2029ss04

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal), EPA ICR Number 2029.04, OMB Control Number 2060-0520

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing and Asphalt Roofing Manufacturing were proposed on January 10, 1989, and promulgated on November 20, 1990 (55 FR 48414). These standards apply to new and existing facilities that manufacture asphalt roofing products or oxidized asphalt that are major sources of hazardous air pollutants (HAPs), or are collocated at major sources. This information is being collected to assure compliance with 40 CFR part 63, subpart LLLLL.

Owners and operators of affected sources are subject to the monitoring, recordkeeping and reporting requirements of 40 CFR part 63, subpart A, the General Provisions, unless specified otherwise in the regulation. This rule requires sources to submit initial notifications, conduct performance tests if the source is using an add-on control device, and submit periodic compliance reports. In addition, sources are required to maintain records of the occurrence and duration of any start-up, shutdown, or malfunction in the operation if using an add-on control device; any period during which the monitoring system is inoperative; parametric monitoring data; system maintenance and calibration; and work practices to demonstrate initial and ongoing compliance with the regulation.

In the development of this Information Collection Request (ICR), we reviewed the Office of Management and Budget (OMB) Terms of Clearance (TOC) section on the active ICR. There are no TOC.

There is an average of 24 respondents per year over the next three years of this ICR. We have determined that approximately 22 of 135 existing asphalt processing and asphalt roofing manufacturing source categories, including 9 petroleum refineries that process asphalt, are estimated to be potential major sources subject to the NESHAP subpart LLLLL requirements. In addition, we have assumed that one new facility per year will become subject to this regulation. This information was confirmed with the rule lead addressing this source category at the Office of Air Quality Planning and Standards (OAQPS), information available in the active ICR, EPA database for the Clean Air Program, and existing background information on the industry gathered during rule development.

The burden to the “Affected Public” may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal). The burden to the “Federal Government” is attributed entirely to work performed by federal employees or government contractors; this burden may be found below in Table 2: Annual Burden and Cost for The Federal Government: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal)

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The Clean Air Act (CAA) provides authority to the Agency to establish standards to control air pollution and to ensure compliance with promulgated regulations through adequate recordkeeping and reporting by the affected industries (i.e., respondents). The regulations include the New Source Performance Standards (NSPS) under section 111 of the Act, the National Emission Standards for Hazardous Air Pollutants ( NESHAP) which includes the original NESHAP standards and the more recent Maximum Achievable Control Technology (MACT) or NESHAP-MACT standards under section 112 of the Act, and emission guidelines for the designated types incinerators under section 129 of the CAA.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards are used by regulatory agencies, the public and the regulated community for a variety of reasons including the determination of the respondent’s compliance status, analytical studies to demonstrate compliance trends, and evaluations regarding the efficacy of the promulgated regulations.

The required recordkeeping and reporting are also used to: 1) certify compliance with the regulations; 2) determine the respondent’s compliance with the designated emission limitations;

3) notify regulatory agencies when a standard is violated; 4) evaluate continuous compliance through the use of emission or operational parameter monitors; and 5) ensure that plant personnel are following the required procedures and are periodically trained, as indicated.

3. Non-duplication, Consultations, and Other Collection Criteria

3(a) Non-duplication

The standards do not require duplication in the collection and reporting of information. If the subject standards have not been delegated, the information is sent directly to the appropriate Environmental Protection Agency (EPA) regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.

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

It should be noted that the respondents, the industry trade associations, including the Asphalt Roofing Manufacturers Association (ARMA), and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purposes. The Agency’s internal industry experts have previously been consulted.

It is our policy to carefully review any comments received since the last ICR renewal including those submitted in response to the first Federal Register notice and respond appropriately. In this case, no comments were received.

3(d) Effects of Less Frequent Collection

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

3(e) General Guidelines

Neither the reporting nor recordkeeping requirements violate the regulations established by Office of Management and Budget (OMB) at 5 CFR part 1320, section 1320.5. However, most NESHAP standards and a few NSPS standards require records to be kept more than three years. In general, these standards require the respondents to maintain all records, including reports and notifications, for five years. The five-year record retention requirement is consistent with the permit program at 40 CFR part 70, 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 the respondent for purposes of determining the appropriate level of enforcement action. Historically, EPA notes that the most flagrant violations have extended beyond a five-year period. If records are retained for less than five years, EPA would be deterred from pursuing the most flagrant violations due to the destruction of records documenting noncompliance.

