0057 Supporting Statement_4.30.18

Supporting Statement A for Paperwork Reduction Act Submissions

30 CFR Part 550, Subpart C, Pollution Prevention and Control

OMB Control Number 1010-0057

Current Expiration Date: January 31, 2018

Terms of Clearance: None

General Instructions

A completed Supporting Statement A must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified below. If an item is not applicable, provide a brief explanation. When the question, “Does this information collection request (ICR) contain surveys, censuses, or employ statistical methods?” is checked "Yes," then a Supporting Statement B must be completed. The Office of Management and Budget (OMB) reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The Outer Continental Shelf (OCS) Lands Act, as amended (43 U.S.C. 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the Secretary of the Interior to prescribe rules and regulations to administer leasing of mineral resources on the OCS. Such rules and regulations will apply to all operations conducted under a lease, right-of-way, or a right-of-use and easement.

Section 1332(6) states that “operations in the [O]uter Continental Shelf should be conducted in a safe manner by well-trained personnel using technology, precautions, and techniques sufficient to prevent or minimize… occurrences which may cause damage to the environment or to property, or endanger life or health.” Section 1334(a)(8) requires that regulations prescribed by the Secretary include provisions “for compliance with the national ambient air quality standards [NAAQS] pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), to the extent that activities authorized under this subchapter [Act] significantly affect the air quality of any State.”

This authority and responsibility are among those delegated to the Bureau of Ocean Energy Management (BOEM). The regulations at 30 CFR 550, Subpart C, concern pollution prevention and control and are the subject of this collection. This request also covers the related Notice to Lessees and Operators (NTL), BOEM NTL No. 2016-N03 – 2017 OCS Emissions Inventory Gulf of Mexico and North Slope Borough of the State of Alaska, that BOEM issues to clarify, supplement, or provide additional guidance on some aspects of our regulations.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Be specific. If this collection is a form or a questionnaire, every question needs to be justified.

In general, BOEM uses the information collected under subpart C to ensure that:

 there is no threat of serious, irreparable, or immediate damage to the marine environment caused by OCS oil and gas exploration activities;

 operations are conducted according to all applicable regulations, permit conditions and requirements, and in a safe and workmanlike manner; and

 OCS oil and gas activities are conducted in a manner that minimizes air pollution from the OCS in adjacent onshore areas and do not exceed required emission levels.

For the Gulf of Mexico and Alaska OCS Regions, this ICR also addresses the following non-routine information collection. The U.S. Environmental Protection Agency (USEPA) promulgated national ambient air quality standards (NAAQS) for ozone, fine (i.e., < 2.5 micron) particulate matter (PM_2.5), and regulations for regional haze. OCSLA (Section 1334(a)(8)) requires BOEM to ensure compliance with the NAAQS to the extent that OCS oil and gas exploration, development, and production activities significantly impact the air quality of any State. Air quality-related information will be needed by BOEM, States, and USEPA to address any new or outstanding NAAQS and regional haze regulations. Therefore, affected respondents are required to collect and report relevant air pollutant emissions data for OCS activities in these regions. Respondent data are inputted into BOEM’s OCS Emission Inventory, known as the Gulfwide Offshore Activities Data System (GOADS).

These emission inventories provide BOEM the essential tools to comply with the Congressional mandate under section 328(b) of the Clean Air Act, 42 U.S.C. § 7627(b) to coordinate air pollution control regulations addressing emissions from OCS activities regulated by BOEM and regulations addressing emissions from State-based activities regulated by USEPA. The inventories also provide BOEM the essential input needed to assess offshore oil and gas activities impacts to the States as mandated by the OCSLA, provide the States the essential tools needed to perform their State Implementation Plan demonstrations to the USEPA, and provide the operators essential data to assist with their mandatory reporting of greenhouse gases to the USEPA.

In the Pacific, lessees are required to file Emergency Action Plans (EAPs) with their local air quality agencies in response to California air quality laws to protect public health during exceptional air pollution episodes. BOEM authorizes pre-approval to postpone certain testing during air pollution emergency episodes provided respondents submit to BOEM a copy of their EAP when submitted to the local air agencies. We review these EAPs prior to the event of an air pollution episode to ensure that abatement measures described therein do not jeopardize safe operations.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden and specifically how this collection meets GPEA requirements.

Currently, all information is submitted electronically to Gulf of Mexico Region. For a previous air quality related collection effort, BOEM provided respondents with the GOADS software. Therefore, all GOADS emissions inventorying reporting are accomplished electronically.

In the Pacific Region, 50 percent of the respondents submit initial review and approval electronically. In the Alaskan Region, there is no activity occurring, but GOADS 2017 software will allow Alaska’s respondents to submit emissions inventories electronically in the future.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

In the area of air quality, authority to regulate Gulf of Mexico OCS air emissions is split between the DOI and the USEPA. This fragmented process is a result of the 1990 amendments to the Clean Air Act (Pub. L. 101-549). Specifically, section 801 gives USEPA the authority to regulate OCS air emissions for all OCS areas except the area in the Gulf of Mexico west of 87º 30’ West Longitude. For this area, authority to regulate air emissions from OCS facilities remains with the Secretary of the Interior. These regulations are effective in avoiding duplication in Federal regulations and reporting. Similar information is not available because the information is unique for each emission source and data and information cannot be obtained elsewhere.

