	SF-83 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)

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing and Asphalt Roofing Manufacturing were proposed on   SEQ CHAPTER \h \r 1 January 10, 1989, and promulgated on November 20, 1990 (55 FR 48414).  These standards apply to new and existing facilities that manufacture asphalt roofing products or oxidized asphalt that are major sources of hazardous air pollutants (HAPs), or are collocated at major sources.  This information is being collected to assure compliance with 40 CFR part 63, subpart LLLLL.

Owners and operators of affected sources are subject to the monitoring, recordkeeping and reporting requirements of 40 CFR part 63, subpart A, the General Provisions, unless specified otherwise in the regulation.  This rule requires sources to submit initial notifications, conduct performance tests if the source is using an add-on control device, and submit periodic compliance reports.  In addition, sources are required to maintain records of the occurrence and duration of any start-up, shutdown, or malfunction in the operation if using an add-on control device; any period during which the monitoring system is inoperative; parametric monitoring data; system maintenance and calibration; and work practices to demonstrate initial and ongoing compliance with the regulation.

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 are no TOC.

There is an average of 24 respondents per year over the next three years of this ICR.  We have determined that approximately 22 of 135 existing asphalt processing and asphalt roofing manufacturing source categories, including 9 petroleum refineries that process asphalt, are estimated to be potential major sources subject to the NESHAP subpart LLLLL requirements.  In addition, we have assumed that one new facility per year will become subject to this regulation.  This information was confirmed with the rule lead addressing this source category at the Office of Air Quality Planning and Standards (OAQPS), information available in the active ICR, EPA database for the Clean Air Program, and existing background information on the industry gathered during rule development.

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The Clean Air Act (CAA) 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 CAA.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards 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 limitations;

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 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

It is our policy to carefully review any comments received since the last ICR renewal including those submitted in response to the first federal register notice and respond appropriately.  In this case, no comments were received.  The Agency’s internal industry experts have been consulted.  The Agency’s internal data sources and any projections of industry growth over the next three years have also been considered.

The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the AFS (Air Facility Subsystem) which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of all compliance data.  Approximately 22 respondents are currently subject to the regulation, and our consultations with Agency industry experts regarding the growth rate for the industry indicated that an additional one respondent per year will become subject to the regulation over the next three years.

It should be noted that the respondents, the industry trade associations, including the Asphalt Roofing Manufacturers Association (ARMA), and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purposes.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards.  Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met.  If the information required by these 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

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.

The retention of records for five years allows EPA to establish the compliance history of the respondent for purposes of determining the appropriate level of enforcement action.  Historically, EPA notes that the most flagrant violations have extended beyond a five-year period. If records are retained for less than five years, EPA would be deterred from pursuing the most flagrant violations due to the destruction of records documenting noncompliance.

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) codes and corresponding North American Industry Classification System (NAICS) codes for the respondents are listed below.

Category	SIC

code	NAICS code	Examples of regulated entities

Asphalt Felts and Coatings	2952 	324122	Asphalt Shingle and Coating Materials Manufacturing

Petroleum Refining	2911	32411	Petroleum Refineries

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

Notification Reports

Initial notification requirements	63.9(b)(1)

Notification of compliance status when a source becomes subject to the standard	63.9(h), 63.5755(a)

Notification that source is subject to special compliance requirements, if applicable	63.9(d)

Notification of performance test   SEQ CHAPTER \h \r 1 	63.7(b), 63.9(e), 63.5755(a)

Rescheduled of performance test	63.7(b)(2)

Demonstration of continuous monitoring system	63.9(g), 63.5755(a)

Change in information already provided	63.9(j)

Request for an extension of compliance with relevant standard	63.9(c)

Reports

Application for approval of the construction or reconstruction of a new major affected source, or reconstruction of a major affected source 63.5(6)(d)

Performance test results	63.10(d)(2),

63.5755

Startup, shutdown and malfunction plan	63.6(e)(3), 63.5758(d)

