U.S. Environmental Protection Agency
Information Collection Request
The New Source Performance Standards (NSPS) for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) were proposed on May 4, 1987; and promulgated on November 23, 1988. These regulations apply to existing facilities and new wastewater systems at petroleum refineries, and cover individual drain systems, oil-water separators, and aggregate facilities. An individual drain system consists of all process drains connected to the first downstream junction box. An oil-water separator is the wastewater treatment equipment used to separate oil from water. An aggregate facility is an individual drain system together with ancillary downstream sewer lines and oil-water separators, down to and including the secondary oil-water separator, as applicable. Aggregate facilities are intended to capture any potential VOC emissions within the petroleum refinery wastewater system during expansions of and additions to the system. 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 QQQ.
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, or 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.
Any owner/operator subject to the provisions of this part shall maintain a file of these measurements and retain the file for at least two years following the date of such measurements, maintenance reports, and records. 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. If there is no such delegated authority, the EPA’s regional offices can review them. All other 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 EPA’s regional offices. The use of the term "Designated Administrator" throughout this document refers to the U.S. EPA or a delegated authority, such as a state agency. The term “Administrator” alone refers to the U.S. EPA Administrator.
There are approximately 130 wastewater systems with VOC emissions facilities, which are owned and operated by the petroleum refinery industry. None of the 130 facilities in the United States are owned by either state, or local, or tribal entities or by 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. The ‘burden’ to the “Affected Public” may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (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 EPA Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (Renewal).
Based on our consultations with industry representatives, there is an average of 1 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 130 respondents per year will be subject to these standards, and no additional respondents per year will become subject to these same standards.
Over the next three years, approximately 130 respondents per year will be subject to these standards, and no additional respondents per year will become subject to these same standards. In renewing the currently approved ICR, the agency has reviewed the number of respondents in industry and updated the burden estimates accordingly. This ICR reflects a decrease in the number of respondents following a review of EPA’s Enforcement and Compliance History Online (ECHO) database and industry consultation. In this case, we identified 6 number of sources based on consolidation within the industry. Due to this consolidation, we assume no new sources will appear over the next three years.
Supporting Statement A
Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.
EPA is charged under Section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect: “application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111(a)(l).”
The Agency refers to this charge as selecting the best demonstrated technology (BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every eight years.
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, volatile organic compound (VOC) emissions from petroleum refinery wastewater systems either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NSPS promulgated for this source category at 40 CFR Part 60, Subpart QQQ.
Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.
The recordkeeping and reporting requirements in these 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 the Agency or its delegated authority when a source becomes subject to the requirements of these 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 these standards are being met. The performance test may also be observed.
The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.
Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
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 both comply with the emission standards and 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. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.
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. The EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA’s 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 two years.
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.
Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
For reports required to be submitted electronically, the information is sent through the EPA's CDX, using CEDRI, where the appropriate EPA regional office can review it, as well as for state and local agencies that have been delegated authority. If a state or local agency has adopted under its own authority its own standards for reporting or data collection, adherence to those non-Federal requirements does not constitute duplication.
For all other reports, 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 either the delegated state or local agency. If a state or local agency has adopted its own 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.
If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
A 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.
Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
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.
Explain any special circumstances that require the collection to be conducted in a manner inconsistent with PRA Guidelines at 5 CFR 1320.5(d)(2).
These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.
If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to these comments. Specifically address comments received on cost and hour burden.
An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (87 FR 43843) on July 22, 2022. No comments were received on the burden published in the Federal Register for this renewal.
Describe efforts to consult with persons outside the Agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
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 the standard, 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 130 respondents will be subject to these standards over the three-year period covered by this ICR.
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 these standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the American Petroleum Institute, at (202) 682-8000, and the American Fuel & Petrochemical Manufacturers, at (202) 457-0480.
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, no comments were received.
Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.
The Agency does not intend to provide payments or gifts to respondents as part of this collection.
Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
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 (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).
Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
The reporting or recordkeeping requirements in these standards do not include sensitive questions.
Provide estimates of the hour burden of the collection of information. The statement should:
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and the aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included as O&M costs under non-labor costs covered under question 13.
The respondents to the recordkeeping and reporting requirements are petroleum refineries that have one or more subject wastewater systems. The United States Standard Industrial Classification (SIC) code for the respondents affected by the standards is SIC 2911 which corresponds to the North American Industry Classification System (NAICS) code 324110 for petroleum refineries.
