2029ss09

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal), EPA ICR Number 2029.09, OMB Control Number 2060-0520.

1(b) Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing and Asphalt Roofing Manufacturing were proposed on November 21, 2001 (66 FR 58609); promulgated on May 7, 2003 (68 FR 24561); and most-recently on amended on both March 12, 2020 (85 FR 14526) and November 19, 2020 (85 FR 73854)¹. These regulations apply to both existing facilities and new facilities that manufacture asphalt roofing products or oxidized asphalt that are major sources of hazardous air pollutants (HAPs) or are collocated at major sources. New facilities include those that commenced construction or reconstruction after the date of the original proposal (November 21, 2001). This information is being collected to assure compliance with 40 CFR Part 63, Subpart LLLLL. This ICR merges the burden(s) from EPA ICR Number 2029.08 and EPA ICR No. 2598.02 (OMB No. 2060-0724), the final ICR from the March 12, 2020 final rule.

In general, all NESHAP 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 deviation from an emission limitation (either an emission limit, operating limit, opacity limit, and visible emission limit, or an equipment or work practice standard), 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 NESHAP.

Any owner/operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports required to be submitted electronically are submitted through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI), where the delegated state or local authority can review them. In the event that there is no such delegated authority, the EPA regional office can review them. All other reports are sent to the delegated state or local authority. If there is no such delegated authority, the reports are sent directly to the EPA regional offices. The use of the term "Designated Administrator" throughout this document refers to the U.S. EPA or a delegated authority, such as a state agency. The term "Administrator" alone refers to the U.S. EPA Administrator. 

The “Affected Public” includes owners and operators of major source asphalt processing or asphalt roofing manufacturing facilities. The ‘burden’ to the Affected Public may be found in Table 1: Annual Respondent Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal). The ‘burden’ to the Federal Government is attributed entirely to work performed by either Federal employees or government contractors and may be found below in Table 2: Average Annual EPA Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal). All of these facilities are privately-owned, for-profit businesses. None of the facilities in the United States are owned by either state, local, or tribal entities or the Federal government. We assume that they will all respond to EPA inquiries.

Based on our consultations with industry representatives, there are an average of eight affected facilities at each plant site and each plant site has only one respondent (i.e., the owner/operator of the plant site).

Over the next three years, approximately eight existing respondents per year will be subject to these standards, and no additional new respondents per year will become subject to these same standards. Four of the 8 major facilities are strictly asphalt processing facilities, and the other four operate an asphalt processing facility collocated with an asphalt roofing manufacturing facility.

The Office of Management and Budget (OMB) approved the currently-active ICR without any “Terms of Clearance.”

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The EPA is charged under Section 112 of the Clean Air Act, as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants. These standards are applicable to new or existing sources of hazardous air pollutants and shall require the maximum degree of emission reduction. In addition, section 114(a) states that the Administrator may require any owner/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, hazardous air pollutant emissions from asphalt processing or asphalt roofing manufacturing facilities either cause or contribute to air pollution that may reasonably be anticipated to endanger public health and/or welfare. Therefore, the NESHAP were promulgated for this source category at 40 CFR Part 63, Subpart LLLLL.

2(b) Practical Utility/Users of the Data

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

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

Additionally, the EPA is requiring electronic reporting for certain notifications or reports. The EPA is requiring that owners or operators of affected sources would submit electronic copies of initial notifications required in 40 CFR 63.9(b), notifications of change in information already provided in 40 CFR 63.9(j), notifications of compliance status required in 40 CFR 63.8692(e), performance test reports required in 40 CFR 63.8693(f), results of performance evaluations required in 40 CFR 63. 63.8693(g), and semiannual compliance reports required in 40 CFR 63.8693(c) through the EPA's Central Data Exchange (CDX), using the Compliance and Emissions Data Reporting Interface (CEDRI). For semiannual compliance reports, EPA has developed a template for the reporting form in CEDRI specifically for 40 CFR Part 63, Subpart LLLLL. For the notifications required in 40 CFR 63.9(b) and 63.9(j) and 40 CFR 63.8692(e), owners and operators would be required to upload a PDF of the required notifications.

