Supporting Statement For

EPA Information Collection Request Number 1601.08,

Air Pollution Regulations for Outer Continental Shelf (OCS) Activities

December 2011
i

Table of Contents

Section Page

1. IDENTIFICATION OF THE INFORMATION COLLECTION.............................................1

1(A) TITLE AND NUMBER OF THE INFORMATION COLLECTION .....................................1

1(B) CHARACTERIZATION OF THE INFORMATION COLLECTION....................................1

2. NEED FOR AND USE OF THE COLLECTION.......................................................................3

2(A) NEED/AUTHORITY FOR THE COLLECTION...............................................................3

2(B) USE/USERS OF THE DATA..................................................................................................4

3. NONDUPLICATION, CONSULTATION, AND OTHER COLLECTION 

 CRITERIA......................................................................................................................................6

3(A) NONDUPLICATION .............................................................................................................6

3(B) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB ...........................6

3(C) CONSULTATIONS................................................................................................................6

3(D) EFFECTS OF LESS FREQUENT COLLECTION.................................................................7

3(E) GENERAL GUIDELINES......................................................................................................8

3(F) CONFIDENTIALITY .............................................................................................................8

3(G) SENSITIVE QUESTIONS......................................................................................................8

4. THE RESPONDENTS AND THE INFORMATION REQUESTED .......................................8

4(A) RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES ............8

4(B) INFORMATION REQUESTED.............................................................................................9

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION, 

METHODOLOGY AND INFORMATION MANAGEMENT...............................................16

5(A) AGENCY ACTIVITIES .......................................................................................................16

5(B) COLLECTION METHODOLOGY AND MANAGEMENT...............................................17

5(C) SMALL ENTITY FLEXIBILITY.........................................................................................18

5(D) COLLECTION SCHEDULE................................................................................................18

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION.................................18

6(A) ESTIMATING RESPONDENT BURDEN AND COSTS....................................................18

6(B) ESTIMATING STATE AND LOCAL AIR POLLUTION CONTROL AGENCY

 BURDEN AND COSTS.......................................................................................................24

6(C) ESTIMATING THE EPA BURDEN AND COSTS..............................................................25

6(D) REASONS FOR CHANGE IN BURDEN ............................................................................27
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List of Tables

Table Page

1. Requirements References for Burden Activities Associated with OCS Air Regulations..28

2. Respondent Data And Information Requirements For Preparing PSD Construction 

Permits...............................................................................................................................29

3. Respondent Data and Information Requirements for Preparing Part D Construction 

Permits...............................................................................................................................30
iii

List of Exhibits

(Enclosed in separate MS Excel spreadsheet file)

Labor Rates................................................................................................................................. A-1

Universe of Respondents ............................................................................................................ A-2

Exhibit Page

1. New and Previously Permitted Exploration Sources Under EPA Authority (Respondents’ 

Burden) ................................................................................................................................Ex-1

2. New and Previously Permitted Alternative Energy Sources Under EPA Authority

(Respondents’ Burden) ........................................................................................................Ex-2

3. New Development/Production Sources Under EPA Authority (Respondents’ Burden).....Ex-3

4. New Exploration Sources Under State/Local Authority (Respondents’ Burden) ...............Ex-4

5. New Alternative Energy Sources Under State/Local Authority (Respondents’ Burden)....Ex-5

6. Existing Sources Under State/Local Authority (Respondents’ Burden) .............................Ex-6

7. New Exploration Sources Under State/Local Authority (State/Local Burden)...................Ex-5

8. New Alternative Energy Sources Under State/Local Authority (State/Local Burden) .......Ex-8

9. Existing Sources Under State/Local Authority (State/Local Burden) ................................Ex-9

10. New and Previously Permitted Exploration Sources Under EPA Authority (EPA’s 

Burden) ..............................................................................................................................Ex-10

11. New Alternative Energy Sources under EPA Authority (EPA’s Burden).........................Ex-11

12. New and Existing Development/Production Sources Under EPA Authority

 (EPA’s Burden) ..............................................................................................................Ex-12

13. Consistency Updates and Overseeing State/Local Activities (EPA’s Burden) .................Ex-13

14. OCS Air Regulations Information Collection Burden.......................................................Ex-14
iv

List of Acronyms and Abbreviations

ATC Authority to Construct

BACT Best Available Control Technology

BLS Bureau of Labor Statistics

BOEM Bureau of Ocean Energy Management

CAA Clean Air Act as Amended in 1990

CFR Code of Federal Regulations

COA Corresponding Onshore Area

ECI Employment Cost Index

EIS Environmental Impact Statement

EPA U.S. Environmental Protection Agency

ICR Information Collection Request

LAER Lowest Achievable Emission Rate

MMS Mineral Management Service, Department of the Interior

NAAQS National Ambient Air Quality Standards 

NOA Nearest Onshore Area

NOI Notice of Intent

NSR New Source Review 

OCS Outer Continental Shelf 

OMB Office of Management and Budget

O&M Operating and Maintenance

NAICS North American Industry Classification System

NSPS New Source Performance Standard

PSD Prevention of Significant Deterioration

SBCAPCD Santa Barbara County Air Pollution Control District

SCAQMD South Coast Air Quality Management District

SLOAPCD San Luis Obispo County Pollution Control Division

SIC Standard Industrial Classification

SIP State Implementation Plan

VCAPCD Ventura County Air Pollution Control District
1

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This information collection request (ICR) is entitled “Air Pollution Regulations for Outer 

Continental Shelf (OCS) Activities." Environmental Protection Agency (EPA) number 1601.08, 

Office of Management and Budget (OMB) number 2060-0249.

1(b) CHARACTERIZATION OF THE INFORMATION COLLECTION

Section 328 (Air Pollution From Outer Continental Shelf Activities) of the Clean Air Act 

(CAA) as amended in 1990, gives the EPA responsibility for regulating air pollution from OCS 

sources located offshore of the states along the Pacific, Arctic, and Atlantic Coasts, and along the 

eastern Gulf of Mexico coast (off the coast of Florida). The U.S. Department of Interior's Bureau 

of Ocean Energy Management (BOEM) (formerly the Minerals Management Service) retained 

the responsibility for regulating air pollution from sources located in the western Gulf of Mexico. 

To comply with the requirements of section 328 of the CAA, the EPA, on September 4, 1992 at 

57 FR 40792, promulgated regulations to control air pollution from OCS sources in order to 

attain and maintain federal and state ambient air quality standards and to comply with the 

provisions of part C of title I of the CAA.1Sources located within 25 miles of a state's seaward 

boundary must comply with the same state/local air pollution control requirements as would be 

applicable if the source were located in the corresponding onshore area (COA).2Sources located 

more than 25 miles from a state's seaward boundary (25-mile limit) must comply with EPA air 

pollution control regulations. The regulations are codified as part 55 of chapter I of title 40 of the 

Code of Federal Regulations (40 CFR part 55). On September 2, 1997, the EPA made two courtordered revisions to the regulations. The references for the sections of the OCS regulations that 

pertain to the burden activities addressed in this ICR are shown in Table 1. 

This ICR addresses the information collection burden (i.e., hours and costs) to industry

respondents who are subject to the reporting, recordkeeping, and testing requirements of the 

OCS air regulations. Industry respondents include owners or operators of existing and new or 

modified stationary sources. This ICR also addresses the burden to the agencies who are 

responsible for implementing and enforcing the OCS regulations. The EPA has delegated the 

authority to implement and enforce the OCS regulations for sources located off the coast of 

California to four local air pollution control agencies: Santa Barbara County Air Pollution 

Control District (SBCAPCD), South Coast Air Quality Management District (SCAQMD),

Ventura County Air Pollution Control District (VCAPCD), and San Luis Obispo County Air 

 

1

Part C of title I of the CAA specifies requirements for the prevention of significant deterioration of air quality in 

areas where the air quality is better than the national ambient air quality standards (NAAQS) for criteria pollutants. 

Sources which will be located within 25 miles of the State seaward boundary, and for which the corresponding 

onshore area is designated as nonattainment for one or more criteria pollutants, will have to comply with part D 

(Plan Requirements for Nonattainment Areas) of title I of the CAA.

2

Section 328 of the 1990 CAA defines "corresponding onshore area," with respect to any OCS source, as the 

onshore attainment or nonattainment area that is closest to the source, unless the EPA Administrator determines that 

another area, with more stringent requirements with respect to the control and abatement of air pollution, may 

reasonably be expected to be affected by such emissions.

 
2

Pollution Control District (SLOAPCD). The EPA implements and enforces the regulations for all 

other sources under its authority. All burden estimates are calculated for the 3-year period 

beginning February 1, 2012 and ending January 31, 2015. 

