SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Oil and Natural Gas Production (40 CFR Part 63, Subpart HH) (Revised)

1. Identification of the Information Collection

1(a) Title of the Information Collection

National Emission Standards for Hazardous Air Pollutants (NESHAP) for Oil and Natural Gas 

Production (40 CFR Part 63, Subpart HH) (Revised), EPA ICR Number 2440.02, OMB Control 

Number 2060-0417. 

1(b) Short Characterization/Abstract

The amendments to this ICR are a result of the review of the existing NESHAP for Oil and 

Natural Gas Production (40 CFR part 63, Subpart HH) as required by the Clean Air Act. The 

NESHAP published at 40 CFR part 63, subpart HH were proposed on February 06, 1998, and 

promulgated on June 17, 1999 only for major sources. On July 8, 2005, a supplemental proposal 

was published for area sources with the final rule effective date on January 03, 2007. The current 

proposed rulemaking applies to existing and new facilities that are major sources. A major source 

of hazardous air pollutants (HAP) is one that has the potential to emit, 10 tons or more of any one 

hazardous air pollutant or 25 tons or more of total HAP per year; an area source is one with the 

potential to emit less than this. This information is being collected to assure compliance with 40 

CFR part 63 subpart HH.

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

periodic reports by the owners/operators of the affected facilities. These notifications, reports, and 

records are essential in determining compliance, and are required of all affected facilities subject to 

NESHAP. Semiannual summary reports are also required.

The proposed rulemaking would amend title 40, chapter I, part 63 subpart HH to include, 

emission sources for which standards were not previously developed. We are proposing these 

standards for these emission sources pursuant to CAA section 112(d)(2) and (3). Therefore, the 
2

number of affected facilities under this subpart is expected to increase for major sources. The 

overall change in burden found in this ICR reflect the provision changes, an update in the cost of 

labor, and corrections to the number of affected facilities found in EPA ICR number 1788.09. 

The period considered in this ICR and throughout this supporting statement is the first 

three years following the promulgation of the amended Oil and Natural Gas Production NESHAP. 

The estimates of the size of the regulated universe are based on data from the National Emissions 

Inventory (NEI) database. Over the three year period, we expect 363 existing major source 

facilities to become new respondents. In addition, we expect a total of 43 new respondents to 

become subject over the three year period. The average annual burden from the recordkeeping and 

reporting requirements is 59,670 person hours, with an annual average cost of $1,997,402 and an 

annual capital cost of $223,954.

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 (HAP). These standards are applicable to new or existing sources of HAP 

and shall require the maximum degree of emission reduction. 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
3

reasonably require.

In the Administrator's judgment, HAP emissions from oil and natural gas production 

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

health or welfare. Therefore, the NESHAP standards were promulgated for this source category at 

40 CFR part 63, subpart HH.

2(b) Practical Utility/Users of the Data

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

applicable regulations which were promulgated in accordance with the Clean Air Act. In addition, 

the collected information is 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 tests, 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 ensure that the pollution control devices are properly 

installed and operated, that leaks are being detected and repaired, and that the standards are 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.

The information generated by the monitoring, recordkeeping and reporting requirements 

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

continues to operate the control equipment in compliance with the regulation.
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3. Non-duplication, Consultations, and Other Collection Criteria

3(a) Non-duplication

A search of EPA’s existing standards and ongoing ICR’s revealed no duplication of 

information gathering efforts. However, certain reports required by State or local agencies may 

duplicate information required by this NESHAP. In these cases, 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.

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

This action is not applicable because it is a rule related ICR. 

3(c) Consultations

During the previous ICR renewal, 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. We contacted the Independent Petroleum Association of America (IPAA) at 

(202) 857-4722, and the American Gas Association (AGA) at (202) 824-7000. 

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 are consistent with the regulations 

established by OMB at 5 CFR part 1320, section 1320.5, expect for the maximum length of 

maintaining records.
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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 the 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 the five years. Without 

the five-year record retention, 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 (see 40 CFR 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, 

March 23, 1979).

3(g) Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents

The respondents to the recordkeeping and reporting requirements are oil and natural gas 

production. The North American Industry Classification System (NAICS) codes are 211112 for 

“Natural Gas Liquid Extraction” and 211111 for “Crude Petroleum and Natural Gas Extraction.”