CEDRI includes the Electronic Reporting Tool (ERT) software, which is used by facilities to generate electronic reports of performance tests and results of the performance evaluations. EPA is also requiring that 40 CFR Part 63, Subpart LLLLL performance test reports and performance evaluations be submitted through the EPA’s ERT.

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

The requested recordkeeping and reporting are required under 40 CFR Part 63, Subpart LLLLL.

3(a) Non-duplication

For reports required to be submitted electronically, the information is sent through the EPA's CDX, using CEDRI, where the appropriate EPA regional office can review it, as well as state and local agencies that have been delegated authority. If a state or local agency has adopted under its own authority its own standards for reporting or data collection, adherence to those non-Federal requirements does not constitute duplication. 

For all other reports, 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 its own 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, duplication does not exist. 

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 (86 FR 19256) on April 13, 2021. No comments were received on the burden published in the Federal Register for this renewal.

3(c) Consultations

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in these standards, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. Information on the number of sources was also obtained during the EPA’s recent Risk and Technology Review for this source category The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately eight respondents will be subject to these standards over the three-year period covered by this ICR.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with these standards as they were being developed and these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted both the Asphalt Roofing Manufacturers Association, at (443) 640-1075, and American Petroleum Institute, at (202) 682-8000.

It is our policy to respond after a thorough review of comments received since the last ICR renewal, as well as for those submitted in response to the first Federal Register notice. In this case, no comments were received.

3(d) Effects of Less-Frequent Collection

Less-frequent information collection would decrease the margin of assurance that facilities are continuing to meet these 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 same 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 these standards. The 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 EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. The EPA has found that the most-flagrant violators have violations extending beyond five years. In addition, EPA would be prevented from pursuing the violators due to either 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 these standards 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 or operators of asphalt processing or asphalt roofing manufacturing facilities. The United States Standard Industrial Classification (SIC) codes and the corresponding North American Industry Classification System (NAICS) codes for the respondents affected by these standards are listed in the table below:

Standard (40 CFR Part 63, Subpart LLLLL)	SIC Codes	NAICS Codes
Asphalt Shingle and Coating Materials Manufacturing	2952	324122
Petroleum Refineries	2911	324110

4(b) Information Requested

(i) Data Items

In this ICR, all the data that are recorded or reported is required by the NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL).

A source must make the following reports:

Notifications
Initial notification requirements	§63.9(b), §§63.8692(b)-(c)
Request for an extension of compliance with relevant standard	§63.9(c), §63.8692(a)
Notification that source is subject to special compliance requirements, if applicable	§63.9(d), §63.8692(a)
Notification of initial and periodic performance test	§63.7(b), §63.9(e), §63.9(h), §63.8692(a), §63.8692(d)
Notification of opacity and visible emission observations	§63.9(f), §63.8692(a)
Notification of compliance status (electronic submittal)	§63.9(h), §63.8692(e)
Reschedule of performance test	§63.7(b)(2)
Initial notifications for an area source reclassifying to major source (electronic submittal)	§63.9(b), §63.8692(a)
Notification of change in information already provided for major source to area source reclassification (electronic submittal)	§63.9(j)
Electronic reporting procedures for notifications	§63.9(k)

Reports
Application for approval of the construction or reconstruction of a new major affected source, or reconstruction of a major affected source	§63.5(d)
Initial and periodic performance test results (electronic submission)	§63.10(d)(2), §63.8693(f)
Reports of opacity or visible emission observations.	§63.10(d)(3)
Progress reports for compliance extension (if applicable)	§63.10(d)(4), §63.6(i)
Semiannual compliance reports (electronic submission)	§§63.8693(b)-(c)
Reports of deviations from an emission limit	§§63.8693(d)-(e)
Reports of CMS performance evaluation (electronic submission)	§63.10(e), §63.8693(g)
Submit reports electronically via CEDRI	§63.8693(b)(6)

