SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Petroleum Refineries for which Construction, Reconstruction, or Modification

Commenced after May 14, 2007 (40 CFR Part 60 , Subpart Ja ) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NSPS for Petroleum Refineries for which Construction, Reconstruction, or Modification

Commenced after May 14, 2007(40 CFR P art 60, S ubpart Ja) (Renewal), EPA ICR Number

2263.0 5 , OMB Control Number 2060

- 0602

.

1(b) Short Characterization/Abstract

The New Sour ce Performance Standards (NSPS) for Petroleum Refineries were proposed

on May 14, 2007

, promulgated on June 24, 2008 and am ended on September 26, 2008,

September 12, 2012 and December 1 9, 2013

. The 2013 direct final rule amends the definition of

“delayed coking unit” by removing process piping and associated equipment (pumps, valves, and

connectors) from the definition. The Subpart Ja regulations apply to u nits that are constructed,

reconstructed, or modified after May 14, 2007 for fuel gas combustion devices (FGCDs) other

than a flare and June 24, 2008 for a flare, which no longer is a subcategory of FGCDs and EPA

has established a separate suite of standards u nder Subpart Ja

. The affected facilities include:

fluid catalytic cracking units, fluid coking units, delayed coking units, process heaters and other

FGCDs

, flares and sulfur recovery plants. Emissions limitations would be used to control

emissions of pa rticulate matter (PM), nitrogen oxides (NO

x ), carbon monoxide (CO), sulfur

dioxide (SO 2 ), hydrogen sulfide (H 2 S) and/or reduced sulfur compounds (RSC). New facilities

include those that commenced construction, modification or reconstruction after the date of

proposal. This information is being collected to assure compliance with 40 CFR Part 60, Subpart

Ja.

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

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

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

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

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

and are required of all affected facilities subject to NSPS

.

An y owner/operator subject to the provisions of this part shall maintain a file of these

measurements, and retain the file for at least t wo y ears 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

States Env ironmental Protection Agency (EPA) regional office.

All of the petroleum refinery facilities in the United States are owned and operated by the

petroleum refinery industry (the “Affected Public” ). None of the facilities in the United States2

are owned by state, local, tribal or the federal government. They are all privately

- owned, for

profit businesses. T he burden to the “Affected Public” may be found below in Table 1: Annual

Respondent Burden and Cost

– NSPS for Petroleum Refineries for which Construction

, Reconstruction, or Modification Commenced after May 14, 2007 (40 CFR P art 60, S ubpart Ja)

(Renewal). The burden to the “Federal Government” burden is attributed entirely to work

performed by federal employees or government contractors; this burden is fou nd below in Table

2: Average Annual EPA Burden and Cost

– NSPS for Petroleum Refineries for which

Construction, Reconstruction, or Modification Commenced after May 14, 2007 (40 CFR P art 60,

S ubpart Ja) (Renewal).

Based on our consultations with industry representatives, there are an average of 2. 67

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

owner/operator of the plant site).

Over the next three years, approximately 150 respondents (refineries) per year will be

subject to the standard , and no additional respondents per year will become subject to the

standard. This ICR includes estimates of the monitoring, recordkeeping, and reporting burden for

affected entities, covering fuel gas combustion devices at 18 plants and 400 flares at 150

refineries.

The Office of Management and Budget ( OMB ) approved the currently active ICR

without any “ Terms of Clearance ”

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 111 of the Clean Air Act (CAA), as amended, to

establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous

emissions reduction which (taking into consideration the cost of

achieving such emissions reduction, or any non

- air quality health

and environmental impact and energy requirements) the

Administrator determines has been adequately demonstrated.

Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT). Section

111 also requires that the Administrator review and, if appropriate, revise su ch standards every

four years. In addition, section 114(a) states that the Administrator may require any

owne r/operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C)3

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

w hen 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 Admini strator may

reasonably require.

In the Administrator's judgment, PM

, NO

x , CO

, SO 2 , H 2 S and RSC emissions from

petroleum refineries cause or contribute to air pollution that may reasonably be anticipated to

endanger public health or welfare. Therefore, the NSPS were promulgated for this source

category at 40 CFR Part 60, Subpart Ja

.

