EPA-HQ-OAR-2010-0682-0797 (SS for CC Final Rule)

SUPPORTING STATEMENT
ENVIRONMENTAL PROTECTION AGENCY
NESHAP FOR HAZARDOUS AIR POLLUTANTS FROM PETROLEUM REFINERIES
40 CFR PART 63, SUBPART CC
JULY 2015
1. Identification of the Information Collection
1(a) Title of the Information collection
“National Emission Standards for Petroleum Refineries” (40 CFR Part 63, Subpart CC).
This is a revision of an existing information collection request (ICR); the OMB Control Number
is 2060-0340 and the EPA tracking number is 1692.08.
1(b) Short Characterization/Abstract
The EPA is finalizing revisions to 40 CFR part 63, subpart CC as it applies to existing
and new petroleum refining process units and emission points located at refineries that are major
sources of hazardous air pollutants (HAP) emissions. Emission points affected by the revisions
are miscellaneous process vents, storage vessels, and equipment leaks. There are new provisions
for delayed coking unit vents, for flares used as control devices, and for fenceline monitoring,
which include new recordkeeping and reporting requirements. There are also additional
requirements and clarifications for storage vessels, which include revisions to the inspection,
recordkeeping, and reporting requirements. In addition, electronic reporting is now required for
fenceline monitoring and performance testing. An overarching change to all NESHAP
regulations is a change in EPA policy with regards to emission requirements and associated
monitoring, recordkeeping and reporting during startup, shutdown, and malfunctions. These
changes include new requirements for maintenance vents, for flare management, and for pressure
relief management.
This information is being collected to assure compliance with 40 CFR part 63, subpart
CC. The previous approved ICR for this subpart (1692.06) included estimates of the monitoring,
recordkeeping, and reporting burden for 134 refineries, including process vents, storage vessels,
and process units subject to leak detection and repair (LDAR). This ICR estimates burden due to
final rule changes for 142 major source refineries for process vents, storage vessels, and process
units subject to LDAR. This ICR also estimates the additional burden associated with the new
fenceline monitoring requirements for the 142 major source refineries. The burden associated
with startups, shutdowns and malfunctions did not change. The original ICR did not include
burden estimates for wastewater operations or transfer operations because the recordkeeping and
reporting requirements for these emission points are covered under other rules. This ICR also
does not contain burden estimates for wastewater operations or transfer operations because there
were no changes in the provisions for these emission points.

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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. Section 112 also
requires that the Administrator review and, if appropriate, revise such standards every 8 years. In
addition, section 114(a) states that the Administrator may require any owner or operator subject
to any requirement of this Act to:
(A) Establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment, and use such
audit procedures, or methods; (D) sample such emissions (in
accordance with such procedures or methods, at such locations, at
such intervals, during such periods, and in such manner as the
Administrator shall prescribe); (E) keep records on control equipment
parameters, production variables or other indirect data when direct
monitoring of emissions is impractical; (F) submit compliance
certifications in accordance with Section 114(a)(3); and (G) provide
such other information as the Administrator may reasonably require.
Certain records and reports are necessary for the Administrator to confirm the compliance
status of sources subject to NESHAP, identify any new or reconstructed sources subject to the
standards, and confirm that the standards are being achieved on a continuous basis. These
recordkeeping and reporting requirements are specifically authorized by section 114 of the Clean
Air Act (42 U.S.C. 7414) and set out in the part 63 NESHAP General Provisions. The
recordkeeping and reporting requirements for title V permits are contained in 40 CFR 70.6 and
40 CFR 71.6. Under parts 63 and 70 or 71, the owner or operator must keep each record for
5 years following the date of each occurrence, measurement, maintenance, corrective action,
report, or record.
2(b) Practical Utility/Users of the Data
The control of emissions of HAP from petroleum refineries requires not only the
installation of properly designed equipment, but also the operation and maintenance of that
equipment. Emissions of HAP from petroleum refineries are the result of the operation of the
affected facilities. The subject standards are achieved by the capture of HAP emissions using
control devices and the reduction of emissions through leak detection and repair procedures.
Depending on the emission point being controlled, affected sources may use flares, carbon
adsorbers, combustion devices (including incinerators, boilers and process heaters), or other
control devices that meet minimum control requirements. The notifications required in the
applicable regulations 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, leaks are
being detected and repaired, and the regulations are being met. Performance test reports are