To be consistent with terminology used by the BOEM, OCS sources associated with the 

recovery of oil and gas resources are characterized according to one of the following operational 

phases. The first phase consists of exploration activities, which are conducted from temporarily

placed vessels or structures. Drilling of an exploration or delineation well generally lasts 2 to 

3 months, but can last up to 6 months. The second phase consists of the construction and 

installation of a permanent production platform on the seabed and the associated "topside" 

(above sea level) structures. A typical construction phase lasts from 6 to 12 months. The third 

phase consists of the development drilling of wells, from which the oil and gas resources are 

extracted, and the long-term operations and maintenance of the production facility over the life 

of the field or structure. A typical development/production phase can last for over 30 years. 

These three phases are referred to as exploration, construction, and development/production, 

respectively, throughout the remainder of this ICR. 

In addition to oil and gas resource recovery projects, the potential exists for alternative 

energy exploration projects. The 2005 Energy Policy Act gave BOEM the responsibility of 

managing alternative energy development on the OCS. The development of offshore wind 

energy involves the installation of wind turbine generators on piles driven into the ocean bottom 

and the laying of power cables on the ocean bottom. Air emissions from a wind energy project 

would occur primarily in the construction phase. Primary emission sources would be barges, 

cranes, pile drivers, transport vessels, and crew and supply boats. During the operation phase, 

there would be minor emissions from routine inspection visits and occasional emissions from 

maintenance and repair activities. During the decommissioning, emissions would be similar to 

those that would occur during construction.

Wave energy can be generated by a number of different types of mechanical devices 

floating on the ocean surface and attached by anchors. Air emissions during installation would 

result from vessels that deploy the devices and from a barge used to lay cable. During operation, 

the only emissions would be associated with occasional service and maintenance vessel trips. 

Another potential source of energy is ocean currents. Energy from ocean currents is harnessed 

from turbines installed on the ocean bottom. Emissions during installation would result from a 

barge, transport vessels, and crew boats.

There is one wind farm that has been permitted and that we have assumed will be 

constructed during the period covered by this ICR renewal. In addition, BOEM projects a 

number of potential projects that involve installation of meteorological towers by prospective 

developers for assessing wind energy potential. There is also the potential for projects that 

involve deployment of equipment to assess wave energy resources, energy from currents, and 

small pilot projects to test feasibility of wave or current energy development.
3

The BOEM receives development plans from the companies authorized to conduct 

exploration and development of the OCS lease blocks. Based on contacts with BOEM3and 

review of the Regions IV and X OCS permitting web sites, we estimate that the following new 

and existing OCS activities will be covered by this ICR renewal in the 2012 to 2015 timeframe:

Alaska Coast (EPA Region X)

 2 previously permitted drilling vessels that will drill exploratory wells

 3 new permits for drilling vessels/exploratory wells

Pacific Coast (California/local agency)

 23 existing development/production projects

 2 of these will make modifications that require minor source preconstruction permits

Eastern Gulf of Mexico (EPA Region IV)

 3 previously permitted drilling vessels that will drill exploratory wells

 2 new permits for drilling vessels/exploratory wells

Atlantic (EPA Regions I, II, III, and IV))

 1 previously permitted alternative energy project that will be constructed

 4 new alternative energy projects4

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED/AUTHORITY FOR THE COLLECTION

The need and authority for this information collection is contained in section 328 of the 

CAA and in EPA OCS Air Regulations, codified as title 40 CFR part 55. Section 328 requires 

the EPA to establish requirements to control air pollution from OCS sources to attain and 

maintain federal and state ambient air quality standards and to comply with the provisions of 

part C of title I of the CAA. The Administrator must update the requirements as necessary to 

maintain consistency with onshore regulations. Each requirement established under section 328 

is treated, for purposes of sections 113 (Federal Enforcement), 114 (Inspections, Monitoring, and 

Entry), 116 (Retention of State Authority), 120 (Noncompliance Authority), and 304 (Citizen 

Suits) of the CAA, as a standard under section 111 and a violation of any such requirements will 

be considered a violation of section 111(e) of the CAA.

 

3 Email communications from Dirk Herkhof, BOEM, Department of Interior, to David Painter, 

EPA/OAQPS/AQPD, on September 9 and 16, 2011; telephone contact between Dirk Herkhof, BOEM, Department 

of Interior, and Stephen Edgerton, EC/R Incorporated, on September 23; and email communications from Dirk 

Herkhof, BOEM, Department of Interior, to Stephen Edgerton, EC/R Incorporated, on September 27, October 5 and 

November 30, 2011.

4

Information from BOEM indicated that there are presently 17 indications of interest by companies for alternative 

energy projects off the Atlantic coast, but there is considerable overlap in the tracts of interest so the actual number 

of projects that will be realized will be less. In addition, recent experience shows that the economic downturn has 

resulted in reduced demand for permits for all types of electric generation facilities due to a combination of the drop 

in demand for electricity and difficulty in obtaining funding for such projects.
4

In addition, 40 CFR 55.11 establishes the procedures for states and local agencies to 

request and receive delegation of authority to implement and enforce the regulations. The 

requesting agency must demonstrate that it has:

1. Adopted the appropriate portions of part 55 into state law,

2. Adequate authority under state law to implement and enforce the requirements of part 55,

3. Adequate resources to implement and enforce the requirements of part 55, and

4. Adequate administrative procedures to implement and enforce the requirements of part 55.

2(b) USE/USERS OF THE DATA

There are five types of reporting requirements for the industrial respondent: notice of 

intent (NOI) to construct, preconstruction permit application, compliance testing, operating 

permit application, and recordkeeping and reporting tasks. 

NOI to Construct

The owner or operator of proposed new or modified development/production sources that 

are located within the 25-mile limit will be required to prepare a NOI to construct. Not more than 

18 months prior to submitting a permit application, the owner or operator must submit a NOI to 

construct to the EPA Administrator through the EPA Regional Office and the air pollution 

control agency of the nearest onshore area (NOA) and adjacent onshore areas. The purposes of 

the NOI are to: (1) trigger an EPA review of onshore regulations to determine if they are 

consistent with the OCS regulations and, (2) to allow adequate time for onshore areas, other than 

the NOA, to determine if they will petition the EPA for designation as the COA. The COA is the 

NOA, unless the Administrator determines that another area with more stringent requirements 

may be impacted by the source. (See CAA section 328(a)(4)(B).)

Preconstruction Permit Applications

All major sources must comply with all applicable preconstruction permit requirements 

including the need to submit an application for a preconstruction review permit. A separate 

application is required at the exploration and development phases (if the second phase occurs). 

The owner or operator of an OCS source is responsible for developing a preconstruction permit 

application and collecting all relevant information not otherwise available to the permit 

reviewing authority that may be needed to complete the permit application. The permit reviewing 

authority reviews the application materials and determines if the proposed source meets all the 

applicable requirements. For example, this includes any pollution control technology

requirements that may be required under the preconstruction review program in effect in that 

location or under federal new source performance standards (NSPS) regulations promulgated 

under CAA section 111. For sources which will be constructed or modified in attainment areas, 

the emissions controls required under the New Source Review (NSR) program under title I of the 

Act must represent the best available control technology (BACT) and must be shown not to 

violate the NAAQS or the prevention of significant deterioration (PSD) increments, or adversely

affect air quality related values in any Class I area. For sources which will be constructed or 

modified in nonattainment areas, the emissions controls required by the Nonattainment NSR 
5

program must represent the lowest achievable emission rate (LAER) and also demonstrate 

emission reduction offsets. In addition, the EPA operates a BACT/LAER Clearinghouse, which 

contains many BACT and LAER determinations to aid sources and application reviewers in 

identifying reasonable control technology proposals. The BACT or LAER information in each 

permit will be gathered and submitted for entry into the BACT/LAER Clearinghouse data base 

as a reference for making future control technology determinations. Information on BACT and 

LAER determinations is available to the public through the National Technical Information 

Service and the EPA's Office of Air Quality Planning and Standards' Technology Transfer 

Network.

Minor sources also must submit preconstruction permit applications. However, emissions

control technology such as BACT and LAER are not typically required by these programs and 

much less detailed modeling is required to show compliance with NAAQS, resulting in a much 

lower level of effort to prepare such permit applications.

Compliance Testing

Within 6 months of the start of operations, each new or modified major source is required 

to complete initial compliance tests to demonstrate compliance with control equipment design 

and performance specifications in its preconstruction permit. In addition, annual compliance tests 

are required for existing sources in California. 

Operating Permit Application

A second type of permit which an owner or operator of a major source or any other OCS 

source must obtain is the operating permit. The source must develop an operating permit 

application, which contains much of the same information required in the preconstruction review 

permit application with some differences. The operating permit identifies the specific applicable

requirements of the CAA that apply to the source, including those related to preconstruction 

review, any national emission standards (such as National Emissions Standards for Hazardous 

Air Pollutants or maximum achievable control technology) and any implementation plan 

requirements that may apply, including those from any state implementation plan (SIP) in effect 

in the COA. In addition to these requirements, operating permits independently impose 

compliance requirements, such as recordkeeping, reporting, and in limited cases, monitoring 

requirements, in addition to those that may be required by the underlying applicable 

requirements.

