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

OMB: 2060-0318

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U.S. Environmental Protection Agency

Information Collection Request

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

OMB Control Number: 2060-0318

EPA ICR Number: 1593.12

Abstract: The Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC) were: proposed on July 22, 1991; promulgated on December 6, 1994; and amended on November 25, 1996. These rules were amended most-recently on January 3, 2018 (83 FR 420).1 These regulations apply to existing treatment, storage, and disposal facilities (TSDFs) that 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 these Subparts apply to large quantity generators (LQGs) that manage hazardous wastes in either tanks or containers [Section 262.34(a)(1)(i and ii)]. New facilities include those that commenced construction or reconstruction after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC.

These standards are applicable to TSDFs subject to the existing RCRA Subtitle C permitting requirements. These standards require organic emission control equipment to be used on permitted and interim-status TSDFs 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.

These 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.

In general, all air emission standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to Air Emission Standards.

Any owner/operator subject to the provisions of this part shall maintain a file containing these documents and Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 264, subpart A and 40 CFR 265, Subpart A), as well as for the specific requirements at 40 CFR part 264, Subpart CC and 40 CFR part 265, Subpart CC. This includes submitting initial notifications, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with these standards retain the file for at least three years following the generation date of such maintenance reports and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the U.S. Environmental Protection Agency (EPA) regional office.

All TSDFs and large quantity generators (LQGs) facilities in the United States are owned and operated by the TSDF and LQG industry (aka: the “Affected Public”). None of the facilities in the United States are owned by state, local, tribal or the Federal government. They are all owned and operated by privately-owned, for-profit businesses. We assume that they will all respond to EPA inquiries. The “burden” to the Affected Public 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). The Federal Government’s “burden” is attributed entirely to work performed by either Federal employees or government contractors and may be found below in Table 2: Average Annual EPA Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

Supporting Statement A

  1. NEED AND AUTHORITY FOR THE COLLECTION

Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate 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 megagram per year.

In 1984, Congress passed the Hazardous and Solid Waste Amendments (HSWA) to the 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 for 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.

  1. PRACTICAL UTILITY/USERS OF THE DATA

Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The recordkeeping and reporting requirements in these standards ensure compliance with the applicable regulations which were promulgated in accordance with the Clean Air Act. The collected information is also used for targeting inspections and as evidence in legal proceedings.

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

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 these 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.

  1. USE OF TECHNOLOGY

Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

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. Additionally, the amendments to 40 CFR Part 264, Subpart E and 40 CFR Part 265, Subpart E published on January 3, 2018 require facilities subject to 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC to submit hazardous waste manifests electronically through EPA’s e-Manifest system and pay a user fee. The increase in burden is covered under OMB Control No. 2050-0039 and is not included in this ICR.

  1. EFFORTS TO IDENTIFY DUPLICATION

Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own 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, duplication does not exist.

  1. MINIMIZING BURDEN ON SMALL BUSINESSES AND SMALL ENTITIES

If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

A 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.

  1. CONSEQUENCES OF LESS FREQUENT COLLECTION

Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

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

  1. GENERAL GUIDELINES

Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

  1. PUBLIC COMMENT AND CONSULTATIONS

8a. Public Comment

If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the Agency in response to these comments. Specifically address comments received on cost and hour burden.

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (88 FR 85883) on December 11, 2023. No comments were received on the burden published in the Federal Register for this renewal.

8. Consultations

Describe efforts to consult with persons outside the Agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The Agency has consulted industry experts and internal data sources to project the number of affected facilities and industry growth over the next three years. The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in these standards, is the Integrated Compliance Information System (ICIS). ICIS is EPA’s database for the collection, maintenance, and retrieval of compliance data for industrial and government-owned facilities. A search of the Agency’s ECHO database of sources subject to hazardous waste and Resource Conservation and Recovery Act requirements found 637 TSDFs with an ICIS Air ID within the NAICS codes of “31-33” series and 6,123 LQGs with an ICIS Air ID within the NAICS codes of “31-33” series. Based on this information, the Agency has revised the estimate of respondents subject to the standard over the three-year period covered by this ICR to 6,760, which represents an increase of 551 from the previous ICR. The growth rate for the industry is based on our consultations with the Agency’s internal industry experts.

Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with these standards as they were being developed and these same standards have been reviewed previously to determine the minimum information needed for compliance purposes. In developing this ICR, we contacted the American Chemistry Council and the Synthetic Organic Chemical Manufacturing Association.