Periodic startup, shutdown and malfunction reports	63.10(d)(5)(i), 63.5758

Progress reports for compliance extension (if applicable)	63.6(i)  SEQ CHAPTER \h \r 1

Semiannual compliance reports 	63.5758(b-c)

	A source must keep the following records:

Recordkeeping

Startup, shutdown and malfunction plan	63.6(e)(3), 63.8694(a)(2)

All reports and notifications	63.10(b)(1), 63.8694(a)(1)

Records of startup, shutdown, and malfunction of process equipment 63.10(b)(2)(i), (iv), (v), 63.8694(a)(2)

Records of malfunctions of air pollution control equipment 63.10(b)(2)(ii)

Any applicability determination that demonstrates why owner or operator believes source is unaffected	63.10(b)(3)

Records of maintenance of air pollution control equipment 63.10(b)(2)(iii)

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)

Five-year retention of records	63.10(b)(1),   SEQ CHAPTER \h \r 1

63.8695(c)

	Electronic Reporting

Some respondents use monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must evaluate the data, 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.  At this time, it is estimated that approximately 25 percent of the respondents use electronic reporting.

(ii)  Respondent Activities

Respondent Activities

Read instructions.

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.

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

Develop, acquire, install, and utilize technology and systems for the purpose of 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.

Transmit, or otherwise disclose 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 25 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.

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

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 Air Facility System (AFS).

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 thru 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

Over 65 percent of the existing facilities subject to this NESHAP are classified as small businesses according to the Small Business Administration (SBA) size standards and NAICS code, as one with 100 to 500 employees or $5 million or less in annual sales.

However, the impact on small businesses was accounted for in the regulation development.  The Agency has minimized the information collection burden by reducing the recordkeeping and reporting requirements to include only the information needed to determine compliance with the asphalt processing and roofing NESHAP.  The asphalt processing and roofing NESHAP is applicable only to major source facilities.

Additionally, we have limited the monitoring, record keeping and reporting requirements for all facilities, including those owned by small businesses, to the minimum necessary to ensure compliance.

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, the specific tasks and major assumptions have been identified when calculating the burden.  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 respondent burden 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	$100.99 ($48.09 + 110%)

Technical	$87.97   ($41.89 + 110%)

Clerical	$43.81   ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 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 percent to account for the benefit packages available to those employed by private industry.

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

The annual burden for respondent activities includes labor costs and operating and maintenance (O&M) costs.  The asphalt processing and roofing NESHAP does not require any capital/startup costs.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  We have assumed that all of the facilities 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.

The annual operation and maintenance cost for this ICR is $25,407 which includes contractor costs for initial performance tests of add-on control devices and other costs such as file storage, photocopying and postage.  Photocopying and postage costs are incurred when reports required by the rule are submitted to regulatory agencies.  These costs were estimated to be $7.50 per report.  The annual average cost of photocopying and postage is expected to be $406.50.   Based on information gathered during rule development, the estimated contractor cost for initial performance tests of a PM control device, using EPA Method 5A, is $7,000; and for initial performance tests of a thermal oxidizer, using EPA Method 25A, is $25,000.  We have assumed that all existing respondents have conducted performance test.  We have further assumed that new respondents will be conducting an initial performance test for one add-on control device, a thermal oxidizer.  The annual average contractor cost for performance testing for the three years covered by this ICR was estimated to be $25,000.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

The annual burden for respondent includes labor costs and operating and maintenance (O&M) costs.  The asphalt processing and roofing NESHAP does not require any capital/startup costs.  This is based on the assumption that all existing sources are in compliance with initial rule requirements and the assumption that the monitoring devices are integral parts of the control devices necessary to determine whether these are operating properly.  The annual operation and maintenance costs include contractor costs for initial performance tests of add-on control devices and other costs such as file storage, photocopying and postage.  These costs are shown on the OMB 83-I form.

