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 1963.04, 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 (40 CFR Part 63, Subpart EEEE) were proposed 

on April 2, 2002, and promulgated on February 3, 2004. 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. New facilities include those that 

commenced construction or reconstruction after the date of proposal. 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). 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 (SSM) 

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 United 
2

States Environmental Protection Agency (EPA) regional office.

There is one affected facility 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 standard each year, so the total number 

of respondents does not change from year to year.

The Office of Management and Budget (OMB) approved the current Information 

Collection Request (ICR) without any “Terms of Clearance.”

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

Burden and Costs for the NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities

(40 CFR Part 63, Subpart EEEE) (Renewal). The burden to the “Federal government” is 

attributed entirely to work performed by Federal employees or government contractors; this 

burden may be found below in Table 2: Annual Federal Government Burden and Cost for the 

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 (CAA), as amended, to 

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

sources of hazardous air pollutants. These standards are applicable to new or existing sources of 

hazardous air pollutants and shall require the maximum degree of emission reduction. In 

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

any requirement of this Act to: 

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

(C) install, use, and maintain such monitoring equipment, and use 

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

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

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

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

equipment parameters, production variables or other indirect data 

when direct monitoring of emissions is impractical; (F) submit 

compliance certifications in accordance with Section 114(a)(3); 

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

reasonably require.
3

In the Administrator's judgment, hazardous air pollutant emissions from the distribution 

of organic liquids cause or contribute to air pollution that may reasonably be anticipated to 

endanger public health or welfare. Therefore, 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 standards 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 standards. Continuous emission monitors (CEMS) are used to 

ensure compliance with the standards at all times. Alternatively, 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 initial notifications required in the standards are used to inform the Agency or 

delegated authority when a source becomes subject to the requirements of the regulations. The 

Notification of Compliance Statue Report is used to determine how the facility is complying with 

the standard. The reviewing authority may then inspect the source to check if the pollution 

control devices are properly installed and operated and/or leaks are being detected and repaired

and 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.

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, no duplication 

exists.

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 
4

in the Federal Register (74 FR 38006) on July 30, 2009. 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 Technical Support 

Document for the proposed rule has been evaluated. As established in that document, the 

published data for the industry segments with organic liquid distribution (OLD) functions 

(chemical manufacturing, petroleum refining, etc.) typically are not specific to activities that 

qualify as distribution, which is the source category affected by this ICR. Therefore, the 

information necessary to extract the OLD emissions sources from the general industry data is not 

readily available. For example, the storage capabilities, throughputs and other data available for 

the chemical production and refining industries apply to all production and storage for the liquids 

processed at the facilities, not just those which meet the applicability of the OLD rule.

For the purposes of this ICR, the Agency relied on the same data specific to the OLD 

activities which were received by EPA in response to a survey that was sent to 167 companies in 

April 1998. The same data were used as the basis for establishing the floor and preparing the 

original ICR, and for the reasons outlined above, are the only pertinent information currently

available to the Agency which are specific to the emission sources encompassed by the OLD 

industry.

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

recordkeeping and reporting provisions in the standard, is the Air Facility System (AFS) which is 

operated and maintained by the EPA Office of Compliance. AFS is the EPA database for the 

collection, maintenance, and retrieval of all compliance data.

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

comment on the burden associated with the standard as it was being developed and the standard 

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

purposes.

Additionally, consultations with industry representatives (i.e., respondents) were 

conducted to determine if there is anyway for EPA to reduce the recordkeeping and reporting 

burden or improve the language in the standard to make it easier to comply. Liane Platt of the 

Dow Chemical Company (979-238-5418) and Paul Jann of the DuPont Company (302-774-

8043) were contacted and asked to provide comment on the assumptions made in the ICR 

renewal. No comments were received which required any changes be made to the ICR renewal. 

It is our policy to carefully review any comments received since the last ICR renewal 

including those submitted in response to the first Federal Register notice and respond 

appropriately. In this case, no comments were received.

3(d) Effects of Less Frequent Collection
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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.