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needed as these are the Agency's record of a source's initial capability to comply with the
emission standards, and serve as a record of the operating conditions under which compliance
was achieved.
Reports are used for problem identification, as a check on source operation and
maintenance, and for compliance determinations. The reporting frequency is semiannual except
for fenceline monitoring results, which would be reported quarterly. The EPA is finalizing
electronic reporting for fenceline monitoring and performance testing.
The information generated by the monitoring, recordkeeping and reporting requirements
described in this ICR is used by the Agency to ensure that sources affected by the NESHAP
continue to operate the control equipment in compliance with the regulation. Adequate
monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable
regulations, as required by the Clean Air Act. The information collected from recordkeeping and
reporting requirements is also used for targeting inspections and is of sufficient quality to be
used as evidence in court.
3. Non-duplication, Consultations, and Other Collection Criteria
The requested recordkeeping and reporting are required under 40 CFR part 63,
subpart CC.
3(a) Non-duplication
For notifications and reporting not required to be submitted electronically, 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.
Some of the petroleum refinery facilities subject to subpart CC will also be subject to
requirements under the following regulations: New Source Performance Standards (NSPS)
subparts J, Ja, K, Ka, Kb, VV, and QQQ, NESHAP (part 61) subpart FF, and NESHAP (part 63)
subparts G, H, J, R, Y, and UUU. The burden requested in this NESHAP does not duplicate any
of the industry burden accounted for under those regulations. The applicability section of this
NESHAP delineates requirements where there are overlapping rules.
As stated in Section 1(b) of this ICR, the changes to this NESHAP do not affect the
recordkeeping or reporting for marine vessel tank loading and unloading operations, bulk
gasoline loading racks, and wastewater sources. Reporting and recordkeeping requirements for
these sources are covered under other rules and are not duplicated in subpart CC.
3(b) Public Notice Required Prior to ICR Submission to OMB
This section is not applicable because this is a rule-related ICR.

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3(c) Consultations
The final amendments are based upon the data provided by each individual refinery in
response to an EPA survey of the petroleum refinery industry in 2011 (data from calendar year
2010); these responses were compiled into a Petroleum Refinery Database. The final
amendments were also developed in consultation with trade associations, including Matt Todd of
the American Petroleum Institute (API) and David Freidman of the American Fuel and
Petrochemical Manufacturers (AFPM). The assumptions made in the development of this ICR,
including the estimate of the number of petroleum refineries subject to the standard, were
updated by reviewing the EPA’s Petroleum Refinery Database, as well as the Agency’s internal
data sources, such as 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 142 existing respondents subject to the standard,
and no new sources will become subject to the standard over the 3-year period covered by this
ICR. The Petroleum Refinery Database also provided information on process unit counts and
equipment counts (e.g., the number of delayed cokers and number of relief valves).
The EPA also provided a 60-day public comment period after proposal of the
amendments to subpart CC. All affected parties were given the opportunity to comment on the
proposed amendments during this period. The EPA considered all of the comments received and
incorporated them as appropriate in the final amendments.
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 likelihood of detecting poor operation and maintenance of control
equipment and noncompliance would decrease.
3(e) General Guidelines
None of these reporting or recordkeeping requirements violate any of the regulations
established by OMB at 5 CFR 1320.5.
These standards require respondents to maintain all records, including reports and
notifications, for at least 5 years. This is consistent with the General Provisions in 40 CFR part
63 subpart A as applied to the standards. The EPA believes that the 5-year records retention
requirement is consistent with the Part 70 permit program and the 5-year statute of limitations on
which the permit program is based. Also, the retention of records for 5 years would allow the
EPA to establish the compliance history of a source and any pattern of compliance for purposes
of determining the appropriate level of enforcement action. Historically, the EPA has found that
the most flagrant violators frequently have violations extending beyond the 5 years. The EPA

