Supporting Statement for Air Emission Standards for Tanks,

Surface Impoundments 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 Impoundments and Containers
(40 CFR part 264, subpart CC and 40 CFR part 265, subpart CC) (Renewal)

1(b)	Short Characterization/Abstract

The air emission standards for tanks, surface impoundments and
containers at 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 and 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 (262.34(a)(1)(i
and ii)).

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% of treatment, storage and disposal facilities (TSDFs) and 25% 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.

The estimated respondent burden for this Information Collection Request
(ICR) is 711,409 hours at a cost of $45,214,335.  Furthermore, the
available data shows that no new facilities will become subject to RCRA
subpart CC in the next three years.  

OMB approved the currently active ICR without any “Terms of
Clearance.”

2.  Need for and Use of the Collection

2(a) Need/Authority for the Collection

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 of 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
knowledge 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.  Knowledge constitutes documentation that conclusively shows
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 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
and 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.   Nonduplication, Consultations, and Other Collection Criteria

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

3(a)  Nonduplication

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 agency.

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 on October 5, 2006 (71 FR 58853). 
No comments were received on the burden published in the Federal
Register.

3(c) Consultations

All data and assumptions from the previous ICR renewal were used as the
basis for estimating the hourly and cost burdens associated with this
renewal.  

To determine the current number of facilities and the industry growth
rate for this ICR, EPA personnel in the Office of Solid Waste and
Emergency Response and the RCRA Enforcement Division were consulted. The
main source for the number of facilities and growth rate was the
Resource Conservation and Recovery Act database, called “RCRA Info.”

It is our policy to carefully review any comments received since the
last ICR renewal including those submitted in response to the first
Federal Register notice and respond appropriately; in this case, no
comments were received.

3(d) Effects of Less Frequent Collection

If the information required by the standard was not collected, the
Agency would have no means for ensuring that compliance with RCRA
subpart CC is achieved and maintained by large quantity generators and
treatment, storage, or disposal facilities.  Under these circumstances,
an owner or operator could elect to reduce operating expenses by not
installing, maintaining, or otherwise operating, the cover, roof, or
control technology required by the standards.  In the absence of the
information collection requirements, compliance with the standards could
be ensured only through continuous on-site inspections by regulatory
agency personnel.  Consequently, not collecting the information would
result in either greatly increased expenditures of resources, or the
inability to ensure compliance with the standards.

Respondents are required to submit reports only when circumstances occur
at the facility that result in improper management of hazardous waste in
units not using the required air emission controls, and when a control
device malfunction cannot be corrected within 24 hours of being
detected.  There are no reporting requirements for owners and operators
of interim-status TSDFs (subject to the requirements of 40 CFR part
264).  Owners and operators of permitted TSDFs (subject to the
requirements of 40 CPR part 265) must report within 15 calendar days,
circumstances resulting in the management of hazardous waste subject to
the rules in a tank, surface impoundment, or container not using the
required air emission controls.  In addition, an owner or operator of a
permitted TSDF that uses a control device to comply with the
requirements of the rules must submit a semiannual written report of any
exceedances that may occur, as defined in the rules.  If no exceedances
have occurred during the reporting period, no report is required.

The recommended rules require the TSDF owner or operator to record
certain information to the on-site facility operating logs, or files. 
Consistent with 40 CFR 264.73 and 40 CFR 265.73, the rules require that
air emission control equipment design records, and certain other records
be maintained in the facility operating record until facility closure. 
Records and results of waste determinations, inspections, monitoring,
control device exceedances and actions taken to remedy them, leak
repairs, and management of carbon removed from carbon adsorption systems
are required to be kept for at least 3 years from the date of entry.

All reports are to be submitted to the EPA Regional Office (or delegated
State) having jurisdiction for a particular TSDF location.  The reports
must be signed and dated by an authorized representative of the facility
owner or operator.  The information is needed by the EPA to identify
facilities where the owners or operators are having difficulty complying
with the requirements of the rules.