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 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 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. The North American Industry Classification System (NAICS) and the corresponding 

Standard Industrial Classification (SIC) code for the respondents affected by the standards are 

listed in the following table:
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Industry Segment NAICS Codes SIC Codes

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

Petroleum Refineries 32411 2911

Liquid Terminals 49311, 49319 4226

Crude oil pipeline stations 48611 4612

Petroleum terminals 42269, 42271 5169, 5171

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)

(Renewal)

A source must make the following reports:

Requirements Regulation Reference

Maintain copies of all submitted reports and notifications for 

five years

63.10(b) and 63.2394(b) 

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

63.2382(c)

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

Notification of continuous parameter monitoring system 

(CPMS) performance evaluation

63.8(e)(2) and 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) and 

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) and 63.2386(a)
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A source must keep the following records:

Requirements Regulation Reference

Record retention 63.10(b)(1) and 63.2394(b)

Documentation supporting initial notifications and 

notifications of compliance status

63.10(b)(2)(xiv) and 

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), (iv)-(v) 

and 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) and 

63.2390(b)(1)

Records of performance tests and CPMS performance 

evaluations and conditions of performance tests and CPMS 

performance evaluations

63.998(a) and 63.2390(b)(1)

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

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)

(ii) Respondent Activities
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Respondent Activities

Install, calibrate, maintain, and operate CPMS for the appropriate 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.

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 

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.

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

Management

5(a) Agency Activities

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

storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

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 Air Facility System (AFS).
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5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source 

to determine whether the pollution control devices are properly installed and operated. 

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

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

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

compliance and enforcement programs. The 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 the AFS which is operated and 

maintained by the EPA Office of Compliance. AFS is the EPA database for the collection, 

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

government-owned facilities. EPA uses the AFS 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. The exact number of small entities potentially affected could not 

be determined based on review of available information, including the Final Rule (73 FR 40977). 

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. Even though the recordkeeping requirements are the same for small and large 

businesses, the Agency considers these requirements the minimum needed to ensure compliance 

and, therefore, cannot reduce them further for small businesses. Construction, modification, and 

reconstruction reports are filed only once. Equipment leak monitoring and storage tank 

inspection records are brief, and cargo tank vapor tightness documentation will be supplied 

primarily by independent cargo tank operators and kept at the OLD facility for each tank truck 

and railcar that is to be loaded with regulated liquids at the facility.

Although this proposed rule 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. 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. 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 
10

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 proposed 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 for the 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. Where appropriate, specific tasks and 

major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a 

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

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 85,503 hours. 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 $114.49 ($54.52 + 110%) 

Technical $98.20 ($46.76 + 110%)

Clerical $48.53 ($23.11 + 110%)

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

September 2009, “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.
11

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

This section covers the costs associated with all types of continuous monitoring 

equipment (e.g., CEMS and continuous parameter monitors). The type of industry costs 

associated with the information collection activities in the subject standards are both labor costs 

which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. 

The capital/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 monitors.

(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 $2500 per year. The annual average capital cost for monitoring equipment for 

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

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

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

average cost of an 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. It is estimated that 6 new facilities will conduct LDAR monitoring. It is 

estimated that 50 percent of the sources with LDAR programs will purchase a monitor for use inhouse, and the rest will contract out the practice. Those facilities which contract out (3 facilities) 

will purchase 1 unit as backup; the remaining facilities performing LDAR in-house (3 facilities) 

will purchase 5 units to support the program, for a total of 18 units purchased.

Capital/Startup vs. Operation and Maintenance Costs
12

(A)

Continuous 

Monitoring 

Device

(B)

Annualized 

Capital / 

Startup Cost 

for One 

Respondent

(C)

Number of 

New 

Respondents

(D)

Number of 

Existing 

Respondents

(E)

Total 

Annualized 

Capital / 

Startup Cost,

(C+D) x B

(F)

Annual 

O&M 

Costs for 

One 

Respondent

(G)

Number of 

Respondents 

with O&M

(H)

Total 

O&M,

(E X F)

Transfer rack 

–thermocouple, DAS, 

wire

2,500 2 317 797,500 15,875 319 5,064,125

Storage Tank 

thermocouple, 

wire 

156 2 317 49,764 5,825 319 1,858,175

LDAR 1,400 18 546 a

789,600 N/A 91 0

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

a

181 existing 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 facilities, rounded up) will purchase one unit as backup; the remaining facilities performing LDAR in-house (91 

facilities, rounded up) will purchase 5 units to support the program, for a total of 546 units purchased.

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.

The total average annualized capital/startup costs for this ICR are $1,636,864. This is the 

total of Average Annual cost for column E in the above tables.

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

the total of column H, above.

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.

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 

$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), 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: Annual Federal Government Burden and Cost for the 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, but the same number of respondents will also cease to 

be subject. Therefore, the overall average number of respondents remains constant at 381. 

However, 64 of these sources will only incur minimal recordkeeping and no reporting, because 

they are subject to the standard but have no control requirements and no on-going requirements 

beyond an initial notification. A total of one hour of burden was assigned for these 64 sources in 

the ICR for the initial notification.

