SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40
CFR Part 63, Subpart EEEE) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40
CFR Part 63, Subpart EEEE) (Renewal), EPA ICR Number 1963.04, OMB
Control Number 2060-0539

1(b)  Short Characterization/Abstract

	The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part
63, Subpart EEEE) were proposed on April 2, 2002, and promulgated on
February 3, 2004.  These regulations apply to the collection of
activities and equipment at new and existing facilities used to
distribute organic liquids into, out of, or within a major source plant
site.  New facilities include those that commenced construction or
reconstruction after the date of proposal.  Organic liquids distribution
includes, but is not limited to, activities such as storage, transfer,
blending, compounding, and packaging.  Organic liquid means any
non-crude oil liquid or liquid mixture that contains 5 percent by weight
or greater of the organic HAP listed in Table 1 to this subpart, as
determined using the procedures specified in Section 63.2354(c) and/or
any crude oils downstream of the first point of custody transfer. 
Organic liquids, for purposes of this subpart, do not include the
following liquids: gasoline (including aviation gasoline); kerosene (No.
1 distillate oil); diesel (No. 2 distillate oil); asphalt: heavier
distillate and fuel oils; any fuel consumed or dispensed on the plant
site directly to users (such as fuels for fleet refueling or for
refueling marine vessels that support the operation of the plant;
hazardous waste; wastewater; ballast water: or any non-crude oil liquid
with an annual average true vapor pressure (TVP) less than 0.7
kilopascals (0.1 psia).  This information is being collected to assure
compliance with 40 CFR part 63, subpart EEEE.

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 (SSM)
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 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.

There is 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, an average of 381 respondents per year will
be subject to the standard, and 12 additional respondents per year will
become subject to the standard.  The same numbers of facilities close or
are no longer subject to the standard each year, so the total number of
respondents does not change from year to year.

The Office of Management and Budget (OMB) approved the current
Information Collection Request (ICR) without any “Terms of
Clearance.”

The burden to the “Affected Public” may be found below in Table 1:
Annual Respondent Burden and Costs for the NESHAP for Organic Liquids
Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE)
(Renewal).  The burden to the “Federal government” is attributed
entirely to work performed by Federal employees or government
contractors; this burden may be found below in Table 2: Annual Federal
Government Burden and Cost for the NESHAP for Organic Liquids
Distribution (Non-Gasoline) Facilities (40 CFR Part 63, Subpart EEEE)
(Renewal).

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 (CAA), 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 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, hazardous air pollutant emissions from
the distribution of organic liquids cause or contribute to air pollution
that may reasonably be anticipated to endanger public health or welfare.
 Therefore, NESHAP were promulgated for this source category at 40 CFR
part 63, subpart EEEE.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure
compliance with the applicable regulations which where 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 the emission standards. 
Continuous emission monitors (CEMS) are used to ensure compliance with
the standards at all times.  Alternatively, 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 initial notifications required in the standards are used to inform
the Agency or delegated authority when a source becomes subject to the
requirements of the regulations.  The Notification of Compliance Statue
Report is used to determine how the facility is complying with the
standard.  The reviewing authority may then inspect the source to check
if the pollution control devices are properly installed and operated
and/or leaks are being detected and repaired and the 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.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
63 subpart EEEE.

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, no duplication
exists.

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 (74 FR 38006) on July 30, 2009. 
No comments were received on the burden published in the Federal
Register.

3(c)  Consultations

The Agency’s industry experts have been consulted and the Agency’s
Technical Support Document for the proposed rule has been evaluated.  As
established in that document, the published data for the industry
segments with organic liquid distribution (OLD) functions (chemical
manufacturing, petroleum refining, etc.) typically are not specific to
activities that qualify as distribution, which is the source category
affected by this ICR.  Therefore, the information necessary to extract
the OLD emissions sources from the general industry data is not readily
available.  For example, the storage capabilities, throughputs and other
data available for the chemical production and refining industries apply
to all production and storage for the liquids processed at the
facilities, not just those which meet the applicability of the OLD rule.