Recordkeeping and Reporting Tasks

Sources, in addition, are required to monitor emissions and operating parameters to 

ensure compliance with operating requirements. The regulatory agencies will use the compliance 

test results and the monitoring information to ensure compliance with the appropriate 

regulations. The emission data will also be used by the regulatory agencies to model the air 

quality in the area and to evaluate control strategies. Records are generally required to be 

retained for 5 years, consistent with the title V operating permitting requirements. The CAA

requires both respondents and state or local agencies to retain records for a period of 5 years. The 
6

justification for this is found in 28 U.S.C. 2462, which specifies 5 years as the general statute of 

limitations for federal claims in response to violations by regulated entities. The decision in U.S. 

v. Conoco, Inc., No. 83-1916-E (W.D. Okla., January 23, 1984) found that the 5-year general 

statute of limitations applies to the CAA.

3. NONDUPLICATION, CONSULTATION, AND OTHER COLLECTION 

CRITERIA 

3(a) NONDUPLICATION

The information collection activities that will be required under the OCS regulations are 

not routinely required elsewhere by the EPA. However, similar information may be collected 

during the development of certain environmental impact statements (EIS). In such cases, 

regulations and policies require that information collected for EIS and OCS programs be 

coordinated to the maximum extent possible to minimize duplicating the collection of data. Some 

of the required information may also be available from state or other federal agencies. However, 

even when these data are available, they are not generally adequate to address completely the 

relevant requirements of the OCS regulations.

Section 328 of the CAA requires the OCS sources within 25 miles of the states' seaward 

boundaries to meet the same requirements as are applicable in the COA. This includes the 

permitting, monitoring, recordkeeping, and reporting requirements. The OCS Air Regulations 

require sources located beyond 25 miles from the states' seaward boundaries to meet the 

requirements of the nationally promulgated programs (e.g., PSD, NSPS, and title V operating 

permit programs) including the monitoring, recordkeeping, and reporting requirements of those 

programs. The only additional information collection requirement for sources is the need to file a 

NOI. This information is not available elsewhere in the Agency and is necessary to identify the 

COA and to ensure that the regulatory requirements are updated. 

3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

On September 20, 2011 (76 FR 58273), the EPA published a notice announcing its 

intention to submit this ICR to the OMB and the availability of the draft supporting statement. 

The comment period ended on November 21, 2011 and no comments were received.

3(c) CONSULTATIONS

In developing this ICR renewal, the EPA worked closely with Mr. Dirk Herkhof, who is a 

meteorologist with the BOEM in Washington, D.C. The BOEM is the lead agency for the OCS 

program, and Mr. Herkhof oversees all air quality issues for OCS. Mr. Herkhof was closely 

involved in developing the estimate of the number and types of sources expected to occur during 

the ICR clearance period. He also reviewed the supporting statement for accuracy and relevance, 

and the EPA has addressed his comments in this package. 

Mr. Herkhof works with the EPA Regional Offices who are responsible for reviewing 

and developing air permits for new and existing OCS projects. Over time, relatively few 
7

Regional Offices (IV, IX and X) have been active in traditional oil and gas projects off the coast 

of Florida, California and Alaska. These projects typically involve relatively few sources and 

state and/or local jurisdictions. In the case of California, all of the projects are existing sources, 

and all of the affected parties have several years of experience in implementing the program. 

Mr. Herkhof is not aware of any issues on these projects that would affect the assumptions we 

are making today in this ICR regarding the number and types of sources and the burden 

associated with complying with the air rules.

As introduced in the currently approved ICR, the EPA continues to recognize in this ICR 

renewal that alternative energy projects represent a new area of activity in the OCS program. The 

Cape Wind wind farm project off the coast of Massachusetts is the farthest along, and the source 

has obtained a permit but has not yet constructed. At many potential alternative energy projects, 

conformity issues associated with indirect impacts from vessels are the real concern, which is not 

the result of the rules underlying this ICR. The other types of alternative energy projects under 

consideration at this time are meteorological towers, which will not likely even trigger a 40 CFR 

part 55 review because of the lack of source emissions during operation. In the future, should 

these projects reach the development stage, or new areas become subject to OCS air regulations, 

we would assess whether our underlying assumptions are still valid, but at this point we believe 

they are.

3(d) EFFECTS OF LESS FREQUENT COLLECTION

The information required to be submitted by each preconstruction permit applicant will 

be submitted on a one-time-only basis. When an existing OCS source wishes to modify or 

expand a facility already in operation, most of the information submitted will pertain to the new 

construction. New development/production sources and platforms are expected to obtain an 

operating permit approximately 1 year after the source commences operation. For this ICR we 

are addressing three previously permitted and two projected new permits for exploration projects 

in the eastern Gulf of Mexico, two previously permitted and three projected new permits for 

exploration projects off the coast of Alaska, and one previously permitted and four projected new 

permits for alternative energy projects off the Atlantic coast, all of which are subject to EPA 

authority. We assume that half of these existing and new projects will obtain their operating 

permits subsequent to initial permitting during the 3-year ICR clearance period. This is because 

for many sources, the initial permitting process includes issuance of the operating permit. For the 

existing development/production sources assumed to be under the regulatory authority of local 

agencies, it was projected that five sources would renew their operating permits each year during 

the 3-year time period covered by this ICR to comply with local agency regulations. These 

sources are also subject to compliance testing, recordkeeping, and reporting requirements to 

demonstrate compliance with their applicable requirements.

5

Less frequent collection of 

information than that required by these requirements would jeopardize the ability of regulatory

agencies to evaluate a source's compliance with the OCS regulations.

 

5

The federal regulations that implement the title V operating permit requirements (40 CFR part 70 and 40 CFR 

part 71) define “applicable requirement” as all substantive requirements originating from non-title V, federal air 

quality standards and other similar requirements, including implementation plans, under various titles of the Act. 

The title V regulations impose certain monitoring, recordkeeping, and reporting requirements independently, but 

they are not “applicable requirements.”
8

3(e) GENERAL GUIDELINES

This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act, the 

OMB's implementing regulations, the EPA's Information Collection Request Handbook, and 

other applicable OMB guidance with the exception that records are generally required to be 

retained for 5 years rather than 3 years. This requirement is a function of the underlying NSR and 

title V operating permit rules, and is not created by the OCS program that is the subject of this 

ICR. The justification for this exception is found in 28 U.S.C. 2462, which specifies 5 years as 

the general statute of limitations for federal claims in response to violations by regulated entities. 

The decision in U.S. v. Conoco, Inc., No. 83-1916-E (W.D. Okla., January 23, 1984) found that 

the 5-year general statute of limitations applies to the Clean Air Act.

3(f) CONFIDENTIALITY

Any information submitted to EPA for which a claim of confidentiality is made will be 

safeguarded according to the EPA's policies set forth in title 40, chapter 1, part 2, subpart B—

Confidentiality of Business Information (see 40 CFR part 2; 41 FR 36902, September 1, 1976; 

amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, 

March 23, 1979).

3(g) SENSITIVE QUESTIONS

No questions of a sensitive nature are included in any of the information collection 

requirements. Therefore, this section is not applicable.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

4(a) RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) 

CODES

Section 328(a)(4)(C) of the CAA defines "OCS sources" as ". . . any equipment, activity, 

or facility which:

 Emits or has the potential to emit any air pollutant,

 Is regulated or authorized under the Outer Continental Shelf Lands Act, and

 Is located on the Outer Continental Shelf or in or on waters above the Outer 

Continental Shelf.

Such activities include, but are not limited to, platform and drill ship exploration, construction, 

development, production, processing, and transportation. Emissions from any vessel servicing or 

associated with an OCS source, including emissions while at the OCS source or en route to or 

from the OCS source within 25 miles of the OCS source, will be considered direct emissions 

from the OCS source."
9

The SIC codes (with accompanying North American Industry Classification System 

(NAICS) codes in brackets), for sources which may be subject to the OCS regulations, include 

the following:

 Major Group 13 [211] - Oil and Gas Extraction

o SIC code 1311 [211111] - Crude petroleum and natural gas

o SIC code 1321 [211112] - Natural gas liquids

o SIC code 1382 [213112] - Oil and gas field exploration services

 Major Group 44 [483] - Water Transportation

o SIC code 4449 [483211] - Water transportation of freight, not elsewhere 

classified

o SIC code 4492 [48833] - Towing and tugboat services

 Major Group 46 [486] - Pipelines, Except Natural Gas

o SIC code 4612 [48611] - Crude petroleum pipelines

 Major Group 49 [221] - Electric, Gas, and Sanitary Services

o SIC code 4911 [221119] - Electric services (other electric power 

generation) 

o SIC code 4922 [48621] - Natural gas transmissions

4(b) INFORMATION REQUESTED

Since the OCS Air Regulations essentially extend the coverage of other regulations, the 

data and information requirements associated with the regulations will vary depending on the 

underlying regulations. For example, sources locating within a 25-mile limit off the coast of a 

nonattainment area will generally have more stringent NSR regulations than those locating off 

the coast of an attainment area. The data and information requirements will also vary depending 

on the size and type of source. The exploration sources are generally smaller sources and not 

subject to the permit requirements of larger sources. 