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

Total Annual Responses

(A)

Information Collection 

Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That Keep 

Records But Do Not 

Submit Reports

(E)

Total Annual Responses

E=(BxC)+D

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

The number of Total Annual Responses is 749.

The total annual labor costs are $8,087,607. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost for NESHAP for Organic Liquids 
14

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

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

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

Maintenance (O&M) Costs.

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

10,520 labor hours at a cost of $474,091. See below Table 2: Annual Federal Government 

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

CFR Part 63, Subpart EEEE) (Renewal).

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 total annual labor costs are $8,087,607. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost for 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 114 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.

(ii) The Agency Tally

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

10,520 labor hours at a cost of $474,091. See below Table 2: Annual Federal Government

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

CFR part 63, subpart EEEE) (Renewal).

6(f) Reasons for Change in Burden

There is no change in the labor hours in this ICR compared to the previous ICR. This is 

due to two considerations: (1) the regulations have not changed over the past three years and are 

not anticipated to change over the next three years; and (2) the growth rate for the industry is very

low, negative or non-existent. Therefore, the labor hours in the previous ICR reflect the current 

burden to the respondents and are reiterated in this ICR. However, there is an apparent increase 

of two hours in the total Agency hours for this ICR. Total Agency hours for this ICR is 10,520 

rather than 10,518 in the previous ICR, because the previous ICR did not retain decimal places in 

intermediate calculations. 
15

There is an increase in both respondent and Agency labor burden costs resulting from 

labor rate increases from 2003 to the most recently available rates. The increase in cost to 

respondents and the Agency is due to labor rate adjustments to reflect the most recent available 

estimates.

6(g) Burden Statement

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

is estimated to average 114 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’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-2009-0543. 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 Avenue, N.W., 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 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, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the 

EPA Docket ID Number EPA-HQ-OECA-2009-0543 and OMB Control Number 2060-0539 in 

any correspondence.

Part B of the Supporting Statement
16

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

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

63, Subpart EEEE) (Renewal)

Burden Item

Technical 

Hrs per 

Occurrence

Number of 

Occurrences 

per 

Respondent 

per Year

Technical 

Hours per 

Respondent 

(C=AxB)

Number of 

Respondents 

per Year

Technical 

Hours per 

Year @ 

$98.20/hr 

Manag. 

Hours per 

Year (5% of 

Technical) 

@ 

$114.49/hr

Clerical 

hours (10% 

of 

Technical) 

@ $48.53/hr

Total 

Hours per 

Year

Total 

Labor Cost 

per Year 

($)k

1. Applications N/A

2. Surveys and Studies N/A

3. Reporting Requirements

 A. Read and Understand Rule 

Requirementsa, b

40 1 40 12 480 24 48 552 $52,213 

 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.

10 1 10 317 3,170 158.5 317 3645.5 $344,825 

(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 1431.75 $135,428 

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, b

20 1 20 12 240 12 24 276 $26,107 

(b). Provide results of the required 

inspections for storage tanks.b

15 1 15 317 4,755 237.75 475.5 5468.25 $517,237 

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 8648 $818,007 
18

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

63, Subpart EEEE) (Renewal)

Burden Item

Technical 

Hrs per 

Occurrence

Number of 

Occurrences 

per 

Respondent 

per Year

Technical 

Hours per 

Respondent 

(C=AxB)

Number of 

Respondents 

per Year

Technical 

Hours per 

Year @ 

$98.20/hr 

Manag. 

Hours per 

Year (5% of 

Technical) 

@ 

$114.49/hr

Clerical 

hours (10% 

of 

Technical) 

@ $48.53/hr

Total 

Hours per 

Year

Total 

Labor Cost 

per Year 

($)k

(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 3243 $306,753 

3.4 Equipment Leaks

(a). Provide a list of all equipment in 

OLD service.a, b

20 1 20 6 120 6 12 138 $13,053 

(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 13892 $1,314,032 

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 34.5 $3,263 

(b). Provide records detailing 

deviations in the proper operating 

conditions of the control devices in 

OLD service.d

5 1 5 96 480 24 48 552 $52,213 

(c). Provide records of all 

performance tests required for the 

control devices.a, d, e

24 1 24 3 72 3.6 7.2 82.8 $7,832 

(d). Performance test of control 

devices, Method 25A.a, d, e

24 1 24 3 72 3.6 7.2 82.8 $7,832 

3.6 Repeat of Performance Test

Method 18--Measurement of Gaseous 

Organic Compound Emissions by Gas 

5 1 5 0 0 0 0 0 $0 
19

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

63, Subpart EEEE) (Renewal)

Burden Item

Technical 

Hrs per 

Occurrence

Number of 

Occurrences 

per 

Respondent 

per Year

Technical 

Hours per 

Respondent 

(C=AxB)

Number of 

Respondents 

per Year

Technical 

Hours per 

Year @ 

$98.20/hr 

Manag. 

