1541ss09

13

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal), EPA ICR Number 1541.09, OMB Control Number 2060-0183

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Benzene Waste Operations, published at 40 CFR part 61, subpart FF, were proposed on September 14, 1989 and promulgated on March 7, 1990. These regulations apply to facilities that generate waste containing Benzene, such as chemical manufacturing plants, coke by‑product recovery plants, petroleum refineries, and those owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDF) which receive wastes from the above facilities, commencing construction, modification or reconstruction after the date of the proposal. This information is being collected to assure compliance with 40 CFR part 61, subpart FF.

In general, all NESHAP standards require initial notifications, performance tests, and periodic reports. Owners or operators also are required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NESHAP.

Facilities managing waste containing less than 1 megagram (Mg) of benzene must certify to that effect and maintain documentation to support their finding. Facilities managing more than 1 Mg and less than 10 Mg of benzene-containing waste must prepare an initial certification, test annually to verify that their waste stream still falls within this range, and maintain documentation to support these findings. Finally, facilities managing more than 10 Mg of waste must submit quarterly and annual reports documenting the results of continuous monitoring.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an average of one affected facility at each plant site and that each plant site has only one respondent (i.e., the owner/operator of the plant site).

We have assumed that an average of 270 sources will be subject to the regulation and 135 of those are estimated to have more than 10 Mg/yr of Benzene in the waste. It is estimated that no additional sources will become subject to the regulation over the next three years.

All of the benzene waste facilities in the United States are owned and operated by benzene waste industry (the “Affected Public”). None of the facilities in the United States are owned by state, local, tribal or the Federal government. They are all privately, owned for-profit businesses. The burden to the “Affected Public” is listed below in Table 1: Annual Industry Burden and Cost - NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal). The Federal government burden associated with the review of reports submitted by the respondent is shown below in Table 2: Average Annual EPA Burden - NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

The Office of Management and Budget (OMB) approved the currently active Information Collection Request (ICR) without any “Terms of Clearance.”

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants (HAP). These standards are applicable to new or existing sources of HAP and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, benzene emissions from benzene waste operations cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP standards were promulgated for this source category at 40 CFR part 61, subpart FF.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. In addition, the collected information is used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected facility’s initial capability to comply with the emission standard. Continuous emission monitors are used to ensure compliance with the standard at all times. During the performance tests, a record of the operating parameters under which compliance was achieved may be recorded and used to determine compliance in place of a continuous emission monitor.

The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to ensure that the pollution control devices are properly installed and operated, that leaks are being detected and repaired, and that the standards are being met. The performance test may also be observed.

The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures, and for compliance determinations.

3. Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 61, subpart FF.

3(a) Nonduplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (73 FR 31088) on May 30, 2008. No comments were received on the burden published in the Federal Register.

3(c) Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data sources and projections of industry growth over the next three years have been considered. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately 270 respondents will be subject to the standard over the three-year period covered by this ICR.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed. We contacted Sage Environmental Consulting, Mr. Larry Darcey at (866) 234-5768, and the National Petrochemical Refiners Association, Mr. David Friedman at (202) 457-0480.

It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the proper operation and maintenance of control equipment and the possibility of detecting violations would be less likely.

3(e) General Guidelines

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five-year records retention requirement is consistent with the part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. EPA has found that the most flagrant violators have violations extending beyond the five years. Without the five-year record retention, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are facilities which generate waste that contains benzene. The United States Standard Industrial Classification (SIC) codes for the respondents affected by the standards, which correspond to the North American Industry Classification System (NAICS) codes, are listed below for source category description.

Standard (40 CFR, part 61, subpart FF)	NAICS Codes
Chemical Products Manufacturing	325
Plastic Product Manufacturing	3261
Petroleum Refineries	32411
Integrated Iron and Steel Mills	331111
Remediation Services	56291
All Other Miscellaneous Waste Management Services	562998
Administration of Air and Water Resource and Solid Waste Management Programs	92411

4(b) Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

In this ICR, all the data recorded or reported is required by the NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF).