2(b) Practical Utility/Users of the Data

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

applicable regulations which were promulgated in accordance with the Clean Air Act. The

collected information is also used f or targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility ’ s initial

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

ensure compliance with the standard at all times. During the performance test a record of the

operating parameters under which compliance was achieved may be recorded and used to

determine compliance in place of a continuous emission monitor.

The notifications required in the standard are used to inform the Agency or delegated

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

authority may then inspect the source to check if the pollution control devices are properly

installed an d operated and/or leaks are being detected and repaired and the standard 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. Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping an d reporting are required under 40 CFR Part 60

, Subpart

Ja

.

3(a) Nonduplication4

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 s imilar 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

in the Federal Register ( 80 FR 32116 ) on June 5, 2015

. No comments were received on the

burden published in the Federal Register

.

3(c) Consultations

The Agency has consulted i ndustry experts and internal data sources to project the

number of affected facilities and industry growth over the next three years. The primary source

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

provisions in the standard, is the Integrated Compliance Information System (ICIS). ICIS is

EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial

and government

- owned facilities

. The growth rate for the industry is based on our consultations

with the Agency’s internal industry experts.

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

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

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

purposes. In developing this ICR, we contacted: 1) American Fuel and Petrochemical

Manufacturers , at ( 202 )

- 457

- 0480 ; and 2) Ameri can Petroleum Institute , at ( 202 )

- 682

- 8000

.

It is our policy to respond after a thorough review of comments received since the last

ICR renewal as well as those submitted in response to the first Federal Register notice. In this

case, no comments were received.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that

facilities are continuing to meet the standards. Requirements for information gathering a nd

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 Guidelines5

T hese reporting or recordkeeping requirements do not violate any of the regulations

promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

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 (s ee 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

T he 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 petroleum refineries

that were constructed, modified, or reconstructed after May 14, 200 7. The United States

Standard Industrial Classification ( SIC ) code for the respondents affected by the stand ards is SIC

2911

, which corresponds to the North American Industry Classification System (NAICS ) 324110

for P etroleum R efineries

.

4(b) Information Requested

(i) Data Items

I n this ICR , all the data that is recorded or reported is required by the NSPS for

Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after

May 14, 2007 (40 CFR P art 60, S ubpart Ja)

.

A source must make the following reports:

Notification s

Initial notifications : 60.7 (a)

Construction/reconstruction 60.7(a)(1)

Actua l Start

- up 60.7(a)(3)6

Notification s

Physical or Operational Change 60.7(a)(4)

Demonstration of con tinuous monitoring system (CMS) 60.7(a)(5)

Excess emissions report 60.7(c), 60.108a( d )

I nitial performance test results 60.8(a)

Notification of initial perform ance test 60.8(d)

No tification of Compliance status 60.11(a),(b),(c)

Periodic start

- up, shutdown, malfunction reports 60.8(c)

Written work practice plans/root cause analyses/corrective action

analyses 60.103a(a)

- ( e ),

60.10 8 a( b )

A source must keep the following records:

Recordkeeping

Start

- ups, shutdowns, malfunctions, periods where the continuous

monitoring system is inoperative 60.7(b)

All reports and notifications 60.7

Emission test methods and other data needed to determine emissions 60.104a

Written plans, information to do cument conformance with operation

and maintenance requirements, monitoring exemptions, discharges to

flare gas system, results of root cause analyses and corrective action

analyses 60.108a

Electronic Reporting

Some of the r espondents 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.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Gather relevant information.7

Respondent Activities

Perform initial performance test, Reference Method 1

- 6, 8

- 11, 15.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and

providing information.

Adjust the existing ways to comply with any p reviously applicable instructions and

requirements.

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

Transmit, or otherwise disclose the information

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

Management

5(a) Agency Activities

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

storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Conduct on

- site inspections as necessary.

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

flare management plans, and requests for site

- specific process heater emissions limits required

to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO)

and ICIS.

