1593ss08

28

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal)

1. Identification of the Information Collection

1(a) Title of the Information Collection

Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal), EPA ICR Number 1593.08, OMB Control Number 2060-0318

1(b) Short Characterization/Abstract

The Air Emission Standards for Tanks, Surface Impoundments and Containers (40 CFR part 264, subpart CC, and 40 CFR part 265, subpart CC) were proposed on July 22, 1991 (56 FR 33490), and promulgated on December 6, 1994 (59 FR 62896). Amendments to this subpart were added on November 25, 1996 (61 FR 59931). The requirements of this subpart apply to owners and operators of all facilities that treat, store, or dispose of hazardous wastes in tanks, surface impoundments, and containers that are subject to subparts I, J, or K of these parts except for sections 264.1, 265.1, and those management units identified at sections 264.1080(b) and 265.1080(b). Also, the requirements of this subpart apply to large quantity generators that manage hazardous wastes in either tanks or containers [section 262.34(a)(1)(i and ii)].

The Resource Conservation and Recovery Act (RCRA), subpart CC, requires controls for minimizing the release of volatile organic air emissions from tanks, surface impoundments, and containers holding hazardous waste. Records and reports are necessary to determine that the standards are implemented and maintained to protect human health and the environment. All reports are sent to the delegated state. In the event that there is no delegated authority, the reports are sent directly to the United States Environmental Protection Agency (EPA) regional office. The data collected by the affected facility is retained at the facility for a minimum of three years.

The potential number of respondents subject to these regulations is 6,209 over the next three years. This number was derived by the following methodology. It was estimated during rule development that 70 percent of treatment, storage, and disposal facilities (TSDFs) and 25 percent of large quantity generators (LQGs) would be subject to RCRA subpart CC requirements.

Based on information obtained from the RCRA Info database, there are 2,393 TSDFs and 18,135 LQGs. The regulated universe is the sum of applicable TSDFs and LQGs. Therefore, the following applies:

70% of 2,393 = 1,675 (TSDFs subject to RCRA subpart CC)

25% of 18,135 = 4,534 (LQGs subject to RCRA subpart CC)

1,675 + 4,534 = 6,209 respondents subject to RCRA subpart CC.

Based on our consultations with industry representatives, there is an average of 1 affected facility at each plant site, and each plant site has only one respondent (i.e., the owner/operator of the plant site).

We have determined that there are an estimated 6,209 respondents currently subject to this rule. It is estimated that no additional sources will become subject to the standard over the next three years.

All of the TSDFs and LQGs facilities in the United States are owned and operated by the TSDF and LQG industry (the “Affected Public”). None of the facilities in the United States are owned by state, local, or tribal government. They are all privately owned for-profit businesses. The burden to the “Affected Public” is listed below in Table 1: Annual Respondent Burden and Cost - Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal). The Federal government burden associated with the review of reports submitted by the respondent is shown below in Table 2: Average Annual EPA Burden - Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

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

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

Organic air emissions from hazardous waste TSDFs can contain toxic chemical compounds. Cancer and other adverse non-cancerous human health effects can result from exposure to these emissions. Also, organic air emissions from TSDFs react photo-chemically with other compounds in the atmosphere to form ozone. Excessive ambient ozone concentrations are a major air quality problem in many cities throughout the United States. Nationwide organic air emissions from TSDFs are estimated to be approximately 1 million megagrams per year.

In 1984, Congress passed the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) of 1976. Section 3004(n) of HSWA directs the EPA to promulgate regulations for the monitoring and control of air emissions from TSDFs as may be necessary to protect human health and the environment. Recommended standards have been developed by the EPA under the authority of sections 3002 and 3004 of RCRA to reduce organic air emissions from certain TSDF tanks, surface impoundments, and containers, as well as certain hazardous waste generator accumulation tanks.

The experience of the EPA in implementing and enforcing New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) promulgated under authority of the Clean Air Act has demonstrated that certain information must be collected to ensure compliance with air emission standards. Information collection is needed by the EPA for this rulemaking to determine: a) whether a hazardous waste contains sufficiently low concentrations of volatile organics to allow the waste to be managed in a tank, surface impoundment, or container without the use of emission controls; and b) for units requiring emission controls, whether the controls are being properly operated and maintained.

2(b) Practical Utility/Users of the Data

The recommended standards are applicable to treatment, storage and disposal facilities (TSDF) subject to the existing RCRA subtitle C permitting requirements. The standards require organic emission control equipment to be used on permitted and interim-status TSDF tanks, surface impoundments, and containers that manage hazardous waste with an average volatile organic concentration at the point of waste generation greater than, or equal to 500 parts per million by weight (ppmw) on a mass-weighted average basis. In addition, the recommended standards are applicable to hazardous waste generators accumulating hazardous wastes in tanks and containers pursuant to conditions specified in 40 CFR part 262.34 (a). These units are exempt from RCRA subtitle C permitting requirements provided the waste generator accumulates waste in the unit for no more than 90 days and complies with the control requirements specified in 40 CFR part 265, subparts I and J.

The standards are not applicable to certain waste management units. For example, the requirements of the subpart CC standards do not apply to: 1) a tank, or surface impoundment in which an owner or operator stops adding hazardous waste and begins undergoing closure, or which is closed in accordance with existing RCRA regulations; 2) a container that has a design capacity less than 0.1 cubic meters (26.4 gallons); or 3) a tank, surface impoundment, or container that contains hazardous waste prior to the rule's effective date if no new hazardous waste is added to the unit on, or after the effective date.

Each owner or operator of an affected tank, surface impoundment, or container is required by the recommended standards to comply with the requirements summarized below.

i. Standards for Tanks

The owner or operator of a tank used to manage hazardous waste with a mass-weighted average volatile organic content greater than, or equal to 500 ppmw at the point of waste generation is required to install and use emission control equipment. The control equipment requirements are to install, operate, and maintain either a cover connected through a closed-vent system to a control device, an external floating roof, a fixed roof with an internal floating cover, or a pressure tank that operates with no detectable organic air emissions. An owner or operator is allowed to use a cover without a closed-vent system and control device on a tank that satisfies all of the following conditions: 1) the hazardous waste managed in the tank is not mixed, stirred, agitated, or circulated within the tank by the owner or operator using a process that results in splashing, frothing, or visible turbulent flow on the waste surface during normal process operations; 2) no waste fixating, heat-using (except the minimum heating required to prevent waste freezing, or to maintain adequate waste flow conditions for continuing normal process operations during cold weather), or heat generating process is conducted in the tank; and 3) either the tank capacity is less than 75 m³ (20,000 gallons) and the maximum organic vapor pressure is less than 76.6 kilopascals (kPa) [11.1 pounds per square inch (psi)], the tank capacity is less than

151 m³ (40,000 gallons), and the maximum organic vapor pressure is less than 27.6 kPa (4.0 psi), or the capacity of the tank is equal to, or greater than 151 m³ and the maximum organic vapor pressure is less then 5.2 kPa (0.75 psi).

ii. Standards for Surface Impoundments.