As discussed in Section 6(b)(iii), there are no total capital/startup costs for this ICR, as shown on the OMB 83-I form in block 14(a), Total annualized capital/startup costs.  The total operation and maintenance (O&M) costs for this ICR is $25,407 (rounded) which is shown on the OMB 83-I form in block 14(b), Total annual costs (O&M).  The total annualized respondent costs over the next three years of the ICR is shown in block 14 (c), Total annualized cost requested.  This has been calculated as the addition of the capital/startup costs and the annual operation and maintenance costs.  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

The only costs to the Agency are those associated with analysis of the reported information.  EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is $19,767, which is shown in Table 2, attached.

This 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 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

1

22

0

0

23

2

1

23

0

0

24

3

1

24

0

0

25

Average

1

23

0

0

24

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

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

(C)

Number of Responses

(D)

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

(E)

Total Annual Responses

E=(BxC)+D

Notification of compliance status

1

1

0

1

Notification/application  of  construction

1

1

0

1

Notification of actual startup

1

1

0

1

Notification of performance test and test plan

1

1

0

1

Report of performance test results

1

1.2

0

1.2

Report of semiannual compliance reports

24

2

0

48

Report of startup, shutdown, malfunction

1

1

0

1

Total

54.2

The number of Total Annual Responses, 54 (rounded), 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, 12,017 (rounded), is shown on the OMB 83-I form in block 13(c).  The total annual labor cost 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).

The average annual Agency burden and cost over next three years is shown in Table 2.  Annual Burden and Cost for The Federal Government: NESHAP for Asphalt Processing and Asphalt Roofing Manufacturing (40 CFR part 63, subpart LLLLL).

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 223 hours 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.

6(f)  Reasons for Change in Burden

The increase from 1,962 hours to 12,017 hours in the annual labor burden to industry from the most recently approved ICR is due to adjustments.  The increase in burden from the most recently approved ICR is due to an increase from 19 to 22 in the number of existing sources and the assumption that all existing sources are in full compliance with the rule initial and on-going requirements since the compliance date has passed, May 1, 2006.  All respondents are currently recording operating parameters and submitting semiannual compliance reports to comply with rule requirement compared to only new respondents in the active ICR.

The decrease from $277,684 to $25,407 in the total annualized capital and operations and maintenance (O&M) costs are due to no startup capital costs being attributed to this rule since monitors are an integral part of the control equipment necessary to determine if it is operating properly and a decrease in the contractor’s costs associated with performance tests based on the assumption that all existing respondent are in full compliance with the rule requirements.

	The Federal government burden decrease from 818 to 488 hours due to the deletion of burden and costs associated with inspections (i.e., labor and travel costs associated with observing performance tests) and enforcement activities that are exempt under the Paperwork Reduction Act.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 223 hours 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 EPA-HQ-OECA-2005-0051, which is available for online viewing at   HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in person viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, N.W., Washington, D.C.  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 online at   HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov .  This web site can be used 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, N.W., Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2005-0051 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)

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:

25

1

25

1

25

1.3

2.5

$2,440.06

  B.  Required activities:

     New Respondents  c, d

     i.  Initial performance test

24

1

24

1

24

1.2

2.4

$2,337.61

     ii.  Repeat of performance test

24

1

24

0.2

4.8

0.2

0.5

$464.36

     iii.  Startup, shutdown,                   malfunction plan

40

1

40

1

40

2.0

4.0

$3,896.02

     New and Existing Respondents

     v.  Monitoring of operating            parameters and equipment:  e

Included in 5E

  C.  Gather Existing Information

Included in 5D, 5E

  D.  Write report  c, d

     i.  Notification of compliance        status

4

1

4

1

4

0.2

0.4

$125.69

     ii.  Notification of intent to            construct a major source and         review application

