SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal), 

EPA ICR Number 1541.11, OMB Control Number 2060-0183.

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Benzene 

Waste Operations were proposed on September 14, 1989, promulgated on March 7, 1990, and 

amended on December 4, 2003. These regulations apply to existing and new facilities that 

generate waste containing benzene, such as chemical manufacturing plants, coke by-product 

recovery plants, petroleum refineries, and those owners and operators of hazardous waste 

treatment, storage, and disposal facilities (TSDF) that receive wastes from the above facilities. 

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

proposal. This information is being collected to assure compliance with 40 CFR Part 61, Subpart 

FF.

In general, all NESHAP standards require initial notification reports, performance tests, 

and periodic reports by the owners/operators of the affected facilities. They are also required to 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the 

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

inoperative. These notifications, reports, and records are essential in determining compliance, 

and are required of all affected facilities subject to NESHAP. 

Any owner/operator subject to the provisions of this part shall maintain a file of these 

measurements, and retain the file for at least two 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 U.S.

Environmental Protection Agency (EPA) regional office.

All of the benzene waste facilities in the United States are owned and operated by private, 

for-profit businesses (the “Affected Public”). None of these facilities in the United States are 

owned by either state, or local, or tribal entities or by the Federal government. The “burden” to 

the Affected Public may be found below in Table 1: Annual Respondent Burden and Cost –

NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal). The Federal 

Government “burden” is attributed entirely to work performed by either Federal employees or 

government contractors and can be found below in Table 2: Average Annual EPA Burden and 

Cost – NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal). 

Based on our consultations with industry representatives, there is an average of one
2

affected facility at each plant site and that each plant site has only one respondent (i.e., the 

owner/operator of the plant site).

Over the next three years, approximately 270 respondents per year will be subject to 

these standards, and no additional respondents per year will become subject to the standard. 

Of the 270 sources, we estimate 135 sources have a total annual benzene (TAB) waste quantity 

greater than 10 MG/yr. 

The Office of Management and Budget (OMB) approved the currently active ICR 

without any “Terms of Clearance.”

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish 

standards of performance for each category or subcategory of major sources and area sources of 

hazardous air pollutants. 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, 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, benzene emissions from benzene waste operations either 

cause or contribute to air pollution that may reasonably be anticipated to endanger public health 

and/or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR 

Part 61, Subpart FF.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in these standards ensure compliance with 

the applicable regulations which were promulgated in accordance with the Clean Air Act. The 

collected information is also used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial 
3

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

ensure compliance with these standards 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 compliance in place of a continuous emission monitor. 

The notifications required in these standards 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, leaks are being detected and repaired, and the standard are being met. 

The performance test may also be observed.

The required annual reports are used to determine periods of excess emissions, identify

problems at the facility, verify operation/maintenance procedures and for compliance 

determinations.

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

The requested recordkeeping and reporting are required under 40 CFR Part 61, Subpart

FF.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated 

state or local agency. If a state or local agency has adopted 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, 

duplication does not exist.

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register (79 FR 30117) on Mary 27, 2014. No comments were received on the 

burden published in the Federal Register.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the 

number of affected facilities and industry growth over the next three years. The primary source 

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

provisions in the standard is the Integrated Compliance Information System (ICIS), which is 

operated and maintained by EPA’s Office of Compliance. ICIS is EPA’s database for the 

collection, maintenance, and retrieval of all compliance data. 

Industry trade associations and other interested parties were provided an opportunity to 

comment on the burden associated with the standard as it was being developed. In developing 
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this ICR, we contacted Sage Environmental Consulting, at (866) 234-5768, and the American 

Fuel & Petrochemical Manufacturers (AFPM), at (202) 457-0480. 