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would be prevented from pursuing the worst violators due to the destruction or nonexistence of
records if records were retained for less than 5 years.
3(f) Confidentiality
All 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 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR
17674, March 23, 1979).
3(g) Sensitive Questions
This section is not applicable because this ICR does not involve matters of a sensitive
nature.
4. The Respondents and the Information Requested
4(a) Respondents/NAICS Codes
The potential respondents to the recordkeeping and reporting requirements under subpart
CC are owners or operators of existing or new major source petroleum refineries that are major
sources of HAP emissions. The North American Industry Classification System (NAICS) code is
324110 for petroleum refineries.
4(b) Information Requested
(i) Data Items
All data in this ICR that are recorded and/or reported are required by the final
amendments to 40 CFR part 63, subpart CC - National Emission Standards for Hazardous Air
Pollutants for Petroleum Refineries.
A source must make the following reports:
Notification Reports

Notification of compliance status for storage vessels, control device
bypass valves, delayed cokers, and relief valves

63.655(f),
63.655(f)(1)(i),
63.655(f)(1)(vii),
63.655(f)(1)(viii),
63.655(f)(4)

Notifications of inspections of storage vessels

63.655(h)(2)

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Reports

Semiannual reports for storage vessels, control device bypass valves,
delayed cokers, maintenance vents, relief valves, and flares

63.655(g)(1) to (g)(5),
63.655(g)(6)(iii),
63.655(g)(10),
63.655(g)(11),
63.655(g)(12),
63.655(g)(13)

Quarterly reports for fenceline monitoring - electronic

63.655(h)(8)

A source must keep the following records:
Recordkeeping
Records of information in semiannual reports.

63.655(i)

Records for storage vessels, control device bypass valves, delayed
cokers, maintenance vents, fenceline, flares, and relief devices.

63.655(i)(1),
63.655(i)(4),
63.655(i)(7),
63.655(i)(8),
63.655(i)(9),
63.655(i)(11),
63.655(i)(12)

Electronic Reporting. As part of the final changes to this rule, all performance test reports
are required to be submitted electronically. The EPA believes that the standardization achieved
through electronic reporting will reduce the burden both to industry and the Agency. In addition,
fenceline monitoring reports will be submitted to the EPA’s Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through the EPA’s Central Data Exchange (CDX).
All other reports will continue to be submitted as required currently.
(ii) Respondent Activities
The respondent activities that will be required by the final amendments to subpart CC
include the following activities:
Respondent Activities
Read instructions.
Install, calibrate, maintain, and operate continuous temperature monitors or other monitoring
devices for HAP control devices.
Write the notifications and reports listed above.
Enter information required to be recorded above.

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Respondent Activities
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
The EPA conducts the following activities in connection with the acquisition, analysis,
storage, and distribution of the required information.
Agency Activities
Review notifications and reports, periodic reports, and quarterly fenceline monitoring reports,
required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Air Facility System (AFS).
Input, analyze, and maintain data in the Compliance and Emissions Data Reporting Interface
(CEDRI).

5(b) Collection Methodology and Management
Performance test reports are used by the Agency to discern a source’s capability to
comply with the emission standard. Data obtained during periodic visits by Agency personnel
from records maintained by the respondents are tabulated and published for internal Agency use
in compliance and enforcement programs. The quarterly, semiannual and annual reports are used
for problem identification, as a check on source operation and maintenance, and for compliance
determinations.
Some of the information contained in the reports is entered into AFS, which is operated
and maintained by the EPA’s Office of Compliance and Enforcement. AFS is the EPA’s
database for the collection, maintenance, and retrieval of compliance and annual emission
inventory data for over 100,000 industrial and government-owned facilities. The data entered
into AFS is focused on compliance inspections, enforcement actions, and issuance of permits.
The EPA uses AFS for tracking air pollution compliance and enforcement by state and local

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regulatory agencies, EPA Regional Offices and EPA Headquarters. The EPA and its delegated
authorities can edit, store, retrieve and analyze the data.
As part of the final revisions to this rule, all data that are required to be reported
electronically will be collected through the EPA’s Compliance and Emissions Data Reporting
Interface (CEDRI), which is part of the EPA’s Central Data Exchange. The data collected via
CEDRI will be more extensive than the data collected through AFS and will be visible to the
public through WebFIRE.
The records required by this regulation must be retained by the owner or operator for
5 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. The fenceline monitoring requirements includes provisions to
use fewer monitoring locations for refineries that have smaller plot sizes and these provisions are
expected to reduce the burden for smaller refineries, regardless of whether these smaller
refineries are small entities. The EPA considers these requirements the minimum 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: Final Amendments to NESHAP
for Petroleum Refineries (40 CFR Part 63, Subpart CC).
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 year for the subpart included in this
ICR. The individual burdens are expressed under standardized headings believed to be consistent
with the concept of burden under the Paperwork Reduction Act. Where 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 3 years from these recordkeeping
and reporting requirements is estimated to be 99,722 (Total Labor Hours from Table 1). The
recordkeeping hours shown below in Table 1 are 68,854. The reporting requirement hours shown