A source must make the following reports:

Notifications
Construction or modification application	61.07
Anticipated startup	61.09(a)(1)
Actual startup	61.09(a)(2)
Source reporting and request for waiver of compliance	61.10
Emission test and waiver of emission tests for flares and some waste incinerators	61.13
Initial performance test results	61.13(f)
Initial performance test	61.13(c)
Demonstration of continuous monitoring system	61.354(c)
Physical or operational change	61.15
Report that summarizes the regulatory status of each waste stream that contain benzene	61.357(a)
Initial certification of necessary equipment and inspection tests	61.357(d)(1)
Annual certification of benzene waste steams, benzene concentration, and benzene quantity determination	61.357(b), (c), (d)(2)
Notification of election to comply with alternative requirements and certification of benzene waste steams, benzene concentration, and benzene quantity determination	61.357(d)(4-5)
Quarterly reports certifying required inspections	61.357(d)(6)
Quarterly reports when monitored parameters are exceeded	61.357(d)(7)
Initial and quarterly reports of inspections during which detectable emissions or a problem is identified	61.357(d)(8)
Notification of election to comply with standard	61.357(e)
Initial and quarterly reports identifying all seal gap measurements that are outside limits	61.357(g)

A source must keep the following records:

Recordkeeping
Monitoring requirements	61.14
Monitoring of operation of treatment process or wastewater treatment	61.354 (a), (b)
Monitoring of alternative operational or process parameters`	61.354(e)
Monitoring of affected facilities	61.343-349
Startup, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative	61356
Emission test results and other data needed to determine emissions	61.13(g)
All reports and notifications	63.10(b)
Record of applicability	63.10(b)(3)
Records for sources with continuous monitoring systems	63.10(3)
Records of off-site shipment of waste	61.356(c)
Records of control equipment engineering design	61.356(d)
Records of engineering calculations, operating conditions, and performance tests	61.356(e)
Records of detectable emissions from closed vent systems and control devices	61.356(f)
Records of location, date and corrective actions for problems found during visual inspections	61.356(g)(1)
Records for each test of no detectable emissions	61.356(h)
Operational records for each control device, treatment process, and wastewater treatment system	61.356(i), (j)
Records are required to be retained for two years and they must be retained at the facility	61.356(a)
Measurements and determinations of annual waste quantity, water content, and benzene concentration	61.356(b)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents continue to create reporting systems to transmit data electronically. However, electronic reporting systems are not widely used. At this time, it is estimated that 10 percent of the respondents use electronic reporting.

Respondent Activities

Read instructions.

Perform initial performance test, Reference Method 21 tests, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

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

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

Adjust the existing ways to comply with any previously applicable instructions and requirements.

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

Transmit, or otherwise disclose the information.

Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system). Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

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

5(a) Agency Activities

EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the OTIS.

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operational. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.

Information contained in the reports is entered into OTIS which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities. EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. EPA delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for five years.

5(c) Small Entity Flexibility

The majority of the respondents are large entities (i.e., large businesses). However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Industry Burden for NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 19,148 (Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates:

Managerial $111.43 ($53.04 + 110%)

Technical $94.33 ($44.92 + 110%)

Clerical $45.28 ($21.56 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2008, “Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from column 1, “Total compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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

The only type of industry costs associated with the information collection activity in the regulations is labor costs. There are neither capital/startup nor operation and maintenance costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. The EPA compliance and enforcement program includes activities such as: the examination of records maintained by the respondents; periodic inspection of sources of emissions; and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $66,981.

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

Managerial $59.63 (GS-13, Step 5, $37.27 + 60%)

Technical $44.24 (GS-12, Step 1, $27.65 + 60%)

Clerical $23.94 (GS-6, Step 3, $14.96 + 60%)

These rates are from the Office of Personnel Management (OPM) “2008 General Schedule” which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden for NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

6(d) Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, on average over the next three years, approximately 270 existing respondents will be subject to the standard. The overall average number of respondents, as shown in the table below, is 270 per year.

