### SUPPORTING STATEMENT

ENVIRONMENTAL PRO TECTION AGENCY

NESHAP FOR PETROLEUM REFINERI ES, CATALYTIC CRACKING UNITS,

CATALYTIC REFORMING UNITS AND SULFUR RECOVERY UNITS 40 CFR PART 63, SUBPART UUU

MAY 2014

1. Identification of th e Information Collection

1(a) Title of the Information collection

“National Emission Standards for Petroleu m Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units” (40 CFR part 63, subpart UUU). This is a revision of an existing information collecti on request (ICR); the OMB Control Number is 2060-0554 and the EPA tracking number is 1844.07.

1(b) Short Charact erization/Abstract

This ICR covers information collection requi rements in the proposed amendments to the Petroleum Refineries, Catalytic Cracking Units, Ca talytic Reforming Units, and Sulfur Recovery Units NESHAP (40 CFR part 63, subpart UUU).

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Petroleum Refineries, Catalytic Cracking Units, Catalyti c Reforming Units, and Sulfur Recovery Units (40 CFR part 63, subpart UUU) were propos ed on September 11, 1998, promulgated on April 11, 2002, and amended on February 9, 2005. Th ese regulations apply to three types of affected sources at major source petroleum refine ries. The three affected sources are: the fluid catalytic cracking unit catalyst regeneration; the catalytic refo rming unit catalyst regeneration; and the sulfur recovery unit. Th e rule also includes requirements for by-pass lines associated

with the three affected sources. New facilities include those that commenced construction or

reconstruction after th e date of proposal.

The EPA is proposing to amend subpart UUU to revise the standards for fluid catalytic cracking units and clarify the requirements for sulfur recovery units. The potential respondents are owners or operators of any existing or new petroleum refinery facilities. There are an estimated 142 major source refinery facilities subject to the Petroleum Refineries Catalytic Cracking Units, Catalytic Reforming Units, and Su lfur Units NESHAP. Emi ssion points affected by the proposed amendments to subpart UUU ar e fluid catalytic cracking unit catalyst regeneration and sulfur recove ry units. Significant changes in clude more stringent emission limits and requirement of performance testing every 5 years for fluid catalytic cracking unit catalyst regeneration, and more st ringent emission limits and rule clarifications for sulfur recovery units. Other significant changes include new electronic repo rting requirements for performance test reporting and re vised monitoring requirements. An overarching change to all NESHAP regulations is a change in policy with regards to emission requi rements and associated monitoring, recordkeeping, a nd reporting during startup, shutdown, and malfunctions.

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This information is being co llected to assure compliance with 40 CFR part 63, subpart UUU. This ICR estimates burden for 142 major sour ce refineries to comply with the amended provisions for fluid catalytic cracking units and sulfur recovery units. 1 

### The reduction in burden as a result of electronic reporting is included in this ICR. The burden associated with startups, shutdowns, and malfunctions did not change.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under section 112 of th e 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 stan dards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum de gree of emission reduction. Section 112 also requires that the Administrator review and, if appr opriate, revise such sta ndards every 8 years. In addition, section 114(a) states th at the Administrator may require any owner/opera tor subject to any requirement of this Act to:

(A) Establish and maintain such re cords; (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 period s, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or ot her 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 Ad ministrator may reasonably require.

Certain records and reports are necessary for the Administrator to confirm the compliance status of sources subject to NE SHAP, identify any new or recons tructed sources subject to the standards, and confirm that the standards are being achieved on a continuous basis. These recordkeeping and reporting requirements are speci fically authorized by s ection 114 of the Clean Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP General Provisions. The recordkeeping and reporting requirements for title V permits are contained in 40 CFR 70.6 and 40 CFR 71.6. Under parts 63 and 70 or 71, the owner or operator must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.

1 The previous ICR for this subpart (EPA ICR Number 1844.04, OMB Control Number 2060-0554) included estimates of the monitoring, recordkeeping, and reporting burden for less than 1 refinery. No new or reconstructed facilities were expected over those 3 years. However, it wa s estimated that three affected emission source units had qualified for a compliance date extension and would be co mplying with the initial compliance requirements during the period of that ICR (one per year); and one affected facility (0.33 per year) would conduct a performance test due to a process/operating change.