4(b) Information Requested

(i) Data Items

The standards are based on add-on control devices and pollution prevention measures to 
6

reduce HAP emissions. In order to demonstrate continuous compliance with the standards, certain 

facilities must use the continuous parameter monitoring systems (CPMS). 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. 

A source must make the following reports:

Notifications

Initial notification 63.775(b)(1), 63.9(b)(2) major 

source, 

63.775(c)(1) area source 

Notification of intent to construct/reconstruct 63.5(d), 63.9(b)(4) major 

source

63.9(b)(5) area source

Notification of actual startup date 63.9(b)(4), 63.9(b)(5)(ii) major 

source

63.9(b)(5) area source

Notification of date of CMS performance evaluation 63.775(b)(2), 63.8(e)(2), 

63.9(g)(1) major source

63.775 (c)(2) area source

Notification of intent to conduct a performance test 63.775(b)(3), 63.7(b), 63.9(e) 

major source

73.775(c)(3) area source

Notification of compliance status 63.775(b)(4), 63.9(h), 

63.775(d), major source

63.775(c)(4) area source

Periodic reports 63.775(b)(5), 63.769(c), 

63.772(f) major source

63.775(c)(5) area source

Results of performance test 63.7(g), 63.10(d)(2)

Notification of change in compliance demonstration method for 

control device performance

63.772(f)

Notification of process change 63.775(f)

Semiannual excess emissions and continuous monitoring system 

performance report

63.8(c)(8), 63.10(e)(3)

Semiannual HAP summary report 63.10(e)(3)

A source must keep the following records:

Recordkeeping 

Record retention 63.10(b)(1), 63.774(b)(1)
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Recordkeeping 

Copies of notifications and reports and supporting documentation 63.10(b)(2)(xiv)

Records of performance tests, other compliance demonstrations, 

and performance evaluations (area sources) 63.10(b)(2)(vii)-(ix) 

Record related to control equipment inspections (area sources) 63.774(b)(5-8) 63.773(c)(7)

Records related to CMS (area sources) 63.10(b)(2)(vi), (x), (xi), 

63.10(c), 63.774(b)(3-4)

Records required if complying via process modification (area 

sources)

63.774(b)(10-11),

63.771(e) 

Records required if complying via benzene emission limit (area 

sources) 63.774(c)

Records related to equipment that is exempt or subject to other 

standards

63.764(e), 63.774(d) 

63.774(b)(9)

Records of exempt glycol dehydration units 63.764(e)(1), 63.774(d)(1)

Records of exempt ancillary equipment and compressors 63.764(e)(2), 63.774(d)(2)

Records of glycol dehydration unit baseline operations (alternative 

standards) 63.771(e)(1), 63.774(b)(10)

Records of conditions for which glycol dehydration unit baseline 

operations shall be modified to achieve 95% HAP emission 

reduction (alternative standards)

63.771(e)(2), 63.774(b)(11)

Records to demonstrate that glycol dehydration unit operates 

under conditions for HAP reduction (alternative standards) 63.771(e)(3), 63.774(b)(11)

Documentation of condenser design analysis 63.769(c), 63.772(e)(4) 

Records of control device operating parameters – continuous and 

daily average (except flares) 63.774(b)(4)(i-ii)

Records of flare design, visible emissions, heat content, flow-rate, 

exit velocity, pilot flame outages (flares only) 63.774(b)(4)(i-ii), 63.774(e)

Records of 365 days rolling average condenser efficiency

(condensers only)

63.774(b)(4)(ii)(B)

Records of flow indicator operation, flow detection, vent stream 

diversions 63.774(b)(4)(iii)

Records of inspections of seals or closure mechanisms, records of 

broken/changed/checked out seals/valves/locks 63.774(b)(4)(iv)

Records of unsafe-to-inspect parts 73.773(c)(7), 63.774(b)(5)

Records of difficult-to-inspect parts 63.773(c)(7), 63.774(b)(6)

Records of leak or defect detection and repair 63.769(c), 61.246, 

63.773(c)(7), 63.774(b)(7)

Records of inspections during which no leaks or defects were 

detected 63.773(c)(7), 63.774(b)(8)

Records of compliance with benzene emission limit (alternative 

standards) 63.774(c)
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Recordkeeping 

Site-specific performance evaluation test plan 63.7(c)(2), 63.8(d)(2), 

63.8(e)(3)(i)

Records of results of performance test 63.7(g)(3)

Continuous monitoring system quality control program 63.8(d)

Records of continuous monitoring system performance 63.10(c)

(ii) Respondent Activities

Respondent Activities

Read instructions.

