SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal)

EPA ICR Number 1054.11, OMB Control Number 2060-0022

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for Petroleum Refineries,
published at 40 CFR part 60, subpart J were proposed on June 11, 1973,
promulgated on March 8, 1974, and amended October 2, 1990.  These
regulations apply to the following affected facilities in petroleum
refineries: fluid catalytic cracking unit catalyst regenerators; fuel
gas combustion devices; and Claus sulfur recovery plants of more than 20
long tons per day commencing construction, modification, or
reconstruction after the date of proposal.  This information is being
collected to assure compliance with 40 CFR part 60, subpart J.

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 record of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative.  These notifications, reports, and
records are essential in determining compliance, and are required of all
affected facilities subject to NSPS.  Reporting frequency was changed
from quarterly to semiannual on February12, 1999 (64 FR 7465).  Also, it
is estimated that 5 percent of respondents to this Information
Collection Request (ICR) will undergo construction or reconstruction. 
These changes are being reflected for the Agency for the first time for
this ICR.

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 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.

Approximately 150 respondents are currently subject to the regulation,
and it is estimated that no additional respondents will become subject
to the regulation in the next three years.  This information was
confirmed with the rule lead addressing this source category of the
Office of Air Quality Planning and Standards (OAQPS).  

In the United States, there are approximately 150 petroleum refineries
that are publicly owned and operated by the petroleum refinery industry.
 None of these facilities are owned by either state, local, tribal or
the Federal government.  They are all owned and operated solely by
privately owned for-profit businesses.  The burden to the “Affected
Public” is listed in Table 1: Annual Industry Burden and Cost – NSPS
for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal).  The
Federal government burden does not include work performed by Federal
employees only work performed by contractors, and which could be found
listed below in Table 2: Average Annual EPA Burden – NSPS for
Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal).

In the development of the ICR, we addressed the Office of Management and
Budget (OMB) “Terms of Clearance (TOC)” on the active ICR.  The TOC
are as follows:

This collection of information is approved for 3 years.  Before
resubmission of this ICR, the Agency should update wage estimates,
continuing to refer to most recently available data from Bureau of Labor
Statistics.  In addition, the agency should verify the number of
respondent entities.

EPA has addressed each item of concern in the TOC.  The updated labor
rates and the number of respondents have been thoroughly checked, and
all estimates have been updated.

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The 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 four years. 

In addition, section 114(a) states that the Administrator may require
any owner or 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, particulate matter, carbon monoxide,
and sulfur oxides cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare. 
Therefore, the NSPS was promulgated for this source category at 40 CFR
part 60, subpart J.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which were promulgated in
accordance with the Clean Air Act.  In addition, the collected
information is 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 standard. 
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance tests, 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 the standard are used to inform the Agency
or delegated authority when a source becomes subject to the requirements
of the regulations.  The reviewing authority may then inspect the source
to ensure that the pollution control devices are properly installed and
operated, that leaks are being detected and repaired, and that the
standards are being met.  The performance test may also be observed.

The required semiannual reports are used to determine periods of excess
emissions, to identify problems at the facility, and to verify
operation/maintenance procedures and compliance.

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

The requested recordkeeping and reporting are required under 40 CFR part
60, subpart J.

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 their 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 (76 FR 26900) on May 9, 2011.  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
internal data sources and projections of industry growth over the next
three years have been considered.  The primary source of information as
reported by industry, in compliance with the recordkeeping and reporting
provisions in the standard, is the Online Tracking Information System
(OTIS) which is operated and maintained by the EPA Office of Compliance.
 OTIS is the EPA database for the collection, maintenance, and retrieval
of all compliance data.  The growth rate for the industry is based on
our consultations with the Agency’s internal industry experts.

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.  In developing this ICR, we consulted with the
EPA Office of Air Quality Planning and Standards, Refining and Chemicals
Group.  We also consulted the American Petroleum Industry at (202)
682-8209, and the National Association of Manufacturers at (202)
682-8114.  

After a thorough review, it is our policy to respond to comments
received since the last ICR renewal as well as to those submitted in
response to the first Federal Register notice.

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 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.

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
with 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 the 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 the 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
owners and operators of petroleum refineries.  The United States
Standard Industrial Classification (SIC) code for the respondents
affected by the standards is 2911, which corresponds to the North
American Industry Classification System (NAICS) 324110 for petroleum
refineries.

