NSPS for Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007(40 CFR part 60, subpart Ja) (Renewal)

Forms and Documents

Document Name	Status
2263t06.xlsx Supplementary Document	2019-04-29
2263ss06.docx Supporting Statement A	2019-04-19

IC Document Collections

IC ID	Document Title	Status
180132	NSPS for Petroleum Refineries (40 CFR part 60, subpart Ja)	Modified

ICR Details

OMB Control No: 2060-0602	ICR Reference No: 201904-2060-008
Status: Active	Previous ICR Reference No: 201512-2060-014
Agency/Subagency: EPA/OAR	Agency Tracking No: 2263.06
Title: NSPS for Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced after May 14, 2007(40 CFR part 60, subpart Ja) (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/29/2019
	Date Received in OIRA: 04/29/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2022	36 Months From Approved	05/31/2019
Responses	832	0	300
Time Burden (Hours)	355,000	0	64,300
Cost Burden (Dollars)	102,000,000	0	15,700,000

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Abstract: The New Source Performance Standards (NSPS), for which Construction, Re-construction, or Modification Commenced after May 14, 2007 (40 CFR Part 60, Subpart Ja) were proposed on May 14, 2007, promulgated on June 24, 2008, and amended on: September 26, 2008; September 12, 2012; December 19, 2013; December 1, 2015 ; and July 13, 2016 . The provisions of Subpart Ja apply to the following affected facilities in petroleum refineries: fluid catalytic cracking units (FCCU), fluid coking units (FCU), delayed coking units, fuel gas combustion devices (FGCD), process heaters, flares and sulfur recovery plants. Except for flares, these regulations apply to affected facilities at existing and new petroleum refineries that are constructed, reconstructed, or modified after May 14, 2007. The provisions of this subpart apply to flares which commence construction, modification or reconstruction after June 24, 2008. New facilities include those that commenced construction, modification or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 60, Subpart Ja. In general, all NSPS standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NSPS.

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Authorizing Statute(s): US Code: 42 USC 7401 Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 24785	05/30/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 18022	04/29/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
NSPS for Petroleum Refineries (40 CFR part 60, subpart Ja)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	832	300	0	0	532	0
Annual Time Burden (Hours)	355,000	64,300	0	0	290,700	0
Annual Cost Burden (Dollars)	102,000,000	15,700,000	0	0	86,300,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The adjustment increase in burden from the most recently-approved ICR is due to an increase in the estimates for the number of existing facilities located at petroleum refineries that become subject to the requirements of Subpart Ja because they are newly constructed, reconstructed or modified. The previous ICR renewal estimated that approximately 54 facilities with 2 CEMS each would become affected facilities subject to the rule each year. In this renewal ICR, that estimate has been increased to 100 facilities with 3 CEMS/CPMS each. The increase in burden is due to an increase in the estimates for the number of new, reconstructed, or modified facilities that are required to conduct initial performance tests on the equipment and the emissions and parameter monitors (CEMS and CPMS). For each startup and test of new, modified, or reconstructed equipment, there are numerous notifications and reports that must be submitted and reviewed. The adjustment increase in burden also reflects an increase in the number of CEMS and CPMS monitors on existing affected facilities that require routine performance audits (Relative Accuracy Audits or Cylinder Gas Audits) and relative accuracy testing; these costs were not included in the prior ICR. The increase in burden also reflects an increase in the estimates for the costs of new equipment and the required CEMS/CPMS monitors. The previous ICR renewal did not include the capital/startup costs for new, modified, or reconstructed equipment/process lines. This ICR estimates that, out of 100 facilities per year that become subject to the rule due to construction, modification, or reconstruction, 50 of these affected facilities per year will incur significant capital/startup costs. The increase in capital and O&M costs from the most recently approved ICR also reflects an increase in the estimates for the number of existing facilities located at petroleum refineries that are already subject to the requirements of Subpart Ja. The O&M costs for the CEMS and CPMS monitors on these existing facilities (280 flares and 600 other process units) were not accounted for in the prior ICR and are significant. The estimates of O&M costs for CEMS monitors have also been increased from approximately $15,000 per year to $25,000 per year based on comments provided by industry.

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Annual Cost to Federal Government: $156,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/29/2019

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