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2(b) Practical Utilit y/Users of the Data

The information will be used by the delega ted authority (State agency, or Regional

Administrator if there is no de legated State agency) to ensure that the standards and other requirements are being achieved. Based on review of the recorded information at the site and the reported information, the delegated permitting authorit y can identify facilities that may not be in compliance and decide which facilities, reco rds, or processes may need inspection.

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

The requested recordkeeping and reporting are required under 40 CFR part 63, subpart

UUU.

3(a) Non-duplication

For notifications and reporting not required to be submitted electronically, if the subject standards have not been delega ted, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegate d state or local agency. If a state or local agency has adopted its ow n 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 re port required by the Fe deral standards. Therefore, no duplication

exists.

3(b) Public Notice Required Pr ior to ICR Submission to OMB

This section is not applicable because this is a rule-related ICR.

3(c) Consultations

The proposed amendments are based upon the data provided by each individual refinery in response to an EPA survey of the petroleum refinery industry in 2011 (d ata from calendar year 2010); these responses were compiled into a Petroleum Refinery Database. The proposed amendments were also developed in consultation with trade associations , including Matt Todd of the American Petroleum Institute (API) and David Freidman of the American Fuel and Petrochemical Manufacturers (AFPM). The assumpti ons made in the development of this ICR, including the estimate of the number of petrol eum refineries subject to the standard, were updated by reviewing the EPA’s Petroleum Refinery Database, as well as the Agency’s internal data sources, such as our own i ndustry experts and the Air Facility System (AFS), which is the EPA database for the collection, maintenance, and retrieval of a ll compliance data. The information in AFS is reported by industry as required in the recordkeeping and reporting provisions of the standard. AFS is operated a nd maintained by the EPA Office of Compliance. We have estimated that there are approximately 142 existing respondents s ubject to the standard, and no new sources will become subject to the st andard over the 3-year period covered by this

ICR.

The EPA will provide a 60-day public comment period after proposal of the amendments to subpart UUU. All affected parties will be given the opportunity to comment on the proposed

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amendments during this period. The EPA will cons ider all of the commen ts received and may incorporate them in developing the final amendments.

3(d) Effects of Less Frequent Collection

If the relevant information were collected less frequently, the delegated permitting authority (State or EPA) will not be reasonably as sured that a facility is in compliance with the

standards.

3(e) General Guidelines

None of the guidelines in 5 CFR 1320.5 are being exceeded.

3(f) Confidentiality

All information submitted to the Agency for wh ich a claim of confidentiality is made will be safeguarded according to the Agency policies se t forth in title 40, chap ter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

This section is not applicable because this ICR does not involve matters of a sensitive

nature.

4. The Respondents and the Information Requested

4(a) Respondents/NAICS Codes

The potential respondents to the recordkeeping and reporting requirements under subpart UUU are owners or operators of existing or ne w major source petroleum refineries. The North American Industry Classification System (NAICS) code is 32411 fo r petroleum refineries that operate catalytic cracking units, catalytic re forming units, or sulfur recovery units.

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is requ ired by the proposed amendments to NESHAP for Petroleum Refineries, Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units (40 CFR part 63, subpart UUU).

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A source must make the following reports:

Notification Reports

Notification of performan ce tests 63.7(a) and 63.9(e), 63.1574(a)(3)

Operation, maintenance, and monitoring plan 63.1574(f)

Reports

Semiannual compliance reports 63.10(e)(3), 63.1575(c), (g)

Performance test reports every 5 ye ars – electronic reporting 63.1571(a)(5), 63.1575(f), (k)

A source must keep the following records:

Recordkeeping

Maintain malfunction records 63.1576(a)(2)

Operation, maintenance, and monitoring plan 63.1576(e)

Emissions data 63.1576(a)(3), 63.1576(d), 63.10(d)

Monitoring data 63.1576(d)

Electronic Reporting. We are proposing electron ic reporting of performance test reports and CEMS performance evaluation data. Electronic reporting is common in environmental data collection, provides standardizati on of data reporting formats, and reduces reporting burden for the regulated community.

(ii) Respondent Activities

The respondent activities that will be requi red by the proposed amendments to subpart UUU include the following activities:

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS or emission monitoring for catalytic cracking units, catalytic reforming units, and sulfur recovery systems.

Perform performance test for fluid catalytic cr acking unit catalyst regeneration every 5 years, Reference Method 5, 5B or 5F (of appendix A to 40 CFR Part 60) test for PM, and repeat performance tests if necessary.