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

 Data Items

In this ICR, all the data that is recorded or reported is required by
NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal).

A source must make the following reports:

Notification Reports

Notification of the actual date of initial startup, and notification of
specific provisions for sulfur dioxide (SO2) standards with which the
source seeks to comply	60.7(a)(3),60.1079(a)



Notification of performance test and of any relevant delays.	60,8(d)

Notification of the date of construction (or reconstruction).	60.7(a)(1)

Notification of any physical or operational change to an existing
facility, which may increase the emission rate of any air pollution to
which a standard applies.	60.7(a)(4)

Notification of the date upon which demonstration of the continuous
monitoring system performance commences.	60.7(a)(5)

Notification of the anticipated date for conducting the opacity
observations, including, if appropriate, a request for the Administrator
to provide a visible emissions reader during a performance test.
60.7(a)(6)

Notification that Continuous Opacity Monitoring System (COMS) will be
used during a performance test in lieu of Method 9 observation data.
60.7(a)(7)

Request for exemption from the carbon monoxide (CO) continuous
monitoring system requirements.	60.105(a)(2)(ii)

Notification of change in semiannual report due to change in SO2
compliance method.	60.108(e)



Reports

Results of performance tests including opacity observations and results.
60.8(a), 0.11(e)(2-6)

60.13(c)

Semiannual reports.	60,107(c),(e-f)

Reports of any periods for which SO2 or oxides emissions data are not
available.	60.107(c-f)

Report of any periods for which SO2 or oxides emissions data are not
available.  	60.107(d) 

Excess emissions and monitoring systems performance report and/or
summary report (to be submitted with semiannual report).	60.7(c-d),
60.105(e)



A source must maintain the following records:

Recordkeeping 

Records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility; any malfunction of
the air pollution control equipment; or any periods during which a
continuous monitoring device is inoperative.	60.7(b)

Daily records of the average coke-burn-off rate and hours of operation
for any fluid catalytic cracking unit catalyst regenerator.	60.105(c)

Daily records of the rate of combustions of liquid or solid fossil-fuels
and the hours of operation during which they are combusted in the
incinerator-waste heat boiler (applies to fluid catalytic cracking unit
catalysts regenerators that use incinerator-waste heat boilers).
60.105(d)

Records of data obtained from the daily feed sulfur tests (if complying
with 60.104(b)(3).	60.107(b)(3)

Records of each 7-day rolling average compliance determination.
60.107(b)(4)

Records of COMS results during initial performance test.	60.11(e)(4)

Records of all data and calibrations from continuous monitoring systems,
including results of daily drift tests and quarterly accuracy
assessments; measurements obtained by supplemental sampling for meeting
minimum data requirements and written procedures for the quality control
program (if complying with 60.104(b)(1)).	60,107(b)(1)

Records of measurements obtained in the daily Method 8 testing, or those
obtained by alternative measurements, if applicable (complying with
60.104(b)(2).	60.107(b)(2)

Records of all measurements, including continuous monitoring system,
monitoring device, and performance testing measurements; all continuous
monitoring system performance evaluations; all continuous monitoring
system or monitoring device calibration checks; and adjustments and
maintenance performed on these systems or devices.	60.7(f)



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 not widely used.  At this time, it is
estimated that approximately 70 percent of the respondents use
electronic reporting.

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate continuous monitoring systems
(CMS) for opacity, CO, SO2, and oxygen dioxide (O2).

Perform performance test, using the procedures listed in 40 CFR 60.106,
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.



	Currently, sources are using monitoring equipment that provides
parameter data in an automated way (e.g., continuous parameter
monitoring system).  Although personnel at the source still need to
evaluate the data, this type of monitoring equipment has significantly
reduced the burden associated with monitoring and recordkeeping.

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,
excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information
system (OTIS).



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 operational.  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 OTIS which is
operated and maintained by the EPA Office of Compliance.  OTIS is the
EPA database for the collection, maintenance, and retrieval of
compliance data for approximately 125,000 industrial and
government-owned facilities.  EPA uses OTIS for tracking air pollution
compliance and enforcement by local and state regulatory agencies, EPA
regional offices, and EPA headquarters.  EPA delegated Authorities can
edit, store, retrieve, and analyze the data.