The number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents
Year	(A) Number of New Respondents 1	(B) Number of Existing Respondents	(C) Number of Existing Respondents That Keep Records But Do Not Submit Reports	(D) Number of Existing Respondents That Are Also New Respondents	(E) Number of Respondents (E=A+B+C-D)
1	0	270	0	0	270
2	0	270	0	0	270
3	0	270	0	0	270
Average	0	270	0	0	270

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

To avoid double-counting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three-year period of this ICR is 270.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses
(A) Information Collection Activity	(B) Number of Respondents	(C) Number of Responses	(D) Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E) Total Annual Responses E=(BxC)+D
Periodic reports	270	1	0	270
			Total	270

The number of Total Annual Responses is 270.

The total annual labor costs are $1,738,751. Details regarding these estimates may be found below in Table 1: Annual Industry Burden and Cost - NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

6(e) Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 19,148. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 71 hours (rounded) per response.

Both the total annual capital/startup and Operation and Maintenance costs to the regulated entity are $0.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 1,552 labor hours at a cost of $66,981. See below Table 2: Annual Agency Burden and Cost: NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal).

6(f) Reasons for Change in Burden

There is an adjustment in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The increase in the number of sources from 234 to 270 was due to a thorough research of the industry and the data obtained from the trade associations and environmental consultant which resulted in a more accurate count of the affected facilities. This increase was not due to new or reconstructed facilities. This ICR also reflects the most recent hourly labor rates which take into account the managerial, technical and clerical burdens as compared to the previous ICR.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 71 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; to adjust the existing ways to comply with any previously applicable instructions and requirements; to train personnel to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2008-0298. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the content of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search” than key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is (202) 566-1927. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2008-0298 and OMB Control Number 2060-0183 in any correspondence.

Part B of the Supporting Statement

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

Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal)

Burden item	(A) Person hours per occurrence	(B) No. of occurrences per respondent per year	(C) Person hours per respondent per year (C=AxB)	(D) Respondents per year a	(E) Technical person- hours per year (E=CxD)	(F) Management person hours per year (Ex0.05)	(G) Clerical person hours per year (Ex0.1)	(H) Total Cost Per year b
1. Applications	N/A
2. Surveys and studies	N/A
3. Reporting requirements
a. Read instructions	See 3C
b. Required activities	See 3C
c. Create information
i. Determine quantity of benzene in waste l	2	1	2	0	0	0	0	$0
ii. Initial waste determination l	2	1	2	0	0	0	0	$0
iii. Treatment performance evaluation l	2	1	2	0	0	0	0	$0
iv. Annual waste determination c, d	2	1	2	270	540	27	54	$56,391.93
v. Monthly treated waste analysis e, f	1	12	12	14	168	8.4	16.8	$17,544.15
vi. Treatment/control device monitoring	See 4C
vii. Initial visual inspection l	2	1	2	0	0	0	0	$0
viii. Quarterly visual inspection g	2	4	8	135	1,080	54	108	$112,783.86
ix. Annual method 21 monitoring h	6	1	6	135	810	40.5	81	$84,587.89
d. Gather existing information	See 3E
e. Write report
New source
Notification of const/reconstruction	N/A
Notification of anticipated/actual startup	N/A
Notification/report of performance test	N/A
Existing sources
Initial report	N/A
Quarterly emission report	4	4	16	135	2,160	108	216	$225,567.72
Annual report	1	1	1	270	270	13.5	27	$28,195.97
Notification of offsite facility i	2	12	24	14	336	16.8	33.6	$35,088.31
Subtotal for Reporting Requirements						6,168.6		$560,159.83
4. Recordkeeping requirements
a. Read instructions	See 3A
b. Plan activities	See 4C
c. Implement activities
i. Filing and maintain records j	78	1	78	135	10,530	526.5	1,053	$1,099,642.63
ii. Concentration data (annual benzene quantity determination) k	0.5	12	6	112	672	33.6	67.2	$70,176.63
iii. Concentration data	0.5	12	6	14	84	4.2	8.4	$8,772.08
iv. Waste quantity data l	1	1	1	0	0	0	0	$0
d. Develop record system	See 4C
e. Time to enter information	See 4C
f. Train Personnel	N/A
g. Audits	N/A
Subtotal for Recordkeeping Requirements						12,978.9
					16,650	832.5	1,665	$1,738,751.17
TOTAL LABOR BURDEN AND COST (rounded)						19,147.5 19,148 (rounded)		$1,738,751