5(b) Collection Methodology and Management8

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

determine whether the pollution control devices are properly inst alled and operated. Performance

test reports are used by the Agency to discern a source ’ s initial capabi lity to com ply with the

emission standard. Data and records maintained by the respondents are tabulated and published

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

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

determinations.

Information contained in the reports is reported by state and local governments in the

ICIS Air database, which is operated and maintained by EPA's Office of Compliance. IC IS is

EPA ’ s database for the collection, maintenance, and retrieval of compliance data for industrial

and government

- owned facilities. EPA uses ICIS 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 two

years.

5(c) Small Entity Flexibility

A majority of the affected facilities are lar ge 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 recordkeeping and reporting requirements were selected

within the context of S ub part Ja and the specific process equipment and pollutants. 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

enti ties. The EPA considers these requirements the minimum needed to ensure compliance and,

therefore, cannot reduce them further for small entities. To the extent that larger businesses can

use economies of scale to reduce their burden, the overall burden wil l be reduced.

5(d) Collection Schedule

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

shown in below Table 1: Annual Respondent Burden and Cost

– NSPS for Petroleum Refineries

for which Construction, Reconstruction, or Modification Commenced after May 14, 2007 (40

CFR P art 60, S ubpart Ja) (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, specif ic tasks and

major assumptions have been identified. Responses to this information collection are mandatory.9

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 vali d OMB Control Number.

6(a) Estimating Respondent Burden

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

and reporting requirement s is estimated to be 64,300 ( Total Labor Hours from Table 1). T hese

hours are based on Agency studies and background documen ts from the development of the

regulation, Agency knowledge and experience with the NSPS 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 $1 2 9

. 93 ($ 61.87 + 110%)

Technical $ 10 3

. 97 ($4 9

. 51 + 110%)

Clerical $ 5 1

. 79 ($2 4

. 66 + 110%)

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

2014

, “ 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.

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

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

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

associated with continuous monitoring. The capital/startup costs are one

- time costs when a

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

ongoing costs to maintain the monitor(s) and other costs su ch as photocopying and postage. The

capital costs and the operation and maintenance costs for this ICR include the CMS for affected

flares and the CEMS costs for the other affected facilities, including process heaters.

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

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

(A)

Continuous

Monitoring (B)

Capital/Startup

Cost for One (C)

Number of

New (D)

Total

Capital/Startup (E)

Annual O&M

Costs for One (F)

Number of

Respondents (G)

Total O&M,10

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

Device Respondent Respondents Cost, (B X C) Respondent with O&M (E X F)

CEMS $19,000 0 $0 $93,120 a 18 $1,676,160

CMS $43,000 0 $0 $ 133,500 b 105 $ 14

, 017

, 500

Total c $ 15,700,000

a This number assumes 6 CEMS per respondent at an O&M cost of $15,520 per year per CEMS . There are 18

refineries expected to incur in O&M costs for CEMS

b This number is based on 2. 67 flares per respondent at an O&M cost of $50,000 per year per CMS . There are 400

flares at 150 refineries. Only 70 percent of the total affected flares are expected to be required to install CMS. The

other 30 percent are expected to use the monitoring alternative for emergency flares and flares with flare gas

recovery system.

c Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

The total capital/startup costs for this ICR are $0

. This is the total o f column D in the

above table.

The total operation and maintenance ( O&M) costs for this ICR are $ 15,7 00,000

(rounded)

. This is the total of column G.

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

industry over the next three years of the ICR is estimated to be $ 15,7 00,000 (rounded)

. These

are recordkeeping costs

.

6(c) Estimating Age ncy Burden and Cost

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

information. EPA's overall compliance and enforcement program i ncludes activities such as the

examination of records maint ained by the respondents, p eriodic 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

$65,900

.

