From: Shine, Brenda <Shine.Brenda@epa.gov> 

Sent: Monday, May 12, 2014 2:54 PM 

To: Cortney Higgins 

Cc: Lassiter, Penny 

Subject: Recordkeeping and reporting burden for Fenceline Monitoring 

Hi Cortney, 

Penny asked me to send you the reporting burden for fenceline monitoring. The information you 

need is on Table 2 of the supporting statement for MACT CC, which I have attached. See page 18. 

The recordkeeping burden is on Table 1, page 16. 

Let me know if you need anything else. 

<< Supporting-Statement_CC_May_2014.docx >> 
SUPPORTING STATEMENT 

ENVIRONMENTAL PROTECTION AGENCY 

NESHAP FOR HAZARDOUS AIR POLLUTANTS FROM PETROLEUM REFINERIES 

40 CFR PART 63, SUBPART CC 

MAY 2014 

1. Identification of the Information Collection 

1(a) Title of the Information collection 

“National Emission Standards for Petroleum Refineries” (40 CFR Part 63, Subpart CC). 

This is a revision of an existing information collection request (ICR); the OMB Control Number 

is 2060-0340 and the EPA tracking number is 1692.08. 

1(b) Short Characterization/Abstract 

The EPA is proposing to revise 40 CFR part 63, subpart CC as it applies to existing and 

new petroleum refining process units and emission points located at refineries that are major 

sources of hazardous air pollutants (HAP) emissions. Emission points affected by the revisions 

are miscellaneous process vents, storage vessels, and equipment leaks. There are new provisions 

for delayed coking unit vents and for fenceline monitoring, which include new recordkeeping 

and reporting requirements. There are also additional requirements and clarifications for storage 

vessels, which include revisions to the inspection, recordkeeping, and reporting requirements. In 

addition, electronic reporting is now required for fenceline monitoring and performance testing. 

An overarching change to all NESHAP regulations is a change in EPA policy with regards to 

emission requirements and associated monitoring, recordkeeping and reporting during startup, 

shutdown, and malfunctions. 

This information is being collected to assure compliance with 40 CFR part 63, subpart 

CC. The previous approved ICR for this subpart (1692.06) included estimates of the monitoring, 

recordkeeping, and reporting burden for 134 refineries, including process vents, storage vessels, 

and process units subject to leak detection and repair (LDAR). This ICR estimates burden due to 

proposed rule changes for 142 major source refineries for process vents, storage vessels, and 

process units subject to LDAR. This ICR also estimates the additional burden associated with the 

new fenceline monitoring requirements for the 142 major source refineries. The burden 

associated with startups, shutdowns and malfunctions did not change. The original ICR did not 

include burden estimates for wastewater operations or transfer operations because the 

recordkeeping and reporting requirements for these emission points are covered under other 

rules. This ICR also does not contain burden estimates for wastewater operations or transfer 

operations because there were no changes in the provisions for these emission points. 

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 
2 

air pollutants and shall require the maximum degree of emission reduction. Section 112 also 

requires that the Administrator review and, if appropriate, revise such standards every 8 years. In 

addition, section 114(a) states that the Administrator may require any owner or operator subject 

to any requirement of this Act to: 

(A) Establish and maintain such records; (B) make such reports; (C) 

install, use, and maintain such monitoring equipment, and use such 

audit procedures, or methods; (D) sample such emissions (in 

accordance with such procedures or methods, at such locations, at 

such intervals, during such periods, and in such manner as the 

Administrator shall prescribe); (E) keep records on control equipment 

parameters, production variables or other indirect data when direct 

monitoring of emissions is impractical; (F) submit compliance 

certifications in accordance with Section 114(a)(3); and (G) provide 

such other information as the Administrator may reasonably require. 

Certain records and reports are necessary for the Administrator to confirm the compliance 

status of sources subject to NESHAP, identify any new or reconstructed sources subject to the 

standards, and confirm that the standards are being achieved on a continuous basis. These 

recordkeeping and reporting requirements are specifically authorized by section 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. 