Congress in the Consolidated Appropriations Act 2012 (PL 112-74) mandated that BOEM regulate air quality impacts from activities on the OCS adjacent to the North Slope Borough of the State of Alaska.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

This collection of information could have a significant economic effect on a substantial number of small entities. Any direct effects primarily impact the OCS lessees and operators. However, many of the OCS lessees and operators have less than 500 employees and are considered small businesses as defined by the Small Business Administration. The hour burden on any small entity subject to these regulations cannot be reduced beyond current levels without impairing the agency’s ability to comply with its statutory mandates.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If BOEM did not collect the information, we could not carry out the mandate of the OCS Lands Act to ensure safe and environmentally sound operations in the OCS. We could not determine if operations comply with standards to minimize air pollution of the OCS and adjacent onshore areas. The information collected is unique to each facility. With the exception of the information discussed in item A.7, the frequency is generally on occasion, so that a lesser frequency is not applicable.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

(a) requiring respondents to report information to the agency more often than quarterly;

When required, monthly reporting is necessary to continuously monitor air emissions and record meteorological measurements from selected OCS sites. This information is not routinely collected from all lessees and operators, but only when conditions or circumstances warrant or for special studies that are mandated.

(b) requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

Not applicable in this collection.

(c) requiring respondents to submit more than an original and two copies of any document;

Not applicable in this collection.

(d) requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than 3 years;

Not applicable in this collection.

(e) in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

Not applicable in this collection.

(f) requiring the use of statistical data classification that has been reviewed and approved by OMB;

Not applicable in this collection.

(g) that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

This collection does not include a pledge of confidentiality not supported by statute or regulation.

(h) requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

This collection does not require proprietary, trade secret, or other confidential information not protected by agency procedures.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past 3 years and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years – even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

As required in 5 CFR 1320.8(d), BOEM published a 60-day review and comment notice in the Federal Register on October 25, 2017, (82 FR 49418). Also, 30 CFR 550.199 explains that BOEM will accept comments at any time on the information collection burden of our 30 CFR 550 regulations. We display the OMB control number and provide the address for sending comments to BOEM. We received no comments in response to the Federal Register notice or unsolicited comments from respondents covered under these regulations.

During the comment period, BOEM requested input from several respondents on the input to the availability of data, frequency of collection, clarity of instructions, and elements being collected. The burden estimates in Section A.12 reflect their input. Below are the people contacted:

Regulatory Manager, Arena Offshore, 4200 Research Forest Drive, Suite, 230, The Woodlands, TX 77831.

Air Advisor, BP Exploration & Production, 501 Westlake Park Blvd, Houston, TX, 77079.

Environmental Engineer, Shell Exploration & Production Company, 701 Poydras St., Office 3334, New Orleans, LA 70139.

Environmental Supervisor, Fieldwood Energy, 2014 W Pinhook Road, Lafayette, LA 70508.

Regulatory Manager, Talos Energy, 500 Dallas St., Houston, TX 77002.

One respondent stated the assumption of 44 hours per facility is accurate.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

We will not provide payment or gifts to respondents in this collection.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

BOEM will protect proprietary information according to 30 CFR 550.197, “Data and information to be made available to the public or for limited inspection,” and the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR 2).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The collection does not include sensitive or private questions.

12. Provide estimates of the hour burden of the collection of information. The statement should:

(a) Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

(b) If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

Potential respondents include Federal oil, gas, and sulphur lessees and/or operators and states. It should be noted that not all of the potential respondents will submit information in any given year and some may submit multiple times. The burden estimates include the time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Responses are mandatory and are submitted on occasion. We estimate a total reporting and recordkeeping annual burden of 105,036 hours. Refer to the following table for a breakdown of the burden hours.

BURDEN BREAKDOWN

Citation 30 CFR 550 Subpart C and related NTL(s)	Reporting and Recordkeeping Requirement	Hour Burden	Average No. of Annual Responses	Annual Burden Hours
Facilities described in new or revised EP or DPP
303; 304(a), (f)	Submit, modify, or revise Exploration Plans and Development and Production Plans; submit information required under 30 CFR Part 550, Subpart B.	Burden covered under 1010-0151 (30 CFR Part 550, Subpart B).		0
303(k); 304(a), (g)	Collect and report (in manner specified) air quality emissions related data (such as facility, equipment, fuel usage, and other activity information) during each specified calendar year for input into BOEM’s impacts assessments, and State and regional planning organizations modeling through specified software.	44 hrs per facility	794 facilities	34,936
303(l); 304(h)	Collect and submit (in manner specified) meteoro­logical data (not routinely collected – minimal burden); emission data for existing facilities to a State.	8	1 submission	8
Subtotal			795 responses	34,944 hours
Existing Facilities
304(a), (f)	Affected State may submit request with required information to BOEM for basic emission data from existing facilities to update State’s emission inventory.	16	5 requests	80
304(e)(2)	Submit compliance schedule for application of best available control technology (BACT).	40	1 schedule	40
304(e)(2)	Apply for suspension of operations.	Burden covered under BSEE 1014-0022 (30 CFR 250.174).		0
304(f)	Submit information to demonstrate that exempt facility is not significantly affecting air quality of onshore area of a State. Submit additional information, as required.	16	1 submission	16
Subtotal			7 responses	136 hours
General
303-304	General departure and alternative compliance requests not specifically covered elsewhere in subpart C regulations.	24	5 requests	120
Subtotal			5 responses	120 hours
Total Burden			807 Responses	35,200 Hours

(c) Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under “annual Cost to the Federal Government.”

