1844ss04

13

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (Renewal), EPA ICR Number 1844.04, OMB Control Number 2060-0554

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR part 63, subpart UUU) were proposed on September 11, 1998, promulgated on April 11, 2002, and amended on February 9, 2005. These regulations apply to three types of affected sources at major source petroleum refineries. The three affected sources are: the fluid catalytic cracking unit catalyst regeneration; the catalytic reforming unit catalyst regeneration; and the sulfur recovery unit. The rule also includes requirements for by-pass lines associated with the three affected sources. New facilities include those that commenced construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 63, subpart UUU.

The rule provides a wide variety of compliance and monitoring options. Depending on the affected source and compliance option, the rule may require a continuous opacity monitoring system, a continuous emission monitoring system, a continuous parameter monitoring system, manual inspections, and/or calculations. Continuous opacity monitoring systems (COMS) and continuous emission monitoring systems (CEMS) are in-place at a majority of the facilities due to the requirements of the New Source Performance Standards (NSPS) for Petroleum Refineries (40 CFR part 60, subpart J).

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

Any owner/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 and AFS, we have determined that 132 major petroleum refineries have one or ore affected facilities subject to the standard. Furthermore, we have estimated that there is an average of 486 affected units at the 132 major source petroleum refineries. No new or reconstructed facilities are expected over the next 3 years. However, it is estimated that three affected emission source units had qualified for a compliance date extension and would be complying with the initial compliance requirements during the period of this ICR (one per year); and one affected facility (0.33 per year) will conduct a performance test due to a process/operating change. The 132 respondents to this ICR are publicly owned and operated by petroleum refineries. None of the facilities are owned by either state, local and tribal agencies or the Federal Government.

The burden to the “Affected Public” (i.e., major source petroleum refineries) can be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (Renewal). The burden to the “Federal government” is attributed entirely to work performed by Federal employees or government contractors. The burden to the Federal government can be found below in Table 2: Annual Burden and Cost to the Federal/State Government: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (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. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any owner/operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) 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, metal hazardous air pollutants (HAP) and organic HAP emissions from catalytic cracking units; organic and inorganic HAP emissions from catalytic reforming units; and HAP emissions from sulfur recovery units and bypass lines, either cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR part 63, subpart UUU.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure compliance with the applicable regulations which where promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.

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

The notifications required in the standards are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and leaks are being detected and repaired and 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. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 63, subpart UUU.

3(a) Non-duplication

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

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

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (75 FR 30812) on June 2, 2010. No comments were received on the burden published in the Federal Register.

3(c) Consultations

The assumptions made in the development of this ICR, including the estimate on the number of petroleum refineries subject to the standard, were reviewed and updated, if needed, by the Agency in consultation with David Friedman of the National Petrochemical and Refiners Association (NPRA) who consulted with some of its committee members. In addition, we consulted the Agency’s internal data sources including our own industry experts and the Air Facility System (AFS), which is the EPA database for the collection, maintenance, and retrieval of all compliance data. The information in AFS is reported by industry as required in the recordkeeping and reporting provisions of the standard. AFS is operated and maintained by the EPA Office of Compliance. We have estimated that there are approximately 132 existing respondents subject to the standard, and no new sources will become subject to the standard over the three-year period covered by this ICR.

The Agency also has the policy to respond after a thorough review of the comments received from the public since the last ICR renewal, as well as those submitted in response to the first Federal Register notice. In this case, no comments were received.

3(d) Effects of Less Frequent Collection

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

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 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 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 five years. In addition, 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

The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are owners or operators of major source petroleum refineries. The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is code 2911 which corresponds to the North American Industry Classification System (NAICS) code 32411 for petroleum refineries that operate catalytic cracking units, catalytic reforming units, or sulfur recovery units.

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by the NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU).