The owner or operator of a surface impoundment used to manage hazardous waste with a mass-weighted average volatile organic content greater than, or equal to 500 ppmw at the point of waste generation is required to install and use emission control equipment. The control equipment requirement is to install, operate, and maintain either a cover, or enclosure connected through a closed-vent system to a control device. An owner or operator is allowed to use a contact cover (e.g., floating membrane cover) without a closed-vent system and control device on a surface impoundment that satisfies all of the following conditions: 1) the hazardous waste managed in the surface impoundment is not mixed, stirred, agitated, or circulated within the surface impoundment by the owner or operator using a process that results in splashing, frothing, or visible turbulent flow on the waste surface during normal process operations; and 2) no waste fixating, heat treating, or heat-generating process is conducted in the surface impoundment.

iii. Standards for Containers.

The owner or operator of a container used to manage hazardous waste with a mass-weighted average volatile organic content greater than, or equal to 500 ppmw is required to use the following procedures. The owner or operator must place the hazardous waste either into a container equipped with a cover that operates with no detectable organic air emissions when all openings are secured in a closed, sealed position; or a container having a design capacity less than, or equal to 0.42 m³ (110 gallons) that complies with all applicable Department of Transportation regulations for packaging hazardous waste for transport under 49 CFR part 178; or a container that is attached to, or forms a part of any truck, trailer, or railcar, and has been tested for organic vapor tightness within the preceding 12 months in accordance with EPA Method 27. A container is required to be covered except when waste is being added, removed, inspected, or sampled, or the container is vented in accordance with good engineering and safety practices for handling flammable, combustible, explosive, or other hazardous materials. A loading operation conducted by pumping into a container having a design capacity greater than, or equal to 0.42 m³ (110 gallons) must be performed using a conveyance system that uses a tube (e.g., pipe, or hose) to add waste into the container below the waste surface, or within 15.2 cm (6 inches) of the bottom of the container. A container used for waste fixation is required (during the fixation process) to be located in an enclosure with a closed-vent system that is operating with sufficient airflow to capture and route all organic vapors vented from the container to a control device. The enclosure may have permanent, or temporary openings, but must be maintained at a pressure below atmospheric pressure such that whenever an open container is placed inside the enclosure, no organic vapors released from the container exit through the openings.

iv. Standards for Closed-Vent Systems and Control Devices.

The requirements under the recommended subpart CC standards for an individual closed-vent system with control device are identical to those already applicable to TSDF owners, and operators under subpart AA in 40 CFR parts 264 and 265. The subpart AA standards were promulgated in June 1990, and require TSDF owners and operators to use closed-vent systems and control devices to control organic air emissions from process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, and air, or steam stripping operations at a TSDF.

v. Waste Determinations.

If an owner or operator chooses to determine that a particular tank, surface impoundment, or container is not subject to specific control requirements on the basis of the volatile organic concentration at the point of waste generation, or organic vapor pressure of the hazardous waste being managed in the unit, the owner or operator is required to perform periodic waste determinations. Either direct measurement or evaluation of the waste is used to determine that a waste contains a mass-weighted average concentration at the point of waste generation of less than 500 ppmw volatile organics, or is below the organic vapor pressure limit.

Direct measurement of the waste volatile organic concentration, or organic liquid vapor pressure is performed using EPA reference test methods. An evaluation of the waste must demonstrate conclusively that the waste volatile organic concentration, or organic vapor pressure is below the specified limit under all conditions. For example, a company that generates a hazardous waste as a result of manufacturing a product could provide the EPA with evidence that no volatile organic chemicals are used in the manufacturing process.

The waste determination for a waste generated as a continuous flow needs to be performed initially before the first time any portion of the hazardous waste is placed in a unit subject to the final standards and repeated at least annually. In addition, the owner or operator is required to perform a new waste determination whenever changes to the process generating, or treating the hazardous waste could potentially cause the average volatile organic concentration to increase to, or above 500 ppmw, or cause the treatment process performance to decline below the minimum efficiency requirements specified in the rule. For a hazardous waste that is generated as a discrete quantity of material from a batch process, sequenced, or intermittent operation, or non-continuous source, the waste determination must be performed for each discrete quantity of hazardous waste generated before the waste is placed in a waste management unit not controlled for organic air emissions.

vi. Monitoring and Inspection Requirements.

To ensure that emission control equipment is properly operated and maintained, the recommended standards require the owner or operator to include certain emission control equipment items as part of the inspections the owner or operator already is conducting to comply with existing RCRA standards (e.g., 40 CFR 264.195 for tanks, 40 CFR 264.254 for surface impoundments, 40 CFR 264.174 for containers). During the visual inspections, emission control equipment covers on tanks are to be checked semiannually by the facility workers to ensure that equipment is being used properly (i.e., covers are closed and latched except when an opening must be used in accordance with conditions specified in the rules) and that the equipment is being maintained in good condition (e.g., no visible holes, gaps, tears, or splits have developed in covers).

Continuous monitoring of control device operation is required under the rules. This involves the use of automated instrumentation to measure critical operating parameters that indicate whether the control device is operating correctly or is malfunctioning. Semiannual leak detection monitoring using EPA Reference Method 21 also is required for certain cover components to ensure gaskets and seals are in good condition, and for closed-vent systems to ensure all fittings remain leak-tight. In addition, each closed-vent system must be monitored for leaks using Reference Method 21 at least once per year.

vii. Recordkeeping Requirements.

To provide the EPA enforcement personnel with a means of verifying compliance with the recommended standards, the owner or operator is required to record certain information documenting emission control equipment performance and maintenance in the on-site facility operating logs or files. This information will be available for review by the EPA enforcement personnel during on-site compliance inspection. The information to be collected and recorded includes: the results of all waste determinations such as of volatile organic concentration at the point of generation and organic vapor pressure; waste determination documentation for units not using air emission controls in accordance with the rule control requirements; design specifications for closed-vent systems and control equipment inspection and control equipment; emission control equipment inspection and monitoring results; Reference Method 27 test results; control device exceedances and actions taken to remedy them; leak repairs; management of carbon removed from carbon adsorption systems, and identification of equipment fittings designated as difficult, or unsafe to monitor, or inspect.

At a facility where air emission control equipment required by the recommended rules cannot be in operation by the effective date, the owner or operator is required to prepare and record an implementation schedule for the air emission control equipment. The implementation schedule must specify dates by which progress will be completed by the facility owner or operator that demonstrates and ensures the required air emission controls are in operation no later than three years after promulgation of the rules.

Consistent with 40 CFR sections 264.73 and 265.73, the recommended standards require that all records be maintained in the facility operating record until facility closure except records and results of inspections and monitoring, which need to be kept for at least three years from the date of entry.

viii. Reporting Requirements.

