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
N ESHAP for Organic Liquids Distribution (Non

- Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (Renewal) , EPA I CR Number 1963.04, OMB Control Number 2060

- 0539 1(b) Short Characterization/Abstract The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Organic Li quids 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 wi th 40 CFR part 63, subpart EEEE.
Ingeneral, 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 sy stem is inoperative. These notifications, reports, and records are essential in determining compliance, and are r equired 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 r eports, and records. All reports are sent to the delegated state or local authority

. Inthe event that there is no such delegated authority , the reports are sent directly to the United2

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 res pondents 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 (I CR) 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

- Gasoli ne) 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 B urden 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 a s 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

Inthe 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 d etermine 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 polluti on 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 emissi ons, 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 . I f a s tate 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 I CR was published4

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 dat a for the industry segments with organic liquid distribution (OLD) functions (chemical manufacturing, petroleum refining, etc.) ty pically are not specific to activities that qualify as distribution, which is the source category affected by

this I CR. There fore, 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 a pply 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 I CR, the Agency relied on the same data specific to the OLD activities which were receive d 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 I CR, 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 Facil ity Sy stem (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.
In dustry trade associations and other interested parties were provided an op portunity 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 represe ntatives (i.e., respondents) were conducted to determine if there is any way for EPA to reduce the recordkeeping and reporting burden or improve the language in the standard to make it easier to comply . L iane 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 I CR renewal. No comments were received which required any changes be made to the I CR renewal.
Itis our policy

to carefully review any

comments received since the last I CR renewal including those submitted in response to the f irst Federal Register n otice and respond appropriately . In this case, no comments were received.
3(d) Effects of Less Frequent Collection5

Less freque nt 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 a re applied and emission limitations are met. I f 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) G eneral 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 notific ations for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five

- ye ar records retention requirement is consistent the Part 70 permit program and the five

- ye ar 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 mos t flagrant violators have violations extending beyond five ye ars. 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 Informat ion 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 Ame rican Industry Classification Sy stem (NAI CS) and the corresponding Standard Industrial Classification (SI C) code for the respondents affected by the standards are listed in the following table:6

Industry Segment NAICS Codes SIC Codes Chemical Production 3 25211, 325192, 325188 2821, 2865, 2869 Petroleum Refineries 32411 2911 Li quid Terminals 49311, 49319 4226 Crude oil pipeline stations 48611 4612 Petroleum terminals 42269, 42271 5169, 5171 4(b) Information Requested (i) Data Items
Inthis I CR, a ll 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 c opies of all submitted reports and notifications for five years 63.10(b) and 63.2394(b)
In itial 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 per formance 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 sy stem (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 statu s (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)7

A source must keep the following records:

Requirements Regulation Reference Record retention 63.10(b)(1) and 63.2394(b) Documentation supporting initial notifications an d 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 rel ated 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 mainte nance 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 Activities8 Respondent Activities In stall, calibrate, maintain, and operate CPMS f or 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, acqu iring, installing, and utilizing technology and sy stems for the purpose of collecting, validating, and verifying information. Develop, acquire, install, and utilize technology and sy stems for the purpose of processing and maintaining information. Develop , acquire, install, and utilize technology and sy stems 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 monitorin g and recordkeeping at a plant site. Also, regulatory

agencies in cooperation with the respondents continue to create reporting sy stems 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 c onnection 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, analy

ze, and maintain data in the Air Facility Sy stem (AFS).9

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 emi ssion 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 proble m identification, as a check on source operation and maintenance, and for compliance determinations.
In formation 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 fo r 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 region al offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analy ze the data. The records required by

this regulation must be retained by the owner/operator for five ye ars. 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 ty pes of control equipment employed, the recordkeeping and reporting requir ements 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 th em 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 way s. 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 be10

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 devel opment 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 Li quids 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 f or the recordkeeping and reporting requirements applicable to the industry for the subpart included in this I CR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Redu ction 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 informati on unless it display s 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 I CR, and any

comments received. 6(b) Estimating Respondent Costs (i) Estima ting Labor Costs This I CR 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, Se ptember 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 indu stry

.11 (ii) Estimating Capital/Startup and Operation and Maintenance Costs This section covers the costs associated with all ty pes of continuous monitoring equipment (e.g., CEMS and continuous parameter monitors). The ty pe of industry

costs associated w ith the information collection activities in the subject standards are both labor costs which are addressed elsewhere in this I CR and the costs associated with continuous monitoring. The capital/startup costs are one

- time costs when a facility becomes sub

ject 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 sy stem (DAS) (data logger, computer, logging and reporting software, and printer). The capital costs for the monitoring equ ipment 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 stora ge 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

