NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC) (renewal)

Forms and Documents

Document Name	Status
1692t13.xlsx Supplementary Document	2022-07-29
1692ss13.docx Supporting Statement A	2022-07-29

IC Document Collections

IC ID	Document Title	Status
24474	NESHAP for Petroleum Refineries (40 CFR part 63, Subpart CC)	Modified

ICR Details

OMB Control No: 2060-0340	ICR Reference No: 202207-2060-004
Status: Received in OIRA	Previous ICR Reference No: 202202-2060-016
Agency/Subagency: EPA/OAR	Agency Tracking No: 1692.13
Title: NESHAP for Petroleum Refineries (40 CFR part 63, subpart CC) (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: 07/29/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2022
Responses	3,924	3,602
Time Burden (Hours)	614,074	627,738
Cost Burden (Dollars)	32,628,000	375,355

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Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Petroleum Refineries, published at 40 CFR part 63, subpart CC, were proposed on July 15, 1994, promulgated on August 18, 1995, and most recently amended on October 28, 2009. These regulations apply to the following existing and new petroleum refining process units and emission points located at refineries that are major sources of hazardous air pollutants (HAPs): miscellaneous process vents, storage vessels, wastewater streams and treatment operations, equipment leaks, gasoline loading racks, and marine vessel loading operations. These regulations also apply to storage vessels and equipment leaks associated with bulk gasoline terminals or pipeline breakout stations that are related to an affected petroleum refinery. New facilities include those that commenced construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR part 63, subpart CC. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports. Owners or operators 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 sources subject to NESHAP. In addition, respondents are required to comply with the recordkeeping and reporting requirements contained in the following rules: either 40 CFR part 61, subpart VV or 40 CFR part 63, subpart H for equipment leaks (which includes an initial report and semiannual summaries of leak detection and repair); 40 CFR part 61, subpart FF for wastewater operations; portions of 40 CFR part 63, subpart R for gasoline loading racks; and 40 CFR part 63, subpart Y for marine tank vessel loading operations. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office.

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Authorizing Statute(s): US Code: 42 USC 7401 et.seq. 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:
	85 FR 28003	05/12/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 45772	07/29/2022
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
NESHAP for Petroleum Refineries (40 CFR part 63, Subpart CC)

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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	3,924	3,602	0	0	322	0
Annual Time Burden (Hours)	614,074	627,738	0	0	-13,664	0
Annual Cost Burden (Dollars)	32,628,000	375,355	0	0	32,252,645	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 increase in burden from the most-recently approved ICR (ICR 1692.10) is due to several adjustments. This increase is not due to any program changes. This ICR incorporates the burden from both ICR 1692.10 and ICR 1692.12, which detail the additional burden to petroleum refineries from the December 1, 2015 (80 FR 75178) and November 18, 2018 (83 FR 60696) amendments to the rule, respectively. The 2015 rule amendments added new recordkeeping and reporting requirements for delayed coking unit vents, flares used as control devices, and fenceline monitoring, as well as additional requirements for storage vessels. The 2018 rule amendments revised the recordkeeping requirements for maintenance vents associated with equipment containing less than 72 lbs of VOC. This ICR accounts for the full burden of the current rule and reflects an increase in burden hours and responses. This ICR, by in large, reflects the on-going burden and costs for existing facilities, with the exception of a small number of facilities with reconstructed units that must meet initial compliance requirements. The burden in this ICR accounts for implementation of the 2015 amendments, which have been in effect for more than three years. The previous ICR (ICR 1692.10) reflected those burdens and costs associated with the initial activities for subject facilities, such as purchasing monitoring equipment and establishing recordkeeping systems. As such, the capital/startup costs as calculated in section 6(b)(iii) in this ICR have decreased compared with the costs in the previous ICRs ((ICR 1692.10 and ICR 1692.12). In the next three years, the ongoing O&M costs for affected existing facilities at refineries from the 2015 amendments have been adjusted to include the O&M costs for pressure relief valves to address API/APEM comments. In addition, this ICR also adjusts the estimated number of Group 1 storage vessels subject to requirements from 9 to 12 for each facility, per consideration of comments by API/APFM in a letter dated February 14, 2019 and confirmed through Agency analysis.

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Annual Cost to Federal Government: $373,000

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: 07/29/2022

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