SF-83 SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

NSPS for Bulk Gasoline Terminals (40 CFR part 60, subpart XX)

1.  Identification of the Information Collection

	1(a)  Title of the Information Collection

	NSPS for Bulk Gasoline Terminals (40 CFR part 60, subpart XX).

	1(b)  Short Characterization/Abstract

	The New Source Performance Standards (NSPS) were proposed on December 17, 1980 and promulgated on August 18, 1983, and amended on December 22, 1983.  These standards apply to the total of all loading racks at bulk gasoline terminals which deliver liquid product into gasoline tank trucks and for which construction, modification or reconstruction commenced after the date of proposal.  A bulk gasoline terminal is any gasoline facility which receives gasoline by pipeline, ship or barge, and has a gasoline throughput greater than 75,700 liters per day.  The affected facility includes the loading arms, pumps, meters, shutoff valves, relief valves, and other piping and valves necessary to fill delivery tank trucks.  Volatile organic chemicals (VOCs) are the pollutants regulated under this subpart.

	Owners or operators of the affected facilities described must make the following one-time only reports: notification of the date of construction or reconstruction; notification of the actual dates of startup; notification of any physical or operational change to an existing facility which may increase the regulated pollutant emission rate; notification of the date of the initial performance test; and the results of the initial performance test.  Owners or operators 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 required, in general, of all sources subject to NSPS.

	Monitoring requirements specific to bulk gasoline terminals are listed in 40 CFR 60.505 of this subpart.  These requirements consist mainly of identifying and documenting vapor tightness for each gasoline tank truck that is loaded at the affected facility, and notifying the owner or operator of each tank truck that is not vapor-tight.  The owner or operator must also perform a monthly visual inspection for liquid or vapor leaks, and maintain records of these inspections at the facility.

	This information is being collected to assure compliance with 40 CFR part 60, subpart XX.  In general, any owner or operator subject to the provisions of this part will maintain a file of these records, and retain the file for at least two years following the date of such records. Records of all replacements or additions of components shall be kept on file for at least three years.  The reporting requirements for this industry currently include only the initial notifications and initial performance test report listed above.  All reports are sent to the delegated State or local authority.  In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

	In the development of this Information Collection Request (ICR), we reviewed the Office of Management and Budget (OMB) “Terms of Clearance” (TOC) section on the active ICR.  There were no comments in the TOC section.

	Approximately 40 sources (i.e., bulk terminals with a gasoline throughput greater than 75,700 liters/day) are currently subject to the standard.  Due to consolidation of several industry refiners, no new sources are expected to become subject to the standard over the next three years.

2.  Need for and Use of the Collection

	2(a)  Need/Authority for the Collection

	The Clean Air Act (Act) provides authority to the Agency to establish standards to control air pollution and to ensure compliance with promulgated regulations through adequate recordkeeping and reporting by the affected industries (i.e., respondents).  The regulations include the New Source Performance Standards (NSPS) under section 111 of the Act, the National Emission Standards for Hazardous Air Pollutants ( NESHAP) which includes the original NESHAP standards and the more recent Maximum Achievable Control Technology (MACT) or NESHAP-MACT standards under section 112 of the Act, and emission guidelines for the designated types incinerators under section 129 of the Act.

	2(b)  Practical Utility/Users of the Data

	The recordkeeping and reporting requirements in the standard(s) are used by regulatory agencies, the public and the regulated community for a variety of reasons including the determination of the respondent’s compliance status, analytical studies to demonstrate compliance trends, and evaluations regarding the efficacy of the promulgated regulations.

	The required recordkeeping and reporting are also used to: 1) certify compliance with the regulations; 2) determine the respondent’s compliance with the designated emission limitation(s); 3) notify regulatory agencies when a standard is violated; 4) evaluate continuous compliance through the use of emission or operational parameter monitors; and 5) ensure that plant personnel are following the required procedures and are periodically trained, as indicated.

3.  Nonduplication, Consultations, and Other Collection Criteria

	3(a)  Nonduplication

	The standards do not require the duplication in the collection and reporting of information.  If the subject standards have not been delegated, the information is sent directly to the appropriate Environmental Protection Agency (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 similar 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.

	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 (70 FR 24020) on May 6, 2005.  No comments were received on the burden published in the Federal Register.