For the purposes of this ICR, the Agency relied on the same data
specific to the OLD activities which were received by EPA in response to
a survey that was sent to 167 companies in April 1998.  The same data
were used as the basis for establishing the floor and preparing the
original ICR, and for the reasons outlined above, are the only pertinent
information currently available to the Agency which are specific to the
emission sources encompassed by the OLD industry.

The primary source of information as reported by industry, in compliance
with the recordkeeping and reporting provisions in the standard, is the
Air Facility System (AFS) which is operated and maintained by the EPA
Office of Compliance.  AFS is the EPA database for the collection,
maintenance, and retrieval of all compliance data.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed and the standard has been previously reviewed to
determine the minimum information needed for compliance purposes.

	Additionally, consultations with industry representatives (i.e.,
respondents) were conducted to determine if there is anyway for EPA to
reduce the recordkeeping and reporting burden or improve the language in
the standard to make it easier to comply.  Liane Platt of the Dow
Chemical Company (979-238-5418) and Paul Jann of the DuPont Company
(302-774-8043) were contacted and asked to provide comment on the
assumptions made in the ICR renewal.  No comments were received which
required any changes be made to the ICR renewal.  

It is our policy to carefully review any comments received since the
last ICR renewal including those submitted in response to the first
Federal Register notice and respond appropriately.  In this case, no
comments were received.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards. 
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and 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 the standards.  EPA
believes that the five-year records retention requirement is consistent
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 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 the standard 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
owner and operators of plant sites at which the distribution of organic
liquids into, out of or within a major source plant site.  The North
American Industry Classification System (NAICS) and the corresponding
Standard Industrial Classification (SIC) code for the respondents
affected by the standards are listed in the following table:

Industry Segment	NAICS Codes	SIC Codes

Chemical Production	325211, 325192, 325188	2821, 2865, 2869

Petroleum Refineries	32411	2911

Liquid Terminals	49311, 49319	4226

Crude oil pipeline stations	48611	4612

Petroleum terminals	42269, 42271	5169, 5171



4(b)  Information Requested 

(i)  Data Items

In this ICR, all the data that is recorded or reported is required by
the NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities
(40 CFR part 63, subpart EEEE) (Renewal)

A source must make the following reports:

Requirements	Regulation Reference

Maintain copies of all submitted reports and notifications for five
years	63.10(b) and 63.2394(b) 

Initial notifications (including construction/reconstruction)	63.5,
63.9(b), and 63.2382(b)

Notification of actual date of startup	63.9(b)(4)(v)

Notification of performance test, test plan, and emission profile
63.7(b)-(c)(2), 63.9(e),63.999(a)(1) and 63.2382(c)

Notification of CEMS performance evaluation	63.8(e)(2) and 63.9(g)

Notification of continuous parameter monitoring system (CPMS)
performance evaluation	63.8(e)(2) and 63.9(g)

Request for Extension of Compliance, if necessary and required progress
reports	63.9(c), 63.10(d)(4)

Request to use alternative recordkeeping	63.998(b)(5)

Request for alternative monitoring	63.998(d)

Notification of compliance status (including performance test results)
63.9(h), 63.10(d)(2), 63.999(a)(2), 63.999(b) and 63.2382(d)

First Compliance Report	63.10(e)(3), 63.999(c), 63.2386(a), (b)(1), (c),
and (e)

Semi-annual 

compliance report	63.10(e)(3), 63.999(c) and 63.2386(a), (b)(2), (d),
and (e)

SSM Reports, periodic and immediate	63.10(d)(5) and 63.2386(a)



A source must keep the following records:

Requirements	Regulation Reference

Record retention	63.10(b)(1) and 63.2394(b)

Documentation supporting initial notifications and notifications of
compliance status	63.10(b)(2)(xiv) and 63.2525(a)(1)

