Supporting Statement For EPA Information Collection Request Number 1601.0 8 , Air Pollution Regulations for Outer Continental Shelf (OCS) Activities

Dec ember 2011i **Table of Cont en**  **t s**  **Section Page**  **1. IDENTIFICATION OF TH**  **E INFORMATION COLLEC TION**  **................................ .............**  **1** 1 ( A) TI TLE AND NUMBER OF THE INFORMATION COLLECTION ................................ ..... 1 1 ( B ) CHARACTERIZAT ION 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, CONS**  **ULTATION, AND OTHER COLLECTION**  **CRITERIA ................................**  **................................ ................................**  **................................ ......**  **6** 3( A) NONDUPLICAT ION ................................ ................................ ................................ ............. 6 3( B ) PUBLIC NOTICE REQUIRED PRIOR TO IC R 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) SENSIT IV E QUESTIONS ................................ ................................ ................................ ...... 8 **4. THE RESPONDENTS**  AND **THE INFORMATION REQU ESTED**  **................................ .......**  **8** 4 ( A) RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES ............ 8 4( B ) INFORMAT ION REQUESTED ................................ ................................ ............................. 9 **5. THE INFORMATION COLL**  **ECTED --**  **AGENCY ACTIVITIES, C OLLECTION,**  **METHODOLOGY AND INFO RMATION MANAGEMENT**  **................................ ...............**  **16** 5( A) A GENCY ACTIVITIES ................................ ................................ ................................ ....... 16 5( B ) COLLECTION METHODOLOGY AND MANAGEMENT ................................ ............... 17 5( C ) SMALL ENTITY FLEXIBILITY ................................ ................................ ......................... 18 5( D ) COLLECTION SCHEDULE ................................ ................................ ................................ 18 **6. ESTIMATING THE BURDE**  **N 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 ................................ ................................ ............ 27ii **List of Tables** Table Page 1. Requirements References for Burden Activities Associated with OCS Air Regulations .. 2 8 2. Respondent Data And In formation Requirements For Preparing PSD Construction Permits ................................ ................................ ................................ ............................... 2 9 3. Respondent Data and Information Requirements for Preparing Part D Construction Permits ................................ ................................ ................................ ............................... 30iii **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/L ocal Authority (Respondents’ Burden) .... Ex - 5 6. Existing Sources Under State/L ocal Authority ( Respondents’ Burden) ............................. Ex - 6 7 . New Exploration Sources Under State/Local Authority (State/L ocal Burden) ................... Ex - 5 8. New Alternative Energy Sources Under State/L ocal Authority (State/L ocal Burden) ....... Ex - 8 9. Existing Sources Under State/L ocal Authority (State/L ocal 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 1 4 . OCS Air Regulations Information Collection Burden ................................ ....................... Ex - 1 4iv **List of Acronyms and Abbreviations** ATC Authority

to Construct BACT Best Available Control Technology BL S 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 Employ

ment Cost Index EI S Environmental Impact S tatement EPA U.S. Environmental Protection Agency ICR In formation Collection Request LAER Lowest Achievable Emission Rate MMS Mineral Management Service, Department of the Interior NAAQS National Ambient Air Quality Standards NOA Nearest Ons hore Area NOI Notice of Intent NSR New Source Review OCS Outer Continental Shelf OMB Office of Management and Budget O&M Operating and Maintenance NAI CS 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 SL OAPCD San Luis Obispo County Pollution Control Division SI C Standard Industrial Classification SIP State Implementation Plan VCAPCD Ventura County Air Pollution Control District1

**1. IDENTIFICATION OF THE INFORMATION COLLECTION**  **1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTIO**  **N** This information collection request (ICR) is entitled “ Air Pollution Regulations for Outer Continental Shelf (OCS) Activities. " Environmental Protection Agency (EPA) number 1601.0 8 , 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 o f the s tates 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) retain ed 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 f

ederal and s tate ambient air quality standards and to comply with the provisions of part C of title Iof the CAA. 1 Sources located within 25 miles of a s tate ' s seaward boundary must comply

with the same s t ate/local air pollution control requirements as would be applicable if the source were located in the corresponding onshore area (COA). 2 Sources located more than 25 miles from a s tate ' s seaward boundary (25 - mile limit) must comply with EPA air pollution c ontrol 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 court ordered 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 I CR addresses the information collection burden (i.e., hours and costs) to industry respondents who are subject to the reporting, recordkeeping, an d testing requirements of the OCS air regulations. Industry respondents include owners or operators of existing and new or modified stationary

sources. This I CR also addresses the burden to the agencies who are responsible for implementing and enforcing th e 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 Re quirements f

or 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, unle ss 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 (SL OAPCD). The EPA implements and enforces the regulations for all other sources under its authority . All burden estimates are calculated for the 3 - ye ar period beginning February