Hours per 

Year (5% of 

Technical) 

@ 

$114.49/hr

Clerical 

hours (10% 

of 

Technical) 

@ $48.53/hr

Total 

Hours per 

Year

Total 

Labor Cost 

per Year 

($)k

Chromatographye, f, g

Method 25A--Determination of 

Gaseous TOC by Flame Ionization 

Detectione, f, g

24 1 24 0 0 0 0 0 $0 

Method 27--Determination of Vapor 

Tightness Test for Gasoline Delivery 

Tanksj

2 1 2 75 150 7.5 15 172.5 $16,317 

C. Create Information Incl. in 3.B

D. Gather Information Incl. in 3.B

E. Report Preparation

Initial Notification Reporta, b 16 1 16 12 192 9.6 19.2 220.8 $20,885 

Initial Compliance Reporta, b 20 1 20 12 240 12 24 276 $26,107 

Semiannual Compliance Reporte

40 2 80 317 25,360 1,268 2,536 29164 $2,758,597 

Notification of Performance Testa, e 4 1 4 3 12 0.6 1.2 13.8 $1,305 

Notification of 

Construction/Reconstructiona, i

4 1 4 12 48 2.4 4.8 55.2 $5,221 

Notification of actual startupa, i 4 1 4 12 48 2.4 4.8 55.2 $5,221 

Subtotal Reporting 68,004 $6,432,449 

4. Recordkeeping Requirements

A. Read Instructions Incl. in 3.A

B. Plan Activities Incl. in 3.A

C. Implement Activities Incl. in 3.A

D. Develop Record System Incl in 3.A.

E. Record Information

4.1 Organic Liquids

(a). Maintain records of true vapor 

pressure of organic liquids.

Incl. in 3.1(a)

(b). Maintain records of Table 1 

HAP in organic liquids.

Incl. in 3.1(a), (b)
20

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

63, Subpart EEEE) (Renewal)

Burden Item

Technical 

Hrs per 

Occurrence

Number of 

Occurrences 

per 

Respondent 

per Year

Technical 

Hours per 

Respondent 

(C=AxB)

Number of 

Respondents 

per Year

Technical 

Hours per 

Year @ 

$98.20/hr 

Manag. 

Hours per 

Year (5% of 

Technical) 

@ 

$114.49/hr

Clerical 

hours (10% 

of 

Technical) 

@ $48.53/hr

Total 

Hours per 

Year

Total 

Labor Cost 

per Year 

($)k

4.2 Storage Tanks

(a). Maintain records of all storage 

tanks in OLD service, their 

dimensions, roof types, seal types, 

and fittings.

Incl. in 3.2(a)

(b). Maintain records of organic 

liquids and their respective volumes 

stored in individual storage tanks.

Incl. in 3.2(a)

(c). Maintain records of storage tank 

inspections and repairs.

Incl. in 3.2(b)

4.3 Liquid Transfers

(a). Maintain records of the organic 

liquids and their respective volumes 

transferred through each loading arm.

Incl. in 3.3(a)

(b). Maintain records of cargo tanks 

and their vapor tightness certification.

Incl. in 3.3(b)

4.4 Equipment Leaks

(a). Maintain records of equipment 

associated with organic liquids 

distribution.

Incl. in 3.4(a)

(b). Maintain records of periodic 

Method 21 inspections, including 

leaking equipment found, and time 

required to repair leaking equipment.

Incl. in 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 control.

Incl. in 3.5(a)
21

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

63, Subpart EEEE) (Renewal)

Burden Item

Technical 

Hrs per 

Occurrence

Number of 

Occurrences 

per 

Respondent 

per Year

Technical 

Hours per 

Respondent 

(C=AxB)

Number of 

Respondents 

per Year

Technical 

Hours per 

Year @ 

$98.20/hr 

Manag. 

Hours per 

Year (5% of 

Technical) 

@ 

$114.49/hr

Clerical 

hours (10% 

of 

Technical) 

@ $48.53/hr

Total 

Hours per 

Year

Total 

Labor Cost 

per Year 

($)k

(b). Maintain records of performance 

tests.

Incl. in 3.5(b)

(c) Record startups, shutdowns, and 

malfunctions (deviations).b

4 12 48 317 15,216 760.8 1,522 17,499 $1,655,158 

G. Personnel Training N/A

Subtotal Recordkeeping 17,499 $1,655,158

Totals: 85,503 $8,087,607 

Assumptions:

a

 One time activity for new sources only. Growth rate assumed to be 3 percent.