The recommended reporting requirements for the owner or operator of a TSDF are simple and straightforward. There are no reporting requirements for the owner or operator of an interim status TSDF. The owner or operator of a permitted TSDF is not required to submit any reports unless: 1) a control device malfunction is not corrected within 24 hours of detection; or 2) a hazardous waste with organic content at the point of waste generation that equals, or exceeds, the 500 ppmw mass-weighted average volatile organic concentration, or that has been treated by a process that fails to meet applicable general requirements in the recommended rule, is managed in a unit without proper emission controls. If any of these events (referred to as “exceedances”) occur, the owner or operator is required to maintain a record of the exceedance. For control device exceedance, the owner or operator is required to submit a written report to the EPA on a semiannual basis describing any exceedances that occurred during the past 6-month period, explain why each exceedance occurred, and what action was taken to return to compliance. For waste exceedances, the owner or operator is required to submit a written report to the EPA within 15 calendar days of the time that the owner or operator becomes aware of the circumstances explaining why the hazardous waste was not managed in accordance with the requirements of the standards.

For some TSDF tanks, an owner or operator is allowed to use either a fixed roof with an internal floating cover, or an external floating roof as an alternative to a cover vented to a control device. Reporting requirements for internal and external floating roofs require the owner or operator to notify the EPA at least 30 days prior to the filling of the empty tank to provide the EPA the opportunity to inspect the roof and seals for compliance with the standards prior to refilling. This requirement is necessary because the internal, or external roof seals can only be inspected when the tank is empty. Inspection is required initially and no more than once every five years for external floating roofs and 10 years for internal floating roofs.

The collected information will be used by the EPA enforcement personnel to ensure that the requirements of the recommended rules are being properly applied and that emission control devices are being properly operated and maintained on a continuous basis. In addition, records and reports are necessary to enable the EPA to identify TSDF owners or operators that may not be operating in compliance with the standards. The reported information is used by the EPA to target TSDFs for inspection and identify what records, or waste management units should be inspected at the TSDF. The information that TSDF owners or operators are required to maintain is recorded in sufficient detail to enable owners or operators to demonstrate their means of complying with the applicable standards. The data collected by the affected facility is retained at the facility for a minimum of three years. In addition, the information collected from the recordkeeping and reporting requirements is of sufficient quality to be used as evidence in court.

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

The requested recordkeeping and reporting are required under 40 CFR parts 264 and 265.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted their 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. Therefore, no duplication exists.

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 (75 FR 30813) June, 2010. No comments were received on the burden published in the Federal Register.

3(c) Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data sources and projections of industry growth over the next three years have been considered. The primary source of information as reported by industry is the Online Tracking Information System (OTIS) which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and retrieval of all compliance data. The growth rate for the industry is based, in part, with our consultations with the Agency’s internal industry experts. We have also contacted the Office of Civil Enforcement, RCRA Enforcement Division.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed. In developing this ICR, we contacted the American Chemistry Council (ACC) at (703) 741-6050, and the Synthetic Organic Chemical Manufacturing Association (SOCMA) at (202) 721-4100.

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

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records, including reports and notifications for at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five-year records retention requirement is consistent with the Part 70 permit program and the five-year statute of limitations on which the permit program is based. The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance, and to determine the appropriate level of enforcement action. EPA has found that the most flagrant violators have violations extending beyond the five years. Without the five-year record retention, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are facilities that treat, store, or dispose of RCRA Subtitle C hazardous waste. The United States Standard Industrial Classification (SIC) codes which correspond to the North American Industry Classification System (NAICS) codes are listed below for each source category description.

40 CFR part 264, subpart CC, and 40 CFR part 265, subpart CC	SIC Codes	NAICS Codes
RCRA subpart CC- Standards of Performance for Air Emission Standards for Tanks, Surface Impoundments and Containers	20 thru 39 Series	31 thru 33 Series

4(b) Information Requested

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i) Data Items

In this ICR, all the data recorded or reported is required by the Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal)

A source must make the following reports:

Notifications
The owner or operator notifies the RA in writing that hazardous waste generated by an organic peroxide manufacturing process, or processes meeting the conditions of paragraph (d)(1) of this section are managed at the facility in tanks, or containers meeting the conditions of paragraph (d)(2) of this section.	264.1080(d)(3)
Notwithstanding the exemption, the Stonewall Plant at Elkton, WV must still comply with 264.1085 and all that is referenced there including complying with 264.1087, 264.1089, and the part of 264.1090 applicable to surface impoundments and/or closed-vent systems and control devices.	264.1080(e)(2)
The Sistersville, WV plant shall provide to the EPA and WVDEP written notification of the actual date of initial startup of the thermal incinerator, and commencement of the methanol recovery operation.	264.1080(f)(2)(i)(B)
Prior to each inspection of the internal floating roof the owner or operator shall notify the RA in advance of each inspection to provide the RA with the opportunity to have an observer present during the inspection.	264.1084(e)(3)(iv) 265.1085(e)(3)(iv)
Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the RA at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in paragraph (e)(3)(iv)(B) of this section.	264.1084(e)(3)(iv)(A) 265.1085(e)(3)(iv)(A)
When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the RA as soon as possible, but no later than 7 calendar days before refilling of the tank.	264.1084(e)(3)(iv)(B) 265.1085(e)(3)(iv)(B)

Reports
The reporting requirements of 264.1090 are applicable to the Sistersville, WV plant and are applicable to surface impoundments and closed-vent systems with control devices associated with surface impoundments.	264.1080(f)(1)(iv)
The Sistersville, WV plant shall comply with the reporting requirements of paragraphs 264.1080(f)(2)(viii)(A) through (G) of this section.	264.1080(f)(1)(viii)
Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls as specified under 40 CFR 264.1082(c) shall report to the RA each occurrence when hazardous waste is placed in a waste management unit in noncompliance with 40 CFR 264.1082(c)(1), or (c)(2) of this part, as applicable. The owner or operator shall submit a written report within 15 calendar days of the time that they become aware of the occurrence.	264.1090(a)
Each owner or operator using air emission controls on a tank in accordance with 40 CFR 264.1084(c) of this subpart shall report to the RA each occurrence when hazardous waste is managed in a tank in noncompliance with 40 CFR 264.1084(b) of this subpart. The owner or operator shall submit a written report within 15 calendar days of the time that they become aware of the occurrence.	264.1090(b)
Each owner or operator using control device in accordance with 40 CFR 264.1087 of this subpart shall submit a semiannual report to the RA.	264.1090(c)
A report to the RA in accordance with the requirements of paragraph (c) of this section is not required for a 6-month period during which all control devices subject to this subpart are operated by the owner or operator such that: (1) During no period of 24 hours, or longer did a control device operate continuously in noncompliance with the applicable operating values defined in 264.1035(c)(4); and (2) No flare was operated with visible emissions for 5 minutes, or longer in a 2-hour period, as defined in 264.1033(d).	264.1090(d)