	3(c)  Consultations

	We have reviewed our internal data sources and discussed the industry growth rate with the rule contacts for this industry category at the EPA’s Office of Air Quality Planning and Standards (OAQPS) and Norbert Dee at the Environmental Program of the National Petrochemical and Refiners Association in Washington, D.C.  In addition, the Agency has initiated additional reviews on the sector to evaluate any residual risk from this regulation and determine if there is a need to change any of the monitoring, recordkeeping and reporting requirements of this rule.

	3(d)  Effects of Less Frequent Collection

	The effect of less frequent collection would be a decrease in the margin of assurance that facilities are achieving the emission reductions mandated by the Clean Air Act (CAA) through the promulgation of the applicable regulations.  In addition, the likelihood of detecting the poor operation and maintenance of control equipment decreases and the detection of noncompliance becomes problematic.

	3(e)  General Guidelines

	Neither the reporting nor recordkeeping requirements violate the regulations established by Office of Management and Budget (OMB) at 5 CFR part 1320, Section 1320.5.  However, most NESHAP standards and a few NSPS standards require records to be kept more than three years.  In general, these standards require the respondents to maintain all records, including reports and notifications, for five years.  The five-year record retention requirement is consistent with the permit program at 40 CFR part 70, and the five-year statute of limitations on which the permit program is based.

	For the present rule, though the retention of records for three years of all replacements or additions of components and for two years of monthly leak inspections and notification reports at the terminal allow EPA to establish the compliance history of the respondent for purposes of determining the appropriate level of enforcement action.  If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

	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 (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 recordkeeping and reporting requirements do not contain sensitive questions.

4.  The Respondents and the Information Requested

	4(a) Respondents/SIC Codes

	The Standard Industrial Classification (SIC) code(s) and corresponding North American Industry Classification System (NAICS) for the respondents are listed below.

	Regulation		SIC Codes		NAICS Codes

New Source Performance Standards, 40 CFR, part 60, subpart XX, Bulk Gasoline Terminals	5171	42271

This table is not meant to be exhaustive, but rather provides a guide for readers regarding the entities likely to be regulated by this standard.  To determine whether the standard applies to a particular entity, review the applicability provisions in the standard.

	4(b)  Information Requested

		(i)  Data Items

	All data in this ICR that is recorded and/or reported is required by 40 CFR part 60, subpart XX Bulk Gasoline Terminals.

	A source must make the following reports:

	Notification Reports

Notification of construction or reconstruction	40 CFR 60.7(a)(1)

Notification of actual date of initial startup			40 CFR 60.7(a)(3)

Notification of physical or operational change		40 CFR 60.7(a)(4)

Maintaining records of startups, shutdowns or malfunctions.	40 CFR 60.7(b)

Notification of performance test.	40 CFR 60.8(d)

Notifying the owner or operator of each nonvapor-tight gasoline truck loaded	40 CFR 60.502(e)(4)

Reports

Reporting performance test results.	40 CFR 60.8(a)

	A source must maintain the following records:

Recordkeeping

Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative.	40 CFR 60.7(b)

Record the tank identification number as each gasoline tank truck is loaded.	40 CFR 60.502(e)(2)

Record each leak detected during each calendar month inspection of control equipment during loading operations.	40 CFR 60.502(j)

Record of documentation for tank truck vapor tightness - kept on permanent record.	40 CFR 60.505(a)

Record of monthly leak inspection required under 60.502(j) for 2 years. 40 CFR 60.505(c)

Record of notifications under 60.502(e)(4) for 2 years.	40 CFR 60.505(d)

Records of replacement parts or additions for 3 years.	40 CFR 60.505(f)

Annual update of records of tank truck vapor tightness.	40 CFR 60.505(b)

Electronic Reporting

	At the present, many respondents to CAA standards use monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must evaluate the data, this internal automation has significantly reduced the burden associated with monitoring and recordkeeping at the plant site.

	Also regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are still not widely used.

		(ii)  Respondent Activities

Read instructions

Perform initial performance test, Reference Methods 2A, 2B, 21, 25A, 25B, and 27, 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 the purpose of collecting, validating, and verifying information

Developing, acquiring, installing, and utilizing technology and systems for the purpose of processing and maintaining information

Developing, acquiring, installing, and utilizing technology and systems for the purpose of disclosing and providing information

Adjusting the existing ways to comply with any previously applicable instructions and requirements

Training personnel to be able to respond to a collection of information

Transmitting, or otherwise disclosing the information

	Regulatory agencies, to the extent possible, are relying more on automated techniques such as electronic submissions of reports, and are improving their tracking systems and database systems to enhance the use of these techniques.  However, electronic reporting systems are still not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

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

	5(a)  Agency Activities

	EPA conducts one or more of the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

	EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the information required under 40 CFR part 60, subpart XX:

Observes initial performance tests and repeat performance tests if necessary

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

Audits facility records

Inputs and maintains data in the Aerometric Information Retrieval System (AIRS) database

	5(b)  Collection Methodology and Management

	The required data and reports can be evaluated on-site by conducting a partial compliance evaluation, full compliance evaluation or inspection, or through an off-site review of compliance monitoring records and reports.  Evaluation reports and inspection results are maintained by the Agency or delegated authority.

