[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)] [Notices] [Pages 11675-11677] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-6093] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5976-1] Agency Information Collection Activities: Proposed Collection; Comment Request; Information Collection Request Reinstatement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit the following continuing Information Collection Request (ICR) reinstatement to the Office of Management and Budget (OMB): National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries (OMB Control Number 2060-0340; EPA ICR Number 1692.03) which expired July 31, 1996. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before May 11, 1998. ADDRESSES: Comments should be submitted in duplicate to the attention of Air Docket No. A-93-48 at: U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460. The Air and Radiation Docket and Information Center is located in Room M-1500, Waterside Mall (Ground Floor), U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460. Dockets may be inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday. A reasonable fee may be charged for copying docket materials. Copies of the complete ICR and accompanying appendices may be obtained from the Air and Radiation Docket at the above address or by contacting Ms. JoLynn Collins, telephone number: (919) 541-5671, facsimile number: (919) 541-0246, E-mail number: [email protected]. Electronic copies of the ICR are available from the EPA Public Access gopher (gopher.epa.gov) at the Environmental Sub-set entry for this document under ``Rules and Regulations.'' FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-5672, facsimile number: (919) 541-0246, E-mail number: [email protected]. SUPPLEMENTARY INFORMATION: Electronic Submission of Comments: Electronic comments can be sent directly to EPA at: A-and-R- [email protected]. Electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Comments and data will also be accepted on disks in WordPerfect 6.1 file format or ASCII file format. All comments and data in electronic form must be identified by the docket number A-93-48. Electronic comments on this proposed rule may be filed online at many Federal Depository Libraries. Affected entities: Entities affected by this action are those which own or operate petroleum refineries that emit hazardous air pollutants (HAP's) from process vents, storage vessels, wastewater streams and equipment leaks within new or existing petroleum refineries. Title: National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries--Reinstatement. (OMB No. 2060-0340; EPA ICR Number 1692.03) expired 7/31/96. Abstract: On August 18, 1995, EPA promulgated a regulation under section 112 of the Clean Air Act (Act) for [[Page 11676]] petroleum refineries that emit HAP's. This regulation was published in 60 FR 43244, August 18, 1995, and is codified at 40 CFR 63, subpart CC. In the preamble to the promulgated regulation, it was stated that EPA would continue to work with the petroleum industry as well as other interested parties to identify opportunities for reduction in the monitoring, recordkeeping, and reporting burden of the rule. The EPA has received and reviewed suggestions for revisions to monitoring, recordkeeping, and reporting requirements. Revisions that EPA determined will reduce burden without altering the stringency of the rule or the ability for it to be enforced have been made. This effort was undertaken to ensure that the information being requested is the minimal information necessary to demonstrate that compliance with subpart CC has been achieved. The information being requested includes a one-time report of start of construction, anticipated and actual start-up dates, and physical or operational changes to existing facilities; notification of compliance status reports; periodic reports; and event triggered (e.g., notification of installation of a new control device or reconstruction of an existing control device, notification of an intent to perform a performance test) reports. The periodic reports provide information on monitored control device parameters when they are outside of established ranges and on instances where inspections revealed problems. Records (e.g., parameter monitoring data, records of annual storage vessel inspections) are required to be maintained on-site for a minimum of 5 years. Effective enforcement of the standards is necessary due to the hazardous nature of benzene (a known human carcinogen) and the other HAP's emitted from petroleum refineries. The required records and reports are necessary: (1) To enable EPA to identify new and existing sources subject to the standards, and (2) to assist EPA and State agencies to which enforcement has been delegated in determining compliance with the standards. The EPA uses the reports to identify facilities that may not be in compliance with the standards. Based on reported information, EPA can decide which facilities should be inspected and what records or specific emission sources should be inspected at each facility. The required records also provide an indication as to whether facility personnel are operating and maintaining control equipment properly. Section 114 of the Act allows EPA to require inspections, monitoring, recordkeeping, and reporting to ensure compliance with a section 112 emission standard. Section 114(a)(1) specifically states: The Administrator may require any person who owns or operates any emission source . . . who is subject to the provisions of this Act on a one-time, periodic, or continuous basis to-- 1. establish and maintain such records; 2. make such reports; 3. install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; 4. sample such emissions; 5. keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; 6. submit compliance certifications in accordance with section 114(a)(3); and 7. provide such other information as the Administrator may reasonably require. In order to retain effective enforcement (section 114 of the Act) of the petroleum refinery NESHAP (section 112 of the Act) response to this information collection is mandatory. The ICR reinstatement does not include any burden for third-party or public disclosures not previously reviewed and approved by OMB. Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40 Chapter 1, Part 2, Subpart B-- Confidentiality of Business Information (see 40 CFR part 2; 40 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978, 44 FR 17674, March 23, 1979). An 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. The OMB control numbers for EPA's regulations are listed in 40 CFR parts 9 and 48, CFR Chapter 15. The EPA would like to solicit comments to: 1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; 2. Reevaluate the accuracy of the agency's estimate of the burden of the proposed collection of information and the burden reduction associated with revisions to recordkeeping and reporting requirements, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Burden Statement: The total burden hours associated with this collection for all respondents have decreased by 120 thousand hours from the current ICR estimate of 608 thousand total hours per year to 488 thousand total hours per year. This change reflects a decrease in technical hours because of a reduction in technical hours needed for the following: 1. Gathering information, monitoring and inspecting; 2. Processing, compiling, and reviewing information; 3. Completing reports; and 4. Recording and disclosing information. However, the annual burden cost associated with this collection has increased from the current ICR estimate of 19.5 million total dollars per year to 20.5 million total dollars per year due to the use of higher, but more accurate, labor rates. The total estimated and annualized Operations and Maintenance costs are $570,000, which represents service costs for contractors conducting testing. The total annual respondent burden for this ICR is estimated to be 488 thousand hours. The number of respondents is estimated to be 165. On average, each respondent would submit 2 responses per year. The average burden per respondent is 3 thousand hours per year for this ICR. Note that this estimate includes the annual recordkeeping burden associated with the NESHAP. Statistical methods are not used in this data collection because this data collection targets a specific, defined industry subject to the petroleum refineries NESHAP. This collection of information is required to demonstrate compliance with the petroleum refineries NESHAP, therefore, the use of information technology is not appropriate. 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 collection, 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 [[Page 11677]] to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Dated: February 12, 1998. Henry Thomas, Acting Director, Office Of Air Quality Planning and Standards. [FR Doc. 98-6093 Filed 3-9-98; 8:45 am] BILLING CODE 6560-50-P