A source must keep the following records:

Recordkeeping
The owner or operator must keep a written operating record of his facility.	264.73, 265.73
The requirements of this subpart, except for the recordkeeping requirements specified in 264.1089(i) of this subpart, are administratively stayed for a tank, or container used for the management of hazardous waste generated by organic peroxide manufacturing. The requirements of this subpart, except for the recordkeeping requirements specified in 264.1090(i) of this subpart, are administratively stayed for a tank, or container used for the management of hazardous waste generated by organic peroxide manufacturing.	264.1080(d) 265.1080(d)
The owner or operator prepares documentation in accordance with 264.1089(i) of this subpart, explaining why an undue safety hazard would be created if air emission controls specified in 264.1084 through 264.1087 of this subpart are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process, or processes meeting the conditions of paragraph (d)(1) of this section. The owner or operator prepares documentation in accordance with 264.1090(i) of this subpart, explaining why an undue safety hazard would be created if air emission controls specified in 264.1085 through 264.1088 of this subpart are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process, or processes meeting the conditions of paragraph (d)(1) of this section.	264.1080(d)(2), 265.1080(d)(2)
The Sistersville, WV plant shall keep on-site, up to date records of the information described in paragraphs (f)(2)(ii)(C)(1) through ((f)(2)(ii)(C)(4) of this section.	264.1080(f)(2)(ii)(C), 265.1080(f)(2)(ii)(C)
The Sistersville, WV plant shall develop and implement a startup plan as required by the provisions set forth in paragraph (f)(2)(ii)(D) of this section.	264.1080(f)(2)(ii)(D)(1), 265.1080(f)(2)(ii)(D)(1)
The Sistersville, WV plant shall maintain a record of the defect repair in accordance with the requirements specified in paragraph (f)(2)(iii)(D) of this section.	264.1080(f)(2)(iii)(C)(3)(ii) 265.1080(f)(2)(iii)(C)(3)(ii)
The Sistersville, WV plant shall keep on-site up to date readily accessible records of the inspections and repairs required to be performed by paragraph (f)(2)(iii) of this section.	264.1080(f)(2)(iii)(D), 265.1080(f)(2)(iii)(D)
The Sistersville, WV plant shall record the dates and times during which the capper unit and the condenser are operating.	264.1080(f)(2)(iv)(B)(3) 265.1080(f)(2)(iv)(B)(3)
The Sistersville, WV plant shall keep on-site up to date records of the parameters specified to be monitored under paragraph (f)(2)(iv)(B) of this section.	264.1080(f)(2)(iv)(C) 265.1080(f)(2)(iv)(C)
The Sistersville, WV plant shall keep on-site up to date readily accessible records of the amounts of collected methanol directed to reuse, recovery, thermal recovery/treatment and biotreatment necessary for the measurements required under paragraph 264.1080(f)(2)(iv)(B) of this section. The Sistersville, WV plant shall keep on-site up to date readily accessible records of the amounts of collected methanol directed to reuse, recovery, thermal recovery/treatment and biotreatment necessary for the measurements required under paragraph 265.1080(f)(2)(iv)(B) of this section.	264.1080(f)(2)(v)(C), 265.1080(f)(2)(v)(C)
The Sistersville, WV plant shall maintain on-site each record required by paragraph 264.1080(f)(2) of this section through the MON compliance date. The Sistersville, WV plant shall maintain on-site each record required by paragraph 265.1080(f)(2) of this section through the MON compliance date.	264.1080(f)(2)(vii) 265.1080(f)(2)(vii)
Within 30 days of the date the Sistersville Plant receives written notice of the revocation under paragraph (f)(3)(iv) of this section, the Sistersville Plant shall enter and maintain in the facility operating record an implementation schedule.	264.1080(g)(1)(ii), 265.1080(g)(1)(ii)
Perform initial inspection of the fixed roof and its closure devices on, or before the date that the tank becomes subject to this section and, thereafter, at least once per year.	264.1084(c)(4)(ii), 265.1085(c)(4)(ii)
Maintain a record of the inspection required by 264.1084(c)(4)(ii) in accordance with the requirements in 264.1089(b) of this subpart. Maintain a record of the inspection required by 264.1085(c)(4)(ii) in accordance with the requirements in 265.1090(b) of this subpart.	264.1084(c)(4)(iv), 264.1085(c)(4)(iv)
The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 264.1089(b) of this subpart. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 265.1090(b) of this subpart.	264.1084(e)(3)(vi), 265.1085(e)(3)(vi)
The owner or operator shall perform measurements of the gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.	264.1084(f)(3)(i)(A), 265.1085(f)(3)(i)(A)
The owner or operator shall perform measurements of the gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.	264.1084(f)(3)(i)(B), 265.1085(f)(3)(i)(B)
The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 264.1089(b) of this subpart. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 265.1090(b) of this subpart.	264.1084(f)(3)(i)(F), 265.1085(f)(3)(i)(F)
The owner or operator shall perform an initial inspection of the external floating rook and its closure devices on, or before the date that the tank becomes subject to this standard. Thereafter, the owner or operator shall perform these inspections at least once every year.	264.1084(f)(3)(ii)(B), 265.1085(f)(3)(ii)(B)
The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 264.1089(b) of this subpart. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 265.1090(b) of this subpart.	264.1084(f)(3)(ii)(D), 265.1085(f)(3)(ii)(D)
Prior to each inspection of the external floating roof the owner or operator shall notify the RA in advance of each inspection to provide the RA with the opportunity to have an observer present during the inspection.	264.1084(f)(3)(iii), 265.1085(f)(3)(iii)
Prior to each inspection to measure external floating roof seal gaps as required under paragraph (f)(3)(i) of this section, written notification shall be prepared and sent by the owner or operator so that it is received by the RA at least 30 calendar days before the measurements are scheduled to be performed.	264.1084(f)(3)(iii)(A), 265.1085(f)(3)(iii)(A)
Prior to each visual inspection of the external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the RA at least 30 calendar days before refilling the tank, except when an inspection is not planned as provided for in paragraph (f)(3)(iii)(C) of this section.	264.1084(f)(3)(iii)(B), 265.1085(f)(3)(iii)(B)
When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the RA as soon as possible, but no later than 7 calendar days before refilling of the tank.	264.1084(f)(3)(iii)(C), 265.1085(f)(3)(iii)(C)
The owner or operator shall perform an initial inspection of the air emission control equipment on, or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform these inspections at least once every year.	264.1084(g)(3)(iii), 265.1085(g)(3)(iii)
The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 264.1089(b) of this subpart. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 265.1090(b) of this subpart.	264.1084(g)(3)(v), 265.1085(g)(3)(v)
The owner or operator who uses an enclosure vented through a closed-vent system to an enclosed combustion control device to control air pollution emission shall perform the verification procedure for the enclosure as specified in Section 5.0 to AProcedure T-Criteria for and Verification of a Permanent of Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually.	264.1084(i)(1), 265.1085(i)(1)
Prepare a written explanation for the cover stating the reasons why the cover is unsafe to inspect and monitor.	264.1084(l)(1)(i), 265.1085(l)(1)(i)
Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this subpart, as frequently as practicable during those times when a worker can safely access the cover.	264.1084(l)(1)(ii), 265.1085(l)(1)(ii)
The owner or operator shall perform an initial inspection of the floating membrane cover and its closure devices on, or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform these inspections at least once every year.	264.1085(c)(3)(ii), 265.1086(c)(3)(ii)
The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 264.1089(c) of this subpart. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 265.1090(c) of this subpart.	264.1085(c)(3)(iv), 265.1086(c)(3)(iv)
The owner or operator shall perform an initial inspection of the air emission control equipment on, or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform these inspections at least once every year.	264.1085(d)(3)(iii), 265.1086(d)(3)(iii)
The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 264.1089(c) of this subpart. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in 265.1090(c) of this subpart.	264.1085(d)(3)(v,) 265.1086(d)(3)(v)
Prepare a written explanation for the cover stating the reasons why the cover is unsafe to inspect visually, or to monitor if required.	264.1085(g)(1), 265.1086(g)(1)
Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures specified in the applicable section of this subpart as frequently as practicable during those times when a worker can safely access the cover.	264.1085(g)(2), 265.1086(g)(2)
When a hazardous waste is already in the container at the time the owner or operator first accepts possession of the container and the container is not emptied within 24 hours after the container is accepted the owner or operator shall visually inspect the container and its cover and closure devices.	264.1086(c)(4)(i), 264.1086(d)(4)(i), 265.1087(c)(4)(i), 265.1087(d)(4)(i)
When a container used for managing hazardous waste remains at the facility for a period of one year, or more the owner or operator shall visually inspect the container and its cover and closure devices initially and, thereafter, at least once every 12 months.	264.1086(c)(4)(ii), 264.1086(d)(4)(ii), 265.1087(c)(4)(ii), 265.1087(d)(4)(ii)
The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 cubic meters, or greater, which do not meet the DOT regulations as specified in paragraph (f) of this section, are not managing hazardous waste in light material service.	264.1086(c)(5), 265.1087(c)(5)
Owners or operators that use Container Level 3 controls in accordance with the provisions of this subpart shall prepare and maintain the records specified in 264.1089(d) of this subpart. Owners or operators that use Container Level 3 controls in accordance with the provisions of this subpart shall prepare and maintain the records specified in 264.1089(d) of this subpart.	264.1086(e)(5), 265.1087(e)(5)
For closed-vent systems and control devices: the closed-vent system joints, seams, or other connections that are permanently, or semi-permanently sealed, shall be visually inspected at least once per year.	264.1033(l)(1)(ii)(A)
Closed vent components, or connections other than those specified in paragraph (l)(1)(ii)(A) of this section shall monitor annually and at other times specified by the RA.	264.1033(l)(1)(ii)(B)
For closed-vent systems and control devices that operate at pressure below atmospheric pressure: the owner or operator shall perform an initial inspection of the closed vent system on, or before the system becomes subject to this section, and at least once per year.	264.1033(l)(2)(ii)
The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in 264.1035 of this subpart.	264.1033(l)(2)(iv)
The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in 264.1035 of this subpart.	264.1033(l)(3)(iv)
The owner or operator using a carbon adsorption system to control air pollution emissions shall document the proper disposal of spent hazardous carbon.	264.1034(n)
The owner or operator shall demonstrate compliance with the requirement that period of planned routine maintenance of the control device, during which the control device does not properly control emissions as required by 264.1087(c)(1), shall not exceed 240 hours, by recording the information specified in 264.1089(e)(1)(v). The owner or operator shall demonstrate compliance with the requirement that period of planned routine maintenance of the control device, during which the control device does not properly control emissions as required by 265.1088(c)(1), shall not exceed 240 hours, by recording the information specified in 265.1090(e)(1)(v).	264.1087(c)(2)(iv), 265.1088(c)(2)(iv)
The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under 40 CFR 264.15. The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under 40 CFR 265.15.	264.1088(b), 265.1089(b)
Each owner or operator of a facility subject to the requirements of this subpart shall record and maintain the information specified in paragraphs (b) through (j) of this section.	264.1089(a), 265.1090(a)
The owner or operator of a tank using air emission controls in accordance with the requirements of 264.1084 of this subpart shall prepare and maintain records. The owner or operator of a tank using air emission controls in accordance with the requirements of 265.1085 of this subpart shall prepare and maintain records.	264.1089(b), 265.1090(b)
The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of 264.1085 of this subpart shall prepare and maintain records for the surface impoundment. The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of 265.1086 of this subpart shall prepare and maintain records for the surface impoundment.	264.1089(c), 265.1090(c)
The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of 264.1086 of this subpart shall prepare and maintain records. The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of 265.1087 of this subpart shall prepare and maintain records.	264.1089(d), 265.1090(d)
The owner or operator using a closed-vent system and control device in accordance with the requirements of 264.1087 of this subpart shall prepare and maintain records. The owner or operator using a closed-vent system and control device in accordance with the requirements of 265.1088 of this subpart shall prepare and maintain records.	264.1089(e), 265.1090(e)
The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of 264.1082(c) of this subpart shall prepare and maintain records. The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of 265.1083(c) of this subpart shall prepare and maintain records.	264.1089(f), 265.1090(f)
An owner or operator designating a cover as “unsafe to inspect and monitor” pursuant to 264.1084(l), or 264.1085(g) of this subpart shall record in a log kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as Aunsafe to inspect and monitor,” the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover. An owner or operator designating a cover as “unsafe to inspect and monitor” pursuant to 265.1085(l), or 265.1086(g) of this subpart shall record in a log kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as “unsafe to inspect and monitor,” the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.	264.1089(g), 265.1090(g)
The owner or operator of a facility that is subject to this subpart and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this subpart by documenting either pursuant to this subpart, or pursuant to the provisions of 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 and 61 duplicates the documentation required by this section.	264.1089(h), 265.1090(h)
For each tank or container not using air emission controls specified in 264.1084 through 264.1087 of this subpart in accordance with the conditions specified in 264.1080(d) of this subpart shall record and maintain the following information: (1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in 264.1080(d)(1). (2) A description of how the hazardous waste containing the organic peroxide compounds identified in paragraph (i)(1) are managed at the facility in tanks and containers. (3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in paragraph (i)(1) of this section in the tanks and containers as described in paragraph (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under 264.1084 through 264.1087 of this subpart, are installed and operated on these waste management units. For each tank, or container not using air emission controls specified in 265.1085 through 265.1088 of this subpart in accordance with the conditions specified in 265.1080(d) of this subpart shall record and maintain the following information: (1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in 265.1080(d)(1) (2) A description of how the hazardous waste containing the organic peroxide compounds identified in paragraph (i)(1) are managed at the facility in tanks and containers. (3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in paragraph (i)(1) of this section in the tanks and containers as described in paragraph (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under 265.1085 through 265.1088 of this subpart, are installed and operated on these waste management units.	264.1089(i), 265.1090(i)
For each hazardous waste management unit not using air emission controls specified in 264.1084 through 264.1087 of this subpart in accordance with the requirements of 264.1080(b)(7) of this subpart, the owner and operator shall record and maintain the following information: (1) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. (2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or part 63 with which the waste management unit is in compliance. For each hazardous waste management unit not using air emission controls specified in 265.1085 through 265.1088 of this subpart in accordance with the requirements of 265.1080(b)(7) of this subpart, the owner and operator shall record and maintain the following information: (1) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. (2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or part 63 with which the waste management unit is in compliance.	264.1089(j), 265.1090(j)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records parameter data. Although personnel at the affected facility must still evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at a plant site.