Gather relevant information.

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.

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.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information 

Management

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, 

and distribution of the required information.
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Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

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

required to be submitted by industry.

Audit facility records.

Maintain data in the CDX

5(b) Collection Methodology and Management

Information contained in the reports will be required to submit records electronically to 

EPA’s Central DATA Exchange (CDX) using the Electronic Reporting Tool. The Central Data 

Exchange (CDX) enables fast, efficient and more accurate environmental data submissions from 

state and local governments, industry and tribes to the Environmental Protection Agency (EPA) 

and participating program offices. EPA's CDX is the point of entry on the Environmental 

Information Exchange Network (Exchange Network) for environmental data submissions to the 

Agency. CDX works with both EPA program offices looking for a way to better manage incoming 

data, and stakeholders looking for a way to reduce burden from reporting requirements. 

5(c) Small Entity Flexibility

The 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. 

5(d) Collection Schedule

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

below in Table 1: Annual Respondent Burden - NESHAP for Oil and Natural Gas Production (40 

CFR Part 63, Subpart HH) (Revised)
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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 59,670 (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: $33.51 per hour for technical labor, $52.85 per 

hour for management labor, and $23.43 for clerical labor. The rates have already been increased by

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

These rates are from the Employer Costs for Employee Compensation Historical Listing March 

2004 – December 2010 published by the Bureau of Labor and Statistics and represents the state of 

the industry in 2008. This is consistent with the control costs associated with the proposed 

revisions to subpart HH (Source: ftp://ftp.bls.gov/pub/special.requests/ocwc/ect/ececqrtn.pdf).

(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 labor costs which are addressed elsewhere in this ICR and the costs associated 
11

with continuous monitoring. The capital/startup costs are one-time costs when a facility becomes 

subject to the regulation. The annual operation and maintenance costs are the ongoing costs to 

maintain the monitor and other costs such as photocopying and postage.

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

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

(A)

Continuous 

Monitoring Device

(B)

Capital/

Startup Cost 

for One 

Respondent

(C)

Number of 

New

Respondents 

(D)

Total 

Capital/

Startup Cost 

(B X C) 

(E)

Annual O&M 

Costs for One 

Respondent 

(F)

Number of 

Respondents 

with O&Mb

(G)

Total 

O&M,

(E X F)

Monitoring 

equipment (CMS) $1,015 138 $140,070 $134 626 $83,884 

Total $140,070 $83,884 

a. We assume all new major sources and 2 percent of new area sources purchase the equipment. 

b. We assume the average number of existing major sources have annual O&M costs.

The total capital/startup costs for this ICR are $140,070. This is the total of column D in 

the above table.

The total operation and maintenance (O&M) costs for this ICR are $83,884. 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 $223,954.

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 three years of the ICR is estimated to be 

$239,113.
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This cost is based on the average hourly labor rate as follows:

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), 2010 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 - NESHAP for Oil and Natural Gas 

Production (40 CFR Part 63, Subpart HH) (Revised).

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

The number of area source respondents is derived from information in EPA ICR number 

and EPA ICR number 1788.08, section 4 (b) (ii). 

The number of major source respondents was updated based on the NEI database, which 

was used during the analysis to determine the MACT. The number of respondents is calculated 

using the following table which addresses the 3 years covered by this ICR. Over the three year 

period of this ICR, we expect 426 existing major source facilities to become new respondents. In 

addition, we expect 43 new respondents to become subject over the three year period. 
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The total number of annual responses per year is calculated using the following table:

Y

E

A

R

(A) (B) (C) (E) (F) (G)

Number of New Respondents 

1 & 2

Number of 

Existing 

Respondents3

Number of 

Existing 

Respondents 

That Are 

Also New 

Respondents

Total 

Number of 

Respondents 

(E=A+B)

Number of 

Respondents 

that Only 

Maintain 

Records4

Number of 

Respondents 

That Submit 

Records

Major Area

Area 

Only 

Keep 

Records

Major Area

1 135 3 138 470 2,927 121 3,673 3,006 667

2 135 3 138 605 3,068 121 3,949 3,145 804

3 135 3 138 740 3,209 121 4,225 3,283 942

Avg 135 3 138 605 3,068 121 3,949 3,145 804

1

New respondents include sources with constructed or reconstructed affected facilities.