3(e) General Guidelines

None of these reporting, or recordkeeping requirements violates any of
the regulations established by OMB in 5 CFR 1320.5 (d)(2).

3(f) Confidentiality

The required information consists of emissions data and other
information that have been determined not to be private.  However, any
information submitted to the Agency for which a claim of confidentiality
is made will be safeguarded according to the Agency policies set forth
in Title 40, Chapter 1, part 2, subpart B - Confidentiality of Business
Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43
FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR
17674, March 23, 1979).

3(g) Sensitive Questions

None of the reporting, or recordkeeping requirements contains sensitive
questions.

4.   The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents of the recordkeeping and reporting requirements are
facilities that treat, store, or dispose of RCRA Subtitle C hazardous
waste.  Refer to the following table for the applicable Standard
Industrial Classification (SIC)/North American Industry Classification
System (NAICS) codes.



Regulation	

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

(i)  Data Items

All data in this ICR that are recorded and/or reported is required by 40
CFR part 264 and part 265, RCRA subpart CC - Air Emission Standards for
Tanks, Surface Impoundments and Containers.

A source must make the following reports:

Notification Reports





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 (Procedure 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 visually inspect 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 (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.

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)



(ii)   Respondent Activities

Respondent Activities



Read instructions.



Sample waste streams 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(b)(i) Reports



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



Inspect and monitor difficult and/or unsafe tank roofs.



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.





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



Review notifications and reports required to be submitted by industry.



Inspect the facility for compliance including records and reports.



Input, analyze, and maintain data in the RCRA Info database.



5(b)   Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
a facility to determine whether pollution control devices are properly
installed and operated, and determine compliance with 40 CFR parts 264
and 265.  Data and records maintained by the respondents are tabulated
and published for use in compliance and enforcement programs.  Also,
reports are used to identify problems and determine compliance at
facilities.

Publication and distribution of the information are part of the
Resource Conservation and Recovery Information System (RCRA Info) which
is jointly operated and maintained by the EPA’s Office of Solid Waste
(OSW) and Office of Compliance (OC).  Examination of records to be
maintained by the respondents will occur incidentally as part of the
periodic inspection of sources, which is part of EPA’s overall
compliance and enforcement program.  The records required by 40 CFR
parts 264 and 265 must be retained at the facility by the owner or
operator for 3 years.

5(c)   Small Entity Flexibility

The EPA recognizes that owners or operator of small businesses often do
not have the personnel and financial resources available to large
companies for performing information collection.  However, in EPA’s
experience the information required by the standard is necessary to
determine compliance with air emission standards.  Separate and
simplified requirements for small businesses such as less frequent
monitoring and inspection of emission control equipment operation cannot
be used without compromising the protection of human health and the
environment that would be provided by the recommended standards.  The
minimum information that the EPA’s experience has demonstrated to be
necessary to determine compliance with air emission standards is
required.  The specific information selected serves both the public
interest, by ensuring all TSDFs comply with the air emission standards,
and the best interest of the individual owner or operator to clearly
demonstrate to the EPA compliance inspector that a unit is in
compliance.

The reporting, notification and recordkeeping burden to respondents has
been minimized by requiring the collection, or reporting of only that
information which the Agency considers essential to ensure that affected
storage tanks, surface impoundments and containers of hazardous waste
exceeding 500 ppmw are properly maintained and operated on a continuous
basis.

	For this ICR renewal, the Background Information Document
(EPA-450/3-89-023a) for the proposed rulemaking was reviewed to estimate
the number of affected small businesses.  Section 8.3.6 of this document
indicates that 10 percent of the facilities are likely to be small
businesses.  Thus, 620 respondents are estimated to be small businesses
in this ICR renewal.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Respondent Burden and Costs as
a Result of RCRA subpart CC, Air Emission Standards for Tanks, Surface
Impoundments and Containers.

