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
2263t07.xlsx Supplementary Document	2022-05-13
2263ss07.docx Supporting Statement A	2022-05-13

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: 202205-2060-007
Status: Received in OIRA	Previous ICR Reference No: 201904-2060-008
Agency/Subagency: EPA/OAR	Agency Tracking No: 2263.07
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	Date Submitted to OIRA: 05/23/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2022
Responses	716	832
Time Burden (Hours)	431,000	355,000
Cost Burden (Dollars)	120,000,000	102,000,000

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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:
	86 FR 8634	02/08/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 29309	05/13/2022
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 Request	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	716	832	0	0	-116	0
Annual Time Burden (Hours)	431,000	355,000	0	0	76,000	0
Annual Cost Burden (Dollars)	120,000,000	102,000,000	0	0	18,000,000	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: There is an increase in burden from the most-recently approved ICR as currently identified in the OMB Inventory of Approved Burdens. This increase is due primarily to an increase in the number of facilities at existing petroleum refineries subject to Subpart Ja. The petroleum refining industry has been decreasing in size, but as facilities at refineries are either constructed, modified, or reconstructed, they become newly subject to Subpart Ja. This ICR adjusts the number of facilities at refineries to reflect those sources constructed, modified, or reconstructed over the last three years. Since these newly affected facilities are required to install monitoring equipment to comply with the regulations, this has resulted in increases in capital/startup costs, performance testing costs, and operating and maintenance (O&M) costs, as well as for labor burden associated with periodic testing. There is also an increase in labor costs, which is wholly due to the use of updated labor rates. This ICR uses labor rates from the most-recent Bureau of Labor Statistics report (March 2021) to calculate respondent burden costs.

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Annual Cost to Federal Government: $141,000

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? No

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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: 05/23/2022

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