SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63, 

Subpart EEEE) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart 

EEEE) (Renewal), EPA ICR Number 1963.05, OMB Control Number 2060-0539

1(b) Short Characterization/Abstract

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

Liquids Distribution (Non-Gasoline) Facilities were proposed on April 2, 2002, and promulgated 

on February 3, 2004. Amendments to the regulations were made on July 28, 2006, and July 17, 

2008. These regulations apply to the collection of activities and equipment at new and existing 

facilities used to distribute organic liquids into, out of, or within a major source plant site. 

Organic liquids distribution includes, but is not limited to, activities such as storage, transfer, 

blending, compounding, and packaging. Organic liquid means any non-crude oil liquid or liquid 

mixture that contains 5 percent by weight or greater of the organic HAP listed in Table 1 to this 

subpart, as determined using the procedures specified in Section 63.2354(c) and/or any crude oils 

downstream of the first point of custody transfer. 

Organic liquids, for purposes of this subpart, do not include the following liquids: 

gasoline (including aviation gasoline); kerosene (No. 1 distillate oil); diesel (No. 2 distillate oil); 

asphalt: heavier distillate and fuel oils; any fuel consumed or dispensed on the plant site directly 

to users (such as fuels for fleet refueling or for refueling marine vessels that support the 

operation of the plant; hazardous waste; wastewater; ballast water: or any non-crude oil liquid 

with an annual average true vapor pressure (TVP) less than 0.7 kilopascals (0.1 psia). 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 63, subpart EEEE.

In general, all NESHAP standards require initial notifications, performance tests, and 

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

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

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

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

and are required of all 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 five years following the date of such measurements, 

maintenance reports, and records. All reports are sent to the delegated state or local authority. 

In the event that there is no such delegated authority, the reports are sent directly to the U. S.

Environmental Protection Agency (EPA) regional office.
2

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

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

owner/operator of the plant site).

Over the next three years, an average of 381 respondents per year will be subject to the 

standard, and 12 additional respondents per year will become subject to the standard. The same 

numbers of facilities close or are no longer subject to the standards each year, so the overall 

growth rate of the industry is zero.

The active (previous) ICR had the following Terms of Clearance (TOC):

When this ICR is renewed, EPA should review the respondent burden, universe, 

labor rates, and capital costs and ensure these estimates have been updated.

EPA has addressed each item of concern in the TOC by conducting consultations with 

industry and updating all burden estimates with the latest labor rates. 

The burden to the “Affected Public” may be found below in Table 1: Annual Respondent 

Burden and Cost – NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 

CFR Part 63, Subpart EEEE) (Renewal). The “Federal Government” burden is attributed 

entirely to work performed by federal employees or government contractors and may be found

below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Organic Liquids 

Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (Renewal).

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); 
3

and (G) provide such other information as the Administrator may

reasonably require.

In the Administrator's judgment, hazardous air pollutant (HAP) emissions from the 

distribution of organic liquids 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 63, subpart EEEE.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with the 

applicable regulations which where 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 

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

ensure compliance with the standard 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 the standard 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 is being met. The 

performance test may also be observed.

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

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

determinations.

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

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

EEEE.

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.
4

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 (77 FR 63813) on October 17, 2012. No comments were received on the 

burden published in the Federal Register. 

3(c) Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data 

sources and projections of industry growth over the next three years have been considered. The 

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

reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is 

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

collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is 

based on our consultations with the Agency’s internal industry experts. 

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 and the standard 

has been reviewed previously to determine the minimum information needed for compliance 

purposes. In developing this ICR, we contacted: 1) the Dow Chemical Company, at (979) 238-

5418; and 2) the DuPont Company, at (302) 774-8043. The Dow Chemical Company indicated 

that EPA underestimated the burden required to prepare semiannual reports. Specifically, Dow 

estimated that its facilities spend four to ten hours for data gathering per process area, and that 

each facility has 20 process areas with organic liquid distribution activities. Therefore, the total 

number of hours required to prepare each semiannual report ranges from 80 to 200 hours. We 

have revised the estimate in this ICR in response to the consultation comments received. 