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below in Table 1 are 30,868. These hours are based on Agency studies and background
documents from the development of the regulation and Agency knowledge and experience with
the NESHAP program, the previously approved ICR for this subpart, and any comments
received on previous ICRs and regulations. The average annual burden over the next 3 years was
estimated using the number of facilities that would be in compliance in year two (94.7),
assuming one-third of all facilities would become compliant each year for 3 years.
6(b) Estimating Respondent Costs
(i) Estimating Labor Costs
This ICR uses the following labor rates:
Managerial
Technical
Clerical

$130.26
$84.95
$41.18

($62.03 + 110%)
($40.45 + 110%)
($19.61 + 110%)

Labor rates and associated costs are based on the Bureau of Labor Statistics (BLS) data.
Technical, management, and clerical average hourly rates for private industry workers were
taken from the Occupational Employment Statistics: NAICS 324 (Petroleum and Coal Products
Manufacturing), May 2009 Employment and Wage Estimates. These BLS rates represent salaries
plus fringe benefits and do not include the cost of overhead. The rates have been increased by
110 percent to account for the benefit packages available to those employed by private industry.
(ii) Estimating Capital and Operation and Maintenance Costs
The capital/startup costs are one-time costs when a facility becomes subject to the revised
portion of the standards or when a facility becomes subject to the standard as a result of
reconstruction. (Capital costs due to reconstruction are not addressed in this ICR; only capital
costs that are the result of rule changes are addressed here.) The capital costs include the costs
for fenceline monitoring equipment, costs for flare monitoring equipment, and the cost for relief
valve monitoring equipment. The cost for delayed coker monitoring equipment (i.e., temperature
and pressure monitors) are not included, as it is assumed that each coke drum already has at least
one of those monitors as part of normal operation.
The annual operation and maintenance costs are the ongoing costs to maintain monitors
and other costs such as performance testing. For fenceline monitoring, costs will vary depending
on the physical size (not capacity) of the refinery where a small refinery is less than 750 acres, a
medium refinery is between 750 acres and 1,500 acres, and a large refinery is greater than
1,500 acres. It was assumed that all refineries would use in-house labor to collect samples and
would conduct sample analysis in-house. The operation and maintenance costs for this ICR are
assumed to be 10 percent of the capital cost for fenceline monitoring equipment.
There are 84 small refineries, 27 medium refineries and 31 large refineries, for a total of
142 refineries. The total capital and annual operation and maintenance costs for fenceline
monitoring program as fully implemented for all 142 major source refineries are shown in the
table below.

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Capital vs. Operation and Maintenance (O&M) Costs for Fenceline Monitoring
(A)
Capital Cost
for One
Affected
Facility

(B)
Number of
Affected
Facilities

(C)
Total Capital
Cost
(A × B)

(D)
Annual O&M
Costs for One
Affected
Facilitya

(E)
Total Annual
O&M Cost
(D × B)

Small

$86,650

84

$7,278,600

$8,665

$727,860

Medium

$89,270

27

$2,410,290

$8,927

$241,029

Large

$90,880

31

$2,817,280

$9,088

$281,728

142

$12,506,170

TOTAL
a
b

$1,250,617b

Assumed to be 10 percent of capital cost.
Note: This cost does not match the O&M cost in Table 1 because this value represents the cost to all refineries, and
the value in Table 1 represents the annual cost for the average number of refineries subject to subpart CC in the
second year (94.7).