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

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

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

facilities are continuing to meet the standards. Requirements for information gathering and 

recordkeeping are useful techniques to ensure that good operation and maintenance practices are 

applied and emission limitations are met. If the information required by these standards was 

collected less frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made 

will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, 

subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, 

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 

1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in these standards do not include sensitive 

questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are facilities with 

benzene waste operations. The United States Standard Industrial Classification (SIC) codes for 

the respondents affected by the standards, and their corresponding North American Industry

Classification System (NAICS) codes are listed below: 

Standard (40 CFR Part 61, 

Subpart FF)

SIC Codes NAICS Codes
5

Chemical Products Manufacturing

2812, 2813, 2816, 2819, 2821, 

2822, 2823, 2824, 2833, 2834, 

2835, 2836, 2841, 2842, 2843, 

2844, 2851, 2861, 2865, 2869, 

2873, 2874, 2875, 2879, 2891, 

2892, 2893, 2895, 2899, 3087, 

3861, 3952, 3999, 7389

325

Plastic Product Manufacturing

2671, 2673, 3069, 3081, 3082, 

3083, 3084, 3085, 3086, 3088, 

3089, 3996, 3999

3261

Petroleum Refineries 2911 32411

Integrated Iron and Steel Mills 3312, 3399 331111

Remediation Services 1799, 4959 56291

All Other Miscellaneous Waste 

Management Services 4959, 7699 562998

Administration of Air and Water 

Resource and Solid Waste 

Management Programs

9511 92411

4(b) Information Requested

(i) Data Items

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

Benzene Waste Operations (40 CFR Part 61, Subpart FF). 

A source must make the following reports:

Notifications/Reports

Notification and application of construction or modification. 61.07

Notification of anticipated date of initial startup. 61.09(a)(1)

Notification of actual startup. 61.09(a)(2)

Source reporting and request for waiver of compliance 61.10

Emission test and waiver of emission tests for flares and some waste 

incinerators 61.13

Initial performance test results 61.13(f)

Initial performance test 61.13(c)

Demonstration of continuous monitoring system 61.354(c)
6

Notifications/Reports

Notification of physical or operational change which may increase the 

emission rate. 61.15

Report that summarizes the regulatory status of each waste stream that 

contain benzene 61.357(a)

Initial certification of necessary equipment and inspection tests 61.357(d)(1)

Annual certification of benzene waste streams, benzene concentration, 

and benzene quantity determination 61.357(b), (c), (d)(2)

Notification of election to comply with alternative requirements and 

certification of benzene waste streams, benzene concentration, and 

benzene quantity determination

61.357(d)(4-5)

Quarterly reports certifying required inspections 61.357(d)(6)

Quarterly reports when monitored parameters are exceeded 61.357(d)(7)

Initial and quarterly reports of inspections during which detectable 

emissions or a problem is identified 61.357(d)(8)

Notification of election to comply with standard 61.357(e)

Initial and quarterly reports identifying all seal gap measurements that 

are outside limits 61.357(g)

A source must keep the following records:

Recordkeeping

Monitoring requirements 61.14

Monitoring of operation of treatment process or wastewater treatment 61.354 (a), (b)

Monitoring of alternative operational or process parameters 61.354(e)

Monitoring of affected facilities 61.343-349

Startup, shutdowns, malfunctions, periods where the continuous 

monitoring system is inoperative 61.356(i), (j)

Emission test results and other data needed to determine emissions 61.13(g)

Records of off-site shipment of waste 61.356(c)

Records of control equipment engineering design 61.356(d)

Records of engineering calculations, operating conditions, and 

performance tests 61.356(e)

Records of detectable emissions from closed vent systems and control 61.356(f)
7

Recordkeeping

devices

Records of location, date and corrective actions for problems found 

during visual inspections 61.356(g)

Records for each test of no detectable emissions 61.356(h)

Operational records for each control device, treatment process, and 

wastewater treatment system 61.356(i), (j)

Records are required to be retained for two years and they must be 

retained at the facility

61.356(a)

Measurements and determinations of annual waste quantity, water 

content, and benzene concentration 61.356(b)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must still evaluate the data, internal 

automation has significantly reduced the burden associated with monitoring and recordkeeping at 

a plant site.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid 

supply pressure for control device. 

Perform initial performance test, Reference Method 21 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 

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

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

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and 
8

Respondent Activities

providing information.

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, analysis, 

storage, and distribution of the required information:

Agency Activities

Review notifications and reports, including performance test reports, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in Enforcement and Compliance History Online (ECHO) 

and ICIS. 

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 properly installed and operated. 

Performance test reports are used by the Agency to discern a source’s initial capability to comply 

with the emission standard, and note the operating conditions under which compliance was 

achieved. Data and records maintained by the respondents are tabulated and published for use in 

compliance and enforcement programs. The annual reports are used for problem identification, 

as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is reported by state and local governments in the 

ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is 

EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial 

and government-owned facilities. EPA uses ICIS for tracking air pollution compliance and 

enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. 