A source must keep the following records:

Recordkeeping
All reports and notifications	§63.10(b)(1), §63.10(b)(2), §63.8694(a)(1)
Records of maintenance of air pollution control equipment	§63.10(b)(2)(iii)
Records of CMS malfunctions, calibration, and maintenance	§§63.10(b)(2)(vi), (x), (xi)
Records of performance tests, performance evaluations, and opacity and visible emissions observations	§63.10(b)(2)(viii), §63.8694(a)(3), §63.8694(b), §63.6(h)(6)
Any applicability determination that demonstrates why owner or operator believes source is unaffected	§63.10(b)(3)
Records showing continuous compliance with emission limits	§63.8694(c)
Records submitted via CEDRI may be kept electronically	§63.8694(e)
Five-year retention of records	§63.10(b)(1), §63.8695(b)

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.

The rule was recently amended to include electronic reporting provisions on both March 12, 2020 (85 FR 14526) and November 19, 2020 (85 FR 73854). Respondents are required to use the EPA’s Electronic Reporting Tool (ERT) to develop performance test reports and performance evaluations and submit them through the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The ERT is an application, rather than a form, and the requirement to use the ERT is applicable to numerous subparts. The splash screen of the ERT contains a link to the Paperwork Reduction Act (PRA) requirements, such as the OMB Control Number, expiration date, and burden estimate for this and other subparts. Respondents are also required to submit electronic copies of notifications and certain reports through EPA’s CEDRI. The notification is an upload of their currently required notification in portable document format (PDF) file. The semiannual compliance reports are to be created using Form 5900-567, the electronic template included with this Supporting Statement. The template is an Excel spreadsheet which can be partially completed and saved for subsequent semiannual reports to limit some of the repetitive data entry. It reflects the reporting elements required by the rule and does not impose additional reporting elements. The OMB Control Number is displayed on the Welcome page of the template, with a link to an online repository that contains the PRA requirements. For purposes of this ICR, it is assumed that there is no additional burden associated with the proposed requirement for respondents to submit the notifications and reports electronically.

Electronic copies of records may also be maintained in order to satisfy federal recordkeeping requirements. For additional information on the Paperwork Reduction Act requirements for CEDRI and ERT for this rule, see: https://www.epa.gov/electronic-reporting-air-emissions/paperwork-reduction-act-pra-cedri-and-ert.

(ii) Respondent Activities

Respondent Activities

Familiarization with the regulatory requirements.

Install, calibrate, maintain, and operate CMS for opacity, pressure drop, liquid supply pressure, inlet temperature, oxidizer chamber temperature, and voltage for control devices.

Perform initial performance test, Reference Method 1 or 1A, 2, 2A, 2C, 2D, 2F, or 2G, 3, 3A, 3B, 4, 5A, 9, 10, 22, 25A, and ASTM D7520-16 test, 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 collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for disclosing and providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities

The EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information:

Agency Activities

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Enforcement and Compliance History Online (ECHO) and ICIS.

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 operated. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standards and 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 reported by state and local governments in the ICIS Air database, which is operated and maintained by EPA's Office of Compliance. ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. The EPA uses ICIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. The EPA and its delegated authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for five years.

5(c) Small Entity Flexibility

There are no small entities (i.e., small businesses) affected by this regulation. However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of these regulations. 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 at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (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. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The 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.

