SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST

 NUMBER 1572.07

HAZARDOUS WASTE SPECIFIC UNIT REQUIREMENTS

 AND

SPECIAL WASTE PROCESSES AND TYPES

NOVEMBER 9, 2007

TABLE OF CONTENTS

Page

  TOC \w \x \t "Auto Heading 1,1, Auto Heading 2,2, Heading 1,1"  1.
IDENTIFICATION OF THE INFORMATION COLLECTION	4

1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION	4

1(b)	SHORT CHARACTERIZATION OF THE INFORMATION COLLECTION	4

2.	NEED FOR AND USE OF THE COLLECTION	13

2(a)	NEED AND AUTHORITY FOR THE COLLECTION	13

2(b)	PRACTICAL UTILITY AND USERS OF THE DATA	13

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	22

3(a)	NONDUPLICATION	22

3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB	22

3(c)	CONSULTATIONS	22

3(d)	EFFECTS OF LESS FREQUENT COLLECTION	22

3(e)	GENERAL GUIDELINES	22

3(g)	SENSITIVE QUESTIONS	22

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	23

4(a)	RESPONDENTS/NAICS CODES	23

4(b)	INFORMATION REQUESTED	24

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	149

5(a)	AGENCY ACTIVITIES	149

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT	157

5(c)	SMALL ENTITY FLEXIBILITY	157

5(d)	COLLECTION SCHEDULE	157

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	162

6(a)	ESTIMATING RESPONDENT BURDEN	162

6(b)	ESTIMATING RESPONDENT COSTS	163

6(c)	ESTIMATING AGENCY BURDEN AND COST	164

6(d)	ESTIMATING THE REPONDENT UNIVERSE AND TOTAL BURDEN AND COST	164

6(e)	BOTTOM LINE BURDEN HOURS AND COSTS	200

6(f)	REASONS FOR CHANGE IN BURDEN	202

6(g)	BURDEN STATEMENT	203

7.	EXHIBITS APPENDIX

	Exhibits 1a-12a Annual Private Repsondent Burden/Cost Estimate

and

Exhibits 1b-12b Annual GOVERNMENTS Repsondent Burden/Cost Estimate	1

  	Exhibits 14a Annual EPA Burden and Cost Estimate

and

Exhibits 14b Annual STATES Burden and Cost Estimate	41

	



		1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION

Hazardous Waste Specific Unit Requirements and Special Waste Processes
and Types, EPA ICR Number 1572.07.

1(b)	SHORT CHARACTERIZATION OF THE INFORMATION COLLECTION

Section 3004 of the Resource Conservation and Recovery Act (RCRA) of
1976, as amended, requires that the U.S. Environmental Protection Agency
develop standards for hazardous waste treatment, storage, and disposal
facilities (TSDFs), as may be necessary, to protect human health and the
environment.  Section 3004, Subsections (1), (3), (4), (5), and (6)
specify that these standards include, but not be limited to, the
following requirements:

(1)	Maintaining records of all hazardous wastes identified or listed
under this title which are treated, stored, or disposed of, ... and the
manner in which such wastes were treated, stored, or disposed of;

(3)	Treatment, storage, or disposal of all such waste received by the
unit pursuant to such operating methods, techniques, and practices as
may be satisfactory to the Administrator;

(4)	The location, design, and construction of such hazardous waste
treatment, disposal, or storage facilities;

(5)	Contingency plans for effective action to minimize unanticipated
damage from any treatment, storage, or disposal of any such hazardous
waste; and

(6)	The maintenance or operation of such facilities and requiring such
additional qualifications as to ownership, continuity of operation,
training for personnel, and financial responsibility as may be necessary
or desirable.

The regulations implementing these requirements are published in the
Code of Federal Regulations (CFR) Title 40, Parts 261, 264, 265, and
266, Subpart F.

The following briefly summarizes the information collection requirements
covered in this ICR, focusing on the type and content of the collection.
 Section 4(b) of this ICR contains a more detailed description of the
information collection requirements, including the data items and
respondent activities associated with each requirement.

CONTAINERS

In 40 CFR Parts 264 and 265, Subpart I, EPA promulgated standards
applicable to owner/operators of facilities that use containers for
storing or treating hazardous waste.  To comply with these regulations,
respondents must inspect areas where containers are stored, at least
weekly, looking for leaks and for deterioration caused by corrosion or
other factors (§§ 264.174 and 265.174)

TANK SYSTEMS

In 40 CFR Parts 264 and 265, Subpart J, EPA promulgated standards
applicable to owner/operators of facilities that use tank systems for
storing or treating hazardous waste.  To comply with these regulations,
respondents must submit several information collections, including some
or all of the following:

•	A no-free-liquids demonstration (§§ 264.190(a) and 265.190(a));

•	Existing tank system assessments (§§ 264.191 and 265.191);

•	New tank system assessments and certifications (§§ 264.192 and
265.192);

•	An equivalent containment exemption (§§ 264.193(d) and
265.193(d));

•	An exemption from the 24-hour leak detection requirement
(§§ 264.193(e)(3)(iii) and 265.193(e)(3)(iii));

•	A variance from secondary containment requirements (§§ 264.193(g)
and 265.193(g));

•	Annual leak tests and inspections (§§ 264.193(i) and 265.193(i));

•	An exemption from the 24-hour waste removal requirement
(§§ 264.196(b) and 265.196(b)); 

•	Release notifications and reports, and major repair certifications
(§§ 264.196(d) and (f)), and 265.196(d) and (f); and

•	Decontamination of soils demonstration (§§ 264.197(b) and
265.197(b)).

SURFACE IMPOUNDMENTS

In 40 CFR Parts 264 and 265, Subpart K, EPA promulgated standards
applicable to owner/operators of facilities that use surface
impoundments to treat, store, or dispose of hazardous wastes.  To comply
with these regulations, respondents must submit several information
collections, including some or all of the following:

•	Design and operating requirements, including assessment of alternate
design and operating practices, notification of intent to receive waste,
and certification of certain alternate design features or operating
plans (§§ 265.221 and 265.222);

•	Development of action leakage rates (§265.222(a));

•	Calculation of average daily flow rates (§265.222(c) and
§264.222(c));

•	Response Action Plans (§265.223(a));

•	Notification of exceedance of action leakage rates (§265.223(b) and
§264.223(b));

•	A remediation determination analysis (§265.223(c) and
§264.223(c));

•	Certification of a dike’s sufficient structural integrity
(§264.226(c)); 

•	Records of waste treatment data (§265.225(2)(i));

•	Records of all monitoring and inspection activities and data
(§265.226(b)(1) and §264.226(d)(1));

•	Development of pump operating levels (§265.226(b)(3));

•	Notification of a surface impoundment’s removal from service, and
the certification required for restoring the service (§264.227);

•	Certification for ignitable or reactive wastes (§265.229(b));

•	Closure plan information (§265.113(e) and §264.113(e)); and

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.231(a)).

WASTE PILES

In 40 CFR Part 264 and 265, Subpart L, EPA promulgated standards
applicable to owner/operators of facilities that store or treat
hazardous waste in piles.  To comply with these regulations, respondents
must submit several information collections, including some or all of
the following:

•	A demonstration for an exemption or variance from liner/leachate
system requirements (§265.254); 

•	Development of action leakage rates (§265.255(a));

•	Calculation of average daily flow rates (§265.255(c) and
§264.252(c));

•	Response Action Plans (§265.259(a));

•	Notification of exceedance of action leakage rates (§265.259(b) and
§264.253(b));

•	A remediation determination analysis (§265.259(c) and
§264.253(c));

•	Records of all monitoring and inspection activities and data
(§265.260 and §264.254(c)); and

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.259(a)).

LAND TREATMENT

In 40 CFR Parts 264 and 265, Subpart M, EPA promulgated standards
applicable to owner/operators of interim status and permitted hazardous
waste land treatment facilities.  To comply with these regulations,
respondents must submit several information collections, including some
or all of the following:

•	Notifications and demonstrations necessary for growing food chain
crops on a hazardous waste land treatment unit (§§ 264.276 and
265.276), including developing and maintaining an operating plan
(§265.276(c)(2)(iii) and §264.276(b)(2)(iii);

•	A record of the unit unsaturated-zone monitoring plan
(§265.278(d)); 

•	Notification of statistically significant increases of hazardous
waste constituents below the treatment zone, and the related
demonstration and notice (§264.278(g) and (h));

•	Certification of closure (§265.280(e) and §264.280(b)); 

•	A demonstration for exemption from the post-closure requirements of
§264.280(a) and (c); and

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.283(a)).

LANDFILLS

In 40 CFR Part 264 and 265, Subpart N, EPA promulgated regulations
applicable to owner/operators of facilities that dispose of hazardous
wastes in landfills.  To comply with these 

regulations, respondents must submit several information collections,
including some or all of the following:

•	Notification of intent to receive waste (§265.301(b));

•	A demonstration for exemption from liner and leachate collection
system requirements (§§ 264.301(b));

•	A demonstration to obtain a waiver from the double liner requirement
for a monofill (§§ 265.301(d)(2)(ii));

•	Development of action leakage rates (§265.302(a));

•	Calculation of average daily flow rates (§265.302(c) and
§264.302(c));

•	Response Action Plans (§265.303(a));

•	Notification of exceedance of action leakage rates (§265.303(b) and
§264.303(b));

•	A remediation determination analysis (§265.303(c) and
§264.303(c));

•	Records of all monitoring and inspection activities and data
(§265.304(b) and §264.303(c)(1));

•	Development of pump operating levels (§265.304(b));

•	A no-free-liquids demonstration, including results of the Paint
Filter Liquids Test (§§ 264.314(c) and 265.314(d));

•	A demonstration to allow placement of non-hazardous liquids in a
landfill under (§§ 264.314(e) and 265.314(f)); and

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.317(a)).

INCINERATORS

In 40 CFR Parts 264 and 265, Subpart O, EPA promulgated regulations for
owner/operators of facilities that incinerate hazardous waste.  To
comply with these regulations, respondents must submit several
information collections, including some or all of the following:

•	Documentation necessary for an exemption from the Subpart O
requirements (except closure requirements) (§§ 264.340(b) and
265.340(b);

•	An application for certification to burn hazardous wastes F020,
F021, F022, F023, F026, and F027 (§265.352(b)(1));

•	Notification of intent to burn EPA Hazardous wastes F020, F021,
F022, F023, F026, and F027 (§264.343(a)(2)); and

•	Collection of monitoring and inspection data per §264.347(d).  EPA
collects this information after the permit is issued.

THERMAL TREATMENT UNITS

In 40 CFR Part 265, Subpart P, EPA promulgated regulations for
owners/operators of facilities that thermally treat hazardous waste in
devices other than enclosed devices using controlled flame combustion. 
To comply with these regulations respondents must submit an application
to burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027
(§265.383 (a)(1)).

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS

In 40 CFR Part 265, Subpart Q, EPA promulgated regulations for
owners/operators of facilities which treat hazardous wastes by chemical,
physical, or biological methods in units other than tanks, surface
impoundments, and land treatment facilities.  To comply with these
regulations, respondents must submit several information collections,
including some or all of the following:

•	Records of waste analyses and trial treatment tests or a
demonstration that the proposed treatment will meet all applicable
requirements of §§265.401(a) and (b), based on written, documented
information or similar treatment of similar wastes under similar
operating conditions (§§265.402);

Records pertaining to the inspection of discharge control and safety
equipment (e.g., waste feed cutoff system, by-pass systems, drainage
systems, and pressure relief systems), where present, at least once each
operating day, to ensure that it is in good working order
(§265.403(a)(1));

Data gathered from monitoring equipment (e.g., pressure and temperature
gauges), at least once each operating day, to ensure that the treatment
process or equipment is being operating according to its design
(§265.403(a)(2));

Records pertaining to the inspection of construction materials of the
treatment process or equipment, at least weekly, to detect corrosion or
leaking fixtures or seams (§265.403(a)(3)); and

Records pertaining to the inspection of construction materials of, and
the area immediately surrounding, discharge confinement structures
(e.g., dikes), at least weekly, to detect erosion or obvious signs of
leakage (e.g., wet spots or dead vegetation) (§265.403(a)(4)).

DRIP PADS

In 40 CFR Part 261, Subpart D, EPA promulgated regulations for owners
and operators of facilities that generate hazardous wastes associated
with wood preserving processes.  To comply with these regulations,
generators must submit the following information collection request:

•	An equipment cleaning plan or equipment replacement plan, and
documentation of cleaning and replacement (§261.35(b)-(c)).

In 40 CFR Parts 264 and 265, Subpart W, EPA promulgated regulations for
owners/operators of facilities which treat or store hazardous wastes on
drip pads.  To comply with these regulations, respondents must submit
several information collections, including some or all of the following:

•	A contingency plan for managing the discharge of drippage
(§264.570(c)(1) and 265.440(c)(1));

•	An assessment of the integrity of existing drip pads (§264.571(a)
and §265.441(a));

•	A plan for upgrading, repairing, and modifying a drip pad
(§264.571(b)-(c) and §265.441(b)-(c));

•	Documentation and assessments certifying that design and operating
requirements are being met (§264.573(a)-(k) and §265.443(a)-(k));

•	Notification and documentation indicating any release discovery that
requires an  emergency response (§264.573(m) and §265.443(m));

•	A unit operating record containing documentation of past operating
and waste handling practices (§264.573(n) and §264.443(n)); and

•	Records and documenting the weekly inspection and certification of
drip pad liners (§264.574 and §265.444).

MISCELLANEOUS UNITS

In 40 CFR Part 264, Subpart X, EPA promulgated regulations for
owners/operators of permitted facilities that treat, store, or dispose
of hazardous waste in miscellaneous units.  To comply with these
regulations, respondents must submit several information collections,
including some or all of the following:

•	Inspection and reporting information, including a written schedule
for inspecting equipment (§264.15);

Biennial report (§264.75);

An unmanifested waste report (§264.76); and 

Release, fire, explosion, and closure reports (§264.77) (§264.602).

Because developing and following a written schedule for inspecting
equipment is covered in the General Hazardous Waste Facility Standards
ICR ( EPA ICR Number 1571), submitting a biennial report is covered in
the Biennial Report ICR (EPA ICR Number 976), preparing an unmanifested
waste report is covered in the Manifest ICR (EPA ICR Number 801), and
release, fire, explosion, and closure reports are covered in the General
Hazardous Waste Facility Standards ICR (EPA ICR Number 1571), data items
and activities associated with these items will not be covered in this
ICR. 

PROCESS VENTS

In 40 CFR Parts 264 and 265, Subpart AA, EPA promulgated regulations for
owners/operators of facilities that manage hazardous waste with organic
concentrations of at least 10-ppmw in units that are subject to the
permitting requirements of 40 CFR Part 270, or hazardous waste recycling
units that are located on hazardous waste management facilities
otherwise subject to the permitting requirements of 40 CFR Part 270. 
These regulations apply to unit process vents associated with
distillation, fractionation, thin-film evaporation, solvent extraction,
or air or steam stripping.  To comply with these regulations,
respondents must submit several information collections, including some
or all of the following:

•	Documentation describing the operation of and identifying process
parameters that indicate proper operation and maintenance of control
devices other than those specified under this Part;

  

•	Documentation of waste determination, if the waste determination was
based on knowledge of the waste rather than testing
(§§ 264.1034(d)(2) and 265.1034(d)(2)); and

•	Unit operating record containing documentation specified in
§§ 264.1035(b) - (f) and 265.1035(b)- (f) (§§ 264.1035(b), (c),
and (f) and 265.1035(b), (c), and (f)); and

•	A semiannual report of control device monitoring events
(§264.1036).

EQUIPMENT LEAKS

In 40 CFR Parts 264 and 265, Subpart BB, EPA promulgated regulations for
owners/operators of facilities with equipment that contains or contacts
hazardous wastes organic concentrations of at least 10 percent by weight
that are managed in units subject to the permitting requirements of 40
CFR Part 270, or hazardous waste recycling units that are located on
hazardous waste management facilities otherwise subject to the
permitting requirements of 40 CFR Part 270.  To comply with these
regulations, respondents must submit several information collections,
including some or all of the following:

•	Notification that an owner/operator has decided to implement the
alternative valves in gas/vapor service or in light liquid service
standard specified in §§ 264.1061(a) or 265.1061(a)
(§§ 264.1061(b)(1) and 265.1061(b)(1));

•	Notification that an owner/operator no longer implementing the
alternative standard specified in §§ 264.1061(a) or 265.1061(a) will
follow the work practice standards in §§ 264.1057(a) through (e) or
265.1057(a) through (e)  (§§ 264.1061(d) and 265.1061(d));

•	Notification that an owner/operator has decided to implement the
alternative standard for valves specified in either §§ 264.1062(b)(2)
or (b)(3) or 265.1062(b)(2) or (b)(3) (§§ 264.1062(a)(2) and
265.1062(a)(2));

•	Documentation of the determination that each piece of equipment does
or does not contain or contact hazardous waste with organic
concentration that equals or exceeds 10 percent by weight, if this
determination was based on knowledge rather than testing
(§§ 264.1062(d)(3) and 265.1062(d)(3));

•	Unit operating record containing documentation specified in
§§ 264.1064(b) - (m) or 265.1064(b) - (m) (§§ 264.1064(b), (d),
(e), and (g)-(k) and 265.1064(b), (d), (e), and (g)-(k)); and 

•	A semiannual report (§264.1065).

CONTAINMENT BUILDINGS

In 40 CFR Part 264 and 265, Subpart DD, EPA promulgated regulations
applicable to owner/operators of facilities that dispose of hazardous
wastes in containment buildings.  To comply with these regulations,
respondents must submit several information collections, including some
or all of the following:

•	A demonstration that the unit substantially meets standards of
Subpart DD, if the owner/operator wants the secondary containment
requirement to be delayed (§264.1101(b) and §265.1101(b));

•	Certification by a professional engineer and records of leaks,
spills, and associated cleanup activities (§264.1101(c) and
§265.1101(c));

•	A no-free-liquids demonstration (§264.1101(c) and §265.1101(c));
and

•	A written description of operating procedures used to maintain the
integrity of areas without secondary containment (§264.1102(c)(4) and
§265.1101(c)(4)).

SPECIFIC HAZARDOUS WASTE RECOVERY/RECYCLING FACILITIES

In 40 CFR Part 266, Subpart F, EPA promulgated standards for managing
specific types of precious metals at recycling facilities.  To comply
with these regulations, respondents must keep records of precious metals
stored onsite, demonstrating that they are not speculatively accumulated
(§266.70(c)).

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	NEED AND AUTHORITY FOR THE COLLECTION

This subsection establishes the need and legal authority for each
information collection covered in this ICR.  All of the collection
requirements covered in this ICR have been published in 40 CFR Parts
261, 264 and 265, Subparts I through DD, and 40 CFR Part 266, Subpart F.
 With each collection covered in this ICR, EPA is aiding the goal of
complying with its statutory mandate under RCRA to develop standards for
hazardous waste TSDFs, as may be necessary, to protect human health and
the environment.  Section 2(b) lists each information collection along
with its regulatory citation, and provides precise information regarding
the decisions EPA makes with the information provided by the
respondents.

2(b)	PRACTICAL UTILITY AND USERS OF THE DATA

This subsection establishes the practical utility of the information
that is collected from respondents by listing each collection and its
regulatory citation and by explaining how the Agency uses the
information.

CONTAINERS

In 40 CFR Parts 264 and 265, Subpart I, EPA promulgated regulations that
require owner/operators of facilities that use containers for storing or
treating hazardous waste to inspect areas where containers are stored
for looking for leaks and for deterioration caused by corrosion or other
factors (§§264.174 and 265.174).  EPA uses this information to ensure
that the integrity of these units is maintained.

TANK SYSTEMS

In 40 CFR Parts 264 and 265, Subpart J, EPA promulgated standards
applicable to owner/operators of facilities that use tank systems for
storing or treating hazardous waste.  The following lists Agency
information collection requirements for tank systems, and the uses for
the data.

•	A no-free-liquids demonstration (§264.190(a) and §265.190(a)). 
EPA uses this demonstration to decide whether it may exempt facilities
that meet this and other conditions from the requirements of §264.193
and §265.193.

•	Existing tank system assessments (§264.191 and §265.191).  EPA
uses this information to assure that facilities operate tank systems
that are appropriate for storing and treating hazardous waste.

•	New tank system assessments and certifications (§264.192 and
§265.192).  EPA uses new tank system assessments and certifications to
assure that any new components or systems installed at facilities are
appropriate for storing and treating hazardous waste.

•	An equivalent containment exemption (§264.193(d) and §265.193(d)).
 EPA may grant this exemption to facilities that can demonstrate that
their release containment system is equivalent to a liner, vault, or
double-walled tank.  This exemption lessens the burden on facilities
without compromising public health or the environment.

•	An exemption from the 24-hour leak detection requirement
(§264.193(e)(3)(iii) and §265.193(e)(3)(iii)).  EPA may grant this
exemption to facilities that can demonstrate that existing technologies
or site conditions will not allow detection of a leak within 24 hours. 
The exemption allows these facilities to use a system that will detect
failure or contamination at the earliest practicable time.

•	A variance from secondary containment requirements (§264.193(g) and
§265.193(g)).  EPA may grant facilities a variance from all secondary
containment requirements if they can demonstrate that alternative design
and operating practices, together with location characteristics, will be
as protective of the environment as secondary containment.  This
variance lessens the burden on facilities without compromising public
health or the environment.

•	Annual leak tests and inspections (§264.193(i) and §265.193(i)). 
EPA uses this information to insure that hazardous wastes are not
leaking into the environment.  The Agency requires facilities to conduct
these tests and inspections until they comply with the secondary
containment requirements.

•	An exemption from the 24-hour waste removal requirement
(§264.196(b) and §265.196(b)).  EPA uses information submitted by
facilities under these sections to decide whether to grant the
exemption.  EPA regulations require facilities at which there has been a
spill to, within 24 hours, remove enough waste from the system to
prevent further release and allow for inspection and repair of the tank.
 If the unit can demonstrate that it is not possible to do so within 24
hours, EPA will allow the unit to remove the waste at the earliest
possible time.

•	Release notifications and reports, and major repair certifications
(§264.196(d) and (f) and §265.196(d) and (f)).  EPA uses release
notifications and reports to document hazardous waste releases and track
the progress of their cleanup.  In cases in which a release has been
caused by major system damage, the Agency uses the certifications to
document that the system has been adequately repaired.

•	Decontamination of soils demonstration (§264.197(b) and
§265.197(b)).  EPA uses this demonstration to certify clean-closure of
tank systems and to decide whether to exempt facilities from
post-closure care requirements under §264.310 and §265.310.

SURFACE IMPOUNDMENTS

In 40 CFR Parts 264 and 265, Subpart K, EPA promulgated standards
applicable to owner/operators of facilities that use surface
impoundments to treat, store, or dispose of hazardous wastes.  The
following lists Agency information collection requirements for surface
impoundments, and the use of the data.

•	Facilities must submit design and operating requirements, including
assessment of alternate design and operating practices, notification of
intent to receive waste, and certification of certain alternate design
features or operating plans (§264.221, §265.221 and §265.222).  EPA
uses this information to confirm that surface impoundments wishing to
store or treat hazardous waste are designed and operated so that they
pose no threat to the environment.

•	Facilities must develop action leakage rates and Response Action
Plans, calculate average daily flow rates, and notify EPA of any
exceedance of an action leakage rate (§265.222(a), §265.222(c) and
§264.222(c), §265.223(a), and §265.223(b) and §264.223(b)). 
Facilities must also conduct remediation determination analyses
(§265.223(c) and §264.223(c)).  EPA reviews this information to ensure
that owner/operators take the necessary steps to address leakage from
their units.

•	A certification of a dike’s sufficient structural integrity
(§264.226(c)).  Prior to issuing a permit and after any extended period
of time in which an impoundment is not in use, EPA uses this information
to ensure that the impoundment’s dike is sound.

