1080ss14

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal), EPA ICR Number 1080.14, OMB Control Number 2060-0185

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR part 61, subpart L) were promulgated on September 14, 1989 (54 FR 38073) and amended on: December 15, 1989 (54 FR 51699); April 13, 1990 (55 FR 14037); September 14, 1990 (55 FR 38073); September 19, 1991 (56 FR 47406); February 12, 1999 (64 FR 7458); October 17, 2000 (65 FR 61744); and December 14, 2000. These regulations apply to each of the following sources at furnace and foundry coke by-product recovery plants: tar decanters, tar storage tanks, tar-intercepting sumps, flushing-liquor circulation tanks, light-oil sumps, light-oil condensers, light-oil decanters, wash-oil decanters, wash-oil circulation tanks, naphthalene processing, final coolers, final-cooler cooling towers, and equipment intended to operate in benzene service, including: pumps, valves, exhausters, pressure relief devices, sampling connection systems, open-ended valves or lines, flanges or other connectors, and other control devices or systems. The provisions of this subpart also apply to benzene storage tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-liquor storage tanks at furnace coke by-product recovery plants. This information is being collected to assure compliance with 40 CFR part 61, subpart L.

The NESHAP for the regulations published at 40 CFR part 61, subpart Y were promulgated on September 14, 1989 (54 FR 38077) and amended on December 11, 1989 (54 FR 50887); October 17, 2000 (65 FR 61744); and December 14, 2000 (65 FR 78268). The standard applies to each benzene storage vessel with a design storage capacity greater than or equal to 38 cubic meters (10,000 gallons). Storage vessels with a design storage capacity below 38 cubic meters (10,000 gallons) are exempt. Also exempt are storage vessels used for storing benzene at coke by-product facilities; vessels permanently attached to motor vehicles such as trucks, rail cars, barges or ships; and pressure vessels designed to operate in excess of 204.9 kPa (29.72 psia) and without emissions to the atmosphere. This information is being collected to assure compliance with 40 CFR part 61, subpart Y.

The monitoring, reporting, and record keeping burden for owners and operators of new or reconstructed sources subject to subpart Y is included separately under the New Source Performance Standards (NSPS) for storage vessels at 40 CFR part 60, subpart Kb, which have similar monitoring, reporting, and record-keeping requirements. To avoid double-counting, the “burden” associated with new sources is not presented in this ICR.

In general, all NESHAP standards require initial notification reports, 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 two 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 U. S. Environmental Protection Agency (EPA) regional office.

Over the next three years, an average of 17 respondents per year will be subject to subpart L, and an average of 4 respondents per year will be subject to subpart Y. No additional respondents per year will become subject to either standard.

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

The “Affected Public” are owners or operators of benzene storage vessels and coke by-product recovery plants. The “burden” to the Affected Public may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal). The “burden” to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors. This burden may be found below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

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, benzene emissions from storage vessels and coke by-product recovery plants either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NESHAPs were promulgated for this source category at 40 CFR part 61, subparts L and Y.

2(b) Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure compliance with the applicable regulations which were 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, that leaks are being detected and repaired, and the standards are being met. The performance test may also be observed.

The required annual and 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 61, subparts L and Y.

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, duplication does not exist.

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 (78 FR 35023) on June 11, 2013. 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.

Consultations with industry representatives (i.e., respondents) were conducted to determine if there is any way for EPA to reduce the recordkeeping and reporting burden or improve the language in the standards to make it easier to comply. In developing this ICR, EPA contacted: 1) the American Coke and Coal Chemicals Institute, at (202) 452-7198; and 2) the American Iron and Steel Institute, at (202) 452-7122.

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. 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.

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 benzene storage vessels and coke by-product recovery plants. The United States Standard Industrial Classification (SIC) codes and corresponding North American Industry Classification System (NAICS) codes for the respondents affected by the standards are provided in the following table.

40 CFR Part 61	SIC Codes	NAICS Codes
Subpart L
Coke Plants at Integrated Iron and Steel Facilities	3312	331111
Coke Plants Not at Integrated Iron and Steel Facilities	3312	324199
Subpart Y
Petroleum Refineries	2911	324110
Plastics Materials and synthetic resins	282	3252
Industrial Organic Chemicals	286	3251

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by the NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

A source must make the following reports:

Notifications/Reports 1
Subpart L
Notification and application of construction, reconstruction, or modification	61.06, 61.07, and 61.138(i)
Notification of anticipated date of initial startup	61.09(a)(1)
Notification of actual date of initial startup	61.09(a)(2)
Notification of physical or operational change which may increase the emission rate	61.10(c)
Notification of performance test	61.13(c) and 61.14(c)
Notification that the requirements of 40 CFR part 61, subpart L and 40 CFR part 61, subpart V have been met	61.138(e) and 61.138(g)
Notification of intent to elect to comply with the requirements at 40 CFR section 61.243 at least 90 days before implementation	61.138(h)
Performance test reports	61.13(f) and 61.14(c)
Semiannual general and maintenance inspection reports	61.138(f)
Semiannual reports of excess emission (alternative control options)	61.139(j)(2)
Reporting requirements for owners or operators of any piece of equipment subject to NESHAP subpart V	61.247
Subpart Y
Notification of benzene storage vessel filling/refilling	61.272(a)(3)(i), 61.272(b)(6)(ii), and 61.275(c)
Periodic inspection reports, repair extension requests, and supplemental periodic inspection reports for delayed repairs	61.272(a)(2), 61.272(b)(4)(iii), 61.275(a), 61.275(b), 61.275(d), and 61.275(d)(2)
Notification of gap measurements required by 61.272(b)(1)	61.272(b)(5)
Closed vent system and control device operating plan	61.272(c)(1)
Quarterly excess emission reports for vessels equipped with closed vent systems with control devices	61.275(e)

¹ The burden for new sources subject to subpart Y is included in the NSPS for storage vessels at 40 CFR part 60, subpart Kb.

A source must keep the following records:

Recordkeeping 1
Subparts L and Y
Maintain records of performance test results and other data needed to determine emissions. Records shall be retained for at least two years.	61.13(g)
Maintain records of monitoring data, monitoring system calibration checks, and the occurrence and duration of periods where the monitoring system is malfunctioning or inoperative. Records shall be retained for at least two years.	61.14(f)
Subpart L
Maintain records of the design of control equipment installed, including detailed schematics, design specifications, piping and instrumentation diagrams, and dates and descriptions of any changes in the design specifications.	61.138(a)
Maintain records of semiannual inspections, annual maintenance inspections, and where applicable, quarterly leak detection inspections.	61.138(b)
Maintain records of leak detection and repair logs for at least two years.	61.138(c) and 61.246(c)
Maintain records of the design requirements of closed-vent system and control devices.	61.138(c) and 61.246(d)
Maintain records of applicable equipment and valve information.	61.138(c) and 61.246(e-j)
Maintain records of control device design, operations plan, corrective actions, compliance tests, reference values of monitored parameters, monitoring results, and exceedances (alternative control options).	61.139(i)(1-7)
Maintain records of annual furnace and foundry coke production for furnace coke by-product recovery plants for at least two years.	61.138(d)
Recordkeeping requirements for owners or operators of any piece of equipment subject to NESHAP subpart V.	61.246
Subpart Y
Maintain records of all required reports, for at least two years.	61.276(a)
Maintain records of dimensions and capacities of each benzene storage vessel, for the life of the vessel.	61.276(b)
Maintain a record of the operating plan, for the life of the closed vent system and control device.	61.276(c)(1)
Maintain records of monitoring parameters.	61.276(c)(2)
Maintain records of any maintenance performed in accordance with the operating plan.	61.276(c)(3)

¹ The burden for new sources subject to subpart Y is included in the NSPS for storage vessels at 40 CFR part 60, subpart Kb.

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 Continuous Monitoring Systems (CMS) for opacity, or for pressure drop and liquid supply pressure for closed systems, barrier fluid degassing systems, closed-vent systems to a control device, closed-purge systems to a control device, and seal systems, by monitoring equipments to repair. (40 CFR part 61, Subpart L only)

Perform initial performance test, Reference Method 21 test, and repeat performance tests if necessary. (40 CFR part 61, Subpart L only)

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 and reporting equipment that provide 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, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could 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 standards, 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 EPA's Office of Compliance. OTIS 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 OTIS 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 these regulations must be retained by the owner/operator for two 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. 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 Respondent Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (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. 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 3,193 hours (see Total Labor Hours from Table 1 below). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAPs 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 $123.04 ($58.59+ 110%)

Technical $101.22 ($48.20 + 110%)

Clerical $51.18 ($24.37 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2013, “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 costs to the regulated industry resulting from information collection activities required by the subject standards are labor costs. There are neither capital/startup nor operation and maintenance costs.

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

The only type of industry costs associated with the information collection activity in the regulations are labor costs. There are no capital/startup or 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. EPA's overall 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 $7,966.

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

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%)

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2013 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 and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

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

Based on our research for this ICR, approximately 17 existing respondents will be subject to subpart L and 4 existing respondents will be subject to subpart Y on average over the next three years. No additional respondents will become subject to either subpart on an annual basis. Once again, the overall average number of respondents, as shown in the table below, is 17 per year for subpart L and 4 per year for subpart Y.