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

The recordkeeping and reporting requirements do not contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The Standard Industrial Classification (SIC) codes and corresponding North American Industry Classification System (NAICS) codes for the respondents are listed below.

Category	SIC code	NAICS code	Examples of regulated entities
Asphalt Felts and Coatings	2952	324122	Asphalt Shingle and Coating Materials Manufacturing
Petroleum Refining	2911	32411	Petroleum Refineries

This table is not meant to be exhaustive, but rather provides a guide for readers regarding the entities likely to be regulated by this standard. To determine whether the standard applies to a particular entity, review the applicability provisions in the standard.

4(b) Information Requested

(i) Data Items

Notification Reports
Initial notification requirements	63.9(b)(1)
Notification of compliance status when a source becomes subject to the standard	63.9(h), 63.5755(a)
Notification that source is subject to special compliance requirements, if applicable	63.9(d)
Notification of performance test	63.7(b), 63.9(e), 63.5755(a)
Rescheduled of performance test	63.7(b)(2)
Demonstration of continuous monitoring system	63.9(g), 63.5755(a)
Change in information already provided	63.9(j)
Request for an extension of compliance with relevant standard	63.9(c)

Reports
Application for approval of the construction or reconstruction of a new major affected source, or reconstruction of a major affected source	63.5(6)(d)
Performance test results	63.10(d)(2), 63.5755
Startup, shutdown and malfunction plan	63.6(e)(3), 63.5758(d)
Periodic startup, shutdown and malfunction reports	63.10(d)(5)(i), 63.5758
Progress reports for compliance extension (if applicable)	63.6(i)
Semiannual compliance reports	63.5758(b-c)

A source must keep the following records:

Recordkeeping
Startup, shutdown and malfunction plan	63.6(e)(3), 63.8694(a)(2)
All reports and notifications	63.10(b)(1), 63.8694(a)(1)
Records of startup, shutdown, and malfunction of process equipment	63.10(b)(2)(i), (iv), (v), 63.8694(a)(2)
Records of malfunctions of air pollution control equipment	63.10(b)(2)(ii)
Any applicability determination that demonstrates why owner or operator believes source is unaffected	63.10(b)(3)
Records of maintenance of air pollution control equipment	63.10(b)(2)(iii)
Records of performance tests, performance evaluations, and opacity and visible emissions observations	63.10(b)(2)(viii), 63.8694(a)(3), 63.8694(b), 63.6(h)(6)
Five-year retention of records	63.10(b)(1), 63.8695(c)

Electronic Reporting

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

Also regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically. However, electronic reporting systems are still not widely used. At this time, it is estimated that approximately 25 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

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.

Regulatory agencies, to the extent possible, are relying more on automated techniques such as electronic submissions of reports, and are improving their tracking systems and database systems to enhance the use of these techniques. However, electronic reporting systems are still

not widely used. At this time, it is estimated that approximately 25 percent of the respondents use electronic reporting.

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

5(a) Agency Activities

EPA conducts one or more of 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, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

5(b) Collection Methodology and Management

The required data and reports can be evaluated on-site by conducting a partial compliance evaluation, full compliance evaluation or inspection, or thru an off-site review of compliance monitoring records and reports. Evaluation reports and inspection results are maintained either by the Agency or its delegated authority.

The results of these evaluations are entered into the Air Facility Subsystem (AFS) which is operated and maintained by EPA's Office of Compliance. AFS is EPA’s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and delegated authorities can retrieve and analyze the data.

5(c) Small Entity Flexibility

Over 65 percent of the existing facilities subject to this NESHAP are classified as small businesses according to the Small Business Administration (SBA) size standards and NAICS code, as one with 100 to 500 employees or $5 million or less in annual sales.