There are 510 flares that would be subject to the flare monitoring requirements at the
142 major source refineries. The total capital and annual operation and maintenance costs for
flare monitoring for the 3-year initial compliance period are shown in the table below. The costs
shown in the table are the totals for the 3-year period for all 142 major source refineries.
Capital vs. Operation and Maintenance (O&M) Costs for Flare Monitoring

Monitoring Equipment
or Material
Calorimeter
H2 Analyzer
Steam Controls/Flow
Monitor
Air Controls/ Flow Monitor
Average Natural Gas (NG)
Costs per Flare to Meet
NHVcz Targets
Steam Costs (Savings) per
Flare for Steam Controls to
Meet NHVcz Targets
Engineering Calculation
Costs
TOTAL

(A)
Capital
Cost for
One
Affected
Flare

(B)
Number
of
Affected
Flares

(C)
Total Capital
Cost
(A × B)

(D)
Annual
O&M Costs
for One
Affected
Flare

(E)
Total Annual
O&M Cost
(D × B)

$105,000
$36,000

85
243

$8,925,000
$8,748,000

$20,100
$20,000

$1,708,500
$4,860,000

$684,000

190

$129,960,000

$59,730

$11,348,700

$164,000

37

$6,068,000

$36,520

$1,351,240

$0

190

$0

$100,030

$19,005,700

$0

190

$0

($56,470)

$(10,729,300)

$7,000

267

$1,869,000

$12,500

$3,337,500

510

$155,570,000

$30,882,340

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For relief valves, it was estimated that the total capital cost to install a monitor on each
relief valve is $3,882,880 for an estimated 4,800 relief valves over the next 3 years. Additionally,
it was estimated that the cost for relief valves requiring additional prevention measures would be
$5,800,000 (note, an additional $1,400,000 in labor was estimated to evaluate the appropriate
prevention measures).
(iii) Annualizing Capital Costs
The annualized capital costs associated with the information collection requirements of
the final amendments is $17,500,000 per year. Capital costs were annualized using an interest
rate of 7 percent and a useful equipment life ranging from a 10-year to 20-year period, depending
on the type of equipment installed. Therefore, the capital recovery factor (CRF) ranges from
0.094 to 0.1424 depending on the type of equipment installed.
6(c) Estimating Agency Burden and Cost
The only costs to the Agency are those costs associated with analysis of the reported
information. The EPA compliance and enforcement program includes activities such as: the
examination of records maintained by the respondents; periodic inspection of sources of
emissions; and the publication and distribution of collected information.
The average annual Agency cost during the 3 years of the ICR is estimated to be $75,394
(see Table 2 below.)
This cost is based on the average hourly labor rate as follows:
Managerial
Technical
Clerical

$61.36
$45.52
$24.64

(GS-13, Step 5, $38.35 + 60%)
(GS-12, Step 1, $28.45 + 60%)
(GS-6, Step 3, $15.40 + 60%)

These rates are from the Office of Personnel Management (OPM) 2009 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 the Agency cost is
based appear below in Table 2: Annual Burden and Cost to the Federal/State Government: Final
Amendments to NESHAP for Petroleum Refineries (40 CFR Part 63, Subpart CC).
6(d) Estimating the Respondent Universe and Total Burden and Costs
There are currently 142 major source refineries in the United States and no new refineries
are expected to be built during the next 3-year period. For the fenceline monitoring requirements,
and the new monitoring requirements for relief valves, it was assumed that one-third of all
refineries would come into compliance with requirements each year over the next 3 years. This
means that by the end of year one, 47.3 refineries would be in compliance; by the end of year
two, 94.7 refineries would be in compliance; and by the end of year three, all 142 refineries
would be in compliance with the updated rule. Over the 3-year period, an average of 94.7
refineries will be reporting under the new requirements ((47.3+94.7+142)/3).

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Number of Respondents
Respondents That Submit
Reports
Year

(A)
Number of New
Respondents a

Respondents That Do
Not Submit Any
Reports

(B)
Number of
Existing
Respondents

(C)
(D)
(E)
Number of Existing
Number of Existing
Number of
Respondents that keep
Respondents That
Respondents
records but do not
Are Also New
(E=A+B+C-D)
submit reports
Respondents
1
0
47.3
0
0
47.3
2
0
94.7
0
0
94.7
3
0
142
0
0
142
Average
0
94.7
0
0
94.7
a
New respondents include sources with constructed, reconstructed, and modified affected facilities.