A source must make the following reports:

Notification Reports
Notification of intention to construct or reconstruct	63.9(b)(5), 63.1574(a)
Notification of anticipated date of initial startup	63.9(b)(4)(iv), 63.1574(a)
Notification of commencement of construction	63.9(b)(4)(iii), 63.1574(a)
Notification of the actual date of startup	63.9(b)(4)(v), 63.1574(a)
Notification of performance tests	63.7(a) and 63.9(e), 63.1574(a)
Notification of compliance status	63.9(g), 63.1574(d), (f)
Request for compliance extension	63.9(c), 63.1574(e)

Reports
Semiannual compliance reports	63.10(e)(3), 63.1575
Startup, shutdown, and malfunction plan/reports	63.6(3), 63.10(d)(5), 63.1570, 63.1575

A source must keep the following records:

Recordkeeping
Maintain records of startup, shutdown, and malfunction plan/reports	63.1576(a)(2), 63.10(b)(2)
Maintenance	63.10(b)(2)(iii), 63.1576(d)
CMS/CEM malfunction	63.1576(b), 63.10(c)
Emissions data	63.1576(a)(3), 63.10(d)
Notification of compliance status	63.1576(a)(1), 63.9(h)
CEM quality assurance plan	63.1576(b), 63.8(d)
CEM general provisions	63.1576(b), 63.10(c)
Records are required to be retained for 5 Years	63.10(c), 63.428(d)

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 still not widely used. At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS for opacity or emission monitoring for catalytic cracking units, catalytic reforming units and sulfur recovery systems.

Perform initial performance test, Reference Method 5B or 5F (40 CFR Part 60) test for PM, 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.

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

Transmit, or otherwise disclose the information.

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

5(a) Agency Activities

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

Agency Activities

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

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by the EPA Office of Compliance. AFS is the EPA database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 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 its 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

A 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. A small entity for petroleum refineries is defined as a firm having no more than 1,500 employees and no more than 75,000 barrels per day capacity corporately. Numerous compliance and monitoring alternatives are provided in the rule to give small entities a maximum degree of operational flexibility. The rule requirements are considered to be the minimum necessary to demonstrate compliance.

Under section 112(i) of the Clean Air Act, the Administrator or applicable permitting authority also may grant one (1) additional year if more time is needed to install controls for a source. This additional time will ease any capital availability problems for plants in marginal economic condition. The Agency expected three affected units to qualify for the compliance extension.

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 Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (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 each of the subparts 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. 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 11,040 ( Total Labor Hours from Table 1). The recordkeeping hours shown below in Table 1 are 7,936. The reporting requirement hours shown below in Table 1 are 3,103. 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 $105.86 ($50.41 + 110%)

Technical $92.61 ($44.10 + 110%)

Clerical $45.32 ($21.58 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2006, Table 2. Civilian Workers, by Occupational and Industry group. The rates are from column 1, Total Compensation. The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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

The type of industry costs associated with the information collection activities in the subject standards are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.

The capital/startup costs are one-time costs when a facility becomes subject to the regulation. There is no capital cost for continuous monitoring since we have assumed that all existing respondent have installed the necessary equipment for monitoring and for file storage, as described in the total of column D below. The annual operation and maintenance costs are the ongoing costs to maintain continuous emission monitors (CEMS), continuous opacity monitors (COMS) and/or parametric monitors (CPMS) at the affected facilities including: fuel catalytic cracking units (FCCUs); catalytic reforming units (CRUs); sulfur recovery units (SRUs); photocopying and postage, as described below. We have assumed that a respondent would monitor the affected emission units either using a CEMS or CPMS.

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

Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A) Continuous Monitoring Device	(B) Capital/Startup Cost for One Affected Facility	(C) Number of New Affected Facilities	(D) Total Capital/Startup Cost (B X C)	(E) Annual O&M Costs for One Affected Facility	(F) Number of Affected Facilities with O&M	(G) Total O&M, (E X F)
COMS (FCCUs)	$95,700	0	$0.00	$28,600	13	371,800
CPMS (FCCUs)	$18,900	0	$0.00	$25,350	43	$1,090,050
CPMS (CRUs)	$0.00	0	$0.00	$24,056 *	132	$3,175,392
CPMS (SRUs)	$74,000	0	$0.00	$26,000	84	$2,184,000
CEMS (SRUs)	$150, 000	0	$0.00	$34,840	29	$1,010,360
TOTAL			$0.00			$7,831,602

* Note: We estimate that there are 177 CRUs using CPMS for monitoring (i.e., an average of 1.34 CRUs per respondent ) at a cost of $17,940 per CPMS which total $24,056 per respondent.

The annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR are estimated to be $7,831,602. There are no capital costs in the renewal of this ICR since existing sources have already installed the necessary monitoring equipment to comply with the standard, as described in the total of column D, above. The operation and maintenance costs to industry over the next three years of the ICR are estimated to be $7,831,602, as described in Column G, above. We have determined that many of the FCCUs and SRUs are now subject to the NSPS requirements and the associated monitoring would not be attributed to this ICR.

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 review 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 $25,813 (see Table 2 below.)

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

Managerial $58.18 (GS-13, Step 5, $36.36 + 60%)

Technical $43.17 (GS-12, Step 1, $26.98 + 60%)

Clerical $23.36 (GS-6, Step 3, $14.60 + 60%)

These rates are from the Office of Personnel Management (OPM) 2007 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: Annual Burden and Cost to the Federal/State Government: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (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 132 existing respondents will be subject to the standard. It is estimated that no additional respondents per year will become subject to the standard. However, it is estimated that three affected emission source units had qualified for a compliance date extension and would be complying with the initial compliance requirements during the period of this ICR (one per year); and one affected facility (0.33 per year) will conduct a performance test due to a process/operating change. The overall average number of respondents per year subject to this standard is calculated using the following table that addresses the three years covered by this ICR.

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
Year	(A) Number of New Respondents 1	(B) Number of Existing Respondents	(C) Number of Existing Respondents that keep records but do not submit reports	(D) Number of Existing Respondents That Are Also New Respondents	(E) Number of Respondents (E=A+B+C-D)
1	1.3	132	0	1.3	132
2	1.3	132	0	1.3	132
3	1.3	132	0	1.3	132
Average	1.3	132	0	1.3	132

¹ New respondents include sources with constructed, reconstructed, and modified affected facilities. In this standard, existing respondents submit initial notifications.

.

Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 132.

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 performance test	1.33	1	0	1.33
Semiannual compliance report	2	132	0	264
			Total	265.33

The number of Total Annual Responses is 265 (rounded). The total annual labor costs are $983,339 (rounded). Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (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 11,040. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (Renewal). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 42 hours (rounded) per response.

The total annual capital/startup and O&M costs to the regulated entity are $7,831,602. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 620 labor hours (rounded) at a cost of $25,813 (rounded). See below Table 2: Annual Agency Burden and Cost: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (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: 1) the regulations have not changed over the past three years and are not anticipated to change over the next three years; and 2) the growth rate for the 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. However, there is a correction of a previous error in the calculation of the O&M costs from $6,850,602 to $7,831,602.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 42 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

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

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2010-0375. 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 Avenue N.W., Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the docket center is (202) 566-1752. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2010-0375 and OMB Control Number 2060-0554 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 Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (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	40	1	40	0	0.0	0.0	0.0	$0.00
4. Reporting Requirements
A. Read instructions c	2	1	2	1.33	2.7	0.1	0.3	$274.24
B. Required activities c
Initial Performance test c	40	1	40	1	40.0	2.0	4.0	$4,097.40
Performance test d	40	1	40	0.33	13.2	0.7	1.3	$1,355.47
Startup, shutdown, malfunction Plan	40	1	40	0	0.0	0.0	0.0	$0.00
Operating, maintenance, and monitoring plan b	40	1	40	0	0.0	0.0	0.0	$0.00
C. Create information	See 4B
D. Gather existing information	See 4B
E. Write report
Notification of construction/ reconstruction	2	1	2	0	0.0	0.0	0.0	$0.00
Notification of actual startup	2	1	2	0	0.0	0.0	0.0	$0.00
Notification of special compliance requirements	N/A
Notification of performance test b	2	1	2	1.33	2.7	0.1	0.3	$274.24
Notification of compliance Status b	4	1	4	0	0.0	0.0	0.0	$0.00
Extended compliance request	N/A
Report of performance test c	See 4B
Semiannual compliance reports e	10	2	20	132	2,640.0	132.0	264.0	$270,428.40
5. Recordkeeping Requirements
A. Read instructions	See 4A
B. Plan activities c	See 4B
C. Implement activities c	See 4B
D. Develop record system f	N/A
E. Time to enter information g& h
Records of operations	1	52	52	132	6,864.0	343.2	686.4	$703,113.84
F. Time to train personnel	4	1	4	1	4	0.02	0.4	$409.74
G. Time to adjust existing ways to comply with previously applicable requirements	N/A
H. Time to transmit or disclose Information b& i	0.25	1	0.25	132	33.0	1.7	3.3	$3,385.65
I. Time for audits	N/A
Subtotal Labor Burden					9,596.9	479.9	959.74	$983,338.98
TOTAL LABOR BURDEN AND COST					11,040 (rounded)			$983,339

Assumptions:

^a We have determined that 132 major petroleum refineries operate have one or more affected facilities subject to the standard. Furthermore, we have estimated that there is an average of 486 affected units at the 132 major source petroleum refineries. No new or reconstructed facilities are expected over the next 3 years.