The records required by this regulation must be retained by the owner or
operator for two years.

5(c)  Small Entity Flexibility

The 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.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden for NSPS for
Petroleum Refineries (40 CFR Part 60, Subpart J) (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.  Wherever 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 15,784
(Total Labor Hours from Table 1).  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.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs 

This ICR uses the following labor rates:

Managerial	$119.36 ($56.84 + 110%)   

Technical	$99.18 ($47.23 + 110%)

Clerical	$49.35 ($23.50 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, March 2011, "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

The type of industry costs associated with the information collection
activities in the subject standard 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 monitor and
other costs, such as photocopying and postage.

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

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

(A)

Continuous Monitoring Device 1	(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)

Opacity	$26,056	0	$0	$1,303	150	$195,450

CO	    8,848	0	$0	   $885	150	$132,750

SO2	        13,028	0	$0	$1,303	        150	  $195,450

O2	   6,107	0	$0	$1,303	150	$195,450

Total





$719,100

1 Each respondent is assumed to have at least one monitor for each
parameter requiring monitoring under the standards.

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
$719,100.  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 $719,100.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  EPA’s overall 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 $22,076.

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) “2011
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 in Table 2: Average Annual EPA Burden, NSPS for Petroleum
Refineries (40 CFR Part 60, Subpart J) (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 150 existing respondents will be subject to the
standard.  It is estimated that no additional respondents per year will
become subject to the standard.  The overall average number of
respondents, as shown in the table below, is 150 per year. 

	The number of respondents is calculated using the following table that
addresses the three years covered by this ICR.

Number of Respondents

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	150	0	0	150

2	0	150	0	0	150

3	0	150	0	0	150

Average	0	150	0	0	150

1 New respondents include sources with constructed, reconstructed, and
modified affected facilities.

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 150.

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 or modification	0	1	0	0

Notification of performance test	0	1	0	0

Report of performance test	0	1	0	0

Semiannual report	150	2	0	300



The number of Total Annual Responses is 300.

The total annual labor costs are $1,510,886.  Details regarding these
estimates may be found in Table 1: Annual Industry Burden and Cost –
NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (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 hours are 15,784.  Details regarding these
estimates may be found in Table 1: Annual Respondent Burden and Cost:
NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 53 hours per
response.

The total annual capital/startup and operation and maintenance (O&M)
costs to the regulated entity are $719,100.

(ii)  The Agency Tally

The average annual Agency burden and cost over the next three years is
estimated to be 497 labor hours at a cost of $22,076.  See Table 2:
Annual Agency Burden and Cost: NSPS for Petroleum Refineries (40 CFR
Part 60, Subpart J) (Renewal).

6(f)  Reasons for Change in Burden

The adjustment increase in burden from the most recently approved ICR is
due to a more accurate estimate of existing sources.  After consulting
with the Office of Air Quality Planning and Standards (OAQPS) and trade
associations, the data indicates that there are approximately 150
sources subject to the rule, as compared with the active ICR that shows
132 sources.  There are no new facilities expected to be constructed
over the next three years of this ICR.  There is also an increase in the
estimated burden cost as currently identified in the OMB Inventory of
approved Burdens.  The increase is not due to any program changes.  The
change in burden cost is due to the use of the most updated labor rates.

Because there are no new sources with reporting requirements, no
capital/startup costs are incurred.  The only cost that is incurred is
for the O&M of the monitoring equipment.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 53 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, 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-2011-0222.  An electronic version of the public docket is
available at   HYPERLINK "http://www.regulations.gov/" 
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 content of the docket, and to access those
documents in the public docket that are available electronically.  When
in the system, select “search” than 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 Enforcement and
Compliance Docket and Information Center Docket is (202) 566-1927. 
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-2011-0222 and OMB Control Number
2060-0022 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 – NSPS for Petroleum
Refineries (40 CFR Part 60, Subpart J) (Renewal)

Burden item	(A)

Person hours per occurrence	(B)

No. of occurrences per respondent per year	(C)

Person hours per respondent per year

(C=AxB)	(D)

Respondents per year  a	(E)

Technical person- hours per year

(E=CxD)	(F)

Management person hours per year

(Ex0.05)	(G)

Clerical person hours per year

(Ex0.1)	(H)