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. In this 

case, no comments were received.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

facilities are continuing to meet the standards. Requirements 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.
5

These standards require the respondents to maintain all records, including reports and 

notifications for at least five years. This is consistent with the General Provisions as applied to 

the standards. EPA believes that the five-year records retention requirement is consistent with

Part 70 permit program and the five-year statute of limitations on which the permit program is 

based. The retention of records for five years allows EPA to establish the compliance history of 

a source, any pattern of non-compliance and to determine the appropriate level of enforcement 

action. EPA has found that the most flagrant violators have violations extending beyond five 

years. In addition, EPA would be prevented from pursuing the violators due to the destruction or 

nonexistence of essential records.

3(f) Confidentiality

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

will be safeguarded according to 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 the standard 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 owner and 

operators of plant sites at which the distribution of organic liquids into, out of or within a major 

source plant site occur. The United States Standard Industrial Classification (SIC) codes for the 

respondents affected by the standards and corresponding North American Industry Classification 

System (NAICS) codes may be found in the following table.

Standard (40 CFR Part 63, Subpart EEEE) SIC Codes NAICS Codes

Chemical Production 2821, 2865, 2869 325211, 325192, 325188

Petroleum Refineries 2911 32411

Liquid Terminals 4226 49311, 49319

Crude oil pipeline stations 4612 48611

Petroleum terminals 5169, 5171 42269, 42271
6

4(b) Information Requested

(i) Data Items

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

Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE). 

A source must make the following reports:

Notifications/ Reports

Maintain copies of all submitted reports and notifications for five years 63.10(b), 63.2394(b) 

Initial notifications (including construction/reconstruction) 63.5, 63.9(b), 

63.2382(b)

Notification of actual date of startup 63.9(b)(4)(v)

Notification of performance test, test plan, and emission profile 63.7(b)-(c)(2), 

63.9(e),63.999(a)(1)

63.2382(c)

Notification of CEMS performance evaluation 63.8(e)(2), 63.9(g)

Notification of continuous parameter monitoring system (CPMS) 

performance evaluation

63.8(e)(2), 63.9(g)

Request for Extension of Compliance, if necessary and required 

progress reports

63.9(c), 63.10(d)(4)

Request to use alternative recordkeeping 63.998(b)(5)

Request for alternative monitoring 63.998(d)

Notification of compliance status (including performance test results) 63.9(h), 63.10(d)(2), 

63.999(a)(2), 

63.999(b),

63.2382(d)

First Compliance Report 63.10(e)(3),

63.999(c), 

63.2386(a), (b)(1), 

(c), and (e)

Semi-annual compliance report 63.10(e)(3), 

63.999(c) and 

63.2386(a), (b)(2), 

(d), and (e)

SSM Reports, periodic and immediate 63.10(d)(5),

63.2386(a)
7

A source must keep the following records:

Recordkeeping

Record retention 63.10(b)(1),

63.2394(b)

Documentation supporting initial notifications and notifications of 

compliance status

63.10(b)(2)(xiv),

63.2525(a)(1)

Records relating to emissions points which are part of the affected 

source but which do not require control

63.2390(b)

Startup, shutdown, and malfunction plan 63.6(e)(3)

Records related to startup, shutdown, and malfunction 63.6(e)(3)(iii)-(iv), 

63.10(b)(2)(i)-(ii)

and (iv)-(v),

63.2390(b)(1)

Records of performance tests and CEMS performance evaluations and 

conditions of performance tests and CEMS performance evaluations

63.10(b)(2)(viii) and 

(ix), 63.2390(b)(1)

Records of performance tests and CPMS performance evaluations and 

conditions of performance tests and CPMS performance evaluations

63.998(a),

63.2390(b)(1)

Records for equipment leaks 63.1038(b)-(c),

63.2525(a)(4)

Records for applicability determinations 63.10(b)(3)

Results of each CEMS calibration, validation check, and inspection 

and maintenance

63.10(b)(2)(x),and 

(xi), 63.2390(b)(1)

Results of each CPMS calibration, validation check, and inspection 

and maintenance

63.2390(b)(1)

Records for each CEMS 63.8(d)(3), 

63.8(f)(6)(i), 

63.10(b)(2)(vi)-(ix), 

and 63.2390(b)(1)

Records for each CPMS 63.2390(b)(1)

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. 

Also, regulatory agencies in cooperation with the respondents continue to create reporting 
8

systems to transmit data electronically. However, electronic reporting systems are still not 

widely used. At this time, it is estimated that approximately 20 percent of the respondents use

electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

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

supply pressure for control device. 

Perform initial performance test and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

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.