4

1

4

1

4

0.2

0.4	               $125.69

     iii.  Notification of initial               construction/ reconstruction  a

4

1

4

1

4

0.2

0.4	$125.69

     iv.  Notification of actual               startup

4

1

4

1

4

0.2

0.4

$125.69

     v.  Notification of performance      test

4

1

4

1

4

0.2

0.4

$125.69

    vi.  Reports of performance           test results

Included in 4B, 5E

    vii.  Semiannual compliance          reports  d

12

2

24

24

576.0

28.8

57.6

$56,102.69

    viii.  Startup, shutdown,

    malfunction report  f

8

1

8

1

8

0.4

0.8

$779.20

5.  Recordkeeping Requirements

  A.  Read instructions

Included in 4A

  B.  Plan activities

10

1

10

1

10

0.5

1.0

$974.01

  C.  Implement activities

Included in 4B

  D.  Develop record system  g	NA

  E.  Time to enter and transmit all   information into record system  h

    i.  Record performance tests

4

1

4

1

4

0.2

0.4	$125.69

    ii.  Record operating                      parameters

1

365

365

24	8,760.0	438.0	876.0	$853,228.38

    iii  Record malfunctions

2

1

2

1	2.0	0.1	0.2	$194.80

    iv.  Continuous parameter              monitoring calibration and             maintenance

4

5

20

24	480.0	24.0	48.0	$46,752.24

    v.  Store, file, and maintain            records

20

1

20

24	480.0	24.0	48.0

$46,752.24

 F.  Time to train personnel

16

1

16

1

16	0.8	1.6

$1,558.41

G. Time for audits

N/A

TOTAL LABOR  BURDEN AND COST

10,449.8

522.49

1,044.98

$1,016,234.17

TOTAL LABOR HOURS (Rounded)

12,017

$1,016,234

Assumptions:

a  There is an average of 24 respondents per year over the next three years of this ICR.  We have determined that approximately 22 of 135 existing asphalt processing and asphalt roofing manufacturing source categories, including 9 petroleum refineries that process asphalt, are estimated to be potential major sources subject to the NESHAP subpart LLLLL requirements.  In addition, we have assumed that one new facility per year will become subject to this regulation.

b  This ICR uses the following labor rates: $100.99 per hour for Executive, Administrative, and Managerial labor; $87.97 per hour for Technical labor, and $43.81 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 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    SEQ CHAPTER \h \r 1 We have assumed that existing respondents are in compliance with initial rule requirements.  New respondents would have to comply with the initial rule requirements including notifications and performance tests for add-on control devices.

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  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) start-up, shutdown, and malfunctions of equipment,  and 3) work practices.

f   We have assumed that one respondent with add-on controls per year will have at least one startup, shutdown or malfunction (SSM) that is not managed according to the SSM plan.

g  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.

h  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 per year 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, and review and implementation of startup, shutdown, and malfunction plans.

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

and Asphalt Roofing Manufacturing  (40 CFR Part 63, Subpart LLLLL)

	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

New Respondents:

i.  Notification of compliance status

4

1

4	1	4.0

0.2

0.4

$186.48

ii.  Notification of intent to construct a major source and review application

4

1

4	1

4.0

0.2

0.4

$186.48

iii.  Notification of start of construction

2

1

2	1

2.0

0.1

0.2

$93.24

iv.  Notification of actual startup

2

1

2	1

2.0

0.1

0.2

$93.24

v.  Notification of initial performance test and test plan

4

1

4	1	4.0

0.2

0.4

$186.48

New and Existing Respondents

i.  Report of performance test results including operating parameters

20

1

20	1	20.0

1.0

2.0

$932.42

ii.  Review of semiannual compliance reports

8

2

16

24

384.0

19.2

38.4

$17,902.47

iii.  Review of startup, shutdown, malfunction reports  d

4

1

4

1

4.0

0.2

0.4

$186.48

Subtotal Burden and Cost

424.0

21.2

42.4

$19,767.29

TOTAL ANNUAL BURDEN AND COST (rounded)

488

$19,767

Assumptions:

a   There is an average of 24 respondents per year over the next three years of this ICR.  We have determined that approximately 22 of 135 existing asphalt processing and asphalt roofing manufacturing source categories, including 9 petroleum refineries that process asphalt, are estimated to be potential major sources subject to the NESHAP subpart LLLLL requirements.  In addition, we have assumed that one new facility per year will become subject to this regulation.  .