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 4,000 hours (Total Labor Hours from Table 1 below). These hours are based on Agency studies and background documents from the development of these regulations, Agency knowledge and experience with the NESHAP 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 $153.55 ($73.12 + 110%)

Technical $122.20 ($58.19 + 110%)

Clerical $61.51 ($29.29 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2021, “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 these subject standards 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 these regulations. The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) 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)	(B)	(C)	(D)	(E)	(F)	(G)
Continuous Monitoring Device	Capital/Startup Cost for One Respondent	Number of New Respondents a	Total Capital/ Startup Cost, (B X C)	Annual O&M Costs for One Respondent	Number of Respondents with O&M	Total O&M
Asphalt Roofing Manufacturing
PM control device - Testing b, c	$83,100	0	$0	$83,100	0.2	$16,620
Thermal oxidizer - Testing b, d	$55,000	0	$0	$55,000	0.2	$11,000
Opacity - Testing b, e	$1,500	0	$0	$1,500	0.2	$300
PM control device - Replace filters f		0	$0	$7,415	4	$29,662
Asphalt Processing
Thermal oxidizer - Testing b, g	$44,000	0	$0	$44,000	0.6	$26,400
Opacity - Testing b, e	$1,500	0	$0	$1,500	0.6	$900
Asphalt Roofing Manufacturing and Asphalt Processing
CPMS for control device(s) h	N/A	0	$0	N/A	0	$0
Total (rounded) i			$0			$84,900
a We assume no new sources will construct during the three-year period of this ICR.
b The rule requires periodic testing every 5 years. Based on a review of permit data collected during the recent RTR (2598.02, 85 FR 14526), 3 of the 4 asphalt roofing manufacturing facilities and 1 of the 4 asphalt processing facilities already perform all periodic performance testing under State Agency permits. Therefore, this ICR only includes the cost for the 4 remaining facilities not currently required to conduct periodic testing under State Agency permits (1 asphalt roofing manufacturing facility and 3 asphalt processing facilities). 1 asphalt roofing manufacturing facility tests once every five years (1/5=0.2 respondents/year). 3 asphalt processing facilities each test once every five years (3/5=0.6 respondents/year).
c We assume the contractor cost for PM control device performance testing using EPA Method 5A at an asphalt roofing manufacturing facility with 7 PM filters is $83,100, based on a cost of $16,500 for first filter and an add-on charge of $11,100 for each additional filter.
d We assume the contractor cost for total hydrocarbon (THC) performance testing of a thermal oxidizer using EPA Method 25A at an asphalt roofing manufacturing facility is $55,000.
e We assume the contractor cost for opacity testing using EPA Method 9 is $1,500.
f The ongoing cost for replacement filters and data collection system maintenance is $7,415. This value has been updated from year 2003 to year 2020 using the CEPCI Index.
g We assume the contractor cost for total hydrocarbon (THC) performance testing of a thermal oxidizer using EPA Method 25A at an asphalt processing facility is $44,000.
h EPA assumes that all facilities subject to the standard have or will obtain add-on control devices that are already equipped with continuous parameter monitoring equipment. This monitoring equipment is required not only for compliance purposes but also to operate the control equipment.
i Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

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 $84,900. 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 $84,900. These are the recordkeeping costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. The EPA's overall compliance and enforcement program includes such activities 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 $8,730.

This cost is based on the average hourly labor rate as follows:

Managerial $69.04 (GS-13, Step 5, $43.15 + 60%)

Technical $51.23 (GS-12, Step 1, $32.02 + 60%)

Clerical $27.73 (GS-6, Step 3, $17.33 + 60%)

These rates are from the Office of Personnel Management (OPM), 2021 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to Federal government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (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 8 existing respondents will be subject to these standards. It is estimated that no additional respondents per year will become subject to these same standards. The overall average number of respondents, as shown in the table below, is 8 per year.

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

Number of Respondents
	Respondents That Submit Reports		Respondents That Do Not Submit Any Reports
Year	(A) Number of New Respondents a	(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	8	0	0	8
2	0	8	0	0	8
3	0	8	0	0	8
Average	0	8	0	0	8

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

Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 8.