Currently sources are using monitoring and reporting equipment that provide parameter 

data in an automated way (e.g., continuous parameter monitoring system). Although personnel 

at the source still need to evaluate the data, this type of monitoring equipment has significantly 

reduced the burden associated with monitoring and recordkeeping.

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.
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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 the Online Tracking Information System (OTIS). 

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. Data and records maintained by the respondents are tabulated and 

published for use in compliance and enforcement programs. The semiannual reports are used for 

problem identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is entered into OTIS which is operated and 

maintained by EPA's Office of Compliance. OTIS is EPA’s database for the collection, 

maintenance, and retrieval of compliance data for approximately 125,000 industrial and 

government-owned facilities. EPA uses the OTIS 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 five

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. 

Although this standard will not have a significant economic impact on a substantial 

number of small entities, we nonetheless have tried to minimize the impact of this rule on small 

entities in several ways during the development of this rule. First, we chose to set the control 

requirements at the MACT floor control level and not at a control level more stringent. Thus, the 

control level specified in the proposed OLD rule is the least stringent allowed by the CAA. 
10

Second, we have set facility size, transfer rack throughput, and tank size cutoffs in the rule to 

minimize the effects on small businesses. Third, we have identified a list of 69 HAP from the 

list of 188 in the CAA to be considered for regulation. Regulated liquids are organic liquids that 

contain at least 5 percent by weight of the 69 HAP listed. In addition, we worked with various 

trade associations during the development of the rule. These actions have reduced the economic 

impact on small entities from this rule.

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 Organic Liquids 

Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (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. Wherever 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 114,667 hours (Total Labor Hours from Table 1). 

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 $122.49($58.33 + 110%) 

Technical $101.28 ($48.23 + 110%)

Clerical $50.80 ($24.19 + 110%)

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

September 2012, “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.
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(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection activities in the 

subject standard are both labor costs which are addressed elsewhere in this ICR and the costs 

associated with continuous monitoring. Both new and existing sources are expected to incur 

capital/startup costs because the monitoring equipment only has a five-year expected service life. 

Therefore, the capital/startup costs in this ICR include the cost to repurchase equipment and are 

not one-time costs when a facility becomes subject to the regulation. The annual operation and 

maintenance costs are the ongoing costs to maintain the monitors and other costs such as 

photocopying and postage.

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

The capital costs associated with monitoring equipment for storage tanks and transfer 

racks include the monitoring equipment, installation, ancillary costs (planning and selection), and 

a data acquisition system (DAS) (data logger, computer, logging and reporting software, and 

printer). The capital costs for the monitoring equipment were estimated based on the following 

assumptions: (1) the monitoring equipment cost per facility with transfer racks is $12,150, which 

includes the cost for thermocouple, wire, and DAS; (2) the monitoring equipment cost for each 

facility with storage tanks with separate emission controls is $780, which includes the cost for 

thermocouple and wire to connect to the DAS for transfer racks; and (3) the monitoring 

equipment has a 5-year expected life and is not capitalized, so no discount rate applies. The 

annual average capital cost for monitoring equipment for transfer racks per facility is $12,500 

divided by 5, or $2,500 per year. The annual average capital cost for monitoring equipment for 

storage tanks per facility is $780 divided by 5, or $156 per year. 

The capital costs associated with monitoring equipment for leak detection and repair 

(LDAR) include the cost of the purchase of an organic volatile analyzer (OVA). The estimated 

average cost of OVA is $7,000 with a five-year expected life. The equipment is not capitalized, 

so no discount rate applies. The average annual cost is $7,000 divided by 5 years or $1,400 per 

year. 

Operation and maintenance (O&M) costs include those costs associated with the general 

upkeep of capital equipment, such as monitoring equipment. The O&M cost associated with the 

monitoring equipment is $15,875 for transfer racks and $5,825 for storage tanks, per respondent. 

For LDAR monitoring, the operation of the monitors is included in the monitoring costs. 