Records relating to emissions points which are part of the affected
source but which do not require control	63.2390(b)

Startup, shutdown, and malfunction plan	63.6(e)(3)

Records related to startup, shutdown, and malfunction
63.6(e)(3)(iii)-(iv), 63.10(b)(2)(i)-(ii), (iv)-(v) and 63.2390(b)(1)

Records of performance tests and CEMS performance evaluations and
conditions of performance tests and CEMS performance evaluations
63.10(b)(2)(viii) and (ix) and 63.2390(b)(1)

Records of performance tests and CPMS performance evaluations and
conditions of performance tests and CPMS performance evaluations
63.998(a) and 63.2390(b)(1)

Records for equipment leaks	63.1038(b)-(c) and 63.2525(a)(4)

Records for applicability determinations 	63.10(b)(3)

Results of each CEMS calibration, validation check, and inspection and
maintenance	63.10(b)(2)(x) and (xi), 63.2390(b)(1)

Results of each CPMS calibration, validation check, and inspection and
maintenance	63.2390(b)(1)

Records for each CEMS	63.8(d)(3), 63.8(f)(6)(i), 63.10(b)(2)(vi)-(ix),
and 63.2390(b)(1)

Records for each CPMS	63.2390(b)(1)



		

	(ii)  Respondent Activities

Respondent Activities

Install, calibrate, maintain, and operate CPMS for the appropriate
control device

Perform initial performance test 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 the purpose of collecting,
validating, and verifying information.

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

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

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

Transmit, or otherwise disclose the information.



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.

Also, regulatory agencies in cooperation with the respondents continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately 20 percent of the respondents use
electronic reporting.

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

Observe initial performance tests and repeat performance tests if
necessary.

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 Air Facility System (AFS).



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 standard 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.  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 entered into the AFS which is
operated and maintained by the EPA Office of Compliance.  AFS is the EPA
database for the collection, maintenance, and retrieval of compliance
data for approximately 125,000 industrial and government-owned
facilities.  EPA uses the AFS for tracking air pollution compliance and
enforcement by local and state regulatory agencies, EPA regional offices
and EPA headquarters.  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

	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.  The exact number of small entities potentially affected
could not be determined based on review of available information,
including the Final Rule (73 FR 40977).  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.  Even though the recordkeeping
requirements are the same for small and large businesses, the Agency
considers these requirements the minimum needed to ensure compliance
and, therefore, cannot reduce them further for small businesses. 
Construction, modification, and reconstruction reports are filed only
once.  Equipment leak monitoring and storage tank inspection records are
brief, and cargo tank vapor tightness documentation will be supplied
primarily by independent cargo tank operators and kept at the OLD
facility for each tank truck and railcar that is to be loaded with
regulated liquids at the facility.

	Although this proposed rule will not have a significant economic impact
on a substantial number of small entities, we nonetheless have tried to
minimize the impact of this rule on small entities in several ways. 
First, we chose to set the control requirements at the MACT floor
control level and not at a control level more stringent.  Thus, the
control level specified in the proposed OLD rule is the least stringent
allowed by the CAA.  Second, we have set facility size, transfer rack
throughput, and tank size cutoffs in the rule to minimize the effects on
small businesses.  Third, we have identified a list of 69 HAP from the
list of 188 in the CAA to be considered for regulation.  Regulated
liquids are organic liquids that contain at least 5 percent by weight of
the 69 HAP listed.  In addition, we worked with various trade
associations during the development of the proposed rule.  These actions
have reduced the economic impact on small entities from this rule.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown below in Table 1: Annual Respondent Burden and
Cost for the NESHAP for Organic Liquids Distribution (Non-Gasoline)
Facilities (40 CFR part 63, subpart EEEE) (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
the subpart 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 not conduct or 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 85,503
hours.  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	$114.49 ($54.52 + 110%)   

Technical	$98.20 ($46.76 + 110%)