1, 20 12 and ending January 31, 201 5 . 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 generall y 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 ty pical 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 ty pical development/production phase can last for over 30 years. These three phases are referred to as exploration, construction, and development/production, respectivel y, throughout the remainder of this I CR . In addition to oil and gas resource recovery projects, the pot ential 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 e missions from a wind energy project would occur primarily

in the construction phase. Primary emission sources would be barges, cranes, pile drivers, trans port 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 th ose 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 b y anchors. Air e missions during installation would result from vessels that deploy the d evices 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 tur bines 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 I CR renewal. In addition, BOEM projects a number of potential projects that involve installation of meteorological towers b y prospective developers for assessing wind energy potential . There is also the potential for projects that involve deploy

ment 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 BOEM 3 and review of the Region s IVand X OCS permitting web sites, we estimate that the following new and existi ng OCS activities will be covered b y this I CR renewal in the 20 12 to 20 15 timeframe: Alaska Coast (EPA Region X )  2 previously

permitted drilling vessels that will drill exploratory well s  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 Region s I , II, III, and IV) )  1 previously

permitted alternative energy project that will be constructed  4 new alternative energy projects 4 **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 f

ederal and s tate ambient air quality standards and to compl y with the provisions of part C of title Iof 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 (N oncompliance 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 Septembe r 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 do wnturn 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 s tates 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 s tate law, 2. Adequate authority

under s tat e 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: n otice of intent (NOI) to construct, p reconstruction permit application, c ompliance testing, o perating permit application, and r ecordkeeping 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 . N ot more than 18 months prior to submitting a permit application, the owner or operator must submit a NOIto 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, unl ess the Administrator determines that another area with more stringent requirements may be impacted by

the source . ( S ee CAA section 328(a)(4)(B) . ) Preconstruction Permit Applications All major sources must comply with all applicable preconstruction permi t 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 control s 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 b y the Nonattainment NSR5

program must represent the lowest achievable emission rate (LAER) and also demonstrate emission reduction offsets . Inaddition, 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 s ubmitted 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 ty picall y required b y 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 . Inaddition, annual compliance tests are required for existing sources in California. O perating 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 requirement s 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 th e COA . Inaddition 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 un derl yi ng applicabl e 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 generall y required to be retai ned 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 ye ars. The6

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 applie s to the C AA . **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 EI S and OCS programs be coordinated to the maximum extent possible to minim ize duplicating the collection of data . Some of the required information may also be available from s tate or other f ederal agencies . However, even when these data are available, they are not generall y adequate to address completel y the relevant requirement s of the OCS regulations. Section 328 of the CAA requires the OCS sources within 25 miles of the s tates ' seaward boundaries to meet the same requirements as are applicable in the COA . This includes the permitting, monitoring, recordkeeping , and reportin g requirements . The OCS Air Regulations require sources located beyond 25 miles from the s tates ' seaward boundaries to meet the requirements of the nationally promulgated programs (e.g., PSD, NSPS , and title V operating permit program s ) including the monitoring, recordkeeping , and reporting requirements of those programs . The onl y 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

th e 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 I CR 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 closel y involved in developing the estimate of the number and ty pes of sources expected to occur during the I CR 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 few7

Region al Office s ( IV, IX and X ) have been active in traditional oil and gas projects off the coast of Florida, California and Alaska . These projects ty pically involve relatively

few s ources and s tate and/or local jurisdictions . Inthe case of California, all of the projects are existing sources, and all of the affected parties have several ye ars 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 ty pes of sources and the burden associated with compl yi ng with the air rules. As introduced in the currently approved ICR, the EPA continues to recognize i n this I CR 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 f arthest along, and the source has obtained a permit but has not yet construc t ed . 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 ty pes of alternative energy

projects under considerati on 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 underl yi ng 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 I CR we are addressing three previously permitted and two projected new permits for exploration projects in the eastern Gulf of Mexico, two previousl y permitted and three projected new permits for exploration projects off the coast of Alaska , and one previousl y permitted and four projected new permits for alternative energy project s off the Atlantic coast , all of which are subject to EPA authority . We assume that half of the se existing and new projects will obtain their operating permits subsequent to initial permitting during the 3 - ye ar IC R clearance period . This is because for many sources, the initial permitting process includes issuance of the op erating permit. For the existing development/production sources assumed to be under the regulatory authority of local agencies, it was projected that five source s would renew their operating permit s each ye ar during the 3 - ye ar time period covered b y this I CR 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 I CR adheres to the guidelines stated in the 1995 Paperwork Reduction Act, the OMB ' s i mplementing 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. Th is requirement is a function of the underl yi ng 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 vio lations 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 - ye ar 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, Septe mber 1, 1976; amended b y 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 SI C codes (with accompanying North American Industry Classification Sy stem (NAICS ) codes in brackets), for so urces which may be subject to the OCS regulations, include the following:

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

o SI C code 1311 [211111] - Crude petroleum and natural gas o SI C code 1321 [211112] - Natural gas liquids o SI C code 1382 [213112] - Oil and gas field exploration services

 Major Group 44 [483] - Water Transportation

o SI C code 4449 [483211] - Water transportation of freight, not elsewhere classified o SI C code 4492 [48833] - Towing and tugboat services

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

o SI C code 4612 [48611] - Crude petroleum pipelines

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

o SI C code 4911 [221119 ] - Electric services (other electric power generation) o SI C 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 generall y 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 ty

pe 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 Region s IV and X OCS permitti ng web sites , the following OCS facilities were assumed for the purposes of this I CR: 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 010

Sources under the authority of the s tate/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 m inor 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 open ended , 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 day s per ye ar over multiple ye ars . 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 limitatio ns 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 C OA. Sources that obtain a PSD permit are not required to ob tain 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 NAI CS code.

 Estimat e 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 the11

projec t 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 ty pe 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 presentl y 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 wh ich govern the way s tates 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 s tates fail to implement part C programs . Table 3 summarizes the data and information requirements that must be included in all part D pre construction 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 emission s 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, they12

are subject to the minor source preconstruction permitting requirements of the C OA. 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 mechani sm 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., exploratio n, 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 b y this ICR which will be subject to the m inor NSR requirements of their C OAs. 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 include s a number of new exploration projects off of the coast of Alaska and in the eastern Gulf of Mexico . Th ese source s will be required to conduct initial emissions test s . 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 withi n 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 analy sis, it was assumed that these sources would be subject to 3 years of annual compliance testing. Operating Permits For the purpose of this analy sis, it was assumed that approximately half of the new and recentl y 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 ty pically 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;

 Id entification 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;

 Id entificatio n of r ecordkeeping requirements , including those required b y 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 ens ure that control techniques and inspection and maintenance procedures are being properl y 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 . F or th e previous renewal of this IC R we assume d that all of the se 23 existing sources would renew their existing operating permits d uring the 3 - ye ar clearance period . Because title V permits have a term of 5 ye ars, we do not believe that it is appropriate to assume that all 23 sources will renew their permits d uring the upcoming 3 - ye ar clearance period of this ICR renewal. Instead, we have assumed that five of these sources will renew their operating permits each ye ar. 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 cop y 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 NOIto 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 t o 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 anal ys is;

 Perform air quality modeling;

 Perform pre - and post - cons truction 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 anal ys is;

 Prepare and submit per mit application;

 Attend public hearing;

 Revise permit application per comments received from the permit reviewing authority and/or public comments. For the purpose of this analy sis, it was assumed that PSD permit application s 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 p roject s 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 analy ses to determine impacts on air quality related values in a Federal Class I area if the source's15

emissions will not impact a Federal Class I area . In addition, an owner or operator will onl y have to perform monitoring if requested b y 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. Th e activities asso ciated 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 analy sis, it was as sumed 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 m ethods of Reference Methods 3A, 6C, and 7E using the electro chemical 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 f

ollows:

 Prepare a pretest plan and submit the plan to the appropriate permit reviewing authority for review and approval at least 30 day s before conducting the tests;

 C lean and calibrate test equipment for tests;

 Perform tests;

 Analyze samples, summarize data, and write report. Operating Permits 6 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 submi t 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 mo nths, 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 mo nitoring/recordkeeping to help them meet the compl iance certification requirement. Estimates of burdens and costs for various types of sources subject to operating permit programs have be en approved separately by OMB. 40 CFR part 70 is generally implemented by s tate, local, or tribal permitting authoriti es, while 40 CFR part 71 is implemented in cases where EPA is required to issue permits (e.g., in areas of sole f ederal 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 alternati ve energy project sources are typicall y required to monitor the fuel usage and operating hours of each piece of equipment and each support vessel. Where add on control equipment is required, continuous monitoring typicall y is required. Once an owner or operator has obtained a title V operating permit , a monitoring report is required twice per ye ar and a compliance certification report is required annually . (Prior to issuance of a title V permit, only an annual report ty

pically 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 throu gh 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 L ocal 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 ty pically perform the foll owing activities:

 Answer respondent questions;

 L og - 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 s tate 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 f ederal 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 anal ys es for environmental impact statements for OCS leasing activities, and to comply with the consultation pro cess 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 NOIto construct, a preconstruction permit application , and an operating permit applicatio n 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 sub mitted 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 regulatio ns 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 control18

technology

determinations for similar sources . The BACT/LAER Clearinghouse data base will be rev iewed 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 b y the permit reviewing authority' s confidential inform ation handling procedures . The public will be provided the opportunity to review a permit application by obtaining a cop y of the application from the permit reviewing authority and by attending the public hearing. The OCS regulations do not require the re quest of information through any ty pe 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 agenc ies . 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 anal ys is, it was assumed that the se s ources would conduct activities throughout the tim e period covered b y this I CR . **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 20 11 dollars . The cost estimates are based on a respondent in house wage rate of $ 31.55 per hour and contractor wage rates of $ 47.22 per hour . These rates are from the Table 2, Employ ment Costs for Civilian Workers by Occupational and Industry Group ( in house based on “ Construction, Extraction, Farming, Fishing and Forestry , ” and contractor based on “Prof

essional and related”) U.S. Dep artment 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 ty pes of individuals (e.g., managers, engineers, technicians, legal staff, and clerical) required to complete19

the tasks and include direct personnel and overhead costs . The respondents ’ annual labor hours and costs for the 3 - year time period covered b y this I CR are presented in E xhibits 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 ty pical 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 recentl y permitted projects off the coas t of Alaska . However, for the purposes of this ICR, it was assumed th at 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 coast s 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) wil l be required to prepare and submit minor source preconstruction permit applications . See the discussion under E xhibit 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 E xhibit 1 is one - quarter the burden of preparing a PSD applicati on 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 Exhibi t 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 be cause 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 an d costs for these activities . For the estimated 20 responses, the average annual burden for the respondents is estimated to be 2,3 54 hours and $ 2 10,243 . Since the exploration vessels are expected to have all necessary monitoring equipment to meet the OCS A ir 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 I CR 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 purp oses of estimating burden, we have assumed that these sources will be treated much the same as new and recentl y 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 p rovides a breakdown of the burden and cost to the respondents for these activities . While there are no projected development project s expected to occur in the 3 - ye ar clearance period and the burden is zero, we have retained this exhibit for use in future r enewals . Future new source s are expected to read the regulations, consult with the EPA or the s tate/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 . Ty pical tasks which the contractor would perform in the preparation of the preconstruc tion 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 anal ys is;

 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

 Re vise permit application per comments received from the permit reviewing authority and/or public comments. Ty pical 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 day s before conducting the tests;

 Clean and calibrate test equipment for tests;

 Perform tests;

 Analyze samples, summarize data, and write report. The contractors would be expect ed to bill the services on an hourl y 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 reportedl y had to install a complex monitoring s ys tem, which cost almost $100,000 . Inaddition, 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 b y 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 estimate s 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 - ye ar clearance period . We estimate that O&M costs assoc iated 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 - ye ar clearance period we project that there will be no sources of this ty pe, 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 .

7 Based on a 2002 telephone conversation with Craig Strommen, Chief Inspector for the SBCAPCD. 8 Based on a 2002 telephone conversati on 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 s tate ' s regulations, the EPA Regional Office remains the regulat ory

authority until and unless the state requests and obtains delegation of that authority . If there were any sources, they w ould 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 w ould 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 Ty pical 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 day s 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 w ould not have to install any additional monitoring equipment to comply with the regulatory

requirements . Therefore, there w ould be no capital cost or O&M cost for these sources . New Alternative Energy

Sources Under State/L ocal Authority : Respondents’ Burden (Exhibit 5) As noted in Exhibit 2, w e estimate that there will be four new alternative energy projects off the Atlantic coast, and a fifth project recently has been permitted b ut 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 regulat ory authority until and unless the state requests and obtains delegation of that authority , which we do not expect to happen during the 3 - ye ar 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, f or the period covered b y 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/L ocal Authority : Respondents ' Burden (Exhibit 6 ) The existing 23 development/production sources off the southern California coast are located within 25 miles of the s tate ' 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 o f the minor NSR permit application . For the last I CR 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 b y th at renewal. Since title V permits have a term of 5 ye ars , we have reduced that estimate slightly

for the 3 - ye ar period of this ICR renewal to assume that five sources will apply to renew their title V permits each year. Ty pical tasks which the contractor will perform in conducting compliance tes ts include:

