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 Part 60, Subpart Ja) (Renewal), EPA ICR Number 

2263.05, OMB Control Number 2060-0602. 

1(b) Short Characterization/Abstract

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

on May 14, 2007, promulgated on June 24, 2008 and amended on September 26, 2008, 

September 12, 2012 and December 19, 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 units 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 under 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 particulate matter (PM), nitrogen oxides (NOx), carbon monoxide (CO), sulfur 

dioxide (SO2), hydrogen sulfide (H2S) 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 facilities. They are also required to 

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

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

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

and are required of all affected facilities subject to NSPS.

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

measurements, and retain the file for at least two 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 

States Environmental 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 States 
2

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

profit businesses. The 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 Part 60, Subpart Ja)

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

performed by federal employees or government contractors; this burden is found 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 Part 60, 

Subpart 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 such standards every 

four years. 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) 
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 

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.

In the Administrator's judgment, PM, NOx, CO, SO2, H2S 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 for targeting inspections and as evidence in legal proceedings.

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

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

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

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

determine compliance in place of a continuous emission monitor.

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

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

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

installed and operated 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 and reporting are required under 40 CFR Part 60, Subpart

Ja.

3(a) Nonduplication
4

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 

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 industry 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 it 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) American 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 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
5

These 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 (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 petroleum refineries 

that were constructed, modified, or reconstructed after May 14, 2007. The United States 

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

2911, which corresponds to the North American Industry Classification System (NAICS) 324110

for Petroleum Refineries. 

4(b) Information Requested

(i) Data Items

In 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 Part 60, Subpart Ja).

A source must make the following reports:

Notifications

Initial notifications: 60.7(a)

 Construction/reconstruction 60.7(a)(1) 

 Actual Start-up 60.7(a)(3) 
6

Notifications

 Physical or Operational Change 60.7(a)(4) 

 Demonstration of continuous monitoring system (CMS) 60.7(a)(5) 

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

Initial performance test results 60.8(a) 

Notification of initial performance test 60.8(d) 

Notification 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), 

60.108a(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 document 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 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.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Gather relevant information.
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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 previously applicable instructions and 

requirements.

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

Transmit, or otherwise disclose the information

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

Management

5(a) Agency Activities

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

storage, and distribution of the required information.

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

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

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

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

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

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

determinations.

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

ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS 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 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 recordkeeping and reporting requirements were selected 

within the context of Subpart 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 

entities. 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 will 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 Part 60, Subpart 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, specific 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 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 64,300 (Total Labor Hours from Table 1). These 

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

regulation, Agency knowledge and experience with the 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 $129.93 ($61.87+ 110%)

Technical $103.97 ($49.51 + 110%)

Clerical $51.79 ($24.66 + 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 such 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 $93,120a 18 $1,676,160

CMS $43,000 0 $0 $133,500b 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 of column D in the 

above table. 

The total operation and maintenance (O&M) costs for this ICR are $15,700,000

(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 $15,700,000 (rounded). These 

are recordkeeping costs.

6(c) Estimating Agency Burden and Cost

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

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

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information. 

The average annual Agency cost during the three years of the ICR is estimated to be

$65,900.

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

Managerial $62.90 (GS-13, Step 5, $39.31 + 60%) 

Technical $46.67 (GS-12, Step 1, $29.17 + 60%)

Clerical $25.25 (GS-6, Step 3, $15.78 + 60%)

These rates are from the Office of Personnel Management (OPM), 2014 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 Part 60, Subpart 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 respondents, 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.

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 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 0
12

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 Part 60, Subpart 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, respectively, and summarized below.

(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 Commenced 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, Subpart 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 copies 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 $15,700,000.

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

Commenced after May 14, 2007 (40 CFR Part 60, Subpart 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 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) are 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. The initial rule activities included purchasing monitoring equipment, conducting 

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

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

compliance requirements, which include continuously monitoring of pollutants and the 

submission of semiannual reports 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 rule 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 these 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 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 
14

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

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

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

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

Docket ID Number EPA-HQ-OECA-2011-0228. 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 information, submit or view public comments, access the index listing of the 

contents of the docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” then key in the docket ID number identified 

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

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

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

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) 566-1927. Also, you can send comments to the Office of 

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

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

Number EPA-HQ-OECA-2011-0228 and OMB Control Number 2060-0602 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)

Personhours per 

occurrence

(B)

Number of 

occurrences 

per year per 

respondenta

(C) 

Personhrs. per 

respondent 

per year

(C=AxB)

(D)

Respondents 

per yearb

(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 Testf 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 Reportg
16

 Notification of construction, 

reconstruction, or modification

2 9.89 19.780000 $0

 Notification of anticipated 

startup

2 9.89 19.780000 $0

 Notification of actual startup2 9.89 19.780000 $0

 Notification of initial 

performance test

2 8.89 17.780000 $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

$15,700,000 
17

Grand TOTAL j $22,100,000 

Assumptions

a Occurrences per respondent per year is calculated as the number of occurrences per source per year multiplied by the number of 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 labor 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 employed by private industry.

d We have assumed 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 performance 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 complete 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 Part 60, Subpart Ja) (Renewal)

Activity

(A)

Personhours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C) 

Personhours 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 

personhours 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 Emissions 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 subject to the rule over the next three 

years. 

b This cost is based on the following hourly labor rates times a 1.6 benefits multiplication 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 Management (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 emission reports.

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