Based on information received from BOEM and review of the Regions IV and X OCS 

permitting web sites, the following OCS facilities were assumed for the purposes of this ICR:

Sources under EPA authority

Existing development/production sources 0

Permitted exploratory projects 5

New exploratory projects 5

Permitted alternative energy projects 1

New alternative energy projects 4

New development/production sources 0
10

Sources under the authority of the state/local agencies 

Existing development/production sources 23

New alternative energy projects 0

Two of the alternative energy projects under EPA authority are expected to result in a 

major source permit. The remaining two alternative energy projects are expected to involve 

minor permitting efforts. In general, minor sources will be required to obtain a minor NSR

permit and a minor source operating permit. 

Permitting for exploratory projects is based on the activities of a single drilling vessel 

with its support fleet, although the specific drilling vessel and support vessels may not be 

identified at the time of permitting. These permits may be issued for a specific number of 

exploration wells at a specific location over a specified period, or may be much more openended, allowing the drilling vessel to drill one or more wells or parts of wells at any of a number 

of leases during a specified number of days per year over multiple years. When the projected 

annual emissions from the drilling vessel and its support fleet exceed the thresholds for PSD 

applicability, the source must obtain a PSD preconstruction permit. In some cases, the projected 

emissions are below the PSD thresholds based on operating and emissions limits proposed by the 

source, in which case a title V operating permit is issued to the source to provide an enforceable 

vehicle for the limitations that are necessary to remain below PSD applicability. In addition, if 

such sources are within the 25-mile limit, they are subject to the state or local minor NSR 

permitting requirements of the COA. Sources that obtain a PSD permit are not required to obtain 

a title V operating permit until 12 months after they commence operation for the first time. 

However, some sources obtain both a PSD permit and a title V operating permit during the initial 

permitting process.

(i) Data Items

NOI to Construct

New or modified sources will have to prepare and submit a NOI to construct not more 

than 18 months before submitting a permit application. The data and information requirements 

which a source must include in a NOI to construct must include the following minimum 

information:

 General company information, including company name and address, owner's name and 

agent, and facility site contact.

 Facility description in terms of the process and products, including identification by 

NAICS code.

 Estimate of the proposed project's potential emissions of any air pollutant, expressed in 

total tons per year and in such other terms as may be necessary to determine the 

applicability of requirements of §55.4 of the regulation. Potential emissions for the 
11

project must include all vessel emissions associated with the proposed project in 

accordance with the definition of “potential emissions” in §55.2 of the regulation.

 Description of all emission points including associated vessels.

 Estimate of quantity and type of fuels and raw materials to be used.

 Description of proposed air pollution control equipment.

 Proposed limitations on source operations or any work practice standards affecting 

emissions.

 Other information affecting emissions including, where applicable, information 

related to stack parameters (including height, diameter, and plume temperature), 

flow rates, and equipment and facility dimensions.

 Such other information as may be necessary to determine the applicability of 

onshore requirements.

 Such other information as may be necessary to determine the source's impact in 

onshore areas. Exploration sources are exempt from this requirement.

In the past, owners or operators of new sources have had to include these data items in 

parts C and D preconstruction permit applications. Therefore, collection of these data items for a 

NOI to construct is not considered an additional burden over the data items presently required in 

preconstruction permit applications.

Preconstruction Permit Applications

All new or modified major sources are required to prepare and submit a preconstruction 

permit application. Table 2 summarizes the data and information requirements which must be 

included in all part C PSD preconstruction permit applications. 

Table 2 also shows the references for the data and information requirements specified in 

the CAA and the current regulations specified in the CFR. The first CFR reference shown for 

each requirement in Table 2 pertains to the requirements under part 51 which govern the way

states implement part C programs. The second CFR reference (shown in brackets) pertains to the 

requirements under part 52 that govern the way the EPA implements part C programs when 

states fail to implement part C programs. 

Table 3 summarizes the data and information requirements that must be included in all 

part D preconstruction permit applications. Table 3 also shows the references for the data and 

information requirements specified in the CAA and the current regulations specified in the CFR.

In some cases, proposed emissions for an OCS project are below the applicability levels 

for part C or D preconstruction permitting. When such sources are within the 25-mile limit, they
12

are subject to the minor source preconstruction permitting requirements of the COA. While these 

requirements vary by state and local agency, they are universally less extensive than the major 

source permit requirements. For example, minor NSR programs generally require little or no 

modeling of emissions or case-by-case control technology review. In addition, minor OCS 

sources both inside and outside the 25-mile limit are issued a title V permit during the initial 

permitting process as an enforceable mechanism to assure compliance with the proposed 

emission controls and operating and emissions limits. For the initial permitting of minor sources, 

we have assumed a burden that is half that of major source permitting for the same type of source 

(i.e., exploration, alternative energy, or development/production).

Existing OCS sources may also make modifications that trigger preconstruction 

permitting. Major modifications to major sources are subject to part C or D program 

requirements depending on the attainment status of the area where the source is located, while 

minor modifications are subject to minor NSR (if within the 25-mile limit) and title V permit 

minor modification requirements. Two existing development/production sources off the 

California coast are expected to undergo minor modifications during the period covered by this 

ICR which will be subject to the minor NSR requirements of their COAs. Again, we have 

assumed that the associated burden will be half that previously assumed for major modifications 

at development/production sources.

Compliance Testing

This projection includes a number of new exploration projects off of the coast of Alaska

and in the eastern Gulf of Mexico. These sources will be required to conduct initial emissions 

tests. However, we do not believe that emissions tests will be required at the four new alternative 

energy projects. While these projects will generate air emissions due to vessels that must be used 

to construct the projects and then repair and maintain them, the projects themselves would 

generate air emissions of much lower magnitude and be subject to fewer applicable requirements 

compared to mineral extraction projects. 

Annual compliance tests are required for the 23 existing development/production sources 

located within the 25-mile limit of California. The purpose of the annual testing requirements is 

to demonstrate that each source is in compliance with its applicable requirements related to 

emissions control. For the purpose of this analysis, it was assumed that these sources would be 

subject to 3 years of annual compliance testing.

Operating Permits

For the purpose of this analysis, it was assumed that approximately half of the new and 

recently permitted exploration and alternative energy projects which will be under the EPA's 

regulatory authority will obtain title V operating permits during initial permitting, while the other 

half will be required to apply for title V operating permits later, within 12 months after 

commencing operation. Operating permits typically contain the following minimum information 

requirements:

 Ownership and location of the source;
13

 An inventory of the type and amount of emissions associated with each piece of 

equipment used at the source;

 Identification of emissions control techniques required by applicable requirements for 

each piece of equipment; such techniques may include process design or operational 

changes to equipment, add-on control equipment, and inspection and maintenance 

procedures;

 Identification of recordkeeping requirements, including those required by applicable 

requirements (such as NSPS or SIP) and those required by operating permits regulations

(e.g., 6-month monitoring reports, deviation reports, and annual compliance certification) 

to ensure that control techniques and inspection and maintenance procedures are being 

properly implemented;

 Annual compliance testing requirements;

 Reporting requirements for the periodic submittal of recordkeeping or test data for review 

by the regulatory authority, whether required by the applicable requirements or by the 

operating permit regulations.

All 23 existing sources off the coast of Southern California are required to obtain 

operating permits. For the previous renewal of this ICR we assumed that all of these 23 existing 

sources would renew their existing operating permits during the 3-year clearance period. 

Because title V permits have a term of 5 years, we do not believe that it is appropriate to assume 

that all 23 sources will renew their permits during the upcoming 3-year clearance period of this 

ICR renewal. Instead, we have assumed that five of these sources will renew their operating 

permits each year.

Recordkeeping and Reporting Tasks

The recordkeeping and reporting tasks will vary depending on the type of source and the 

applicable requirements that apply. For example, exploration sources may be required to

maintain a log book and provide a copy of the book to the EPA when the exploration is 

complete. Development/production sources typically are required to monitor certain emissions 

and operational parameters and submit annual reports to the local districts.