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
RCRA subpart CC.  The individual burdens are expressed under
standardized headings believed to be consistent with the concept of
burden under the Paperwork Reduction Act.  Where appropriate, specific
tasks and major assumptions have been identified in this ICR.  Responses
to this information collection are mandatory.  The Agency may not
conduct, or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.  

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated at 711,409
person-hours (Total Labor Hours from Table 1).  These hours are based on
Agency studies and background documents from the development of the
standards, or test methods, Agency knowledge and experience with the
RCRA program, the previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses a Technical Labor Rate of $64.47 per hour, a Management
Labor Rate of $93.09 per hour, and a Clerical Labor Rate of $39.65 per
hour.  These rates are from the United States Department of Labor,
Bureau of Labor Statistics, June 2003, “Table 10. Private industry, by
occupational and industry group.”  The rates are from column 1,
“Total compensation.”  The wage rates have been increased by 110% to
account for the benefit packages available to those employed by private
industry.

(ii) Estimating Capital and Operations and Maintenance Costs  

The only costs to the regulated industry resulting from the information
collection activities required by the subject standards are labor and
operation and maintenance costs.  There are no capital/startup costs.

(iii) Capital/Start-up vs. Operating and Maintenance (O&M) Costs

The operations and maintenance cost for the regulated industry is
estimated to be $12,418,000 annually.  This assumes a cost of $2,000 per
facility.  There are no capital/startup costs.

6(c) Estimating Agency Burden and Cost

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

The average annual Agency cost during the three years of the ICR is
estimated to be $287,866 (See Table 2 below).  For estimating government
cost this ICR uses a Technical Labor Rate of $40.08 per hour, a
Management Labor Rate of $54.02 per hour, and a Clerical Labor Rate of
$21.70 per hour.  These rates are from the Office of Personnel
Management (OPM) “2003 General Schedule” which excludes locality
rates of pay.  These rates can be obtained from the OPM web site,
http://www.opm.gov/oca/payrates/index/htm.  Details upon which this
estimate is based appear in Table 2: Average Annual EPA Resource
Requirement as a Result of RCRA subpart CC, Air Emission Standards for
Tanks, Surface Impoundments and Containers, below.

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

Based on our research for this ICR, approximately 6,209 existing
facilities are currently subject to the standard.  It is estimated that
no additional facilities will become subject to the standard in the next
three years. The number of respondents and the total annual responses
were derived using the following assumptions and, by using the “Number
of Respondents” and “Total Annual Responses” tables that follow.

It was estimated during rule development that 70% of treatment storage
and disposal facilities (TSDFs) and 25% of large quantity generators
(LQGs) would be subject to RCRA subpart CC requirements.  Based on
information obtained from RCRA Info data, there are 2,393 TSDFs and
18,135 LQGs.  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% of control devices malfunction resulting in the
need for a semiannual report.  The Sistersville Plant XL project always
reports semiannually.

0.5% of 6209 = 31

31 + Sistersville Plant = 32 (Semiannual Reports)

Other Reports

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

1% of 6209 = 62 (report to EPA within 15 calendar days, once per year)

Notification Reports

It is assumed that 10% of internal floating roofs and 20% 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)



Number of Respondents



	

Respondents That Submit Reports	

Respondents That Do Not Submit Any Reports	





Year	

(A)

Number of New Respondents 1	

(B)

Number of Existing Respondents	

(C)

Number of Existing  Respondents that keep records but do not submit
reports	

(D)

Number of Existing Respondents That Are Also New Respondents	

(E)

Number of Respondents

(E=A+B+C-D)



1	

0	

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



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	

NA	

1,864



Semiannual Reports	

32	

2	

NA	

64



Other Reports	

62	

1	

NA	

62



All Recordkeeping Requirements	

NA	

NA	

4,251	

4,251



	

	

	

Total	

6,241



The Total Annual Responses is 6,241.  The total annual labor costs are
$45,214,335.  Details regarding these estimates may be found in 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).