2(b) Practical Utility/Users of the Data 

The control of emissions of HAP from petroleum refineries requires not only the 

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 operation of the 

affected facilities. The subject standards are achieved by the capture 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 sources may use flares, carbon 

adsorbers, combustion devices (including incinerators, 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 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 regulations are being met. Performance 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. 

Reports are used for problem identification, as a check on source operation and 

maintenance, and for compliance determinations. The reporting frequency is semiannual except 
3 

for fenceline monitoring results, which would be reported quarterly. The EPA is proposing 

electronic reporting for fenceline monitoring and performance testing. 

The information generated by the monitoring, recordkeeping and reporting requirements 

described in this ICR is used by the Agency to ensure that sources affected by the NESHAP 

continue to operate the control equipment 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 requirements is also used for targeting inspections and is of sufficient quality to be 

used as evidence in court. 

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

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

subpart CC. 

3(a) Non-duplication 

For notifications and reporting not required to be submitted electronically, 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, no duplication 

exists. 

Some of the petroleum refinery facilities subject to subpart CC will also be subject to 

requirements under the following regulations: New Source Performance Standards (NSPS) 

subparts J, Ja, K, Ka, Kb, VV, and QQQ, NESHAP (part 61) subpart FF, and NESHAP (part 63) 

subparts G, H, J, R, Y, and UUU. The burden requested in this NESHAP does not duplicate any 

of the industry burden accounted for under those regulations. The applicability section of this 

NESHAP delineates requirements where there are overlapping rules. 

As stated in Section 1(b) of this ICR, the changes to this NESHAP do not affect the 

recordkeeping or reporting for marine vessel tank loading and unloading operations, bulk 

gasoline loading racks, and wastewater sources. Reporting and recordkeeping requirements for 

these sources are covered under other rules and are not duplicated in subpart CC. 

3(b) Public Notice Required Prior 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 (data 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 
4 

the American Petroleum Institute (API) and David Freidman of the American Fuel and 

Petrochemical Manufacturers (AFPM). The assumptions made in the development of this ICR, 

including the estimate of the number of petroleum 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 industry experts and the Air Facility System (AFS), which is the 

EPA database for the collection, maintenance, and retrieval of all compliance data. The 

information in AFS is reported by industry as required in the recordkeeping and reporting 

provisions of the standard. AFS is operated and maintained by the EPA Office of Compliance. 

We have estimated that there are approximately 142 existing respondents subject to the standard, 

and no new sources will become subject to the standard over the 3-year period covered by this 

ICR. The Petroleum Refinery Database also provided information on process unit counts and 

equipment counts (e.g., the number of delayed cokers and number of relief valves). 

The EPA will provide a 60-day public comment period after proposal of the amendments 

to subpart CC. All affected parties will be given the opportunity to comment on the proposed 

amendments during this period. The EPA will consider all of the comments received and may 

incorporate them in developing the final amendments. 

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 likelihood 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 5 years. This is consistent with the General Provisions in 40 CFR part 

63 subpart A as applied to the standards. The EPA believes that the 5-year records retention 

requirement is consistent with the Part 70 permit program and the 5-year statute of limitations on 

which the permit program is based. Also, the retention of records for 5 years would allow the 

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, the EPA has found that 

the most flagrant violators frequently have violations extending beyond the 5 years. The EPA 

would be prevented from pursuing the worst violators due to the destruction or nonexistence of 

records if records were retained for less than 5 years. 

3(f) Confidentiality 

All 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, 
5 

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 

CC are owners or operators of existing or new major source petroleum refineries that are major 

sources of HAP emissions. The North American Industry Classification System (NAICS) code is 

324110 for petroleum refineries. 

4(b) Information Requested 

(i) Data Items 

All data in this ICR that are recorded and/or reported are required by the proposed 

amendments to 40 CFR part 63, subpart CC - National Emission Standards for Hazardous Air 

Pollutants for Petroleum Refineries. 