•	Records of waste treatment data (§265.225(2)(i)).  To lessen the
chance of improper or dangerous treatment, EPA collects these data when
a surface impoundment at an interim status facility is used to
chemically treat hazardous waste with a substantially different method
than any previously used in the same impoundment.

•	Facilities must maintain records of all monitoring and inspection
activities and data (§265.226(b)(1) and §264.226(d)(1)).  EPA uses
this information to ensure that the integrity of these units is
maintained.

•	Development of pump operating levels (§265.226(b)(3)).  EPA uses
this information to ensure proper operation of surface impoundment
units.

•	A notification of a surface impoundment’s removal from service,
and the certification required for restoring the service.  40 CFR
264.227(a) requires surface impoundments to be removed from service in
certain emergency situations.  EPA requires the notifications so that it
is apprised of all such emergencies.  In addition, the Agency requires
any impoundment containing a liner and removed from service under 40 CFR
264.227(a) to be certified prior to being put back into service.  This
assures EPA that the impoundment has been repaired to meet the design
specifications approved in the unit’s permit.

•	A certification for ignitable or reactive wastes (§265.229(b)). 
The Agency uses this information to ensure that ignitable or reactive
wastes are properly treated and handled before being placed in the
interim status surface impoundment to which the certification applies.

•	Closure plan information (§265.113(e) and §264.113(e)).  EPA
collects this information to ensure that owner/operators close their
facilities and conduct any necessary remediation such that the unit does
not pose any threat to human health and the environment.

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.231(a)).  F-listed wastes are those from
non-specific sources.  EPA is less likely to know the exact physical and
chemical characteristics of particular non-specific source wastes than
those of uniform, specific-source wastes.  Without this knowledge, the
Agency cannot ensure that these wastes are safely placed or disposed. 
Consequently, EPA prohibits owner/operators from placing these wastes in
a surface impoundment unless the owner/operator operates the impoundment
in accordance with an approved management plan that includes information
such as the physical and chemical properties of the wastes, their
potential to migrate through the soil, the mobilizing properties of
other materials co-disposed with the wastes, and other data.

WASTE PILES

In 40 CFR Part 264 and Part 265, Subpart L, EPA promulgated standards
applicable to owner/operators of facilities that store or treat
hazardous waste in piles.  The following lists Agency information
collection requirements for waste piles, and the use of the data.

•	Exemption from liner and leachate system requirements (§264.251(b)
and §265.254 (Note:  §264.254 states that the owner/operator must
comply with the requirements in §264.251)).  EPA requires waste piles
to have liners and leachate collection and removal systems sufficient to
prevent any waste migration for the active life of the pile, including
the closure period (§264.251(a)).  The Agency details design,
construction, and installation requirements for the liners and
collection systems.  At §264.251(b), EPA exempts waste piles from the
requirements in paragraph §264.251(a) if the owner/operator can
demonstrate that alternate design and operating practices, together with
location characteristics, will prevent hazardous constituents from
migrating into the ground or surface water at any future time.  EPA
allows this exemption to reduce the financial and other burden on
landfills that, though they do not comply with approved design
standards, do not threaten ground or surface water.

•	Facilities must develop action leakage rates and Response Action
Plans, calculate average daily flow rates, and notify EPA of any
exceedance of an action leakage rate.  Facilities must also conduct
remediation determination analyses (§265.255(a), §265.255(c) and
§264.252(c), and §265.259(a)-(c) and §264.253(b)-(c)).  EPA reviews
this information to ensure that owner/operators take the necessary steps
to address leakage from their units.

•	Facilities must maintain records of all monitoring and inspection
activities and data (§265.260 and §264.254(c)).  EPA uses this
information to ensure that the integrity of these units is maintained.

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.259(a)).  F-listed wastes are those from
non-specific sources.  EPA is less likely to know the exact physical and
chemical characteristics of particular non-specific source wastes than
those of uniform, specific-source wastes.  Without this knowledge, the
Agency cannot ensure that these wastes are safely placed or disposed. 
Consequently, EPA prohibits owner/operators from placing these wastes in
a waste pile unless the owner/operator operates the pile in accordance
with an approved management plan that includes information such as the
physical and chemical properties of the wastes, their potential to
migrate through the soil, the mobilizing properties of other materials
co-disposed with the wastes, and other data.

LAND TREATMENT

In 40 CFR Parts 264 and 265, Subpart M, EPA promulgated standards
applicable to owner/operators of hazardous waste land treatment
facilities.  The following lists Agency information collection
requirements for land treatment facilities, and the use of the data.

•	Food-chain crop notification (§265.276(a)).  EPA uses these
notifications to keep track of food-chain crops grown at hazardous waste
land treatment units. 

•	Records demonstrating that heavy metals and other constituents will
not be transferred from soil to plants grown on unit land
(§265.276(b)(1)).  EPA requires these information collections to assure
that no threats to public health stem from growing food-chain crops on
hazardous waste unit lands.

•	40 CFR 264.276 and §265.276 regulates the growth of food-chain
crops at hazardous waste land treatment facilities.  Owner/operators
must notify EPA if crops are grown, or have been grown and will be grown
again, on the unit.  Owner/operators of interim status units must also
keep, at the unit, records of the information necessary to make the
demonstration under 40 CFR 265.276(b)(1).  EPA requires these
information collections to assure that no threats to public health stem
from growing food chain crops on hazardous waste unit lands.

•	An operating plan demonstrating how the animal feed will be
distributed to preclude ingestion by humans (§264.276(b)(2)(iii) and
§265.276(c)(2)(iii)).  EPA requires this information collection to
ensure that measures are taken to safeguard against possible health
hazards from cadmium entering the food chain, which may result from
alternative land uses.

•	A record of the unsaturated-zone monitoring plan required for
interim status facilities (§265.278(d)).  Interim status land treatment
facilities must keep on file a written record documenting the
unsaturated-zone monitoring system required in 40 CFR 265.278.  EPA uses
the information to guarantee that interim status land treatment
facilities have installed the requisite monitoring systems.

 

•	Notification, modification, and report associated with
unsaturated-zone monitoring requirements for permitted facilities
(§264.278(g) and (h)).  Land treatment facilities must notify EPA
whenever they determine that there is a statistically significant
increase of hazardous constituents below the treatment zone, and must 1)
submit a permit modification application to modify the operating
practices at the unit, or 2) submit a report to EPA demonstrating that
the source of the increase is not the regulated unit.  The information
informs EPA of and allows EPA to alter operating practices that increase
hazardous constituent concentrations below the treatment zone.

•	Certifications of closure (§264.280(b) and §265.280(e)). To assure
that interim status and permitted facilities have been closed in
accordance with specifications in EPA-approved closure plans, EPA
requires certification by both an independent qualified scientist and
the owner/operator that the unit has done so.

•	A demonstration for exemption from the post-closure requirements of
§264.280(a) and (c).  40 CFR 264.280(d) exempts facilities from these
requirements if they can demonstrate that there are no significant
amounts of hazardous constituents in the treatment zone soil.  EPA
allows this exemption to reduce the financial and other burden on land
treatment facilities that have not contaminated the treatment zone soil.

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.283).  F-listed wastes are those from non-specific
sources.  EPA is less likely to know the exact physical and chemical
characteristics of particular non-specific source wastes than those of
uniform, specific-source wastes.  Without this knowledge, the Agency
cannot ensure that these wastes are safely placed or disposed. 
Consequently, EPA prohibits owner/operators from placing these wastes in
a land treatment unit unless the owner/operator operates the unit in
accordance with an approved management plan that includes information
such as the physical and chemical properties of the wastes, their
potential to migrate through soil, the mobilizing properties of other
materials co-disposed with the wastes, and other data.

LANDFILLS

In 40 CFR Parts 264 and 265, Subpart N, EPA promulgated regulations
applicable to 

owner/operators of facilities that dispose of hazardous wastes in
landfills.  The following lists Agency information collection
requirements for landfills, and the use of the data.

•	A notification of intent to receive waste (§265.301(b)).  EPA
requires this notification so that it may track interim status land
disposal facilities disposing hazardous waste.

•	A demonstration for exemption from the liner and leachate collection
system requirements (§264.301(b)).  The Agency details design,
construction, and installation requirements for liners and collection
systems.  EPA exempts permitted landfills from these requirements if
they can demonstrate that alternate design and operating practices,
together with location characteristics, will prevent hazardous
constituents from migrating into the ground or surface water at any
future time.  EPA allows this exemption to reduce the financial and
other burden on landfills that, though they do not comply with approved
design standards, do not threaten ground or surface water.

•	A demonstration to obtain a waiver from the double liner requirement
for a monofill (§265.301(d)(2)(ii)).  EPA grants this waiver to interim
status landfill units if the owner/operator can demonstrate that the
monofill is located, designed, and operated as to assure that there will
be no migration of any hazardous constituent into ground water or
surface water at any future time.  EPA grants this waiver to reduce
financial and other burden on landfills that, though they do not comply
with approved design standards, do not threaten ground or surface water.

•	Facilities must develop action leakage rates and Response Action
Plans, calculate average daily flow rates, and notify EPA of any
exceedance of an action leakage rate.  Facilities must also conduct
remediation determination analyses (§264.302(c), §265.302(a), and
§265.302(c) and §264.304(b)-(c) and §265.303(a)-(c)).  EPA reviews
this information to ensure that owner/operators take the necessary steps
to address leakage from their units.

•	Facilities must maintain records of all monitoring and inspection
activities and data (§264.303(c)(1) and §265.304(b)).  EPA uses this
information to ensure that the integrity of these units is maintained.

•	Development of pump operating levels (§265.304(b)).  EPA uses this
information to ensure proper operation of landfill units.

•	A no-free-liquids demonstration (§264.314(c) and §265.314(d)). 
EPA uses this demonstration to decide whether it may exempt facilities
that meet this and other conditions from the requirements of 40 CFR
264.193 and §265.193.

•	A demonstration to allow placement of non-hazardous liquids in a
landfill under §264.314(e) and §265.314(f).  EPA uses this information
to decide whether a unit may safely dispose a non-hazardous liquid in a
landfill.

•	A waste management plan for hazardous wastes F020, F021, F022, F023,
F026, and F027 (§264.317(a)).  F-listed wastes are those from
non-specific sources.  EPA is less likely to know the exact physical and
chemical characteristics of particular non-specific source wastes than
those of uniform, specific-source wastes.  Without this knowledge, the
Agency cannot ensure that these wastes are safely placed or disposed. 
Consequently, EPA prohibits owner/operators from placing these wastes in
landfills unless they are operated in accordance with an approved
management plan that includes information such as the physical and
chemical properties of the wastes, their potential to migrate through
soil, the mobilizing properties of other materials co-disposed with the
wastes, and other data.

INCINERATORS

In 40 CFR Parts 264 and 265, Subpart O, EPA promulgated regulations for
owner/operators of facilities that incinerate hazardous waste.  The
following lists Agency information collection 

requirements for incinerators, and the use of the data.  [Note:  Most of
the 264 Subpart O information collection requirements are covered in the
“Part B Permit Application, Permit Modification, and Special Permits
ICR (EPA ICR Number 1573).]

•	Documentation necessary for an exemption from the Subpart O
requirements (except closure requirements) (§264.340(b) and
§265.340(b)).  To lessen the burden on the respondent universe, EPA
exempts facilities from these regulations provided that there will be no
adverse effects on public health or the environment.

•	An application for certification to burn hazardous wastes F020,
F021, F022, F023, F026, and F027 (§265.352(b)(1)).  EPA requires this
application to determine the suitability of the interim status
incinerators applying for it to burn these wastes.

•	Notification of intent to burn hazardous wastes F020, F021, F022,
F023, F026, and F027 (§264.343(a)(2)).  EPA requires this notification
to regulate facilities that intend to burn F-listed wastes.

•	Collection of monitoring and inspection data (§264.347(d).  The
unit would collect this information to demonstrate continued compliance
with permit conditions.

THERMAL TREATMENT UNITS

40 CFR Part 265, Subpart P requires owners/operators of facilities that
thermally treat hazardous waste in devices other than enclosed devices
using controlled flame combustion who chose to burn EPA Hazardous Wastes
F020, F021, F022, F023, F026, or F027 to submit an application to burn
these wastes (§265.383 (a)(1)).  EPA reviews this information to ensure
that owner/operators of thermal treatment units subject to Subpart P can
meet the performance standard in Part 264, Subpart O when they burn
these wastes.

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS

In 40 CFR Part 265, Subpart Q, EPA promulgated standards that are
applicable to owners/operators of facilities which treat hazardous
wastes by chemical, physical, or biological methods in units other than
tanks, surface impoundments, and land treatment facilities.  The
following lists Agency information collection requirements for chemical,
physical, and biological treatment units, and the uses for the data.

•	Records of waste analyses and trial tests (§265.402).  EPA uses
this information to assure that facilities operate units that are
appropriate for the treatment of hazardous wastes.

•	Records pertaining to inspection activities and data (§265.403). 
EPA uses this information to ensure that the integrity of these units is
maintained.

DRIP PADS

In 40 CFR Part 261, Subpart D, EPA promulgated regulations that require
generators of wood preserving wastes to prepare, sign and follow an
equipment cleaning or an equipment replacement plan, and maintain
documentation of any equipment cleaning or replacement
(§261.35(b)-(c)).  EPA reviews this information to ensure that no
threat to human health or the environment is posed by improperly
maintained or cleaned drip pads.

In 40 CFR Parts 264 and 265, Subpart W, EPA promulgated regulations for
owners/operators of facilities which treat or store hazardous wastes on
drip pads.  Facilities must develop a contingency plan and a plan for
upgrading, repairing, and modifying drip pads.  In addition, facilities
must maintain documentation and assessments of drip pad integrity and
design, operating and waste handling practices, waste release
discoveries, and weekly inspections.  EPA reviews this information to
ensure that the integrity of the units is maintained to prevent any
release of waste to the environment.  In addition, the requirements are
designed to ensure the safe handling of wastes and effective management
of the discharge of any drippage from the units.

MISCELLANEOUS UNITS	

In 40 CFR Part 264, Subpart X, EPA promulgated regulations that are
applicable to owners/operators of facilities that treat, store, or
dispose of hazardous waste in miscellaneous units.  Because developing
and following a written schedule for inspecting equipment is covered in
the General Hazardous Waste Facility Standards ICR ( EPA ICR Number
1571), submitting a biennial report is covered in the Biennial Report
ICR (EPA ICR Number 976), preparing an unmanifested waste report is
covered in the Manifest ICR (EPA ICR Number 801), and release, fire,
explosion, and closure reports are covered in the General Hazardous
Waste Facility Standards ICR (EPA ICR Number 1571), data items and
activities associated with these items will not be covered in this ICR. 

PROCESS VENTS

Records and reports required in 40 CFR Parts 264 and 265, Subpart AA are
used to enable EPA to (1) identify TSDFs that may not understand the
workings of the standard or may not be in compliance with the standard
and (2) to ensure that the standards required by Section 3004(n) are
being implemented effectively.  Based on reported information, EPA can
decide how many TSDF inspections will be needed, which TSDFs should be
inspected, and what records or processes should be reviewed at the TSDF.
 The records that TSDFs will maintain will play a significant role for
the unit owner or operator in assessing unit personnel efforts and in
determining whether the unit is in compliance with the standard.  The
records will reveal misunderstandings about how the standard is to be
implemented.

EQUIPMENT LEAKS

Records and reports required in 40 CFR Parts 264 and 265, Subpart BB are
used to enable EPA to (1) identify TSDFs that may not understand the
workings of the standard or may not be in compliance with the standard
and (2) to ensure that the standards required by Section 3004(n) are
being implemented effectively.  Based on reported information, EPA can
decide how many TSDF inspections will be needed, which TSDFs should be
inspected, and what records or processes should be reviewed at the TSDF.
 The records that TSDFs will maintain play a significant role for the
unit owner or operator in assessing unit personnel efforts and in
determining whether the unit is in compliance with the standard.  The
records will reveal misunderstandings about how the standard is to be
implemented.

CONTAINMENT BUILDINGS

Subpart DD requires facilities to maintain records of engineer
certifications, releases and cleanup actions, and inspections. 
Facilities use these records to ensure that the containment building is
operating properly, that it is not a waste pile, and that releases are
properly addressed.  Facilities must also notify EPA of releases.  EPA
uses these notifications to ensure that releases are cleaned up. 
Facilities may also submit demonstrations that secondary containment is
not necessary, which EPA uses to determine if secondary containment
requirements may be waived or delayed.  EPA may also review unit files
during an inspection to ensure that proper records are being kept.

SPECIFIC HAZARDOUS WASTE RECOVERY/RECYCLING FACILITIES

In 40 CFR Part 266, Subpart F, EPA promulgated standards for managing
specific types of hazardous wastes at specific types of hazardous waste
management facilities (e.g., hazardous wastes and used oil burned for
energy recovery).  To comply with these regulations respondents must
keep records of precious metals stored on-site, demonstrating that these
materials are no speculatively accumulated (§266.70(c)).  EPA uses this
information to guarantee that the respondents are not accumulating the
recycled materials for the purpose of speculation, since this would
qualify the materials as waste.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	NONDUPLICATION

The information collections covered in this ICR are not available from
sources other than the respondents.  EPA’s Office of Solid Waste (and
authorized States in lieu of EPA) is the only Office within the Agency
collecting this information, and no other Federal agency or department
collects this information.  In addition, the Office of Solid Waste in
partnership with the States has systematically reorganized its
information collection structure to eliminate gaps or duplication.

3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice on June 11, 2007 (72 Federal Register 32093).  The public
comment period extended through August 10, 2007.  EPA did not receive
any public comments on the draft ICR during the public comment period.

3(c)	CONSULTATIONS

The activities and factors for estimating the burden hours and cost
estimates for this ICR are well established.  EPA consulted with members
of the regulated community that are respondents for the information
collection request.  Consultations were conducted with:  Kevin Sheehan,
Chemical Waste Management, (716) 754-8231.  Richard Devine, Diversified
Scientific Services, Inc. (865) 376-0084

3(d)	EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the burden imposed upon the regulated
community by the specific unit and by special waste processes and types
regulations.  Consequently, EPA is confident that those activities
required of all respondents are necessary, and to the extent possible, 
has minimize the burden imposed.  EPA believes strongly that if the
minimum requirements specified under the regulations are not met, EPA
will be unable to fulfill its Congressional mandate to protect public
health and the environment.

3(e)	GENERAL GUIDELINES

This ICR adheres to the guidelines stated in the 1995 Paperwork
Reduction Act , OMB’s implementing regulations, EPA’s Information
Collection Review Handbook, and other applicable OMB guidance.

3(f)	CONFIDENTIALITY

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define
EPA’s general policy on the public disclosure of information, contain
provisions for confidentiality.  EPA also ensures that the information
collection procedures comply with the Privacy Act of 1974 and the OMB
Circular 108.  EPA does not anticipate requesting any confidential
information.

3(g)	SENSITIVE QUESTIONS

No questions of a sensitive nature are included in any of the
information collection requirements.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	RESPONDENTS UNIVERSE AND NAICS CODES

The following is a list of North American Industrial Classification
System (NAICS) codes associated with the respondents most likely to be
affected by the information collection requirements detailed in this
ICR.

211112	Natural Gas Liquid Extraction

221111	Hydroelectric Power Generation

221112	Fossil Fuel Electric Power Generation

221113	Nuclear Electric Power Generation

221119	Other Electric Power Generation

221121	Electric Bulk Power Transmission and Control

221122	Electric Power Distribution

22132	Sewage Treatment Facilities

311942	Spice and Extract Manufacturing

323110	Commercial Litographic Printing

323114	Quick Printing

32411	Petroleum Refineries

32511	Petrochemical Manufacturing

32512	Industrial Gas Manufacturing

325131	Inorganic Dye and Pigment Manufacturing

325188	All Other Basic Inorganic Chemical Manufacturing

325193	Ethyl Alcohol Manufacturing

325199	All Other Basic Organic Chemical Manufacturing

325211	Plastics Material and Resin Manufacturing

32551	Paint and Coating Manufacturing

325998	All Other Miscellaneous Chemical Product and Preparation
Manufacturing

331311	Alumina Refining

33271	Machine Shops

332813	Electroplating, Plating, Polishing, Anodizing, and Coloring

332999	All Other Miscellaneous Fabricated Metal Product Manufacturing

333319	Other Commercial and Service Industry Machinery Manufacturing

333999	All Other Miscellaneous General Purpose Machinery Manufacturing

33422	Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing

33431	Audio and Video Equipment Manufacturing

334418	Printed Circuit Assembly (Electronic Assembly) Manufacturing

334419	Other Electronic Component Manufacturing

336211	Motor Vehicle Body Manufacturing

336312	Gasoline Engine and Engine Parts Manufacturing

336322	Other Motor Vehicle Electrical and Electronic Equipment
Manufacturing

33633	Motor Vehicle Steering and Suspension Components (except Spring)
Manufacturing

33634	Motor Vehicle Brake System Manufacturing

33635	Motor Vehicle Transmission and Power Train Parts Manufacturing

336399	All Other Motor Vehicle Parts Manufacturing

42271	Petroleum Bulk Stations and Terminals

44111	New Car Dealers

44711	Gasoline Stations with Convenience Store

44719	Other Gasoline Stations

454311	Heating Oil Dealers

454312	Liquefied Petroleum Gas (Bottled Gas) Dealers

48411	General Freight Trucking, Local

48421	Used Household and Office Goods Moving

48422	Specialized Freight (except Used Goods) Trucking, Local

562111	Solid Waste Collection

562112	Hazardous Waste Collection

562119	Other Waste Collection

562211	Hazardous Waste Treatment and Disposal

562212	Solid Waste Landfill

562213	Solid Waste Combustors and Incinerators

562219	Other Non-hazardous Waste Treatment and Disposal

56292	Materials Recovery Facilities

811111	General Automotive Repair

4(b)	INFORMATION REQUESTED

The following subsection presents the data items and respondent
activities required for each of the broad information collection areas
introduced in the previous section.  

CONTAINERS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart I is
expected to read the regulations.

Inspections

40 CFR 265.174 requires owners and operators of interim status
containers to conduct inspections of the areas where the containers are
stored.  Data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements includes:  

•	Documentation pertaining to the weekly inspection of the areas where
the containers are stored.  During each inspection, owners and operators
must look for leaks and for deterioration caused by corrosion or other
factors.

(ii)	Respondent activity:

Respondents must perform the following activity in documenting in the
operating record of the facility the inspection of the area where the
containers are stored:

•	Record all inspection data.

Air emission standards

40 CFR 265.178 requires owners and operators of interim status
facilities to manage all hazardous waste placed in a container in
accordance with the applicable requirements of Subparts AA, BB, and CC. 
All data items and respondent activities under Subparts AA and BB, as
applicable to containers, are covered later in this ICR under process
vents and equipment leaks, respectively.  Data items and respondent
activities under Subpart CC, as applicable to containers, are covered in
the Supporting Statement for EPA ICR Number 1593: “Standards of
Performance for Air Emission Standards for Tanks, Surface Improvements
and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart
CC.”

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart I is
expected to read the regulations.

Inspections

40 CFR 264.174 requires owners and operators of permitted containers to
conduct inspections of the areas where the containers are stored.  Data
items and respondent activities associated with these requirements are
covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in the “General Hazardous Waste
Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements includes:  

•	Documentation pertaining to the weekly inspection of the areas where
the containers are stored.  During each inspection, owners and operators
must look for leaks and for deterioration caused by corrosion or other
factors.

(ii)	Respondent activity:	Respondents must perform the following
activity in documenting to the operating record of the facility the
inspection of the area where the containers are stored:

•	Record all inspection data.