Total Cost 

Per year b



1.  Applications	N/A







	2.  Survey and Studies	N/A







	3.  Reporting requirements









     A.  Read instructions c	1	1	1	0	0	0	0	$0

     B.  Required activities









           Performance Tests









 Relative Accuracy Test d	146	1	146	0	0	0	0	$0

 CEMS audits (RAA or CGA) e	160	2	320	0	0	0	0	$0

     C.  Create information	See 3B







	     D.  Gather existing information	See 3B







	     E.   Write Reports









  Notification of construction /reconstruction f	2	1	2	0	0	0	0	$0

            ii   Notification of performance test f	2	1	2	0	0	0	0	$0

            iii. Report of performance test f	2	1	2	0	0	0	0	$0

            iv.  Semiannual emission reports g	2	2	4	150	600	30	60

	Subtotal  for Reporting  Requirements





690



4.  Recordkeeping requirements









     A.  Read instructions 	See 3A







	     B.  Plan activities	See 3A







	     C.  Implement Activities 	See 3B







	     D.  Develop record system	N/A







	     E.  Time to enter information









           Records of Operating Parameters h	0.25	350	87.5	150	13,125
656.225	1,312.5	$1,444,836.39

    F.  Time to train personnel 	N/A







	    G.  Time for audits	N/A







	Subtotal  for Recordkeeping Requirements  





15,093.725



Subtotals: Labor Burden and costs



	13,725	686.225	1,372.5	$1,510,886.19

TOTAL LABOR BURDEN AND COST (rounded)





15,783.725

15,784.

    (rounded)                                                           
                                                            

$1,510,886.



Assumptions:

  a  We have assumed that there are approximately 150 respondents, with
no additional new or reconstructed sources becoming subject to the rule
over the next three years.

  b  This ICR uses the following labor rates:  $119.36 per hour for
Executive, Administrative, and Managerial labor; $99.18 per hour for
Technical labor, and $49.35 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, March 2011, Table 2. Civilian Workers, by Occupational and
Industry groups.  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.

c  We have assumed that it will take one hour for each respondent to
read instructions.

d  We have assumed that it will take 146 hours for each respondent to
perform the relative active tests once per year.

e  We have assumed that it will take 160 hours for each respondent to
perform CEMS audits twice per year.

f  We have assumed that it will take two hour for each respondent to
write reports once per year. 

g  We have assumed that it will take  two hours for each  respondent to
write semiannual emissions reports twice per year,.

h  We have assumed that each respondent will take 0.25 hours 350 days
per year to enter records of operating parameters.

Table 2:  Average Annual EPA Burden - NSPS for Petroleum Refineries (40
CFR Part 60, Subpart J) (Renewal)

Activity	(A)

EPA person- hours per occurrence	(B)

No. of occurrences per plant per year	(C)

EPA person- hours per plant per year

(C=AxB)	(D)

Plants per year  a	(E)

Technical person- hours per year

(E=CxD)	(F)

Management person-hours per year

(Ex0.05)

	(G)

Clerical person-hours per year

(Ex0.1)	(H)

Cost, $ b

1.  Review reports









Notification of construction/

reconstruction c     	0.5	1	0.5	0	0	0	0	$0

 Notification of performance test d	0.5	1	0.5	0	0	0	0	$0

Semiannual emission reports e	1.5	2	3	150	450	2.5	45	$0

Subtotals Labor Burden and cost



	450	2.5	45	$22,075.62

TOTAL ANNUAL BURDEN AND COST (rounded)	

	

	

	

	497.5

497 (rounded)	$22,076



Assumptions:

a  We have assumed that there are approximately 150 respondents, with no
additional new or reconstructed sources becoming subject to the rule
over the next 

three years.

b  This cost is based on the following hourly labor rates times a 1.6
benefits multiplication factor to account for government overhead
expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21
for Technical (GS-12, Step 1, $28.88 x 1.6) and $25.01 Clerical (GS-6,
Step 3, $15.63 1.6).  These rates are from the Office of Personnel
Management (OPM) (2011 General Schedule( which excludes locality rates
of pay.

c  We have assumed that it will take 0.5 hours once a year for each
respondent to review report.

d  We have assumed that it will take 0.5 hours once a year for each
respondent to review performance test report.

e  We have assumed that it will take 1.5 hours, twice per year, for each
respondent to review the excess emission reports.

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