However, the impact on small businesses was accounted for in the regulation development. The Agency has minimized the information collection burden by reducing the recordkeeping and reporting requirements to include only the information needed to determine compliance with the asphalt processing and roofing NESHAP. The asphalt processing and roofing NESHAP is applicable only to major source facilities.

Additionally, we have limited the monitoring, record keeping and reporting requirements for all facilities, including those owned by small businesses, to the minimum necessary to ensure compliance.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (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. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, the specific tasks and major assumptions have been identified when calculating the burden. 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 respondent burden is shown in Table 1: Annual Respondent Burden and Cost: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal). The labor hours in Table 1 are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the standard, 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 $100.99 ($48.09 + 110%)

Technical $87.97 ($41.89 + 110%)

Clerical $43.81 ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2005, “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 annual burden for respondent activities includes labor costs and operating and maintenance (O&M) costs. The asphalt processing and roofing NESHAP does not require any capital/startup costs. The capital/startup costs are one-time costs when a facility becomes subject to the regulation. We have assumed that all of the facilities have or will obtain add-on control devices that are already equipped with continuous parameter monitoring equipment. This monitoring equipment is required not only for compliance purposes but also to operate the control equipment.

The annual operation and maintenance (O&M) costs for this ICR is $25,407 which includes contractor costs for initial performance tests of add-on control devices and other costs such as file storage, photocopying and postage. Photocopying and postage costs are incurred when reports required by the rule are submitted to regulatory agencies. These costs were estimated to be $7.50 per report. The annual average cost of photocopying and postage is expected to be $406.50. Based on information gathered during rule development, the estimated contractor cost for initial performance tests of a PM control device, using EPA Method 5A, is $7,000; and for initial performance tests of a thermal oxidizer, using EPA Method 25A, is $25,000. We have assumed that all existing respondents have conducted performance test. We have further assumed that new respondents will be conducting an initial performance test for one add‑on control device, a thermal oxidizer. The annual average contractor cost for performance testing for the three years covered by this ICR was estimated to be $25,000.

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

The annual burden for respondent includes labor costs and operating and maintenance (O&M) costs. The asphalt processing and roofing NESHAP does not require any capital/startup costs. This is based on the assumption that all existing sources are in compliance with initial rule requirements and the assumption that the monitoring devices are integral parts of the control devices necessary to determine whether these are operating properly. The annual operation and maintenance costs include contractor costs for initial performance tests of add-on control devices and other costs such as file storage, photocopying and postage.

As discussed in Section 6(b)(iii), there are no total capital/startup costs for this ICR. The total operation and maintenance (O&M) costs for this ICR is $25,407 (rounded). The total annualized respondent costs over the next three years of the ICR is shown in block 14 (c), Total annualized cost requested. This has been calculated as the addition of the capital/startup costs and the annual operation and maintenance costs.

6(c) Estimating Agency Burden and Costs

The only costs to the Agency are those associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is $19,767, which is shown below in Table 2: Annual Burden and Cost for The Federal Government: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal).

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

Managerial $56.02 (GS-13, Step 5, $35.01 x 1.6)

Technical $41.57 (GS-12, Step 1, $25.98 x 1.6)

Clerical $22.50 (GS-6, Step 3, $14.06 x 1.6)

These rates from the Office of Personnel Management (OPM) 2005 General Schedule which excludes locality rates of pay.

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

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

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
Year	(A) Number of New Respondents 1	(B) Number of Existing Respondents	(C) Number of Existing Respondents That Keep Records but Do Not Submit Reports	(D) Number of Existing Respondents That Are Also New Respondents	(E) Number of Respondents (E=A+B+C-D)
1	1	22	0	0	23
2	1	23	0	0	24
3	1	24	0	0	25
Average	1	23	0	0	24

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

To avoid double-counting respondents column D is subtracted. The average Number of Respondents over the three-year period of this ICR is shown in column D.

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
Notification of compliance status	1	1	0	1
Notification/application of construction	1	1	0	1
Notification of actual startup	1	1	0	1
Notification of performance test and test plan	1	1	0	1
Report of performance test results	1	1.2	0	1.2
Report of semiannual compliance reports	24	2	0	48
Report of startup, shutdown, malfunction	1	1	0	1
Total				54.2

The number of Total Annual Responses, 54 (rounded), is shown in column E.