Write the performance test notifications.

Revise the operating, maintenance, and monitoring plan.

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Respondent Activities

Submit the required reports developing, acquirin g, installing, and uti lizing technology and systems for the purpose of collecting, validating, and verifying information.

5. The Information Collected: Agency Activi ties, Collection Methodology, and Information Management

5(a) Agency Activities

The 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 repor ts every 5 years for catalytic cracking unit catalyst regeneration, re quired to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

5(b) Collection Methodology and Management

Performance test reports are used by the Agency to discern a source’s capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in complian ce and enforcement programs. The semiannual compliance reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Some of the information contained in the repo rts is entered into AFS, which is operated and maintained by the EPA’s Office of Compliance and Enforcement. AFS is the EPA’s database for the collection, maintenance, a nd retrieval of complia nce and annual emission inventory data for over 100,000 industrial and gove rnment-owned facilities. The data entered into AFS is focused on compliance inspections, enforcement actions, and issuance of permits. The EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. The EPA and its delegated authorities can edit, store, re trieve and analyze the data.

As part of the proposed revisions to this ru le, all data that are required to be reported electronically will be collected through the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI), which is part of the EPA’s Central Data Exchange. The data collected via

CEDRI will be more extensive than the data co llected through AFS and will be visible to the public through WebFIRE.

The records required by this regulation must be retained by the owner or operator for 5 years.

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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. A small entity for petroleum refineries is defined as a firm having no more than 1,500 employees. The proposed amen dments would not result in any adverse impacts on a substantial number of small entit ies in the Petroleum Refining Source Category. The proposed amendments would not create an y new requirements or burdens for existing sources other than minimal notification requirements, and for some facilities, performance testing requirements.

5(d) Collection Schedule

The specific frequency for each information co llection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost: Proposed Amendments to NESHAP for Petroleum Refineries, Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units ( 40 CFR Part 63, Subpart UUU).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of indivi dual burdens for the proposed recordkeeping and reporting requirements applicable to the industry fo r each of the subpart s included in this

ICR. The individual burdens are ex pressed under standardized headi ngs believed to be consistent with the concept of burden under the Paperwor k 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, a nd a person is not required to respond to, a collection of information unless it displa ys a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over th e next 3 years from these recordkeeping and reporting requirements is estimated to be 2,860 (Total Labor Hours from Table 1). The recordkeeping hours shown below in Table 1 are 0. The reporting requirement hours shown below in Table 1 are 2,860. These hours are base d on Agency studies and background documents from the development of the regulation a nd Agency knowledge and experience with the NESHAP program. The average annual burden ov er the next 3 years was estimated assuming

one-third of all facilitie s would comply each year.

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6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates:

Managerial $130.26 ($62.03 + 110%) Technical $84.95 ($40.45 + 110%) Clerical $41.18 ($19.61 + 110%)

Labor rates and associated costs are based on the Bureau of Labor Statistics (BLS) data. Technical, management, and clerical average ho urly rates for private industry workers were taken from the Occupational Employment Statis tics: NAICS 324 (Petroleum and Coal Products Manufacturing), May 2009 Employment and Wage Es timates. These BLS rates represent salaries plus fringe benefits and do not include the co st of overhead. The rates have been increased by 110 percent to account for the benefit packages av ailable to those employed by private industry.

(ii) Estimating Capital and Op eration and Maintenance Costs

The type of industry costs associated with the information collect ion activities in the subject standards are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.

The capital costs are one-time costs for a f acility subject to the regulation. There are no capital costs associated with the informa tion collection requirements of the proposed amendments to subpart UUU.

An annual operation and maintenance cost for this subpart includes performance testing. The proposed amendments do require an estimate d 99 facilities to conduc t periodic performance testing every 5 years for catalytic cracking unit ca talyst regeneration (116 FCCUs). In the 3 years following promulgation, this is estimated to cost an average of $355,733 per year ($9,200 per FCCU for EPA Method 5 performance te st × 116 FCCUs / 3 years = $355,733/yr). 2



### (iii) Annualizing Capital Costs

There are no annualized capital costs asso ciated with the information collection requirements of the proposed amendments.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with anal ysis of the reported information. The EPA compliance and enforcemen t program includes activities such as: the

2 The proposed amendments would require the first performance test for each FCCU to be conducted no later than 3 years and 180 days after promulgation. The proposed ame ndments would consider a pe rformance test conducted a year and a half before promulgation as meeting this requ irement; however, for purposes of this ICR, it is assumed that performance tests will be conducted for all 116 FCCU in the three years following promulgation. After the compliance date, it is assumed that facilities will conduct performance testing for approximately 23.2 FCCUs each year (116 FCCUs / 5 y ears = 23.2 FCCUs/yr).