 Preparing a pretest plan and submit the plan to the appropriate permit reviewing authority for review and approval at least 30 day s before conducting the tests;

 Clean ing and calibrating test equipment for tests;

 Perform ing tests; and

 Analyz ing samples, summariz ing 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 avera ge 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 1 4 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 s tate 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 s tate 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 s tate/l ocal rates obtained from "Employer Costs for Employee Compensation, Table 4: Employ

ment Costs for State and Local Government Workers" U.S. Dept. of Commerce, BL S, 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, SL OCAPCD) . No additional delegation requests are expe cted during the period February 1, 2012 to January

31 , 2015 . New Exploration Sources Under State/Local Authority : S tate/L ocal Burden (Exhibit 7 ) No new exploration sources under state/local authority are expected during the 3 - ye ar period covered b y this I CR . 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/L ocal Authority : S tate/L ocal Burden (Exhibit 8) No new alternative energy sources under s tate/local authority are expected during the 3 - ye ar period covered b y this I CR . 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 co st to the state/local air pollution control agency for implementing and enforcing the OCS Air Regulations . Existing Sources Under State/L ocal Authority : S tate/L ocal Burden (Exhibit 9) The 23 existing development/production sources are located within 25 miles of the s tate ' 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 district s conduct quarterl y compliance inspections of the facilities . Itis assumed that five of these sources will renew their operating permits each ye ar during the time period covered b y 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 for25

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 $ 2 90 ,7 28 . Total State and Local Agency Burden and Costs The average annual s tate/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 $ 2 90,728 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 $ 2 90,728 for s tate and local agencies . This gives a total of 28,1 7 4 hours at a cost of $ 2,49 7 ,9 77 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 f ederal l abor c ost was obtained from the U.S. Office of Personnel Management 2011 General Schedule Table 2011 - GS . The hourl y 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 cons istent 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, SL OCAPCD) . 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 deleg ation requests for the 3 - ye ar time period covered b y this I CR. 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 NOI s 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 sourc es (rounded up to three in order to be conservative) and the other half will be minor sources. The five new and five recentl y permitted exploration sources will be required to submit data reports to the EPA . Exhibit 10 provides a breakdown of the burden an d cost to the EPA for implementing and enforcing the26

OCS Air Regulations for these sources in areas where the EPA has not delegated its authority to a s tate 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 recentl y 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 project s will not be require d to conduct initial compl iance 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 source s 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 I CR (with no sources anticipated) to be 0 hours and $ 0 . Consistency

Updates and Overseeing State/Local Activities: EPA Burden (Exhibit 13 ) As required b y § 55.12, Consistency Updates, the EPA is re quired to update the OC S rules as needed to maintain consistency with the regulations of onshore areas in order to attain and maintain f

ederal and s tate ambient standards and comply with part C of title Iof the CAA . Where an OCS activity

is occurring with in 25 miles of a s tate seaward boundary , consistency reviews will occur at least annually . In addition, c onsistency reviews will occur upon receipt of an NOI and when a s tate or local agency submits a rule to the EPA to be considered for incorporation b y reference in part 55. We assume d 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 OC S 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 - ye ar clearance period b y considering the projects that are projected in the next 3 years and whether the states currently

have onshore OCS regulations . For states that currentl y have regulations, we expect that most of the consistency reviews to be fairl y minor efforts (40 hours/review) related to evaluating the impact of changes . How ever, for s tates that do not currently have regulations or if27

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 Region s I , II, III, IV) )  4 major reviews Southern California (Local agency)  2 minor reviews There are no reviews needed for the e astern 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 dis tricts 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 ty

pe s of sources projected to occur in the upcoming clearance period .  The estimates have been calculated using 2011 dollars and pay rates . **6(e) BURDEN STATEM**  **ENT** 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 b y persons to generate, maintain, retain, or discl ose or provide information to or for a Federal agency. This includes the time need to review instructions; develop, acquire, install, and utilize technology and s ys tems for the purposes of collecting, validating, and verifying information, processing and w ay s to comply with any previously applicable28

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 display s 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 est ablished a public docket for this I CR 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 C enter 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 holiday s. The telephone numb er 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 o r 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 electronicall y. When in the system, select “search,” then key in the Docket ID Number identified ab ove. Also, you can send comments to the Office of In formation 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 - 074 2 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, b y State30 **Table 2 Respondent Data and**  **Information Requirements f or**  **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 im posed as a result of its location, construction, or mo dification 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)