Air emission standards

40 CFR 264.179 requires owners and operators of interim status
facilities to manage all hazardous waste placed in a container in
accordance with the applicable requirements of subparts AA, BB, and CC. 
All data items and respondent activities under Subparts AA and BB, as
applicable to containers, are covered later in this ICR under process
vents and equipment leaks, respectively.  Data items and respondent
activities under Subpart CC, as applicable to containers, are covered in
the Supporting Statement for EPA ICR Number 1593: “Standards of
Performance for Air Emission Standards for Tanks, Surface Improvements
and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart
CC.”

TANK SYSTEMS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart J is
expected to read the regulations.

No-free-liquids demonstration

40 CFR 265.190(a) releases tank system owner/operators from the
requirements of §265.193 (containment and detection of releases)
provided that the tanks are located in buildings with impermeable floors
and are used to store or treat wastes that contain no free liquids. 
Owner/operators must demonstrate the absence of free liquids by using
EPA Method 9095 (Paint Filter Liquids Test) as described in “Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA
Publication No. SW-846) in order to be exempt from these requirements.  

(i)	Data item:

The data item required to comply with this requirement includes:  

•	Results of the Paint Filter Liquids Test, performed as specified in
SW-846.

(ii)	Respondent activities:

Respondents must perform the following activities in performing this
demonstration:

•	Perform Paint Filter Liquids Test as required; and

•	File test results at the facility.

Assessment of existing tank systems’ integrity

Under 40 CFR 265.191 owner/operators of facilities with tank systems
that (1) store or treat waste that becomes hazardous after July 14, 1986
and (2) do not meet the secondary containment requirements of 40 CFR
265.193 must determine that the tank systems are sufficient for storing
or treating hazardous waste.

(i)	Data item:

The data item required to comply with this requirement includes:  

•	For each tank system, a written assessment that has been reviewed
and certified by an independent, qualified registered professional
engineer in accordance with 40 CFR 270.11(d).  At a minimum, the
assessment must consider the following:

--			The design standards to which the tank and ancillary equipment were
constructed;

--			Hazardous characteristics of the waste(s) that has been and will be
handled;

--			Existing corrosion protection measures;

--			The tank’s documented or estimated age; and

--			Results of a leak test performed as specified in 40 CFR
265.191(b)(5)(i) and (ii).

(ii)	Respondent activities:

Respondents must perform the following activities in assessing their
tank systems:

•	Perform the leak test as specified in 40 CFR 265.191(b)(5)(i) and
(ii);

•	Write or have written an assessment certified by an independent,
qualified, registered professional engineer that attests to the tank
system’s integrity; and

•	File the assessment at the facility.

Design and installation of new tank systems or components

40 CFR 265.192 requires owner/operators of new tank systems or
components to obtain a written assessment attesting that the tank system
is acceptable for storing and treating hazardous waste.  In addition,
owner/operators must obtain and keep on file at the unit statements
written by those who designed the tank system and supervised its
construction.  These statements will verify that the system was designed
and constructed properly.

(i)	Data items:

Data items required to comply with these requirements include:  

•	For each new tank system, a written assessment that has been
reviewed and certified by an independent, qualified, registered
professional engineer in accordance with 40 CFR 270.11(d).  At a
minimum, the assessment must report on the following:

--			The design standards to which the tank and ancillary equipment were
constructed;

--			Hazardous characteristics of the waste(s) to be handled;

--			For new systems or components in which any external metal component
of the tank system will be in contact with soil or water, a
determination by a corrosion expert of the factors affecting the
potential for and protection from corrosion as specified in 40 CFR
265.192(a)(3)(i) and (ii);

--			For underground tank systems likely to be adversely affected by
vehicular traffic, the design or operational measures that will protect
the tank system from damage; and

--			Design considerations to ensure that: (1) tank foundations will
maintain the load of a full tank, (2) the systems will not float or
dislodge when placed in a saturated or seismic fault zone, and (3) the
systems will withstand the effects of frost heave.

•	Maintain records of statements written by those who certify the tank
system’s design and supervise its installation (§265.192(g)).  These
records must verify that the system was designed and installed according
to the regulatory requirements, and that any needed repairs were
performed.  They must also include the certification statement as
required in 40 CFR 270.11(d).

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
these requirements:

•	Prepare the written assessment and have it reviewed and certified;

•	Obtain written statements from those who certified the design of the
tank system and supervised its installation; and

•	Maintain the written statements at the facility.

Containment and detection requirements

40 CFR 265.193 requires tank systems to have secondary containment that
will prevent the release of hazardous constituents into the environment.
 New tank systems must have the containment installed prior to their
being put into service.  The dates by which containment must be
installed on existing tank systems depend upon the waste types handled,
the system’s age, and other factors.  The information collection
requirements in this section include reports to the Regional
Administrator that will exempt, when appropriate, tank system
owner/operators from specific secondary containment standards.  In
addition, 40 CFR 265.193(g) allows owner/operators to obtain a variance
from all secondary containment requirements if they can demonstrate to
the Regional Administrator that alternative design and operating
practices, together with location characteristics, will be as protective
of the environment as secondary containment.  

Equivalent containment devices

40 CFR 265.193(d) requires all secondary containment for tank systems to
include one or more of the following devices:  a liner; a vault; a
double-walled tank; or an equivalent device, as approved by the Regional
Administrator.  The regulations do not specify the means by which
respondents will obtain approval of their equivalent containment
devices.  Though some respondents may choose to use a
previously-approved containment device, this ICR assumes that
owner/operators will submit to the Regional Administrator written
information regarding the design and type of device, as well as
additional information that may be necessary to substantiate a claim
that the device is equivalent to a liner, vault, or double-walled tank.

(i)	Data item:

The data item required to comply with this requirement includes:  

•	Written information regarding the design and type of containment
device as well as additional information that may be necessary to
substantiate a claim that the device is equivalent to a liner, vault, or
double-walled tank.

(ii)	Respondent activities:

Respondents must perform the following activities in obtaining approval
for their equivalent containment device:

•	Gather information regarding the design and type of containment
device as well as additional information necessary to substantiate a
claim that the device is equivalent to a liner, vault, or double-walled
tank; and

•	Submit the information to the Regional Administrator.

Exemption from 24-hour leak detection requirement

40 CFR 265.193(e)(3)(iii) requires secondary containment systems to have
a leak detection system that will detect a release within 24 hours.  If
owner/operators can demonstrate that existing technologies or site
conditions will not allow detection within 24 hours, they may use a leak
detection system that will detect failure or contamination “at the
earliest practicable time.”

(i)	Data item:

The data item required to comply with this requirement includes:  

•	Any such evidence regarding existing technologies or site conditions
sufficient to show that the leak detection system cannot detect failure
or contamination within 24 hours.

(ii)	Respondent activities:

Respondents must perform the following activities in obtaining an
exemption from the 24 hour detection requirement:

•	Compile evidence showing that the leak detection system cannot
detect failure or contamination within 24 hours; and

•	Submit the evidence to the Regional Administrator.

Variance from secondary containment requirements

40 CFR 265.193(g) allows owner/operators to obtain a variance from all
secondary containment requirements if they can demonstrate to the
Regional Administrator that (1) alternative design and operating
practices, together with location characteristics, will prevent the
migration of hazardous 

constituents into the ground water or surface water as effectively as
secondary containment or (2) if a release does migrate to ground or
surface water, that the release will pose no 

substantial hazard. 

(i)	Data item:

The data item required to comply with this requirement includes:  

•	A written notification to the Regional Administrator indicating
intent to conduct and submit a demonstration for a variance from
secondary containment.  This notification must contain:

--			A description of the steps necessary to conduct the demonstration
(which must address each factor listed in 40 CFR 265.193(g)(1) and (2));
and 

--			A timetable for completing each step.

(ii)	Respondent activities:

Respondents must perform the following activities in obtaining a
variance from secondary containment:

•	Prepare and submit, to the Regional Administrator, the notification
of intent to conduct a demonstration (for existing tank systems,
notification must be submitted 24 months prior to the date at which
secondary containment must be provided; for new systems, notification
must be submitted at least 30 days before entering into a contract to
install the system);

•	Complete the demonstration in accordance with 40 CFR 265.193(g)(1)
and (2); and

•	Submit the completed demonstration to the Regional Administrator
within 180 days of submitting the notification.

Annual leak tests and inspections

40 CFR 265.193(i) requires owner/operators, until they meet the
secondary containment requirements, to conduct annual leak tests and/or
inspections of their tanks and ancillary equipment.  Records of these
assessments must be kept on file at the facility.  Data items and
respondent activities associated with these requirements are covered in
this ICR.  However, the burden for recordkeeping the applicable data
items is covered in the “General Hazardous Waste Facility Standards
ICR” (EPA ICR Number 1571).  

(i)	Data item:

The data item required for these recordkeeping requirements is:

•	A record of the results of the leak tests and/or inspections
required under 40 CFR 265.193(i).

(ii)	Respondent activities:

Respondents must perform the following activities in filing a record of
the assessment results:

•	For non-enterable underground tanks, conduct a leak test that meets
the requirements of 40 CFR 265.191(b)(5); 

•	For all other tanks and for ancillary equipment, conduct an annual
leak test that meets the requirements in 40 CFR 265.191(b)(5) or have
the tanks and equipment inspected as described in 40 CFR 265.193(i)(2);
and

•	Record the inspection and/or test results.

Inspections

40 CFR 265.195 requires owners and operators of interim status tank
systems to conduct inspections of their units.  Data items and
respondent activities associated with these requirements are covered in
this ICR.  However, the burden for recordkeeping the applicable data
items is covered in the “General Hazardous Waste Facility Standards
ICR” (EPA ICR Number 1571).

(i)	Data items:

The data items required to comply with these requirements include:  

Documentation pertaining to the daily inspection, where present, of the
following components of the tank system:

--			Overfill/spill control equipment (e.g., waste-feed cutoff systems,
bypass systems, and drainage systems) to ensure that it is in good
working order;

--			The aboveground portions of the tank system, if any, to detect
corrosion or release of waste;

--			Data gathered from monitoring equipment and leak-detection
equipment (e.g., pressure and temperature gauges, monitoring wells) to
ensure that the tank system is being operated according to its design;
and

--			The construction materials and the area immediately surrounding the
externally accessible portion of the tank system including secondary
containment structures (e.g., dikes) to detect erosion or signs of
releases of hazardous waste (e.g., wet spots, dead vegetation).

Documentation pertaining to the inspection of cathodic protection
systems, if present, according to, at a minimum, the following schedule
to ensure that they are functioning properly:

--			The proper operation of the cathodic protection system must be
confirmed within six months after initial installation, and annually
thereafter; and

--			All sources of impressed current must be inspected and/or tested,
as appropriate, at least bimonthly (i.e., every other month).

(ii)	Respondent activity:

Respondents must perform the following activity in documenting in the
operating record of the facility the inspection of the tank systems:

Record all inspection data.

Responses to leaks or spills; disposition of leaking or unfit-for-use
tank systems

Exemption from the 24-hour waste removal requirement

40 CFR 265.196 requires a tank system or secondary containment system
from which there has been a spill to be removed from service
immediately.  Paragraph (b) of that section requires owner/operators,
within 24 hours, to remove enough waste from the system to prevent
further release and allow for inspection and repair of the tank.  If the
owner/operator can demonstrate that it is not possible to do so within
24 hours, the waste may be removed at the earliest practicable time.  

(i)	Data item:

The data item required for this demonstration includes:

•	Any such evidence sufficient to show that, within 24 hours, the
owner/operator cannot remove enough waste from the system to prevent
further release and allow for system inspection and repair.

(ii)	Respondent activities:

Respondents must perform the following activities in making this
demonstration:

•	Compile evidence showing that, within 24 hours, enough waste cannot
be removed from the system to prevent further release and allow for
system inspection and repair; and

•	Submit the evidence to the Regional Administrator.

Release notifications and reports; major repair certifications

40 CFR 265.196(d) requires facilities to comply with certain reporting
requirements in the case of a leak or spill.  Owner/operators must
notify the Regional Administrator of any release to the environment
(except as defined in 40 CFR 265.196(d)(2)) within 24 hours of
detection, and submit a detailed report within 30 days.  In addition,
where the leak or spill is caused by major system damage, 40 CFR
265.196(f) requires that owner/operators submit to the Regional
Administrator a certification of major repairs.  This documents that the
system has been repaired and is capable of handling hazardous waste
without release, and must be submitted to the Regional Administrator
within 7 days of returning the system to use.  

(i)	Data items:

Data items required for release notifications and reports include:

•	A notification to the Regional Administrator that there has been a
release;

•	A report to the Regional Administrator containing the following
information:

--			The release’s likely migration route;

--			The surrounding soil characteristics;

--			The results of any monitoring or sampling conducted in connection
with the release (if not available within 30 days, results must be
submitted as soon as practicable);

--			The release’s proximity to down gradient drinking water, surface
water, and population areas; and

--			A description of the response actions taken or planned.

Data items required for a certification of major repairs include:

•	A certification by an independent, qualified, registered
professional engineer in accordance with 40 CFR 270.11(d) that the
repaired system is capable of handling hazardous wastes without release
for the intended life of the system.

(ii)	Respondent activities:

Respondents must perform the following activities in preparing and
submitting release notifications and reports:

•	Within 24 hours of detection, notify the Regional Administrator that
there has been a release; and

•	Within 30 days of detection, prepare a detailed report for
submission to the Regional Administrator.  In order to do so,
owner/operators must:

--			Determine the release’s likely migration route;

--			Provide information on the surrounding soil characteristics;

--			Conduct appropriate monitoring or sampling;

--			Determine the release’s proximity to down gradient drinking
water, surface water, and population areas; 

--			Describe the response actions taken or planned; and

--			Compile and submit the report to the Regional Administrator.

Respondents must perform the following activities in preparing and
submitting a certification of major repairs:

•	Obtain a certification in accordance with 40 CFR 270.11(d); and

•	Within 7 days of returning the system to use, submit the
certification to the Regional Administrator.

Closure and post-closure care

Decontamination demonstration

40 CFR 265.197 regulates tank system closure and post-closure care. 
Paragraph (a) stipulates that the closure plan, closure activities, cost
estimates for closure, and financial responsibility for tank systems
must meet all of the requirements of 40 CFR Subparts G and H.  Tank
systems will be required to submit a decontamination of soils
demonstration under §264.197(b) and §265.197(b).  All other
information collection requirements for tank system closure and
post-closure care are contained in EPA ICR Number 1571, “General
Hazardous Waste Facility Standards.”  

(i)	Data items:

No specific data items are to be included in this demonstration.

(ii)	Respondent activities:

Respondents must perform the following activities in performing this
demonstration:

•	Prepare decontamination demonstration; and

•	Submit demonstration to EPA. 

Waste analysis and trial tests

40 CFR 265.200 requires interim status tank system owner/operators to
gather waste analysis data (in addition to that required in §265.13)
when a tank system is used to treat chemically or store a hazardous
waste that is substantially different from waste previously treated or
stored in that tank system; or treat chemically a hazardous waste with a
substantially different process than any previously used in that tank
system.  Data items and respondent activities associated with these
requirements are covered in this ICR. However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with this requirement includes:  

Documentation pertaining to waste analyses and trial treatment or
storage tests (e.g., bench-scale or pilot-plant scale tests);

OR

Documentation on similar waste under similar operating conditions to
show that the proposed treatment or storage will meet the requirements
of §265.194(a).

	(ii)	Respondent activities:

Respondents must perform the following activities in performing this
demonstration:

•	Conduct the waste analyses and trial tests; and

Obtain written, documented information to show that the proposed
treatment or storage will meet the requirements of §265.194(a).

Air emission standards

40 CFR 265.202 requires owners and operators of interim status
facilities to manage all hazardous waste placed in a tank in accordance
with the applicable requirements of 40 CFR part 265, Subparts AA, BB,
and CC.  All data items and respondent activities under Subparts AA and
BB, as applicable to tanks, are covered later in this ICR under process
vents and equipment leaks, respectively.  Data items and respondent
activities under Subpart CC, as applicable to tanks, are covered in the
Supporting Statement for EPA ICR Number 1593:  “Standards of
Performance for Air Emission Standards for Tanks, Surface Impoundments
and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart
CC.”

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart J is
expected to read the regulations.

No-free-liquids demonstration

40 CFR 264.190(a) releases tank system owner/operators from the
requirements of §§ 264.193 (containment and detection of releases)
provided that the tanks are located in buildings with impermeable floors
and are used to store or treat wastes that contain no free liquids. 
Owner/operators must demonstrate the absence of free liquids by using
EPA Method 9095 (Paint Filter Liquids Test) as described in “Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA
Publication No. SW-846) in order to be exempt from these requirements.  



(i)	Data item:

The data item for demonstrating the absence of free liquids includes:

•	Results of the Paint Filter Liquids Test, performed as specified in
SW-846.

(ii)	Respondent activities:

Respondents must perform the following activities in performing this
demonstration:

•	Perform the Paint Filter Liquids Test as required; and

•	File test results at the facility. 

Assessment of existing tank systems’ integrity

Under 40 CFR 264.191 owner/operators of facilities with tank systems
that (1) store or treat waste that becomes hazardous after July 14, 1986
and (2) do not meet the secondary containment requirements of 40 CFR
264.193 must determine that the tank systems are sufficient for storing
or treating hazardous waste.  

(i)	Data items:

Data items for this determination include:

•	For each tank system, a written assessment that has been reviewed
and certified by an independent, qualified registered professional
engineer in accordance with 40 CFR 270.11(d).  At a minimum, the
assessment must consider the following:

--			The design standards to which the tank and ancillary equipment were
constructed;

--			Hazardous characteristics of the waste(s) that has been and will be
handled;

--			Existing corrosion protection measures;

--			The tank’s documented or estimated age; and

--			Results of a leak test performed as specified in 40 CFR
264.191(b)(5)(i) and (ii).

(ii)	Respondent activities:

Respondents must perform the following activities in assessing their
tank systems:

•	Perform the leak test as specified in 40 CFR 264.191(b)(5)(i) and
(ii);

•	Write or have written an assessment certified by an independent,
qualified, registered professional engineer that attests to the tank
system’s integrity; and

•	File the assessment at the unit.

Design and installation of new tank systems or components

40 CFR 264.192 requires owner/operators of new tank systems or
components to obtain a written assessment attesting that the tank system
is acceptable for storing and treating hazardous waste.  Since permitted
facilities submit this assessment with their part B permit application,
activities associated with obtaining and submitting a written assessment
are covered in the “Part B Permit Application, Permit Modification,
and Special Permits ICR” (EPA ICR Number 1573). 

40 CFR 264.192(g) requires owner/operators to obtain and keep on file at
the unit statements written by those who designed the tank system and
supervised its construction.  These 

statements will verify that the system was designed and constructed
properly.  

(i)	Data item:

The data item for this requirement includes:

•	Maintaining records of statements written by those who certify the
tank system’s design and supervise its installation.  These must
verify that the system was designed and installed according to the
regulatory requirements, and that any needed repairs were performed. 
They must also include the certification statement as required in 40 CFR
270.11(d).

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
these requirements:

•	Obtain written statements from those who certified the design of the
tank system and supervised its installation; and

•	Maintain the written statements at the unit.

Containment and detection requirements

Equivalent containment device

40 CFR 264.193(d) requires all secondary containment for tank systems to
include one or more of the following devices:  a liner; a vault; a
double-walled tank; or an equivalent device, as approved by the Regional
Administrator.  The regulations do not specify the means by which
respondents will obtain approval of their equivalent containment
devices.  Though some respondents may choose to use a
previously-approved containment device, this ICR assumes that
owner/operators will submit to the Regional Administrator written
information regarding the design and type of device, as well as
additional information that may be necessary to substantiate a claim
that the device is equivalent to a liner, vault, or double-walled tank. 
Since permitted facilities submit an applications for obtaining
equivalent containment device approval with their part B permit
application, data items and activities associated with preparing and
submitting this information are covered in the Part B Permit
Application, Permit Modification, and Special Permits ICR” (EPA ICR
Number 1573). 

Exemption from 24-hour leak detection requirements

40 CFR 264.193(e)(3)(iii) requires secondary containment systems to have
a leak detection system that will detect a release within 24 hours.  If
owner/operators can demonstrate that existing technologies or site
conditions will not allow detection within 24 hours, they may use a leak
detection system that will detect failure or contamination “at the
earliest practicable time.”  Since permitted facilities submit
applications for exemption from 24-hour leak detection requirements with
their part B permit application, data items and activities associated
with preparing and submitting this information are covered in the
“Part B Permit Application, Permit Modification, and Special Permits
ICR” (EPA ICR Number 1573).

Variance from secondary containment requirements

40 CFR 264.193(g) allows owner/operators to obtain a variance from all
secondary containment requirements if they can demonstrate to the
Regional Administrator that (1) alternative design and operating
practices, together with location characteristics, will prevent the
migration of hazardous constituents into the ground water or surface
water as effectively as secondary containment or (2) if a release does
migrate to ground or surface water, that the release will pose no
substantial hazard.  Since permitted facilities submit an applications
for variances from secondary containment requirements with their part B
permit application, data items and activities associated with preparing
and submitting this information are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (EPA ICR
Number 1573).

Annual leak tests and inspections

40 CFR 264.193(i) requires owner/operators, until they meet the
secondary containment requirements, to conduct annual leak tests on the
tank system and ancillary equipment and/or develop a schedule and
procedures for assessing their tanks.  Records of the tests and
assessments must be kept on file at the facility.  Data items and
respondent activities associated with these requirements are covered in
this ICR.  However, the burden for recordkeeping the applicable data
items is covered in “General Hazardous Waste Facility Standards ICR”
(EPA ICR Number 1571).  

(i)	Data item:

The data item required for these recordkeeping requirements is:

•	A record of the results of the leak tests and/or inspections
required under 40 CFR 264.193(i).

(ii)	Respondent activities:

Respondents must perform the following activities in filing a record of
the assessment results:

•	For non-enterable underground tanks, conduct a leak test that meets
the requirements of 40 CFR 264.191(b)(5), or other method approved or
required by the Regional Administrator; 

•	For all other tanks and ancillary equipment, conduct the annual leak
test (above) or develop a schedule and procedure, in accordance with 40
CFR 264.193(i)(2), for assessing the overall condition of the tank
system.  This assessment must be performed by an independent, qualified,
registered professional engineer; and

•	Record all inspection and/or test results.

Inspections

40 CFR 264.195 requires owners and operators of interim tank systems to
conduct inspections of their units.  Data collected during these
inspections must be documented in the operating record of the facility. 
Data items and respondent activities associated with these requirements
are covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in “General Hazardous Waste Facility
Standards ICR” (EPA ICR Number 1571). 

(i)	Data items:

The data items required to comply with these requirements include:

Documentation pertaining to the inspection of overfill controls (i.e.,
schedule, procedures, and data collected during inspections).

Documentation pertaining to the daily inspection of the following
components of the tank system:

--			The aboveground portions of the tank system, if any, to detect
corrosion or release of waste;

--			Data gathered from monitoring equipment and leak-detection
equipment (e.g., pressure and temperature gauges, monitoring wells) to
ensure that the tank system is being operated according to its design;
and

--			The construction materials and the area immediately surrounding the
externally accessible portion of the tank system including secondary
containment structures (e.g., dikes) to detect erosion or signs of
releases of hazardous waste (e.g., wet spots, dead vegetation).

Documentation pertaining to the inspection of cathodic protection
systems, if present, according to, at a minimum, the following schedule
to ensure that they are functioning properly:

--			The proper operation of the cathodic protection system must be
confirmed within six months after initial installation, and annually
thereafter; and

--			All sources of impressed current must be inspected and/or tested,
as appropriate, at least bimonthly (i.e., every other month).

(ii)	Respondent activity:

Respondents must perform the following activity in documenting in the
operating record of the facility the inspection of the tank systems:

Record all inspection data.