A source must make the following reports: 

Notification Reports

Notification of compliance status for storage vessels, control device 

bypass valves, delayed cokers, and relief valves 

63.655(f), 

63.655(f)(1)(i), 

63.655(f)(1)(vii), 

63.655(f)(4) 

Notifications of inspections of storage vessels 63.655(h)(2) 

Reports 

Malfunction reports 63.655(g)(11) 

Semiannual reports for storage vessels, control device bypass valves, 

delayed cokers, relief valves, and flares 

63.655(g)(1) to (g)(5), 

63.655(g)(6)(iii), 

63.655(g)(10), 

63.655(g)(11) 

Quarterly reports for fenceline monitoring - electronic 63.655(h)(7) 
6 

A source must keep the following records: 

Recordkeeping 

Records of information in semiannual reports. 63.655(i) 

Records for storage vessels, control device bypass valves, delayed 

cokers, and flares. 

63.655(i)(1), 

63.655(i)(4), 

63.655(i)(7), 

63.655(i)(9) 

Records of occurrence of malfunction for process equipment, control 

equipment or monitoring equipment. Records of corrective actions 

taken during malfunction. 

63.655(i)(11) 

Fenceline monitoring records. 63.655(i)(8) 

Electronic Reporting. As part of the proposed changes to this rule, all performance test 

reports are required to be submitted electronically. The EPA believes that the standardization 

achieved through electronic reporting will reduce the burden both to industry and the Agency. In 

addition, fenceline monitoring reports will be submitted to the EPA’s Compliance and Emissions 

Data Reporting Interface (CEDRI) that is accessed through the EPA’s Central Data Exchange 

(CDX). All other reports will continue to be submitted as required currently. 

(ii) Respondent Activities 

The respondent activities that will be required by the proposed amendments to subpart 

CC include the following activities: 

Respondent Activities 

Read instructions. 

Install, calibrate, maintain, and operate continuous temperature monitors or other monitoring 

devices for HAP control devices. 

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 

providing information. 

Train personnel to be able to respond to a collection of information. 

Transmit, or otherwise disclose the information. 
7 

5. The Information Collected: Agency Activities, 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, periodic reports, and quarterly fenceline monitoring reports, 

required to be submitted by industry. 

Audit facility records. 

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

Input, analyze, and maintain data in the Compliance and Emissions Data Reporting Interface 

(CEDRI). 

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 obtained during periodic visits by Agency personnel 

from records maintained by the respondents are tabulated and published for internal Agency use 

in compliance and enforcement programs. The semiannual and annual 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 reports 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, and retrieval of compliance and annual emission 

inventory data for over 100,000 industrial and government-owned facilities. The data entered 

into AFS is focused on compliance inspections, enforcement actions, and issuance of permits. 

The EPA uses AFS for tracking air pollution compliance and enforcement by state and local 

regulatory agencies, EPA Regional Offices and EPA Headquarters. The EPA and its delegated 

authorities can edit, store, retrieve and analyze the data. 

As part of the proposed revisions to this rule, 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 collected 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. 
8 

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. 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 EPA considers these requirements 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 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: Proposed Amendments to 

NESHAP for Petroleum Refineries (40 CFR Part 63, Subpart CC). 

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 each year 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 3 years from these recordkeeping 

and reporting requirements is estimated to be 53,619 (Total Labor Hours from Table 1). The 

recordkeeping hours shown below in Table 1 are 51,627. The reporting requirement hours shown 

below in Table 1 are 1,992. These hours are based on Agency studies and background documents 

from the development of the regulation and Agency knowledge and experience with the 

NESHAP program, the previously approved ICR for this subpart, and any comments received on 

previous ICRs and regulations. The average annual burden over the next 3 years was estimated 

using the number of facilities that would be in compliance in year two (94.7), assuming one-third 

of all facilities would become compliant each year for 3 years. 
9 

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 hourly rates for private industry workers were 

taken from the Occupational Employment Statistics: NAICS 324 (Petroleum and Coal Products 

Manufacturing), May 2009 Employment and Wage Estimates. These BLS rates represent salaries 

plus fringe benefits and do not include the cost of overhead. The rates have been increased by 

110 percent to account for the benefit packages available to those employed by private industry. 