EPA and its delegated authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for two
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years.

5(c) Small Entity Flexibility

A majority of the respondents are large entities (i.e., large businesses). However, the 

impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. Due to technical considerations involving the process operations 

and the types of control equipment employed, the recordkeeping and reporting requirements are 

the same for both small and large entities. The Agency considers these to be the minimum 

requirements needed to ensure compliance and, therefore, cannot reduce them further for small 

entities. To the extent that larger businesses can use economies of scale to reduce their burden, 

the overall burden will be reduced.

5(d) Collection Schedule

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

shown below in Table 1: Annual Respondent Burden and Cost - NESHAP for Benzene Waste 

Operations (40 CFR Part 61, Subpart FF) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for the subpart included in this ICR. The 

individual burdens are expressed under standardized headings believed to be consistent with the 

concept of burden under the Paperwork Reduction Act. 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 over the next three years from these recordkeeping 

and reporting requirements is estimated to be 19,200 hours (Total Labor Hours from Table 1

below). These hours are based on Agency studies and background documents from the 

development of the regulation, Agency knowledge and experience with the NESHAP program, 

the previously- approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $129.93 ($61.87+ 110%) 

Technical $103.97 ($49.51 + 110%)
10

Clerical $51.79 ($24.66 + 110%)

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

2014, “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 only costs to the regulated industry resulting from information collection activities 

required by the subject standard are labor costs. There are no capital/startup and/or operation 

and maintenance costs.

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

The only type of industry costs associated with the information collection activity in the 

regulations are labor costs. There are no capital/startup and/or operation and maintenance costs.

6(c) Estimating Agency Burden and Cost

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

information. EPA's overall compliance and enforcement program includes activities such as 

the examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information. 

The average annual Agency cost during the three years of the ICR is estimated to be 

$70,700. 

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

Managerial $62.90 (GS-13, Step 5, $39.31 + 60%) 

Technical $46.67 (GS-12, Step 1, $29.17 + 60%)

Clerical $25.25 (GS-6, Step 3, $15.78 + 60%)

These rates are from the Office of Personnel Management (OPM), 2015 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 and Cost - NESHAP for Benzene 

Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

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

Based on our research for this ICR, on average over the next three years, approximately

270 existing respondents will be subject to these standards. It is estimated that no additional 

respondent per year will become subject. The overall average number of respondents, as shown 
11

in the table below, is 270 per year. 

The number of respondents is calculated using the following table that addresses the three 

years covered by this ICR: 

Number of Respondents

Respondents That Submit Reports Respondents That Do 

Not Submit Any Reports

Year

(A)

Number of New 

Respondents 1

(B)

Number of 

Existing 

Respondents

(C)

Number of Existing 

Respondents that keep 

records but do not 

submit reports

(D)

Number of 

Existing 

Respondents That 

Are Also New

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1

0 270 0 0 270

2

0 270 0 0 270

3

0 270 0 0 270

Average 0 270 0 0 270

1

New respondents include sources with constructed, reconstructed and modified affected facilities. Based on 

consultation with industry representative, EPA believes there was at least one facility that was currently undergoing 

permitting for construction during the previous ICR renewal period while several others have suspended operation. 

Therefore, EPA estimated that there is no net increase in the number of respondents.

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 270. 

The total number of annual responses per year is calculated using the following table: 

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(E)

Total Annual Responses

E=(BxC)+D

Annual report 270 1 0 270

Quarterly emission report 135 4 0 540

Notification of offsite facility 14 12 0 168
12

Total Annual Responses

Total 978

The number of Total Annual Responses is 978. 

The total annual labor costs are $1,930,000. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost - NESHAP for Benzene Waste 

Operations (40 CFR Part 61, Subpart FF) (Renewal).

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 below in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 19,200 hours at a cost of $1,930,000. Details regarding 

these estimates may be found below in Table 1: Annual Respondent Burden and Cost - NESHAP 

for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal). 

We assume that burdens for managerial tasks take 5% of the time required for technical 

tasks because the typical tasks for managers are to review and approve reports. Clerical burdens 

are assumed to take 10% of the time required for technical tasks because the typical duties of 

clerical staff are to proofread the reports, make copies and maintain records.

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 20 hours per response.

The total annual capital/startup and O&M costs to this regulated entity are $0. The cost 

calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance 

(O&M) Costs.