Responses to leaks or spills; disposition of leaking or unfit-for-use
tank systems

Exemption from the 24-hour waste removal requirement

40 CFR 264.196 requires a tank system or secondary containment system
from which there has been a spill to be removed from service
immediately.  Paragraph (b) of that section requires owner/operators,
within 24 hours, to remove enough waste from the system to prevent
further release and allow for inspection and repair of the tank.  If the
owner/operator can demonstrate that it is not possible to do so within
24 hours, the waste may be removed at the earliest practicable time.  

(i)	Data item:

The data item required for this demonstration includes:

•	Any such evidence sufficient to show that, within 24 hours, the
owner/operator cannot remove enough waste from the system to prevent
further release and allow for system inspection and repair.

(ii)	Respondent activities:

Respondents must perform the following activities in making this
demonstration:

•	Compile evidence showing that, within 24 hours, enough waste cannot
be removed from the system to prevent further release and allow for
system inspection and repair; and

•	Submit the evidence to the Regional Administrator.

Release notifications and reports; major repair certifications

40 CFR 264.196(d) requires facilities to comply with certain reporting
requirements in the case of a leak or spill.  Owner/operators must
notify the Regional Administrator of any release to the environment
(except as defined in 40 CFR 264.196(d)(2)) within 24 hours of
detection, and submit a detailed report within 30 days.  In addition,
where the leak or spill is caused by major system damage, 40 CFR
264.196(f) requires that owner/operators submit to the Regional
Administrator a certification of major repairs.  This documents that the
system has been repaired and is capable of handling hazardous waste
without release, and must be submitted to the Regional Administrator
within 7 days of returning the system to use.  

(i)	Data items:

Data items required for release notifications and reports include:

•	A notification to the Regional Administrator that there has been a
release;

•	A report to the Regional Administrator containing the following
information:

--			The release’s likely migration route;

--			The surrounding soil characteristics;

--			The results of any monitoring or sampling conducted in connection
with the release (if not available within 30 days, results must be
submitted as soon as practicable);

--			The release’s proximity to down gradient drinking water, surface
water, and population areas; and

--			A description of the response actions taken or planned.

Data items required for a certification of major repairs include:

•	A certification by an independent, qualified, registered
professional engineer in accordance with 40 CFR 270.11(d) that the
repaired system is capable of handling hazardous wastes without release
for the intended life of the system.

(ii)	Respondent activities:

Respondents must perform the following activities in preparing and
submitting release notifications and reports:

•	Within 24 hours of detection, notify the Regional Administrator that
there has been a release;

•	Within 30 days of detection, prepare a detailed report for
submission to the Regional Administrator.  In order to do so,
owner/operators must:

--			Determine the release’s likely migration route;

--			Provide information on the surrounding soil characteristics;

--			Conduct appropriate monitoring or sampling;

--			Determine the release’s proximity to down gradient drinking
water, surface water, and population areas; 

--			Describe the response actions taken or planned; and

--			Compile and submit the report to the Regional Administrator.

Respondents must perform the following activities in preparing and
submitting a certification of major repairs:

•	Obtain a certification in accordance with 40 CFR 270.11(d); and

•	Within 7 days of returning the system to use, submit the
certification to the Regional Administrator.

Closure and post-closure care

Decontamination demonstration

40 CFR 264.197 regulates tank system closure and post-closure care. 
Paragraph (a) stipulates that the closure plan, closure activities, cost
estimates for closure, and financial responsibility for tank systems
must meet all of the requirements of 40 CFR Part 264, Subparts G and H. 
Tank systems will be required to submit a decontamination of soils
demonstration under §264.197(b) and §265.197(b).  All other
information collection requirements for tank system closure and
post-closure care are contained in ICR Number 1571, “General Hazardous
Waste Facility Standards.”

(i)	Data items:

No specific data items are to be included in this demonstration.

(ii)	Respondent activities:

Respondents must perform the following activities in performing this
demonstration:

•	Prepare decontamination demonstration; and

•	Submit demonstration to EPA. 

Air emission standards

40 CFR 264.200 requires owners and operators of permitted facilities to
manage all hazardous waste placed in a tank in accordance with the
applicable requirements of 40 CFR part 264, Subparts AA, BB, and CC. 
All data items and respondent activities under Subparts AA and BB, as
applicable to tanks, are covered later in this ICR under process vents
and equipment leaks, respectively.  Data items and respondent activities
under Subpart CC, as applicable to tanks, are covered in the Supporting
Statement for EPA ICR Number 1593:  “Standards of Performance for Air
Emission Standards for Tanks, Surface Impoundments and Containers, 40
CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC.”

SURFACE IMPOUNDMENTS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart K is
expected to read the regulations.

Design and operating requirements

Under 40 CFR 265.221, interim status facilities will need to submit
information to EPA or the authorized State if they seek an exemption
from the liner and/or leachate system requirements specified in
§265.221(a), (c), or (e).  

40 CFR 265.221 requires interim status facilities to notify EPA at least
60 days before receiving waste.  Respondents are also required to file
Part B of their permit application within six months of EPA’s receipt
of the notification.  The Part B information collection activities are
described in the “Part B Permit Application, Permit Modification, and
Special Permits ICR (EPA ICR Number 1573).  

Under the general operating requirements detailed in §265.222,
facilities must assess their design features and operating plans with
regard to dike overtopping prevention requirements.  Records of these
assessments must be maintained at the unit.  

(i)	Data items:

In seeking an exemption from the liner and/or leachate system
requirements specified in §265.221(a), (c), or (e), respondents will
need to report and maintain records on the following data item:

•	A written assessment of alternate design and operating practices,
together with location characteristics, that will prevent the migration
of any hazardous constituents into the ground water or surface water as
effectively as the requirements.  

The data item required to comply with the notification requirement is:

•	A notification to EPA or the authorized State at least 60 days prior
to receiving waste.

The data items for the recordkeeping requirement under §265.222
include:

•	A written identification of the alternate design features or
operating plans that will prevent overtopping of a dike; and

•	A certification from a qualified engineer that these alternate
design features or operating plans will prevent overtopping.

(ii)	Respondent activities:

In order to complete the assessment, facilities will need to perform the
following activities:

•	Prepare and submit the written assessment of alternative design and
operating practices to EPA or the authorized State; and

•	File and maintain the written assessment and related data at the
unit.

Respondents will need to engage in the following activities in order to
notify EPA before receiving waste:

•	Prepare the notification and submit it to the Regional
Administrator.

Respondents will perform the following activities in assessing their
dike overtopping design features and operating plans:

•	Prepare the written identification of the alternate design features
or operating plans that will prevent overtopping of a dike;

•	Obtain the certification from a qualified engineer that these
alternate design features or operating plans will prevent overtopping;
and	

•	Maintain the certification and written identification at the unit.

Developing and submitting action leakage rates

Pursuant to section 265.222(a), the owner or operator of each new and
replacement surface impoundment and each lateral expansion of a surface
impoundment subject to §265.221(a) must propose an action leakage rate,
with rationale, to EPA when submitting the notice required under
§265.221(b) for interim status facilities.  After 60 days from the
notification date, the action leakage rate will be established as
proposed by the interim status owner or operator, unless otherwise acted
upon by EPA.  In addition, §265.73 requires owners or operators to
maintain records of all monitoring, testing, or analytical data, and
corrective action in connection with the action leakage rate, as
required under §265.222.

(i)	Data item:

The data item required to comply with this  requirement includes:

•	A proposed action leakage rate that is the maximum design flow rate
that the leak detection system can remove without the fluid head on the
bottom liner exceeding one (1) foot, allowing for an adequate safety
margin to allow for uncertainties in the design, construction,
operation, and location of the leak detection system; waste and leachate
characteristics; likelihood and amounts of other sources of liquids in
the leak detection system; and proposed response actions.

(ii)	Respondent activities:

Respondents must perform the following activities for developing action
leakage rates: 

•	Develop and submit to EPA a proposed action leakage rate and
rationale, as specified in section 265.222; and

•	Maintain results of analyses, as required by §265.73.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, the owner or
operator of the surface impoundment must use the weekly or monthly flow
rates from the monitoring data obtained under §265.226(b) and calculate
average daily flow rates (in gallons per acre per day), in accordance
with §265.222(c).  Unless EPA specifies otherwise, the average daily
flow rates for each sump must be calculated weekly during the active
life and closure period, and monthly during the post-closure care
period, if the unit is closed in accordance with section 265.228(b), and
when required under section 265.226(b).

(i)	Data item:

The data item required to comply with these requirements includes:

•	Calculation of the average daily flow rates weekly during the active
life and closure period, and monthly during the post-closure care
period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate average daily flow rates as required by §265.222(c).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 265.223(a) require the owner or operator of each new surface
impoundment unit, each replacement of an existing surface impoundment
unit, and each lateral expansion of a surface impoundment unit subject
to section 265.221(a) to prepare a Response Action Plan (RAP).  The plan
must set forth the actions to be taken if the action leakage rate has
been exceeded.  It must describe, at a minimum, the actions required
under §265.223(b).  Interim status facilities must submit the RAP to
EPA when submitting the action leakage rate under §265.223(a).  

(i)	Data item:

The data item required to comply with these requirements includes:

Response Action Plan.

(ii)	Respondent activities:

Develop Response Action Plan;

Submit Response Action Plan to the Regional Administrator; and

Maintain a copy of the Response Action Plan and records of analyses.

Action leakage reporting

In the event the flow rate into the leak detection system exceeds the
action leakage rate, section 265.223(b) requires the owner or operator
to undertake the following activities.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned; 

•	Determination of, to the extent practicable, the location, size, and
cause of any leaks; 

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned. As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as specified in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §265.223(b)(1); 

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required
§265.223(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §265.223(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §265.223(b)(5); and 

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§265.223(b)(6).

Remediation determination analyses

Under 40 CFR 265.223(b)(3), (4), and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

The data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source; 

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities when conducting a
remediation determination analyses: 

Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
section §265.223(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section §265.223(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
265.223(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§265.223(c)(1)(iii).

Waste analysis and trial tests

40 CFR 265.225 requires interim status surface impoundment
owner/operators to gather waste analysis data (in addition to that
required in §264.13) when a surface impoundment is used to chemically
treat hazardous waste with a substantially different method than any
previously used in the same impoundment.   If this is the case, the
owner or operator must gather and maintain records on the data items
listed below.  

Data items and respondent activities associated with these requirements
are covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in “General Hazardous Waste Facility
Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Documentation pertaining to waste analyses and trial treatment tests
(e.g., bench-scale or pilot-plant scale tests); and

•	Documentation on similar treatment of similar waste under similar
operating conditions to show that the treatment will comply with
§265.17(b).  

(ii)	Respondent activities:

Respondents must perform the following activities in gathering these
data:

Conduct waste analyses and trial tests; and

•	Obtain written, documented information to show that the treatment
will comply with §265.17(b).

Monitoring and inspection

Section 265.226(a) and (b) require owners and operators of facilities
that have interim status surface impoundments to inspect their units and
to record the specified inspection activities.  Data items and
respondent activities associated with these requirements are covered in
this ICR.  However, the burden for recordkeeping the applicable data
items is covered in “General Hazardous Waste Facility Standards ICR”
(EPA ICR Number 1571).

Data items:

Data items required to comply with these requirements include:

Records pertaining to the inspection of the freeboard level at least
once each operating day, as required by §265.222 (§265.226(a));

Records pertaining to the inspection of the surface impoundment,
including dikes and vegetation surrounding the dike, at least once a
week to detect any leaks, deterioration, or failures in the impoundment
(§265.226(a)); and

Records pertaining to the level of any liquids in the leak detection
system removal sumps and the amount of liquids removed from the LDS
sumps each week during the active life and closure period, as specified
in §265.226(b)(1); and, if applicable, at least monthly during the
post-closure care period, at least quarterly if the liquid level in the
sump stays below the pump operating level for two consecutive months, or
at least semi-annually if the liquid level in the sump stays below the
pump operating level for two consecutive quarters, as specified in
§265.226(b)(2) (§265.226(b)).

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

•	Record all inspection data.

Developing and submitting pump operating levels

Section 265.226(b)(3) require owners or operators of each new surface
impoundment unit, each replacement of an existing surface impoundment
unit, and each lateral expansion of a surface impoundment unit required
to have leak detection systems (LDS) under section 265.221(a) to submit
pump operating level proposals, with rationale, to EPA when submitting
the action leakage rate proposal required under §265.222(a).  In
addition, section 265.73 require owners and operators to maintain
records of all monitoring, testing, or analytical data, and corrective
action associated with the monitoring and inspection activities required
under section 265.226.

(i)	Data items:

Data items required to comply with these requirements include:

•	A proposed pump operating level that is a liquid level based on the
pump activation level, sump dimensions, and level that avoids backup
into the drainage layer and that minimizes the head in the sump; and

•	Recordkeeping, as required by §265.73, of all monitoring, testing,
or analytical data, and corrective action associated with the monitoring
and inspection activities required under section 265.226.

(ii)	Respondent activities:

Respondents must perform the following activities when developing pump
operating levels:

•	Develop and submit to the Regional Administrator a pump operating
level and rationale, as specified in section 265.226(b)(3); and

•	Maintain records of all monitoring, testing, or analytical data, and
corrective action associated with the monitoring and inspection
activities, in accordance with section 265.73.

Requirements for ignitable or reactive waste

Under 40 CFR 265.229, interim status facilities may not place ignitable
or reactive waste in a surface impoundment unless the waste meets the
specifications of §265.229(a) or the impoundment is used solely for
emergencies, or: (1) the waste is protected from any conditions that may
cause it to ignite or react, and (2) the owner/operator obtains a
certification from a chemist or engineer that the design features or
unit operating plans will prevent ignition or reaction, and (3) the
certification and the basis for it are maintained at the unit.  

(i)	Data items:

The data items required to comply with the certification requirement
are:

•	A certification from a qualified chemist or engineer that the design
features or unit operating plans will prevent ignition or reaction; and

•	The basis by which the chemist or engineer made the certification.

(ii)	Respondent activities:

Respondents must perform the following activities to comply with this
data collection:

•	Obtain the certification as required in 40 CFR 265.229; and

•	File and maintain this certification and related data at the unit.

Closure

Under 40 CFR 265.113(e) an owner or operator of a hazardous waste
surface impoundment that is not in compliance with the liner and
leachate collection system requirements in 42 U.S.C. 3004(o)(1) and
3005(j)(1) or 2 U.S.C. 3004(o)(2) or (3) or 3005(j)(2), (3),(4), or (13)
must implement closure and corrective action measures.  

(i)	Data items:

The data items required to comply with these requirements are:

•	A contingent corrective measures plan, unless a corrective action
plan has already been submitted under;

•	A plan for removing hazardous wastes in compliance with paragraph
(e)(2) of this section;

•	An extension request, based on a demonstration that the removal of
hazardous wastes will, of necessity, take longer than the allotted
period to complete and that an extension will not pose a threat to human
health and the environment; and

•	A semi-annual report to the Regional Administrator that describes
the progress of the corrective action program.

(ii)	Respondent activities:

•	Prepare and submit a contingent corrective measures plan in
accordance with §265.113(e)(1)(i);

•	Prepare and submit a hazardous waste removal plan in accordance with
§265.113(e)(1)(ii);

•	Prepare and submit an extension request, as specified in
§265.113(e)(3); and

•	Prepare and submit a corrective action report twice per year, as
required by §265.113(e)(5).

Air emission standards

40 CFR 265.231 requires owners and operators of interim status
facilities to manage all hazardous waste placed in a surface impoundment
in accordance with the applicable requirements of 40 CFR part 265,
Subparts BB and CC.  All data items and respondent activities under
Subpart BB, as applicable to surface impoundments, are covered later in
this ICR under equipment leaks.  Data items and respondent activities
under Subpart CC, as applicable to surface impoundments, are covered in
the Supporting Statement for EPA ICR Number 1593:  “Standards of
Performance for Air Emission Standards for Tanks, Surface Impoundments
and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart
CC.”

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart K is
expected to read the regulations.

Design and operating requirements

Under 40 CFR 264.221, facilities will need to submit information to EPA
or the authorized State if they seek an exemption from the liner and/or
leachate system requirements specified in §264.221(a), (c), or (e). 
Since permitted facilities submit applications for exemption from the
liner and/or leachate system requirements with their part B permit
application, data items and activities associated with preparing and
submitting applications for exemption from the liner and/or leachate
system requirements are covered in the “Part B Permit Application,
Permit Modification, and Special Permits ICR” (EPA ICR Number 1573).

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, the owner or
operator of the surface impoundment must use the weekly or monthly flow
rates from the monitoring data obtained under §264.226(d) and calculate
average daily flow rates (in gallons per acre per day), in accordance
with §264.222(b).   Unless EPA specifies otherwise, the average daily
flow rates for each sump must be calculated weekly during the active
life and closure period, and monthly during the post-closure care
period, if the unit is closed in accordance with section 264.228(b), and
when required under section 264.226(d). 

(i)	Data item:

The data item required to comply with this requirement is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period, and monthly during the post-closure care
period.

(ii) 	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §264.222(b).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 264.223(a) require the owner or operator of each new surface
impoundment unit, each replacement of an existing surface impoundment
unit, and each lateral expansion of a surface impoundment unit subject
to section 264.221(a) to prepare a Response Action Plan (RAP).  The plan
must set forth the actions to be taken if the action leakage rate has
been exceeded.  It must describe, at a minimum, the actions required
under §264.223(b).  Permitted facilities and facilities seeking initial
permits must submit the RAP for EPA approval in a Part B permit
application or modification before the receipt of waste.  Data items and
respondent activities associated with preparing and submitting the RAP
are covered in the “Part B Application, Permit Modification, and
Special Permits ICR” (EPA ICR Number 1573).

Action leakage reporting

In the event the flow rate into the leak detection system exceeds the
action leakage rate (ALR), section 264.223(b) requires the owner or
operator to undertake the following activities.

(i)	Data items:

Data items required to comply with this requirement include:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned; 

•	Determination of, to the extent practicable, the location, size, and
cause of any leaks; 

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned. As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as specified in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §264.223(b)(1); 

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§264.223(b)(2); 

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §264.223(b)(3); 

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

 

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §264.223(b)(5); and 

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§264.223(b)(6).

Remediation determination analyses

Under 40 CFR 264.223(b)(3), (4), and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with the requirements include:

•	Assessment of the source liquids and amounts of liquids by source; 

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities when conducting
remediation determination analyses:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
sections 264.223(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section 264.223(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by sections
264.223(c)(1)(ii). 

OR

--			Document why assessments above are not needed, as required by
§264.223(c)(1)(iii).

Dike re-certification

Under 40 CFR 264.226(c) surface impoundment owner/operators must, prior
to issuance of a permit and after any extended period of time in which
the impoundment was not in use, obtain a certification from a qualified
engineer that the impoundment’s dike has sufficient structural
integrity.  Since permitted facilities submit these certifications prior
to or with their part B permit application, data items and activities
associated with preparing and submitting these certifications are
covered in the “Part B Permit Application, Permit Modification, and
Special Permits ICR” (EPA ICR Number 1573).  The burden associated
with re-certifying dikes after extended periods of non-use is covered in
this ICR.  

(i)	Data item:

The data item required to comply with this requirement includes:

•	A certification from a qualified engineer that the impoundment’s
dike, including any portion of the dike that provides freeboard, has
structural integrity according to the standards detailed in
§264.226(c)(1) and (2).

(ii)	Respondent activities:

To fulfill this requirement, permittees will need to perform the
following activities:

•	Obtain the certification from a qualified engineer; and

•	File and maintain certification and related data at the unit.

Monitoring and inspection

Section 264.226(a) and (b) require owners and operators of facilities
that use surface impoundments to inspect their units and to record the
specified inspection activities.  Data items and respondent activities
associated with these requirements are covered in this ICR.  However,
the burden for recordkeeping the applicable data items is covered in
“General Hazardous Waste Facility Standards ICR” (EPA ICR Number
1571).

Data items:

Data items required to comply with these requirements include:

Records pertaining to inspections done during the construction and
installation of liners (except in the case of existing portions of
surface impoundments exempt form §264.221(a)) and cover systems (e.g.,
membranes, sheets, or coatings) for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials)
(§264.226(a)); 

Records pertaining to the inspection of synthetic liners and covers to
ensure tight seams and joints an the absence of tears, punctures, or
blisters immediately after construction and installation (§264.226(a));

Records pertaining to the inspection of soil-based and admixed liners
and covers for imperfections including lenses, cracks, channels, root
holes, or other structural non-uniformities that may cause an increase
in the permeability of the liner or cover immediately after construction
and installation (§264.226(a)); and

Records pertaining to the inspection of the surface impoundment weekly
and after storms while it is operation to detect evidence of any of the
following  (§264.226(b)):

--				Deterioration, malfunctions, or improper operation of overtopping
control systems;

--				Sudden drops in the level of the impoundment’s contents; and

--				Severe erosion or other signs of deterioration in dikes or other
containment devices.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

Record all inspection data.

Emergency repairs and contingency plans

40 CFR 264.227 details criteria applicable to  during emergency
situations (i.e., those in which there is a precipitous drop in liquid
levels or the impoundment is known to be leaking).  

In addition, §264.227(d)(2)(ii) stipulates that no surface impoundment
that contains a liner system and has been removed from service under
§264.227(a)(1) may be restored to service unless the repaired liner
system is certified by an engineer as meeting the design specifications
approved in the permit.  

(i)	Data items:

For each surface impoundment removed from service under §264.227(a)
owner/operators must, in addition to complying with other requirements,
provide the following data item:

•	A written notification to the Regional Administrator of a surface
impoundment’s removal from service.

The data item required under §264.227(d)(2)(ii) includes:

•	A certification by a qualified engineer that the repaired liner
system meets the design specifications approved in the permit.

(ii)	Respondent activities:

In order to complete this notification, permittees will need to engage
in the following activities:

•	Within seven days, notify the Regional Administrator in writing of a
surface impoundment’s removal from service; and

•	File and maintain related data.

Respondents must perform the following activities in recertifying dikes:

•	Obtain certification of the dike’s sufficient structural
integrity; and 

•	Maintain the certification on file.

OR

•	Obtain a liner repair certification, as required under
§264.227(d)(2)(ii); and

•	Maintain the certification on file.

Closure

Under 40 CFR 264.113(e) an owner or operator of a hazardous waste
surface impoundment that is not in compliance with the liner and
leachate collection system requirements in 42 U.S.C. 3004(o)(1) and
3005(j)(1) or 2 U.S.C. 3004(o)(2) or (3) or 3005(j)(2), (3),(4), or (13)
must implement closure and corrective action measures.  

(i)	Data items:

The data items required to comply with these requirements are:

•	A contingent corrective measures plan, unless a corrective action
plan has already been submitted under;

•	A plan for removing hazardous wastes in compliance with paragraph
(e)(2) of this section;

•	An extension request, based on a demonstration that the removal of
hazardous wastes will, of necessity, take longer than the allotted
period to complete and that an extension will not pose a threat to human
health and the environment; and

•	A semi-annual report to the Regional Administrator that describes
the progress of the corrective action program.

(ii)	Respondent activities:

•	Prepare and submit a contingent corrective measures plan in
accordance with §264.113(e)(1)(i);

•	Prepare and submit a hazardous waste removal plan in accordance with
§264.113(e)(1)(ii);

•	Prepare and submit an extension request, as specified in
§264.113(e)(3); and

•	Prepare and submit a corrective action report twice per year, as
required by §264.113(e)(5).

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.231 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any surface impoundment unless the owner/operator operates the
impoundment in accordance with a management plan approved by the
Regional Administrator.  Since the waste management plan is submitted
with the Part B permit application, data items and respondent activities
associated with this requirement are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (1573).