The number of respondents 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)
Subpart L
1	0	17	0	0	17
2	0	17	0	0	17
3	0	17	0	0	17
Average	0	17	0	0	17
Subpart Y
1	0	4	0	0	4
2	0	4	0	0	4
3	0	4	0	0	4
Average	0	4	0	0	4

¹ The burden for new sources subject to subpart Y is included in the NSPS for storage vessels at 40 CFR part 60, subpart Kb.

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 17 for subpart L and 4 for subpart Y.

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
Subpart L
Semiannual emissions report	17	2	0	34
Subtotal for Subpart L				34
Subpart Y
Annual inspection report	4	1	0	4
Supplemental delay report	0.08	1	0	0.08
Subtotal for Subpart Y (rounded)				4
			Total (rounded)	38

The number of Total Annual Responses is 38.

The total annual labor costs are $312,347. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

6(e) Bottom Line 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 below, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 3,193 hours at a cost of $312,347. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 84 hours per response.

There are no annual capital/startup and O&M costs for the regulated entities. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

Summary of Respondent Burden and Costs (rounded)

Standard	Reporting (hr)	Recordkeeping (hr)	Total Burden Hours (hr)	Total Burden Costs ($)
Subpart L	479	2,659	3,138	$306,930
Subpart Y	46	9	55	$5,418
Total			3,193	$312,348

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 165 labor hours at a cost of $7,966. See Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

Summary of Agency Burden and Costs (rounded)

Standard	Total Burden Hours (hr)	Total Burden Costs ($)
Subpart L	156	$7,048
Subpart Y	9	$918
Total	165	$7,966

6(f) Reasons for Change in Burden

There is an increase in burden from the most recently approved ICR. This increase is not due to any program changes; it is the result of adding the labor burden associated with subpart Y. The most-recently approved ICR only reflected the burden associated with subpart L, while this ICR reflects the total burden associated with subparts L and Y.

For subpart L, note that the labor burden between this ICR and the most-recently approved ICR is virtually identical (there is an increase of 1 hour, but it is due to differences in rounding). However, there is an increase in Respondent and Agency burden costs. This increase is due to the use of updated labor rates. This ICR references labor rates from the Bureau of Labor Statistics to calculate respondent burden costs and references labor rates from OPM to calculate Agency burden costs.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 84 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-2013-0325. 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), WJC 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) 566-1752. 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-2013-0325 and OMB Control Number 2060-0185 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 Emission from Benzene Storage Vessels and Coke By-

Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal)

Burden Item	A	B	C	D	E	F	G	H
	Person-hours per occurrence	No. of occurrences per respondent per year	Person-hours per respondent per year (AxB)	Respondents per year a	Technical hours per year (CxD)	Management hours per year (Ex0.05)	Clerical hours per year (Ex0.10)	Total cost per year b ($)
Subpart L
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting requirements
A. Read instructions	See 3C
B. Required activities
Initial performance test	32	1	32	0	0	0	0	0
Repeat performance test	32	0.2	6.4	0	0	0	0	0
Annual maintenance inspection c	0.5	1	0.5	17	8.5	0.43	0.85	$956.78
C. Create information	See 3B
D. Gather existing information	See 3E
E. Write Report
Notification of construction/reconstruction	2	1	2	0	0	0	0	0
Notification of anticipated/actual startup	2	1	2	0	0	0	0	0
Notification of initial performance test	2	1	2	0	0	0	0	0
Notification of physical/operational chances	8	1	8	0	0	0	0	0
Semiannual emissions report d	12	2	24	17	408	20.4	40.8	$45,895.92
Subtotal for Reporting Requirements					478.98			$46,852.70
4. Recordkeeping requirements
A. Read instructions	See 3A
B. Plan activities
Maintenance plan	See 3A
C. Implement activities	See 3B
File and maintain records e	33	4	132	17	2,244	112.2	224.4	$252,427.56
Performance evaluation for Method 21 f	2	2	4	17	68	3.4	6.8	$7,649.32
D. Develop record system	N/A
E. Time to enter information	N/A
F. Time to train personnel	N/A
G. Time for audits	N/A
Subtotal for Recordkeeping Requirements					2,658.8			$260,076.88
ANNUAL BURDEN AND COST (Subpart L rounded)					3,138			$306,929
Subpart Y
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting requirements
A. Read instructions	See 3C
B. Required activities	N/A
C. Create information
Existing sources
Annual IFR internal inspections and EFR seal gap measurements	8	1	8	4	32	1.6	3.2	$3,599.68
D. Gather existing information	See 3C
E. Write Report
New sources
Notification of construction/reconstruction	Included in NSPS Kb
Notification of anticipated/actual startup	Included in NSPS Kb
Notification of performance test	N/A
Report of performance test	N/A
Notification of control installation and refill at 1st IFR degassing g	2	1	2	0	0	0	0	0
Existing sources
Annual inspection reports	2	1	2	4	8	0.4	0.8	$899.92
Supplemental delay report h	2	1	2	0.08	0.16	0.01	0.02	$18.45
Quarterly emissions report i	N/A
Subtotal for Reporting Requirements					46.19			$4,518.05
4. Recordkeeping requirements
A. Read instructions	See 3A
B. Plan activities	See 4C
C. Implement activities
File and maintain records	2	1	2	4	8	0.4	0.8	899.92
D. Develop record system	See 4C
E. Time to enter information	See 4C
F. Time to train personnel	N/A
G. Time for audits	N/A
Subtotal for Recordkeeping Requirements					9.2			$899.92
ANNUAL BURDEN AND COST (Subpart Y, rounded)					55			$5,418
TOTAL ANNUAL BURDEN AND COST (Subparts L and Y, rounded)					3,193			$312,347