This cost is based on the average hourly labor rate as follows:

Managerial $ 6 2. 90 (GS

- 13, Step 5, $ 3 9

. 31 + 60% )

Technical $ 4 6

. 67 (GS

- 12, Step 1, $ 2 9

. 17 + 60% )

Clerical $2 5. 25 (GS

- 6, Step 3, $ 15. 78 + 60% )

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

, 20 1 4 General Schedule

, which excludes locality rates of pay. The rates have been increased by 60 percent to account for

the benefit packages available to government employees

. Details upon which this estimate is

based appear below in Table 2: Average Annual EPA Burden and Cost

– NSPS for Petroleum

Refineries for which Construction, Reconstruction, or Modification Commenced after May 14,11

2007 (40 CFR P art 60, S ubpart Ja) (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

150 existing respondents will be subject to the standard. It is estimated that no additional

respondents per year will become subject. The overall average number of res ponden ts, as shown

in the table below, is 150 per year.

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

years covered by this ICR.

Number of Respondents

Respondents That Submit Reports Respondents That Do

Not Submit Any Reports

Year (A)

Number of New

Respondents 1 (B)

Number of

Existing

Respondents (C)

Number of Existing

Respondents that keep

records but do not

submit reports (D)

Number of

Existing

Respondents That

Are Also New

Respondents (E)

Number of

Respondents

(E=A+B+C

- D)

1 0 150 0 0 150

2 0 150 0 0 150

3 0 150 0 0 150

Average 0 150 0 0 150

1 New respondents include sources with constructed, reconstructed and modified affected facilities.

C olumn D is subtracted to avoid double

- counting respondents

. As shown above, the

average Number of Respondents over the three year period of this ICR is 150

.

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 of construction/

reconstruction 0 0 0 0

Notification of anticipated

startup 0 0 0 0

Notification of actual startup 0 0 0 012

Total Annual Responses

Notification of performance

test 0 0 0 0

Semiannual reports of excess

emission 150 2 0 300

Total 300

The number of Total Annual Responses is 300

.

The total annual labor costs are $6,440,000. Details regarding these estimates may be

found below in Table 1: Annual Respondent Burden and Cost

– NSPS for Petroleum Refineries

for which Construction, Reconstruction, or Modification Commenced after May 14, 2007 (40

CFR P art 60, S ubpart Ja) (Renewal)

.

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the

Agency are shown in Tables 1 and 2 below , r espectively, and summarized belo w.

(i) Respondent Tally

The total annual labor hours are 64,300. Details regarding these estimates may be found

in Table 1. Annual Respondent Burden and Cost

– NSPS for Petroleum Refineries for which

Construction, Reconstruction, or Modification Comme nced after May 14, 2007 for FGCDs and

other than a flare and June 24, 2008 for a flare, which no longer is a subcategory of FGCDs (40

CFR Part 60, S ubpart Ja) (Renewal)

.

We assume that burdens for managerial tasks take 5% of the time required for technical

tasks because the typical tasks for managers are to review and approve reports. Clerical burdens

are assumed to take 10% of the time required for technical tasks because the typical duties of

clerical staff are to proofread the reports, make copi es and maintain records.

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

information is estimated to average 214 hours per response

.

The total annual capital/startup and O&M costs to the regulated entity are $ 15,7 00,000

. 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

1,450 labor hours at a cost of $65,900. See Table 2: Average Annual EPA Burden and Cost

–13

NSPS for Petroleum Refineries for which Construction, Reconstruction, or Modification

Commenced after May 14, 2007 (40 CFR P art 60, S ubpart Ja) (Renewal)

.

We assume that burdens for managerial tasks take 5% of the time required for technical

tasks because the typical tasks for managers are to review and approve reports. Clerical burdens

are assumed to take 10% of the time required for technical tasks because the typical du ties of

clerical staff are to proofread the reports, make copies and maintain records.