Assumptions:

^a We have assumed that the average number of respondents that will be subject to this rule will be 270. There will be no additional new sources that will become subject to the rule over the three-year period of the ICR. It is estimated that 135 sources that have a total annual benzene (TAB) quantity waste between 1 Mg/yr and 10 Mg/yr must file an annual report. It is also estimated that 135 sources that have a TAB greater than 10 Mg/yr and have complied with the control requirements must file quarterly reports.

^b This ICR uses the following labor rates: $111.43 per hour for Executive, Administrative, and Managerial labor; $94.33 per hour for Technical labor, and $45.28

per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March, 2008 “Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from column 1, “Total Compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

^c We have assumed that it will take each respondent two hours once per year to create the annual waste determination.

^d We have assumed that all facilities above 1 Mg/yr must evaluate waste streams annually TAB report.

^e We have assumed that it will take one hour each month for each respondents to create the monthly treated waste analysis information (0.5 hours for collection activities for all samples and 0.5 hours per sample for analysis for a total of 1 hour per sample).

^f We have assumed that 90 percent of 135 sources (121) will monitor process parameters, and the remaining 10 percent (14) must conduct monthly sampling.

^g We have assumed that 135 facilities that are expected to be greater than 10 Mg per year must comply with the quarterly visual inspection requirements.

^h We have assumed that 135 respondents will each take six hours once per year to comply with the annual method 21 monitoring requirements.

ⁱ We have assumed that 10 percent of facilities (14) will choose to ship their waste offsite once a month for treatment.

^j We have assumed that 135 respondents will take 78 hours once per year to comply with the record requirements.

^k.We have assumed that 112 respondents will take 30 minutes twelve times per year to repeat the benzene quantity determination.

^l We have assumed that this is a one time only activity.

Table 2: Average Annual EPA Burden - NESHAP for Benzene Waste Operations (40 CFR Part 61, Subpart FF) (Renewal)

Activity	(A) EPA person- hours per occurrence	(B) No. of occurrences per plant per year	(C) EPA person- hours per plant per year (C=AxB)	(D) Plants per year a	(E) Technical person- hours per year (E=CxD)	(F) Management person-hours per year (Ex0.05)	(G) Clerical person-hours per year (Ex0.1)	(H) Cost, $ b
Initial performance tests	N/A							$0
Report Review	N/A							$0
New Plant
Notification of construction c	2	1	2	0	0	0	0	$0
Notification of anticipated startup	N/A
Notification of actual startup	N/A
Initial report	N/A
Notification of performance test	N/A
Existing Plants
Quarterly reports d	2	4	8	135	1,080	54	108	$53,584.74
Annual recertification	1	1	1	270	270	13.5	27	$13,396.18
Subtotals Labor Burden and cost					1,350	67.5	135	$66,980.92
TOTAL ANNUAL BURDEN AND COST (rounded)					1,552.5 1,552 (rounded)			$66,981

Assumptions:

^a We have assumed that the average number of respondents that will be subject to this rule will be 270 and there will be no additional new sources that will become subject to the rule over the three-year period of the ICR. It is estimated that 135 sources that have a total annual benzene (TAB) quantity waste between 1 Mg/yr and 10 Mg/yr must file an annual report. It is also estimated that 135 sources that have a TAB greater than 10 Mg/yr and have complied with the control requirements must file quarterly reports.

^b This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $59.63 for Managerial (GS-13, Step 5, $37.27 x 1.6), $44.24 for Technical (GS-12, Step 1, $27.65 x 1.6), and $23.94 Clerical (GS-6, Step 3, $14.96 x 1.6). These rates are from the Office of Personnel Management (OPM) “2008 General Schedule” which excludes locality rates of pay.

^c We have assumed that this is a one-time activity for each new facility.

^d We have assumed that 135 respondents will review quarterly reports.

^e It is assumed that all respondents will take one hour each per year to review annual recertification.