	The results of these evaluations are entered into the Air Facility Subsystem (AFS) which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters.  EPA and delegated authorities can retrieve and analyze the data.

	5(c)  Small Entity Flexibility

	A majority of the affected facilities are large entities (i.e., large businesses).  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  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.  Specifically, sources are required to maintain records of its operations at the terminal, however, no periodic reports are required to be submitted.

	The Agency considers these requirements the minimum 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 in Table 1, attached.

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.  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 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.

	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 13,168 hours.  The annual burden to industry is shown in Table 1.  The labor hours in Table 1 are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the standard, 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	$97.46   ($46.41 + 110%)

		Technical	$83.71   ($39.86 + 110%)

		Clerical	$42.55   ($20.26 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005, “Table 2. Civilian Workers, by Occupational and Industry Group.”  The rates are from column 1, “Total compensation.”  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

		(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	The only type of industry costs associated with the information collection activities in the subject standards is labor cost which is addressed elsewhere in this ICR.  There are no capital/startup and operation and maintenance costs associated with continuous monitoring equipment.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  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

	The average annual cost for capital/startup and operation and maintenance cost to industry over the next three years of the ICR is zero because no continuous monitoring equipment is required by this regulation.  This is shown on the OMB 83-I form in section 14 as follows: block 4(a), Total annualized capital/startup costs; block 14(b), Total annual costs (O&M); block 14(c), Total annualized cost requested.  The numbers in block 14 of the OMB 83-I form are rounded to show the cost in thousands of dollars.

	6(c)  Estimating Agency Burden and Costs

	There is no Agency burden associated with this standard.  The lack of an annual Agency labor burden is based on the assumption that there will be no new bulk gasoline terminals submitting initial notifications during the next three years, and the fact that this rule does not require sources to submit periodic reports.  The average annual Agency cost during the three years of the ICR is shown in Table 2, attached.

	The Agency annual cost is based on the average hourly labor rate as follows:

		Managerial	$56.02   (GS-13, Step 5, $35.01 x 1.6)

		Technical	$41.57   (GS-12, Step 1, $25.98 x 1.6)

		Clerical	$22.50   (GS-6, Step 3, $14.06 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2005 General Schedule” which excludes locality rates of pay.

	6(d)  Estimating the Respondent Universe and Total Burden and Costs

	Number of respondents is calculated using the following table which 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 1	(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

0

40

0

40

2

0

0

40

0

40

3

0

0

40

0

40

Average

0

0

40

0

40

	1 New respondents include sources with constructed, reconstructed and modified affected facilities.  In this standard existing respondents have already submitted  initial notifications.

	To avoid double-counting respondents, column D is subtracted.  The average Number of Respondents over the three-year period of this ICR is shown in column D.  This number appears on the OMB 83-I form in block 13(a), Number of respondents.

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

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents

That Submit Responses	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit Reports	(E)

Total Annual Responses

E=(BxC)+D

Initial Notifications

0

0

0

0

Report of Performance Test

0

0

0

0

Periodic Reports

0

0

0

0

Records of operations

40

0

40

40

Total

40

	The number of Total Annual Responses is shown in column E.  This number is shown on the OMB 83-I form in block 13(b), Total annual responses.

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).  The total annual labor burden and cost to industry may be found in Table 1, attached.

	The average annual Agency burden and cost over next three years is shown in Table 2, attached.

	6(e)  Bottom Line Burden Hours 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, respectively.

		(i) Respondent Tally

	The Total Hours Requested is shown on the OMB 83-I form in block 13(c).  The annual labor costs are not shown on the OMB 83-I form.  Details regarding these estimates may be found in Table 1.  Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 329 hours (rounded) per response.

	The total annual capital/startup and O&M costs to the regulated entity are shown on the OMB 83-I form in block 14(c), Total annualized cost requested.  The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Cost.