Clerical	$48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, September 2009, “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

This section covers the costs associated with all types of continuous
monitoring equipment (e.g., CEMS and continuous parameter monitors). 
The type of industry costs associated with the information collection
activities in the subject standards 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 the regulation.  The annual operation and
maintenance costs are the ongoing costs to maintain the monitors.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

The capital costs associated with monitoring equipment for storage tanks
and transfer racks include the monitoring equipment, installation,
ancillary costs (planning and selection), and a data acquisition system
(DAS) (data logger, computer, logging and reporting software, and
printer).  The capital costs for the monitoring equipment were estimated
based on the following assumptions: (1) the monitoring equipment cost
per facility with transfer racks is $12,150, which includes the cost for
thermocouple, wire, and DAS; (2) the monitoring equipment cost for each
facility with storage tanks with separate emission controls is $780,
which includes the cost for thermocouple and wire to connect to the DAS
for transfer racks; and (3) the monitoring equipment has a 5-year
expected life and is not capitalized, so no discount rate applies.  The
annual average capital cost for monitoring equipment for transfer racks
per facility is $12,500 divided by 5, or $2500 per year.  The annual
average capital cost for monitoring equipment for storage tanks per
facility is $780 divided by 5, or $156 per year year.  It is estimated
that two new facilities will purchase transfer rack equipment and that
two additional new facilities will purchase storage tank equipment in
each of the three years covered by this ICR.

The capital costs associated with monitoring equipment for leak
detection and repair (LDAR) include the cost of the purchase of a
organic volatile analyzer (OVA).  The estimated average cost of an OVA
is $7,000 with a five-year expected life.  The equipment is not
capitalized, so no discount rate applies.  The average annual cost is
$7,000 divided by 5 years or $1,400 per year.  It is estimated that 6
new facilities will conduct LDAR monitoring.  It is estimated that 50
percent of the sources with LDAR programs will purchase a monitor for
use in-house, and the rest will contract out the practice.  Those
facilities which contract out (3 facilities) will purchase 1 unit as
backup; the remaining facilities performing LDAR in-house (3 facilities)
will purchase 5 units to support the program, for a total of 18 units
purchased.

Capital/Startup vs. Operation and Maintenance Costs

(A)

Continuous Monitoring Device	(B)

Annualized Capital / Startup Cost for One Respondent	(C)

Number of New Respondents	(D)

Number of Existing Respondents	(E)

Total Annualized Capital / Startup Cost,

(C+D) x B	(F)

Annual O&M Costs for One Respondent	(G)

Number of Respondents with O&M	(H)

Total O&M,

(E X F)

Transfer rack –thermo-couple, DAS, wire	2,500	2	317	797,500	15,875	319
5,064,125

Storage Tank thermocouple, wire 	156	2	317	49,764	5,825	319	1,858,175

LDAR	1,400	18	546 a	789,600	N/A	91	0

Total



$1,636,864

	$6,922,300

a 181 existing sources will have LDAR programs.  Fifty percent of the
sources with LDAR programs will purchase a monitor for use in-house, and
the rest will contract out the practice.  Those facilities which
contract out (91 facilities, rounded up) will purchase one unit as
backup; the remaining facilities performing LDAR in-house (91
facilities, rounded up) will purchase 5 units to support the program,
for a total of 546 units purchased.

Operation and maintenance (O&M) costs include those costs associated
with the general upkeep of capital equipment, such as monitoring
equipment.  The O&M cost associated with the monitoring equipment is
$15,875 for transfer racks and $5,825 for storage tanks, per respondent.
 For LDAR monitoring, the operation of the monitors is included in the
monitoring costs.  Maintenance costs on these units are incidental;
therefore, no maintenance or operation costs incur.

The total average annualized capital/startup costs for this ICR are
$1,636,864.  This is the total of Average Annual cost for column E in
the above tables.