Air emission standards

40 CFR 264.232 requires owners and operators of permitted facilities to
manage all hazardous waste placed in a surface impoundment in accordance
with the applicable requirements of 40 CFR part 264, Subparts BB and CC.
 All data items and respondent activities under Subpart BB, as
applicable to surface impoundments, are covered later in this ICR under
equipment leaks.  Data items and respondent activities under Subpart CC,
as applicable to surface impoundments, are covered in the Supporting
Statement for EPA ICR Number 1593:  “Standards of Performance for Air
Emission Standards for Tanks, Surface Impoundments and Containers, 40
CFR Part 264, Subpart CC and 40 CFR Part 265, Subpart CC.” 

WASTE PILES

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart L is
expected to read the regulations.

Waste analysis

40 CFR 265.252 requires interim status waste pile owner/operators to
analyze a representative sample of waste from each incoming movement
before adding the waste to any existing pile, unless (1) the only wastes
the facility receives which are amenable to piling are compatible with
each other, or (2) the waste received is compatible with the waste in
the pile to which it is to be added.  The analysis conducted must be
able to differentiating between the types of hazardous waste the owner
or operator places in piles, so that mixing of incompatible waste does
not inadvertently occur.  The analysis must include a visual comparison
of color and texture.  These waste analyses are in addition to the
analyses required under §265.13.  

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements includes:

•	Waste analysis data from each incoming movement before adding the
waste to any existing pile.

(ii)	Respondent activity:

Respondents must perform the following activity in gathering these data:

•	Conduct waste analyses.

Exemption from design and operating requirements

40 CFR 265.254 requires waste piles to comply with the regulations
established 40 CFR 264.251 by having liners and leachate collection and
removal systems sufficient to prevent any waste migration for the active
life of the pile (including the closure period).  It also details
design, construction, and installation requirements for the liners and
collection systems.  40 CFR 265.254 also exempts waste piles from the
requirements in paragraph §264.251(a) if the owner/operator can
demonstrate to the Regional Administrator that alternate design and
operating practices, together with location characteristics, will
prevent hazardous constituents from migrating into the ground or surface
water at any future time.  Though the regulations provide no specific
details regarding the demonstrations’ content, they do list
information that the Regional Administrator will consider in deciding
whether to grant an exemption.  This ICR assumes that respondents will
include this information when submitting their demonstration.  

(i)	Data items:

The data items required for an exemption from §264.251(a) are:

•	Information regarding the nature and quantity of the wastes;

•	The proposed alternate design and operation;

•	The unit’s hydrogeologic setting, including attenuative capacity
and thickness of the liners and soils present between the pile and
ground water or surface water; and

•	All other factors that would influence the quality and mobility of
the leachate produced and the potential for it to migrate to ground
water or surface water.

(ii)	Respondent activities:

Respondents must perform the following activities in making this
demonstration:

•	Gather the information necessary to provide adequate demonstration;
and

•	Submit the information to the Regional Administrator.

Variance from design and operating requirements

40 CFR 265.254 also allows waste piles to seek a variance from the
liner/leachate system design requirements in 40 CFR 264.251(a) by
submitting an alternative design or operating practices to the Regional
Administrator for approval, as long as the alternative complies with the
requirements contained in 40 CFR 264.251(d).  Though the regulations
provide no specific details regarding the variance’s content, they do
list information that the Regional Administrator will consider in
deciding whether to grant a variance.  This ICR assumes that respondents
will include this information when submitting their demonstration.

(i)	Data item:

The data item required in making the demonstration includes:

Demonstration of alternative design or operating practices.

(ii)	Respondent activities:

Respondents must perform the following activities in making this
demonstration:

•	Gather the information necessary for demonstrating an alternative
design; and 

•	Submit the information to the Regional Administrator.

Developing and submitting action leakage rates

Pursuant to section 265.255(a), the owner or operator of each new and
replacement waste pile and each lateral expansion of a waste pile
subject to §265.254 must propose an action leakage rate (ALR) to EPA
when submitting the notice required under §265.254 for interim status
facilities.  After 60 days from the notification date, the ALR will be
established as proposed by the interim status owner or operator, unless
otherwise acted upon by EPA.  In addition, §265.73 requires owners and
operators to maintain records of all monitoring, testing, or analytical
data, and corrective action in connection with action leakage rates, as
required under §265.255.

(i)	Data item:

The data item required to comply with this requirement is:

•	A proposed action leakage rate (ALR) that is the maximum design flow
rate that the leak detection system (LDS) can remove without the fluid
head on the bottom liner exceeding one (1) foot, allowing for an
adequate safety margin to allow for uncertainties in the design,
construction, operation, and location of the LDS; waste and leachate
characteristics; likelihood and amounts of other sources of liquids in
the LDS; and proposed response actions.

(ii)	Respondent activities:

Respondents must perform the following activities for developing action
leakage rates: 

•	Develop and submit to EPA a proposed action leakage rate, as
specified in section 265.255; and

Maintain results of analyses, as required by §265.73.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, the owner or
operator of the waste pile must use the weekly flow rates from the
monitoring data obtained under §265.260 and calculate average daily
flow rates (in gallons per acre per day), in accordance with
§265.255(c).  Unless EPA specifies otherwise, the average daily flow
rates for each sump must be calculated weekly during the active life and
closure period.

(i)	Data item:

The data item required to comply with this requirement is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates, as required by §265.255(c).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 265.259(a) requires the owner or operator of each new waste pile
unit, each replacement of an existing waste pile unit, and each lateral
expansion of a waste pile unit subject to section 265.254 to prepare and
submit to EPA a Response Action Plan (RAP).  The plan must set forth the
actions to be taken if the action leakage rate has been exceeded.  It
must describe, at a minimum, the actions required under section
265.259(b).  Interim status facilities must submit the RAP to EPA when
submitting the ALR under §265.255.  

(i)	Data item:

The data item required to comply with this requirement is:

Response Action Plan.

(ii)	Respondent activities:

Develop Response Action Plan;

Submit Response Action Plan to the Regional Administrator; and

Maintain a copy of the Response Action Plan and records of analyses.

Action leakage reporting

In the event the flow rate into the leak detection system exceeds the
action leakage rate, section 265.259(b) requires the owner or operator
to collect the following data items.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned;

•	Determination of, to the extent practicable, the location, size, and
cause of any leaks; 

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned. As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §265.259(b)(1); 

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§265.259(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §265.259(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §265.259(b)(5); and 

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§265.259(b)(6).

Remediation determination analyses

Under 40 CFR 265.259(b)(3), (4), and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source; 

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities when conducting
remediation determination analyses:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
sections 265.259(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section 265.259(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
265.259(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§265.259(c)(1)(iii).

Monitoring and inspections

Section 265.260 requires owners or operators of each new waste pile
unit, each replacement of an existing waste pile unit, and each lateral
expansion of a waste pile unit required to have leak detection systems
under §265.254 to record specified inspection activities.  In addition,
section 265.73 require owners or operators to maintain records of all
monitoring, testing, or analytical data, and corrective action
associated with the monitoring and inspection activities required under
section 265.260.  

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements is:

•	Records pertaining to the level of any liquids in the leak detection
system removal sumps and the amount of liquids removed from the LDS
sumps each week during the active life and closure period, as specified
in §265.260.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

•	Record the level of any liquids in the leak detection system removal
sumps and the amount of liquids removed from the LDS sumps each week
during the active life and closure period, as required by §265.260.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart L is
expected to read the regulations.

Exemption from design and operating requirements

40 CFR 264.251(a) requires owner/operators to comply with the provisions
in 40 CFR 264.251.  Under 40 CFR 264.251(a), owner/operators with waste
piles subject to Subpart L are required to have liners and leachate
collection and removal systems sufficient to prevent any waste migration
for the active life of the pile (including the closure period).  This
citation also details design, construction, and installation
requirements for the liners and collection systems.  40 CFR 264.251(b)
exempts waste piles from the requirements in §264.251(a) if the
owner/operator can demonstrate to the Regional Administrator that
alternate design and operating practices, together with location
characteristics, will prevent hazardous constituents from migrating into
the ground or surface water at any future time.  Since permitted
facilities submit applications for exemption from 40 CFR 264.251 with
their part B permit application, data items and activities associated
with this exemption are covered in the “Part B Permit Application,
Permit Modification, and Special Permits ICR” (EPA ICR Number 1573).

Variance from design and operating requirements

40 CFR 264.251(d) allows owner/operators of waste piles to seek a
variance from the liner/leachate system requirements by submitting an
alternative design or operating practices, as long as the alternative
complies with the requirements given in section 264.251(d).  Since
permitted facilities submit applications for variance from 40 CFR
264.251 with their part B permit application, data items and activities
associated with this variance are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (EPA ICR
Number 1573).

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, the owner or
operator of the waste pile must use the weekly flow rates from the
monitoring data obtained under §264.254(c) and calculate average daily
flow rates (in gallons per acre per day), in accordance with
§264.252(b).   Unless EPA specifies otherwise, the average daily flow
rates for each sump must be calculated weekly during the active life and
closure period.

(i)	Data item:

The data item required to comply with this requirement is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §264.252(b).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 264.253(a) requires the owner or operator of each new waste pile
unit, each replacement of an existing waste pile unit, and each lateral
expansion of a waste pile unit subject to section 264.253(c) or (d) to
prepare and submit to EPA a Response Action Plan (RAP).  The plan must
set forth the actions to be taken if the action leakage rate has been
exceeded.  It must describe, at a minimum, the actions required under
§264.253(b).  Permitted facilities and facilities seeking initial
permits must submit the RAP for EPA approval in a Part B permit
application or modification before the receipt of waste.  Data items and
respondent activities associated with preparing and submitting the RAP
are covered in the “Part B Application, Permit Modification, and
Special Permits ICR” (EPA ICR Number 1573).

Action leakage reporting

In the event the flow rate into the leak detection system exceeds the
action leakage rate, section 264.253(b) requires the owner or operator
to collect the following data items.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned;

•	Determination of, to the extent practicable, the location, size, and
cause of any leaks; 

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned. As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §264.253(b)(1); 

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§264.253(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §264.253(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §264.253(b)(5); and 

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs (b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§264.253(b)(6).

Remediation determination analyses

Under 40 CFR 264.253(b)(3), (4), and (5), owners and operators must make
leak and/or remediation determinations. 

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source; 

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities when conducting
remediation determination analyses:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
sections 264.253(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by sections 264.253(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by sections
264.253(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§264.253(c)(1)(iii).

Monitoring and inspections

Section 264.254(a) and (b) require owners and operators of facilities
that use waste piles to inspect their units and to record the specified
inspection activities.  Data items and respondent activities associated
with these requirements are covered in this ICR.  However, the burden
for recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to inspections done during the construction and
installation of liners (except in the case of existing portions of
surface impoundments exempt form §264.251(a)) and cover systems (e.g.,
membranes, sheets, or coatings) for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials)
(§264.254(a)); 

Records pertaining to the inspection of synthetic liners and covers to
ensure tight seams and joints an the absence of tears, punctures, or
blisters immediately after construction and installation (§264.254(a));

Records pertaining to the inspection of soil-based and admixed liners
and covers for imperfections including lenses, cracks, channels, root
holes, or other structural non-uniformities that may cause an increase
in the permeability of the liner or cover immediately after construction
and installation (§264.254(a)); and

Records pertaining to the inspection of the waste pile weekly and after
storms while it is operation to detect evidence of any of the following 
(§264.254(b)):

--				Deterioration, malfunctions, or improper operation of run-on and
run-off control systems;

--				Proper functioning of wind dispersal control systems, where
present; and

--				The presence of leachate in and proper functioning of leachate
collection and removal systems, where present.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

Record all inspection data.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.259 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any waste pile unless the owner/operator operates the waste
pile in accordance with a management plan approved by the Regional
Administrator.  Since the waste management plan is submitted with the
Part B permit application, data items and respondent activities
associated with this requirement are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (1573).

LAND TREATMENT

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart M is
expected to read the regulations.

Waste analysis

40 CFR 265.273 requires owners and operators of interim status land
treatment units to conduct waste analyses (in addition to the waste
analyses required under §265.13) before placing a hazardous waste in or
on a land treatment facility.  The waste analysis results must be used
to determine: (1) the concentrations in the waste of any substances that
cause a waste to exhibit the Toxicity Characteristic; (2) the
concentrations of any substances which caused the waste to be listed as
a hazardous waste; and (3) if food chain crops are grown, the
concentrations in the waste of arsenic, cadmium, lead, and mercury,
unless the owner or operator has written, documented data that show that
the constituent is not present.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Waste analysis data for waste placed in or on a land treatment unit; and

If food chain crops are grown and arsenic, cadmium, lead, and mercury
are not present in the waste:

Documentation indicating that these constituents are not present in the
waste.

(ii)	Respondent activities:

Respondents must perform the following activities in complying with the
§265.273 requirements:

Conduct waste analyses; and

If food chain crops are grown and arsenic, cadmium, lead, and mercury
are not present in the waste:

Obtain and maintain documentation indicating that these constituents are
not present in the waste. 

Food-chain crops

40 CFR 265.276 regulates the growth of food-chain crops at interim
status hazardous waste land treatment facilities.  Owner/operators must
notify the Regional Administrator if crops are grown, or have been grown
and will be grown again, on the unit.  These owner/operators must also
keep records of the information necessary to make a demonstration under
40 CFR 265.276(b)(1) at the unit, as stated below, but are under no
regulatory obligation to submit this information to EPA.  

(i)	Data items:

The data items for these requirements include:

•	Notification, within 60 days of obtaining interim status, that food
chain crops are being grown, or have been grown and will be grown in the
future, on the unit (40 CFR 265.276(a)); 

•	A record maintained at the interim status unit of all information
necessary to demonstrate, based on field testing, that arsenic, lead,
mercury, or other constituents identified under 40 CFR 265.273(b): (1)
will not be transferred to the food portion of the crop by plant uptake
or direct contact and will not be ingested by food chain animals, or (2)
that these constituents will not occur in greater concentrations in the
crops grown on the land treatment unit than in the same crops grown on
untreated soils under similar conditions in the same region
(§265.276(b)(1)).  This report must include:

--			Descriptions of crop and soil characteristics;

--			Sample selection criteria;

--			Sample size determination; 

--			Analytical methods; and

--			Statistical procedures.

Under section 265.276(c)(2)(iii) owner/operators must develop an
operating plan that demonstrates how the animal feed will be distributed
to preclude ingestion by humans.

(ii)	Respondent activities:

Respondents must perform the following activities in complying with the
§265.276 requirements:

•	Prepare the notification required under 40 CFR 265.276(a) and submit
it to EPA;

•	Compile the information necessary to make the demonstration required
under 40 CFR 265.276(b)(1);

•	Maintain records of the information collected for the
demonstrations; and

•	Develop an operating plan as specified in §265.276(c)(2)(iii).

.	Unsaturated-zone monitoring

Owner/operators subject to the unsaturated-zone monitoring requirements
of 40 CFR 265.278 must establish an unsaturated-zone monitoring program
to determine whether hazardous constituents migrate out of the treatment
zone.  The interim status regulations require no reports to be submitted
to EPA, but owner/operators must maintain a record of the plan at the
unit.  

(i)	Data items:

The data items for these requirements include:

•	A written record of the unsaturated-zone monitoring plan and the
rationale used in developing this plan, which must be kept at the unit
(§265.278(d)).  The plan must include soil-core monitoring and
soil-pore water monitoring.

(ii)	Respondent activities:

Respondents must perform the following activities in compiling the
unsaturated-zone monitoring record:

•	Develop an unsaturated-zone monitoring plan; and

•	File the written plan at the unit.

Closure and post-closure care

40 CFR 265.280 regulates closure and post-closure care at interim status
hazardous waste land treatment facilities.  The regulations require
owner/operators to provide EPA with certification of closure when unit
closure is completed.  

(i)	Data items:

The data items for this requirement include:

•	Certification by both an independent qualified scientist, in lieu of
an independent registered professional engineer, and the owner/operator
that the unit has been closed in accordance with the specifications in
the approved closure plan (§265.280(e)).

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
§265.280:

•	Obtain certification of closure from a qualified scientist;

•	Produce owner/operator’s certification of closure; and

•	Submit certification(s) to EPA.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart M is
expected to read the regulations.

Food-chain crops

40 CFR 264.276 regulates the growth of food-chain crops at permitted
hazardous waste land treatment facilities.  Since the owner/operator
must make the demonstrations outlined in §264.276(a) prior to
submitting the Part B permit application, data items and activities
associated with this demonstration are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (EPA ICR
Number 1573).  The burden associated with maintaining (i.e., filing and
photocopying) this documentation is covered in this ICR.

Under section 264.276(b)(2)(iii), owner/operators must develop and
maintain an operating plan that demonstrates how the animal feed will be
distributed to preclude ingestion by humans.

(i)	Data items:

Operating plan that demonstrates how the animal feed will be distributed
to preclude ingestion by humans.

(ii)	Respondent activities:

•	Maintain food-chain crop documentation at the facility; and

Develop and maintain an operating plan.

Unsaturated-zone monitoring

Owner/operators of permitted facilities subject to the unsaturated-zone
monitoring requirements of 40 CFR 264.278 must establish an
unsaturated-zone monitoring program to determine whether hazardous
constituents migrate out of the treatment zone.  These owner/operators
must notify EPA whenever they determine that there is a statistically
significant increase of hazardous constituents below the treatment zone,
and must (1) submit a permit modification application to modify the
operating practices at the unit, or (2) submit a report to EPA
demonstrating that the source of the increase is not the regulated unit.
 If, however, the demonstration does not show that a source other than
the regulated units or some error in sampling, analysis, or evaluation
caused the increase in hazardous constituents, the owner/operator must
submit the permit modification request within the specified time period.
 

(i)	Data items:

Data items for these requirements include:

•	Notification of statistically significant increases of hazardous
waste constituents below the treatment zone.  This notification must be
made within seven days and must include information on what constituents
have shown statistically significant increases (§264.278(g)(1));

•	An application for a permit modification, submitted within 90 days,
to modify operating practices at the unit in order to maximize the
success of degradation, transformation, or immobilization processes in
the treatment zone (§264.278(g)(2)); 

•	Notification of intent to demonstrate that the increase was not
caused by the regulated units.  This notification must be submitted
within seven days of identifying the increase (§264.278(h)(1)); and

•	A report, submitted within 90 days, demonstrating that a source
other than the regulated units caused the increase or that the increase
resulted from error in sampling, analysis, or evaluation
(§264.278(h)(2)).

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
these notification, report, and application requirements:

•	Prepare and submit a notice of statistically significant increases
in the concentration of hazardous constituents;

•	Prepare and submit notice of intent to make a demonstration under 40
CFR 264.278(h); and

•	Prepare and submit a report demonstrating that a source other than
the regulated units caused the increase or that the increase resulted
from error in sampling, analysis, or evaluation.

Closure and post-closure care

40 CFR 264.280 regulates closure and post-closure care at hazardous
waste land treatment facilities.  The regulations require
owner/operators to provide EPA with certification of closure when unit
closure is completed.  The regulations also allow exemptions from both
the requirement to establish a vegetative cover (§264.280(a)(8)), and
the post-closure care requirements (§264.280(c)) if facilities make the
appropriate demonstrations. 

(i)	Data items:

Data items for these requirements include: 

•	Certification by an independent qualified scientist, in lieu of an
independent registered professional engineer, that the unit has been
closed in accordance with the specifications in the approved closure
plan (§264.280(b)); and

•	For exemption from the vegetative cover and post-closure
requirements, a demonstration that the level of hazardous constituents
in the treatment zone soil does not exceed the background value of those
constituents by a statistically significant amount (§264.280(d)).  This
demonstration may be submitted at any time during the closure or
post-closure care periods.  

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
these requirements:

•	Obtain certification of closure from a qualified scientist;

•	Submit the certification(s) to EPA; and

•	If applying for a demonstration under §264.280(d), prepare the
demonstration and submit it to EPA.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.283 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any land treatment unit unless the owner/operator operates the
unit in accordance with a management plan approved by the Regional
Administrator.  Since the waste management plan is submitted with the
Part B permit application, data items and respondent activities
associated with this requirement are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (1573).

LANDFILLS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart N is
expected to read the regulations.

Design requirements

40 CFR 265.301 requires owner operators of interim status landfills to
install two or more liners and leachate collection systems above and
between the liners if they (1) plan to replace an existing unit, (2)
laterally expand an existing unit, or (3) install a new unit.  The
section provides for an exemption from these requirements if the
owner/operator can demonstrate to the Regional Administrator that
alternative design and operating practices, together with location
characteristics, will prevent the migration of hazardous constituents as
effectively as do the liners and leachate collection systems.  In
addition, the regulations provide for a double liner requirement waiver
for monofills (in certain instances).  Under §265.301(b), these
facilities also must notify the Regional Administrator at least 60 days
before receiving waste, and file a Part B permit application within 6
months of EPA’s receipt of the notice (the Part B information
collection activities are described in a separate ICR (EPA ICR Number
1573)).  

Under §265.301(d), the double liner requirement in §265.301(a) may be
waived for any monofill if: (1) the monofill contains only hazardous
wastes described in §265.301(d)(1), and (2) the monofill has at least
one non-leaking liner, and (3) the monofill is located more that
one-quarter mile from an underground source of drinking water, and (4)
the monofill complies with the appropriate ground water monitoring
requirements under RCRA §3005(c) or the owner/operator demonstrates
that the monofill is located, designed, and operated so as to assure
that there will be migration of any hazardous constituent into ground
water or surface water at any future time.  

(i)	Data items:

Data items required for the notification of intent to receive waste are:

•	A notification to the Regional Administrator at least 60 days prior
to receiving waste.

The data items necessary to gain an exemption under §265.301(c) from
the liner and leachate collection system requirements are:

•	The proposed alternate design and operating practices; and

•	Information concerning the landfill’s location characteristics.

The data item required for the waiver demonstration under §265.301(d)
includes:

•	Information regarding the monofill’s location, design, and
operation as may be necessary to make the demonstration.

(ii)	Respondent activities:

Respondents will need to engage in the following activities to comply
with the §265.301 notification requirement:

•	Prepare the notification and submit it to the Regional
Administrator.

Respondents must perform the following activities in applying for an
exemption from the liner and leachate collection system requirements:

•	Collect the required information; and

•	Submit the information to the Regional Administrator.

Respondents must perform the following activities in order to be granted
a waiver from the double liner requirements:

•	Collect the required information; and

•	Submit the information to the Regional Administrator.

Developing and submitting action leakage rates

As required by section §265.302(a), the owner or operator of each new
and replacement landfill and each lateral expansion of a landfill
subject to §265.301 (a) must submit an action leakage rate (ALR)
proposal and rationale to EPA when submitting the notice required under
§265.301 (b) for interim status facilities.  After 60 days from the
notification date, the ALR will be established as proposed by the
interim status owner or operator unless otherwise acted upon by EPA.  In
addition, section 265.73 requires owners or operators to maintain
records of all monitoring, testing, or analytical data, and corrective
action in connection with the ALR as required under §265.302.

(i)	Data item:

The data item required to comply with these requirements is:

•	A proposed action leakage rate (ALR) that is the maximum design flow
rate that the leak detection system (LDS) can remove without the fluid
head on the bottom liner exceeding one (1) foot, allowing for an
adequate safety margin to allow for uncertainties in the design,
construction, operation, and location of the LDS; waste and leachate 

characteristics; likelihood and amounts of other sources of liquids in
the LDS; and proposed

 response actions.

(ii)	Respondent activities:

Respondents must perform the following activities when developing action
leakage rates:

•	Develop and submit to EPA a proposed action leakage rate and
rationale, as specified in §265.302; and

•	Maintain results of analyses, as required by §265.73.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, section
265.302(c) requires the owner or operator of each landfill unit to use
the weekly or monthly flow rates from the monitoring data obtained under
§265.304(b) and calculate average daily flow rates (in gallons per acre
per day).  Unless EPA specifies otherwise, the average daily flow rates
for each sump must be calculated weekly during the active life and
closure period, and monthly during the post-closure care period, if the
unit is closed in accordance with section 265.310(b)(2), and when
required under section 265.304(b).