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 existing sources have comply with the initial rule requirements.  New respondents are required to conduct performance test for add-on control equipments, submit initial notifications and prepare startup, shutdown and malfunction (SSM) plans.

d  Sources are required to submit semiannual compliance reports and startup, shutdown and malfunction (SSM) reports if there is an occurrence that is not managed according to the SSM plan.

 PAGE

 PAGE

 PAGE   2

 PAGE

 PAGE   9


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70752]
[DOCID:fr06de06-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-200-015]

Rockies Express Pipeline LLC; Notice of Negotiated Rate

November 29, 2006.
    Take notice that on November 22, 2006, pursuant to 18 CFR 154.7 and
154.203, and in compliance with the Commission's letter order issued
August 9, 2005, in Docket No. CP04-413-000, Rockies Express Pipeline
LLC (REX) tendered for filing and acceptance certain tariff sheets of
its FERC Gas Tariff to be effective November 23, 2006.
    REX stated that a copy of this filing has been served upon all
parties to this proceeding, REX's customers, the Colorado Public
Utilities Commission and the Wyoming Public Service Commission.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-20603 Filed 12-5-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39294-39296]
[FR Doc No: 2016-14206]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78035; File No. SR-BatsBYX-2016-13]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.23, Opening Process

June 10, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 9, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.23, Opening Process,
to await a two-sided quotation from the listing exchange prior to re-
opening a security for trading following a halt, suspension, or pause
in trading.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements

concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 11.23, Opening Process, to
await a two-sided quotation from the listing exchange prior to re-
opening a security for trading following a halt, suspension, or pause
in trading.
    Exchange Rule 11.23 describes the Exchange's current Opening and
Re-Opening Process. Subparagraph (e) to Rule 11.23 states that while a
security is subject to a halt, suspension, or pause in trading, the
Exchange will accept orders for queuing prior to the resumption of
trading in the security for participation in the Re-Opening Process.
Subparagraph (a) to Rule 11.23 states that, prior to the beginning of
the Regular Trading Hours, Users \5\ who wish to participate in the
Opening Process may enter orders to buy or sell.\6\ Subparagraph (a)(2)
to Rule 11.23 provides that, with certain exceptions,\7\ all orders
with a time-in-force instruction of Regular Hours Only may participate
in the Opening Process. Subparagraph (e)(1) to Rule 11.23 states that
the Re-Opening Process will occur in the same manner described in Rule
11.23(a)(2) and (b) described above,\8\ also with certain
exceptions.\9\
---------------------------------------------------------------------------

    \5\ See Exchange Rule 1.5(cc).
    \6\ Orders cancelled prior to the Opening Process will not
participate in the Opening Process.
    \7\ The following order types and instruction may not
participate in the opening process: BYX Post Only Orders, ISOs not
modified by Rule 11.23(a)(1) above, and Minimum Quantity Orders. See
Exchange Rule 11.23(a)(2). Limit orders with a Reserve Quantity may
participate to the full extent of their displayed size and Reserve
Quantity. Id. Discretionary Orders may participate only up to their
ranked price for buy orders or down to their ranked price for sell
orders. Id. The discretionary range of such orders will not be
eligible for participation in the Opening Process. Id. All Pegged
Orders and Mid-Point Peg Orders, as defined in Rule 11.9(c)(8) and
(9), will be eligible for execution in the Opening Process based on
their pegged prices. Id.
    \8\ Subparagraph (b) to Rule 11.23 states that the Exchange will
open by performing the Opening Process in which the System will
attempt to match buy and sell orders that are executable at the
midpoint of the National Best Bid and Offer (``NBBO''). Furthermore,
subparagraph (b) of Rule 11.23 also states that all orders
executable at the midpoint of the NBBO will continue to be processed
in time sequence, beginning with the order with the oldest time
stamp. Matches occur until there are no remaining contra-side orders
or there is an imbalance of orders. An imbalance of orders may
result in orders that cannot be executed in whole or in part. Any
unexecuted orders may then be placed by the System on the BYX Book,
cancelled, executed, or routed to away Trading Centers in accordance
with the Users' instructions pursuant to Exchange Rule 11.13(a)(2).
    \9\ Orders without a time-in-force instruction of Regular Hours
Only are eligible to participate in the Re-Opening Process, but IOC,
FOK, BYX Post Only Orders, and Minimum Quantity Orders will be
cancelled or rejected, as applicable, and any ISO that is not IOC or
FOK will be converted into a non-ISO and be queued for participation
in the Re-Opening Process. See Exchange Rule 11.23(e)(1).
---------------------------------------------------------------------------