(ii) The Agency Tally

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

1,550 labor hours at a cost of $70,700. See below Table 2: Average Annual EPA Burden and 

Cost - NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical 

tasks because the typical tasks for managers are to review and approve reports. Clerical burdens 

are assumed to take 10% of the time required for technical tasks because the typical duties of 

clerical staff are to proofread the reports, make copies and maintain records.
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6(f) Reasons for Change in Burden

There is an adjustment increase in the respondent burden from the most recently

approved ICR. The increase is primarily attributed to correcting an entry error in the number of 

respondents that record monthly benzene waste concentration data under Table 1, labor item 

4(c)(ii). In addition, we have rounded all total values to 3 significant figures. 

There is also an adjustment increase in the number of responses due to a correction. The 

previous ICR did not account for quarterly emission reports and notifications of offsite facilities 

in calculating the number of responses. 

6(g) Burden Statement

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

is estimated to average 20 hours per response. Burden means the total time, effort, or financial 

resources expended by persons to generate, maintain, retain, or disclose or provide information 

to or for a Federal agency. This includes the time needed to review instructions; develop, 

acquire, install, and utilize technology and systems for the purposes of collecting, validating, and 

verifying information, processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously applicable instructions and 

requirements; train personnel to be able to respond to a collection of information; search data 

sources; complete and review the collection of information; and transmit or otherwise disclose 

the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a valid OMB Control Number. The OMB Control 

Numbers for EPA 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-2014-0046. An electronic version of the public docket is 

available at http://www.regulations.gov/, which may be used to obtain a copy of the draft 

collection of information, submit or view public comments, access the index listing of the 

contents of the docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” 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), WJC West, 

Room 3334, 1301 Constitution Ave., 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 is (202) 566-1752. Also, you can send comments to the Office of 

Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 

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

Number EPA-HQ-OECA-2014-0046 and OMB Control Number 2060-0183 in any
14

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 Benzene Waste Operations (40 CFR Part 61, Subpart FF) 

(Renewal)

Burden item

(A) 

Person hours 

per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C) 

Person 

hours per 

respondent 

per year 

(AxB)

(D) 

Respondents 

per year a

(E) 

Technical 

personhours per 

year (CxD)

(F) 

Management 

person hours 

per year 

(Ex0.05)

(G) 

Clerical 

person 

hours 

per year 

(Ex0.1)

(H) 

Total Cost 

Per year b

1. Applications N/A

2. Surveys and studies N/A

3. Reporting requirements

a. Familiarize with rule requirement See 3C

b. Required activities See 3C

c. Create information

i. Determine quantity of benzene in waste l

2 1 2 0 0 0 0 $0

ii. Initial waste determination l

2 1 2 0 0 0 0 $0

iii. Treatment performance evaluation l

2 1 2 0 0 0 0 $0

iv. Annual waste determination c, d 2 1 2 270 540 27 54 $62,448.57

v. Monthly treated waste analysis e, f 1 12 12 14 168 8.4 17 $19,428.44

vi. Treatment/control device monitoring See 4C

vii. Initial visual inspection l

2 1 2 0 0 0 0 $0

viii. Quarterly visual inspection g

2 4 8 135 1,080 54 108 $124,897.14

ix. Annual method 21 monitoring h

6 1 6 135 810 40.5 81 $93,672.86

d. Gather existing information See 3E

e. Write report

 New source

Notification of construction /reconstruction N/A

Notification of anticipated/actual startup N/A
16

Notification/report of performance test N/A

 Existing sources

Initial report N/A

Quarterly emission report 4 4 16 135 2,160 108 216 $249,794.28

Annual report 1 1 1 270 270 13.5 27 $31,224.29

Notification of offsite facility i

2 12 24 14 336 16.8 33.6 $38,856.89

Subtotal for Reporting Requirements 6,169 $620,322.46

4. Recordkeeping requirements

a. Familiarize with rule requirement See 3A

b. Plan activities See 4C

c. Implement activities

i. Filing and maintain records j

78 1 78 135 10,530 526.5 1,053 $1,217,747.12

ii. Concentration data (annual benzene 

quantity determination) k 0.5 12 6 121 726 36.3 72.6 $83,958.63

iii. Concentration data 0.5 12 6 14 84 4.2 8.4 $9,714.22

iv. Waste quantity data l

1 1 1 0 0 0 0 $0

d. Develop record system See 4C

e. Time to enter information See 4C

f. Train Personnel N/A

g. Audits N/A

Subtotal for Recordkeeping Requirements 13,041 $1,311,419.97

TOTAL LABOR BURDEN AND COST 

(rounded) m 19,200 $1,930,000

Capital and O&M Cost (see Section 6(b)(iii)): m$0

TOTAL COST: m$1,930,000

Assumptions:

a

 We have assumed that the average number of respondents that will be subject to this rule will be 270. There will be no additional new sources that will become 

subject to the rule over the three-year period of the ICR. It is estimated that 135 sources that have a total annual benzene (TAB) quantity waste between 1 Mg/yr 
17

and 10 Mg/yr must file an annual report. It is also estimated that 135 sources that have a TAB greater than 10 Mg/yr and have complied with the control 

requirements must file quarterly reports. 

b

 This ICR uses the following labor rates: $129.93 per hour for Executive, Administrative, and Managerial labor; $103.97 per hour for Technical labor, and 

$51.79

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2014, “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.

c

 We have assumed that it will take each respondent two hours once per year to create the annual waste determination. 

d

 We have assumed that all facilities above 1 Mg/yr must evaluate waste streams annually TAB report.

e

 We have assumed that it will take one hour each month for each respondents to create the monthly treated waste analysis information (0.5 hours for collection 

activities for all samples and 0.5 hours per sample for analysis for a total of 1 hour per sample).

f

 We have assumed that 90 percent of 135 sources (121) will monitor process parameters, and the remaining 10 percent (14) must conduct monthly sampling.

g

 We have assumed that 135 facilities that are expected to be greater than 10 Mg per year must comply with the quarterly visual inspection requirements.

h

 We have assumed that 135 respondents will each take six hours once per year to comply with the annual method 21 monitoring requirements.

i

 We have assumed that 10 percent of facilities (14) will choose to ship their waste offsite once a month for treatment.

j We have assumed that 135 respondents will take 78 hours once per year to comply with the record requirements.

k. We have assumed that 121 respondents will take 30 minutes twelve times per year to repeat the benzene quantity determination.

l

 We have assumed that this is a onetime only activity.

m Totals have been rounded to 3 significant values. Figures may not add exactly due to rounding.
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Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) 

(Renewal)

Burden item

(A) 

Person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C) 

Person 

hours per 

respondent 

per year 

(AxB)

(D) 

Respondents 

per year a

(E) 

Technical 

personhours per 

year 

(CxD)

(F) 

Management 

person hours 

per year 

(Ex0.05)

(G) 

Clerical 

person hours 

per year 

(Ex0.1)

(H) 

Total Cost Per 

year b

Initial performance tests N/A

Report Review N/A

New Plant

Notification of construction c

2 1 2 0 0 0 0 $0

Notification of anticipated startup N/A

Notification of actual startup N/A

Initial report N/A

Notification of performance test N/A

Existing Plants

Quarterly reports d

2 4 8 135 1,080 54 108 $56,527.20

Annual recertification 1 1 1 270 270 13.5 27 $14,131.80

TOTAL ANNUAL BURDEN AND COST f1,550 $70,700

Assumptions:

a

 We have assumed that the average number of respondents that will be subject to this rule will be 270 and there will be no additional new sources that will 

become subject to the rule over the three-year period of the ICR. It is estimated that 135 sources that have a total annual benzene (TAB) quantity waste between 1 

Mg/yr and 10 Mg/yr must file an annual report. It is also estimated that 135 sources that have a TAB greater than 10 Mg/yr and have complied with the control 

requirements must file quarterly reports.

b

 This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.90 for 

Managerial (GS-13, Step 5, $39.31 x 1.6), $46.67 for Technical (GS-12, Step 1, $29.17 x 1.6), and $25.25 Clerical (GS-6, Step 3, $15.78 x 1.6). These rates are 

from the Office of Personnel Management (OPM) “2015 General Schedule” which excludes locality rates of pay.
19

c

 We have assumed that this is a one-time activity for each new facility.

d

 We have assumed that 135 respondents will review quarterly reports.

e

 It is assumed that all respondents will take one hour each per year to review annual recertification.

f Totals have been rounded to 3 significant values. Figures may not add exactly due to rounding.