The total operation and maintenance (O&M) costs for this ICR are
$6,922,300.  This is the total of column H, above.

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 $8,559,164.

 	6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  The EPA compliance and enforcement program
includes activities such 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 $474,091.  

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

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%) 

		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010
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 below in Table 2: Annual Federal Government Burden and Cost
for the NESHAP for Organic Liquids Distribution (Non-Gasoline)
Facilities(40 CFR Part 63, Subpart EEEE) (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 381 existing respondents will be subject to the
standard.  It is estimated that an additional 12 respondents per year
will become subject, but the same number of respondents will also cease
to be subject.  Therefore, the overall average number of respondents
remains constant at 381.  However, 64 of these sources will only incur
minimal recordkeeping and no reporting, because they are subject to the
standard but have no control requirements and no on-going requirements
beyond an initial notification.  A total of one hour of burden was
assigned for these 64 sources in the ICR for the initial notification.

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

Initial Notification	12	1	N/A	12

Notification of Performance Test	3	1	N/A	3

Notification of Compliance Status	12	1	N/A	12

Semiannual Report	317	2	64	698

Notification of Construction/Reconstruction	12	1	N/A	12

Notification of Actual Startup	12	1	N/A	12

	Total	749



The number of Total Annual Responses is 749.

The total annual labor costs are $8,087,607.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost for NESHAP for Organic Liquids Distribution (Non-Gasoline)
Facilities (40 CFR Part 63, Subpart EEEE) (Renewal).

The total annual capital/startup and O&M costs to the regulated entities
are $8,559,164.  The cost calculations are detailed in Section
6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

The average annual Agency burden and cost over next three years is
estimated to be 10,520 labor hours at a cost of $474,091.  See below
Table 2: Annual Federal Government  Burden and Cost for NESHAP for
Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR Part 63,
Subpart EEEE) (Renewal).

6(e)  Bottom Line Burden Hours 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, respectively,
and summarized below.

(i)  Respondent Tally

The total annual labor costs are $8,087,607.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost for NESHAP for Organic Liquids Distribution (Non-Gasoline)
Facilities (40 CFR Part 63, Subpart EEEE) (Renewal).  Furthermore, the
annual public reporting and recordkeeping burden for this collection of
information is estimated to average 114 hours per response.

The total annual capital/startup and O&M costs to the regulated entity
are $8,559,164.  The cost calculations are detailed in Section
6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii)  The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 10,520 labor hours at a cost of $474,091.  See below
Table 2: Annual Federal Government Burden and Cost for NESHAP for
Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR part 63,
subpart EEEE) (Renewal).

6(f)  Reasons for Change in Burden

	There is no change in the labor hours in this ICR compared to the
previous ICR.  This is due to two considerations: (1) the regulations
have not changed over the past three years and are not anticipated to
change over the next three years; and (2) the growth rate for the
industry is very low, negative or non-existent.  Therefore, the labor
hours in the previous ICR reflect the current burden to the respondents
and are reiterated in this ICR.  However, there is an apparent increase
of two hours in the total Agency hours for this ICR.  Total Agency hours
for this ICR is 10,520 rather than 10,518 in the previous ICR, because
the previous ICR did not retain decimal places in intermediate
calculations. 

There is an increase in both respondent and Agency labor burden costs
resulting from labor rate increases from 2003 to the most recently
available rates.  The increase in cost to respondents and the Agency is
due to labor rate adjustments to reflect the most recent available
estimates.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 114 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information 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 not conduct or 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’s 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-2009-0543.  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 Avenue, N.W., Washington, D.C.  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, N.W., Washington, D.C. 20503, Attention:
Desk Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OECA-2009-0543 and OMB Control Number 2060-0539 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 for the NESHAP for Organic
Liquids Distribution (Non-Gasoline) Facilities(40 CFR Part 63, Subpart
EEEE) (Renewal)