6(f) Reasons for Change in Burden

There is an adjustment decrease in the number of responses, capital costs, and O&M

costs as currently identified in the OMB Inventory of Approved Burdens. This decrease is not

due to any program changes. The change in the burden and cost estimates for the renewal of this

ICR occurred because we assumed that all refineries (respondents) a re in full compliance with

the rule initial flare compliance requirements since the standard has been in effect for more than

three years

. The active ICR reflected those burdens and costs associated with the initial activities

for respondents

. Th e initial rule activities include d purchasing monitoring equ ipment, conducting

performance test(s) and establishing recordkeeping systems. Therefore, t his ICR renewal

addresses the on

- going burden and costs for existing respondents to comply with ongoing

compliance requirements, which include continuously monitorin g of pollutants and the

submission of semiannual re ports since we assumed no new respondents

.

However, there is an increase in the respondent labor hours since we assumed all

respondents are now complying with the ongoing flare ru le requirements each year compared to

one third per year in the active ICR. In addition, the labor burden calculation in the renewal

includes additional hours associated with managerial and clerical work compare to the active

ICR that did not break down t hese types of labor costs , which also contributes to labor burden

increase.

6(g) Burden Statement

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

is estimated to average 214 hours per response

. Burden means the to tal 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 technolo gy 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

requi rements; 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 i s not required to respond to, a

collection of information unless it displays a valid OMB Control Number. The OMB Control14

Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

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

burden estimates, and any suggested methods for minimizing respondent burden, including the

use of automated collection techniques, EPA has established a public docket for t his ICR under

Docket ID Number EPA

- HQ

- OECA

- 201 1

- 0228. 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 informati on, 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 identifi ed

in this document. The documents are also available for public viewing at the Enforcement and

Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West,

Room 3334 , 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Cent er 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 i s (202) 566

- 1927

. Also, you can send c omments to the Office of

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

Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID

Number EPA

- HQ

- OECA

- 20 11

- 0228 and OMB Control Number 2 060

- 0602 in any

correspondence.

Part B of the Supporting Statement

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

information.15

Table 1: Annual Respondent Burden and Cost

– NSPS for Petroleum Refineries for which Construction, Reconstruction, or

Modification Commenced after May 14, 2007 (40 CFR Part 60, Subpart Ja) (Renewal)

Burden Item (A)

Person

hours per

occu rrence (B)

Number of

occurrences

per year per

respondent a (C)

Person

hrs. per

respondent

per year

(C=AxB) (D)

Respondents

per year b (E)

Technical

person

- hrs.

per year

(E=CxD) (F)

Management

person

- hrs.

per year

(F=Ex0.05) (G)

Clerical

person

- hrs.

per year

(G=Ex0.1) (H)

