[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Pages 18022-18023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08509]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0228; FRL--9992-12-OMS]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; NSPS for Petroleum Refineries for Which 
Construction, Reconstruction, or Modification Commenced After May 14, 
2007 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), NSPS for Petroleum Refineries for 
which Construction, Reconstruction, or Modification Commenced after May 
14, 2007 (EPA ICR No. 2263.06, OMB Control No. 2060-0602), to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. This is a proposed 
extension of the ICR, which is currently approved through April 30, 
2019. Public comments were previously requested, via the Federal 
Register, on May 31, 2018 during a 60-day comment period. This notice 
allows for an additional 30 days for public comments. A fuller 
description of the ICR is given below, including its estimated burden 
and cost to the public. An agency may neither conduct nor sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before May 29, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2011-0228, to: (1) EPA online using www.regulations.gov (our 
preferred method), or by email to [email protected], or by mail to: 
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email 
to [email protected]. Address comments to OMB Desk Officer 
for EPA.
    EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI), or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring, 
Assistance, and Media Programs Division, Office of Compliance, Mail 
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460; telephone number: (202) 564-2970; fax number: 
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in 
detail the information that the EPA will be collecting, are available 
in the public docket for this ICR. The docket can be viewed online at 
www.regulations.gov, or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS), for which 
Construction, Re-construction, or Modification Commenced after May 14, 
2007 (40 CFR part 60, subpart Ja) apply to the following affected 
facilities in petroleum refineries: Fluid catalytic cracking units 
(FCCU), fluid coking units (FCU), delayed coking units, fuel gas 
combustion devices (FGCD), process heaters, flares and sulfur recovery 
plants. Except for flares, these regulations apply to affected 
facilities at existing and new petroleum refineries that are 
constructed, reconstructed, or modified after May 14, 2007. The 
provisions of this subpart apply to flares which commence construction, 
modification or reconstruction after June 24, 2008. 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 Ja.
    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, 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.
    Form Numbers: None.
    Respondents/affected entities: Petroleum refineries constructed, 
reconstructed, or modified after May 14, 2007.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart Ja).
    Estimated number of respondents: 150 (total).
    Frequency of response: Initially and semiannually.
    Total estimated burden: 355,000 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $143,000,000 (per year), which includes 
$102,000,000 in annualized capital/startup and/or operation & 
maintenance costs.
    Changes in the Estimates: The adjustment increase in burden from 
the most recently-approved ICR is due to an increase in the estimates 
for the number of existing facilities located at petroleum refineries 
that become subject to the requirements of Subpart Ja because they are 
newly constructed, reconstructed or modified. The previous ICR renewal 
estimated that approximately 54 facilities with 2 CEMS each would 
become affected facilities subject to the rule each year. In this 
renewal ICR, that estimate has been increased to 100 facilities with 3 
CEMS/CPMS each. The increase in burden is

[[Page 18023]]

due to an increase in the estimates for the number of new, 
reconstructed, or modified facilities that are required to conduct 
initial performance tests on the equipment and the emissions and 
parameter monitors (CEMS and CPMS). For each startup and test of new, 
modified, or reconstructed equipment, there are numerous notifications 
and reports that must be submitted and reviewed. The adjustment 
increase in burden also reflects an increase in the number of CEMS and 
CPMS monitors on existing affected facilities that require routine 
performance audits (Relative Accuracy Audits or Cylinder Gas Audits) 
and relative accuracy testing; these costs were not included in the 
prior ICR.
    The increase in burden also reflects an increase in the estimates 
for the costs of new equipment and the required CEMS/CPMS monitors. The 
previous ICR renewal did not include the capital/startup costs for new, 
modified, or reconstructed equipment/process lines. This ICR estimates 
that, out of 100 facilities per year that become subject to the rule 
due to construction, modification, or reconstruction, 50 of these 
affected facilities per year will incur significant capital/startup 
costs.
    The increase in capital and O&M costs from the most recently 
approved ICR also reflects an increase in the estimates for the number 
of existing facilities located at petroleum refineries that are already 
subject to the requirements of Subpart Ja. The O&M costs for the CEMS 
and CPMS monitors on these existing facilities (280 flares and 600 
other process units) were not accounted for in the prior ICR and are 
significant. The estimates of O&M costs for CEMS monitors have also 
been increased from approximately $15,000 per year to $25,000 per year 
based on comments provided by industry.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-08509 Filed 4-26-19; 8:45 am]
 BILLING CODE 6560-50-P