Maintenance costs on these units are incidental; therefore, no maintenance or operation costs 

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

(A)

Continuous 

Monitoring 

Device

(B)

Capital/Startup 

Cost for One 

Respondent 

(C)

Number of 

Respondents

(D)

Total 

Capital/Startup 

Cost, (B X C)

(E)

Annual O&M 

Costs for One 

Respondent 5

(F)

Number of 

Respondents 

with O&M

(G)

Total O&M,

(E X F)

Transfer rack –

thermo-couple, 

DAS, wire1

$2,500 319 $797,500 $15,875 319 5,064,125

Storage Tank 

thermocouple, 

wire1

$156 319 $49,764 $5,825 319 1,858,175

LDAR2$1,400 564 $789,600 N/A N/A N/A

Total $1,636,864 $6,922,300

1

It is estimated that two new facilities will purchase transfer rack equipment and that two additional new facilities 

will purchase storage tank equipment in each of the three years covered by this ICR. There are 317 out of the 381 

existing respondents that will have transfer rack equipment and storage tank equipment. Therefore, the total 

number of respondents is 319. 

2

181 existing sources and 6 new sources will have LDAR programs. Fifty percent of the sources with LDAR 

programs will purchase a monitor for use in-house, and the rest will contract out the practice. Those facilities 

which contract out (91 existing facilities and 3 new facilities) will purchase one unit as backup; the remaining 

facilities performing LDAR in-house (91 existing facilities and 3 new facilities) will purchase 5 units to support the 

program, for a total of 546 and 18 units purchased for existing and new facilities, respectively. The total number of 

units combined is 564. 

The total capital/startup costs for this ICR are $1,636,864. This is the total of column D 

in the above table. 

The total operation and maintenance (O&M) costs for this ICR are $6,922,300. This is 

the total of column G. 

The average annual cost for capital/startup and operation and maintenance costs to 

industry over the next three years of the ICR is estimated to be $8,559,164. These are the costs 

of recordkeeping.

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 

$474,091. 

This cost is based on the average hourly labor rate as follows:
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Managerial $62.27 (GS-13, Step 5, $38.92 + 60%) 

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2012 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 Organic 

Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (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

381 existing respondents will be subject to the standard. It is estimated that an additional 12 

respondents per year will become subject, and 12 existing respondents will either close or cease 

to be become subject to the regulation. The overall average number of respondents, as shown in 

the table below is 381 per year. Among the 381 respondents, 64 sources will only incur minimal 

recordkeeping burden and have no reporting requirement, because they are not require to install 

control equipment and have no other on-going requirement beyond an initial notification. 

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

years covered by this ICR. 

Number of Respondents

Year

(A)

Number of New 

Respondents1

(B)

Number of 

Existing 

Respondent2

(C)

Number of Existing 

Respondents that keep 

records but do not 

submit reports

(D)

Number of 

Existing 

Respondents That 

Are No Longer 

Subject

(E)

Number of 

Respondents

(E=A+B+C-D)

1 12 381 0 12 381

2 12 381 0 12 381

3 12 381 0 12 381

Average 12 381 0 12 381

1

New respondent 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 three year period of this ICR is 381. 

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

(A)

Information Collection Activity

(B)

Number of 

Respondents 

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That 

Keep Records But Do 

Not Submit Reports

(E)

Total Annual Responses 

E=(BxC)+D

Initial Notification 12 1 N/A 12

Notification of Performance Test 3 1 N/A 3

Notification of Compliance Status 12 1 N/A 12

Semiannual Report 317 2 64 698

Notification of 

Construction/Reconstruction 12 1 N/A 12

Notification of Actual Startup 12 1 N/A 12

Total 749

Note: We assume 12 new sources and 381 existing sources per year. Of the new sources, we assume 25 percent (12 

x 25% = 3) have to install control and conduct initial performance test. Of the existing sources, 64 sources do not 

have on-going reporting requirement, and only 317 sources have to submit semiannual reports. 

The number of Total Annual Responses is 749.

The total annual labor costs are $11,210,842. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Organic Liquids 

Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (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 in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 114,667 hours at a cost of $11,210,842. Details 

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

– NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart 

EEEE) (Renewal). 

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

information is estimated to average 153 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $8,559,164. 

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

Maintenance (O&M) Costs.
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(ii) The Agency Tally

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

10,520 labor hours at a cost of $474,091. See Table 2 below: Average Annual EPA Burden and 

Cost – NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63, 

Subpart EEEE) (Renewal).

6(f) Reasons for Change in Burden

There is an adjustment increase in the respondent labor hours in this ICR compared to the 

previous ICR. This is due to an increase in the estimated number of hours to prepare semiannual 

reports. The previous ICR estimated 40 technical hours per occurrence for this burden item. 