		(ii) The Agency Tally

	The average annual Agency burden hours and cost over next three years is shown in Table 2, attached.

	6(f)  Reasons for Change in Burden

	The increase in labor burden to industry from the most recently approved ICR from 11,420 to 13,168 is due to adjustments.  This increase in labor burden is due to a correction of the frequency of recording leaks detection inspection data from one occurrence per year to monthly occurrences as required by the rule, and the inclusion of labor hours for the management and clerical employees.  The total industry cost also increased from $631,983 to $1,062,809, as a result of these changes and the use of an updated technical labor rate.

	The reason for an increase in labor hours is due to a correction of the frequency of recording leaks detection inspection data from one occurrence per year to monthly occurrences per year as required by the rule.  In addition, the burden calculation for the renewal of this ICR includes labor hours for the management and clerical employees, as well as updated labor rates for technical employees.

	There were no capital/startup and operation and maintenance costs associated with continuous emission monitoring for the renewal of the ICR, therefore, there is no change in this burden category.

	There was no Federal Government burden associated with the review of initial notifications and performance test reports by new sources; therefore, there is no change in this burden category.

	6(g)  Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 329 hours (rounded) per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency.  This includes the time needed to review instructions; to 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; to adjust the existing ways to comply with any previously applicable instructions and requirements; to train personnel to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information.

	An agency may not conduct or 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’s 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 OECA-2005-0017, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, 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.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Use EDOCKET to submit or view public comments, to access the index listing of the contents of the public 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 above.  You can also 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 OECA-2005-0017 and OMB Control Number 2060-0006 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:  NSPS for Bulk Gasoline Terminals (40 CFR part 60, subpart XX) (Renewal)

Burden item

(A)

Person-

hours per

occurrence

(B)

No.  of

occurrences

per respondent

per year

(C)

Person-

hours per

respondent

per year

(C=AxB)

(D)

Respondents

per year  a

(E)

Technical

person-

hours per

year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per 	year

(Ex0.1)

(H)

Cost, $  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.  Read instructions

1

1

1

0

0.0

0.0

0.0

$0.00

  B.  Required activities:

   i.  Initial Performance tests  c

60

1

60

0

0.0

0.0

0.0

$0.00

   ii.  Repeat Performance tests  c

60

0.2

12

0

0.0

0.0

0.0

$0.00

   iii.  Monitoring of operations          and equipment:  d	Included in 5E

D.  Gather Existing Information

Included in 4B and 5E

E.  Write report   a, c

   i.  Notification of compliance           status

2

1

2

0

0.0

0.0

0.0

$0.00

   ii.  Notification of actual                  startup

2

1

2

0

0.0

0.0

0.0

$0.00

   iii.  Notification of                            construction/ modification   a

2

1

2

0

0.0

0.0

0.0

$0.00

   iv.  Notification of                            Performance Test

2

1

2

0

0.0

0.0

0.0

$0.00

   v.  Reports of performance               test results

Included in  4B

   vi.  Operation and                           maintenance reports 	N/A

    vii.  Semi-annual reports   e

N/A

5.  Recordkeeping Requirements

 A.  Read instructions

Included in 4A

 B.  Plan activities

Included in 4B

C.  Implement activities

Included in 4B

D.  Develop record system

N/A

E.  Time to enter and transmit    information:  Monitoring of operations includes:   f

    i.  Records of  startup, shutdown, malfunction, etc.	1.5	50	75	40 3,000	150	300

$278,514

    ii.  Records of tank identification numbers

0.1

2,100

210

40

8,400

420

840

$770,839.20

    iii.  Leak detection records of    monthly control equipment

inspections

0.1

12

1.2

40

48

2.4

4.8

$4,456.22

F.  Time to train personnel

N/A

G. Time for audits

N/A

TOTAL LABOR  BURDEN AND COST

11,448

572.4

1,148

$1,062,809.42

TOTAL LABOR HOURS (Rounded)

13,168

$1,062,809

Assumptions:

a   There are an estimated  40 respondents which are subject to this standard.  We have assumed that there will be no new net growth for this industry over the three year period of this ICR.   In addition, we have assumed that there will be no new lines constructed over the three year period.

b   This ICR uses the following labor rates: $97.46 per hour for Executive, Administrative, and Managerial labor; $83.71 per hour for Technical labor, and $42.55 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 19, 2005, “Table 2. Civilian Workers, by occupational and industry group.”  The rates are from column 1, “Total compensation.”  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

c   We have assumed that all sources are in compliance with initial rule requirements including initial performance test.  We have assumed that usually 20 percent of the sources would repeat performance tests due to failure.

d   Monitoring of operations includes:  1) implementation of Standard Operating Procedures (SOP) for operation and maintenance of  control equipment; 2)  records of tank identification numbers; and monthly leak detection inspection of control equipment.

e     There will be no semi-annual reports.

f  We have assumed that recordkeeping will take sources the following:  records of SSM will occur once per week or 50 times per year; 6 minutes or 0.1 hour to enter each tank identification number; and an average of six tank trucks loading each day of 350 days of a year (6x350 days per year=2,100).