Annual costs

($) c

1. Applications N/A

2. Survey and Studies

A. Flare Management Plan 160 2.89 462.4 0 0 0 0 $0

B. Root Cause Analysis (flow) 45 4 180 150 27,000 1,350 2,700 $3,114,328.50

C. Root Cause Analysis (sulfur) 24 3 72 150 10,800 540 1,080 $1,245,731.40

3. Reporting Requirements

A. Familiarize with rule

requirements 1 1 1 150 150 7.5 15 $17,301.8

B. Required Activities

Initial performance tests d 40 6 240 0 0 0 0 $0

Repeat of performance tests e 40 0.2 8 0 0 0 0 $0

CEMS Audits (RAA or CGA) 36 6 216 0 0 0 0 $0

Initial Relative Accuracy Test f 24 3.97 95.28 0 0 0 0 $0

CMS Audits (RAA or CGA) f 36 3.97 142.92 0 0 0 0 $0

C. Create Information See 3B

D. Gather Existing Information See 3E

E. Write Report g16

Notification of construction,

reconstruction, or modification 2 9.89 19.78 0 0 0 0 $0

Notification of anticipated

startup 2 9.89 19.78 0 0 0 0 $0

Notification of actual startup 2 9.89 19.78 0 0 0 0 $0

Notification of initial

performance test 2 8.89 17.78 0 0 0 0 $0

Report of performance test See 3B

Semiannual Emission Reports h 16 2 32 150 4,800 240 480 $553,658.40

Subtotal for Reporting

Requirements 49,163 $4,931,020

4. Recordkeeping Requirements

A. Familiarize with rule

requirements See 3A

B. Plan Activities See 3B

C. Implement Activities See 3B

D. Develop Record System N/A

E. Time to Enter Information

Records of operating

parameters i 0.25 350 87.5 150 13,125 656 1,313 $1,513,909.69

F. Train Personnel N/A

G. Audits N/A

Subtotal for Recordkeeping

Requirements 15,094 $1,513,910

TOTAL LABOR BURDEN

AND COST (rounded j ) 64,300 $6,440,000

Capital and O&M Cost j $ 15

, 7 00 ,00017

Grand TOTAL j $ 2 2

, 1 00 ,000

Assumptions

a Occurrences per respondent per year is calculated as the number of occurrences per source per year multiplied by the number o f affected sources per respondent

(refinery).

b Assume that there are approximately 150 plants (respondents) which become subject over a 3

- year period. There will be no additional new affected source that

will become subject to the rule over the three years of this ICR.

c This ICR uses the following la bor rates: $129.93 per hour for Executive, Administrative, and Managerial labor; $103.97 per hour for Technical labor, and $51.79

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2014 , Table 2. Civilian Workers, by

Occupational and Industry groups. 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 empl oyed by private industry.

d We have a ssumed that it will take 40 hour for each respondent to perform initial performance tests. There are 6 CEM units at 18 plants (respondents).

e We have assumed that 20 percent of sources would have to repeat perform ance test due to failure.

f Assume that there are two monitors needed for each source, one to monitor sulfur content and one to monitor flow rate.

g We have assumed that each respondent will take 2 hours to write report.

h We have assumed that each respondent will take 8 hours twice per year to co mplete semiannual reports.

i Assume operation 350 days per year as specified in the NSPS review document.

j Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.18

Table 2: Average Annual EPA Burden and Cost

– NSPS for Petroleum Refineries for which Construction, Reconstruction, or

Modification Commenced after May 14, 2007 (40 CFR P art 60, S ubpart Ja) (Renewal)

Activity (A)

Person

hours per

occurrence (B)

No. of

occurrences

per

respondent

per year (C)

Person

hours per

respondent

per year

(C=AxB) (D)

Respondents

per year a (E) Technical

Person

- hours

per year

(E=CxD) (F)

Management

person

- hours

per year

(Ex0.05) (G)

Clerical

person

hours per

year

(Ex0.1) (H)

Cost, $ b

New Plants:

Report Review

Notification of construction,

reconstruction, or modification c 2 2.89 5.78 0 0 0 0 $0

Notification of anticipated startup d 0.5 2.89 1.445 0 0 0 0 $0

Notification of actual startup d 0.5 2.89 1.445 0 0 0 0 $0

Notification of accuracy test d 0.5 1.98 0.99 0 0 0 0 $0

Flare management plans e 1 2.89 2.89 0 0 0 0 $0

Review test results 8 1.98 15.84 0 0 0 0 $0

Emission Reports 4.2 2 8.4 0 0 0 0 $0

Existing Plants:

Semiannual Emission s Reports f 4.2 2 8.4 150 1260 63 126 $65,948.40

TOTAL ANNUAL BURDEN AND

COST (rounded g ) 1,450 $65,900

Assumptions:

a We have assumed that there are approximately 150 respondents, with no additional new or reconstructed sources becoming subjec t to the rule over the next three

years.

b This cost is based on the following hourly labor rates times a 1.6 benefits multiplicat ion factor to account for government overhead expenses: $62.90 for

Managerial (GS

- 13, Step 5, $39.31 x 1.6), $46.67 for Technical (GS

- 12, Step 1, $29.17 x 1.6) and $25.25 Clerical (GS

- 6, Step 3, $15.78 x 1.6). These rates are

from the Office of Personnel M anagement (OPM) 2014 General Schedule, which excludes locality rates of pay.19

c We have assumed that all existing new sources will take 2 hours to complete report.

d We have assumed that all existing sources will each take 0.5 hours to complete report.

e Some plans will need more review than others, depending on complexity of flare connections and baseline calculations; assume 1 hour is the average amount of

time spent per plan.

f We have assumed that all existing plants will be required to complete emissi on reports.

g Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.