NESHAP for Gasoline Distribution Facilities (40 CFR part 63, subpart R) (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1659ss12.docx	Supporting Statement A	Uploaded 2023-01-31	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
24443	NESHAP for Gasoline Distribution Facilities (Stage 1) (40 CFR Part 63, Subpart R)		Modified

ICR Details

OMB Control No: 2060-0325	ICR Reference No: 202301-2060-012
Status: Historical Inactive	Previous ICR Reference No: 201909-2060-009
Agency/Subagency: EPA/OAR	Agency Tracking No: 1659.12
Title: NESHAP for Gasoline Distribution Facilities (40 CFR part 63, subpart R) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 11/26/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/31/2023
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. Given that the cost estimates presented rely largely on non-public data, the agency is requested to work with OMB to increase the amount of quality supporting information underlying the cost estimates before this information collection is submitted for renewal. Lastly, the supporting statement submitted at final rule stage should include any changes that occurred between the proposed and final rule related to this ICR. Upon submission of the final rule ICR, the agency must update the burden estimates to accurately reflect the number of respondents in industry and verify that there are no reporting or recordkeeping requirements for States in 40 CFR part 63, subpart R. The agency must also ensure that burden is calculated for all of the requirements and that the requirements and burden tables are consistent throughout the supporting statement. The agency must provide screen shots of the electronic mode of collection that is used for this information collection. In addition, the agency must have a burden statement that aligns with the requirements under 5 CFR 1320.8(b)(3) and placement of the OMB control number for on-line submissions on the initial screen per 5 CFR 1320.3(f)(2).

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	12/31/2024
Responses	553	0	553
Time Burden (Hours)	15,900	0	15,900
Cost Burden (Dollars)	305,000	0	305,000

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Abstract: The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Gasoline Distribution Major Sources (40 CFR Part 63, Subpart R) were first promulgated on December 14, 1994, and last amended on April 6, 2006. These regulations apply to gasoline distribution bulk terminals or pipeline breakout stations that are a major source of hazardous air pollutants (HAP) emissions. This information is being collected to assure compliance with 40 CFR Part 63, Subpart R. In general, all NESHAP 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 deviation, 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 unless otherwise specified in the rule. All reports required to be submitted electronically are submitted through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI), where the delegated state or local authority can review them. In the event that there is no such delegated authority, the EPA regional office can review them. All other 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 EPA regional offices. The proposed amendments to the NESHAP for Gasoline Distribution Major Sources include the following: Increasing vapor tightness standards for gasoline cargo tanks Revising testing and monitoring requirements for gasoline loading vapor processing systems Requiring fitting controls for external floating roof tanks Including lower explosive limit (LEL) monitoring for internal floating roof tanks Performing semiannual instrument monitoring for equipment leaks Eliminating the startup, shutdown, and malfunction (SSM) exemption Removing applicability equation and updating definitions Adding electronic submittal of notifications, semiannual reports, and performance tests and performance evaluations The remaining portions of the major source NESHAP remain unchanged.

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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:
2060-AU97	Proposed rulemaking	87 FR 35608	06/10/2022

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
NESHAP for Gasoline Distribution Facilities (Stage 1) (40 CFR Part 63, Subpart R)

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This ICR is prepared for proposed amendments to the NESHAP for Gasoline Distribution Major Sources (40 CFR Part 63, Subpart R). These proposed amendments: (1) Adjust references to the Part 63 General Provisions (40 CFR, Part 63, Subpart A) and revise provisions in the NESHAP (40 CFR Part 63, Subpart R) to remove the SSM exemption and SSM plan requirement (2) Add electronic submittal of notifications, semiannual reports, and performance test and performance evaluation reports (3) Make technical and editorial changes including the following: increasing vapor tightness standards for cargo tanks, revising testing and monitoring requirements for gasoline loading vapor processing systems, requiring fitting controls for external floating roof tanks, including lower explosive limit (LEL) monitoring for internal floating roof tanks, performing semiannual instrument monitoring for equipment leaks, and removing the applicability equation and updating definitions. Where applicable, adjustments for these proposed amendments are reflected in Tables 1 and 2 of this ICR. This ICR reflects only the additional burden associated with the proposed rule revisions. Additional burden was added to review the amendments, review new electronic reporting forms, adjust recordkeeping processes to ensure data needed to complete the reporting forms are collected in the proper format, and to monitor equipment according to the proposed amendments. Burden estimates were also revised to account for additions and changes to the semiannual reporting requirements.

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Annual Cost to Federal Government: $125,584

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: 01/31/2023

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