  1. PAYMENTS OR GIFTS TO RESPONDENTS

Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

There are no payments or gifts associated with this collection of information.

  1. ASSURANCE OF CONFIDENTIALITY

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or Agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

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). EPA also will ensure that the information collection procedures comply with the Privacy Act of 1974 and the OMB Circular 108.

  1. JUSTIFICATION FOR SENSITIVE QUESTIONS

Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The reporting or recordkeeping requirements in these standards do not include sensitive questions.

  1. RESPONDENT BURDEN HOURS & LABOR COSTS

Provide estimates of the hour burden of the collection of information. The statement should:

  • Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Generally, estimates should not include burden hours for customary and usual business practices.

  • If this request for approval covers more than one form, provide separate hour burden estimates for each form and the aggregate the hour burdens.

  • Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included as O&M costs under non-labor costs covered under question 13.

12a. Respondents/NAICS 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 for the respondents affected by the standards and the corresponding North American Industry Classification System (NAICS) codes are shown in the following table:





Standards (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC)



SIC Codes



NAICS Codes

Manufacturing – All Categories

20XX – 39XX

31XXXX - 33XXXX

Hazardous Waste Treatment and Disposal

4953

562211



12b. Information Requested

In this ICR, all the data that is 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). A source must make the following reports:

Notifications

The owner or operator notifies the Regional Administrator (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)(2)(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.

§264.1080(d)


The requirements of this subpart, except for the recordkeeping requirements specified in §265.1090(i) of this subpart, are administratively stayed for a tank, or container used for the management of hazardous waste generated by organic peroxide manufacturing.

§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.

§264.1080(d)(2)

The owner or operator prepares documentation in accordance with §265.1090(i) of this subpart, explaining why an undue safety hazard would be created if air emission controls specified in §265.1085 through §265.1088 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.

§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 bio-treatment necessary for the measurements required under paragraph (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 (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.

§264.1084(c)(4)(iv)


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.

§264.1085(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.

§264.1084(e)(3)(vi)

The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in §265.1090(b) of this subpart.

§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.

§264.1084(f)(3)(i)(F)

The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in §265.1090(b) of this subpart.

§265.1085(f)(3)(i)(F)

The owner or operator shall perform an initial inspection of the external floating roof 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.

§264.1084(f)(3)(ii)(D)

The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in §265.1090(b) of this subpart.

§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.

§264.1084(g)(3)(v)

The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in §265.1090(b) of this subpart.

§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 Procedure T-Criteria for and Verification of a Permanent or 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.

§264.1085(c)(3)(iv)


The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in §265.1090(c) of this subpart.

§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.

§264.1085(d)(3)(v)


The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in §265.1090(c) of this subpart.

§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.

§264.1086(e)(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 §265.1090(d) of this subpart.

§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.

§264.1087(b)(4), §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.

§264.1087(b)(4), §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.

§264.1087(b)(4), §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.

§264.1087(b)(4), §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.

§264.1087(b)(4), §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.

§264.1087(b)(4), §264.1033(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).

§264.1087(c)(2)(iv)


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).

§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.

§264.1088(b)

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.

§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.

§264.1089(b)

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.

§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.

§264.1089(c)

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.

§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.

§264.1089(d)

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.

§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.

§264.1089(e)

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.

§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.

§264.1089(f)

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.

§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.

§264.1089(g)

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.

§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.

§264.1089(i)

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.

§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.

§264.1089(j)

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.

§265.1090(j)



12c. Respondent Activities

XXXX

12d. Respondent Burden Hours and Labor Costs

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 775,000 hours. The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Table 1 at the end of this document and summarized below.







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

Based on our research for this ICR, on average over the next three years, approximately 6,760 existing respondents will be subject to these standards. It is estimated that no additional respondents per year will become subject to these same standards. The overall average number of respondents, as shown in the table below, is 6,760 per year.

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



Number of Respondents






Respondents That Submit Reports



Respondents That Do Not Submit Any Reports









Year



(A)

Number of New Respondents a



(B)

Number of Existing Respondents b



(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

2,132

4,628

0

6,760


2

0

2,132

4,628

0

6,760


3

0

2,132

4,628

0

6,760


Average

0

2,132

4,628

0

6,760


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

b See the assumptions discussion below to determine the number of respondents that submit reports, including notifications, semiannual and other reports.