The total number of annual responses per year is calculated using the following table:

Total Annual Responses
(A)	(B)	(C)	(D)	(E)
Information Collection Activity	Number of Respondents	Number of Responses	Number of Existing Respondents That Keep Records But Do Not Submit Reports	Total Annual Responses
Notification of compliance status	0	1	0	0
Notification of intent to construct a major source and review application	0	1	0	0
Notification of initial construction/ reconstruction	0	1	0	0
Notification of actual startup	0	1	0	0
Notification of performance test and test plan	0	1	0	0
Report of performance test results	0	1	0	0
Notification of periodic performance test	1	1	0	1
Report of periodic performance test results	1	1	0	1
Report of semiannual compliance reports	8	2	0	16
			Total	18

The number of Total Annual Responses is 18.

The total annual labor costs are $473,000. Details regarding these estimates may be found at the end of this document in Table 1: Annual Respondent Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal).

6(e) Bottom Line 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 at the end of this document, respectively, and summarized below.

(i) Respondent Tally

The total annual labor hours are 4,000 hours. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.

Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 222 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $84,900. The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 175 labor hours at a cost of $8,730. See Table 2: Average Annual EPA Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal).

We assume that burdens for managerial tasks take 5% of the time required for technical tasks because the typical tasks for managers are to review and approve reports. Clerical burdens are assumed to take 10% of the time required for technical tasks because the typical duties of clerical staff are to proofread the reports, make copies and maintain records.

6(f) Reasons for Change in Burden

There is an increase in burden from the most-recently approved ICR as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. This ICR merges the ‘burden’ from both EPA ICR Number 2029.08 and EPA ICR No. 2598.02 (OMB No. 2060-0724), and from the ICR from the RTR amendments --finalized on March 12, 2020 at 85 FR 14526. The prior RTR amendments revised the rule to add periodic testing requirements which increased burden, and resulted in an increase in periodic testing costs and an increase in operation and maintenance (O&M) costs for control devices. The regulations are not anticipated to change over the next three years. The growth rate for this industry is very low or non-existent. There are no changes in the capital/startup costs as no new sources have been constructed. There is a slight increase in labor costs, which is wholly due to the use of updated labor rates. This ICR uses labor rates from the most-recent Bureau of Labor Statistics report (March 2021) to calculate respondent burden costs.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 222 hours per response. ‘Burden’ means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information either 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 neither conduct nor 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 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-OAR-2021-0103. An electronic version of the public docket is available at 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 contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then 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), WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. 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. Due to COVID-19 precautions, entry to the Reading Room is available by appointment only. Please contact personnel in the Reading Room to schedule an appointment. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the docket center is (202) 566-1752. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2021-0103 and OMB Control Number 2060-0520 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 – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal)