Based on our research for this ICR, on average over the next three years, approximately 130 existing respondents will be subject to these standards. It is estimated that no additional respondents per year will become subject. The overall average number of respondents, as shown in the table below, is 130 per year.
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 Respondents 1 |
(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) |
1 |
0 |
130 |
0 |
0 |
130 |
2 |
0 |
130 |
0 |
0 |
130 |
3 |
0 |
130 |
0 |
0 |
130 |
Average |
0 |
130 |
0 |
0 |
130 |
1 New respondents include sources with constructed, reconstructed and modified affected facilities.
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 130.
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 |
Notification of
construction/ |
0 |
1 |
N/A |
0 |
Notification of modification |
0 |
1 |
N/A |
0 |
Notification of actual startup |
0 |
1 |
N/A |
0 |
Initial certification of equipment and inspections |
0 |
1 |
N/A |
0 |
Initial inspection report detailing emission problems |
0 |
1 |
N/A |
0 |
Notifications of various intent |
0 |
1 |
N/A |
0 |
Demonstration for alternative operational or process parameter |
0 |
1 |
N/A |
0 |
Notification of delay in compliance |
0 |
1 |
N/A |
0 |
Semiannual report |
130 |
2 |
N/A |
260 |
Notification of initial performance test |
0 |
1 |
N/A |
0 |
|
|
|
Total |
260 |
The number of Total Annual Responses is 260.
In this ICR, all the data that are recorded or reported is required by the NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ).
A source must make the following reports:
Notifications |
|
Notification of construction or reconstruction |
§60.7(a)(1) |
Notification of modification |
§60.7(a)(4) |
Notification of actual startup date |
§60.7(a)(3) |
Notification of initial performance test |
§60.8(a) |
Notification of election to construct and operate a completely closed drain system |
§60.7, §60.693-1(c), §60.698(a) |
Notification of election to construct and operate a floating roof on an oil-water separator tank or other subject auxiliary equipment |
§60.7, §60.693-2(b), §60.698(a) |
Notification of intent to use an alternative means of emission limitation |
§60.7, §60.694(c) |
Notification of intent to use a VOC control device other than a carbon absorber to meet the requirement of §60.692-5(a), with information describing the control device and the process parameters being monitored |
§60.7, §60.695(b) |
Demonstration that an alternative operational or process parameter will ensure that the control device is operated in compliance with standards |
§60.7, §60.695(c) |
Initial certification that the requirements for equipment and inspections have been met |
§60.698(b)(1) |
Notification of delay in compliance along with the date of the next scheduled refinery or process unit shutdown and reasons why delay is necessary |
§60.7(a)(4), §60.698(e) |
Reports |
|
Semiannual reports of excess emissions from and performance of continuous monitoring systems, and/or summary report forms |
§60.7(c), §60.7(d), §60.698(c) |
Semiannual certification that required inspections have been carried out |
§60.698(b)(1) |
Initial performance test data and result for flares |
§60.8(a), §60.698(b)(2) |
Initial and semiannual inspection reports detailing problems resulting in VOC emissions and the corrective actions taken |
§60.7(c), §60.698(c) |
Semiannual reporting on control device performance |
§§60.7(c)-(d), §60.698(d) |
A source must keep the following records:
Recordkeeping |
|
Retain records for a period of two years after being recorded |
§60.7(f), §60.697(a) |
Maintain records of startups, shutdowns, malfunctions of affected facilities; malfunctions of control devices; and periods where the continuous monitoring system is inoperative |
§60.7(b), §60.7(h), §60.692-1(a), §60.697(f)(3)(iv) |
Maintain records of measurements, performance evaluations, calibration checks, adjustments and maintenance related to continuous monitoring systems |
§60.7(f), §§60.697(b)-(c) |
Maintain records of location, date, and corrective actions for process drains not in compliance |
§60.7(f), §60.697(b)(1) |
Maintain records of location, date, and corrective actions for junction boxes out of compliance |
§60.7(f), §60.697(b)(2) |
Maintain records of location, date, and corrective actions for sewer lines out of compliance |
§60.7(f), §60.697(b)(3) |
Maintain records of location, date, and corrective actions for oil-water separators out of compliance |
§60.7(f), §60.697(c) |
Maintain records of location, date and corrective actions for closed vent systems and completely closed drain systems out of compliance |
§60.7(f), §60.697(d) |
Maintain records of expected date of repairs if emission point cannot be repaired without a process shutdown; reason for delay; signature of company official who authorizes the delay; and the date of actual repairs |
§60.697(e) |
Maintain records of copy of design specifications for all equipment used to comply with the standards for the life of the source |
§§60.697(f)(1)-(2) |
Maintain records of information pertaining to the operation and maintenance of closed-drain systems and closed-vent systems |
§60.697(f)(3) |
Maintain records of location, plans or specifications for inactive process drains for the life of the facility |
§60.697(g) |
Maintain records of location, plans or specifications for exempted storm water sewer systems for the life of the facility |
§60.697(h) |
Maintain records of location, plans or specification for exempted ancillary equipment for the life of the facility |
§60.697(i) |
Maintain records of location, plans or specifications for exempted non-contact cooling water systems for the life of the facility |
§60.697(j) |
Maintain records for inspections and corrective actions taken for oil-water separators |
§60.7(f), §60.697(k) |
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.