(ii) Respondent Activities

NOI to Construct

The following items are a comprehensive list of the activities that the owner or operator 

of a new development/ production OCS source will have to perform to prepare and submit a NOI 

to construct:

 Read applicable regulations to determine compliance requirements;
14

 Inquire or meet with the appropriate permit reviewing authority to obtain guidance on 

what data are needed to meet the applicable requirements;

 Prepare NOI to construct;

 Submit the NOI to construct to the EPA Administrator through the EPA Regional Office 

and to the air pollution control agency of the NOA and adjacent onshore areas.

Preconstruction Permit Applications

The following items are a comprehensive list of the activities that the owner or operator 

of a new development/ production source would have to perform to prepare a preconstruction 

permit application if the source is subject to part C PSD regulations:

 Read applicable regulations to determine compliance requirements;

 Inquire or meet with the appropriate permit reviewing authority to obtain guidance on 

what data are needed to assure compliance with the applicable requirements;

 Prepare BACT engineering analysis;

 Perform air quality modeling;

 Perform pre- and post-construction air quality monitoring (if not already available);

 Determine impacts on air quality related values in Federal Class I areas;

 Submit application to the U.S. Fish and Wildlife Service for endangered species impact 

analysis;

 Prepare and submit permit application;

 Attend public hearing;

 Revise permit application per comments received from the permit reviewing authority 

and/or public comments.

For the purpose of this analysis, it was assumed that PSD permit applications will be 

submitted for half of the new exploration projects off the coast of Alaska and in the eastern Gulf 

of Mexico (rounded up to a total of three) and half of the alternative energy projects in the 

Atlantic (a total of two). However, the level of effort associated with performing the activities as 

shown above will vary depending on the types and amounts of pollutants emitted by the source, 

location of the source, and availability of existing information such as air quality and modeling 

data. For example, an owner or operator will not have to perform dispersion modeling analyses 

to determine impacts on air quality related values in a Federal Class I area if the source's 
15

emissions will not impact a Federal Class I area. In addition, an owner or operator will only have 

to perform monitoring if requested by the permit reviewing authority.

We have assumed that the remaining half of the new exploration and alternative energy

projects (two of each) will submit minor source preconstruction permit applications. The 

activities associated with these permits will vary to some degree depending on the minor NSR 

programs in the respective COAs. The required activities will less extensive than listed above for 

a PSD permit.

Compliance Testing

For the purposes of this analysis, it was assumed that development/production sources 

would use Reference Method 20 to test for nitrogen oxide emissions from gas turbines. For 

development/production and exploration sources that have internal combustion engines, it was 

assumed that the instrumental methods of Reference Methods 3A, 6C, and 7E using the electrochemical cell methodology would be used to test for nitrogen oxide, carbon monoxide, 

hydrocarbon, and sulfur dioxide emissions. The activities associated with completing compliance 

tests are as follows:

 Prepare a pretest plan and submit the plan to the appropriate permit reviewing authority 

for review and approval at least 30 days before conducting the tests;

 Clean and calibrate test equipment for tests;

 Perform tests;

 Analyze samples, summarize data, and write report.

Operating Permits6

In general, the activities that new or modified and existing sources will have to perform 

to prepare an operating permit application include the following:

 Read applicable regulations to determine compliance requirements;

 

6

Under operating permit programs, sources are required to submit permit applications for initial permit issuance, for 

permit revisions (as needed), and for permit renewals every 5 years. After permit issuance, sources are required to 

report deviations from permit requirements, report summaries of monitoring every 6 months, perform an annual 

compliance certification, and annually pay fees. In some cases, sources are required to develop gap-filling 

monitoring and/or recordkeeping to serve as monitoring and operate that monitoring/recordkeeping to help them 

meet the compliance certification requirement.

Estimates of burdens and costs for various types of sources subject to operating permit programs have been 

approved separately by OMB. 40 CFR part 70 is generally implemented by state, local, or tribal permitting 

authorities, while 40 CFR part 71 is implemented in cases where EPA is required to issue permits (e.g., in areas of 

sole federal jurisdiction). Specifically, §71.4(d) provides for the permitting of OCS sources and the ICR for Part 71 

discusses such permitting. See Information Collection Request for Part 71 Federal Operating Permit Regulations, 

EPA No. 1713.06, April 2007.
16

 Inquire or meet with the appropriate permit reviewing authority to obtain guidance on 

which data, compliance testing, and recordkeeping and reporting activities are needed to 

assure compliance with the applicable requirements;

 Prepare and submit the permit application;

 Attend public hearing, if one is conducted;

 Revise permit application per comments received from the permit reviewing authority 

and/or public comments.

Recordkeeping and Reporting Tasks

Exploration and alternative energy project sources are typically required to monitor the 

fuel usage and operating hours of each piece of equipment and each support vessel. Where addon control equipment is required, continuous monitoring typically is required. Once an owner or 

operator has obtained a title V operating permit, a monitoring report is required twice per year 

and a compliance certification report is required annually. (Prior to issuance of a title V permit, 

only an annual report typically is required.)

Authority to implement and enforce the regulations for the existing 

development/production sources has been delegated to the local air pollution control districts. 

Therefore, the existing development/production sources are subject to annual reporting 

requirements through their operating permits, as implemented by local agencies. 

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION, 

METHODOLOGY AND INFORMATION MANAGEMENT

5(a) AGENCY ACTIVITIES

State and Local Agency Activities

Agencies delegated authority for the OCS program are responsible for processing NOI's 

to construct, reviewing and acting on preconstruction and operating permit applications, 

conducting enforcement activities such as inspections, reviewing pretest plans and test reports, 

attending tests (if desired by the agency), and reviewing reports that sources must submit to 

comply with their operating permits.

Agencies responsible for processing NOI's to construct and preconstruction and operating 

permit applications will typically perform the following activities:

 Answer respondent questions;

 Log-in and review data submissions;
17

 Request additional information for incomplete applications;

 Analyze requests for confidentiality and provide appropriate protection;

 Prepare completed applications for processing and approval;

 Prepare notices of public hearings on permit applications for publication in newspapers, 

arrange and attend public hearings, and summarize and respond to public comments;

 Submit information on BACT/LAER determinations to the EPA's BACT/LAER 

Clearinghouse for entry into a data base.

EPA Activities

The EPA will perform reviews of new regulations adopted by state and local COA's to 

determine if the regulations are applicable to OCS sources. If it is determined that a new onshore 

regulation is applicable to OCS sources and that the new regulation does not conflict with federal 

law, then the EPA will update the OCS regulations by the incorporation of such regulation. Such 

an update will require formal notice in the Federal Register and opportunities for public 

comment. 

The EPA will consult with the BOEM to prepare air quality impact analyses for 

environmental impact statements for OCS leasing activities, and to comply with the consultation 

process requirement of the Endangered Species Act. However, this consultation process is not 

expected to increase the EPA's burden associated with the OCS program. Therefore, a burden 

estimate was not calculated for this activity.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT 

It is the responsibility of each owner and operator of an OCS source affected by the OCS 

regulations to prepare and submit a NOI to construct, a preconstruction permit application, and

an operating permit application to the permit reviewing authority. The permit reviewing 

authority will log in permit applications and store them in a central file at the location of the 

permit reviewing authority. Once preconstruction permits have been approved, the permits will 

be submitted to the EPA's BACT/LAER Clearinghouse where control technology information 

will be entered into a data base. Because the preconstruction permits and associated control 

technology determinations are performed on a case-by-case basis, the OCS regulations will not 

contain forms which owners or operators will have to fill out and submit to the permit reviewing 

authority.

Qualified personnel that work for the permit reviewing authority will perform permit 

reviews and check the quality of data submitted by the applicant on a case-by-case basis. The 

applicant will be required to submit information on how the data were obtained (e.g., indicate 

whether emissions data were obtained through the use of emissions factors or test data) and how 

calculations were performed. The permit reviewing authority personnel will check data quality 

by reviewing test data and checking engineering calculations, and by reviewing control 
18

technology determinations for similar sources. The BACT/LAER Clearinghouse data base will 

be reviewed for information on control technology determinations made for sources similar to 

the sources included in a permit application. Confidential information submitted by the applicant 

will be handled by the permit reviewing authority's confidential information handling 

procedures. The public will be provided the opportunity to review a permit application by

obtaining a copy of the application from the permit reviewing authority and by attending the 

public hearing.

The OCS regulations do not require the request of information through any type of 

survey. 

5(c) SMALL ENTITY FLEXIBILITY

This section is not applicable because the NOI to construct, preconstruction and operating 

permit, annual compliance testing, recordkeeping, and reporting requirements associated with the 

OCS regulations do not directly affect small entities.