Column D is subtracted to avoid double-counting respondents. As shown above, the average Number of Respondents over the three-year period of this ICR is 6,760.

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 6,760= 33.8, rounded to 34

34 + Sistersville Plant = 35 (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. We also assumed that the Sisterville Plant XL project will submit an annual report.



(1% of 6,760 = 67.6, rounded to 68 (Report to EPA within 15 calendar days, once per year) + 1 annual report for the Sisterville Plant XL project = 69 (Other reports)).



Notification Reports

It is assumed that 10 percent of sources with internal floating roofs and 20 percent of sources with 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 6,760 = 676

20% of 6,760 = 1,352



676 + 1,352 + 1 facility using hydrogen peroxide exemption = 2,029 (Notification Reports))

Therefore, the total number of existing respondents that submit reports is 35 + 69 + 2,029 = 2,133.

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 report for internal and external floating roof

2,028

1

0

2,028

Notification of hydrogen peroxide management exemption

1

1

0

1

Semiannual report

35

2

0

70

Annual exceedance report

68

1

0

68

Annual Sisterville Plant project report

1

1

0

1

Recordkeeping requirements

0

0

4,628

4,628

Total

2,132 a



6,796

a In this total, the Sisterville plant is not counted twice.

The total annual labor costs are $111,000,000. Details regarding these estimates may be found at the end of this document 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).

  1. Respondent CAPITAL AND O&m CostS

Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

The cost estimate should be split into two components: (a) a total capital and start-up cost

component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should consider costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling, and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

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

$0

$0

$0

$2,000

6,760

$13,520,000


Total a



$0



$13,500,000


a Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

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 $13,500,000. These are the recordkeeping costs.

  1. AGENCY COSTS

Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

14a. Agency Activities

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

14b. Agency Labor Cost

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



Managerial $73.46 (GS-13, Step 5, $45.91 × 1.6)

Technical $54.51 (GS-12, Step 1, $34.07 × 1.6)

Clerical $29.50 (GS-6, Step 3, $18.44 × 1.6)

These rates are from the Office of Personnel Management (OPM), 2023 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to Federal government employees. Details upon which this estimate is based appear at the end of this document in Table 2: Average Annual EPA Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

The average annual Agency burden and cost over next three years is estimated to be 7,760 labor hours at a cost of $412,000; see below in Table 2: Average Annual EPA 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).

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

14c. Agency Non-Labor Costs

There are no non-labor costs for the Agency.

  1. REASONS FOR CHANGE IN BURDEN

Explain the reasons for any program changes or adjustments reported in the burden or capital/O&M cost estimates.

There is no change in burden hours or O&M costs with this renewal. There is an increase in labor costs due to an increase in labor rates.

  1. PUBLICATION OF DATA

For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

No results will be published.

  1. DISPLAY OF EXPIRATION DATE

If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

EPA is not seeking approval to not display the expiration date for OMB approval on the information collection

  1. CERTIFICATION STATEMENT

Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no exception to the topics of the certification statement.

Table 1: Average 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)

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
(F=Ex0.05)

(G)
Clerical person hours per year
(G=Ex0.1)

(H)
Total Cost Per Year ($)
b

1. Applications

N/A

 

 

 

 

 

 

 

2. Survey and Studies

N/A

 

 

 

 

 

 

 

3. Reporting requirements

 

 

 

 

 

 

 

 

A. Familiarize with regulatory requirements c

4

1

4

6,760

27,040

1,352

2,704

$3,921,056.88

B. Required activities

N/A

 

 

 

 

 

 

 

C. Create information

N/A

 

 

 

 

 

 

 

D. Gather existing information

1

1

1

6,760

6,760

338

676

$980,264.22

E. Write report

 

 

 

 

 

 

 

 

i. Annual project report d

1

1

1

1

1

0.05

0.1

$145.01

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

35

70

3.5

7.0

$10,150.67

v. Report to EOA within 15 calendar days of waste determination exceedance f

1

2

2

68

136

6.8

14

$19,721.29

vi. Notify EPA/WVDEP 60 days in advance for performance test of incinerator d

1

0

0

1

0

0

0

$0

vii. Performance test results report for Sistersville Plant d

1

0

0

1

0

0

0

$0

viii. Notification regarding hydrogen peroxide management g

1

1

1

1

1

0.05

0.1

$145.01

ix. Notify RA 30 days in advance of any gap measurements to be taken h

1

1

1

1,352

1,352

68

135

$196,052.84

x. Notify RA 30 days in advance of filling, or refilling tank i

1

1

1

676

676

34

68

$98,026.42

Reporting Subtotal

 