Based on the consultation comments received during the development of this ICR, we revised 

the estimate to 80 hours per semiannual report to more accurately reflect industry burden. In 

addition, there is an increase in respondent labor costs from the most recently-approved ICR due 

to adjustments in labor rates. This ICR uses updated labor rates to calculate all burden costs.

6(g) Burden Statement

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

is estimated to average 153 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-2012-0686. 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), EPA West, 

Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public 
16

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-2012-0686 and OMB Control Number 2060-0539 in any

correspondence. 

Part B of the Supporting Statement

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

information.
17

Table 1: Annual Respondent Burden and Cost – NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR

Part 63, Subpart EEEE) (Renewal)

Burden Item

(A)

Hours per 

Occurrence

(B)

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year

(E)

Technical 

Hours per 

Year

(E=CxD)

(F)

Manag. 

Hours per 

Year 

(F=Ex0.05)

(G)

Clerical 

Hours per 

Year

(G=Ex0.1)

(H)

Total Labor 

Cost per 

Year 

($)k

1. Applications N/A

2. Surveys and Studies N/A

3. Reporting Requirements

 A. Read and understand rule requirements a40 1 40 12 480 24 48 $53,969 

 B. Required activities:

3.1 Organic Liquids

(a). Provide true vapor pressure and percent Table 1 HAP of 

all organic liquids transferred into/out of facility b 10 1 10 317 3,170 158.5 317 $356,417 

(b). Determine and provide Table 1 HAP percentages in 

organic liquids using Method 311 h 1 15 15 83 1,245 62.25 124.5 $139,981 

3.2 Storage Tanks

(a). Provide a list of all tanks in OLD operation including 

their capacity, HAP vapor pressure for tanks less than 

50,000 gallons, roof type, primary and secondary seal types, 

and fittings a 

20 1 20 12 240 12 24 $26,984 

(b). Provide results of the required inspections for storage 

tanks b 15 1 15 317 4,755 237.75 475.5 $534,626 

3.3 Transfer Operations

(a). Provide documentation of the facility-wide volume of 

affected liquids transferred through loading racks and the 

HAP percentage of affected liquids transferred through each 

rack b

20 2 40 188 7,520 376 752 $845,507 

(b). Provide documentation that cargo tanks subject to 

Method 27 vapor tightness testing loading at affected 

loading positions have current vapor tightness certification b

15 1 15 188 2,820 141 282 $317,065 

3.4 Equipment Leaks

(a). Provide a list of all equipment in OLD service a20 1 20 6 120 6 12 $13,492 
18

Burden Item

(A)

Hours per 

Occurrence

(B)

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year

(E)

Technical 

Hours per 

Year

(E=CxD)

(F)

Manag. 

Hours per 

Year 

(F=Ex0.05)

(G)

Clerical 

Hours per 

Year

(G=Ex0.1)

(H)

Total Labor 

Cost per 

Year 

($)k

(b). Provide documentation detailing equipment found 

leaking using Method 21 was repaired in time required c 10 4 40 302 12,080 604 1,208 $1,358,209 

3.5 Control Devices

(a). Provide records of control devices in OLD service and 

the emission sources which they control a, d 10 1 10 3 30 1.5 3 $3,373 

(b). Provide records detailing deviations in the proper 

operating conditions of the control devices in OLD service d 5 1 5 96 480 24 48 $53,969 

(c). Provide records of all performance tests required for the

control devices a, d, e 24 1 24 3 72 3.6 7.2 $8,095 

(d). Performance test of control devices, Method 25A.a, d, e 24 1 24 3 72 3.6 7.2 $8,095 

3.6 Repeat of Performance Test

Method 18--Measurement of Gaseous Organic Compound 

Emissions by Gas Chromatography e, f, g 5 1 5 0 0 0 0 $0 

Method 25A--Determination of Gaseous TOC by Flame 

Ionization Detection e, f, g 24 1 24 0 0 0 0 $0 

Method 27--Determination of Vapor Tightness Test for 

Gasoline Delivery Tanks j 2 1 2 75 150 7.5 15 $16,865 

C. Create Information See 3B

D. Gather Information See 3B

E. Report Preparation

Initial notification report a16 1 16 12 192 9.6 19.2 $21,587 

Initial compliance report a

20 1 20 12 240 12 24 $26,984 

Semiannual compliance report e80 2 160 317 50,720 2,536 5,072 $5,702,678

Notification of performance test a, e 4 1 4 3 12 0.6 1.2 $1,349 

Notification of construction/reconstruction a, i 4 1 4 12 48 2.4 4.8 $5,397 

Notification of actual startup a, i 4 1 4 12 48 2.4 4.8 $5,397 

Subtotal for Reporting Requirements 97,168.1 $9,500,039

4. Recordkeeping Requirements 

A. Read Instructions See 3A
19

Burden Item

(A)

Hours per 

Occurrence

(B)

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year

(E)

Technical 

Hours per 

Year

(E=CxD)

(F)

Manag. 