(ii) Estimating Capital and Operation and Maintenance Costs 

The capital/startup costs are one-time costs when a facility becomes subject to the revised 

portion of the standards or when a facility becomes subject to the standard as a result of 

reconstruction. (Capital costs due to reconstruction are not addressed in this ICR; only capital 

costs that are the result of rule changes are addressed here.) The capital costs include the costs 

for fenceline monitoring equipment, costs for flare monitoring equipment, and the cost for relief 

valve and bypass line monitoring equipment. The cost for delayed coker monitoring equipment 

(i.e., temperature and pressure monitors) are not included, as it is assumed that each coke drum 

already has at least one of those monitors as part of normal operation. 

The annual operation and maintenance costs are the ongoing costs to maintain monitors 

and other costs such as performance testing. For fenceline monitoring, costs will vary depending 

on the physical size (not capacity) of the refinery where a small refinery is less than 750 acres, a 

medium refinery is between 750 acres and 1,500 acres, and a large refinery is greater than 

1,500 acres. It was assumed that all refineries would use in-house labor to collect samples and 

would conduct sample analysis in-house. The operation and maintenance costs for this ICR are 

assumed to be 10 percent of the capital cost for fenceline monitoring equipment. 

There are 84 small refineries, 27 medium refineries and 31 large refineries, for a total of 

142 refineries. The total capital and annual operation and maintenance costs for fenceline 

monitoring for the 3-year initial compliance period are shown in the table below. The costs 

shown in the table are the totals for the 3-year period for all 142 major source refineries. 
10 

Capital vs. Operation and Maintenance (O&M) Costs for Fenceline Monitoring 

 (A) 

Capital Cost 

for One 

Affected 

Facility 

(B) 

Number of 

Affected 

Facilities 

(C) 

Total Capital 

Cost 

(A × B) 

(D) 

Annual O&M 

Costs for One 

Affected 

Facilitya

(E) 

Total Annual 

O&M Cost 

(D × B) 

Small $85,440 84 $7,177,000 $8,544 $717,700 

Medium $86,650 27 $2,340,000 $8,665 $234,000 

Large $88,270 31 $2,736,000 $8,827 $273,600 

TOTAL 142 $12,253,000 $1,225,600b

a

 Assumed to be 10 percent of capital cost. 

b

 Note: This cost does not match the O&M cost in Table 1 because this value represents the cost to all refineries, and 

the value in Table 1 represents the annual cost for the average number of refineries subject to subpart CC in the 

second year (94.7). 

There are 510 flares that would be subject to the flare monitoring requirements at the 

142 major source refineries. The total capital and annual operation and maintenance costs for 

flare monitoring for the 3-year initial compliance period are shown in the table below. The costs 

shown in the table are the totals for the 3-year period for all 142 major source refineries. 

Capital vs. Operation and Maintenance (O&M) Costs for Flare Monitoring

Monitoring Equipment 

or Material 

(A) 

Capital 

Cost for 

One 

Affected 

Flare 

(B) 

Number 

of 

Affected 

Flares 

 (C) 

Total Capital 

Cost 

(A × B) 

(D) 

Annual 

O&M Costs 

for One 

Affected 

Flare 

(E) 

Total Annual 

O&M Cost 

(D × B) 

Calorimeter $105,000 85 $8,925,000 $20,100 $1,708,500 

Steam Controls/Flow 

Monitor $684,000 190 $129,960,000 $59,730 $11,348,700 

Air Controls/ Flow Monitor $164,000 37 $6,068,000 $36,520 $1,351,240 

Average Natural Gas (NG) 