Burden Item	(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)
	Person‑Hours per occurrence	Number of occurrences per year	Person‑Hours per respondent per year (C=A*B)	Respondents per year a	Technical person‑hours per year (E=C*D)	Management person‑hours per year (F=E*0.05)	Clerical person‑hours per year (G=E*0.1)	Annual costs ($) b
1. Applications	N/A
2. Survey and Studies	N/A
3. Acquisition, Installation, and Utilization of Technology and Systems	N/A
4. Reporting Requirements
A. Familiarization with regulatory requirements
New Respondents	25	1	25	0	0	0	0	$0
Existing Respondents	1	1	1	8	8	0.4	0.8	$1,088.23
B. Required activities:
New Respondents c, d
i. Initial performance test	24	1	24	0	0	0	0	$0
ii. Repeat of initial performance test e	24	0.2	4.8	0	0	0	0	$0
Existing Respondents
i. Monitoring of operating parameters and equipment: f	Included in 5E
ii. Periodic 5-year performance testing g	24	1	24	1	24	1.2	2.4	$3,265
C. Gather Existing Information	Included in 5D, 5E
D. Write report c, d
i. Notification of compliance status	4	1	4	0	0	0	0	$0
ii. Notification of intent to construct a major source and review application	4	1	4	0	0	0	0	$0
iii. Notification of initial construction/ reconstruction a	4	1	4	0	0	0	0	$0
iv. Notification of actual startup	4	1	4	0	0	0	0	$0
v. Notification of performance test	4	1	4	0	0	0	0	$0
vi. Reports of performance test results	Included in 4B, 5E
vii. Notification of periodic 5-year performance test g	4	1	4	1	4	0.2	0.4	$544
viii. Reports of periodic 5-year performance test results g	Included in 4B, 5E
ix. Semiannual compliance reports d	12	2	24	8	192	9.6	19.2	$26,117.47
Subtotal for Reporting Requirements					262			$31,014
5. Recordkeeping Requirements
A. Read instructions	Included in 4A
B. Plan activities	10	1	10	0	0	0	0	$0
C. Implement activities	Included in 4B
D. Develop record system h	NA
E. Time to enter and transmit all information into record system
i. Record performance tests	4	1	4	0	0	0	0	$0
ii. Record of periodic performance tests g	4	1	4	1	4	0.2	0.4	$544
iii. Record operating parameters i	1	365	365	8	2,920	146	292	$397,203.22
iv. Record deviations j	2	1	2	1	2	0.1	0.2	$272.06
v. Continuous parameter monitoring calibration and maintenance i	4	5	20	8	160	8	16	$21,764.56
vi. Store, file, and maintain records	20	1	20	8	160	8	16	$21,764.56
F. Time to train personnel i	16	1	16	0	0	0	0	$0
G. Time for audits	N/A
Subtotal for Recordkeeping Requirements					3,733			$441,549
Total Labor Burden and Costs (rounded) k					4,000			$473,000
Total Capital and O&M Cost (rounded) k								$84,900
GRAND TOTAL (rounded) k								$558,000
Assumptions:
a There is an average of 8 existing respondents per year over the next three years of this ICR. In addition, we assume that no new facilities will become subject to this regulation during the three-year period of this ICR.
b This ICR uses the following labor rates: Managerial $153.55 ($73.12+ 110%); Technical $122.20 ($58.19 + 110%); and Clerical $61.51 ($29.29 + 110%). These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2021, “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.
c New respondents would have to comply with the initial rule requirements including notifications and performance tests for add-on control devices. There are no new respondents anticipated over the next three-year period of this ICR, therefore, there is no anticipated burden associated with these activities.
d We have assumed that the initial performance tests and reports are conducted by an emissions testing contractor, however, facility personnel will also work on-site to assist the contractor.
e We have assumed that 20 percent of new respondents will have to repeat the performance tests due to failure. Since there are no new respondents estimated, this requirement does not apply.
f Monitoring and recordkeeping of operations for respondents with add-on control devices include: 1) specific operating parameters for each control device established during the performance test, 2) deviations, and 3) work practices.
g The rule requires periodic testing every 5 years. Based on a review of permit data collected during the recent RTR (2598.02, 85 FR 14526), 3 of the 4 asphalt roofing manufacturing facilities and 1 of the 4 asphalt processing facilities already perform all periodic performance testing under State Agency permits. Therefore, this ICR only includes the cost for the 4 remaining facilities not currently required to conduct periodic testing under State Agency permits (1 asphalt roofing manufacturing facility and 3 asphalt processing facilities). We assume that 20 percent of respondents will repeat the performance tests due to failure. (4 respondents test once every five years (4/5=0.8), plus 20% retest (0.8*1.2 = 1 respondent/year, rounded)). Therefore, this testing occurs for one respondent each year. We assume that the testing and reporting are conducted by an emissions testing contractor, and facility personnel will work on-site to assist the contractor. We assume 4 asphalt roofing manufacturing facilities would conduct an EPA Method 5A test of the PM control device, an EPA Method 25A test of the thermal oxidizer, and an EPA Method 9 opacity test; and 4 asphalt processing facilities would conduct an EPA Method 25A test of the thermal oxidizer and an EPA Method 9 opacity test.
h We have assumed that new respondents already have the technology and recordkeeping systems in place to monitor its daily operations and to comply with existing regulations.
i We have assumed that it takes respondents the following approximate times to meet recordkeeping requirements: 1) one hour per day for recording operating parameters, 365 days per year; 2) four hours to calibrate and provide maintenance to continuous parameter monitors, five times per year; and 3) and 16 hours per year to train new employees on add-on control devices, continuous parameter monitoring technology, and requirements.
j We assume 15% of sources will have a deviation from an emission limitation. (8*0.15=1.2, rounded to 1)
k Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2: Average Annual EPA Burden and Cost – NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR Part 63, Subpart LLLLL) (Renewal)