    Subparagraph (e)(1) to Exchange Rule 11.23 also sets forth the
process by which the System sets the price of the Re-Opening Process.
Currently, the System \10\ sets the price of the Re-Opening Process at
the midpoint of the: (i) First NBBO subsequent to the first reported
trade on the listing exchange following the resumption of trading after
a halt, suspension, or pause; or (ii) NBBO when the first two-sided
quotation is published by the listing exchange following the resumption
of trading after a halt, suspension, or pause if no first trade is
reported by the listing exchange within one second of publication of
the first two-sided quotation by the listing exchange.
---------------------------------------------------------------------------

    \10\ See Exchange Rule 1.5(aa).
---------------------------------------------------------------------------

    The Exchange proposes to amend subparagraph (e)(1) to Rule 11.23 to
now await a two-sided quotation from the listing exchange prior to
opening a security for trading. As amended, subparagraph (e)(1) to Rule
11.23 would state that the System would set the price of the Re-Opening
Process at the midpoint of the first NBBO subsequent to the first
reported trade and first two-sided quotation on the listing exchange
following the resumption of trading after a halt, suspension, or pause.
The Exchange will utilize the current NBBO to calculate the security's
re-opening price once a trade and two-sided quotation are received from
the listing exchange, regardless of the order in which the trade or
quotation are received. The Exchange believes the proposed rule change
will enable the listing market's quotation to be incorporated into the
NBBO, which the Exchange would, in turn, utilize in its calculation of
the midpoint of the NBBO. The Exchange believes doing so would result
in a re-opening price that more closely reflects the market prices and
conditions for that security. Under subparagraph (e)(1) to Rule 11.23,
the Exchange will continue to alternatively set the price of the Re-
Opening Process at the midpoint of the NBBO when the first two-sided
quotation is published by the listing exchange following the resumption
of trading after a halt, suspension, or pause if no first trade is
reported by the listing exchange within one second of publication of
the first two-sided quotation by the listing exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Exchange believes the
proposed rule change will promote just and equitable principles of
trade, removes impediments to, and perfect the mechanism of, a free and
open market and a national market system because it enables the System
to execute the Re-Opening Process at a price that is objectively
established by the market for the security. The proposal would enable
the listing market's quotation to be incorporated into the NBBO, which
the Exchange would, in turn, utilize in its calculation of the midpoint
of the NBBO. The Exchange believes doing so would result in a re-
opening price that more closely reflect the market prices and
conditions for that security. Therefore, the Exchange believes the
proposed rule change promotes just and equitable principles of trade
because it ensures a midpoint price that the Exchange believes would
accurately reflect the market for the security.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposal will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. The proposed rule change will enable the
Exchange to incorporate the listing market's quotation into its
calculation of the midpoint of the NBBO, resulting in a re-

opening price that would more closely reflect the opening market prices
and conditions for that security. Therefore, the Exchange believes the
proposed rule change will promote competition by enhancing the quality
of the Exchange's opening process.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that waiver of the 30-day operative delay would allow market
participants to immediately realize the benefits of what may be more
accurate re-opening prices. Based on the foregoing, the Commission
believes the waiver of the operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BatsBYX-2016-13 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File No. SR-BatsBYX-2016-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BatsBYX-2016-13, and should be
submitted on or before July 7, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14206 Filed 6-15-16; 8:45 am]
 BILLING CODE 8011-01-P