- ye ar 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 ye ar 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 I CR. The capital costs associated with monitoring equipment for leak detection and repair (LDAR) include the cost of the purchase of a organic volatile analy zer (OVA). The estimated average cost of an OVA is $7,000 with a five

- ye ar 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 in

h ouse, 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 Costs12
(A) Continuous Monitoring Device (B)

Annualized Capital / Startup Cost for One Respondent (C)

Number of New Respondents (D)

Number of Existing Respondents (E)

Total Annualiz ed 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

–thermo

couple, 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 tran sfer 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 tot al average annualized capital/startup costs for this I CR 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 I CR 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 I CR is estimated to be $8,559,164. 6(c) Estimating Agency Burden and Cost The only costs to the Agency

are those co sts associated with analy sis 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 I CR is estimated to be $474,091. This cost is based on the average hourly labor rate as follows:13
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) F acilities (40 CFR Part 63, Subpart EEEE) (Renewal)

. 6(d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this I CR, 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 the se 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 I CR 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 3 17 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 Liquids14

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 $8,5 59,164. 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 bel ow 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 infor mation 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) Cos ts.

(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 Distribut ion (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 I CR compared to the previous I CR. This is due to two considerations: ( 1) the regulations have not c hanged 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 I CR reflect the current burden to the respondents and are reiterated in this I CR. However, there is an apparent increase of two hours in the total Agency hours for this I CR. Total Agency hours for this I CR is 10,520 rather than 10,518 in the previous I CR, because the previous I CR did not ret ain 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 sy stems 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 in formation, 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 I CR 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 do cket, and to access those documents in the public docket that are available electronically . When in the sy stem , select “search,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enfo rcement 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 Fri day , excluding legal holiday s. 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 Manag ement 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 Statement16

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) (Rene wal)

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 Requirements a, 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 7,520 376 752 864 8 $818,00718 Table 1: Annual Respondent Burden and Cost for the NESHAP for Organic Liquids Distribution (Non
- Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (Rene wal)

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 w as repaired in time required. c 10 4 40 302 12,080 604 1,208 13892 $1,314,032

3.5 C ontrol 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 $019 Table 1: Annual Respondent Burden and Cost for the NESHAP for Organic Liquids Distribution (Non
- Gasoline) Facilities (40 CFR Part 63, Subpart EEEE) (Rene wal)

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 Detection e, 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 Ini tial Notification Report a, b 16 1 16 12 192 9.6 19.2 220.8 $20,885 Initial Compliance Report a, b 20 1 20 12 240 12 24 276 $26,107 Semiannual Compliance Report e 40 2 80 317 25,360 1,268 2,536 29164 $2,758,597 Notification of Performance Test a, e 4 1 4 3 12 0.6 1.2 13.8 $1,305 Notification of Construction/Reconstruction a, i 4 1 4 12 48 2.4 4.8 55.2 $5,221 Notification of actual startup a, 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) (Rene wal)

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 serv ice, 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 i nspections 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 an d 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 co ntrol. 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) (Rene wal)

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, shutdow ns, 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 affec ted facilities have LDAR programs.
c Estimates do not include facilities that already operate an LDAR program. d Onl y 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 o f 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 tes ting 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 Departme nt of Labor, Bureau of Labor Statistics, September 2009, “Table 2. Civilian Workers, by Occupational an d 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
- Gas oline) 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. a 317 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. a 12 8 96 4.8 9.6 110.4 $4, 975 (b). Review

documentation of the required storage tank inspections. a 317 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. b 188 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. c 181 8 1,448 72.4 144.8 1,665 $75,042 (b). Review

report of equipment leak repairs. c 181 4 724 36.2 72.4 832.6 $37,521 (c). Review

Method 21 documentation. c 181 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. a 3 4 12 0.6 1.2 13.8 $62223
Table 2: Annual Federal Government Burden and Cost for the NESHAP for Organic Liquids Distribution (Non
- Gas oline) 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. d Included in 3.E. (c). Review

control device performance test results. d 3 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. a 12 4 48 2.4 4.8 55.2 $2,488 Review Initial Compliance Report. a 12 4 48 2.4 4.8 55.2 $2,488 Review Semi

- annual Compliance Report. a 634 2 1,268 63.4 126.8 1,458 $65,713 Review Notification of Performance Te st. a 3 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. e 12 2 24 1.2 2.4 27.6 $1,244 Subtotal Reporting 10,520 $474,091 4. Recordkeeping Require ments 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. L itigation 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
- Gas oline) 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/r econstruction, 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 governme nt employees. These rates can be obtained from the OPM w eb site, http//www.opm.gov/oca/payrates/index/htm.