5(d) COLLECTION SCHEDULE

Existing development/production sources are currently subject to the OCS regulations, 

and authority to implement and enforce the regulations for those sources has been delegated to 

the local air pollution control districts. Therefore, the existing development/production sources 

are subject to annual reporting requirements through their applicable requirements and/or 

operating permits required by local agencies. It is not known when the new and recently

permitted exploration and alternative energy sources under EPA authority will begin 

construction. For the purpose of this analysis, it was assumed that these sources would conduct 

activities throughout the time period covered by this ICR. 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN AND COSTS 

This section presents estimates of the burden to exploration and development/production 

sources associated with the OCS regulations. The respondent burden estimates are based on the 

data items and respondent activities described in section 4(b). 

All costs are presented in 2011 dollars. The cost estimates are based on a respondent inhouse wage rate of $31.55 per hour and contractor wage rates of $47.22 per hour. These rates are 

from the Table 2, Employment Costs for Civilian Workers by Occupational and Industry Group 

(in house based on “Construction, Extraction, Farming, Fishing and Forestry,” and contractor 

based on “Professional and related”) U.S. Department of Commerce, Bureau of Labor Statistics 

(BLS), June 2011. The rates are from column 1, “Total compensation” and have been increased 

by 110 percent to account for overhead. The resultant in-house rate is $66/hour and the 

contractor rate is $99/hour. The wage rates represent average rates for the various types of 

individuals (e.g., managers, engineers, technicians, legal staff, and clerical) required to complete 
19

the tasks and include direct personnel and overhead costs. The respondents’ annual labor hours 

and costs for the 3-year time period covered by this ICR are presented in Exhibits 1 through 6.

According to the Paperwork Reduction Act, capital/start-up cost should include among 

other items, preparations for collecting information such as purchasing computers and software, 

monitoring, sampling, drilling, and testing equipment. As a practical matter, these costs are not 

typical of the costs associated with preparing permit applications. Therefore, the only O&M 

costs are those associated with scenarios involving the purchase and/or use of capital equipment 

for monitoring at new or existing development/production sources.

New and Previously Permitted Exploration Sources Under EPA Authority: Respondents' Burden

(Exhibit 1)

There are two new and three recently permitted projects estimated to occur greater than 

25 miles off the coast of Florida and three new and two recently permitted projects off the coast 

of Alaska. However, for the purposes of this ICR, it was assumed that all new exploratory

sources under EPA authority would have the same burden for basic activities including reading

the regulations, consulting with EPA, preparing a NOI to construct, and conducting initial 

compliance tests. We estimate that half (rounded up to three) of the new sources off the coasts of 

Florida and Alaska will be major sources and will have to prepare preconstruction permit 

applications to comply with PSD requirements under part C of title I of the CAA. The remaining 

new sources (two) will be required to prepare and submit minor source preconstruction permit 

applications. See the discussion under Exhibit 3 for a summary of activities that are expected to 

occur. We have assumed that preparing a major source exploration permit application for sources 

under Exhibit 1 is half of the burden of preparing a PSD application as described in Exhibit 3. 

We also assumed that preparing a minor source exploration permit application under Exhibit 1 is 

one-quarter the burden of preparing a PSD application under Exhibit 3. We assumed that half of 

the new and recently permitted exploration projects (a total of five) will be required to obtain an 

operating permit subsequent to initial permitting using the same burden estimated for this 

activity under Exhibit 3. (We assumed that the other half of the new and recently permitted 

exploration projects will obtain an operating permit as part of the initial permitting process, and 

that this activity will not increase the burden associated with initial permitting because no 

additional information will be required and a single permit containing all the requirements will

be issued.) We assumed that all new and recently permitted exploration sources will be required 

to conduct monitoring and reporting. It is anticipated that the exploration sources will not have to 

install any additional monitoring equipment to comply with the regulatory requirements. 

Therefore, there will be no capital cost or O&M cost for these sources.

Exhibit 1 provides a breakdown of the burden and costs for these activities. For the 

estimated 20 responses, the average annual burden for the respondents is estimated to be 2,354

hours and $210,243. Since the exploration vessels are expected to have all necessary monitoring 

equipment to meet the OCS Air Regulations, no capital cost or O&M cost is projected to be 

necessary.
20

New and Previously Permitted Alternative Energy Sources Under EPA Authority: Respondents’ 

Burden (Exhibit 2)

There are four new alternative energy projects projected to occur during this ICR 

clearance period off the Atlantic coast, as well as one recently permitted project that has not yet 

been constructed. We have assumed that two of the new projects will be major source projects 

and two will be minor source projects. For purposes of estimating burden, we have assumed that 

these sources will be treated much the same as new and recently permitted exploration sources 

described above as Exhibit 1 with the exception that we do not believe that initial compliance 

tests will be required. 

Exhibit 2 provides a breakdown of the burden and costs for these activities. For the 

estimated 11.3 responses, the average annual burden for the respondents is estimated to be 

598 hours and $49,126. Since the support vessels are expected to have all necessary monitoring 

equipment to meet the OCS Air Regulations, no capital cost or O&M cost is projected to be 

necessary.

New Development/Production Sources Under EPA Authority: Respondents' Burden (Exhibit 3)

Exhibit 3 provides a breakdown of the burden and cost to the respondents for these 

activities. While there are no projected development projects expected to occur in the 3-year 

clearance period and the burden is zero, we have retained this exhibit for use in future renewals. 

Future new sources are expected to read the regulations, consult with the EPA or the state/local 

agencies, prepare a NOI to construct, prepare a PSD application, perform a compliance test, 

submit an operating permit application, and conduct recordkeeping and reporting tasks. Because 

of the expertise required to prepare a preconstruction permit application and to conduct a 

compliance emission test, the source would most likely use a contractor for these operations. 

Typical tasks which the contractor would perform in the preparation of the preconstruction 

permit application include:

 Inquire or meet with the appropriate permit reviewing authority to obtain guidance on 

what data are needed to meet the applicable requirements;

 Prepare BACT engineering analysis;

 Perform air quality modeling;

 Perform preconstruction air quality monitoring (if not already available);

 Determine impacts on air quality related values in Federal Class I areas;

 Prepare a DRAFT permit application;

 Attend public hearing;
21

 Revise permit application per comments received from the permit reviewing authority

and/or public comments.

Typical tasks which the contractor would perform in conducting compliance tests include:

 Prepare a pretest plan and submit the plan to the appropriate permit reviewing authority 

for review and approval at least 30 days before conducting the tests;

 Clean and calibrate test equipment for tests;

 Perform tests;

 Analyze samples, summarize data, and write report.

The contractors would be expected to bill the services on an hourly basis. 

Generally, development/production sources are required to monitor process parameters, 

fuel consumption, exhaust gas flow rates and sulfur concentrations in the gases.7 When the OCS 

rules were adopted, existing platforms had to install some additional gas flow and sulfur 

monitoring equipment. One platform reportedly had to install a complex monitoring system, 

which cost almost $100,000. In addition, the vessels servicing the platforms also had to install 

fuel-monitoring meters, which cost between $30,000 and $50,000 each.8 However, in most cases 

new sources under EPA authority are not expected to have to install additional monitoring 

equipment beyond that which is required by the BOEM. Even if the new sources have to install 

additional monitoring equipment, the cost of installing that equipment on new facilities would be 

less than the cost of retrofitting older units and it is anticipated that the service vessels would be 

servicing more than one platform.

The capital cost for the monitoring equipment was estimated in 1998 to be $25,000 per 

development/production source. The Chemical Engineering Plant Index for process instruments 

was used to update the cost to 2011 dollars. Using the September 2011 estimates of the June 

2011 (preliminary) index for process instruments (440.9) compared to the final December 1998 

index (363.2), the updated capital cost value is $30,348 and that cost is paid for over the 3-year 

clearance period. We estimate that O&M costs associated with this equipment is 5 percent of the 

total capital costs, or $1,517. 

Exhibit 3 provides the framework for calculating the burden and costs for these activities. 

For this 3-year clearance period we project that there will be no sources of this type, so we 

estimate 0 responses, an average annual burden for the respondents of 0 hours and $0 for labor. 

Likewise, the O&M costs are $0 per year and annual capital costs are $0.

 

7Based on a 2002 telephone conversation with Craig Strommen, Chief Inspector for the SBCAPCD.

8Based on a 2002 telephone conversation with Marianne Strange, M. Strange and Associates.
22

New Exploration Sources Under State/Local Authority: Respondents' Burden (Exhibit 4)

There are no new exploration sources projected to be under state/local authority. 

Although some of the new exploration sources are expected to be located within 25 miles of 

Alaska's boundary and, therefore, subject to the state's regulations, the EPA Regional Office 

remains the regulatory authority until and unless the state requests and obtains delegation of that 

authority. If there were any sources, they would have to read the regulations, prepare NOIs to 

construct and preconstruction permit applications to comply with the state or local regulations. In

addition, the sources would have to conduct a compliance test and recordkeeping and reporting 

tasks. The sources would be subject to preconstruction permit requirements for nonattainment 

and attainment pollutants. Because of the expertise required to conduct a compliance emission 

test, the sources would most likely use a contractor to conduct the tests 

Typical tasks which the contractor will perform in conducting compliance tests include:

 Prepare a pretest plan and submit the plan to the appropriate permit reviewing authority 

for review and approval at least 30 days before conducting the tests;

 Clean and calibrate test equipment for tests;

 Perform tests;

 Analyze samples, summarize data, and write report.