(i)	Data item:

The data item required to comply with these requirements is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period, and monthly during the post-closure care
period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §265.302(c).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 265.303(a) requires the owner or operator of each new landfill
unit, each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit subject to section 265.301(a) to prepare a
Response Action Plan (RAP).  The plan must set forth the actions to be
taken if the action leakage rate has been exceeded.  It must describe,
at a minimum, the actions required under  §265.303(b).  Interim status
facilities must submit the RAP to EPA when submitting the ALR under
§265.302.  

(i)	Data item:

The data item required to comply with these requirements is:

Response Action Plan.

(ii)	Respondent activities:

Develop Response Action Plan;

Submit Response Action Plan to the Regional Administrator; and

Maintain a copy of the Response Action Plan and records of analyses.

Action leakage reporting

40 CFR 265.303(b) requires the owner or operator to collect certain
information in the event the flow rate into the leak detection system
exceeds the action leakage rate.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned; Determination of,
to the extent practicable, the location, size, and cause of any leaks; 

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned.  As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §265.303(b)(1); 

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§265.303(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §265.303(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §265.303(b)(5); and 

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§265.303(b)(6).

Remediation determination analyses

Under 40 CFR 265.303 (b)(3), (4) and (5), owners and operators must make
the leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source;

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities to make leak and/or
remediation determinations:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
section §265.303(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section §265.303(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
265.303(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§265.303(c)(1)(iii).

Monitoring and inspections

Section 265.304 requires owners or operators of each new landfill unit,
each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit required to have a leak detection system
under §265.301(a) to record inspection activities as specified in the
regulations.  In addition, section 265.73 require owners and operators
to maintain records of all monitoring, testing, or analytical data, and
corrective action associated with the monitoring and inspection
activities required under section 265.304.  

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

The data items required to comply with these requirements include:

•	Records pertaining to the level of liquids in the leak detection
system removal sumps and the amount of liquids removed from the LDS
sumps each operating week during the active life and closure period, as
specified in §265.304(a); and, if applicable, at least monthly during
the post-closure care period, at least quarterly if the liquid level in
the sump stays below the pump operating level for two consecutive
months, or at least semi-annually if the liquid level in the sump stays
below the pump operating level for two consecutive quarters, as
specified in §265.304(b); and

•	Recordkeeping, as required by 265.73, of records of all monitoring,
testing, or analytical data, and corrective action associated with the
monitoring and inspection activities as required under section 265.304.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

•	Record the level of liquids in the leak detection system removal
sumps and the amount of liquids removed from the LDS sumps each
operating week during the active life and closure period, as required by
§265.304(a); and, if applicable, at least monthly during the
post-closure care period, at least quarterly if the liquid level in the
sump stays below the pump operating level for two consecutive months, or
at least semi-annually if the liquid level in the sump stays below the
pump operating level for two consecutive quarters, as specified in
§265.304(b).

Developing and submitting pump operating levels

Section 265.304(c) requires owners or operators of each new landfill
unit, each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit required to have leak detection systems
(LDS) under section 265.301 (a) to submit pump operating level
proposals, with rationale, to EPA when submitting the action leakage
rate proposal required under §265.302(a).  In addition, section 265.73
requires owners and operators to maintain records of all monitoring,
testing, or analytical data, and corrective action associated with the
monitoring and inspection activities required under sections 265.304.

(i)	Data items:

The data items required to comply with these requirements include:

•	A proposed pump operating level that is a liquid level based on the
pump activation level, sump dimensions, and level that avoids backup
into the drainage layer and that minimizes the head in the sump; and

•	Recordkeeping, as required by §265.73, of all monitoring, testing,
or analytical data, and corrective action associated with the monitoring
and inspection activities required under section 265.304.

(ii)	Respondent activities:

Respondents must perform the following activities when developing pump
operating levels:

•	Develop and submit to the Regional Administrator a pump operating
level and rationale, as specified in section 265.304(c); and

•	Maintain records of all monitoring, testing, or analytical data, and
corrective action associated with the monitoring and inspection
activities, in accordance with section §265.73.

Special requirements for bulk and containerized liquids

40 CFR 265.314(b) prohibits disposing bulk or containerized liquid
hazardous waste or hazardous waste containing free liquids in any
landfill.  40 CFR 265.314(d) requires owner/operators to demonstrate the
absence or presence of free liquids in bulk or containerized waste,
using EPA Method 9095 (Paint Filter Liquids Test) as described in
“Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods” (EPA Publication No. SW-846).  

In addition, 40 CFR 265.314(f) prohibits placing non-hazardous liquid
waste in a landfill unless the landfill owner/operator can demonstrate
to the Regional Administrator, or the Regional Administrator determines,
that: (1) the only reasonably available alternative is placing the waste
in another landfill that contains or is expected to contain hazardous
waste, and (2) placing the waste in the owner/operator’s landfill will
not risk contaminating any underground source of drinking water.  The
regulations do not specify the exact form this demonstration must take;
depending on the circumstances surrounding each demonstration, the
effort and data required to gain an exemption may vary.  This ICR
assumes that owner/operators will present information regarding (1) the
situational constraints that necessitate disposing the waste in a
landfill containing hazardous waste (e.g., the lack of access to any
other suitable disposal arrangement), and (2) hydrogeological and other
information sufficient to show that doing so cannot contaminate any
underground source of drinking water.

(i)	Data items:

The data items for demonstrating the absence of free liquids include:

•	Results of the Paint Filter Liquids Test, performed as specified in
SW-846.

The data items required for the demonstration under 40 CFR 265.314(f)
include:

•	Information sufficient to show that the only reasonably available
alternative to placing the waste in the owner/operator’s landfill
would be to place the waste in another landfill or unlined surface
impoundment that contains or is expected to contain hazardous waste; and

•	Information sufficient to show that placing the waste in the
owner/operator’s landfill will not present a risk of contamination of
any underground source of drinking water.

(ii)	Respondent activities:

Respondents must perform the following activities in performing the
no-free-liquids demonstration:

•	Record and file the observation results.

Respondents must perform the following activities in order to gain an
exemption from the requirements in §265.314(f):

•	Gather the information necessary to make the demonstration; and

•	Submit the information to the Regional Administrator.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart N is
expected to read the regulations.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, section
264.302(b) requires the owner or operator of each landfill unit to use
the weekly or monthly flow rates from the monitoring data obtained under
§264.303(c)(2) and calculate average daily flow rates (in gallons per
acre per day).  Unless EPA specifies otherwise, the average daily flow
rates for each sump must be calculated weekly during the active life and
closure period, and monthly during the post-closure care period, if the
unit is closed in accordance with section 264.310(b)(3), and when
required under section 264.303(c)(1).

(i)	Data item:

The data item required to comply with these requirements is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period, and monthly during the post-closure care
period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §264.302(b).

Monitoring and inspection

Section 264.303(a) and (b) require owners and operators of facilities
that have landfills to inspect their units and to record the specified
inspection activities.  Data items and respondent activities associated
with these requirements are covered in this ICR.  However, the burden
for recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to inspections done during the construction and
installation of liners (except in the case of existing portions of
surface impoundments exempt form §264.301(a)) and cover systems (e.g.,
membranes, sheets, or coatings) for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials)
(§264.303(a)); 

Records pertaining to the inspection of synthetic liners and covers to
ensure tight seams and joints an the absence of tears, punctures, or
blisters immediately after construction and installation (§264.303(a));

Records pertaining to the inspection of soil-based and admixed liners
and covers for imperfections including lenses, cracks, channels, root
holes, or other structural non-uniformities that may cause an increase
in the permeability of the liner or cover immediately after construction
and installation (§264.303(a)); and

Records pertaining to the inspection of the waste pile weekly and after
storms while it is operation to detect evidence of any of the following 
(§264.303(b)):

--				Deterioration, malfunctions, or improper operation of run-on and
run-off control systems;

--				Proper functioning of wind dispersal control systems, where
present; and

--				The presence of leachate in and proper functioning of leachate
collection and removal systems, where present.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

Record all inspection data.

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 264.304(a) requires the owner or operator of each new landfill
unit, each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit subject to section 264.301(c) or (d) to
prepare a Response Action Plan (RAP).  The plan must set forth the
actions to be taken if the action leakage rate has been exceeded.  It
must describe, at a minimum, the actions required under §264.303(b). 
Permitted facilities and facilities seeking initial permits must submit
the RAP for EPA approval in a Part B permit application or modification
before the receipt of waste.  Data items and respondent activities
associated with preparing and submitting the RAP are covered in the
“Part B Application, Permit Modification, and Special Permits ICR”
(EPA ICR Number 1573).

Action leakage reporting

40 CFR 264.304(b) requires owners and operators to collect certain
information in the event the flow rate into the leak detection system
exceeds the action leakage rate.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned; Determination of,
to the extent practicable, the location, size, and cause of any leaks; 

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned.  As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §264.304(b)(1);

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§264.304(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §264.304(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §264.304(b)(5); and 

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§264.304(b)(6).

Remediation determination analyses

Under 40 CFR 264.304(b)(3), (4) and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source;

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities to make leak and/or
remediation determinations:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
section 264.304(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section 264.304(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
264.304(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§264.304(c)(1)(iii).

Special requirements for bulk and containerized liquids

40 CFR 264.314(b) prohibits disposing bulk or containerized liquid
hazardous waste or hazardous waste containing free liquids in any
landfill.  40 CFR 264.314(c) requires owner/operators to demonstrate the
absence or presence of free liquids in bulk or containerized waste using
EPA Method 9095 (Paint Filter Liquids Test) as described in “Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA
Publication No. SW-846).  

In addition, 40 CFR 264.314(e) prohibits placing non-hazardous liquid
waste in a landfill unless the landfill owner/operator can demonstrate
to the Regional Administrator, or the Regional Administrator determines,
that: (1) the only reasonably available alternative is placing the waste
in another landfill that contains or is expected to contain hazardous
waste, and (2) placing the waste in the owner/operator’s landfill will
not risk contaminating any underground source of drinking water.  The
regulations do not specify the exact form this demonstration must take;
depending on the circumstances surrounding each demonstration, the
effort and data required to gain an exemption may vary.  This ICR
assumes that owner/operators will present information regarding (1) the
situational constraints that necessitate disposing the waste in a
landfill containing hazardous waste (e.g., the lack of access to any
other suitable disposal arrangement), and (2) hydrogeological and other
information sufficient to show that doing so cannot contaminate any
underground source of drinking water.

(i)	Data items:

The data items for demonstrating the absence of free liquids include:

•	Results of the Paint Filter Liquids Test, performed as specified in
SW-846.

The data items required for the demonstration under 40 CFR 264.314(e)
include:

•	Information sufficient to show that the only reasonably available
alternative to placing the waste in the owner/operator’s landfill
would be to place the waste in another landfill 

or unlined surface impoundment that contains or is expected to contain
hazardous waste; and

•	Information sufficient to show that placing the waste in the
owner/operator’s landfill will not present a risk of contamination of
any underground source of drinking water.

(ii)	Respondent activities:

Respondents must perform the following activities in performing the
no-free-liquids demonstration:

•	Record and file the observation results.

Respondents must perform the following activities in order to gain an
exemption from the requirements in §264.314(e):

•	Gather the information necessary to make the demonstration; and

•	Submit the information to the Regional Administrator.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.317 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any landfill unless the landfill is operated in accordance
with a management plan approved by the Regional Administrator.  Since
the waste management plan is submitted with the Part B permit
application, data items and respondent activities associated with this
requirement are covered in the “Part B Permit Application, Permit
Modification, and Special Permits ICR” (EPA ICR Number 1573).

INCINERATORS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart O is
expected to read the regulations.

Applicability

40 CFR Part 265, Subpart O presents interim status hazardous waste
incinerator standards.  Section 265.340(b) exempts incinerator
owner/operators from these regulations (except §265.351--Closure).  

(i)	Data item:

The data item required for an exemption from the interim status
incinerator requirements is:

 

•	Written documentation that the waste to be incinerated meets the
requirements listed in 40 CFR 265.340(b) and cannot reasonably be
expected to contain any of the hazardous constituents listed in 40 CFR
261, Appendix VIII.

(ii)	Respondent activities:

Respondents must perform the following activities in order to be exempt
from these requirements:

•	Determine whether the waste in question meets the requirements
listed in 40 CFR 265.340(b) and Part 261, Appendix VIII, and document
the fact in writing; and

•	File the documentation at the unit.

Waste analysis

40 CFR 265.341 requires owner/operators of an interim status incinerator
to gather waste analysis data (in addition to that required in §265.13)
for hazardous waste that has not been previously burned in his
incinerator to enable him to establish steady state (normal) operating
conditions (including waste and auxiliary fuel feed and air flow) and to
determine the type of pollutants which might be emitted.  At a minimum,
the waste analysis must determine:

Heating value of the waste;

Halogen content and sulfur content in the waste; and

Concentrations in the waste of lead and mercury, unless the owner or
operator has written, documented data that show that the element is not
present. 

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements include:

Records of the waste analysis results.

(ii)	Respondent activity:

Respondents must perform the following activity in gathering these data:

•	Conduct waste analysis.

 Monitoring and inspections

Section 265.347(a) and (b)  require owners and operators of incinerators
to conduct monitoring and inspection activities and to collect data
gathered by these activities when incinerating hazardous waste.  Data
items and respondent activities associated with these requirements are
covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in “General Hazardous Waste Facility
Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to the monitoring of existing instruments which
relate to combustion and emission control every 15 minutes
(§264.347(a));

Records pertaining to the inspection of the complete incinerator and
associated equipment (pumps, valves, conveyors, pipes, etc.), at least
daily, for leaks, spills, and fugitive emissions (§264.347(b)); and

Records pertaining to the inspection of all emergency shutdown controls
and system alarms to assure proper operation (§264.347(b)).

(ii)	Respondent activity:

Respondents must perform the following activity in gathering these data:

Record all inspection data.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

Under 40 CFR 265.352, these wastes may be burned in interim status
hazardous waste incinerators if owner/operators receive a certification
from the Assistant Administrator for Solid Waste and Emergency Response
that they can meet the performance standards of Subpart O of Part 264.  

(i)	Data item:

The data item required to receive this certification include:

•	An application to the Assistant Administrator containing the
information in §§ 270.19 and 270.62.

(ii)	Respondent activities:

Respondents must perform the following activities to receive this
certification:

•	Complete an application that demonstrates the incinerator can meet
the performance standards in Subpart O of Part 264, including a trial
burn; and

•	Submit the application to EPA.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart O is
expected to read the regulations.

Applicability

40 CFR Part 264, Subpart O presents permitted status hazardous waste
incinerator standards.  Section 264.340(b) exempts incinerator
owner/operators from these regulations.  Since the owner/operator
submits applicability exemptions with the Part B Permit Application,
data items and respondent activities associated with this requirement
are covered in the “Part B Permit Application, Permit Modification,
and Special Permits ICR” (EPA ICR Number 1573).

Notification of intent to burn hazardous wastes

40 CFR 264.343(a)(2) requires owner/operators to notify the Regional
Administrator prior to burning EPA Hazardous Waste Codes F020, F021,
F022, F023, F026, and F027.  

(i)	Data items:

No specific data items are to be included in this notification.

(ii)	Respondent activities:

To comply with 40 CFR 264.343(a)(2), owners/operators must perform the
following activities:

•	Prepare notification of intent to burn wastes; and

•	Submit notification to the Regional Administrator.

Monitoring and inspections

40 CFR 264.347(a), (b) and (c) detail the monitoring and inspection
requirements for Subpart O incinerators.  Data items and respondent
activities associated with these requirements are covered in this ICR. 
However, the burden for recordkeeping the applicable data items is
covered in the “General Hazardous Waste Facility Standards ICR” (EPA
ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to the following monitoring activities
(§264.347(a)):

--			Combustion temperature, waste feed rate, and the indicator of
combustion gas velocity specified in the facility permit must be
monitored on a continuous basis;

--			CO must be monitored on a continuous basis at a point in the
incinerator downstream of the combustion zone and prior to release to
the atmosphere; and

--			Upon request by the Regional Administrator, sampling and analysis
of the waste and exhaust emissions must be conducted to verify that the
operating requirements established in the permit achieve the performance
standards of §264.343;

Records pertaining to thorough visual inspections, conducted at least
daily, of the incinerator and associated equipment (pumps, valves,
conveyors, pipes, etc.) for leaks, spills, fugitive emissions, and signs
of tampering (§264.347(b)); and

Records pertaining to operational testing, conducted at least weekly, of
the emergency waste feed cutoff system and associated alarms to verify
operability (§264.347(c));

OR

•	A demonstration for exemption under §264.347(c) from the
requirements to test the emergency waste feed cutoff system and
associate alarms on a weekly basis; and

Records pertaining to operational testing, conducted at least monthly,
of the emergency waste feed cutoff system and associated alarms to
verify operability (§264.347(c)).

(ii)	Respondent activity:

Respondents must perform the following activity in order to be exempt
from these requirements:

•	Record all inspection data.

THERMAL TREATMENT UNITS (Interim Status Facilities Only)

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart P is
expected to read the regulations.

Waste analysis

40 CFR 265.375 requires owner/operators of a thermal treatment unit to
gather waste analysis data (in addition to that required in §265.13)
for hazardous waste that has not been previously treated in his thermal
treatment process to enable him to establish steady state (normal) or
other appropriate (for non-continuous process) operating conditions
(including auxiliary fuel feed) and to determine the type of pollutants
which might be emitted.  Data items and respondent activities associated
with these requirements are covered in this ICR.  However, the burden
for recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

At a minimum, the analysis must determine:

Heating value of the waste;

Halogen content and sulfur content in the waste; and

Concentrations in the waste of lead and mercury, unless the owner or
operator has written, documented data that show that the element is not
present. 

(i)	Data item:

The data item required to comply with these requirements include:

Records of the waste analysis results.

(ii)	Respondent activity:

Respondents must perform the following activity in gathering this data:

•	Conduct waste analysis.

Monitoring and inspections

40 CFR 265.377 requires owner/operators of an interim status thermal
treatment unit to conduct monitoring and inspection activities and
collect the data gathered during these activities.  Data items and
respondent activities associated with these requirements are covered in
this ICR.  However, the burden for recordkeeping the applicable data
items is covered in the “General Hazardous Waste Facility Standards
ICR” (EPA ICR Number 1571). 

(i)	Data items:

The data items required for owners and operators of Subpart P
incinerators include:

Records pertaining to the monitoring, at least every 15 minutes, of
existing instruments which relate to temperature and emission control
(if an emission control device is present);

Records pertaining to the visual observation, at least hourly, of the
stack plume (emissions), where present, for normal appearance (color and
capacity);

Records pertaining to the inspection, at least daily, of the complete
thermal process and associated equipment (pumps, valves, conveyors,
pipes, etc.) for leaks, spills, and fugitive emissions; and

Records pertaining to the inspection, at least daily, of all emergency
shutdown controls and system alarms to assure proper operation.

(ii)	Respondent activities:

Respondents must perform the following activities in gathering these
data:

Monitor existing instruments which relate to temperature and emission
control (if an emission control device is present);

Observe visually the stack plume, where present, for normal appearance;

•	Inspect the complete thermal process and associated equipment for
leaks, spills, and fugitive emissions; and

•	Inspect all emergency shutdown controls and system alarms to assure
proper operation.

Application to burn F020, F021, F023, F026, or F027

40 CFR 265.383(b)(1) requires owners/operators of facilities that
thermally treat hazardous waste in devices other than enclosed devices
using controlled flame combustion who chose to burn EPA Hazardous Wastes
F020, F021, F022, F023, F026, or F027 to submit an application to burn
these wastes. Applications to burn EPA Hazardous Wastes F020, F021,
F022, F023, F026, or F027 must include the applicable information in
§§ 270.19 and 270.62.   

(i)	Data item:

The data item required to comply with this requirement includes:

•	An application to the Assistant Administrator for Solid Waste and
Emergency Response containing information in §270.62 or §270.19(c).

(ii)	Respondent activities:

To comply with §265.383(b)(1), respondents must perform the following
activities:

•	Collect information and prepare application; and

•	Submit application to the Assistant Administrator for Solid Waste
and Emergency Response.

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS (Interim Status
Facilities Only)

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart Q is
expected to read the regulations.

Waste analysis and trial tests

40 CFR 265.402 requires owner/operators of a chemical, physical, or
biological treatment unit to conduct waste analyses (in addition to
those required in §265.13) for hazardous waste, whenever:

A hazardous waste which is substantially different from waste previously
treated in a treatment process or equipment at the facility is to be
treated in that process or equipment; 

OR

A substantially different process than any previously used at the
facility is to be used to chemically treat hazardous waste.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).  

(i)	Data items:

The data items required for owners and operators of Subpart Q units
include:

Records of waste analyses and trial treatment tests (e.g., bench scale
or pilot plant scale);

OR

A demonstration that the proposed treatment will meet all applicable
requirements of §265.401(a) and (b), based on written, documented
information on similar treatment of similar waste under similar
operating conditions.

(ii)	Respondent activities:

Respondents must perform the following activities in gathering this
data:

•	Conduct waste analyses and trial treatment tests;

OR

•	Obtain written, documented information on similar treatment of
similar waste under similar operating conditions.

Inspections

40 CFR 265.403 requires owner/operators of a chemical, physical, or
biological unit to conduct inspections of the unit, as specified below. 
Data items and respondent activities associated with these requirements
are covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in the “General Hazardous Waste
Facility Standards ICR” (EPA ICR Number 1571). 

(i)	Data items:

The data items required for owners and operators of Subpart Q treatment
units include:

Records pertaining to the inspection of discharge control and safety
equipment (e.g., waste feed cutoff system, by-pass systems, drainage
systems, and pressure relief systems), where present, at least once each
operating day, to ensure that it is in good working order
(§265.403(a)(1));

Data gathered from monitoring equipment (e.g., pressure and temperature
gauges), at least once each operating day, to ensure that the treatment
process or equipment is being operating according to its design
(§265.403(a)(2));

Records pertaining to the inspection of construction materials of the
treatment process or equipment, at least weekly, to detect corrosion or
leaking fixtures or seams (§265.403(a)(3)); and

Records pertaining to the inspection of construction materials of, and
the area immediately surrounding, discharge confinement structures
(e.g., dikes), at least weekly, to detect erosion or obvious signs of
leakage (e.g., wet spots or dead vegetation) (§265.403(a)(4)).

(ii)	Respondent activities:

Respondents must perform the following activities in gathering these
data:

Inspect discharge control and safety equipment, where present, at least
once each operating day, to ensure that it is in good working order
(§265.403(a)(1));

Gather data from monitoring equipment, where present, at least once each
operating day, to ensure that the treatment process or equipment is
being operating according to its design (§265.403(a)(2));

Inspect construction materials of the treatment process or equipment,
where present, at least weekly, to detect corrosion or leaking fixtures
or seams (§265.403(a)(3)); and

Inspect construction materials of, and the area immediately surrounding,
discharge confinement structures (e.g., dikes), where present, at least
weekly, to detect erosion or obvious signs of leakage (e.g., wet spots
or dead vegetation) (§265.403(a)(4)).

DRIP PADS

Generators:

Regulations

Each respondent regulated under 40 CFR Part 261 is expected to read the
regulations.

Equipment cleaning or replacement plan

40 CFR 261.35(b) requires owners and operators of facilities that
generate wastes from wood preserving processes to either prepare, sign,
and follow an equipment cleaning plan, or prepare, sign, and follow an
equipment replacement plan.  In addition, generators must document
equipment cleaning and replacement in accordance with
§261.35(b)(1)(iii).  Generators must also maintain records documenting
all equipment cleaning or replacement (§261.35(c)).

(i)	Data item:

The data item required to comply with these requirements include:

Documentation of equipment cleaning and replacement.

