508,562.93 iii. Process vents 12 0.2 24 134 321.6 16.1 32.2 33,250.51 Periodic i. Storage vessels 3.5 18 63.0 134 8,442.0 422.0 844.2 872,710.53 ii. Process units

– LDAR 99 11 1,089 134 145,926.0 7,296.3 14,592.6 15,085,610.99 iii. Process vents 15 4 60.0 134 8,040 402.0 804.0 831,163.14 F. Time to train personnel h Initial: i. Storage vessels 1 0.9 0.9 134 120.6 6.0 12.1 12,466.05 ii. Process units

– LDAR 1 1.1 1.1 134 147.0 7.4 14.7 15,202.02 iii. Process vents 1 0.4 0.4 134 53.6 2.7 5.4 5,545.08 Periodic i. Storage vessels NA ii. Process units

– LDAR 0.5 11 5.5 134 737 36.9 73.7 76,195.34 iii. Process vents 1 4 4 134 536 26.8 53.6 55,410.88
Subtotal Labor Burden 358,164.6 17,908.2 35,816.5 $37,026,877.44 TOTAL LABOR BURDEN AND COST (Rounded) 411,889 $37,026,877

### 25

**Assumptions:**

**a** W e have estimated that of the 145 existing petroleum refineries in the U.S., of which 134 refineries would be considered respo ndents subject to this rule. Although we assumed that there will be no new refineries subject to the rule, we estimate that all ex isting refineries would have to reconstruct 10 percent of existing affected facility each year to accommodate increased in refinery production. We have assumed that a refinery would have the following affected facilities: 9 storage vessels, 11 process un its which are subject to leak detection and repair (LDAR) provisions, and 9 process vents. b This ICR uses the following labor rates: $107.63 per hour for Executive, Administrative, and Managerial labor; $93.41per hour for Technical labor, and $45.87 pe r hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 200 7, A Table 2. Civilian Workers, 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 We have assumed that the initial notifications and periodic reporting required by this rule for existing sources are already acc ounted for in existing NSPS and NESHAP regulations for equipment leaks, wastewater and storage tanks. However, this ICR addresses the additional burden for industry associated with addressing the rule requirements in the compliance report for all 134 respondent s. Startup, shutdown and malfunction reports are included with the semiannual reports. d We have assumed that all existing respondents over 3

- year term of ICR have complied with the rule initial monitoring, recordkeeping and reporting requirements on th eir existing units including: initial notifications; the design analysis and establishing operating parameters for storage vessels, LDAR initial requirements, and initial performance test for process vents routed to a control device (4 of 9 process vent s); and development of startup and malfunction plan and record system addressing each unit. However, respondents would have to comply with initial rule requirements for reconstruct ed units which are estimated to be 10 percent of all units (i.e., 0.9 stora ge vessels, 1.1 process units and 0.4 process vent control devices).
e The rule requires that sources meet specific periodic requirements including: monitoring of storage vessels annually, LDAR mo nitoring of process units daily, and monthly monitorin g of process vents, recording of process parameters and monitoring results, and submittal of periodic semiannual compliance r eports addressing each affected facility and of performance test results. The startup, shutdown and malfunction reports are includ ed in the next periodic report. f Notifications related to construction/reconstruction and periodic reporting of existing sources are accounted for in existing NSPS and NESHAP regulations for equipment leaks, wastewater and storage tank. g We have assumed that sources have already the record system in place to monitor each existing operations, however, it will in curred in some burden for reconstructed affected facilities. h We have include the associated with sources recording data and tra nsmitting it to develop initial and semiannual reports. We h ave assumed that it takes respondents approximate one 3.5 hours (2 hrs of total is to transmit data) at each of the 9 storage vessels, 77 hours for equ ipment leaks (LDAR, 75 of total is to transm it data) at each of the 11 units, and 15 hours (based on the assumption that it takes 5 minutes at 350 days a year per contro l device to record data) for process vents at each of the 2 control devices to record and transmit data periodically. i We have assumed that existing sources would be providing an initial training to employees associated with new affected facilitie s, and that there will be periodic refresher training. N/A Not applicable.

### 26

**Table 2. Annual Burden and Cost to the Federal/Sta te Government:**  **NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC)** 

**Activity (A)**  **Hours per occurrence**  **(B)**

**Occurrences per plant per**  **year (C)** 

**Hours per plant**  **per year (AxB)**  **(D)**

**Plants 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** 

1. Initial Notifications: c

- Notification of reconstruction

- process vents d 1 0.4 0.4 134 53.6 2.7 5.4 2.597.14

- Notification of compliance status

- storage vessel e 1 0.9 0.9 134 120.6 6.0 12.0 5,835.70

- Notification of compliance status

- equipment leaks e 1 1.1 1.1 134 147.4 7.4 14.8 7,139.52

- Notification of compliance status

- process vents e 1 0.9 0.9 134 120.6 6.0 12.0 5,835.70

- Notification of performance test

- process vent control device e 1 0.4 0.4 134 53.6 2.7 5.4 2,597.14

- Notification of storage vessel inspection 1 0.9 0.9 134 120.6 6.0 12.0 5,835.70 2. Periodic Reports: f

- Review of startup, shutdown, malfunction reports N/A

- Semiannual parameter exceedance reports 4 2 8 134 1,072.0 53.6 107.2 51,900.88

- Annual tank inspection failure reports 4 1 4 134 536.0 26.8 53.6 25,950.44

- Semiannual compliance/LDAR reports 10 2 20 134 2,680 134.0 268.0 29,752.20 Subtotal 4,904.4 245.20 490.4 237,444.43 TOTAL 5,640 237,444

### 27

**Assumptions:**
a We have assumed that there are 134 existing petroleum refineries which are respondents over the 3

- year term of the ICR. We have further assumed that a refinery have the following affected facilities: 9 storage vessels, 11 process units which are subject to leak detection and repair (LDAR) provisions, and 9 process vents for which it would be required to do monitoring, recordkeeping and reporting. b This cost is based on the follow ing labor rates: Managerial rate of $58.18 (GS

- 13, Step 5, $36.36 + 60%), Technical rate of $43.17 (GS

- 12, Step 1, $26.98 + 60%), and Clerical rate of $23.36 (GS

- 6, Step 3, $14.60 + 60%). These rates are from the Office of Personnel Management (OPM) A 2007 General Schedule @ which excludes locality rates of pay.
c We have assumed that all existing respondents over 3

- year term of ICR have complied with the rule initial monitoring, recordkeeping and reporting requirements on their existing units including: initial notifications; the design analysis and establishing operating pa rameters for storage vessels, LDAR initial requirements, and initial performance test for process vents routed to a control device (4 of 9 process vents); and developme nt of record system. However, we have assumed that 10 percent of respondents(13.4) w o uld have to comply with initial rule requirements for reconstructed units. d The notification of reconstruction is only required for process vents controls. We have assumed 2 two process vent controls per respondent, and that 10 percent of process vent will be reconstructed and tested. Further, we assumed two notifications per test.
e The notification of compliance status would include performance test results, as required by the general provisions. f The rule requires that sources semiannual compliance reports addressing each affected facility subject to the rule. The star tup, shutdown and malfunction reports are to be submitted w ith the next semiannual reports N/A Not applicable.