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review examination of records maintained by the respondents; periodic in spection of sources of emissions; and the publication and dist ribution of collected information.

The average annual Agency cost during the 3 years of the ICR is estimated to be $7,386 (see Table 2 below.)

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

Managerial $61.36 (GS-13, Step 5, $38.35 + 60%) Technical $45.52 (GS-12, Step 1, $28.45 + 60%) Clerical $24.64 (GS-6, Step 3, $15.40 + 60%)

These rates are from the Office of Personnel Management (OPM) 2009 General Schedule, which excludes locality rates of pay. The rates have b een increased by 60 percent to account for the benefit packages available to government employees.

6(d) Estimating the Respondent Un iverse and Total Burden and Costs

There are currently 142 major source refineries in the United States a nd no new refineries are expected to be built during the next 3-year period. It is estimated that no additional respondents per year will become subject to the standard. The overall average number of respondents per year subject to th is standard is calculated using the following table that addresses the 3 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 a (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 47.3 0 0 47.3

2 0 94.7 0 0 94.7

3 0 142 0 0 142

Average 0 94.7 0 0 94.7

a New respondents include sources with constructed, reconstructed, and modi fied affected facilities.



### Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over th e 3-year period of this ICR is 94.7.

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The total number of annual re sponses per year is calculate d 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=(B×C)+D

Notification of performance test 33.7 a 1.15 b 0 38.8

Operation, maintenance, and monitoring plan 33.7 c 1 0 33.7

Performance test reports 33.7 a 1.15 b 0 38.8

Total 111

a There are 101 facilities with FCCUs, conducting a performance test ev ery 5 years. In the 3 years following promulgation, 101 facilities will test their FCCU s, so there are 33.7 respondents per year, i.e. , 101 fac / 3 years = 33.7 fac/yr that respond.

b There are approximately 116 FCCUs at 101 facilities, so each facility would report 1.15 responses per year, i.e.

, 116 FCCUs / 101 facilities = 1.15 FCCUs/facility.

c Assumed 101 facilities must revise the operation, maintenance, and monitoring (OMM) Plan due to monitoring requirement changes for FCCUs (there are 116 FCCUs at 101 facilities in the source cat egory); we assumed that one-third of facilities comply in each of the 3 years followi ng promulgation, so that 33.7 facilities will revise the plan each year.



### The number of Total Annual Responses is 111 (rounded) (38.8 annual responses for the notification of performance te st, 33.7 annual responses for th e operation, maintenance, and monitoring plan, and 38.8 annual responses for th e performance test reports). The total annual labor costs are $238,000 (rounded). Details regardi ng these estimates may be found below in Table 1: Annual Respondent Burden and Co st: Proposed Amendments to NESHAP for Petroleum Refineries, Catalytic Cracking Units, Ca talytic Reforming Units, and Sulfur Recovery Units (40 CFR Part 63, Subpart UUU) .

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 bottom line respondent burden hours and cost s, presented in Table 1, are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. The averag e annual burden for the recordkeeping and reporting requirements in the proposed amendments to subpart UUU for the 142 major source facilities that are subject is 2,860 person-hours, with an annua l average cost of $237,666. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost: Proposed Amendments to NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU).

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There are no annual capital co sts associated with the propos ed amendments; the operation and maintenance costs associated with the proposed amendments include performance testing costs for the regulated entity of $355,733 per year. The cost calculations are detailed in Section 6(b)(ii), Capital vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next 3 years is estimated to be 166 labor hours (rounded) at a cost of $7,390 (rounded). See below Table 2: Annual Agency Burden and Cost: Proposed Amendments to NESHAP fo r Petroleum Refineries , Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur R ecovery Units (40 CFR Part 63, Subpart UUU) .

6(f) Reasons for Change in Burden

The change in burden estimate reflects th e additional requirements of the proposed amendments to 40 CFR part 63, subpart UUU.

