1080ss16

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven 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 Emissions from Benzene Storage Vessels and Coke Oven By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal), EPA ICR Number 1080.16, OMB Control Number 2060-0185.

1(b) Short Characterization/Abstract

The NESHAP for Coke Oven By-Product Recovery Plants (40 CFR Part 61, Subpart L) were promulgated on September 14, 1989 (54 FR 38073) and amended on February 12, 1999 (64 FR 7458). These regulations apply to each of the following benzene emission 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 (benzene-toluene-xylene) 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 Benzene Emissions from Benzene Storage Vessels (40 CFR Part 61, Subpart Y) were promulgated on September 14, 1989 (54 FR 38077) and amended on December 14, 2000 (65 FR 78268). These standards apply to each benzene storage vessel with a design storage capacity greater than or equal to 38 cubic meters (10,000 gallons). This subpart does not apply to: 1) storage vessels used for storing benzene at coke by-product facilities; 2) vessels permanently attached to motor vehicles --such as trucks, rail cars, barges or ships; and 3) 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.

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

Any owner/operator subject to the provisions of this part shall maintain a file containing these documents and retain the file for at least five years following the generation date of such maintenance reports and records. All reports are sent to either the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional office.

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 at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven 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 and may be found at the end of this document in Table 2: Average Annual Estimated EPA Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal). There are approximately 9 respondents per year which will be subject to Subpart L, and an average of 4 respondents per year which will be subject to Subpart Y. None of the facilities in the United States are owned by state, local, tribal, or the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond to EPA inquiries.

Based on our consultations with industry representatives, there is an average of one affected facility at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).

Over the next three years, approximately 9 respondents per year will be subject to Subpart L, and an average of 4 respondents per year will be subject to Subpart Y. The number of respondents subject to Subpart L have been adjusted downwards from the prior ICR, based on consultations with industry trade groups that indicate consolidation within the industry. No additional respondents per year will become subject for the purpose of this ICR. New or reconstructed sources under NESHAP Subpart Y are subject to similar monitoring, reporting, and record-keeping requirements under the New Source Performance Standards (NSPS) for storage vessels at 40 CFR Part 60, Subpart Kb. To avoid double-counting, the burden associated with these new sources are not presented in this ICR.

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

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to either 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 NESHAP 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 these emission standards. Continuous emission monitors are used to ensure compliance with these same 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 these standards are used to inform either the Agency or its 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 that 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 (84 FR 19777) on May 6, 2019. No comments were received on the burden published in the Federal Register for this renewal.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in these standards, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately 9 respondents per year will be subject to Subpart L, and an average of 4 respondents per year will be subject to Subpart Y over the three-year period covered by this ICR. The number of respondents subject to Subpart L have been adjusted downwards from the prior ICR, based on consultations with industry trade groups that indicate consolidation within the industry.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with these standards as they were being developed and that these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the American Coke and Coal Chemicals Institute, at (703) 795-3541, and the Association for Iron & Steel Technology, at (724) 814-3000.

It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as for those submitted in response to the first Federal Register notice. In this case, we received comments from the American Coke and Coal Chemicals Institute with a list of by-product recovery coke plants; based on the information provided, there are only 9 operating by-product recovery coke plants at the time of development of this ICR. We have incorporated this information into the current ICR.

3(d) Effects of Less-Frequent Collection

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

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to these standards. EPA believes that the five-year records retention requirement is consistent with the Part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance and to determine the appropriate level of enforcement action. EPA has found that the most flagrant violators have violations extending beyond five years. In addition, EPA would be prevented from pursuing the violators due to either the destruction or nonexistence of essential records.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in these standards 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 the 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
Steel Works, Blast Furnaces (Including Coke Ovens), and Rolling Mills	3312	331110 324199
Subpart Y
Petroleum Refining	2911	324110

4(b) Information Requested

(i) Data Items

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

A source must make the following reports:

Notifications
Subpart L
Notification and application of construction, reconstruction, or modification	§§61.05(a), 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)
Subpart Y1
Notification of benzene storage vessel filling/refilling	§§61.272(a)(3)(i), 61.272(b)(6)(ii), and 61.275(c)
Notification of gap measurements required by §61.272(b)(1)	§61.272(b)(5)

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.

Reports
Subpart L
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 Y1
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)
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
Subparts L and Y2
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 Y2
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)

² 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.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

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 equipment 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 collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for disclosing and providing information.

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

Transmit, or otherwise disclose the information.

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

5(a) Agency Activities

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

Agency Activities

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO) and ICIS.

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 to 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 reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. The EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for five years.

5(c) Small Entity Flexibility

The 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 at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven 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. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may neither conduct nor 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 1,730 hours (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 NESHAP program, the previously-approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates:

Managerial $141.06 ($67.17+ 110%)

Technical $120.27 ($57.27 + 110%)

Clerical $58.67 ($27.94 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2019, “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 standard(s) are labor costs. There are no capital/startup or 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 these 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 such activities 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 $4,440.

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

Managerial $66.62 (GS-13, Step 5, $41.64 + 60%)

Technical $49.44 (GS-12, Step 1, $30.90 + 60%)

Clerical $26.75 (GS-6, Step 3, $16.72 + 60%)

These rates are from the Office of Personnel Management (OPM), 2019 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to Federal government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven 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, on average over the next three years, approximately 9 existing respondents will be subject to Subpart L and 4 existing respondents will be subject to Subpart Y. It is estimated that no additional respondents per year will become subject to these regulations. The overall average number of respondents, as shown in the table below, is 9 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 Respondents1	(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	9	0	0	9
2	0	9	0	0	9
3	0	9	0	0	9
Average	0	9	0	0	9
Subpart Y2
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 New respondents include sources with constructed, reconstructed and modified affected facilities.