 

 

 

41,441

$5,225,562

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

$145.01

ii. Information going into annual report

 

 

 

 

 

 

 

 

(1) Emission analysis

0.33

1

0.33

1

0.33

0.02

0.03

$47.85

(2) Plant performance evaluation

0.33

1

0.33

1

0.33

0.02

0.03

$47.85

(3) Description of anticipated problems

0.33

1

0.33

1

0.33

0.02

0.03

$47.85

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

$145.01

v. Records of the inspection and repair of the closed-vent system

0.5

2

1

1

1

0.05

0.1

$145.01

vi. Record dates and time that capper unit and condenser are operating

0.25

365

91.25

1

91

4.6

9.1

$13,232.12

vii. Record amount of methanol generated and recovered; and condenser temperature

0.25

365

91.25

1

91

4.6

9.1

$13,232.12

viii. Record of amount of methanol directed to reuse, recovery, thermal recovery/treatment and bio-treatment

0.25

365

91.25

1

91

4.6

9.1

$13,232.12

B. Familiarize with regulatory requirements c

4

1

4

6,760

27,040

1,352

2,704

$3,921,056.88

C. Plan activities k

16

1

16

6,760

108,160

5,408

10,816

$15,684,227.52

D. Implement activities

 

 

 

 

 

 

 

 

i. Waste determination for VO concentration at a point of origin

 

 

 

 

 

 

 

 

(1) Waste determination once every 12 months

2

1

2

6,760

13,520

676

1,352

$1,960,528.44

ii. Waste determination for treated hazardous waste

 

 

 

 

 

 

 

 

(1) Waste determination for batch process once every 12 months

2

1

2

6,760

13,520

676

1,352

$1,960,528.44

iii. Inspect and monitor each closed vent system l

0.08

365

29.2

3,380

98,696

4,935

9,870

$14,311,857.61

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

 

 

 

 

 

 

 

 

(1) Tanks

4

1

4

0

0

0

0

$0

(2) Surface impoundments

5

1

5

0

0

0

0

$0

(3) 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

 

 

 

 

 

 

 

 

(1) Tanks (includes Method 27- transportation vehicles)

4

2

8

6,760

54,080

2,704

5,408

$7,842,113.76

(2) Surface impoundments

5

2

10

119

1,190

60

119

$172,561.31

(3) Containers

2

2

4

6,760

27,040

1,352

2,704

$3,921,056.88

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

6,760

27,040

1,352

2,704

$3,921,056.88

x. Primary seal inspection once every 5 years m

4

1

4

1,352

5,408

270

541

$784,211.38

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

6,760

3,380

169

338

$490,132.11

vi. Records all visual inspections for each tank, surface impoundment and container, including covers

1

1

1

6,760

6,760

338

676

$980,264.22

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

6,760

6,760

338

676

$980,264.22

viii. Records all continuous monitoring

0.25

365

91.25

676

61,685

3,084

6,169

$8,944,911.01

ix. Records management of carbon removed from a carbon absorption system

0.5

2

1

3,380

3,380

169

338

$490,132.11

x. Records date and time of each sample

0.25

2

0.5

6,760

3,380

169

338

$490,132.11

xi. Records results of each sample

0.25

2

0.5

6,760

3,380

169

338

$490,132.11

xii. Records tank dimensions and design capacity

0.3

1

0.3

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 meet 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

6,760

3,380

169

338

$490,132.11

(1) If defects found, identify the tank and describe the repairs that were made

0.25

2

0.5

6,760

3,380

169

338

$490,132.11

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

6,760

1,690

85

169

$245,066.06

(1) If defects found, record the tank, date tank was emptied, or repairs make and the nature of repair

0.25

1

0.25

6,760

1,690

85

169

$245,066.06

xix. Continuous monitoring inspections

 

 

 

 

 

 

 

 

(1) Closed-vent systems

4

1

4

6,760

27,040

1,352

2,704

$3,921,056.88

xx. Roof inspections/gap measurements:

 

 

 

 

 

 

 

 

(1) Secondary seal inspection (once a year)

4

1

4

6,760

27,040

1,352

2,704

$3,921,056.88

(2) Primary seal inspection (once every 5 years) n

4

0.2

0.8

1,352

1,082

54

108

$156,842.28

G. Train personnel

 

 