The total annual capital/start-up costs to the regulated entity are $0
and annual O&M costs to the regulated entity are $12,418,000.    These
costs are detailed in section 6(b)(iii) Capital/Start-up vs. Operation
and Maintenance (O&M) Costs.

6(e)	Bottom Line Burden Hours And Cost Tables

The bottom line burden hours and cost tables for both the respondents
and the Agency appear below.   The annual public reporting and
recordkeeping burden for this collection of information is estimated to
average 114 hours per response.

6(f)  Reasons for Change in Burden

	There is a small decrease in burden (68 hours) from the most recently
approved ICR.  This change in burden is due to the correction of a
mathematical error from the previous ICR renewal.

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, or disclose, or provide information to,
or for a federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit, or
otherwise disclose the information.

An agency may 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-2006-0705. An electronic version of the public docket is
available at http://www.regulations.gov, which may be used to obtain a
copy of the draft collection of information, submit, or view public
comments, access the index listing of the contents of the docket, and to
access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the docket ID number identified in this document.  The documents are
also available for public viewing at the Enforcement and Compliance
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.  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,
NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include
the EPA Docket ID Number EPA-HQ-OECA-2006-0705 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 Costs as a Result of RCRA subpart
CC, Air Emission Standards for Tanks, Surface Impoundments and
Containers.

Requirements	

Tech.

Hours/ Occur.

(A)	

Occur./ Plant/ Year

(B)	

Hours/ Rspndnt.

(C)

(C=A x B)	

Number of Rspndnts.

(D)	

Technical Hours/ Year

(E)

(E=C x D)	

Management Hours /Year

(F)

(F=0.05 x E)	

Clerical Hours/Year

(G)

(G=0.1 x E)	

Total Cost/ Year

($)

(H)a



1. Applications	

NA	

	

	

	

	

	

	





2. Survey and Studies	

NA	

	

	

	

	

	

	





3. Reporting Requirements	

	

	

	

	

	

	

	





A. Read Instructions	

4	

1	

4	

6,209	

24,836	

1,242	

2,484	

1,815,286



B. Required Activities	

0	

0	

0	

0	

0	

0	

0	

0



C. Create Information	

0	

0	

0	

0	

0	

0	

0	

0



D. Gather Existing Information	

1	

1	

1	

6,209	

6,209	

310	

621	

453,775



E. Write Report	

	

	

	

	

	

	

	





F. Annual Project Reportb	

1	

1	

1	

1	

1	

0.05	

0.1	

73



G. Final Project Reportb	

1	

0	

0	

1	

0	

0	

0	

0



H. Report required by 264.1080(f)(2) (viii)(F)b	

1	

0	

0	

1	

0	

0	

0	

0



I. Semiannual Reportc	

1	

2	

2	

32	

64	

3.2	

6.4	

4,678



J. Report to EPA within 15 calendar days of waste determination
exceedanced	

1	

1	

1	

62	

124	

6.2	

12.4	

9,063



J. Notify EPA/WVDEP 60 days in advance for performance test of
incineratorb	

1	

0	

0	

1	

0	

0	

0	

0



K. Performance test results report for Sistersville Plantb	

1	

0	

0	

1	

0	

0	

0	

0



L. Notification regarding hydrogen peroxide managementh	

1	

1	

1	

1	

1	

0.05	

0.1	

73



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

1	

1	

1	

1,242e	

1,242	

62	

124	

90,761



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

1	

1	

1	

621f	

621	

31	

62	

45,380



Subtotal Reporting Labor Burden and Cost



	

32,068.50	

$2,419,089





4. Recordkeeping Requirements	

	

	

	

	

	

	

	





A. Recordkeeping for Sistersville, WV plant	

	

	

	

	

	

	

	





I. Prepare and record documentation that air emission control present
undue hazard	

1	

1	

1	

1	

1	

0.05	

0.1	

73



II. Information going into annual report	

	

	

	

	

	

	