² 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 9 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	9	2	0	18
Subtotal for Subpart L				18
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	22

The number of Total Annual Responses is 22.

The total annual labor costs are $201,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven 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 at the end of this document, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 1,730 hours. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.

Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 79 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $0. 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 Labor Hours (hr)	Total Labor Costs
Subpart L	264	1,408	1,670	$194,000
Subpart Y	51	9	60	$6,950
Total			1,730	$201,000

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 92 labor hours at a cost of $4,44; see below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven By-Product Recovery Plants (40 CFR Part 61, Subparts L and Y) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proof-read the reports, make copies and maintain records.

Summary of Agency Burden and Costs (Rounded)
Standard	Total Burden Hours (hr)	Total Burden Costs ($)
Subpart L	83	$3,990
Subpart Y	9	$453
Total	92	$4,440

6(f) Reasons for Change in Burden

There is an adjustment decrease in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. This decrease is not due to any program changes. Based on consultations with industry, the number of coke plants subject to Subpart L has been revised since the previous ICR, while the number of facilities subject to Subpart Y remains unchanged. The number of coke plants subject to Subpart L reflects a decrease in the number of operating coke by-product recovery plants. This change results in a decrease in burden hours and in the number of responses. Also, there is an adjustment in the labor burden in this ICR compared to the previous ICR due to the increase in labor costs over the past three years. The overall result is a decrease in burden.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 79 hours per response. ‘Burden’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information either 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 neither conduct nor 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 Emissions from Benzene Storage Vessels and Coke Oven 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
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting requirements
A. Familiarize with regulation requirements	1	1	1	9	9.0	0.45	0.90	$1,198.71
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	9	4.5	0.23	0.45	$600.06
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	9	216	10.8	21.6	$28,769.04
Subtotal for Reporting Requirements					264			$30,567.81
4. Recordkeeping requirements
A. Familiarize with regulation requirements	See 3A
B. Plan activities
Maintenance plan	See 3A
C. Implement activities	See 3B
File and maintain records e	33	4	132	9	1,188	59.4	118.8	$158,229.72
Performance evaluation for Method 21 f	2	2	4	9	36	1.8	3.6	$4,794.84
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					1,408			$163,024.56
ANNUAL BURDEN AND COST (SUBPART L) (ROUNDED)					1,670			$194,000
Subpart Y
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting requirements
A. Familiarize with regulation requirements	1	1	1.0	4	4.0	0.20	0.40	$532.76
B. Required activities	N/A
C. Create information
Existing sources
Annual IFR internal inspections and EFR seal gap measurementsg	8	1	8	4	32	1.6	3.2	$4,262.08
D. Gather existing information	See 3C
E. Write Report
New sources
Notification of construction/reconstruction	See NSPS Kb
Notification of anticipated/actual startup	See 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,h	2	1	2	0	0	0	0	$0
Existing sources
Annual inspection reports	2	1	2	4	8	0.4	0.8	$1,065.52
Supplemental delay report i	2	1	2	0.08	0.16	0.01	0.02	$21.83
Quarterly emissions report j	N/A
Subtotal for Reporting Requirements					51			$5,882.19
4. Recordkeeping requirements
A. Familiarize with regulation requirements	See 3A
B. Plan activities	See 4C
C. Implement activities
File and maintain records	2	1	2	4	8	0.4	0.8	$1,065.52
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			$1,065.52
ANNUAL BURDEN AND COST (SUBPART Y) (ROUNDED)					60			$6,950
TOTAL ANNUAL BURDEN AND COST (SUBPARTS L and Y) (ROUNDED)					1,730			$201,000
Capital and O&M Costs (see Section 6(b)(iii))								$0
TOTAL (ROUNDED)k					1,730			$201,000

Assumptions:

^a. We have assumed that an average of 9 respondents per year will be subject to 40 CFR subpart L and an average of 4 respondents per year will be subject to 40 CFR 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: $120.27 for technical, $141.06 for managerial, and $58.67 for clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, June 2019, “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. EFR - External Floating Roof. IFR - Internal Floating Roof.

^h. 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.

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

^j. 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.

^k. Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2: Average Annual EPA Burden and Cost – NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke Oven 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	9	72	3.6	7.2	$3,992.11
ANNUAL BURDEN AND COST (SUBPART L, ROUNDED)					83			$3,990
Subpart Y
Report review
New sources
Notification of construction/reconstruction	See NSPS Kb
Notification of anticipated/actual startup	See 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,e	2	1	2	0	0	0	0	$0
Existing sources
Annual inspection report	2	1	2	4	8	0.4	0.8	$443.57
Supplemental delay report f	2	1	2	0.08	0.16	0.01	0.02	$9.11
Quarterly emissions report g	N/A
ANNUAL BURDEN AND COST (SUBPART Y) (ROUNDED)					9			$453
TOTAL (ROUNDED)h					92			$4,440

Assumptions:

^a. We have assumed that an average of 9 respondents per year will be subject to 40 CFR subpart L and an average of 4 respondents per year will be subject to 40 CFR 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: $49.44 for technical, $66.62 for managerial, and $26.75 for clerical labor. These rates are from the Office of Personnel Management (OPM), 2019 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 exemption reports twice per year.

^d. IFR - Internal Floating Roof

^e. 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.

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

^g. 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.

^h. Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.