The Total Hours Requested, 12,017 (rounded). The total annual labor cost may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR part 63, subpart LLLLL) (Renewal).

The average annual Agency burden and cost over next three years is shown in Table 2: Annual Burden and Cost for The Federal Government: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR part 63, subpart LLLLL) (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.

(i) Respondent Tally

Details regarding the annual labor costs estimates may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR part 63, subpart LLLLL) (Renewal). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 223 hours per response.

The total annual capital/startup and O&M cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Cost.

(ii) The Agency Tally

The average annual Agency burden hours and cost over next three years is shown in Table 2: Annual Burden and Cost for The Federal Government: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR part 63, subpart LLLLL) (Renewal).

6(f) Reasons for Change in Burden

There is no change in the labor hours or cost to the respondents in this ICR compared to the previous ICR. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three years. Secondly, the growth rate for respondents is very low, negative, or non-existent. Therefore, the labor hours and cost figures in the previous ICR reflect the current burden to the respondents and are reiterated in this ICR. Apparent differences of less than 500 hours are attributable to rounding; in previous years, hours were rounded to the nearest thousand; this ICR presents more exact figures.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 223 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-2008-0373. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the docket center is (202) 566-1927. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2008-0373 and OMB Control Number 2060-0520 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 Asphalt Processing and

Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (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) Cost, $ b
1. Applications	N/A
2. Survey and Studies	N/A
3. Acquisition, Installation, and Utilization of Technology and Systems	N/A
4. Reporting Requirements
A. Read instructions:	25	1		25	1	25	1.3	2.5	$2,440.06
B. Required activities:
New Respondents c, d
i. Initial performance test	24	1		24	1	24	1.2	2.4	$2,337.61
ii. Repeat of performance test	24	1		24	0.2	4.8	0.2	0.5	$464.36
iii. Startup, shutdown, malfunction plan	40	1		40	1	40	2.0	4.0	$3,896.02
New and Existing Respondents
v. Monitoring of operating parameters and equipment: e	Included in 5E
C. Gather Existing Information	Included in 5D, 5E
D. Write report c, d
i. Notification of compliance status	4	1		4	1	4	0.2	0.4	$125.69
ii. Notification of intent to construct a major source and review application	4	1		4	1	4	0.2	0.4	$125.69
iii. Notification of initial construction/ reconstruction a	4	1		4	1	4	0.2	0.4	$125.69
iv. Notification of actual startup	4	1		4	1	4	0.2	0.4	$125.69
v. Notification of performance test	4	1		4	1	4	0.2	0.4	$125.69
vi. Reports of performance test results	Included in 4B, 5E
vii. Semiannual compliance reports d	12	2		24	24	576.0	28.8	57.6	$56,102.69
viii. Startup, shutdown, malfunction report f	8	1		8	1	8	0.4	0.8	$779.20
SUBTOTAL Reporting						802.5			$66,648.39
5. Recordkeeping Requirements
A. Read instructions	Included in 4A
B. Plan activities	10		1	10	1	10	0.5	1.0	$974.01
C. Implement activities	Included in 4B
D. Develop record system g	NA
E. Time to enter and transmit all information into record system h
i. Record performance tests	4	1		4	1	4	0.2	0.4	$125.69
ii. Record operating parameters	1	365		365	24	8,760.0	438.0	876.0	$853,228.38
iii Record malfunctions	2	1		2	1	2.0	0.1	0.2	$194.80
iv. Continuous parameter monitoring calibration and maintenance	4	5		20	24	480.0	24.0	48.0	$46,752.24
v. Store, file, and maintain records	20	1		20	24	480.0	24.0	48.0	$46,752.24
F. Time to train personnel	16	1		16	1	16	0.8	1.6	$1,558.41
G. Time for audits	N/A
SUBTOTAL Recordkeeping						11,214.8			$949,585.80
TOTAL LABOR BURDEN AND COST						10,449.8	522.49	1,044.98	$1,016,234.17
TOTAL LABOR HOURS (Rounded)						12,017			$1,016,234

Assumptions:

^a There is an average of 24 respondents per year over the next three years of this ICR. We have determined that approximately 22 of 135 existing asphalt processing and asphalt roofing manufacturing source categories, including 9 petroleum refineries that process asphalt, are estimated to be potential major sources subject to the NESHAP subpart LLLLL requirements. In addition, we have assumed that one new facility per year will become subject to this regulation.