(ii)	Respondent activities:

Respondents must perform the following activities in gathering this
data:

•	Prepare and follow an equipment cleaning plan;

OR

•	Prepare and follow an equipment replacement plan;

OR

•	Document cleaning and replacement; and

•	Maintain documentation of equipment cleaning and replacement.

Interim Status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart W is
expected to read the regulations.

Contingency plan

40 CFR 265.440 requires owners and operators of facilities that use new
or existing drip pads to convey treated wood drippage, precipitation,
and/or surface water run-on to an associated collection system.  The
requirements are not applicable, however, to the management of
infrequent and incidental drippage in storage yards provided that the
owner or operator maintains and complies with a written contingency plan
that describes how the owner or operator will respond immediately to the
discharge of such infrequent and incidental drippage.

(i)	Data item:

The data item required to comply with these requirements includes:

•	Contingency plan describing how the owner or operator will do the
following: (1) clean up the drippage; (2) document the cleanup of the
drippage; (3) retain documents regarding cleanup for three years; and
(4) manage the contaminated media in a manner consistent with Federal
regulations (§265.440(c)).

(ii)	Respondent activities:

To comply with §265.440(c), respondents must perform the following
activities:

•	Develop and maintain a contingency plan for discharge of drippage,
including documentation of drippage.

Assessment of existing drip pad integrity

40 CFR 265.441(a) requires that for each existing drip pad as defined in
§265.440, the owner or operator must evaluate the drip pad and
determine that it meets all of the requirements of this Subpart, except
the requirements for liners and leak detection systems of §265.443(b). 


(i)	Data item:

The data item for this evaluation includes:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation. 

(ii)	Respondent activities:

To comply with §265.441(a), respondents must perform the following
activities:

•	Obtain and submit a written, certified assessment of the drip pad;

•	Maintain the written assessment of the drip pad; and

•	Review, update, and re-certify the assessment annually.

Plan for upgrading, repairing, and modifying the drip pad

40 CFR 265.441(b) requires that the owner or operator develop a written
plan for upgrading, repairing, and modifying the drip pad to meet the
requirements of §265.443(b) and must submit this plan no later than two
years before the date that all repairs, upgrades, and modifications will
be complete.  This written plan must describe all changes to be made to
the drip pad.  Upon completion of all repairs and modifications, the
owner or operator must submit the as-built drawing with certification by
and independent, qualified engineer attesting that the drip pad conforms
to the drawings, as specified in 40 CFR 265.441(c).  

(i)	Data items:

The data items for these requirements include:

•	A written plan reviewed and certified by an independent qualified,
registered professional engineer; and

•	As-built drawings for the drip pad together with a certification by
an independent, qualified registered professional engineer attesting
that the drip pad conforms to the drawings.

(ii)	Respondent activities:

To comply with §265.441(b)-(c), respondents must perform the following
activities:

•	Develop and submit to the Regional Administrator a written certified
plan;

•	Maintain a written assessment of the plan; and

•	Obtain and submit as-built drawings and a certification.

Design and operating requirements

40 CFR 265.443 specifies design and operating requirements for owners
and operators of facilities with drip pads.  Sections 265.443(a), (b),
(g), (i), and (k) include information collection requirements associated
with the design, construction, operation, and maintenance of the drip
pads.  

(i)	Data items:

The data items required to comply with these requirements include:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation.  The assessment must be reviewed,
updated, and recertified annually.  The evaluation must document the
extent to which the drip pad meets the design and operating standards of
this section (§265.443(a)(4)(ii));

•	Documentation in the unit’s operating log of the date and time of
any leakage collected and removed from the leakage collection system
immediately above the liner that is designed, constructed, maintained,
and operated to collect leakage from the drip pad (§265.443(b)(3));

•	Certification from an independent, qualified registered professional
engineer stating that the drip pad design meets the requirements of 
§265.443 (§265.443(g));

•	Documentation in the unit’s operating log of the date and time of
each weekly cleaning of the drip pad and the cleaning procedure used
(§265.443(i)); and

•	Records sufficient to document that all treated wood is held on the
pad following treatment in accordance with this requirement
(§265.443(k)). 

(ii)	Respondent activities:

To comply with §265.443(a), (b), (g), (i), and (k), respondents must
perform the following activities:

•	Obtain and maintain a written certified assessment of a new drip
pad;

•	Update and maintain the written certified assessment of the drip pad
annually;

•	Maintain documentation of the date and time of any leakage collected
and removed from the leakage collection system immediately above the
liner;

Obtain and maintain a certification from an independent, qualified
registered professional engineer stating that the drip pad design meets
the requirements of §265.443;

•	Maintain documentation of the date and time of each weekly cleaning
of the drip pad; and

•	Maintain records that all treated wood is held on the drip pad after
treatment.

Emergency response

40 CFR 265.443(m) requires that throughout the active life of the drip
pad, the owner or operator must repair within a reasonably prompt period
of time any condition detected that may have caused or has caused a
release of hazardous waste.  

(i)	Data items:

The data items for this requirement include:

•	A record of discovery of each condition in the unit operating log;

A 24-hour notification;

•	Written notification of the condition to the Regional Administrator
within 10 working days of the discovery, providing a description of the
steps that will be taken to repair the drip pad, and clean up any
leakage, and the schedule for accomplishing this work; and

•	Written notification with a certification by an independent,
qualified, registered professional engineer to the Regional
Administrator showing that all repairs and clean up have been completed
according to the written plan submitted.

(ii)	Respondent activities:

To comply with §265.443(m), respondents must perform the following
activities:

•	Enter a record of discovery for each condition;

Notify EPA of each condition within 24 hours;

•	Provide written notification to EPA within 10 working days; and

•	Prepare and submit a report with certification to EPA when all
repairs and clean up are complete.

Facility operating record

40 CFR 265.443(n) requires that the owner or operator of a unit with
drip pads must maintain as part of the unit’s operating log,
documentation of past operating and waste handling practices.  

(i)	Data item:

The data item for this requirement is:

•	Documentation of past operating and waste handling practices, which
must include identification of preservative formulations used in the
past, a description of drippage management practices, and a description
of treated wood storage and handling practices.

(ii)	Respondent activity:

To comply with §265.443(n), respondents must perform the following
activity:

•	Maintain documentation of past operating and waste handling
practices.

Inspections

40 CFR 265.444 requires that during construction or installation, liners
and cover systems (e.g., membranes sheets, or coatings) must be
inspected for uniformity, damage, and imperfections (e.g., holes,
cracks, thin spots, or foreign materials).  Data items and respondent
activities associated with these requirements are covered in this ICR. 
However, the burden for recordkeeping the applicable data items is
covered in the “General Hazardous Waste Facility Standards ICR” (EPA
ICR Number 1571). 

(i)	Data items:

The data items for this requirement include:

•	Inspection of liners immediately after construction or installation
with certification by an independent qualified, registered professional
engineer.  Also, drip pads must be inspected weekly while in operation;
and

•	Certifications of inspection must be maintained at the unit as part
of the unit’s operating record.

(ii)	Respondent activities:

To comply with §265.444 respondents must perform the following
activity:

•	Inspect and certify liners immediately after construction or
installation; and

•	Inspect and certify liners on a weekly basis.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart W is
expected to read the regulations.

Contingency plan

40 CFR 264.570 requires owners and operators of facilities that use new
or existing drip pads to convey treated wood drippage, precipitation,
and/or surface water run-on to an associated collection system.  The
requirements are not applicable, however, to the management of
infrequent and incidental drippage in storage yards provided that the
owner or operator maintains and complies with a written contingency plan
that describes how the owner or operator will respond immediately to the
discharge of such infrequent and incidental drippage.

(i)	Data item:

The data item for this requirement includes:

•	Contingency plan describing how the owner or operator will do the
following: (1) clean up the drippage; (2) document the cleanup of the
drippage; (3) retain documents regarding cleanup for three years; and
(4) manage the contaminated media in a manner consistent with Federal
regulations (§264.570(c)(1)).

(ii)	Respondent activity:

To comply with §264.570(c)(1), respondents must perform the following
activity:

•	Develop and maintain a contingency plan for discharge of drippage,
including documentation of drippage.

Assessment of existing drip pad integrity

40 CFR 264.571(a) requires that for each existing drip pad as defined in
§264.570, the owner or operator must evaluate the drip pad and
determine that it meets all of the requirements of this Subpart, except
the requirements for liners and leak detection systems of §264.573(b). 


(i)	Data item:

The data item for this evaluation includes:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation. 

(ii)	Respondent activities:

To comply with §264.571(a), respondents must perform the following
activities:

•	Obtain a written, certified assessment of the drip pad;

•	Maintain on file the written assessment of the drip pad; and

•	Review, update, and re-certify the assessment annually.

Plan for upgrading, repairing, and modifying the drip pad

40 CFR 264.571(b) requires that the owner or operator develop a written
plan for upgrading, repairing, and modifying the drip pad to meet the
requirements of §264.573(b) and must submit this plan no later than two
years before the date that all repairs, upgrades, and modifications will
be complete.  This written plan must describe all changes to be made to
the drip pad.  Upon completion of all repairs and modifications, the
owner or operator must submit the as-built drawing with certification by
and independent, qualified engineer attesting that the drip pad conforms
to the drawings, as specified in 40 CFR 264.571(c).  

(i)	Data items:

The data items for these requirements include:

•	A written plan reviewed and certified by an independent qualified,
registered professional engineer; and

•	As-built drawings for the drip pad together with a certification by
an independent, qualified registered professional engineer attesting
that the drip pad conforms to the drawings.

(ii)	Respondent activities:

To comply with §264.571(b)-(c), respondents must perform the following
activities:

•	Develop and submit to the Regional Administrator a written certified
plan;

•	Maintain a written assessment of the plan; and

•	Obtain and submit as-built drawings and a certification.

Design and operating requirements

40 CFR 264.573 specifies design and operating requirements for owners
and operators of facilities with drip pads.  Sections 264.573(a), (b),
(g), (i), and (k) include information collection requirements associated
with the design, construction, operation, and maintenance of the drip
pads.  

(i)	Data items:

The data items required to comply with these requirements include:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation.  The assessment must be reviewed,
updated, and recertified annually.  The evaluation must document the
extent to which the drip pad meets the design and operating standards of
this section (§264.573(a)(4)(ii));

•	Documentation in the unit’s operating log of the date and time of
any leakage collected and removed from the leakage collection system
immediately above the liner that is designed, constructed, maintained,
and operated to collect leakage from the drip pad (§264.573(b)(3));

•	Certification from an independent, qualified registered professional
engineer stating that the drip pad design meets the requirements of 
§264.573 (§264.573(g));

•	Documentation in the unit’s operating log of the date and time of
each weekly cleaning of the drip pad and the cleaning procedure used
(§264.573(i)); and

•	Records sufficient to document that all treated wood is held on the
pad following treatment in accordance with this requirement
(§264.573(k)). 

(ii)	Respondent activities:

To comply with §264.573(a), (b), (g), (i), and (k), respondents must
perform the following activities:

•	Obtain and maintain a written certified assessment of a new drip
pad;

•	Update and maintain the written certified assessment of the drip pad
annually;

•	Maintain documentation of the date and time of any leakage collected
and removed from the leakage collection system immediately above the
liner;

Obtain and maintain a certification from an independent, qualified
registered professional engineer stating that the drip pad design meets
the requirements of §264.573;

•	Maintain documentation of the date and time of each weekly cleaning
of the drip pad; and

•	Maintain records that all treated wood is held on the drip pad after
treatment.

Emergency response

40 CFR 264.573(m) requires that throughout the active life of the drip
pad, the owner or operator must repair within a reasonably prompt period
of time any condition detected that may have caused or has caused a
release of hazardous waste.  

(i)	Data items:

The data items for this requirement include:

•	A record of discovery of each condition in the unit operating log;

A 24-hour notification;

•	Written notification of the condition to the Regional Administrator
within 10 working days of the discovery, providing a description of the
steps that will be taken to repair the drip pad, and clean up any
leakage, and the schedule for accomplishing this work; and

•	Written notification with a certification to the Regional
Administrator showing that all repairs and clean up have been completed
according to the written plan submitted.

(ii)	Respondent activities:

To comply with §264.573(m), respondents must perform the following
activities:

•	Enter a record of discovery for each condition;

Notify EPA of each condition within 24 hours;

•	Provide written notification to EPA within 10 working days; and

•	Prepare and submit a report with certification to EPA when all
repairs and clean up are complete.

Facility operating record

40 CFR 264.573(n) requires that the owner or operator of a unit with
drip pads must maintain as part of the unit’s operating log,
documentation of past operating and waste handling practices.  

(i)	Data item:

The data item for this requirement is:

•	Documentation of past operating and waste handling practices, which
must include identification of preservative formulations used in the
past, a description of drippage management practices, and a description
of treated wood storage and handling practices.

(ii)	Respondent activity:

To comply with §264.573(n), respondents must perform the following
activity:

•	Maintain documentation of past operating and waste handling
practices.

Inspections

40 CFR 264.574 requires that during construction or installation, liners
and cover systems (e.g., membranes sheets, or coatings) must be
inspected for uniformity, damage, and imperfections (e.g., holes,
cracks, thin spots, or foreign materials). Data items and respondent
activities associated with these requirements are covered in this ICR. 
However, the burden for recordkeeping the applicable data items is
covered in the “General Hazardous Waste Facility Standards ICR” (EPA
ICR Number 1571). 

(i)	Data items:

The data items for this requirement include:

•	Inspection of liners immediately after construction or installation
with certification by an independent qualified, registered professional
engineer.  Also, drip pads must be inspected weekly while in operation;
and

•	Certifications of inspection must be maintained at the unit as part
of the unit’s operating record.

(ii)	Respondent activities:

To comply with §264.574 respondents must perform the following
activity:

•	Inspect and certify liners immediately after construction or
installation; and

•	Inspect and certify liners on a weekly basis.

MISCELLANEOUS UNITS (Permitted Facilities Only)

Because developing and following a written schedule for inspecting
equipment is covered in the “General Hazardous Waste Facility
Standards ICR” ( EPA ICR Number 1571), submitting a biennial report is
covered in the “Biennial Report ICR” (EPA ICR Number 976), preparing
an unmanifested waste report is covered in the “Manifest ICR” (EPA
ICR Number 801), preparing release, fire, explosion, and closure reports
are covered in the “General Hazardous Waste Facility Standards ICR”
(EPA ICR Number 1571), and documenting post-closure care procedures for
closed miscellaneous units that have contaminated soils or ground water
are covered in the “Part B Permit Application, Permit Modification,
and Special Permits ICR” (EPA ICR Number 1573), these data items and
activities associated with them are not covered in this ICR.  The only
burden covered in this ICR for respondents regulated under 40 CFR Part
264, Subpart X is for reading the regulations.

PROCESS VENTS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart AA is
expected to read the regulations.

Control device operation documentation

40 CFR 265.1033(i) requires owner/operators to prepare documentation
describing the operation of control devices different from those
specified in §265.1033(f), (g), and (h) and identifying process
parameters that indicate proper operation and maintenance of those
control devices.  



(i)	Data items:

The data items for this determination include:

•	Information describing the control device operation; and

•	Information on the process parameter or parameters that will be used
to indicate proper operation and maintenance of the control device.

(ii)	Respondent activities:

To comply with §265.1033(i), respondents must perform the following
activities:

•	Gather information on control device operation and process
parameters; 

•	Document control device operation and process parameter information;


Reassess and file control device/process parameter information;

•	Modify control device documentation, if necessary; and

•	Maintain documentation at the unit (required under §265.1035(e)).

Waste determination

40 CFR 265.1034(d)(2) requires owner/operators to document waste
determinations that are based on knowledge of the waste rather than
testing.  

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §265.1034(d)(2), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis; 

•	Document information on production processes, waste generation, and
specification analysis; and 

•	Maintain documentation at the unit.

Facility operating record

Implementation schedule

Under 40 CFR 265.1035(b)(1), owner/operators of facilities that comply
with the provisions of §265.1033(a)(2) are required to put the
implementation schedule in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in
operation.  The schedule must also include a rationale of why the
installation cannot be completed at an earlier date.

(ii)	Respondent activities:

To comply with §265.1035(b)(1), respondents must perform the following
activities:

Prepare implementation schedule;

Reassess implementation schedule;

File and maintain implementation schedule; and

Modify implementation schedule, if necessary.

Up-to-date documentation of compliance with the process vent standards
in §265.1032

Under 40 CFR 265.1035(b)(2), owner/operators are required to record the
following information in the unit operating record to document
up-to-date compliance with §265.1032.

(i)	Data items:

The data items for this requirement include:

Information and data identifying all affected process vents, annual
throughput and operating hours of each affected unit, estimated emission
rates for each affected vent and for the overall unit, and the
approximate location within the unit of each affected unit; and

Information and data supporting determinations of vent emissions and
emission reductions achieved by add-on control devices based on
engineering calculations or source tests.

(ii)	Respondent activities:

To comply with §265.1035(b)(2), respondents must perform the following
activities:

Prepare documentation of compliance;

Reassess documentation of compliance;

File and maintain documentation of compliance; and

Modify documentation of compliance, if necessary.

Performance test plan

Under 40 CFR 265.1035(b)(3), owner/operators are required to put the
performance test plan in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	Where an owner or operator chooses to use test data to determine the
organic removal efficiency or total organic compound concentration
achieved by the control device, a performance test plan that includes
the following information:

--			A description of how it is determined that the planned test is
going to be conducted when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to
occur.  This shall include the estimated or design flow rate and organic
content of each vent stream and define the acceptable operating ranges
of key process and control device parameters during the test program;

--			A detailed engineering description of the closed-vent system and
control device, including:

-				Manufacturer’s name and model number of control device;

-				Type of control device;

-				Dimensions of the control device;

-				Capacity;

-				Construction materials; and

--			A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.

(ii)	Respondent activities:

To comply with §265.1035(b)(3), respondents must perform the following
activities:

Prepare performance test plan;

Reassess performance test plan;

File and maintain performance test plan; and

Modify performance test plan, if necessary.

Documentation of compliance with §265.1033

Under 40 CFR 265.1035(b)(4), owner/operators are required to record the
following information in the unit operating record to document
compliance with §265.1033.

(i)	Data items:

The data items for this requirement include:

A list of all information references and sources used in preparing the
documentation;

Records including the dates of each compliance test required by
§265.1033(j);

If engineering calculations are used, a design analysis, specifications,
drawings, schematics, and piping and instrumentation diagrams based on
the appropriate sections of “APTI Course 415:  Control of Gaseous
Emissions” or other engineering texts acceptable to the Regional
Administrator that present basic control device design information. 
Documentation provided by the control device manufacturer or vendor that
describes the control device design in accordance with paragraphs
(b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;

A statement signed and dated by the owner/operator certifying that the
operating parameters used in the design analysis reasonably represent
the conditions that exist when the hazardous waste management unit is or
would be operating at the highest load or capacity level reasonably
expected to occur; 

A statement signed and dated by the owner/operator certifying that the
control device is designed to operate at an efficiency of 95 percent or
greater unless the total organic concentration limit of §265.1032(a) is
achieved at an efficiency less than 95 percent or the total organic
emission limits of §265.1032(a) for affected process vents at the unit
can be attained by a control device involving vapor recovery at an
efficiency less than 95  weight percent.  A statement provided by the
control device manufacturer or vendor certifying that the control
equipment meets the design specifications may be used to comply with
this requirement; and

If performance tests are used to demonstrate compliance, all tests
results.

(ii)	Respondent activities:

To comply with §265.1035(b)(4), respondents must perform the following
activities:

Prepare documentation of compliance;

Reassess documentation of compliance;

File and maintain documentation of compliance; and

Modify documentation of compliance, if necessary.

Design, monitoring, operation, and inspection information

Under 40 CFR 265.1035(c), owner/operators are required to record the
following information in the unit operating record for each closed-vent
system and control device required to comply with §265.1033.

(i)	Data items:

The data items for this requirement include:

Description and date of each modification that is made to the
closed-vent system or control device design;

Identification of operating parameter, description of monitoring device,
and diagram of monitoring sensor location or locations used to comply
with §§ 265.1033(f)(1) and (f)(2);

Monitoring, operating and inspection information required by paragraphs
(f) through (k) of §265.1033;

Date, time, and duration of each period that occurs while the control
device is operating when any monitored parameter exceeds the value
established in the control device design analysis;

Explanation for each period recorded under paragraph (4) of the cause
for control device operating parameter exceeding the design value and
the measures implemented to correct the control device operation;

For a carbon adsorption system operated subject to requirements
specified in §§ 265.1033(g) or 265.1033(h)(2), date when existing
carbon in the control device is replaced with fresh carbon;

For a carbon adsorption system operated subject to requirements
specified in §265.1033(h)(1), a log recording the following
information:

--			Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading; and

--			Date existing carbon in control device is replaced with fresh
carbon;

Date of each control device start-up and shutdown; 

Where an owner or operator designates any components of a closed-vent
system as unsafe to monitor pursuant to §265.1033(n), the owner or
operator must record in a log that is kept in the facility operating
record:  the identification of closed-vent system components that are
designated unsafe to monitor pursuant to §265.1033(n), an explanation
for each closed-vent system component stating why the closed-vent system
component is unsafe to monitor, and the plan for monitoring each
closed-vent system component; and

When each leak is detected as specified in §265.1033(k), record the
following information:

--			The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number;

--			The date the leak was detected and the date of first attempt to
repair the leak;

--			The date of successful repair of the leak;

--			Maximum instrument reading measured by Method 21 of 40 CFR part 60,
appendix A after it is successfully repaired or determined to be
nonrepairable; and

--			“Repair delayed” and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.

(ii)	Respondent activities:

To comply with §265.1035(c), respondents must perform the following
activities:

Prepare design, monitoring, operation, and inspection information;

Reassess design, monitoring, operation, and inspection information;

File and maintain design, monitoring, operation, and inspection
information; and

Modify design, monitoring, operation, and inspection information, if
necessary.

Determination of applicability of §265.1032

Under 40 CFR 265.1035(f), owner/operators are required to record the
following information in the unit operating record used to determine the
applicability of §265.1032 process vent standards.

(i)	Data item:

The data item for this requirement includes:

•	Up-to-date information and data used to determine whether or not a
process vent is subject to the requirements in §265.1032 including
supporting documentation as required by §265.1034(d)(2) when
application of the knowledge of the nature of the hazardous waste stream
or the process by which it was produced is used.

(ii)	Respondent activities:

To comply with §265.1035(f), respondents must perform the following
activities:

•	Prepare the determination of applicability;

•	Reassess the determination of applicability; 

•	File and maintain the determination of applicability; and

•	Modify the determination of applicability, if necessary.  

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart AA is
expected to read the regulations.

Control device operation documentation

40 CFR 264.1033(j) requires owner/operators to prepare documentation
describing the operation of control devices different from those
specified in §264.1033(f), (g), and (h) and identifying process
parameters that indicate proper operation and maintenance of those
control devices.  

(i)	Data items:

The data items for this determination include:

•	Information describing the control device operation; and

•	Information on the process parameter or parameters that will be used
to indicate proper operation and maintenance of the control device.

(ii)	Respondent activities:

To comply with §264.1033(j), respondents must perform the following
activities:

•	Gather information on control device operation and process
parameters; 

•	Document control device operation and process parameter information;


•	Reassess control device operation documentation;

•	Modify control device operation documentation, if necessary; and

•	Maintain documentation at the unit (required under §264.1035(e)).

Waste determination

40 CFR 264.1034(d)(2) requires owner/operators to document waste
determinations that are based on knowledge of the waste rather than
testing.  

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §264.1034(d)(2), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis; 

•	Document information on production processes, waste generation, and
specification analysis; and

•	Maintain documentation at the unit.