Costs per Flare to Meet 

NHVcz Targets 

$0 190 $0 $98,660 $18,745,400 

Steam Costs (Savings) per 

Flare for Steam Controls to 

Meet NHVcz Targets 

$0 190 $0 ($73,770) $(14,016,300) 

Engineering Calculation 

Costs $7,000 267 $1,869,000 $12,500 $3,337,500 

TOTAL 510 $146,822,000 $22,475,040 

For relief valves, it was estimated that the total capital cost to install a monitor on each 

relief valve is $9,540,000 for an estimated 10,700 relief valves over the next 3 years. It was also 
11 

assumed that there is one bypass line per refinery that would need a continuous flow monitor, 

and the cost of one flow monitor is estimated at $9,100, for a total capital cost of $1,292,200. 

(iii) Annualizing Capital Costs 

The annualized capital costs associated with the information collection requirements of 

the proposed amendments is $17,100,000 per year. Capital costs were annualized using a capital 

recovery factor (CRF) of 0.1424, representing an interest rate of 7 percent over a 10-year period, 

except that flare monitoring costs were annualized using a CRF of 0.094 representing an interest 

rate of 7 percent over 20 years. 

6(c) Estimating Agency Burden and Cost 

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

information. The EPA compliance and enforcement program includes activities such as: the 

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

emissions; and the publication and distribution of collected information. 

The average annual Agency cost during the 3 years of the ICR is estimated to be $65,244 

(see Table 2 below.) 

This cost is based on the average 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 been increased by 60 percent to account for the 

benefit packages available to government employees. Details upon which the Agency cost is 

based appear below in Table 2: Annual Burden and Cost to the Federal/State Government: 

Proposed Amendments to NESHAP for Petroleum Refineries (40 CFR Part 63, Subpart CC). 

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

There are currently 142 major source refineries in the United States and no new refineries 

are expected to be built during the next 3-year period. For the fenceline monitoring requirements, 

and the new monitoring requirements for relief valves, it was assumed that one-third of all 

refineries would come into compliance with requirements each year over the next 3 years. This 

means that by the end of year one, 47.3 refineries would be in compliance; by the end of year 

two, 94.7 refineries would be in compliance; and by the end of year three, all 142 refineries 

would be in compliance with the updated rule. Over the 3-year period, an average of 94.7 

refineries will be reporting under the new requirements ((47.3+94.7+142)/3). 
12 

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 modified affected facilities. 

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

average Number of Respondents over the 3-year period of this ICR is 94.7. 

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

Total Annual Responses 

(A) 

Information Collection Activity 

(B) 

Number of 

Respondentsa

(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 storage vessel 

inspectionsb 94.7 1 0 94.7 

Fenceline monitoring data 

transmissionc 94.7 2 0 189.3 

Notification of compliance statusd 47.3 2.7 0 126.3 

Notification of compliance statuse 94.7 3 0 284 

Semiannual reportsf 94.7 8.2 0 773.1 

 Total 1,467 

a

 There are 142 major source petroleum refineries that have one or more affected sources subject to the standard. No 

new or reconstructed facilities 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 years following 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 

facilities would be subject the third year. We assumed costs based on the second year, with 94.7 facilities subject 

to the rule. b

 113 new tanks will be subject to tank inspection requirements under subpart CC. c

 Semiannual reports required. 

d

 Notification of compliance status is a one-time response, so used number of facilities subject per year for storage 

vessels and delayed coking units. e

 Assumed that there are so many relief valves, bypass lines, and flares, that facilities will not bring all units into 

compliance in the same year. Instead, used number of facilities in the second year. f

 Semiannual reports are already required under subpart CC but additional information will be reported due to newly 

added requirements. 
13 

The number of Total Annual Responses is approximately 1,470. The total annual labor 

costs are approximately $4,460,000. Details regarding these estimates may be found below in 

Table 1: Annual Respondent Burden and Cost: Proposed Amendments to NESHAP for 

Petroleum Refineries (40 CFR Part 63, Subpart CC). 