2 We assume that there are 141 new area sources and 135 new major sources for a total of 276 new sources each year.

We estimate 121 of the new major sources are existing facilities, while 14 new major sources are at new facilities. 

3 We assume there are 3,068 existing area sources and 626 existing major sources.

4 We assume that 98 percent of area sources will only be required to maintain records. All major sources and 2 

percent of area sources will maintain and submit reports. 
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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)

Major sources

Notification of construction/reconstruction 135 1 0 135

Notification of actual startup 135 1 0 135

Notification of date of CMS performance

evaluation 135 1 0 135

Notification of date of performance test 135 1 0 135

Notification of compliance status report 135 1 0 135

Semiannual periodic report 782 2 0 1,564

Area sources

Notification of intent to construct 3 1 0 3

Notification of actual startup date 3 1 0 3

Notification of intent to conduct

performance test

16 1 0 16

Notification of date of CMS performance

evaluation 16 1 0 16

Notification of compliance status 16 1 0 16

First periodic report 3 1 0 3

Subsequent periodic reports 12 1 0 12

Total Number of Annual Responses Total 2,308

The number of Total Annual Responses is 2,308.

The total annual labor costs are $1,997,402 for 59,670 labor hours. Details regarding these 

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

and Natural Gas Production (40 CFR Part 63, Subpart HH) (Revised).

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. 
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(i) Respondent Tally

The total annual labor hours are 59,670. Details regarding these estimates may be found 

below in Table 1. Annual Respondent Burden and Cost - NESHAP for Oil and Natural Gas 

Production (40 CFR Part 63, Subpart HH) (Revised).

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

information is estimated to average 26 hours (rounded) per response.

The total annual capital/startup and Operation and Maintenance (O&M) costs to the 

regulated entity are $245,086.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 4,931

labor hours at a cost of $225,444. See below Table 2: Annual Agency Burden and Cost –

NESHAP for Oil and Natural Gas Production (40 CFR Part 63, Subpart HH) (Revised).

6(f) Reasons for Change in Burden

The proposed rulemaking would amend title 40, chapter I, part 63 subpart HH to include, 

emission sources for which standards were not previously developed. We are proposing these 

standards for these emission sources pursuant to CAA section 112(d)(2) and (3). Therefore, the 

number of affected facilities under this subpart is expected to increase for major sources. At this 

time, none of the proposed amendments will affect area sources. The overall change in burden 

found in this ICR reflect the provision changes, an update in the cost of labor, and corrections to 

errors found in EPA ICR number 1788.09. 
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6(g) Burden Statement

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

estimated to average 26 hours per response. Burden means the total time, effort, or financial 

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

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

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

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

complete and review the collection of information; and to 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’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing 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-2009-0388. 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 content of the docket, 

and to access those documents in the public docket that are available electronically. When in the 

system, select “search” than 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 Avenue, N.W., Washington, DC. The EPA Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is (202) 566-1744, and the telephone number for the 

Enforcement and Compliance Docket and Information Center Docket 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, N.W., Washington, DC 20503, Attention: Desk Officer 

for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2009-0388 and OMB 
17

Control Number 2060-0417 in any correspondence.