Column D is subtracted to avoid double-counting respondents. As shown above, the
average Number of Respondents over the 3-year period of this ICR is 94.7.
The total number of annual responses per year is calculated using the following table:
Total Annual Responses
(A)
Information Collection Activity

Notification of storage vessel
inspectionsb
Fenceline monitoring data
transmissionc
Notification of compliance statusd
Notification of compliance statuse
Semiannual reportsf
Semiannual reportsg
Flare Management Planh

(B)
Number of
Respondentsa

(C)
Number of
Responses

(D)
Number of Existing
Respondents That Keep
Records But Do Not
Submit Reports

(E)
Total Annual
Responses
E=(B×C)+D

94.7

1

0

94.7

94.7

4

0

378.8

47.3
94.7
94.7
9.5
94.7

2.67
2
8.17
1
3.6

0
126.3
0
189.4
0
773.7
0
9.5
0
340.8
Total
1,912
a
There are 142 major source petroleum refineries that have one or more affected sources subject to the standard. No
new or reconstructed facilities are expected over the next 3 years. We assumed that approximately one-third of
facilities would comply with the amended rule in each of the 3 years following promulgation, so that 47.3
facilities would comply and be subject the first year, 94.7 facilities would be subject the second year, and 142
facilities would be subject the third year. We assumed costs based on the second year, with 94.7 facilities subject
to the rule.
b
113 new tanks will be subject to tank inspection requirements under subpart CC.
c
Quarterly reports required.
d
Notification of compliance status is a one-time response, so used number of facilities subject per year for storage
vessels and delayed coking units.

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e

Assumed that there are so many relief valves and flares, that facilities will not bring all units into compliance in the
same year. Instead, used number of facilities in the second year.
f
Semiannual reports are already required under subpart CC but additional information will be reported due to newly
added requirements.
g
Semiannual reports for maintenance events are expected for 10% of the reporters during send year.
h
Assume 510 flares per 142 facilities, so 510*94.7/510= 340 expected to develop FMP in 2nd year. Then 340/94.7 =
4 flares per respondent.

The number of Total Annual Responses is approximately 1,912. The total annual labor
costs are approximately $8,300,000. Details regarding these estimates may be found below in
Table 1: Annual Respondent Burden and Cost: Final Amendments to NESHAP for Petroleum
Refineries (40 CFR Part 63, Subpart CC).
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 bottom line respondent burden hours and costs, presented in Table 1, are calculated
by adding person-hours per year down each column for technical, managerial, and clerical staff,
and by adding down the cost column. The average annual burden in the second year for the
recordkeeping and reporting requirements in the final amendments to subpart CC for the
142 facilities that are subject is 99,722 person-hours, with an annual average cost of
approximately $8,300,000. Details regarding these estimates may be found below in Table 1:
Annual Respondent Burden and Cost: Final Amendments to NESHAP for Petroleum Refineries
(40 CFR Part 63, Subpart CC).
The annualized capital costs associated with the final amendments are approximately
$17,500,000. The operation and maintenance costs associated with the final amendments are
approximately $32,100,000 for all facilities ($21,400,000 in the second year). The cost
calculations are detailed in Section 6(b)(ii), Capital vs. Operation and Maintenance (O&M) Costs
and 6(b)(iii), Annualizing Capital Cost.
(ii) The Agency Tally
The average annual Agency burden and cost over next 3 years is estimated to be
1,698 labor hours at a cost of approximately $75,400. See below Table 2: Annual Burden and
Cost to the Federal/State Government: Final Amendments to NESHAP for Petroleum Refineries
(40 CFR Part 63, Subpart CC).
6(f) Reasons for Change in Burden
The change in burden estimate reflects the additional requirements of the final
amendments to 40 CFR part 63, subpart CC.

14
6(g) Burden Statement
The average annual respondent burden for the final amendments for subpart CC is
estimated at 99,722 hours. 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, the EPA has established a public docket for this ICR
under Docket ID Number EPA-HQ-OAR-2010-0682, which is available for on-line viewing at
www.regulations.gov, or in person viewing at the Air and Radiation Docket and Information
Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Avenue, NW, 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 Air and Radiation
Docket and Information Center is (202) 566-1742. An electronic version of the public docket is
available at www.regulations.gov. This site can be used to submit or view public comments,
access the index listing of the contents of the public 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 above. Also, you can send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID
Number EPA-HQ-OAR-2010-0682 in any correspondence.
Part B of the Supporting Statement
This part is not applicable because no statistical methods were used in collecting this
information.