6(g) Burden Statement

The average annual respondent burden for the proposed amendments for subpart UUU is estimated at 2,860 hours. Burden means the total ti me, effort, or financial resources expended by persons to generate, maintain, retain, or disclo se or provide informati on 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 colle cting, validating, and verifying information, processing and maintaining information, and disc losing and providing information; adjust the existing ways to comply with any previously ap plicable instructions and requirements; train personnel to be able to respond to a collection of information; s earch data sources; complete and review the collection of information; and tran smit or otherwise disc lose the information.

An agency may not conduct or sponsor, a nd 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, the EP A has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2010-0682, wh ich is available for on-line viewing at www.regulations.gov, or in person viewing at the Air and Radiation Docket and Information

Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, ex cluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and th e telephone number for the Air and Radiation Docket and Information Center is (202) 566-1742. An electronic version of the public docket is available at www.regulati ons.gov. This site can be used to submit or view public comments, access the index listing of the contents of the publ ic 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 above. Al so, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW,

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Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2010-0682 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no stat istical methods were used in collecting this

information.13Table 1. Annual Respondent Burden and Cost: Proposed Amendments to NESHAP for Petroleum Refineries, CatalyticCracking Units, Catalytic Reforming Units, andSulfur Recovery Units (40 CFR Part 63, Subpart UUU)Burden item(A)(B)(C) (D) (E) (F) (G) (H)Personhours peroccurrenceNo. ofoccurrencesper respondentper yearPersonhours perrespondentper yearRespondentsper yearaTechnicalpersonhours peryearManagementperson-hoursper yearClericalpersonhours peryearCost,$b(C=A×B)(E=C×D) (E×0.05) (E×0.1)1. ApplicationsN/A2. Survey and StudiesN/A3. Acquisition, Installation, andUtilization of Technology andSystems401400000$04. Reporting RequirementsA. Read instructionsc212 94.7 189.3 9.5 18.9 $18,096B. Required activitiesInitial Performance testd401400000$0Performance test (internal)e40140 38.7 1546.7 77.3 154.7 $147,825Operating, maintenance, andmonitoring planf20120 33.7 673.3 33.7 67.3 $64,355C. Create informationSee 4BD. Gather existing informationSee 4BE. Write reportNotification ofconstruction/reconstructiond2120000$0Notification of actual startupd2120000$0Notification of special compliancerequirementsN/ANotification of performance teste212 38.7 77.3 3.9 7.7 $7,391Notification of compliance Statusd4140000$0Extended compliance requestN/AReport of performance testSee 4BSemiannual compliance reportsg10.0220.0 0000$0Annual report000.00000$014Burden item(A)(B)(C) (D) (E) (F) (G) (H)Personhours peroccurrenceNo. ofoccurrencesper respondentper yearPersonhours perrespondentper yearRespondentsper yearaTechnicalpersonhours peryearManagementperson-hoursper yearClericalpersonhours peryearCost,$b(C=A×B)(E=C×D) (E×0.05) (E×0.1)5. Recordkeeping RequirementsA. Read instructionsSee 4AB. Plan activitiesSee 4BC. Implement activitiesSee 4BD. Develop record systemdN/AE. Time to enter informationRecords of operationsh152520000$0F. Time to train personneli41400 0.0 0.0$0G. Time to adjust existing ways tocomply with previously applicablerequirementsdN/AH. Time to transmit or discloseInformationj0.2520.500 0.0 0.0$0I. Time for auditsN/ASubtotal Labor Burden2,487 124 249$237,6662,860TOTAL ANNUAL NUMBER OFRESPONSES111ANNUAL CAPITAL COSTSNAPerformance Tests (outsourced)k$355,733OPERATION ANDMAINTENANCE COSTSNATOTAL LABOR BURDEN ANDCOST$593,400Assumptions:aWe have determined that there are 142 major petroleum refineries that have one or more affected facilities subject to the standard. No new or reconstructedfacilities are expected over the next 3 years. We assumed that approximately one-third of facilities would comply with the amended rule in each of the 3 yearsfollowing promulgation, so that 47.3 facilities would comply and be subject the first year, 94.7 facilities would be subject the second year, and 142 facilitieswould be subject the third year. We assumed costs based on the second year, with 94.7 facilities subject to the rule.15bThis ICR uses the following labor rates: $130.26 per hour for Executive, Administrative, and Managerial labor; $84.95 per hourfor Technical labor, and $41.18per hour for Clerical labor. These rates arefrom the United States Department of Labor, Bureau of Labor Statistics, May 2009.