Burden Item	Technical Hrs per  Occurrence	Number of Occurrences per
Respondent per Year	Technical Hours per Respondent (C=AxB)	Number of
Respondents per Year	Technical Hours per Year @ $98.20/hr 	Manag. Hours
per Year (5% of Technical) @ $114.49/hr	Clerical hours (10% of
Technical) @ $48.53/hr	Total Hours per Year	Total Labor Cost per Year
($)k

1.  Applications	N/A









2.  Surveys and Studies	N/A









3.  Reporting Requirements









	  A.  Read and Understand Rule Requirementsa, b	40	1	40	12	480	24	48
552	$52,213 

  B.  Required Activities:









	3.1 Organic Liquids









	(a).  Provide true vapor pressure and percent Table 1 HAP of all
organic liquids transferred into/out of facility.	10	1	10	317	3,170
158.5	317	3645.5	$344,825 

(b).  Determine and provide Table 1 HAP percentages in organic liquids
using Method 311.h	1	15	15	83	1,245	62.25	124.5	1431.75	$135,428 

3.2  Storage Tanks









	(a).  Provide a list of all tanks in OLD operation including their
capacity, HAP vapor pressure for tanks less than 50,000 gallons, roof
type, primary and secondary seal types, and fittings.a, b	20	1	20	12	240
12	24	276	$26,107 

(b).  Provide results of the required inspections for storage tanks.b	15
1	15	317	4,755	237.75	475.5	5468.25	$517,237 

3.3 Transfer Operations









	(a).  Provide documentation of  the facility-wide volume of affected
liquids transferred through loading racks and the HAP percentage of
affected liquids transferred through each rack.b	20	2	40	188	7,520	376
752	8648	$818,007 

(b).  Provide documentation that cargo tanks subject to Method 27 vapor
tightness testing loading at affected loading positions have current
vapor tightness certification.b	15	1	15	188	2,820	141	282	3243	$306,753 

3.4 Equipment Leaks









	(a).  Provide a list of all equipment in OLD service.a, b	20	1	20	6	120
6	12	138	$13,053 

(b).  Provide documentation detailing equipment found leaking using
Method 21 was repaired in time required.c	10	4	40	302	12,080	604	1,208
13892	$1,314,032 

3.5 Control Devices









	(a).  Provide records of control devices in OLD service and the
emission sources which they control.a, d	10	1	10	3	30	1.5	3	34.5	$3,263 

(b).  Provide records detailing deviations in the proper operating
conditions of the control devices in OLD service.d	5	1	5	96	480	24	48
552	$52,213 

(c).  Provide records of all performance tests required for the control
devices.a, d, e	24	1	24	3	72	3.6	7.2	82.8	$7,832 

(d).  Performance test of control devices, Method 25A.a, d, e	24	1	24	3
72	3.6	7.2	82.8	$7,832 

3.6 Repeat of Performance Test









Method 18--Measurement of Gaseous Organic Compound Emissions by Gas
Chromatographye, f, g	5	1	5	0	0	0	0	0	$0 

Method 25A--Determination of Gaseous TOC by Flame Ionization Detectione,
f, g	24	1	24	0	0	0	0	0	$0 

Method 27--Determination of Vapor Tightness Test for Gasoline Delivery
Tanksj	2	1	2	75	150	7.5	15	172.5	$16,317 

C.  Create Information	Incl. in 3.B







	D.  Gather Information	Incl. in 3.B







	E.  Report Preparation









	Initial Notification Reporta, b	16	1	16	12	192	9.6	19.2	220.8	$20,885 

Initial Compliance Reporta, b	20	1	20	12	240	12	24	276	$26,107 

Semiannual Compliance Reporte	40	2	80	317	25,360	1,268	2,536	29164
$2,758,597 

Notification of Performance Testa, e 	4	1	4	3	12	0.6	1.2	13.8	$1,305 

Notification of Construction/Reconstructiona, i	4	1	4	12	48	2.4	4.8	55.2
$5,221 

Notification of actual startupa, i	4	1	4	12	48	2.4	4.8	55.2	$5,221 

Subtotal Reporting







68,004	$6,432,449 

4.  Recordkeeping Requirements 









	A.  Read Instructions	Incl. in 3.A







	B.  Plan Activities	Incl. in 3.A







	C.  Implement Activities	Incl. in 3.A







	D.  Develop Record System	Incl in 3.A.







	E.  Record Information









	4.1 Organic Liquids









	(a).  Maintain records of true vapor pressure of organic liquids.	Incl.
in 3.1(a)