	





a. Emissions analysis	

0.33	

1	

0.33	

1	

0.33	

0.02	

0.03	

24



b. Plant performance evaluation	

0.33	

1	

0.33	

1	

0.33	

0.02	

0.03	

24



c. Description of anticipated problems	

0.33	

1	

0.33	

1	

0.33	

0.02	

0.03	

24



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	

73



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

0.5	

2	

1	

1	

1	

0.05	

0.1	

73



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

0.25	

365	

91	

1	

91	

5	

9	

6,689



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

0.25	

365	

91	

1	

91	

5	

9	

6,689



VIII. Records of amounts of methanol directed to reuse, recovery,
thermal recovery/ treatment and biotreatment	

0.25	

365	

91	

1	

91	

5	

9	

6,689



B. Read Instructions	

4	

1	

4	

6,209	

24,836	

1,242	

2,484	

1,815,286



C. Plan Activities	

16	

1	

16	

6,209	

99,344	

4,967	

9,934	

7,260,969



D. Implement Activities	

	

	

	

	

	

	

	





I. Waste determination for VO concentration at the point of origin	

	

	

	

	

	

	

	





a. Waste determination once every 12 months	

2	

1	

2	

6,209	

12,418	

621	

1,242	

907,642



II. Waste determination for treated hazardous waste	

	

	

	

	

	

	

	





a. Waste determination for batch process once every 12 months	

2	

1	

2	

6,209	

12,418	

621	

1,242	

907,642



III. Inspect and monitor each closed vent system	

0.08	

365	

29	

3,105	

90,045	

4,502	

9,005	

6,581,340



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	

2,484	

4,967	

3,630,532



b. Surface Impoundments	

5	

2	

10	

119	

1,190	

60	

119	

87,022



c. Containers	

2	

2	

4	

6,209	

24,836	

1,242	

2,484	

1,815,286



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	

1,242	

2,484	

1,815,286



X. Primary seal inspection once every 5 years	

4	

1	

4	

1,242d	

4,968	

248	

497	

363,079



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 with 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	

0.3	

1	

0.3	

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. Record for each closed vent and control device it is designed to
operate at the performance level for tank, surface impoundment, 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	

3,105	

155	

311	

226,939



VI. Records all visual inspections of each tank, surface impoundment and
container, including covers	

1	

1	

1	

6,209	

6,209	

310	

621	

453,775



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	

621	

453,775



VIII. Records all continuous monitoring	

0.25	

365	

91	

621	

56,511	

2,826	

5,651	

4,130,399



IX. Records management of carbon removed from a carbon adsorption system


0.5	

2	

1	

3,105	

3,105	

155	

311	

226,939



X. Records date and time of each sample	

0.25	

2	

0.5	

6,209	

3,105	

155	

311	

226,939



XI. Records results of each sample	

0.25	

2	

0.5	

6,209	

3,105	

155	

311	

226,939



XII. Records tank dimensions and design capacity	

0.3	

1	

1	

0	

0	

0	

0	

0



Tanks with alternative emission controls (floating roofs):	

	

	

	

	

	

	

	





XIII. Records in the facility operating plan the internal floating roof	

0.25	

1	

0.25	

0	

0	

0	

0	

0



XIV. Records the equipment design and certifies that it meets applicable
requirements	

0.25	

1	

0.25	

0	

0	

0	

0	

0



XV. Records each inspection, the tank, date, and what components were
inspected	

0.25	

2	

0.5	

6,209	

3,105	

155	

311	

226,939



a. If defects found, identify the tank and describe the repairs made	

0.25	

2	

0.5	

6,209	

3,105	

155	

311	

226,939



XVI. Records in the facility operating plan the external floating roof	

0.25	

1	

0.25	

0	

0	

0	

0	

0



XVII. Records the equipment design and certifies that it meets
applicable requirements	

0.25	

1	

0.25	

0	

0	

0	

0	

0



XVIII. Records gap measurements of the tank, date of inspection, raw
data and calculations	

0.25	

1	

0.25	

6,209	

1,552	

78	

155	

113,464



a. If defects found, records the tank, date tank was emptied, or repairs
made and the nature of the repair	