Also, regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically. However, electronic reporting systems are not widely used. At this time, it is estimated that approximately zero percent of the respondents are reporting electronically.

(ii) Respondent Activities

Respondent Activities

Read instructions.

Sample waste stream and make waste determinations at the point of generation.

Install, calibrate, maintain, and operate floating roof, or vapor recovery system..

Take gap measurements, inspect primary and secondary roofs.

Write the notifications and reports listed above – 4(n)(i) Reports.

Enter information required to be recorded above – 4(b)(i) Recordkeeping.

Monitor and inspect cover fittings, roofing systems, closed-vent systems.

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.

Currently, sources are using monitoring equipment that provides parameter data in an automated way (e.g., continuous parameter monitoring system). Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

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

5(a) Agency Activities

EPA conducts 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, excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the OTIS.

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operational. Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.

Information contained in the reports is entered into OTIS which is operated and maintained by the EPA Office of Compliance. OTIS is the EPA database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities. EPA uses OTIS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices, and EPA headquarters. EPA delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for three years.

5(c) Small Entity Flexibility

The majority of the respondents 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. The Agency considers these to be the minimum requirements needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden - Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

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 711,400 (Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the RCRA program, the previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

This ICR uses the following labor rates:

Managerial $114.49 ($54.52 + 110%)

Technical $98.20 ($46.76 + 110%)

Clerical $48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2009, ”Table 2. Civilian Workers, by Occupational and Industry group.” The rates are from column 1, ”Total Compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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

The type of industry costs associated with the information collection activities in the subject standard are labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/startup costs are one-time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage.

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

Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A) Continuous Monitoring Device	(B) Capital/ Startup Cost for One Respondent	(C) Number of New Respondents	(D) Total Capital/ Startup Cost (B X C)	(E) Annual O&M Costs for One Respondent	(F) Number of Respondents with O&M	(G) Total O&M, (E X F)
Organic emission control equipment	N/A	N/A	N/A	$2,000	6,209	$12,418,000
Total						$12,418,000

The total capital/startup costs for this ICR are zero. This is the total of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are $12,418,000. This is the total of column G.

The average annual cost for capital/startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $12,418,000.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported information. The EPA compliance and enforcement program includes activities such as: the examination of records maintained by the respondents; periodic inspection of sources of emissions; and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $338,310.

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

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%)

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010 General Schedule, which excludes locality, rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden - Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

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

Based on our research for this ICR, on average over the next three years, approximately 6,209 respondents will be subject to the standard. It is estimated that no new respondents per year will become subject. The respondents will provide approximately 6,241 responses. The calculations for the number of respondents and the number of responses follow:

It is estimated during rule development that 70 percent of treatment storage and disposal facilities (TSDFs) and 25 percent of large quantity generators (LQGs) would be subject to RCRA subpart CC requirements. The regulated universe is the sum of applicable TSDFs and LQGs. Therefore, the following applies:

Regulated Universe

70% of 2,393 = 1,675 (TSDFs subject to RCRA subpart CC)

25% of 18,135 = 4,534 (LQGs subject to RCRA subpart CC)

1,675 + 4,534 = 6,209 respondents subject to RCRA subpart CC.

Semiannual Reporting

It is assumed that 0.5 percent of control devices malfunction resulting in the need for a semiannual report. The Sistersville Plant XL project always reports semiannually.

0.5% of 6,209 = 31

31 + Sistersville Plant = 32 (Semiannual Reports)

Other Reports

For exceedances it is assumed that 1 percent of waste determination results in exceedance annually. This would result in the need for a report to EPA within 15 calendar days. Therefore, 1 percent of the regulated universe would submit a report to EPA within 15 calendar days, once per year.

1% of 6,209 = 62 (Report to EPA within 15 calendar days, once per year)

Notification Reports

It is assumed that 10 percent of internal floating roofs and 20 percent of external floating roofs will require notifications annually. One facility notifies EPA that they will use the hydrogen peroxide management exemption (40 CFR 264.1080(d) and 40 CFR 265.1080(d).

10% of 6,209 = 621

20% of 6,209 = 1,242

1,242 + 621 = Facility using hydrogen peroxide exemption = 1,864 (Notification Reports)

1,864 = 62 = 1,926 (Annual Reports)

1,926 + 32 = 1,958 (Number of existing respondents that submit reports)

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

Number of Respondents
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	1,958	4,251	0	6,209
2	0	1,958	4,251	0	6,209
3	0	1,958	4,251	0	6,209
Average	0	1,958	4,251	0	6,209

To avoid double-counting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three-year period of this ICR is 6,209.

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 reports	1,864	1	0	1,864
Semiannual report	32	2	0	64
Other report	62	1	0	62
Recordkeeping requirements	0	0	4,251	4,251
Total Number of Annual Responses			Total	6,241

The number of Total Annual Responses is 6,241.

The total annual labor costs are $68,290,869. Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

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, and summarized below.

(i) Respondent Tally

The total annual labor hours are 711,400. Details regarding these estimates may be found below in Table1. Annual Respondent Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 114 hours (rounded) per response.

The total annual capital/startup and Operation and Maintenance (O&M) costs to the regulated entity are $12,418,000.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 7,507 labor hours at a cost of $338,310. See below Table 2: Annual Agency Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

6(f) Reasons for Change in Burden

There is no change in the number of affected facilities or the number of responses as compared to the previous ICR.