	(b).  Maintain records of Table 1 HAP in organic liquids.	Incl. in
3.1(a), (b)







	4.2 Storage Tanks









	(a).  Maintain records of all storage tanks in OLD service, their
dimensions, roof types, seal types, and fittings.	Incl. in 3.2(a)







	(b).  Maintain records of organic liquids and their respective volumes
stored in individual storage tanks.	Incl. in 3.2(a)







	(c).  Maintain records of storage tank inspections and repairs.	Incl.
in 3.2(b)







	4.3 Liquid Transfers









	(a).  Maintain records of the organic liquids and their respective
volumes transferred through each loading arm.	Incl. in 3.3(a)







	(b).  Maintain records of cargo tanks and their vapor tightness
certification.	Incl. in 3.3(b)







	4.4 Equipment Leaks









	(a).  Maintain records of equipment associated with organic liquids
distribution.	Incl. in 3.4(a)







	(b).  Maintain records of periodic Method 21 inspections, including
leaking equipment found, and time required to repair leaking equipment.
Incl. in 3.4(b)







	4.5 Control Devices









	(a).  Maintain records describing the control devices used to comply
with the NESHAP, and what emission sources they control.	Incl. in 3.5(a)







	(b).  Maintain records of performance tests.	Incl. in 3.5(b)







	(c)  Record startups, shutdowns, and malfunctions (deviations).b	4	12
48	317	15,216	760.8	1,522	17,499	$1,655,158 

G.  Personnel Training	N/A









Subtotal Recordkeeping







17,499	$1,655,158











	Totals:







85,503	$8,087,607 











	Assumptions:















	a  One time activity for new sources only.  Growth rate assumed to be 3
percent.





b  Required of all affected facilities.  Of the 381 facilities, 64 have
minimal tasks to do and are assigned a burden of 1 hour total, 

   so that the annualized number of respondents per year actively
engaged in the detection and correction of pollution problems is
effectively (381 - 64 = 317).

   All 317 of the affected facilities have storage tanks.  188 of the
affected facilities have transfer racks.  181 of the affected facilities
have LDAR programs.

c  Estimates do not include facilities that already operate an LDAR
program.





d  Only includes facilities installing a new control device as a result
of OLD NESHAP (25 percent of sources).



e  Estimate includes test plan, test report, and parametric monitoring
setup.  Assumes no facilities will use methods 18 or 25A.

f  Assumes that 15% of all performance tests need to be repeated.





	g  Assumes that this method will only be used to determine the percent
of HAP in organic liquids.



	h  Assumes that only for-hire terminals and bulk gasoline terminals
will require Method 18 testing of organic liquids.

i  Assumes that 12 facilities per year would be subject to
construction/reconstruction/actual startup provision.



j  Assumes that 1/2 percent of the approximately 15,000 tank trucks
carrying organic liquids would undergo Method 27 testing on an annual
basis.

k Assume a technical labor rate of $98.20, managerial rate $114.49, and
clerical rate of $48.53 from the United States Department of Labor,
Bureau of Labor Statistics, September 2009, “Table 2. Civilian
Workers, by Occupational and Industry group.”  The rates are from
column 1: Total compensation.  The wage rate obtained from the table has
been increased by 110 percent.