It is anticipated that any future exploration sources would not have to install any

additional monitoring equipment to comply with the regulatory requirements. Therefore, there 

would be no capital cost or O&M cost for these sources. 

New Alternative Energy Sources Under State/Local Authority: Respondents’ Burden (Exhibit 5)

As noted in Exhibit 2, we estimate that there will be four new alternative energy projects 

off the Atlantic coast, and a fifth project recently has been permitted but has not yet been 

constructed. Although these projects will be within the 25-mile limit and subject to the COAs’ 

requirements, we do not expect any of these sources to by under state/local authority. As noted 

above in Exhibit 4, the EPA Regional Office remains the regulatory authority until and unless the 

state requests and obtains delegation of that authority, which we do not expect to happen during 

the 3-year clearance period.

Exhibit 5 provides a breakdown of the burden and costs for these activities, should they

come under state/local authority in the future. However, for the period covered by this ICR, we

estimate 0 responses and an average annual burden for the respondents of 0 hours and $0. Since 

the support vessels are expected to have all necessary monitoring equipment to meet the OCS 

Air Regulations, no capital cost or O&M cost is projected to be necessary.
23

Existing Sources Under State/Local Authority: Respondents' Burden (Exhibit 6)

The existing 23 development/production sources off the southern California coast are 

located within 25 miles of the state's seaward boundary and the EPA has delegated to the local 

districts the authority to implement and enforce OCS Air Regulations for those sources. These 

23 existing sources are expected to perform annual compliance tests and conduct recordkeeping 

and reporting tasks. We believe that two of these sources will undertake minor modifications that 

require a minor NSR permit, with associated burden at half the level previously estimated for 

major source preconstruction permitting for this type of source. Because of the expertise required 

to conduct a compliance emission test and prepare minor NSR permit applications, the sources 

will most likely use a contractor to conduct the tests and prepare the bulk of the minor NSR 

permit application. For the last ICR renewal, we assumed that all 23 of these existing sources 

would prepare a title V operating permit renewal application once during the 3-year period 

covered by that renewal. Since title V permits have a term of 5 years, we have reduced that 

estimate slightly for the 3-year period of this ICR renewal to assume that five sources will apply

to renew their title V permits each year.

Typical tasks which the contractor will perform in conducting compliance tests include:

 Preparing a pretest plan and submit the plan to the appropriate permit reviewing authority

for review and approval at least 30 days before conducting the tests;

 Cleaning and calibrating test equipment for tests;

 Performing tests; and

 Analyzing samples, summarizing data, and writing report.

The existing development/production sources have already installed their monitoring 

equipment; therefore, they are not expected to incur any additional capital cost for new 

monitoring equipment. We assume that they will face the same O&M costs faced by new 

development sources (5 percent of the capital cost of monitoring equipment), or $1,517 per 

source. Exhibit 6 provides a breakdown of the burden and cost to the respondents for these 

activities. The average annual burden for the respondents is estimated to be 21,803 hours and 

$1,947,880 plus $34,900 for O&M costs.

Total Industry Respondent Burden and Costs

Exhibit 14 summarizes the industry burden for the OCS Air Regulations. The average 

annual industry respondent burden for the period February 1, 2012 through January 31, 2015 is 

estimated to be 24,754 hours and $2,207,249 plus $34,900 for O&M costs and $0 capital costs. 

As discussed below, the total respondent burden also includes the burden on the state and local 

air pollution control agencies that have been delegated the implementation and enforcement 

authority for the regulation.
24

6(b) ESTIMATING STATE AND LOCAL AIR POLLUTION CONTROL 

AGENCY BURDEN AND COSTS

This section presents estimates of the burden to state and local agencies associated with 

the OCS Air Regulations. The burden estimates are based on the data items and respondent 

activities described in section 4(a) of this ICR.

All costs are presented in 2011 dollars. A total compensation wage rate of $40.40 per 

hour was based on state/local rates obtained from "Employer Costs for Employee Compensation, 

Table 4: Employment Costs for State and Local Government Workers" U.S. Dept. of Commerce, 

BLS, June 2011. An overhead rate of 110 percent was assumed. 

Prepare Delegation Requests

The EPA has delegated the authority to implement and enforce the OCS regulations to 

four local air pollution control districts in California (SBCAPCD, SCAQMD, VCAPCD, 

SLOCAPCD). No additional delegation requests are expected during the period February 1, 2012

to January 31, 2015. 

New Exploration Sources Under State/Local Authority: State/Local Burden (Exhibit 7)

No new exploration sources under state/local authority are expected during the 3-year 

period covered by this ICR. If in the future such sources are located, the state/local agency would 

expend burden to consult, review the NOI, review the permit application, oversee the compliance 

test, conduct inspections and review data reports. Exhibit 7 provides a breakdown of the cost to 

the state/local air pollution control agency for implementing and enforcing the OCS Air 

Regulations. 

New Alternative Energy Sources Under State/Local Authority: State/Local Burden (Exhibit 8)

No new alternative energy sources under state/local authority are expected during the 

3-year period covered by this ICR. If in the future such sources are located, the state/local agency

would be subject to the same requirements as described for Exhibit 7. Exhibit 8 provides a 

breakdown of the cost to the state/local air pollution control agency for implementing and 

enforcing the OCS Air Regulations.

Existing Sources Under State/Local Authority: State/Local Burden (Exhibit 9)

The 23 existing development/production sources are located within 25 miles of the state's 

seaward boundary off of southern California and are under the authority of the local districts. 

The sources are generally required to conduct annual compliance tests and submit data reports to 

the local districts. In addition, the local districts conduct quarterly compliance inspections of the 

facilities. It is assumed that five of these sources will renew their operating permits each year 

during the time period covered by this ICR to comply with local agency regulations. Exhibit 9

provides a breakdown of the burden and cost to the local air pollution control district for 
25

implementing and enforcing the OCS Air Regulations for these sources. The average annual 

burden for the local districts is estimated to be 3,420 hours and $290,728.

Total State and Local Agency Burden and Costs

The average annual state/local burden to implement and enforce the OCS Air Regulations 

for the period from February 1, 2012 to January 31, 2015 is estimated to be 3,420 hours and 

$290,728 and is shown in Exhibit 14.

Total Respondents Burden

The total respondent burden includes: 24,754 hours and $2,207,249, plus $34,900 for 

O&M costs and $0 for capital costs for industry and 3,420 hours at a cost of $290,728 for state 

and local agencies. This gives a total of 28,174 hours at a cost of $2,497,977 and $34,900 for 

O&M costs and $0 for capital costs per year as shown in Exhibit 14.

6(c) ESTIMATING THE EPA BURDEN AND COSTS

This section presents estimates of the burden to the EPA associated with the OCS 

regulations. The burden estimates are based on the data items and respondent activities described 

in section 4(a) of this ICR.

All costs are presented in 2011 dollars. The federal labor cost was obtained from the U.S. 

Office of Personnel Management 2011 General Schedule Table 2011-GS. The hourly labor rate 

assumed is GS-12, Step 1 (Technical Labor). The corresponding salary is loaded with benefits at 

the rate of 60 percent. This approach to determining the loaded labor rate is consistent with the 

ICR Handbook, which states that salary is to be multiplied by a 1.6 benefits multiplication factor.

Review Requests for Delegation of Authority

The EPA has delegated the authority to implement and enforce the OCS regulations to 

four local air pollution control districts in California (SBCAPCD, SCAQMD, VCAPCD, 

SLOCAPCD). No additional delegation requests are expected during the period February 1, 2012

to January 31, 2015. Therefore, there is no burden associated with the processing of delegation 

requests for the 3-year time period covered by this ICR.

New and Previously Permitted Exploration Sources Under EPA Authority: EPA Burden

(Exhibit 10)

The five new exploration projects that will be under the regulatory authority of the EPA

will be required to prepare and submit NOIs to construct and preconstruction permit applications

before they begin operation, and to conduct initial compliance tests and submit the results. We 

have assumed that half of the new projects will be major sources (rounded up to three in order to 

be conservative) and the other half will be minor sources. The five new and five recently 

permitted exploration sources will be required to submit data reports to the EPA. Exhibit 10

provides a breakdown of the burden and cost to the EPA for implementing and enforcing the 
26

OCS Air Regulations for these sources in areas where the EPA has not delegated its authority to 

a state or local air pollution control district. The average annual burden is estimated to be 

486 hours and $22,371. 