Part B of the Supporting Statement

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

information.
Table 1: Annual Respondent Burden and Cost – NESHAP for Oil and Natural Gas Production (40 CFR Part 63, Subpart HH) 

(Revised)

Burden item

(A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

($)

1. Applications N/A

2. Surveys and studies N/A

3. Reporting requirements

 a. Read rule and instructions 1 1 1 276 276 14 28 $10,625

 b. Required activities N/A

 c. Create information N/A

 d. Gather existing information 2 1 1 276 552 28 55 $21,250

 Major sources

 i. Notification of construction/reconstruction 1 1 1 135 68 3 7 $2,598

 ii. Notification of actual startup 1 1 1 135 68 3 7 $2,598

iii. Notification of date of CMS performance 

evaluation c 1 1 1 135 68 3 7 $2,598

 iv. Notification of date of performance test 1 1 1 135 68 3 7 $2,598

 v. Notification of compliance status report 4 1 4 135 540 27 54 $20,788

 vii. Semiannual periodic report 4 2 8 740 5,920 296 592 $227,893

 Area sources

 i. Notification of intent to construct 1 1 2 3 6 0 1 $231

 ii. Notification of actual startup date 1 1 1 3 3 0 0 $115

iii. Notification of intent to conduct

 performance test c 1 1 2 15 30 2 3 $1,155

 iv. Notification of date of CMS performance

 evaluation e 1 1 2 15 30 2 3 $1,155

 v. Notification of compliance status 4 1 10 15 150 8 15 $5,774

 vi. First periodic report c4 1 4 3 12 1 1 $462

 vii. Subsequent periodic reports c2 1 2 12 24 1 2 $924

Subtotal for Reporting Requirements 8,985 $300,765

4 Recordkeeping requirements

 a. Read instructions
19

Burden item

(A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

($)

 - Major source d1 1 4 135 540 27 54 $20,788

 - Area source d1 1 4 141 564 28 56 $21,711

 b. Plan activities 

 - Major source 16 1 16 135 2,160 108 216 $83,150

 - Area source

 i. Sources required to operate add-on controls 16 1 16 15 240 12 24 $9,239

 ii. Sources required to implement MP 4 1 4 138 552 28 55 $21,250

 c. Implement activities

 - Major source N/A

 - Area source

 i. Performance test 35 1 35 3 105 5 11 $4,042

 ii. Design analysis 12 1 12 15 180 9 18 $6,929

iii. Control equipment leak monitoring e3 2 6 62 372 19 37 $14,320

iv. Operate and maintain CMS e, f 2 12 24 62 1,488 74 149 $57,281

 d. Develop record system 

 - Major source

 i. Control equipment 8 1 8 135 1,080 54 108 $41,575

 ii. Equipment Inspection and Monitoring 13 1 13 740 9,620 481 962 $370,327

 - Area source

 i. Control equipment 8 1 8 15 120 6 12 $4,619

 e. Time to enter information

 - Major source

 i. Control equipment monitoring g, h 1 2 2 740 1,480 74 148 $56,973

ii. Control device CMS g, h, i 1 12 12 740 8,880 444 888 $341,840

iii. Equipment Inspection and Maintenance, h, i 1 12 12 740 8,880 444 888 $341,840

 - Area source

i Control equipment leak monitoring e, j 1 2 2 62 124 6.2 12 $4,773

ii. CMS measurements e1 12 12 62 744 37 74 $28,641

 f. Time to train personnel

 - Major source 8 1 8 135 1,080 54 108 $41,575

 - Area source k16 1 16 15 240 12 24 $9,239

g. Maintain records (area source) e, l 20 1 20 62 1,240 62 124 $47,734
20

Burden item

(A)

Person 

hours per 

occurrence

(B)

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per year a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person hours 

per year

(Ex0.05)

(G)

Clerical 

person 

hours 

per year

(Ex0.1)

(H)

Total Cost 

Per year b

($)

h. Retain records of emission m1 1 1 3,145 3,145 157 314 $121,054

i. Retrieve records/reports n20 1 20 62 1,240 62 124 $47,734

Subtotal for Recordkeeping Requirements 50,685 $1,696,637 44,074 2,204 4,407

TOTAL LABOR BURDEN AND COST 

(rounded) 59,670 $1,997,402

Assumptions:

a We have assumed that the average number of reporting respondents that will be subject to this rule will be 3,949 during the reporting period, which consists of 3,068 

existing area sources, 605 existing major sources and an additional 276 new sources. The majority of these respondents, 3,145, are not required to submit reports. 

b

This ICR uses the following labor rates: $33.51 per hour for technical labor, $52.85 per hour for management labor, and $23.43 for clerical labor. The rates have been 

increased by 110 percent to account for the benefit packages available to those employed by private industry. These rates are from the Employer Costs for Employee 