Respondent Activities listed here:
Familiarization with the regulatory requirements.
Install, calibrate, maintain, and operate continuous temperature monitoring device for thermal or catalytic incinerators; a continuous VOC monitoring device for regenerative carbon absorbers; and/or a thermocouple or equivalent device for flares, as applicable.
Perform initial performance test, Reference Method 21 test (Method 22 for flares), and repeat performance tests if necessary.
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.
The specific frequency for each information collection activity within this request is shown at the end of this document in Table: Annual Respondent Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (Renewal).
The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 8,900 hours (Total Labor Hours from Table below). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously-approved ICR, and any comments received.
This ICR uses the following labor rates:
Managerial $157.61 ($75.05 + 110%)
Technical $123.94 ($59.02 + 110%)
Clerical $62.52 ($29.77 + 110%)
These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2021, “Table. 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 varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees.
Based on our research for this ICR, on average over the next three years, approximately 130 existing respondents will be subject to these standards. It is estimated that no additional respondents per year will become subject. The overall average number of respondents, as shown in the table below, is 130 per year.
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 Respondents 1 |
(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) |
1 |
0 |
130 |
0 |
0 |
130 |
2 |
0 |
130 |
0 |
0 |
130 |
3 |
0 |
130 |
0 |
0 |
130 |
Average |
0 |
130 |
0 |
0 |
130 |
1 New respondents include sources with constructed, reconstructed and modified affected facilities.
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 130.
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 |
Notification of construction/ |
0 |
1 |
N/A |
0 |
Notification of modification |
0 |
1 |
N/A |
0 |
Notification of actual startup |
0 |
1 |
N/A |
0 |
Initial certification of equipment and inspections |
0 |
1 |
N/A |
0 |
Initial inspection report detailing emission problems |
0 |
1 |
N/A |
0 |
Notifications of various intent |
0 |
1 |
N/A |
0 |
Demonstration for alternative operational or process parameter |
0 |
1 |
N/A |
0 |
Notification of delay in compliance |
0 |
1 |
N/A |
0 |
Semiannual report |
130 |
2 |
N/A |
260 |
Notification of initial performance test |
0 |
1 |
N/A |
0 |
|
|
|
Total |
260 |
The number of Total Annual Responses is 260.
The total annual labor costs are $1,320,000. Details regarding these estimates may be found at the end of this document in Table: Annual Respondent Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (Renewal).
The total annual labor hours are 8,900 hours. Details regarding these estimates may be found below in Table: Annual Respondent Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (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 34 hours per response.
Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).
The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate.
Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
The type of industry costs associated with the information collection activities in the subject standard(s) are both labor costs, which are addressed elsewhere in this ICR, and the costs associated with continuous monitoring. The capital/startup costs are one-time costs when a facility becomes subject to these regulations. The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) and other such costs as photocopying and postage.
Capital/Startup vs. Operation and Maintenance (O&M) Costs |
|||||||
(A) Continuous Monitoring Device |
(B) Capital/Startup Cost for One Respondent |
(C) Number of New Respondents |
(D) Total Capital/Startup Cost, (B X C) |
(E) Annual O&M Costs for One Respondent |
(F) Number of Respondents with O&M |
(G) Total O&M, (E X F) |
|
Portable VOC analyzer for non-regenerative carbon absorber |
$2,960 |
0 |
0 |
$130 |
130 |
$16,900 |
|
Total a |
|
|
$0 |
|
|
$16,900 |
|
Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.