15
Table 1. Annual Respondent Burden and Cost: Final Amendments to NESHAP for Petroleum Refineries (40 CFR Part 63,
Subpart CC).
(A)
Burden item

1. Applications
2. Survey and Studies
Process units -LDAR Evaluation of
prevention measures
Flare Management Plan
3. Acquisition, Installation, and
Utilization of Technology and Systems
4. Reporting Requirements
A. Read Instructions
B. Required Activities
Fenceline monitoring sample
collection and analysis small facilityc
Fenceline monitoring sample
collection and analysis medium
facilityc
Fenceline monitoring sample
collection and analysis large facilityc
Development of alternative
monitoring plan for fenceline
monitoring
Storage vessel inspections
Flares
C. Create information
D. Gather existing information
E. Write report

(B)
No. of
occurrences
per respondent
per year

(C)
Personhours per
respondent
per year
(C=A×B)

(E)
Technical
personhours per
year
(E=C×D)

Management
person-hours
per year
(E×0.05)

(G)
Clerical
personhours
per year
(E×0.1)

8

13

104

94.7

9,845

492

985

75

4

270

94.7

25,560

1,278

2,556

100

1

100

94.7

9,467

473

947

7.4

26

192

56.0

10,774

539

1,077

9.8

26

255

18.0

4,586

229

459

$438,373

11.6

26

302

20.7

6,233

312

623

$595,763

40.0

1

40

4.7

189

9

19

$18,097

variable
0.4
See 4B
See 4B

variable
365

2.66
146

94.7
94.7

251
13,821

12.6
691

25.1
1,382

Personhours per
occurrence

(D)

Respondents
per yeara

(F)

(H)

Cost,$b

N/A
N/A
$941,027
$2,443,050

N/A
$904,833
$1,029,898

$24,028
$1,321,057

16
(A)
Burden item

Fenceline monitoring data
transmission
Notification of compliance statusd
Storage vessels, delayed cokers
Relief valves, flares
Notification of storage vessel
inspection
Compliance reportse
Storage vessels
Relief valves
Bypass lines
Delayed cokers
Flares
Maintenance Vents
5. Recordkeeping Requirements
A. Read instructions
B. Plan activities
C. Implement activities
D. Develop record system
E. Time to enter information
Storage vessels
Relief valves
Bypass lines
Fenceline monitoring
Delayed cokers
Flares
Maintenance Vents

Personhours per
occurrence

(B)
No. of
occurrences
per respondent
per year

(C)
Personhours per
respondent
per year
(C=A×B)

1

4

4

1
1

2.67
2

0.5

0.00511
0.5
0.075
0.25
1.5
1

(D)

(E)
Technical
personhours per
year
(E=C×D)

Management
person-hours
per year
(E×0.05)

(G)
Clerical
personhours
per year
(E×0.1)

94.7

379

18.9

37.9

$36,193

2.67
2

47.3
94.7

126
189

6.32
9.5

12.6
19

$12,075
$18,097

1

0.5

94.7

47.3

2.37

4.73

$4,524

2
2
2
0.167
2
1

0.0102
1
0.15
0.0417
3
1

94.7
94.7
94.7
94.7
94.7
9.5

0.967
227
14.2
3.95
284
9

0.0483
11.4
0.710
0.198
14.2
0.5

0.0967
22.7
1.42
0.395
28.4
0.9

$92
$21,704
$1,357
$378
$27,145
$905

variable
3.2
0.211
26
501
365
1

4.09
2
0.075
13.0
8.35
18.3
1

94.7
94.7
94.7
94.7
94.7
94.7
9.5

387
151
7.1
1,231
790
1,728
9

19.3
7.6
0.35
61.5
39.5
86.4
0.5

38.7
15.1
0.71
123
79.0
173
0.9

$36,967
$14,469
$679
$117,628
$75,509
$165,132
$905

Respondents
per yeara

(F)

(H)

Cost,$b

See 4A
See 4A
See 4B
N/A
variable
0.5
0.355
0.5
0.0167
0.05
1

17
(A)
Burden item

F. Training
Subtotal Labor Burden

Personhours per
occurrence

(B)
No. of
occurrences
per respondent
per year

8.5

1

(C)
Personhours per
respondent
per year
(C=A×B)
8.5

(D)

