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

OMB Control No: 2060-0022	ICR Reference No: 202109-2060-001
Status: Active	Previous ICR Reference No: 201811-2060-003
Agency/Subagency: EPA/OAR	Agency Tracking No: 1054.14
Title: NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/08/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/07/2021
Terms of Clearance: Upon renewal of this collection, OMB requests that EPA submit the following as supplemental documents: the regulatory text that includes the ICR; the regulatory text that includes the submission instructions; and any screen shots of the electronic portal where the reporting requirements are submitted online to EPA. Please discuss in more detail how each piece of information is submitted, either electronically or in hard copy, and what information is permitted to be submitted in electronic format. Please include the OMB burden statement on the electronic portal. Finally, please also update to the standard 18 question SS-A format upon renewal.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2024	36 Months From Approved	12/31/2021
Responses	260	0	298
Time Burden (Hours)	13,800	0	15,800
Cost Burden (Dollars)	809,000	0	826,000

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Abstract: The New Source Performance Standards (NSPS) for Petroleum Refineries were proposed on June 11, 1973, promulgated on March 8, 1974, and amended on both September 12, 2012 and December 1, 2015. The 2015 amendment finalized technical clarifications to improve consistency and clarity and to address issues related to a 2008 industry petition for reconsideration. The 2012 amendment allowed the option for affected sources to comply with Subpart J by following the applicable provisions in the NSPS Subpart Ja rule. The affected sources are: 1) fluid catalytic cracking unit (FCCU) catalyst regenerator or fuel gas combustion device (FGCD) other than a flare that commenced construction, reconstruction or modification after June 11, 1973 and on/or before May 14, 2007; 2) FGCD that is also a flare that commenced construction, reconstruction or modification after June 11, 1973 and on/or before June 24, 2008; or 3) any Claus sulfur recovery plant with a design capacity of more than 20 long tons per day sulfur feed which commenced construction, reconstruction or modification after October 4, 1976 and on/or before May 14, 2007. 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 with 40 CFR Part 60, Subpart J.

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Authorizing Statute(s): US Code: 42 USC 7401 et seq. Name of Law: Clean Air Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 8634	02/08/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 50109	09/07/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name NSPS for Petroleum Refineries (40 CFR Part 60, Subpart J) (Renewal)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	260	298	0	0	-38	0
Annual Time Burden (Hours)	13,800	15,800	0	0	-2,000	0
Annual Cost Burden (Dollars)	809,000	826,000	0	0	-17,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is a decrease in burden from the most-recently approved ICR as currently identified in the OMB Inventory of Approved Burdens. This is due to a decrease in the number of respondents subject to Subpart J. The estimated number of respondents is based on EPAs Enforcement and Compliance History Online (ECHO) database, data collected per the Agencys industry analysis in its recent 2018 and 2020 rulemakings and confirmed through industry consultations. The regulations have not changed over the past three years and are not anticipated to change over the next three years. The growth rate for this industry is very low or non-existent. Since there are no changes in the regulatory requirements and there is no significant industry growth, there are no changes in the capital/startup costs. There is a decrease in operation and maintenance (O&M) costs due to a decrease in the number of respondents with these costs. O&M costs have been updated from 2005 to 2019 using the CEPCI Index.

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Annual Cost to Federal Government: $22,400

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Muntasir Ali 919 541-0833

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 09/07/2021

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