The total capital/startup costs for this ICR are $0. This is the total of column D in the above table.
The total operation and maintenance (O&M) costs for this ICR are $16,900. This is the total of column G.
The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $16,900. These are the recordkeeping costs.
.
Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.
The EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information:
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.
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 both comply with the emission standards and 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. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.
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. The EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA’s 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 two years.
The only costs to the Agency are those costs associated with analysis of the reported information. The 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 $158,000.
This cost is based on the average hourly labor rate as follows:
Managerial $70.56 (GS-13, Step 5, $44.10 + 60%)
Technical $52.37 (GS-12, Step 1, $32.73 + 60%)
Clerical $28.34 (GS-6, Step 3, $17.71 + 60%)
These rates are from the Office of Personnel Management (OPM), 2022 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. Details upon which this estimate is based appear at the end of this document in Table: Average Annual EPA Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (Renewal).
The average annual Agency burden and cost over next three years is estimated to be 2,390 labor hours at a cost of $158,000. See Table: Average Annual EPA Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (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.
The only costs to the Agency are those costs associated with analysis of the reported information. The 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.
Explain the reasons for any program changes or adjustments reported in the burden or capital/O&M cost estimates.
The adjustment decrease in burden from the most recently approved ICR is due to a decrease in the number of sources. The previous ICR included 149 respondents, while this ICR only includes 130. Petroleum refinery capacities have been declining since 2020, including the associated wastewater systems. This ICR estimated the number of respondents using data collected by the U.S. Energy Information Administration. The decrease in the number of sources also led to a decrease of the Capital and Operation & Maintenance costs. However, the overall increase in total cost is due to the use of updated labor rates. This ICR uses labor rates from the most recent Bureau of Labor Statistics report (September 2021) to calculate respondent burden costs.
For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
The Agency does not intend to publish information gathered through this infromation collection.
If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
The Agency plans to display the expiration date for OMB approval of the information collection on all instruments.
Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”
This information collection complies with all provisions of the Certification for Paperwork Reduction Act Submissions.
The annual public reporting and recordkeeping burden for this collection of information is estimated to average 34 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-OAR-2022-0068. 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), EPA 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. Due to COVID-19 precautions, entry to the Reading Room is available by appointment only. Please contact personnel in the Reading Room to schedule an appointment. 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-OAR-2022-0068 and OMB Control Number 2060-0172 in any correspondence.
See listed Tables on following pages.
Table: Annual Respondent Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (Renewal)
Burden item |
(A) |
(B) |
(C) |
(D) Respondents |
(E) Technical person- hours per year (E=CxD) |
(F) Management person-hours per year (Ex0.05) |
(G) |
(H) |
1. Applications |
N/A |
|
|
|
|
|
|
|
2. Survey and Studies |
N/A |
|
|
|
|
|
|
|
3. Reporting requirements |
|
|
|
|
|
|
|
|
A. Familiarize with regulatory requirements c |
2 |
1 |
2 |
130 |
260 |
13 |
26 |
$44,213.99 |
B. Required activities |
|
|
|
|
|
|
|
|
Inspect drain systems d |
2 |
12 |
24 |
130 |
3,120 |
156 |
312 |
$530,567.86 |
Inspect oil-water separators e |
8 |
2 |
16 |
130 |
2,080 |
104 |
208 |
$353,711.90 |
Performance test f |
330 |
1 |
330 |
0 |
0 |
0 |
0 |
$0 |
C. Create information |
See 3B |
|
|
|
|
|
|
|
D. Gather existing information |
See 3E |
|
|
|
|
|
|
|
E. Write report |
|
|
|
|
|
|
|
|
Notification of construction/reconstruction f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of modification f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of actual startup f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Initial certification of equipment and inspections f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Initial inspection report detailing emission problems f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of initial performance test f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Various notifications of intent f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Demonstration for alternative operational or process parameter f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of delay in compliance f |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Semiannual report g |