Burden Item	(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)
	Person-hours per occurrence	No. Of occurrences per respondent per year	Person-hours per respondent per year (C=AxB)	Respondents per year a	Technical person-hours per year (E=CxD)	Management person-hours per year (Ex0.05)	Clerical person-hours per year (Ex0.1)	Cost, $ b
New Respondents: c
i. Notification of compliance status	4	1	4	0	0	0	0	$0
ii. Notification of intent to construct a major source and review application	4	1	4	0	0	0	0	$0
iii. Notification of start of construction	2	1	2	0	0	0	0	$0
iv. Notification of actual startup	2	1	2	0	0	0	0	$0
v. Notification of initial performance test and test plan	4	1	4	0	0	0	0	$0
vi. Report of performance test results including operating parameters	20	1	20	0	0	0	0	$0
Existing Respondents
i. Notification of periodic 5-Year performance testing d	4	1	4	1	4	0.2	0.4	$230
ii. Report of periodic 5-Year performance testing d	20	1	20	1	20	1.0	2.0	$1,149
ii. Review of semiannual compliance reports	8	2	16	8	128	6.4	12.8	$7,354.24
TOTAL (rounded) e					175			$8,730
Assumptions:
a There is an average of 8 existing respondents per year over the next three years of this ICR. In addition, we assume that no new facilities will become subject to this regulation during the three-year period of this ICR.
b This cost is based on the average hourly labor rate as follows: Managerial $69.04 (GS-13, Step 5, $43.15 + 60%); Technical $51.23 (GS-12, Step 1, $32.02 + 60%); and Clerical $27.73 (GS-6, Step 3, $17.33 + 60%). This ICR assumes that Managerial hours are 5 percent of Technical hours, and Clerical hours are 10 percent of Technical hours. These rates are from the Office of Personnel Management (OPM), 2021 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.
c New respondents are required to submit initial notifications and conduct a performance test for add-on control equipment. There are no new respondents anticipated over the next three-year period of this ICR, therefore, there is no anticipated burden associated with these activities.
d The rule requires periodic performance testing once every 5 years. We assume review of the notification will take 4 hours and review of the periodic performance test report will take 20 hours. We assume that 20 percent of periodic performance tests will be repeated due to failure. There are four sources that do not already have testing requirements in their state permits and require testing under this rule. (4 respondents test once every five years (4/5=0.8), plus 20% retest (0.8*1.2 = 1 respondent/year, rounded)). Therefore, this testing occurs for one respondent each year.
e Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Appendix A – Draft Electronic Reporting Template

(see Docket ID Number EPA-HQ-OAR-2021-0103)

1 The recent amendments at 85 FR 14526 include amendments to: correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM); revise monitoring requirements for a control device used to comply with the particulate matter (PM) standards; add requirements for periodic performance testing, add electronic reporting of performance test results and reports, performance evaluation reports, compliance reports, and Notification of Compliance Status (NOCS) reports; and include other technical corrections to improve consistency and clarity. The most recent amendments at 85 FR 73854 include notification and recordkeeping requirements that apply to sources choosing to reclassify to area source status and to sources that revert to major source status, including a requirement for electronic notification.