EFR - External floating roof

IFR - Internal floating roof

Assumptions:

^a. We have assumed that an average of 17 respondents per year will be subject to 40 subpart L and an average of 4 respondents per year will be subject to subpart Y. No new sources will become subject to the rule over the three-year ICR period. Note that the burden for any new sources subject to subpart Y is included in the NSPS for storage vessels at 40 CFR part 60, subpart Kb.

^b. This ICR uses the following labor rates: $101.22 for technical, $123.04 for managerial, and $51.18 for clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2013, “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 each respondent will take 0.5 hours to complete the annual maintenance inspection.

^d. We have assumed that each respondent will take twelve hours twice per year to write semiannual emissions reports.

^e. We have assumed that each respondent will take thirty-three hours four times per year to file and maintain records.

^f. We have assumed that each respondent will take two hours twice per year to complete the performance evaluation for Method 21.

^g. We believe that all vessels have been degassed and that all controls have been installed, as they were to be installed within ten years of promulgation.

^h. We have assumed that two percent of existing sources will request a delay of repair in the annual report.

^i. We have assumed that no sources will select the option for a fixed roof vented to a control device, and thus have no quarterly reports of excess emissions.

Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Emission from Benzene Storage Vessels and Coke By-

Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal)

Burden Item	A	B	C	D	E	F	G	H
	Technical person-hours per occurrence	No. of occurrences per respondent per year	Technical person-hours per respondent per year (AxB)	Respondents per year a	Technical hours per year (CxD)	Management hours per year (Ex0.05)	Clerical hours per year (Ex0.10)	Total cost per year b ($)
Subpart L
Initial performance test
New plant	40	1	40	0	0	0	0	0
Report review
Notification of construction	2	1	2	0	0	0	0	0
Notification of anticipated startup	2	1	2	0	0	0	0	0
Notification of actual startup	2	1	2	0	0	0	0	0
Notification of performance test	2	1	2	0	0	0	0	0
Report of performance test	8	1	8	0	0	0	0	0
Review semiannual excess emissions and exemption reports c	4	2	8	17	136	6.8	13.6	$7,048.13
ANNUAL BURDEN AND COST (Subpart L, rounded)					156			$7,048
Subpart Y
Report review
New sources
Notification of construction/reconstruction	Included in NSPS Kb
Notification of anticipated/actual startup	Included in NSPS Kb
Notification of performance test	N/A
Report of performance test	N/A
Notification of control installation and refill at 1st IFR degassing d	2	1	2	0	0	0	0	0
Existing sources
Annual inspection report	2	1	2	4	8	0.4	0.8	$899.92
Supplemental delay report e	2	1	2	0.08	0.16	0.01	0.02	$18.45
Quarterly emissions report f	N/A
ANNUAL BURDEN AND COST (Subpart Y, rounded)					9			$918
TOTAL ANNUAL BURDEN AND COST (Subparts L and Y, rounded)					165			$7,966

IFR - Internal floating roof

N/A - Not Applicable

Assumptions:

^a. We have assumed that an average of 17 respondents per year will be subject to 40 subpart L and an average of 4 respondents per year will be subject to subpart Y. No new sources will become subject to the rule over the three-year ICR period. Note that the burden for any new sources subject to subpart Y is included in the NSPS for storage vessels at 40 CFR part 60, subpart Kb.

^b. This ICR uses the following labor rates: $46.21 for technical, $62.27 for managerial, and $25.01 for clerical labor. These rates are from the Office of Personnel Management (OPM), 2013 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.

^c. We have assumed it will take the Agency four hours per respondent to review excess emissions and exception reports twice per year.

^d. We believe that all vessels have been degassed and that all controls have been installed, as they were to be installed within ten years of promulgation.

^e. We have assumed that two percent of existing sources will request a delay of repair in the annual report.

^f. We have assumed that no sources will select the option for a fixed roof vented to a control device, and thus have no quarterly reports of excess emissions.