The average respondent cost is $62/hour. This cost is broken out in the below table using the Bureau of Labor Statistics data for the Houston, TX area. See BLS* website: https://www.bls.gov/oes/current/oes_26420.htm.

Position	Hourly Pay rate ($/hour estimate)	Hourly rate including benefits (1.4** x $/hour)	Percent of time spent on collection	Weighted Average ($/hour rounded)
Secretaries and Administrative Assistants (43-6014)	$17	$24	15%	$4
Regulatory*** (11-0000)	$67	$94	15%	$14
Air Quality Specialists^ (19-2041)	$45	$63	65%	$41
Supervisory^ (19-2041)	$45	$63	5%	$3
Weighted Average ($/hour)				$62

* Note that this BLS source reflects their last update from May 2016.

** A multiplier of 1.4 (as implied by BLS news release USDL 17-0321, March 17, 2017; https://www.bls.gov/news.release/ecec.nr0.htm) was added for benefits.

*** Management BLS occupation.

^ Environmental scientists BLS occupation.

Based on a cost factor of $62 per hour, we estimate the hour burden as a dollar equivalent is $2,182,400 ($62 x 35,200 hours = $2,182,400).

13. Provide an estimate of the total annual non-hour cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in Item 12).

(a) The cost estimate should be split into two components: (1) a total capital and start-up cost component (annualized over its expected useful life) and (2) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

(b) If cost estimates are expected to vary widely, agencies should present ranges of cost burden and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

(c) Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

We have not identified any non-hour paperwork cost burdens for this collection of information.

14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

The average government cost is $75/hour. This cost is broken out in the below table using the Office of Personnel Management pay schedule for the Rest of the United States (consisting of the portions of the lower 48 United States not located within another locality pay area).

Position	Grade	Hourly Pay rate ($/hour estimate)	Hourly rate including benefits (1.6* x $/hour)	Percent of time spent on collection	Weighted Average ($/hour)
Meteorologist/Physical Scientist	GS-13/9	$52	$83	55%	$46
Physical Scientist	GS-11/10	$38	$61	40%	$24
Supv. Physical Scientist	GS-15/5	$65	$104	5%	$5
Weighted Average ($/hour)					$75

*A multiplier of 1.6 (as implied by BLS news release USDL 17-0321, March 17, 2017; https://www.bls.gov/news.release/ecec.nr0.htm) was added for benefits.

To analyze and review the information respondents submit for subpart C, we estimate the Government will spend an average of approximately 0.5 hours for each hour spent by respondents. Based on a cost factor of $75 per hour, the total the cost to the Government is $1,320,000. (35,200 hours x 0.5 = 17,600 (rounded) hours x $75 = $1,320,000).

15. Explain the reasons for any program changes or adjustments in hour or cost burden.

In 2015, OMB approved BOEM’s estimate of 112,111 burden hours for 30 CFR Part 550, Subpart C requirements for this collection. For this renewal, BOEM adjusted the burden hours due to an overestimated number of respondents related to the collection and reporting of emissions data (303(k); 304(a), (g)), a drop in the number of respondent’s reporting emissions data in GOADS from 2011 to 2014, and other small modifications made at the program’s discretion.

Although burden hours increased for some of the requirements, overall this information collection request decreases the total burden hours to 35,200 hours. This is a net decrease of 76,911 annual burden hours. The major reason for such a decrease in burden hours is because BOEM has over reported the annual number of respondents in past years. GOADS data is reported for a three year timeframe. BOEM has used the three year number as the annual number. In this renewal, BOEM has cut the number of respondents and annual burden hours back to 1/3^rd of the past numbers. Additionally, the total number of facilities reported in Gulfwide Offshore Activity Data System has decreased.

We also removed from the burden table the requirement of submitting copy of State-required Emergency Action Plan for the Pacific OCS Region. This information is not collected by BOEM, because it falls under the jurisdiction of the Bureau of Safety and Environmental Enforcement.

There are no non-hour cost burdens for this collection.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions

We will not tabulate and publish the individual responses. We will make the information reported under §§ 550.303(k), 550.304(a), and 550.304(g) available to the States for use in preparing their State Implementation Plans for ozone and regional haze models.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

BOEM will display the OMB control number and approved expiration date.

18. Explain each exception to the topics of the certification statement identified in, “Certification for Paperwork Reduction Act Submission.”

There are no exceptions to the certification statement.

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