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 costs, 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 average annual burden in the second year for the 

recordkeeping and reporting requirements in the proposed amendments to subpart CC for the 

142 facilities that are subject is 53,619 person-hours, with an annual average cost of 

approximately $4,460,000. Details regarding these estimates may be found below in Table 1: 

Annual Respondent Burden and Cost: Proposed Amendments to NESHAP for Petroleum 

Refineries (40 CFR Part 63, Subpart CC). 

The annualized capital costs associated with the proposed amendments are approximately 

$17,100,000. The operation and maintenance costs associated with the proposed amendments are 

approximately $23,700,000 for all facilities ($15,800,000 in the second year). The cost 

calculations are detailed in Section 6(b)(ii), Capital vs. Operation and Maintenance (O&M) Costs 

and 6(b)(iii), Annualizing Capital Cost. 

(ii) The Agency Tally 

The average annual Agency burden and cost over next 3 years is estimated to be 

1,470 labor hours at a cost of approximately $65,200. See below Table 2: Annual Burden and 

Cost to the Federal/State Government: Proposed Amendments to NESHAP for Petroleum 

Refineries (40 CFR Part 63, Subpart CC). 

6(f) Reasons for Change in Burden 

The change in burden estimate reflects the additional requirements of the proposed 

amendments to 40 CFR part 63, subpart CC. 

6(g) Burden Statement 

The average annual respondent burden for the proposed amendments for subpart CC is 

estimated at 53,619 hours. 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 
14 

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, the EPA has established a public docket for this ICR 

under Docket ID Number EPA-HQ-OAR-2010-0682, which 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, excluding legal holidays. The telephone number 

for the Reading Room is (202) 566-1744, and the 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.regulations.gov. This site can be used to submit or view public comments, 

access the index listing of the contents of the public 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. Also, you can send comments to the Office of 

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

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 statistical methods were used in collecting this 

information. 
15 

Table 1. Annual Respondent Burden and Cost: Proposed Amendments to NESHAP for Petroleum RefinerSubpart CC). 

Burden item 

(A) (B) (C) (D) (E) (F) 

Personhours per 

occurrence 

No. of 

occurrences 

per respondent 

per year 

Personhours per 

respondent 

per year 

Respondents 

per yeara

Technical 

personhours per 

year 

Management 

person-hours 

per year 

 (C=A×B) (E=C×D) (E×0.05) 

1. Applications N/A 2. Survey and Studies N/A 3. Acquisition, Installation, and Utilization of Technology and Systems N/A 4. Reporting Requirements A. Read Instructions 100 1 100 94.7 9,467 473 B. Required Activities 

Fenceline monitoring sample collection and analysis small facilityc 5.6 26 146 56.0 8,154 408 Fenceline monitoring sample collection and analysis medium facilityc

7.4 26 192 18.0 3,463 173 

Fenceline monitoring sample collection and analysis large facilityc 9.2 26 239 20.7 4,943 247 Storage vessel inspections variable variable 2.66 94.7 251 12.6 Flares 0.4 365 146 94.7 13,821 961 

C. Create information See 4B D. Gather existing information See 4B E. Write report 

Fenceline monitoring data transmission 2 2 4 94.7 379 18.9 Notification of compliance statusd

Storage vessels, delayed cokers 1 2.67 2.67 47.3 126 6.32 Relief valves, bypass lines, flares 1 3 3 94.7 284 14.2 
16 

Burden item 

(A) (B) (C) (D) (E) (F) 

Personhours per 

occurrence 

No. of 

occurrences 

per respondent 

per year 

Personhours per 

respondent 

per year 

Respondents 

per yeara

Technical 

personhours per 

year 

Management 

person-hours 

per year 

 (C=A×B) (E=C×D) (E×0.05) 