Compensation Historical Listing March 2004 – December 2010 published by the Bureau of Labor and Statistics and represents the state of the industry in 2008, consistent 

with the control costs associated with the proposed rule. Source: ftp://ftp.bls.gov/pub/special.requests/ocwc/ect/ececqrtn.pdf

c We have assumed that the requirements do not apply to sources located outside of an urbanized area (UA)/urban cluster (UC) plus offset boundary.

d We have assumed that it will take each of the respondents four hours to read instructions.

e We have assumed that 50 existing area sources, and 12 new area sources (8 percent of area sources ) will complete this activity.

f We have assumed that it will take each respondent two hours twelve times per year to implement this activity.

g We have assumed that it will take each of the respondents one hour to enter information.

h We assume that all of the major sources will each take one hour to enter information.

i We have assumed that each respondent will be required to enter information twelve times per year. 

j We have assumed that each respondent will be required to enter information two times per year.

k We have assumed that a sixteen (3 new and 13 existing) respondents will each take sixteen hour to train personnel. This follows the assumption that 2 percent of area 

sources will submit records. 

l We have assumed that it will take 20 hours for each respondent to maintain records.

m We have assumed that all of the respondents that are subject only to the recordkeeping requirements will take one hour each year to process records of emissions.

n We have assumed that each respondent will take twenty hours once per year to retrieve records/reports.
21

Table 2: Average Annual EPA Burden - NESHAP for Oil and Natural Gas Production (40 CFR Part 63, Subpart HH) 

(Revised)

Activity

(A)

EPA 

personhours per 

occurrence

(B)

No. of 

occurrences 

per plant 

per year

(C)

EPA 

personhours 

per plant 

per year

(C=AxB)

(D)

Plants 

per 

year 

a

(E)

Technical 

personhours per 

year

(E=CxD)

(F)

Management 

person-hours 

per year

(Ex0.05)

(G)

Clerical 

personhours 

per year

(Ex0.1)

(H)

Cost, $ b

Major source

 Initial notification c2 1 2 135 270 14 27 $14,195

 Preconstruction review application c4 1 4 135 540 27 54 $28,391

 Performance test notification c2 1 2 135 270 14 27 $14,195

 Compliance status notification c4 1 4 135 540 27 54 $28,391

 Semiannual periodic reports d2 2 4 628 2,512 126 251 $132,070

Area sources

 Notification of intent to construct 2 1 2 3 6 0 1 $315

 Notification of actual startup date 2 1 2 3 6 0 1 $315

 Notification of intent to conduct 

 performance test e

2 1 2

15 30 2 3 $1,577

 Notification of date of CMS performance

 evaluation f

2 1 2

15 30 26 3 $1,577

 Notification of compliance status 4 1 4 15 60 3 6 $3,155

 Periodic reports – new sourceg2 1 2 12 24 1 2 $1,262

Subtotals Labor Burden and cost 4,288 214 429

TOTAL ANNUAL BURDEN AND COST $225,444

(rounded) 4,931

Assumptions:

a We have assumed that the average number of reporting respondents that will be subject to this rule will be 3,991 during the reporting period, which consists of 2,926 

existing area sources, 626 existing major sources and an additional 297 new sources. The majority of these respondents, 3,145, are not required to submit reports. 

b

The cost is based on the following labor rate which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses. Managerial rates of 

$59.63 (GS-13, Step 5, $37.27 × 1.6), Technical rate of $47.20 (GS-12, Step 1, $29.50 × 1.6), and Clerical rate of $23.94 (GS-6, Step 3, $14.96 × 1.6). These rates are from 

the Office of Personnel Management (OPM), 2008 General Schedule, which excludes locality rates of pay.

c We have assumed that this is a one-time only activity for each facility.
22

d We have assumed that each respondent will take two hours two times per year to complete the semiannual periodic reports.

e We have assumed that each of the respondents will take two hours once per year to complete requirements.

f We have assumed that the requirements do not apply to sources located outside of an urbanized area (UA)/urban cluster (UC) plus offset boundary.

g We have assumed that each respondent will take two hours once per year to review reports.