^b This ICR uses the following labor rates: $105.86 per hour for Executive, Administrative, and Managerial labor; $92.61 per hour for Technical labor, and $45.32 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2006, ”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 all existing respondents (132 major source petroleum refineries) over the 3-year term of this ICR have complied with rule initial requirements including the initial performance test. However, it was estimated that three (3) affected units had qualified for the compliance date extension due to installation of control equipment and, therefore, would be complying with the initial performance test during the period of this ICR (one per year).

^d We have assumed that one respondent over the 3-year term of this ICR will conduct a performance test due to significant process/operating change

(1/3 = 0.333).

^e All sources would be submitting semiannual compliance reports.

^f We have assumed that sources have the record system in place to monitor operations.

^g Depending on the compliance option for the affected facility (i.e., catalytic cracking unit, sulfur recovery units, and by-pass lines) selected by the respondent and the size of the catalytic cracking unit and control device used (e.g., wet scrubber, electrostatic precipitator and thermal incinerators), sources are required to either installed continuous opacity monitoring systems and/or continuous parameter monitoring, or choose an alternative option for parameter monitoring.

^h We have assumed that all respondents would have to keep records of their operations according to the operation and maintenance plan.

ⁱ We have assumed that it takes respondents approximate one hour to record data per week (52 weeks) and 15 minutes to transmit it semiannually.

N/A Not applicable.

Table 2. Annual Burden and Cost to the Federal/State Government: NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (40 CFR Part 63, Subpart UUU) (Rounded)

Activity	(A)Hours per occurrence	(B) Hours per plant per year	(C) Plants per year	(D) Technical person-hours per year (D=BxC)	(E) Management person-hours per year (Dx0.05)	(F) Clerical person-hours per year (Dx0.1)	(G) Cost, $ a
Report Review
Notification of construction/reconstruction	N/A
Notification of actual startup	N/A
Notification of special compliance Requirements	N/A
Notification of initial performance test b	2	2	1.33	2.7	0.1	0.3	$129.39
Notification of performance test c	2	2	1.33	2.7	0.1	0.3	$129.39
Notification of compliance status	2	2	0	0	0.0	0.0	$0.00
Review of operation, maintenance, and monitoring plan b	4	4	0	0	0.0	0.0	$0.00
Review of repeat performance test report	8	8	0	0	0.0	0.0	$0.00
Review of compliance report	N/A
Review of semiannual compliance reports d	2	4	132	528	26.4	52.8	$25,553.77
Review of NESHAP waiver application	4	4	0	0.0	0.0	0.0	$0.00
Subtotal Burden and Cost				533.4	26.6	53.8	$25,812.55
TOTAL BURDEN AND COST (SALARY)				614			$25,813

Assumptions:

^a This cost is based on the following labor rates: Managerial rate of $58.18 (GS-13, Step 5, $36.36 + 60%), Technical rate of $43.17 (GS-12, Step 1, $26.98 + 60%), and Clerical rate of $23.36 (GS-6, Step 3, $14.60 + 60%). These rates are from the Office of Personnel Management (OPM) A2007 General Schedule@ which excludes locality rates of pay.

^b We have assumed that all existing respondents (132 major source petroleum refineries) over the 3-year term of this ICR have complied with the rule initial requirements including the initial performance test. However, it was estimated that three (3) affected units had qualified for the compliance date extension due to installation of control equipment and, therefore, would be complying with the initial performance test during the period of this ICR (one per year).

^c We have assumed that one respondent over the 3-year term of this ICR will conduct a performance test due to significant process/operating change

(1/3 = 0.333).

^d All sources would be submitting semiannual compliance reports.

N/A Not applicable.