0.25	

1	

0.25	

6,209	

1,552	

78	

155	

113,464



XIX. Continuous Monitoring Inspections	

	

	

	

	

	

	

	





a. Closed-Vent Systems	

4	

1	

4	

6,209	

24,836	

1,242	

2,484	

1,815,286



XX. Roof Inspections/ Gap Measurements:	

	

	

	

	

	

	

	





a. Secondary seal inspection (once a year)	

4	

1	

4	

6,209	

24,836	

1,242	

2,484	

1,815,286



b. Primary seal inspection (once every 5 years)	

4	

0.2	

0.8	

1,242d	

994	

50	

99	

72,663



G. Train Personnel	

	

	

	

	

	

	

	





I. Waste determination methods	

8	

1	

8	

6,209	

49,672	

2,484	

4,967	

3,630,532



II. Control equipment inspection and monitor	

8	

1	

8	

6,209	

49,672	

2,484	

4,967	

3,630,532



H. Audits	

	

	

	

	

	

	

	





Subtotal Recordkeeping Labor Burden and Cost



	

673,346.59	

$42,795,252



TOTAL LABOR BURDEN AND COST (rounded)	

	

	

	

	

711,409	

$45,214,335

Assumptions for Table 1:

a - This cost is based on the sum of personnel hours multiplied by their
hourly labor rates [(Technical hours x $64.47) + (Management hours x
$93.09) + (Clerical hours x $39.65).

b - Reporting for Sistersville, WV Plant XL Project only.

c -Assume 0.5% of control devices malfunction resulting in exceedance
(0.5% of 6,209= 31).  The Sistersville Plant XL project always reports
semiannually, so 31 + 1= 32 semiannual reports.

d - Assume 1% waste determination results in exceedance annually (1% of
6,209 = 62)

e - Assume that 20% of the tank roofs will be inspected each year
(external roof).

f - Assume 10% of respondents will empty and refill a tank (internal
floating roof).

g - Recordkeeping for Sistersville, WV Plant XL Project only.

h - Currently only one facility uses the exemption regarding hydrogen
peroxide management located at 40 CFR 264.1080(d) and 40 CFR
265.1080(d).

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

70% subject to these rules = 1,675

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

25% subject to these rules = 4,534

Total number of respondents = 6,209                                     
    

1,675 TSDFs averaging 4 tanks and 15 containers subject to 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
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% 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 Resource Requirement as a Result of RCRA
subpart CC, Air Emission Standards for Tanks, Surface Impoundments and
Containers.

Activity	

Technical Hrs/ Occurrence

(A)	

Number of Responses/ Yr.

(B)	

Technical Hrs/ Yr.

(C)

(C = A x B)	

Management Hours/ Yr.

(D)

(D=0.05 x C)	

Clerical Hours/ Yr.

(E)

(E=0.1 x C)	

Total Labor Costs/ Yr.

($)

(D)a



1. Review Reports	

	

	

	

	

	





A. Waste exceedance reports	

4	

62b	

252	

13	

25	

11,345



B. Control device exceedance reports	

4	

31c	

128	

6	

13	

5,736



C. Notification reports	

1	

1,864d	

1,864	

93.2	

186.4	

83,789



2. Review Records	

	

	

	

	

	





A. Select site and review permit	

8	

520 	

4,160	

208	

416	

186,996



TOTAL LABOR BURDEN AND COST (rounded)	

	

	

7,365	

$287,866



Assumptions for Table 2:

a - This cost is based on the sum of personnel hours multiplied by their
hourly labor rates (Technical hours x $40.08) + (Management hours x
$54.02) + (Clerical hours x $21.70).

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

c - 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.

d - Annual responses assumes 10% of 6,209 (internal floating roof) plus
20% of 6,209 (external roof) will submit notification reports. 

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