Table 2:  Annual Federal Government Burden and Cost for the NESHAP for
Organic Liquids Distribution (Non-Gasoline) Facilities(40 CFR Part 63,
Subpart EEEE) (Renewal)



Burden Item	Number of Activities per Year	EPA Hours per Activity
Technical Hours per Year @ $46.21/hr	Management Hours per Year @
$62.27/hr	Clerical Hours per Year @ $25.01/hr	Total Hours per Year	EPA
Cost per Year ($/yr)f

1.  Applications	N/A







2.  Surveys and Studies	N/A







3.  Reporting Requirements 







	A.  Read and Understand Rule Requirements	1	40	40	2	4	46	$2,073 

B.  Required Activities







	3.1 Organic Liquids







	(a).  Review documentation of organic liquids, their vapor pressure,
and percent of regulated HAP.a	317	6	1,902	95.1	190.2	2,187	$98,570 

3.2 Storage Tanks







	(a).  Review documentation of storage tanks, their roof types, etc.a	12
8	96	4.8	9.6	110.4	$4,975 

(b).  Review documentation of the required storage tank inspections.a
317	4	1,268	63.4	126.8	1,458	$65,713 

3.3 Transfer Operations







	(a).  Review documentation of the organic liquids transferred, their
volumes, TVP, and HAP percentages.b	188	4	752	37.6	75.2	864.8	$38,972 

(b).  Review documentation of vapor tightness testing on cargo tanks.d,
b	188	4	752	37.6	75.2	864.8	$38,972 

3.4 Equipment Leaks







	(a).  Review report of equipment leak program.c	181	8	1,448	72.4	144.8
1,665	$75,042 

(b).  Review report of equipment leak repairs.c	181	4	724	36.2	72.4
832.6	$37,521 

(c).  Review Method 21 documentation.c	181	4	724	36.2	72.4	832.6	$37,521


3.5 Control Devices

	0	0	0	0	$0 

(a).  Review control devices in OLD service.a	3	4	12	0.6	1.2	13.8	$622 

(b).  Review records of deviations.d	Included in 3.E.







(c).  Review control device performance test results.d	3	4	12	0.6	1.2
13.8	$622 

C.  Create Information	N/A







D.  Gather Information	N/A







E.  Report Preparation	N/A







  Review Initial Notification Report.a	12	4	48	2.4	4.8	55.2	$2,488 

  Review Initial Compliance Report.a	12	4	48	2.4	4.8	55.2	$2,488 

  Review Semi-annual Compliance Report.a	634	2	1,268	63.4	126.8	1,458
$65,713 

  Review Notification of Performance Test.a	3	2	6	0.3	0.6	6.9	$311 

  Review Notification of Construction/Reconstruction.e  	12	2	24	1.2	2.4
27.6	$1,244 

  Review Notification of Actual Startup.e	12	2	24	1.2	2.4	27.6	$1,244 

Subtotal Reporting





10,520	$474,091 

4.  Recordkeeping Requirements







	A.  Read Instructions	N/A







B.  Plan Activities	N/A







C.  Implement Activities	N/A







D.  Develop Record System	N/A







E. Record Information	N/A







F.  Personnel Training	N/A







G.  Time for Auditors	N/A







H.  Litigation	N/A







Subtotal Recordkeeping





N/A	N/A









	Totals:





10,520	$474,091 









	Assumptions:















	a  Estimate includes all affected facilities.







b  Estimate does not include crude oil pipeline breakout stations.





	c  Estimate does not include facilities that already operate an LDAR
program.





d  Only includes facilities incurring costs for a new control device as
a result of the OLD NESHAP.



	e  Estimate that only 12 facilities will undergo
construction/reconstruction, anticipated startup, and actual startup.



f  Assume a technical labor rate of $46.21, managerial rate $62.27, and
clerical rate of $25.01  These rates are from the Office of Personnel
Management (OPM), 2010 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.  These rates can be
obtained from the OPM web site,
http//www.opm.gov/oca/payrates/index/htm.



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