 

 

 

 

 

 

i. Waste determination methods

8

1

8

6,760

54,080

2,704

5,408

$7,842,113.76

ii. Control equipment inspection and monitor

8

1

8

6,760

54,080

2,704

5,408

$7,842,113.76

H. Audits

N/A

 

 

 

 

 

 

 

Recordkeeping Subtotal

 

 

 

 

733,882

$92,539,022

Total Labor Burden and Costs (Rounded) o

 

 

 

 

775,000

$97,800,000

Total Capital and O&M Costs (Rounded) o

 

 

 

 

 

 

 

$13,500,000

Grand Total (Rounded) o

 

 

 

 

 

 

 

$111,000,000










Assumptions:









a We have assumed that the average number of respondents that will be subject to this rule will be 6,760. There will be no new additional sources during the three year period of this ICR.

b This ICR uses the following labor rates: $163.17 per hour for Executive, Administrative, and Managerial labor; $130.28 per hour for Technical labor, and $65.71 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2023, “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 familiarize with the regulatory requirements each year.

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 6,760 = 34), along with the Sistersville Plant XL project (1) always reports semiannually for a total of 34 + 1 = 35 semiannual reports.

f We have assumed that 1 percent of waste determination will result in exceedance annually (1% x 6,760 = 67.6, rounded to 68).

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) (20% x 6,760 = 1,352).

i We have assumed that 10 percent of respondents will empty and refill a tank (internal floating roof) (10% x 6,760 = 676).

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 50 percent of respondent will be required on a daily basis to inspect and monitor each closed vent system (50% x 6,760 = 3,380).

m We have assumed that 20 percent of respondents will take 4 hours once every five years to complete the primary seal inspection. (20% x 6,760 = 1,352).

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. (20% x 6,760 = 1,352).

o Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.





Table 2: Average Annual EPA 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)










Activity

(A)
EPA person hours per occurrence

(B)
No. of occurrences per plant per year

(C)
EPA person hours per respondent per year
(C=AxB)

(D)
Plants per year
a

(E)
Technical person- hours per year
(E=CxD)

(F)
Management person hours per year
(F=Ex0.05)

(G)
Clerical person hours per year
(G=Ex0.1)

(H)
Total Cost Per Year ($)
b

A. Review report

 

 

 

 

 

 

 

 

1. Waste exceedance reports c

4

1

4

68

272

14

27

$16,628.18

2. Control device exceedance reports d

4

2

8

35

280

14

28

$17,117.24

3. Notification reports e

1

1

1

2,029

2,029

101

203

$124,038.86

4. Annual project report f

4

1

4

1

4

0.2

0.4

$244.53

B. Review Records

 

 

 

 

 

 

 

 

1. Select site and review permit g

8

1

8

520

4,160

208

416

$254,313.28

TOTAL (Rounded) h

 

 

 

 

7,760

$412,000










Assumptions:









a We have assumed that the average number of respondents that will be subject to this rule will be 6,760. There will be no new additional sources during the next three years of this ICR.

b The cost is based on the following labor rate which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses. Managerial rates of $73.46 (GS-13, Step 5, $45.91 × 1.6), Technical rate of $54.51 (GS-12, Step 1, $34.07 × 1.6), and Clerical rate of $29.50 (GS-6, Step 3, $18.44 × 1.6). These rates are from the Office of Personnel Management (OPM), 2023 General Schedule, which excludes locality, rates of pay.

c Annual responses assume 1 percent of waste determination results in an exceedance (1% x 6,760 = 67.6. rounded to 68).

d Semiannual responses assumes 0.5% of control devices malfunction resulting in an exceedance (0.5% x 6,760 = 34) plus the Sistersville, WV Plant. (34 + 1 = 35)

e We have assumed that 10 percent of internal floating roof respondents (10% x 6,760 = 676), plus 20% of external roof respondents (20% x 6,760 = 1,352), and one facility using hydrogen peroxide exemption (676 + 1,352 + 1 = 2,029) will submit notification reports.

f We have assumed that the Sisterville Plant will submit an annual project report.

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

h Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.





1 The amendments to 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC published on January 3, 2018 include new requirements under Section 264.1086 and Section 265.1087 for containers. The increase in burden (fees) are covered under OMB Control No. 2050-0039 and are not included in this ICR.

16




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File Title18Q Supporting Statement Instructions_draft
AuthorMcGrath, Daniel
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File Created2024-07-24

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