Notification of storage vessel inspection 0.5 1 0.5 94.7 47.3 2.37 Compliance reportse 3 2 6.1 98.6 600 30 

Storage vessels 0.00511 2 0.0102 94.7 0.967 0.0483 Relief valves 3.13 2 6.26 94.7 593 29.6 Bypass lines 0.075 2 0.15 94.7 14.2 0.710 Delayed cokers 0.25 0.167 0.0417 94.7 3.95 0.198 Flares 1.5 2 3 94.7 284 14.2 

5. Recordkeeping Requirements A. Read instructions See 4A B. Plan activities See 4A C. Implement activities See 4B D. Develop record system N/A E. Time to enter information 

Storage vessels variable variable 4.09 94.7 387 19.3 Relief valves 0.357 8.35 3.13 94.7 296 14.8 Bypass lines 0.355 0.211 0.075 94.7 7.10 0.355 Fenceline monitoring 0.5 26 13.0 94.7 1,231 61.5 Delayed cokers 0.0167 501 8.35 94.7 790 39.5 Flares 0.05 365 18.3 94.7 1,728 86.4 

F. Training 7.5 1 7.5 47.3 355 17.8 

 Subtotal Labor Burden 46,625 2,331 

53,619 

Annualized Capital Cost Operation and Maintenance Costsf TOTAL LABOR BURDEN AND COSTg

 
17 

a We have determined that 142 major source petroleum refineries currently operate in the US. No new or reconstructed facilities are exp

years. We assumed that approximately one-third of facilities would comply with the amended rule in each of the 3 years following pr

facilities would comply and be subject the first year, 94.7 facilities would be subject the second year, and 142 facilities would be subj

assumed costs based on the second year, with 94.7 facilities subject to the rule. 

b This ICR uses the following labor rates: $130.26 per hour for Executive, Administrative, and Managerial labor; $84.95 per hour for T

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, May 2009. The r

”Total compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed 

c These values are consistent with the Fenceline Monitoring Technical Support Document, located in Docket ID No. EPA-HQ-OAR-20d Notification of compliance status is a one-time response, so used number of facilities subject per year for storage vessels and delayed 

there are so many relief valves, bypass lines, and flares, that facilities will not bring all units into compliance in the same year. Insteain the second year. 

e These costs represent the additional burden associated with the amendments to subpart CC. These costs are in addition to the current c

compliance reporting. 

f The operating and maintenance cost of fenceline monitoring and flare monitoring in the second year. g The total labor burden and cost is the sum of the total labor cost, the annualized capital cost, and the operation and maintenance cost. 
18 

Table 2. Annual Burden and Cost to the Federal/State Government: Proposed Amendments to NESHAP f

Refineries (40 CFR Part 63, Subpart CC). 

Activity 

(A) (B) (C) (D) (E) 

Hours per 

occurrence 

Hours per 

plant per 

year 

Plants per 

year a

Technical 

person-hours 

per year 

Management 

person-hours 

per year 

pe

 (E=B×C) (D×0.05) 

Report Review 

Notification of compliance status – Storage vessels, delayed cokers 1 2 47.3 94.7 4.73 Notification of compliance status – Relief valves, bypass lines, flares 1 3 94.7 284 14.2 Semiannual reports – Storage 0.25 0.5 94.7 47.3 2.37 Semiannual reports – Relief valves 1 2 94.7 189 9.47 Semiannual reports – Bypass lines 0.25 0.5 94.7 47.3 2.37 Semiannual reports – Delayed cokers 0.25 0.5 94.7 47.3 2.37 Semiannual reports – Flares 2 4 94.7 379 18.9 Semiannual report for fenceline monitoring 1 2 94.7 189 9.47 

TOTAL LABOR BURDEN AND COST 1,470 Assumptions: a We have determined that 142 major source petroleum refineries currently operate in the US. No new or reconstructed facilities are exp

years. 

b This 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 

$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 Personnel ManGeneral Schedule, which excludes locality rates of pay.