^b This ICR uses the following labor rates: $100.99 per hour for Executive, Administrative, and Managerial labor; $87.97 per hour for Technical labor, and $43.81 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2005, “Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from “column 1, Total Compensation. “ The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

^c We have assumed that existing respondents are in compliance with initial rule requirements. New respondents would have to comply with the initial rule requirements including notifications and performance tests for add-on control devices.

^d We have assumed that the initial performance tests and reports are conducted by an emissions testing contractor, however, facility personnel will also work on-site to assist the contractor.

^e Monitoring and recordkeeping of operations for respondents with add-on control devices include: 1) specific operating parameters for each control device established during the performance test, 2) start-up, shutdown, and malfunctions of equipment, and 3) work practices.

^f We have assumed that one respondent with add-on controls per year will have at least one startup, shutdown or malfunction (SSM) that is not managed according to the SSM plan.

^g We have assumed that new respondents already have the technology and recordkeeping systems in place to monitor its daily operations and to comply with existing regulations.

^h We have assumed that it takes respondents the following approximate times to meet recordkeeping requirements: 1) one hour per day for recording operating parameters, 365 days per year; 2) four hours per year to calibrate and provide maintenance to continuous parameter monitors five times per year; and 3) and 16 hours per year to train new employees on add-on control devices, continuous parameter monitoring technology and requirements, and review and implementation of startup, shutdown, and malfunction plans.

Table 2: Annual Burden and Cost for The Federal Government: NESHAP for Asphalt Processing

and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (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
New Respondents:
i. Notification of compliance status	4	1	4	1	4.0	0.2	0.4	$186.48
ii. Notification of intent to construct a major source and review application	4	1	4	1	4.0	0.2	0.4	$186.48
iii. Notification of start of construction	2	1	2	1	2.0	0.1	0.2	$93.24
iv. Notification of actual startup	2	1	2	1	2.0	0.1	0.2	$93.24
v. Notification of initial performance test and test plan	4	1	4	1	4.0	0.2	0.4	$186.48
New and Existing Respondents
i. Report of performance test results including operating parameters	20	1	20	1	20.0	1.0	2.0	$932.42
ii. Review of semiannual compliance reports	8	2	16	24	384.0	19.2	38.4	$17,902.47
iii. Review of startup, shutdown, malfunction reports d	4	1	4	1	4.0	0.2	0.4	$186.48
Subtotal Burden and Cost					424.0	21.2	42.4	$19,767.29
TOTAL ANNUAL BURDEN AND COST (rounded)					488			$19,767

Assumptions:

^a There is an average of 24 respondents per year over the next three years of this ICR. We have determined that approximately 22 of 135 existing asphalt processing and asphalt roofing manufacturing source categories, including 9 petroleum refineries that process asphalt, are estimated to be potential major sources subject to the NESHAP subpart LLLLL requirements. In addition, we have assumed that one new facility per year will become subject to this regulation. .

^b This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: Managerial rate of $56.02 (GS-13, Step 5, $35.01 x 1.6), Technical rate of $41.57 (GS-12, Step 1, $25.98 x 1.6), and Clerical rate of $22.50 (GS-6, Step 3, $14.06 x 1.6). These rates are from the Office of Personnel Management (OPM) 2005 General Schedule which excludes locality rates of pay.

^c We have assumed that existing sources have comply with the initial rule requirements. New respondents are required to conduct performance test for add-on control equipments, submit initial notifications and prepare startup, shutdown and malfunction (SSM) plans.

^d Sources are required to submit semiannual compliance reports and startup, shutdown and malfunction (SSM) reports if there is an occurrence that is not managed according to the SSM plan.

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