There is however, a small decrease in the estimated labor burden hours as currently identified in the OMB Inventory of Approved Burdens. The decrease is not due to any program changes. The change in the labor burden hours occurred because the previous ICR rounded their calculations, and this renewal did not. There is an increase in the cost estimates as compared to the previous ICR. The change in the cost estimates was caused by the updated labor rates, which resulted in an increase in the labor costs.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 114 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-2010-0370. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the content of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search” than key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, N.W., 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 (202) 566-1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is (202) 566-1752. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N.W., Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2010-0370 and OMB Control Number 2060-0318 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 – Air Emission Standards for Tanks, Surface Impoundments and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (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) Total Cost Per year b
1. Applications	N/A
2. Survey and Studies	N/A
3. Reporting requirements
a. Read rule and instructions c	4	1	4	6,209	24,836	1,241.8	2,483.6	$2,701,597.99
b. Required activities	N/A
c. Create information	N/A
d. Gather existing information	1	1	1	6,209	6,209	310.45	620.9	$675,399.50
e. Write report
i. Annual project report d	1	1	1	1	1	0.05	0.1	$108.77
ii. Final project report d	1	0	0	1	0	0	0	$0
iii. Report required by 264.1080(f)(2)(viii)(F) d	1	0	0	1	0	0	0	$0
iv. Semiannual report e	1	2	2	32	64	3.2	6.4	$6,961.76
v. Report to EOA within 15 calendar days of waste determination exceedance f	1	2	2	62	124	6.2	12.4	$13,488.41
vi. Notify EPA/WVDEP 60 days in advance for performance test of incinerator	1	0	0	1	0	0	0	$0
vii. Performance test results report for Sistersville Plant	1	0	0	1	0	0	0	$0
viii. Notification regarding hydrogen peroxide management g	1	1	1	1	1	0.05	0.1	$108.77
ix. Notify RA 30 days in advance of any gap measurements to be taken h	1	1	1	1,242	1,242	62.1	124.2	$135,101.66
x. Notify RA 30 days in advance of filling, or refilling tank i	1	1	1	621	621	31.05	62.1	$67,550.82
Subtotal for Reporting Requirements						38,062.7
4. Recordkeeping requirements
a. Recordkeeping for Sistersville, WV plant j
i. Prepare and record documentation that air emission control present undue hazard	1	1	1	1	1	0.05	0.1	$108.77
ii. Information going into annual report
a. Emission analysis	0.33	1	0.33	1	0.33	0.02	0.03	$36.15
b. Plant performance evaluation	0.33	1	0.33	1	0.33	0.02	0.03	$36.15
c. Description of anticipated problems	0.33	1	0.33	1	0.33	0.02	0.03	$36.15
iii. Startup/shutdown plan	1	0	0	1	0	0	0	$0
iv. Records of defect repair	0.5	2	1	1	1	0.05	0.1	$108.77
v. Records of the inspection and repair of the closed- vent system	0.5	2	1	1	1	0.05	0.1	$108.77
vi. Record dates and time that capper unit and condenser are operating	0.25	365	91	1	91	4.55	9.1	$9,898.75
vii. Record amount of methanol generated and recovered; and condenser temperature	0.25	365	91	1	91	4.55	9.1	$9,898.75
viii. Record of amount of methanol directed to reuse, recovery, thermal recovery/treatment and bio-treatment	0.25	365	91	1	91	4.55	9.1	$9,898.75
b. Read instructions c	4	1	4	6,209	24,836	1,241.8	2,483.6	$2,701,597.99
c. Plan activities k	16	1	16	6,209	99,344	4,967	9,934	$10,806,349.65
d. Implement activities
i. Waste determination for VO concentration at a point of origin
a. Waste determination once every 12 months	2	1	2	6,209	12,418	620.9	1,241.8	$1,350,798.99
ii. Waste determination for treated hazardous waste
a. Waste determination for batch process once every 12 months	2	1	2	6,209	12,418	620.9	1,241.8	$1,350,798.99
iii. Inspect and monitor each closed vent system l	0.08	365	29	3,105	90,045	4,502.25	9,004.5	$9,794,869.98
iv. Write and implement an inspection plan and place in facility inspection plan	4	1	4	0	0	0	0	$0
v. Inspect all coverings and monitor for initial detectable emissions, initial operation, using Method 21
a. Tanks	4	1	4	0	0	0	0	$0
b. Surface impoundments	5	1	5	0	0	0	0	$0
c. Containers	2	1	2	0	0	0	0	$0
vi. Inspect all coverings and monitor for detectable emissions at least once every 6 months using Method 21
a. Tanks (includes Method 27- transportation vehicles)	4	2	8	6,209	49,672	2,483.6	4,967.2	$5,403,195.98
b. Surface impoundments	5	2	10	119	1,190	59.5	119	$129,445.22
c. Containers	2	2	4	6,209	24,836	1,241.8	2,483.6	$2,701,597.99
vii. Owner/operator writes and implements plan with schedule to inspect unsafe covers	1	1	1	0	0	0	0	$0
viii. Owner/operator writes and implements plan with schedule to inspect difficult to inspect covers	1	1	1	0	0	0	0	$0
ix. Secondary seal inspection once a year	4	1	4	6,209	24,836	1,241.8	2,483.6	$2,701,597.99
x. Primary seal inspection once every 5 years m	4	1	4	1,242	4,968	248.4	496.8	$540,406.62
xi. General standards, record ID number of BIF, or incinerator used to treat waste	0.25	1	0.25	0	0	0	0	$0
xii. Tanks and unsafe covers, record list of ID numbers for tanks with unsafe covers explain why it’s unsafe and plan to inspect and monitor each cover	0.25	1	0.25	0	0	0	0	$0
xiii. Tanks with difficult to inspect covers, record list of ID numbers, explain why difficult and plan to inspect and monitor each cover	0.3	1	0.3	0	0	0	0	$0
e. Develop record system	16	1	16	0	0	0	0	$0
f. Time to enter information
i. Record each cover installed on a tank and certifies to its specifications	0.25	1	0.25	0	0	0	0	$0
ii. Record each floating membrane installed on a surface impoundment and certifies to its Specifications	0.25	1	0.25	0	0	0	0	$0
iii. Record each enclosure used to control air emissions and certifies to its specifications	0.25	1	0.25	0	0	0	0	$0
iv. Records for each closed vent and control device it is designed to operate at the performance level for tank, surface impoundments, or container	0.25	1	0.25	0	0	0	0	$0
v. Records all Method 27 tests performed by owner/ operator for each container	0.5	1	0.5	6,209	3,104.5	155.2	310.45	$337,706.20
vi. Records all visual inspections for each tank, surface impoundment and container, including covers	1	1	1	6,209	6,209	310.45	620.9	$675,399.50
Tanks with air emission controls:
vii. Records date of each attempts to repair leak, repair methods applied and date of successful repair	0.5	2	1	6,209	6,209	310.45	620.9	$675,399.50
viii. Records all continuous monitoring	0.25	365	91	621	56,511	2,825.55	5,651.1	$6,147,294.84
ix. Records management of carbon removed from a carbon absorption system	0.5	2	1	3,105	3,105	155.25	310.5	$337,763.45
x. Records date and time of each sample	0.25	2	0.5	6,209	3,104.5	155.2	310.45	$337,706.20
xi. Records results of each sample	0.25	2	0.5	6,209	3,104.5	155.2	310.45	$337,706.20
xii. Records tank dimensions and design capacity	0.3	1	1	0	0	0	0	$0
Tanks with alternative emission control (floating roofs):
xiii. Records in the facility operating plan of the internal floating roof	0.25	1	0.25	0	0	0	0	$0
xiv. Record the equipment design and certifies that it meets applicable requirements	0.25	1	0.25	0	0	0	0	$0
xv. Record each inspection, the tank, date, and what components were inspected	0.25	2	0.5	6,209	3,104.5	155.2	310.45	$337,706.20
a. If defects found, identify the tank and describe the repairs made	0.25	2	0.5	6,209	3,104.5	155.2	310.45	$337,706.20
xvi. Record in the facility operating plan the external floating roof	0.25	1	0.25	0	0	0	0	$0
xvii. Record the equipment design and certifies that it meets applicable requirements	0.25	1	0.25	0	0	0	0	$0
xviii. Record gap measurements of the tank, date of inspection, raw data and calculations	0.25	1	0.25	6,209	1,552.2	77.61	155.22	$168,849.09
a. If defects found, record the tank, date tank was emptied, or repairs make and the nature of repair	0.25	1	0.25	6,209	1,552.2	77.61	155.22	$168,849.09
xix. Continuous monitoring inspections
a. Closed-vent systems	4	1	4	6,209	24,836	1,241.8	2,483.6	$2,701,597.99
xx. Roof inspections/gap measurements:
a. Secondary seal inspection (once a year)	4	1	4	6,209	24,836	1,241.8	2,483.6	$2,701,597.99
b. Primary seal inspection (once every 5 years) n	4	0.2	0.8	1,242	993.6	49.7	99.36	$108,086.59
g. Train personnel
i. Waste determination methods	8	1	8	6,209	49,672	2,483.6	4,967.2	$5,403,195.98
ii. Control equipment inspection and monitor	8	1	8	6,209	49,672	2,483.6	4,967.2	$5,403,195.98
h. Audits	N/A
Subtotal for Recordkeeping Requirements						673,337.42
					618,609.4	30,930.18	61,860.54	$68,290,869.22
TOTAL LABOR BURDEN AND COST (rounded)						711,400.12 711,400 (rounded)		$68,290,869