Hours per 

Year 

(F=Ex0.05)

(G)

Clerical 

Hours per 

Year

(G=Ex0.1)

(H)

Total Labor 

Cost per 

Year 

($)k

B. Plan Activities See 3A

C. Implement Activities See 3A

D. Develop Record System See 3A

E. Record Information

4.1 Organic Liquids

(a). Maintain records of true vapor pressure of organic 

liquids. See 3.1(a)

(b). Maintain records of Table 1 HAP in organic liquids. See 3.1(a), 

(b)

4.2 Storage Tanks

(a). Maintain records of all storage tanks in OLD service, 

their dimensions, roof types, seal types, and fittings. See 3.2(a)

(b). Maintain records of organic liquids and their respective 

volumes stored in individual storage tanks. See 3.2(a)

(c). Maintain records of storage tank inspections and 

repairs. See 3.2(b)

4.3 Liquid Transfers

(a). Maintain records of the organic liquids and their 

respective volumes transferred through each loading arm. See 3.3(a)

(b). Maintain records of cargo tanks and their vapor 

tightness certification. See 3.3(b)

4.4 Equipment Leaks

(a). Maintain records of equipment associated with organic 

liquids distribution. See 3.4(a)

(b). Maintain records of periodic Method 21 inspections, 

including leaking equipment found, and time required to 

repair leaking equipment.

See 3.4(b)

4.5 Control Devices

(a). Maintain records describing the control devices used to 

comply with the NESHAP, and what emission sources they See 3.5(a)
20

Burden Item

(A)

Hours per 

Occurrence

(B)

Number of 

Occurrences 

per 

Respondent 

per Year

(C)

Technical 

Hours per 

Respondent 

(C=AxB)

(D)

Number of 

Respondents 

per Year

(E)

Technical 

Hours per 

Year

(E=CxD)

(F)

Manag. 

Hours per 

Year 

(F=Ex0.05)

(G)

Clerical 

Hours per 

Year

(G=Ex0.1)

(H)

Total Labor 

Cost per 

Year 

($)k

control.

(b). Maintain records of performance tests. See 3.5(b)

(c) Record startups, shutdowns, and malfunctions 

(deviations) b 4 12 48 317 15,216 760.8 1,521.6 $1,710,803 

G. Personnel Training N/A

Subtotal for Recordkeeping Requirements 17,498.4 $1,710,803 

 TOTAL ANNUAL BURDEN and COST (rounded) 114,667 $11,210,842

Assumptions:

We assume 381 existing sources and 12 new sources per year that are subject to this rule. Additionally, we expect that 12 existing sources will either close or no longer 

become subject, and that the total number of respondents remain at 381 each year. 

a

 One-time activity for new sources only. Growth rate assumed to be 3 percent (or 12 new sources per year).

b

 Required of all affected facilities. Of the 381 facilities, 64 have minimal tasks to do and are assigned a burden of 1 hour total, 

 The annualized number of respondents per year actively engaged in the detection and correction of pollution problems is effectively (381 - 64 = 317).

 All 317 of the affected facilities have storage tanks. 188 of the affected facilities have transfer racks. 181 of the affected facilities have LDAR programs.

c

 Estimates do not include facilities that already operate an LDAR program.

d

 Only includes facilities installing a new control device as a result of OLD NESHAP (25 percent of sources).

e

 Estimate includes test plan, test report, and parametric monitoring setup. Assumes no facilities will use methods 18 or 25A. Based on comments received from Dow, 

we estimates approximately 80 hours to prepare each semiannual report. This is based on 4 hours to gather data for each of 20 process areas with organic liquid 

distribution. 

f

 Assumes that 15% of all performance tests need to be repeated.

g

 Assumes that this method will only be used to determine the percent of HAP in organic liquids.

