[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60107-60110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24424]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-0682; FRL-9207-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Information Collection Request for Petroleum Refinery 
Sector New Source Performance Standards (NSPS) and National Emission 
Standards for Hazardous Air Pollutants (NESHAP) Residual Risk and 
Technology Review; EPA ICR No. 2411.01, OMB Control No. 2060--NEW

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act, this action 
announces that EPA is planning to submit a new Information Collection 
Request to the Office of Management and Budget. Before submitting the 
Information Collection Request to the Office of Management and Budget 
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 November 29, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0682, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Phone: (202) 566-1742.
     Fax: (202) 566-9744.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
     Hand Delivery: Air and Radiation Docket and Information 
Center, Environmental Protection Agency, Room 3334, EPA West Building, 
1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0682. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Mr. Bob Lucas, Sector Policies and 
Programs Division (E143-01), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, NC 
27711; telephone number: (919) 541-0884; fax number: (919) 541-0246; e-
mail address: [email protected]; or Ms. Brenda Shine, Sector Policies 
and Programs Division (E143-01), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, NC 
27711; telephone number: (919) 541-3608; fax number: (919) 541-0246; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this Information Collection 
Request (ICR) under Docket ID No. EPA-HQ-OAR-2010-0682, which is 
available for online viewing at www.regulations.gov, or in person 
viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 
The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone

[[Page 60108]]

number for the Reading Room is 202-566-1744, and the telephone number 
for the Air and Radiation Docket is 202-566-1742.
    Use www.regulations.gov 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. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What information is EPA particularly interested in?

    Pursuant to Paperwork Reduction Act (PRA) section 3506(c)(2)(A), 
EPA specifically solicits comments and information to enable it to:
    (i) 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;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) 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). In particular, EPA is requesting comments 
from small entities (small businesses primarily engaged in refining 
crude petroleum into refined petroleum as defined by North American 
Industry Classification System (NAICS) code 32411 whose parent company 
has no more than 1,500 employees) on examples of specific additional 
efforts that EPA could make to reduce the paperwork burden for small 
entities affected by this collection.

What information collection activity or ICR does this apply to?

    Affected entities: Respondents affected by this action are owners/
operators of petroleum refineries, all of which are expected to be 
major sources of hazardous air pollutants (HAP).\1\ Petroleum 
refineries are facilities engaged in refining and producing products 
made from crude oil or unfinished petroleum derivatives. Based on the 
Energy Information Administration's Refinery Capacity Report 2009, 
there are 152 operable petroleum refineries in the United States (U.S.) 
and the U.S. territories. We are aware that some refineries have 
integrated operations between two nearby, but non-contiguous, 
locations. Therefore, the questionnaire asks the refining companies to 
identify their refineries according to the definition of ``facility'' 
in the Clean Air Act (CAA), which could result in more than 152 
responses. Petroleum refineries are located in 35 States, as well as 
Puerto Rico and the U.S. Virgin Islands. Texas, Louisiana, and 
California are the States with the most petroleum refining capacity. 
The NAICS code for respondents affected by the information collection 
is 32411.
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    \1\ As defined in 40 CFR 63.2, ``Major source'' means any 
stationary source or group of stationary sources located within a 
contiguous area and under common control that emits or has the 
potential to emit considering controls, in the aggregate, 10 tons 
per year or more of any hazardous air pollutant or 25 tons per year 
or more of any combination of hazardous air pollutants, unless the 
Administrator establishes a lesser quantity, or in the case of 
radionuclides, different criteria from those specified in this 
sentence.
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    Title: Information Collection Request for Petroleum Refinery Sector 
New Source Performance Standards (NSPS) and National Emission Standards 
for Hazardous Air Pollutants (NESHAP) Residual Risk and Technology 
Review.
    ICR numbers: EPA ICR No. 2411.01, OMB Control No. 2060-NEW.
    ICR status: This ICR is for a new information collection activity. 
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 Office of Management and Budget (OMB) control number. The OMB 
control numbers for EPA's regulations in title 40 of the Code of 
Federal Regulations (CFR), after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, and are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: On March 8, 1974, the EPA issued Standards of Performance 
for Petroleum Refineries (40 CFR part 60, subpart J) under section 111 
of the CAA. On August 18, 1995, the EPA issued NESHAP for petroleum 
refineries (40 CFR part 63, subpart CC) under section 112 of the CAA. 
On April 11, 2002, the EPA issued NESHAP for catalytic cracking units, 
catalytic reforming units, and sulfur recovery units at petroleum 
refineries (40 CFR part 63, subpart UUU) under section 112 of the CAA. 
This ICR is being conducted by EPA's Office of Air and Radiation to 
assist the EPA Administrator in determining the current affected 
population of petroleum refining processes and the emissions from those 
processes in order to evaluate whether to revise the existing emissions 
standards pursuant to sections 111(b), 112(d), and 112(f)(6) of the 
CAA.
    Section 111(b)(1)(B) of the CAA mandates that EPA review and, if 
appropriate, revise existing NSPS every 8 years. The Standards of 
Performance for Petroleum Refineries were reviewed in 2008, and EPA 
promulgated amendments to the existing standards of performance and 
developed separate standards of performance for new process units (40 
CFR part 60, subpart Ja). However, the Agency received and granted a 
number of petitions for reconsideration related to those standards. 
Similarly, section 112(f)(2) of the CAA directs EPA to conduct risk 
assessments on each source category subject to maximum achievable 
control technology (MACT) standards and determine if additional 
standards are needed to reduce residual risks. The CAA section 
112(f)(2) residual risk review is to be done once, within 8 years of 
promulgation of the MACT standard. Section 112(d)(6) of the CAA 
requires EPA to review and revise the MACT standards, as necessary, 
taking into account developments in practices, processes, and control 
technologies. The CAA section 112(d)(6) technology review is to be done 
every 8 years.
    The proposed ICR has two components: (1) A questionnaire to be 
completed by all 152 petroleum refineries, and (2) emissions testing to 
be performed for 92 selected emissions sources. To obtain the 
information necessary to identify and categorize all units potentially 
affected by any future revision to a standard, the first component of 
this ICR will solicit information from all potentially affected units 
in the format of an electronic survey under authority of section 114 of 
the CAA. This survey will include questions about the facility and 
individual emissions sources, and will ask the owners/operators to 
develop and provide an emissions inventory, submit cost data, provide 
copies of recent emissions test reports and continuous emission 
monitoring system (CEMS)/continuous monitoring system (CMS) data, and 
conduct crude oil sampling and analysis. As previously noted, all 
refineries are major sources of HAP, so the survey will be submitted to 
all facilities listed in the Energy Information Administration's 
Refinery