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.cAssumed 142 facilities have to read the amended UUU rule. Assumed costs based on the second year, with 94.7 facilities subjectto the rule.dAssumed that this activity has already occurred for existing sources.eThe proposed rule requires FCCU to conductEPA Reference Method (M5) PM testing every 5 years. There are 116 FCCUs that will test over the 3 years afterpromulgation, so each year, approximately 38.7 performance tests will be conducted (116 FCCUs / 3 years = 38.7 FCCU/yr).fAssumed approximately 101 facilities must revise the OMM Plan due to monitoring requirement changes for FCCUs (there are 116 FCCUs at 101 facilities inthe source category); we assumed that one-third of facilities comply in each of the 3 years following promulgation, so that 33.7 facilities will revise the plan eachyear. Assumed 40 hr for initial OMM Plan, and assumedhalf that time to revise the OMM Plan (20 hr).gAssumed all facilities submit semiannual compliance reports, however,this requirement is alreadyin the rule and no changes to this requirement are made inthe current rule action.hAssumed it requires facilities 1 hour to record data per week(52 weeks), and all facilities would record; however this requirement is already inthe rule and nochanges to this requirement are made in the current rule action.iAssumed it requires facilities 4 hours to conduct training onetime each year and that all facilities would conduct; however this requirement is already in the ruleand no changes to this requirement are made in the current rule action.jAssumed it requires facilities 15 minutes totransmit information semiannually and that all facilities would submit each year;however, this requirement isalready in the rule and no changes to this requirement are made in the current rule action.kAssumed that an EPA Reference Method 5 (M5) performance test would cost approximately $9,200, and 38.7 performance tests wouldbe conducted each yearin the 3 years following promulgation. After the compliance date (i.e., beginning in the fourth year following promulgation), 23.2 performance tests would beconducted each year (one-fifth of the total number of FCCU), and performance testing is estimated to cost an average of $213,440 per year.16Table 2. Annual Burden and Cost to the Federal/State Government: Proposed Amendments to NESHAP for PetroleumRefineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU)Activity(A) (B) (C) (D)(E)(F) (G)Hours peroccurrenceHours perplant per yearPlants peryearTechnicalperson-hoursper yearManagementperson-hoursper yearClericalperson- hoursper year Cost,$a(E=B×C) (D×0.05) (D×0.1)Report ReviewNotification of construction/reconstruction N/ANotification of actual startupN/ANotification of special compliancerequirementsN/ANotification of initial performance testbNANotification of performance testc2238.7 77.33.97.7$3,948Notification of compliance status2200.00.00.0$0Review of operation, maintenance, andmonitoring pland2233.7 67.33.46.7$3,438Review of repeat performance test report 8800.00.00.0$0Review of compliance reportN/AReview of semiannual compliance reportse2400.00.00.0$0Review of NESHAP waiver application 4400.00.00.0$0Subtotal Labor Burden145714$7,386TOTAL LABOR BURDEN AND COST166$7,386Assumptions:aThis ICR uses the following labor rates: Managerial rate of $61.36 per hour (GS-13, Step 5, $38.35 + 60%); Technical rate of $45.52 per hour (GS-12, Step 1,$28.45 + 60%); and Clerical rate of $24.64 per hour (GS-6, Step 3, $15.40 + 60%). These rates are from the Office of PersonnelManagement (OPM) 2009General Schedule, which excludes locality rates of pay.bAssumed that this activity has already occurred for existing sources.cThe proposed rule requires facilities to conduct EPA Reference Method (M5) PM testingfor FCCUs every 5 years. There are 116 FCCUs that will test in the 3years after promulgation, so each year, approximately 38.7 performance tests will be conducted (116 FCCUs / 3 years = 38.7 FCCU/yr).dAssumed approximately 101 facilities must revise the OMM Plan due to monitoring requirement changes for FCCUs (there are 116 FCCUs at 101 facilities inthe source category); we assumed that one-third of facilities comply in each of the 3 years following promulgation, so that 33.7 facilities will revise the plan eachyear. Assumed 2 hr for review of the OMM Plan.eWe have determined that there are 142 major petroleum refineries that have one or more affected facilities subject to the standard. No new or reconstructedfacilities are expected over the next 3 years.For the current burden estimate, however, we note that this requirement is already in the rule and no changes to thisrequirement are made in the current rule action.