h

 Assumes that only for-hire terminals and bulk gasoline terminals will require Method 18 testing of organic liquids.

i

 Assumes that 12 facilities per year would be subject to construction/reconstruction/actual startup provision.

j

 Assumes that 1/2 percent of the approximately 15,000 tank trucks carrying organic liquids would undergo Method 27 testing on an annual basis.
21

k Assume a technical labor rate of $101.28, managerial rate $122.49, and clerical rate of $50.80 from the United States Department of Labor, Bureau of Labor Statistics, 

September 2012, “Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from column 1: Total compensation. The wage rate obtained from 

the table has been increased by 110 percent.
22

Table 2: Average Annual EPA Burden and Cost – NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40

 CFR Part 63, Subpart EEEE) (Renewal)

Burden Item (A)

EPA Hours 

per 

Occurrence

(B)

Number of 

Occurrences 

per Plant per 

Year

(C)

EPA 

Hours per 

Year

(C=A x B)

(D)

Plants 

per 

Year a

(E) 

Technical 

Hours per 

Year 

(E=C x D)

(F)

Management 

Hours per 

Year 

(F= E x 0.05)

(G)

Clerical 

Hours per 

Year

(G= E x 0.1)

(H)

Costs per 

Year f

1. Applications

2. Surveys and Studies

3. Reporting Requirements 

A. Read and understand rule requirements 40 1 40 1 40 2 4 $2,072.98

B. Required activities

3.1 Organic Liquids

(a). Review documentation of organic liquids, 

their vapor pressure, and percent of regulated 

HAP a

6 1 6 317 1,902 95.1 190.2 $98,570.20

3.2 Storage Tanks

(a). Review documentation of storage tanks, 

their roof types, etc a 8 1 8 12 96 4.8 9.6 $4,975.15

(b). Review documentation of the required 

storage tank inspections a 4 1 4 317 1,268 63.4 126.8 $65,713.47

3.3 Transfer Operations

(a). Review documentation of the organic 

liquids transferred, their volumes, TVP, and 

HAP percentages b

4 1 4 188 752 37.6 75.2 $38,972.02

(b). Review documentation of vapor tightness 

testing on cargo tanks d, b 4 1 4 188 752 37.6 75.2 $38,972.02

3.4 Equipment Leaks

(a). Review report of equipment leak program c

8 1 8 181 1,448 72.4 144.8 $75,041.88

(b). Review report of equipment leak repairs c

4 1 4 181 724 36.2 72.4 $37,520.94

(c). Review Method 21 documentation c

4 1 4 181 724 36.2 72.4 $37,520.94

3.5 Control Devices 0 1 0 0 0 0 0 $0
23

(a). Review control devices in OLD service a

4 1 4 3 12 0.6 1.2 $621.89

(b). Review records of deviations d

(c). Review control device performance test 

results d 4 1 4 3 12 0.6 1.2 $621.89

C. Create Information

D. Gather Information

E. Report Preparation

 Review initial notification report a

4 1 4 12 48 2.4 4.8 $2,487.58

 Review initial compliance report a

4 1 4 12 48 2.4 4.8 $2,487.58

 Review semi-annual compliance report a

2 1 2 634 1,268 63.4 126.8 $65,713.47

 Review notification of performance test a

2 1 2 3 6 0.3 0.6 $310.95

 Review notification of construction/ 

reconstruction e 2 1 2 12 24 1.2 2.4 $1,243.79

 Review notification of actual startup e2 1 2 12 24 1.2 2.4 $1,243.79

Total Annual Burden and Cost (rounded) 10,520 $474,091

Assumptions:

We assume 381 existing sources and 12 new sources per year that are subject to this rule. Additionally, we expect that 12 existing sources will either close or no 

longer become subject, and that the total number of respondents remain at 381 each year.

a

 Estimate includes all affected facilities.

b

 Estimate does not include crude oil pipeline breakout stations.

c

 Estimate does not include facilities that already operate an LDAR program.

d

 Only includes facilities incurring costs for a new control device as a result of the OLD NESHAP.

e

 Estimate that only 12 facilities will undergo construction/reconstruction, anticipated startup, and actual startup.

f

 Assume a technical labor rate of $46.21, managerial rate $62.27, and clerical rate of $25.01 These rates are from the Office of Personnel Management 

(OPM), 2012 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. These rates can be obtained from the OPM web site, http//www.opm.gov/oca/payrates/index/htm.