8 |
2 |
16 |
130 |
2,080 |
104 |
208 |
$353,711.90 |
Results of performance test |
See 3B |
|
|
|
|
|
|
|
Subtotal for Reporting Requirements |
|
|
|
|
8,671 |
$1,282,206 |
||
4. Recordkeeping requirements |
|
|
|
|
|
|
|
|
A. Familiarize with regulatory requirements |
See 3A |
|
|
|
|
|
|
|
B. Plan activities |
N/A |
|
|
|
|
|
|
|
C. Implement activities |
N/A |
|
|
|
|
|
|
|
D. Develop record system |
N/A |
|
|
|
|
|
|
|
E. Enter information |
1.5 |
1 |
1.5 |
130 |
195 |
10 |
20 |
$33,160.49 |
F. Train personnel |
N/A |
|
|
|
|
|
|
|
G. Audits |
N/A |
|
|
|
|
|
|
|
Subtotal for Recordkeeping Requirements |
|
|
|
|
224 |
$33,160 |
||
TOTAL LABOR BURDEN AND COSTS (rounded) h |
|
|
|
|
8,900 |
$1,320,000 |
||
TOTAL CAPITAL AND O&M COSTS (rounded) h |
|
|
|
|
|
|
|
$16,900 |
GRAND TOTAL (rounded) h |
|
|
|
|
|
|
|
$1,340,000 |
|
|
|
|
|
|
|
|
|
Assumptions: |
|
|
|
|
|
|
|
|
a We have assumed that the average number of respondents that will be subject to the rule will be 130. There will be no additional new sources per year that will become subject to the rule over the three-year period of this ICR. |
||||||||
b This ICR uses the following labor rates: Managerial $157.61 ($75.05 + 110%); Technical $123.94 ($59.02 + 110%); and Clerical $62.52 ($29.77 + 110%). These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2021, “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 varying industry wage rates and the additional overhead business costs of employing workers beyond their wages and benefits, including business expenses associated with hiring, training, and equipping their employees. |
||||||||
c We have assumed that each respondent will read instructions one time per year. |
||||||||
d We have assumed that each respondent will take two hours to inspect drain systems twelve times per year. |
||||||||
e We have assumed that it will take eight hours for each respondent to inspect oil-water separators two times per year. |
||||||||
f This activity applies only to new or modified sources. |
||||||||
g We have assumed that each respondent will take eight hours to write the semiannual report two times per year. |
||||||||
h Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.
|
||||||||
Table: Annual Estimated EPA Burden and Cost – NSPS for VOC Emissions from Petroleum Refinery Wastewater Systems (40 CFR Part 60, Subpart QQQ) (Renewal)
Activity |
(A)
|
(B)
|
(C)
|
(D)
|
(E)
|
(F)
|
(G)
|
(H)
|
1. Report Review |
|
|
|
|
|
|
|
|
Notification of construction/reconstruction |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of modification |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of actual startup |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Initial certification for equipment and inspections |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Initial inspection detailing emission problems |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of various intent c |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Demonstration for alternative operational or process parameter |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of delay in compliance |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Notification of initial performance test |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Initial performance test report for flares |
2 |
1 |
2 |
0 |
0 |
0 |
0 |
$0 |
Review of semiannual reports d |
8 |
2 |
16 |
130 |
2,080 |
104 |
208 |
$158,106.00 |
TOTAL COSTS (rounded)e |
|
|
|
|
2,390 |
$158,000 |
||
|
|
|
|
|
|
|
|
|
Assumptions: |
|
|
|
|
|
|
|
|
a We have assumed that the average number of respondents that will be subject to the rule will be 130. There will be no additional new sources that will become subject to the rule over the three-year period of this ICR. |
||||||||
b This cost is based on the average hourly labor rate as follows: Managerial $70.56 (GS-13, Step 5, $44.10 + 60%); Technical $52.37 (GS-12, Step 1, $32.73 + 60%); and Clerical $28.34 (GS-6, Step 3, $17.17 + 60%). This ICR assumes that Managerial hours are 5 percent of Technical hours, and Clerical hours are 10 percent of Technical hours. These rates are from the Office of Personnel Management (OPM), 2022 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 The following notification review is included: election to construct and operate a completely closed drain system; election to construct and operate a floating roof; intent to use an alternative means of emission limitation; and intent to use a VOC control device other than a carbon absorber to meet the requirements of 60.692-5(a). |
||||||||
d We have assumed that it will take 8 hours two times per year to review each semiannual report. |
||||||||
e Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding. |
||||||||
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | 18Q Supporting Statement Instructions_draft |
| Author | McGrath, Daniel |
| File Modified | 0000-00-00 |
| File Created | 2024-10-07 |