Table 2.  Annual Burden and Cost for The Federal Government:

NSPS for Bulk Gasoline Terminals (40 CFR part 60, subpart XX) (Renewal)

	Activity

(A)

EPA person-

hours per

occurrence

(B)

No. of

occurrences

per plant

per year

(C)

EPA person-

hours per

plant per

year

(C=AxB)

(D)

Plants

per

year  a

(E)

Technical

person-hours

per year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per

year

(Ex0.1)

(H)

Cost, $ b

Initial  Notifications   c

2

1

2

0

0

0

0

$0.00

Reports of performance test       results   c

8

1.2

9.6

0

0

0

0

$0.00

Semi-annual  reports   d

N/A

Subtotal Burden and Cost

0

0

0

     $0.00

TOTAL ANNUAL BURDEN AND COST (rounded)

	0

          $0

Assumptions:

a   We have assumed that there are approximately two respondents currently operating in the United States.  It is estimated that no additional respondents will become subject to the regulation in the next three years based on information available on the sector.

b   This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses:  Managerial rate of $56.02 (GS-13, Step 5, $35.01 x 1.6), Technical rate of $41.57 (GS-12, Step 1, $25.98 x 1.6), and Clerical rate of $22.50 (GS-6, Step 3, $14.06 x 1.6).  These rates are from the Office of Personnel Management (OPM) (2005 General Schedule( which excludes locality rates of pay.

c   We have assumed that all existing sources are in compliance with the initial rule requirements.

d   Not applicable.  The rule does not required periodic reports.

 PAGE   12

 PAGE   11


[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Proposed Rules]
[Pages 68717-68718]
[FR Doc No: 2012-27791]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket No. OSH-2011-0184]
RIN 1218-AC65

Updating OSHA Standards Based on National Consensus Standards;
Head Protection

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; withdrawal.

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SUMMARY: With this notice, OSHA is withdrawing the proposed rule that
accompanied its direct-final rule revising its Head Protection
standards for general industry, shipyard employment, marine terminals,
longshoring, and construction.

DATES: Effective November 16, 2012, the proposed rule published June
22, 2012 (77 FR 37617), is withdrawn.

FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Frank Meilinger, Director,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-1999.
Technical information: Ken Stevanus, Directorate of Standards and
Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER>; fax: (202)
693-1663.

SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, is also available at OSHA's Web page at http://www.osha.gov.
    Withdrawal of the proposal: On June 22, 2012, OSHA published a
direct-final rule to update the incorporated references in its Head
Protection standards for general industry at 29 CFR 1910.135, shipyard
employment at 29 CFR 1915.155, marine terminals at 29 CFR 1917.93,
longshoring at 29 CFR 1918.103, and construction at 29 CFR 1926.100 (77
FR 37587). OSHA also published a companion proposed rule along with the
direct-final rule (77 FR 37617). In the direct-final rule, OSHA stated
that it would withdraw the companion proposed rule and confirm the
effective date of the direct-final rule

if it received no significant adverse comments on the direct-final rule
by July 23, 2012. OSHA received two comments on the direct-final rule
by that date, neither of which were significant adverse comments (see
Document IDs OSHA-2011-0184-0003 and -0004). To the contrary, both
comments supported the direct final rule.
    OSHA is publishing a notice announcing this determination and
confirming the effective date of the direct-final rule as September 20,
2012. Accordingly, OSHA is not proceeding with the proposed rule, and
is withdrawing it from the rulemaking process.

List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926

    Head protection, Occupational safety and health, Safety.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, authorized the
preparation of this document. OSHA is issuing this document pursuant to
29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of Labor's Order
1-2012 (77 FR 3912), and 29 CFR part 1911.

    Signed at Washington, DC on November 8, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-27791 Filed 11-15-12; 8:45 am]
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