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, 

 so that 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.

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.

k Assume a technical labor rate of $98.20, managerial rate $114.49, and clerical rate of $48.53 from the United States Department of Labor, Bureau of Labor Statistics, 

September 2009, “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: Annual Federal Government Burden and Cost for the NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities(40 CFR 

Part 63, Subpart EEEE) (Renewal)

Burden Item

Number of Activities 

per Year

EPA Hours per 

Activity

Technical 

Hours per 

Year @ 

$46.21/hr

Management 

Hours per Year @ 

$62.27/hr

Clerical Hours 

per Year @ 

$25.01/hr

Total Hours per 

Year

EPA Cost per 

Year ($/yr)f

1. Applications N/A

2. Surveys and Studies N/A

3. Reporting Requirements 

A. Read and Understand Rule 

Requirements 1 40 40 2 4 46 $2,073 

B. Required Activities

3.1 Organic Liquids

(a). Review documentation of organic 

liquids, their vapor pressure, and percent 

of regulated HAP.a317 6 1,902 95.1 190.2 2,187 $98,570 

3.2 Storage Tanks

(a). Review documentation of storage 

tanks, their roof types, etc.a12 8 96 4.8 9.6 110.4 $4,975 

(b). Review documentation of the 

required storage tank inspections.a317 4 1,268 63.4 126.8 1,458 $65,713 

3.3 Transfer Operations

(a). Review documentation of the organic 

liquids transferred, their volumes, TVP, 

and HAP percentages.b188 4 752 37.6 75.2 864.8 $38,972 

(b). Review documentation of vapor 

tightness testing on cargo tanks.d, b 188 4 752 37.6 75.2 864.8 $38,972 

3.4 Equipment Leaks

(a). Review report of equipment leak 

program.c181 8 1,448 72.4 144.8 1,665 $75,042 

(b). Review report of equipment leak 

repairs.c181 4 724 36.2 72.4 832.6 $37,521 

(c). Review Method 21 documentation.c181 4 724 36.2 72.4 832.6 $37,521 

3.5 Control Devices 0 0 0 0 $0 

(a). Review control devices in OLD 

service.a3 4 12 0.6 1.2 13.8 $622 
23

Table 2: Annual Federal Government Burden and Cost for the NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities(40 CFR 

Part 63, Subpart EEEE) (Renewal)

Burden Item

Number of Activities 

per Year

EPA Hours per 

Activity

Technical 

Hours per 

Year @ 

$46.21/hr

Management 

Hours per Year @ 

$62.27/hr

Clerical Hours 

per Year @ 

$25.01/hr

Total Hours per 

Year

EPA Cost per 

Year ($/yr)f

(b). Review records of deviations.dIncluded in 3.E.

(c). Review control device performance 

test results.d3 4 12 0.6 1.2 13.8 $622 

C. Create Information N/A

D. Gather Information N/A

E. Report Preparation N/A

 Review Initial Notification Report.a12 4 48 2.4 4.8 55.2 $2,488 

 Review Initial Compliance Report.a12 4 48 2.4 4.8 55.2 $2,488 

 Review Semi-annual Compliance 

Report.a634 2 1,268 63.4 126.8 1,458 $65,713 

 Review Notification of Performance 

Test.a3 2 6 0.3 0.6 6.9 $311 

 Review Notification of 

Construction/Reconstruction.e 12 2 24 1.2 2.4 27.6 $1,244 

 Review Notification of Actual Startup.e12 2 24 1.2 2.4 27.6 $1,244 

Subtotal Reporting 10,520 $474,091 

4. Recordkeeping Requirements

A. Read Instructions N/A

B. Plan Activities N/A

C. Implement Activities N/A

D. Develop Record System N/A

E. Record Information N/A

F. Personnel Training N/A

G. Time for Auditors N/A

H. Litigation N/A

Subtotal Recordkeeping N/A N/A

Totals: 10,520 $474,091 

Assumptions:
24

Table 2: Annual Federal Government Burden and Cost for the NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities(40 CFR 

Part 63, Subpart EEEE) (Renewal)

Burden Item

Number of Activities 

per Year

EPA Hours per 

Activity

Technical 

Hours per 

Year @ 

$46.21/hr

Management 

Hours per Year @ 

$62.27/hr

Clerical Hours 

per Year @ 

$25.01/hr

Total Hours per 

Year

EPA Cost per 

Year ($/yr)f

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), 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. These rates can 

be obtained from the OPM web site, http//www.opm.gov/oca/payrates/index/htm.