Respondents
per yeara
47.3

(E)
Technical
personhours per
year
(E=C×D)
402
86,705

(F)
Management
person-hours
per year
(E×0.05)
20.1
4,336
99,722

(G)
Clerical
personhours
per year
(E×0.1)
40.2
8,671

(H)

Cost,$b
$38,455
$8,288,270

Annualized Capital Cost
$17,518,336
f
Operation and Maintenance Costs
$21,421,971
TOTAL LABOR BURDEN AND
$38,940,307
COSTg
a
We have determined that 142 major source petroleum refineries currently operate in the US. No new or reconstructed facilities are expected over the next 3
years. We assumed that approximately one-third of facilities would comply with the amended rule in each of the 3 years following promulgation, so that 47.3
facilities would comply and be subject the first year, 94.7 facilities would be subject the second year, and 142 facilities would be subject the third year. We
assumed costs based on the second year, with 94.7 facilities subject to the rule.
b
This ICR uses the following labor rates: $130.26 per hour for Executive, Administrative, and Managerial labor; $84.95 per hour for Technical labor, and $41.18
per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, May 2009. 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
These values are consistent with the Fenceline Monitoring Technical Support Document, located in Docket ID No. EPA-HQ-OAR-2010-0682.
d
Notification of compliance status is a one-time response, so used number of facilities subject per year for storage vessels and delayed coking units. Assumed that
there are so many relief valves and flares, that facilities will not bring all units into compliance in the same year. Instead, used number of facilities in the second
year.
e
These costs represent the additional burden associated with the amendments to subpart CC. These costs are in addition to the current cost of semiannual
compliance reporting. For maintenance vents, assumed 10% of year 2 reporters would need to report for this source type.
f
The operating and maintenance cost of fenceline monitoring and flare monitoring in the second year.
g
The total labor burden and cost is the sum of the total labor cost, the annualized capital cost, and the operation and maintenance cost.

18
Table 2. Annual Burden and Cost to the Federal/State Government: Final Amendments to NESHAP for Petroleum Refineries
(40 CFR Part 63, Subpart CC).
(A)
Activity

Hours per
occurrence

(B)
Hours per
plant per
year

(C)
Plants per
year a

(D)
Technical
person-hours
per year
(E=B×C)

(E)
Management
person-hours
per year
(D×0.05)

(F)
Clerical
person- hours
per year
(D×0.1)

(G)

Cost, $ b

Report Review
Notification of compliance status – Storage
1
2
47.3
94.7
4.73
9.47
$4,833
vessels, delayed cokers
Notification of compliance status – Relief
1
2
94.7
189
9.5
18.9
$9,666
valves, flares
Request for alternative monitoring for
1
1
4.7
5
0.2
0.5
$242
fenceline requirements
Flare management plan review
1
1
94.7
95
4.7
9.5
$4,833
Semiannual reports – Storage
0.25
0.5
94.7
47.3
2.37
4.73
$2,416
Semiannual reports – Relief valves
1
2
94.7
189
9.47
18.9
$9,666
Semiannual reports – Bypass lines
0.25
0.5
94.7
47.3
2.37
4.73
$2,416
Semiannual reports – Delayed cokers
0.25
0.5
94.7
47.3
2.37
4.73
$2,416
Semiannual reports – Flares
2
4
94.7
379
18.9
37.9
$19,332
Semiannual reports - Maintenance Vents
0.25
0.5
9.5
5
0.2
0.5
$242
Semiannual report for fenceline monitoring
1
4
94.7
379
18.9
37.9
$19,332
TOTAL LABOR BURDEN AND COST
1,698
$75,394
Assumptions:
a
We have determined that 142 major source petroleum refineries currently operate in the US. No new or reconstructed facilities are expected over the next 3
years.
b
This ICR uses the following labor rates: Managerial rate of $61.36 per hour (GS-13, Step 5, $38.35 + 60%), Technical rate of $45.52 per hour (GS-12, Step 1,
$28.45 + 60%), and Clerical rate of $24.64 per hour (GS-6, Step 3, $15.40 + 60%). These rates are from the Office of Personnel Management (OPM) 2009
General Schedule, which excludes locality rates of pay.