[[Page 60109]]

Capacity Report 2009. The second component will consist of requiring 
emissions testing, again pursuant to the authority of section 114 of 
the CAA. A total of 92 individual emission sources will be selected for 
testing, and the owners and operators of each emission source will be 
notified of the requirement to test that source in accordance with an 
EPA-approved testing protocol.
    By conducting the CAA-required reviews of both 40 CFR part 63, 
subparts CC and UUU, and addressing a number of the issues on 
reconsideration of 40 CFR part 60, subpart J/Ja all at the same time, 
EPA can make use of a single collection of information to consider 
control strategies that are the most effective for HAP, which are 
regulated under CAA section 112, and criteria air pollutants (such as 
particulate matter, sulfur dioxide, and nitrogen oxide), which are 
regulated under CAA section 111, and consider if additional amendments 
are appropriate to the CAA section 111 standards in light of this 
information and interaction with the CAA section 112 standards. The 
data would also allow EPA to evaluate compliance options for startup 
and shutdown periods, and consider ways to consolidate monitoring, 
reporting and recordkeeping requirements among the different rules 
under review. The data may also help EPA conduct reviews of other rules 
specific to petroleum refineries, including Standards of Performance 
for Equipment Leaks of VOC in Petroleum Refineries (40 CFR part 60, 
subpart GGG), Standards of Performance for VOC Emissions from Petroleum 
Refinery Wastewater Systems (40 CFR part 60, subpart QQQ), and National 
Emission Standard for Benzene Waste Operations (40 CFR part 61, subpart 
FF).
    This one-time collection will solicit information under authority 
of CAA section 114. The EPA intends to provide the survey in electronic 
format. The survey will be sent to all facilities identified as 
petroleum refineries through information available to the Agency. EPA 
envisions allowing recipients 90 days to respond to the survey and 6 
months to complete emissions testing, if required. Non-confidential 
information from this ICR will be made available to the public. EPA 
estimates the total cost of the information collection (for 152 
respondents) will be 47,000 hours and $23 million, which includes $912 
in operation and maintenance (O&M) costs for postage for mailing hard 
copy test reports and confidential survey responses to EPA.
    The data collected will be used to update facility and emissions 
source information, develop new estimates of the population of affected 
units, and identify the control measures and alternative emission 
limits being used for compliance with the existing rules that are under 
review. This information, along with existing emission limits, will be 
used to establish a baseline for purposes of the regulatory reviews. 
The emissions test data (test reports, CEMS data, and CMS data) 
collected will be used to verify the performance of existing control 
measures, examine variability in emissions, evaluate emission limits, 
determine the performance of the most effective control measures 
considered for purposes of reducing residual risk, and provide a basis 
for estimating nationwide emissions from emissions sources for which 
EPA has little information. Emissions data will also be used, along 
with process and emission unit details, to consider options for best 
demonstrated technology under the NSPS review, consider subcategories 
for further regulation, and estimate the environmental and cost impacts 
associated with any regulatory options considered.
    The CAA requires sources subject to this collection of information 
to submit the information requested. All information submitted to EPA 
pursuant to this ICR for which a claim of confidentiality is made, is 
safeguarded according to Agency policies in 40 CFR part 2, subpart B. 
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. OMB control numbers for EPA's regulations are 
listed in 40 CFR part 9.
    The EPA would like to solicit comments to:
    (i) 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;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the methodology 
and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) 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 projected cost and hour burden for industry 
for this one-time collection of information is $23 million and 47,000 
hours. This burden is based on an estimated 152 respondents to the 
survey. This ICR does not include any requirements that would cause the 
respondents to incur either capital or start-up costs. The O&M costs of 
$912 are estimated for postage to mail hard copy test reports and 
confidential survey responses to EPA.
    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 use 
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 
which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here.
    Estimated total number of potential respondents: 152 facilities.
    Frequency of response: One time.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 47,000.
    Estimated total annual burden costs: $23 million. This includes an 
estimated burden cost of $7.8 million for the electronic survey 
component and an estimated cost of $15 million for the stack testing 
component.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.


[[Page 60110]]


    Dated: September 10, 2010.
Peter Tsirigotis,
Director, Sector Policies and Programs Division.
[FR Doc. 2010-24424 Filed 9-28-10; 8:45 am]
BILLING CODE 6560-50-P