New and Previously Permitted Alternative Energy Sources Under EPA Authority: EPA Burden

(Exhibit 11)

There are four new alternative energy projects anticipated to occur during the 3-year 

clearance period, as well as one recently permitted project that has not yet been constructed. We 

have assumed that the EPA will face the same burden as it would for new exploration sources, as 

described in Exhibit 10, except that the alternative energy projects will not be required to 

conduct initial compliance tests. Exhibit 11 shows the average annual burden to be 245 hours and 

$11,285.

New and Existing Development/Production Sources Under EPA Authority: EPA Burden

(Exhibit 12)

No new development/production sources are projected to occur under the EPA's

authority. If such sources are developed in the future, the EPA will conduct consultations, and 

review submittals of NOIs to construct, submittals of a PSD application, performances of a 

compliance tests, and recordkeeping and reporting tasks. Exhibit 12 shows the average annual 

burden during the period of this ICR (with no sources anticipated) to be 0 hours and $0.

Consistency Updates and Overseeing State/Local Activities: EPA Burden (Exhibit 13)

As required by §55.12, Consistency Updates, the EPA is required to update the OCS

rules as needed to maintain consistency with the regulations of onshore areas in order to attain 

and maintain federal and state ambient standards and comply with part C of title I of the CAA. 

Where an OCS activity is occurring within 25 miles of a state seaward boundary, consistency

reviews will occur at least annually. In addition, consistency reviews will occur upon receipt of 

an NOI and when a state or local agency submits a rule to the EPA to be considered for 

incorporation by reference in part 55.

We assumed that the annual consistency reviews that are not triggered by an NOI or 

regulatory review will be minimal efforts (4 hours/review) related to the areas with OCS activity. 

For this clearance period, we anticipate that up to 11 states (Alaska, California, Delaware, 

Florida, Georgia, Maryland, Massachusetts, New Jersey, North Carolina, Rhode Island, and 

Virginia) and the four California local agencies will require annual reviews to confirm that the 

OCS rules continues to be consistent with the existing on-shore regulations. This will result in up 

to 15 reviews per year.

We estimated the universe of NOI/regulatory reviews to be conducted in the 3-year 

clearance period by considering the projects that are projected in the next 3 years and whether 

the states currently have onshore OCS regulations. For states that currently have regulations, we 

expect that most of the consistency reviews to be fairly minor efforts (40 hours/review) related to 

evaluating the impact of changes. However, for states that do not currently have regulations or if 
27

the project that triggers the NOI results in major changes to the onshore rules, the consistency

review will be a more significant effort (150 hours/review). We assume the following 

distribution of sources and levels of review:

Alaska Coast (EPA Region X)

 1 major review

 2 minor reviews

Atlantic (EPA Regions I, II, III, IV))

 4 major reviews

Southern California (Local agency)

 2 minor reviews

There are no reviews needed for the eastern Gulf of Mexico sources, because these 

sources are located outside of the 25-mile limit. 

Exhibit 13 provides a breakdown of the cost and burden to the EPA to implement and 

conduct the consistency updates and to oversee the regulatory implementation in the districts 

where the authority has been delegated. The average annual burden for the EPA is estimated to 

be 363 hours and $16,713. 

Total EPA Burden and Costs

The average annual EPA burden to implement and enforce the OCS Air Regulations for 

the period from February 1, 2012 through January 31, 2015 is estimated to be 1,095 hours and 

$50,370 and is presented in Exhibit 14.

6(d) REASONS FOR CHANGE IN BURDEN

The burden estimates for the OCS Air Regulations have been revised due to two main 

factors:

 Projections from BOEM and other considerations have resulted in changes in the number, 

mix, and types of sources projected to occur in the upcoming clearance period. 

 The estimates have been calculated using 2011 dollars and pay rates.

6(e) BURDEN STATEMENT

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

is estimated to average 124 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 need to review instructions; develop, acquire, 

install, and utilize technology and systems for the purposes of collecting, validating, and 

verifying information, processing and ways to comply with any previously applicable 
28

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 currently

valid OMB control number. The OMB control numbers for the EPA's regulation are listed in 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, the EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OAR-2011-0742, which is available for online viewing at 

www.regulations.gov, or in person viewing at the Air and Radiation Docket and Information 

Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 

Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 

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

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

Docket and Information Center is (202) 566-1742. An electronic version of the public docket is 

available at www.regulations.gov. This site can be used to submit or view public comments, 

access the index listing of the contents of the public 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 above. Also, you can send comments to the Office of 

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

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

Number EPA-HQ-OAR-2011-0742 and OMB Control Number 2060-0249 in any

correspondence.
29

Table 1

Requirements References for Burden Activities 

Associated with OCS Air Regulations

Applicable 

Sections of OCS Air 

Regulations

Burden Activities

55.4 R Requirements to Submit a Notice of Intent

55.5 C Corresponding Onshore Area Designation

55.6 Permit Requirements

55.8 Monitoring, Reporting, Inspections, and Compliance

55.9 E Enforcement

55.11 D Delegation

55.12 C Consistency Updates

55.13 F Federal Requirements that Apply to OCS Sources

 55.14 F Federal, State, and Local Requirements that Apply to OCS 

Sources Located Within 25 Miles of States' Seaward 

Boundaries, by State
30

Table 2

Respondent Data and Information Requirements for

 Preparing PSD Construction Permits

Requirements

Current Regulation 

Reference 40 CFR CAA Reference

Description of the nature, location, design capacity, and 

typical operating schedule

51.166(n)(2)(i) [52.21(n)(1)(i)] 110(a)(2)(A)

Detailed schedule for construction 51.166(n)(2)(ii)

[52.21(n)(1)(ii)]

110(a)(2)(A)

Description of continuous emission reduction system, 

emission estimates, and other information needed to 

determine that BACT is used

51.166(n)(2)(iii) 

[52.21(n)(1)(iii)]

165(a)(4)

Air quality impact, meteorological, and topographical 

data

51.166(n)(3)(i) [52.21(n)(2)(i)] 165(a)(3)

Nature and extent of general commercial, residential, 

industrial, and other growth in area of source

51.166(n)(3)(ii) [52.21(n)(2)(ii)] 165(a)(6)

Use of air quality models to demonstrate compliance 

with NAAQS

51.166(k)&(l)

[52.21(k)&(l)]

165(a)(3)&(e)(3)(D)

Information necessary to determine adverse impacts on 

any air quality related values (including visibility) for 

Federal Class I areas

51.166(o)

[52.21(o)]

51.166(p)(4)

[52.21(p)(5)]

165(a)(5)

165(d)(2)(C)(iii)& (iv)

Air quality monitoring data 51.166(m)(1) [52.21(m)(1)] 165(a)(7)

110(a)(2)(B)&(F)

Impairment of visibility, soils, and vegetation 51.166(o)(1) [52.21(o)(1)] 165(e)(3)

Air quality impact resulting from general commercial, 

residential, industrial, and other growth associated with 

source

51.166(o)(2) [52.21(o)(2)] 165(e)(3)

Written notice of proposed relocation of portable source 51.166(i)(1)(iii)(d) 

[52.21(i)(1)(viii)(d)]

301

Description of the location, design construction, and 

operation of building, structure, facility, or installation

51.160(c)(2) 110(a)(2)(A)

Description of the nature and amounts of emissions to 

be emitted

51.160(c)(1) 110(a)(2)(F)(ii)

Description of the air quality data and dispersion or 

other air quality modeling used

51.160(f) 110(a)(2)(B)&(K)

Sufficient information to ensure attainment and 

maintenance of NAAQS

51.160(c)-(e)

51.161

51.162

51.163

110(a)(2)(A)
31

Table 3

Respondent Data and Information Requirements for Preparing 

Part D Construction Permits

Requirements

Regulation 

Reference

40 CFR

CAA Reference

Documentation that LAER is being applied 51.165(a)(2)(i) 173(a)(2)

Documentation that all sources owned or operated by same 

person are in compliance

51.165(a)(2)(i) 173(a)(3)

Documentation that sufficient emissions reductions are 

occurring to ensure reasonable further progress (RFP)

51.165(a)(2)(i) 173(a)(1)

Documentation that benefits of proposed source 

significantly outweigh the environmental and social costs 

imposed as a result of its location, construction, or 

modification

51.165(a)(2)(i) 173(a)(5)

Description of the location, design, construction, and 

operation of building, structure, facility, or installation

51.160(c)(2) 110(a)(2)(A)

Description of the nature and amounts of emissions to be 

emitted

51.160(c)(1) 110(a)(2)(F)(ii)

Description of the air quality data and dispersion or other 

air quality modeling used

51.160(f) 110(a)(2)(B)&(K)

Sufficient information to ensure attainment and 

maintenance of NAAQS

51.160(c)-(e)

51.161

51.162

51.163

110(a)(2)(A)

172(c)(6)