Assumptions:

^a We have assumed that the average number of respondents that will be subject to this rule will be 6,209. There will be no new additional sources during the next three years of this ICR.

^b This ICR uses the following labor rates: $114.49 per hour for Executive, Administrative, and Managerial labor; $98.20 per hour for Technical labor, and $48.53 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, September, 2009, Table 2. Civilian Workers, by Occupational and Industry group. The rates are from column 1, Total Compensation. The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

^c We have assumed that all of the respondents will read the rule and instructions.

^d We have assumed that only the Sistersville, WV Plant XL Project will be reporting.

^e We have assumed that 0.5 percent of respondents will report control devices malfunction, resulting in exceedance annually (0.5% x 6,209=31), along with the Sistersville Plant XL project (1) always reports semiannually for a total of 31+1=32 semiannual reports.

^f We have assumed that 1 percent of waste determination will result in exceedance annually (1% x 6,209=62).

^g We have assumed that only one facility currently uses the exemption regarding hydrogen peroxide management located at 40 CFR 264.1080(d) and 40 CFR 265.1080(d).

^h We have assumed that 20 percent of the tank roofs will be inspected each year (external roof).

ⁱ We have assumed that 10 percent of respondents will empty and refill a tank (internal floating roof).

^j We assume recordkeeping only for the Sistersville, WV Plant XL Project.

^k We have assumed that it will take each respondent sixteen hours once per year to plan activities.

^l We have assumed that it will take 50 percent of respondent will be required on a daily basis to inspect and monitor each closed vent system.

^m We have assumed that 20 percent of respondents will take 4 hours once every five years to complete the primary seal inspection.

ⁿ We have assumed that 20 percent of tanks with alternative emission controls (floating roofs) will each take 4 hours 0.2 times per year, which equates to once every 5 years, to complete the primary seal inspection.

Total number of respondents subject to TSDF requirements = 2,393

70 percent subject to theses rules – 1,675

Total number of respondents subject to LQG requirements = 18,135

25 percent subject to these rules = 4,534

Total number of respondents = 6,209

1,675 TSDFs averaging 4 tanks and 15 containers subject to the regulations

4 tanks x 1,675 = 6,700

15 containers x 1,675 = 25,125

4,534 LQGs averaging 1 tank (25%), or 6 containers (75%) subject to the regulations

1 tank x 4,534 x 0.25 = 1,134

6 containers x 4,534 x 0.75 = 20,403

Total tanks subject = 5,742

Total containers subject = 36,499

10 percent of containers using cover and closed-vent system = 3,650

Total surface impoundments = 91

Respondents using Method 25D for waste determinations = 10%

Respondents reporting waste exceedances = 1%

Respondents reporting control device operating parameter exceedances = 0.5%

Average number of waste streams on-site - 10

Table 2: Average Annual EPA Burden - Air Emission Standards for Tanks, Surface Impoundments and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal)

Activity	(A) EPA person- hours per occurrence	(B) No. of occurrences per plant per year	© 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
1. Review report
a. Waste exceedance reports c	4	1	4	62	248	12.4	24.8	$12,852.48
b. Control device exceedance reports d	4	2	8	32	256	12.8	25.6	$13,267.08
c. Notification reports e	1	1	1	1,864	1,864	93.2	186.4	$96,600.86
2. Review Records
a. Select site an review permit	8	1	8	520	4,160	208	416	$215,589.92
Subtotals Labor and Burden and cost					6,528	326.4	652.8	$338,310.34
TOTAL ANNUAL BURDEN AND COST (rounded)					7,507.2 7,507 (rounded)			$338,310

Assumptions:

^a We have assumed that the average number of respondents that will be subject to this rule will be 6,209. There will be no new additional sources during the next three years of this ICR.

^b This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6), and $25.01 for Clerical (GS-6, Step 3, $15.63 x 1.6). These rates are from the Office of Personnel Management (OPM) 2010 General Schedule which excludes locality rates of pay.

^c Annual responses assume 1 percent of waste determination results in an exceedance (1% of 6,209 potential respondents).

^d Semiannual responses assumes 0.5% of control devices malfunction resulting in an exceedance (0.5% of 6,209 potential respondents), plus the Sistersville, WV Plant.

^e We have assumed that 10 percent of internal floating roof respondents (10% x 6,209 = 621), plus 20% of external roof respondents (20% x 6,209 = 1,242), and one facility using hydrogen peroxide exemption (621 + 1,242 + 1 = 1,864) will submit notification reports.

^f We have assumed that it will take respondents 8 hours once per year to review selected site and review permit records.