Facility operating record

Implementation schedule

Under 40 CFR 264.1035(b)(1), owner/operators of facilities that comply
with the provisions of §264.1033(a)(2) are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in
operation.  The schedule must also include a rationale of why the
installation cannot be completed at an earlier date;

(ii)	Respondent activities:

To comply with §264.1035(b)(1), respondents must perform the following
activities:

•	Prepare the implementation schedule;

•	Reassess the implementation schedule; 

•	File and maintain the implementation schedule; and

•	Modify the implementation schedule, if necessary.  

Up-to-date documentation of compliance with the process vent standards
in §264.1032

Under 40 CFR 264.1035(b)(2), owner/operators are required to record the
following information in the unit operating record to document
up-to-date compliance with §264.1032.

(i)	Data items:

The data items for this requirement include:

Information and data identifying all affected process vents, annual
throughput and operating hours of each affected unit, estimated emission
rates for each affected vent and for the overall unit, and the
approximate location within the unit of each affected unit; and

Information and data supporting determinations of vent emissions and
emission reductions achieved by add-on control devices based on
engineering calculations or source tests.

(ii)	Respondent activities:

To comply with §264.1035(b)(2), respondents must perform the following
activities:

•	Prepare documentation of compliance;

•	Reassess documentation of compliance; 

•	File and maintain documentation of compliance; and

•	Modify documentation of compliance, if necessary.  

Performance test plan

Under 40 CFR 264.1035(b)(3), owners/operators that choose to use test
data to determine the organic removal efficiency or total organic
compound concentration achieved by the control device are required to
record the following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A performance test plan that includes the following information:

--			A description of how it is determined that the planned test is
going to be conducted when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to
occur.  This shall include the estimated or design flow rate and organic
content of each vent stream and define the acceptable operating ranges
of key process and control device parameters during the test program;

--			A detailed engineering description of the closed-vent system and
control device, including:

-				Manufacturer’s name and model number of control device;

-				Type of control device;

-				Dimensions of the control device;

-				Capacity;

-				Construction materials; and

--			A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.

(ii)	Respondent activities:

To comply with §264.1035(b)(3), respondents must perform the following
activities:

•	Prepare performance test plan;

•	Reassess performance test plan; 

•	File and maintain performance test plan; and

•	Modify performance test plan, if necessary.  

Documentation of compliance with §264.1033

Under 40 CFR 264.1035(b)(4), owner/operators are required to record the
following information in the unit operating record to document
compliance with §264.1033.

(i)	Data items:

The data items for this requirement include:

A list of all information references and sources used in preparing the
documentation;

Records including the dates of each compliance test required by
§264.1033(k); 

If engineering calculations are used, a design analysis, specifications,
drawings, schematics, and piping and instrumentation diagrams based on
the appropriate sections of “APTI Course 415:  Control of Gaseous
Emissions” or other engineering texts acceptable to the Regional
Administrator that present basic control device design information. 
Documentation provided by the control device manufacturer or vendor that
describes the control device design in accordance with paragraphs
(b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;

A statement signed and dated by the owner/operator certifying that the
operating parameters used in the design analysis reasonably represent
the conditions that exist when the hazardous waste management unit is or
would be operating at the highest load or capacity level reasonably
expected to occur; 

A statement signed and dated by the owner/operator certifying that the
control device is designed to operate at an efficiency of 95 percent or
greater unless the total organic concentration limit of §264.1032(a) is
achieved at an efficiency less than 95 percent or the total organic
emission limits of §264.1032(a) for affected process vents at the unit
can be attained by a control device involving vapor recovery at an
efficiency less than 95  weight percent.  A statement provided by the
control device manufacturer or vendor certifying that the control
equipment meets the design specifications may be used to comply with
this requirement; and

If performance tests are used to demonstrate compliance, all test
results.

(ii)	Respondent activities:

To comply with §264.1035(b)(4), respondents must perform the following
activities:

•	Prepare documentation of compliance;

•	Reassess documentation of compliance; 

•	File and maintain documentation of compliance; and

•	Modify documentation of compliance, if necessary.

  

Design, monitoring, operation, and inspection information	

Under 40 CFR 264.1035(c), owner/operators are required to record the
following information in the unit operating record for each closed-vent
system and control device required to comply with §264.1033.

(i)	Data items:

Data items for this requirement include:

Description and date of each modification that is made to the
closed-vent system or control device design;

Identification of operating parameter, description of monitoring device,
and diagram of monitoring sensor location or locations used to comply
with §§ 264.1033(f)(1) and (f)(2);

Monitoring, operating and inspection information required by paragraphs
(f) through (k) of §264.1033;

Date, time, and duration of each period that occurs while the control
device is operating when any monitored parameter exceeds the value
established in the control device design analysis;

Explanation for each period recorded under paragraph (4) of the cause
for control device operating parameter exceeding the design value and
the measures implemented to correct the control device operation;

For a carbon adsorption system operated subject to requirements
specified in §§ 264.1033(g) or 264.1033(h)(2), date when existing
carbon in the control device is replaced with fresh carbon;

For a carbon adsorption system operated subject to requirements
specified in §264.1033(h)(1), a log recording the following
information:

--			Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading; and

--			Date existing carbon in control device is replaced with fresh
carbon;

Date of each control device startup and shutdown; 

Where an owner or operator designates any components of a closed-vent
system as unsafe to monitor pursuant to §264.1033(o), the owner or
operator must record in a log that is kept in the facility operating
record:  the identification of closed-vent system components that are
designated unsafe to monitor pursuant to §265.1033(o), an explanation
for each closed-vent system component stating why the closed-vent system
component is unsafe to monitor, and the plan for monitoring each
closed-vent system component; and

When each leak is detected as specified in §264.1033(l), record the
following information:

--			The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number;

--			The date the leak was detected and the date of first attempt to
repair the leak;

--			The date of successful repair of the leak;

--			Maximum instrument reading measured by Method 21 of 40 CFR part 60,
appendix A after it is successfully repaired or determined to be
nonrepairable; and

--			“Repair delayed” and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.

(ii)	Respondent activities:

To comply with §264.1035(c), respondents must perform the following
activities:

•	Prepare design, monitoring, operation, and inspection information;

•	Reassess design, monitoring, operation, and inspection information; 

•	File and maintain design, monitoring, operation, and inspection
information; and

•	Modify design, monitoring, operation, and inspection information, if
necessary.

Determination of applicability of §264.1032

Under 40 CFR 264.1035(f), owner/operators are required to record the
following information in the unit operating record used to determine the
applicability of §264.1032 process vent standards.

(i)	Data item:

The data item for this requirement includes:

•	Up-to-date information and data used to determine whether or not a
process vent is subject to the requirements in §264.1032 including
supporting documentation as required by §264.1034(d)(2) when
application of the knowledge of the nature of the hazardous waste stream
or the process by which it was produced is used.

(ii)	Respondent activities:

To comply with §264.1035(f), respondents must perform the following
activities:

•	Prepare determination of applicability;

•	File and maintain determination of applicability;

•	Reassess determination of applicability; and

•	Modify determination of applicability, if necessary.  

Semiannual report of control device monitoring events

40 CFR 264.1036 requires owner/operators with control devices that have
exceeded or operated outside of the design specifications as defined in
§264.1035(c)(4) for more than 24 hours or flares that have operated
with visible emissions as defined in §264.1033(d) to submit a
semiannual report to the Regional Administrator.  The report must
contain the following information:

•	The EPA identification number, name, and address of the unit;

•	Dates when the control device exceeded or operated outside of the
design specifications as indicated by the control device monitoring
required by §264.1033(f) which were not corrected within 24 hours;

•	Dates when a flare operated with visible emissions as defined in
§264.1033(d) and as determined by Method 22 monitoring;

•	The duration and cause of each control device exceedance or visible
emissions; and

•	Corrective measures taken for each control device exceedance or
visible emissions.

(i)	Data item:

The data item for this requirement includes:

 A semiannual report.

(ii)	Respondent activities:

To comply with §264.1036, respondents must perform the following
activities:

•	Prepare the semiannual report; and

•	Submit the semiannual report to the Regional Administrator.

EQUIPMENT LEAKS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart BB is
expected to read the regulations.

Notification to implement the alternate valve standard specified in
§265.1061(a)

40 CFR 265.1061(b)(1) requires owners or operators that have decided to
implement the alternative standard for valves specified in §265.1061(a)
to notify the Regional Administrator.  

(i)	Data items:

No specific data items are to be included in this notification.  

(ii)	Respondent activities:

To comply with §265.1061(b)(1), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Notification to discontinue implementing the alternative valve standard
specified in §265.1061(a)

40 CFR 265.1061(d) requires owners or operators that no longer wish to
implement the alternative standard for valves specified in §265.1061(a)
to notify the Regional Administrator.  

(i)	Data items:

No specific data items are to be included in this notification.  

(ii)	Respondent activities:

To comply with §265.1061(d), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Notification to implement the alternative valve standard specified in
§§ 265.1062(b)(2), or 265.1062(b)(3)

40 CFR 265.1062(a)(2) requires owners or operators that have decided to
implement the alternative standard for valves specified in
§§ 265.1062(b)(2), or 265.1062(b)(3) to notify the Regional
Administrator.  

(i)	Data items:

No specific data items are to be included in this notification.  

(ii)	Respondent activities:

To comply with §265.1062(a)(2), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Non-hazardous waste documentation

40 CFR 265.1063(d)(3) requires owners or operators that determining that
each piece of equipment does or does not contain hazardous waste with
organic concentration that equals or exceeds 10 percent waste to
document the determination if it was based on knowledge rather than
testing.  

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §265.1063(d)(3), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis; 

•	Document information on production processes, waste generation, and
specification analysis; and

•	Maintain documentation at the unit.

Facility operating record

Equipment record

Under 40 CFR 265.1064(b)(1), owner/operators are required to record the
following information in the unit operating record for each piece of
equipment to which Subpart BB applies.

(i)	Data items:

Data items for this requirement include:

Equipment identification number and hazardous waste management unit
identification;

Approximate locations within the unit;

Type of equipment;

Percent-by-weight total organics in the hazardous waste stream at the
equipment;

Hazardous waste state at the equipment; and

Method of compliance with the standard.

(ii)	Respondent activities:

To comply with §265.1064(b)(1), respondents must perform the following
activities:

Prepare equipment record;

Reassess equipment record;

File and maintain equipment record; and

Modify equipment record, if necessary.

Implementation schedule

Under 40 CFR 265.1064(b)(2), owner/operators of facilities that comply
with the provisions of §265.1033(a)(2) are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in
operation.  The schedule must also include a rationale of why the
installation cannot be completed at an earlier date.

(ii)	Respondent activities:

To comply with §265.1064(b)(2), respondents must perform the following
activities:

Prepare implementation schedule;

Reassess implementation schedule;

File and maintain implementation schedule; and

Modify implementation schedule, if necessary.

Performance test plan	

Under 40 CFR 265.1064(b)(3), owner/operators that choose to use test
data to demonstrate the organic removal efficiency or total organic
compound concentration achieved by the control device are required to
record the following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A performance test plan as specified in §265.1035(b)(3).

(ii)	Respondent activities:

To comply with §265.1064(b)(3), respondents must perform the following
activities:

Prepare performance test plan;

Reassess performance test plan;

File and maintain performance test plan; and

Modify performance test plan, if necessary.

Documentation of compliance with §265.1060

Under 40 CFR 265.1064(b)(4), owner/operators are required to record the
following information in the unit operating record to document
compliance with §265.1060.

(i)	Data item:

The data item for this requirement includes:

•	Detailed design documentation or performance test results specified
in §265.1035(b)(4).

 (ii)	Respondent activities:

To comply with §265.1064(b)(4), respondents must perform the following
activities:

Prepare documentation of compliance;

Reassess documentation of compliance;

File and maintain documentation of compliance; and

Modify documentation of compliance, if necessary.

Leak inspection log

Under 40 CFR 265.1064(d), owner/operators are required to record the
following information in the unit operating record when each leak is
detected as specified in §§ 265.1052, 265.1053, 265.1057, and
265.1058.

(i)	Data item:

The data item for this requirement includes:

•	An inspection log that includes the following information:

--			Instrument and operator identification numbers and the equipment
identification number;

--			The date evidence of a potential leak was found in accordance with
§265.1058(a);

--			The date the leak was detected and the dates of each attempt to
repair the leak;

--			Repair methods applied in each attempt to repair the leak;

--			“Above 10,000” if the maximum instrument reading measured by
the methods specified in §265.1063(b) after each repair attempt is
equal to or greater than 10,000 ppm;

--			“Repair delayed” and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak;

--			Documentation supporting the delay of repair of a valve in
compliance with §265.1059(c);

--			The signature of the owner or operator (or designate) whose
decision it was that repair could not be effected without a hazardous
waste management unit shutdown;

--			The expected date of successful repair of the leak if a leak is not
repaired within 15 calendar days; and

--			The date of successful repair of the leak.

(ii)	Respondent activities:

To comply with §265.1064(d), respondents must perform the following
activities:

Prepare leak inspection log;

Reassess leak inspection log;

File and maintain leak inspection log; and

Modify leak inspection log, if necessary.

Design, monitoring, operation, and inspection information

Under 40 CFR 265.1064(e), owner/operators are required to record the
following information in the unit operating record for each closed-vent
system and control device required to comply with §265.1060.

(i)	Data items:

Data item for this requirement include:

Description and date of each modification that is made to the
closed-vent system or control device design;

Identification of operating parameter, description of monitoring device,
and diagram of monitoring sensor location or locations used to comply
with §§ 265.1033(f)(1) and (f)(2);

Monitoring, operating and inspection information required by paragraphs
(f) through (j) of §265.1033;

Date, time, and duration of each period that occurs while the control
device is operating when any monitored parameter exceeds the value
established in the control device design analysis;

Explanation for each period recorded under paragraph (3) of the cause
for control device operating parameter exceeding the design value and
the measures implemented to correct the control device operation;

For a carbon adsorption system operated subject to requirements
specified in §§ 265.1033(g) or 265.1033(h)(2), date when existing
carbon in the control device is replaced with fresh carbon;

For a carbon adsorption system operated subject to requirements
specified in §265.1033(h)(1), a log recording the following
information:

--			Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading; and

--			Date when existing carbon in the control device is replaced with
fresh carbon; and

Date of each control device startup and shutdown.

(ii)	Respondent activities:

To comply with §265.1064(e), respondents must perform the following
activities:

Prepare design, monitoring, operation, and inspection information;

Reassess design, monitoring, operation, and inspection information;

File and maintain design, monitoring, operation, and inspection
information; and

Modify design, monitoring, operation, and inspection information, if
necessary.

Monitoring and inspection information for other control devices

Under 40 CFR 265.1064(f), owner/operators are required to record the
following information in the unit operating record for a control device
other than a thermal vapor incinerator, catalytic vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system.

(i)	Data item:

The data item for this requirement includes:

•	Monitoring and inspection information indicating proper operation
and maintenance of the control device.

(ii)	Respondent activities:

To comply with §265.1064(f), respondents must perform the following
activities:

Prepare monitoring and inspection information;

Reassess monitoring and inspection information;

File and maintain monitoring and inspection information; and

Modify monitoring and inspection information, if necessary.

Equipment log

Under 40 CFR 265.1064(g), owner/operators are required to record the
following information in the unit operating record for all equipment
subject to §§ 265.1052 through §265.1060.

(i)	Data item:

The data item for this requirement includes:

•	A log recording the following information:

--			A list of identification numbers (except welded fittings) for
equipment subject to the standards of Subpart BB;

--			A list of identification numbers for equipment that the owner or
operator elects to designate for no detectable emissions, as indicated
by an instrument reading of less than 500 ppm above background, under
§§ 265.1052(e), 265.1053(i), and 265.1057(f);

--			Signed designation of this equipment as subject to the requirements
of §§ 265.1052(e), 265.1053(i), and 265.1057(f) by the owner or
operator;

--			A list of equipment identification numbers for pressure relief
devices required to comply with §265.1054(a);

--			The dates of each compliance test required in §§ 265.1052(e),
265.1053(i), 265.1054, and 265.1057(f);

--			The background level measured during each compliance test;

--			The maximum instrument reading measured at the equipment during
each compliance test;

--			A list of identification numbers for equipment in vacuum service;
and

--			Identification, either by list or location (area or group) of
equipment that contains or contacts hazardous waste with an organic
concentration of at least 10 percent by weight for less than 300 hours
per calendar year.

(ii)	Respondent activities:

To comply with §265.1064(g), respondents must perform the following
activities:

Prepare equipment log;

Reassess equipment log;

File and maintain equipment log; and

Modify equipment log, if necessary.

Valve log for all valves subject to §265.1057(g) and (h)

Under 40 CFR 265.1064(h), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

A log for all valves subject to §265.1057(g) and (h) that includes the
following information:

--			A list of identification numbers for valves that are designated as
unsafe to monitor, an explanation for each valve stating why the valve
is unsafe to monitor, and the plan for monitoring each valve; and

--			A list of identification numbers for valves that are designated as
difficult to monitor, an explanation for each valve stating why the
valve is difficult to monitor, and the planned schedule for monitoring
each valve.

(ii)	Respondent activities:

To comply with §265.1064(h), respondents must perform the following
activities:

Prepare valve log;

Reassess valve log;

File and maintain valve log; and

Modify valve log, if necessary.

Valve log for all valves subject to §265.1062

Under 40 CFR 265.1064(i), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	For all valves complying with §265.1062, a log containing the
following information:

--			A schedule for monitoring; and

--			The percent of valves found leaking during each monitoring period.

(ii)	Respondent activities:

To comply with §265.1064(i), respondents must perform the following
activities:

Prepare valve log;

Reassess valve log;

File and maintain valve log; and

Modify valve log, if necessary.

Criteria log

Under 40 CFR 265.1064(j), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A criteria log containing the following information:

--			Criteria required in §265.1052(d)(5)(ii) and §265.1053(e)(2) and
an explanation of the design criteria; and

--			Any changes to these criteria and the reasons for these changes.

(ii)	Respondent activities:

To comply with §265.1064(j), respondents must perform the following
activities:

Prepare criteria log;

Reassess criteria log;

File and maintain criteria log; and

Modify criteria log, if necessary.

Exemption log

Under 40 CFR 265.1064(k), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An exemption log containing the following information:

--			An analysis determining the design capacity of the hazardous waste
management unit;

--			A statement listing the hazardous waste influent to and effluent
from each hazardous waste management unit subject to the requirements in
§§ 265.1052 through 265.1060 and an analysis determining whether
these hazardous wastes are heavy liquids; and

--			An up-to-date analysis and the supporting information and data used
to determine whether or not equipment is subject to the requirements in
§§ 265.1052 through 265.1060.  The record shall include supporting
documentation as required by §265.1063(d)(3) when application of the
knowledge of the nature of the hazardous waste stream or the process by
which it was produced is used.  

(ii)	Respondent activities:

To comply with §265.1064(k), respondents must perform the following
activities:

Prepare exemption log;

Reassess exemption log;

File and maintain exemption log; and

Modify exemption log, if necessary.

Permitted facilities:

Regulations

Each owner/operator regulated under Part 264 is expected to read the
regulations.

Notification to implement the alternate valve standard specified in
§264.1061(a)

40 CFR 264.1061(b)(1) requires owners or operators that have decided to
implement the alternative standard for valves specified in §264.1061(a)
to notify the Regional Administrator.  

(i)	Data items:

No specific data items are to be included in this notification.  

(ii)	Respondent activities:

To comply with §264.1061(b)(1), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Notification to discontinue implementing the alternative valve standard
specified in §264.1061(a)

40 CFR 264.1061(d) requires owners or operators that no longer wish to
implement the alternative standard for valves specified in §264.1061(a)
to notify the Regional Administrator.  

(i)	Data items:

No specific data items are to be included in this notification.  

(ii)	Respondent activities:

To comply with §264.1061(d), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Notification to implement the alternative valve standard specified in
§§ 264.1062(b)(2), or §264.1062(b)(3) 

40 CFR 264.1062(a)(2) requires owners or operators that have decided to
implement the alternative standard for valves specified in
§§ 264.1062(b)(2) or 264.1062(b)(3) to notify the Regional
Administrator.  

(i)	Data items:

No specific data items are to be included in this notification.  

(ii)	Respondent activities:

To comply with §264.1062(a)(2), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Non-hazardous waste documentation

40 CFR 264.1063(d)(3) requires owners or operators that determining that
each piece of equipment does or does not contain hazardous waste with
organic concentration that equals or exceeds 10 percent waste to
document the determination if it was based on knowledge rather than
testing.  

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §264.1063(d)(3), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis; 

•	Document information on production processes, waste generation, and
specification analysis; and

•	Maintain documentation at the unit. 

Facility operating record

Equipment record

Under 40 CFR 264.1064(b)(1), owner/operators are required to record the
following information in the unit operating record for each piece of
equipment to which Subpart BB applies.

(i)	Data items:

Data items for this requirement include:

Equipment identification number and hazardous waste management unit
identification;

Approximate locations within the unit;

Type of equipment;

Percent-by-weight total organics in the hazardous waste stream at the
equipment;

Hazardous waste state at the equipment; and

Method of compliance with the standard.

(ii)	Respondent activities:

To comply with §264.1064(b)(1), respondents must perform the following
activities:

Prepare equipment record;

Reassess equipment record;

File and maintain equipment record; and

Modify equipment record, if necessary.

Implementation schedule

Under 40 CFR 264.1064(b)(2), owner/operators of facilities that comply
with the provisions of §264.1033(a)(2) are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in
operation.  The schedule must also include a rationale of why the
installation cannot be completed at an earlier date.

(ii)	Respondent activities:

To comply with §264.1064(b)(2), respondents must perform the following
activities:

Prepare implementation schedule;

Reassess implementation schedule;

File and maintain implementation schedule; and

Modify implementation schedule, if necessary.

Performance test plan

Under 40 CFR 264.1064(b)(3), owner/operators that choose to use test
data to demonstrate the organic removal efficiency or total organic
compound concentration achieved by the control device are required to
record the following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A performance test plan as specified in §264.1035(b)(3).

(ii)	Respondent activities:

To comply with §264.1064(b)(3), respondents must perform the following
activities:

Prepare performance test plan;

Reassess performance test plan;

File and maintain performance test plan; and

Modify performance test plan, if necessary.

Documentation of compliance with §264.1060

Under 40 CFR 264.1064(b)(4), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	Documentation of compliance with §264.1060, including detailed
design documentation or performance test results specified in
§264.1035(b)(4).

(ii)	Respondent activities:

To comply with §264.1064(b)(4), respondents must perform the following
activities:

Prepare documentation of compliance;

Reassess documentation of compliance;

File and maintain documentation of compliance; and

Modify documentation of compliance, if necessary.

Leak inspection log

Under 40 CFR 264.1064(d), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	When each leak is detected as specified in §§ 264.1052, 264.1053,
264.1057, and 264.1058, an inspection log that includes the following
information:

--			Instrument and operator identification numbers and the equipment
identification number;

--			The date evidence of a potential leak was found in accordance with
§264.1058(a);

--			The date the leak was detected and the dates of each attempt to
repair the leak;

--			Repair methods applied in each attempt to repair the leak;

--			“Above 10,000” if the maximum instrument reading measured by
the methods specified in §264.1063(b) after each repair attempt is
equal to or greater than 10,000 ppm;

--			“Repair delayed” and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak;

--			Documentation supporting the delay of repair of a valve in
compliance with §264.1059(c);

--			The signature of the owner or operator (or designate) whose
decision it was that repair could not be effected without a hazardous
waste management unit shutdown;

--			The expected date of successful repair of the leak if a leak is not
repaired within 15 calendar days; and

--			The date of successful repair of the leak.

(ii)	Respondent activities:

To comply with §264.1064(d), respondents must perform the following
activities:

Prepare leak inspection log;

Reassess leak inspection log;

File and maintain leak inspection log; and

Modify leak inspection log, if necessary.

Design, monitoring, operation, and inspection information

Under 40 CFR 264.1064(e), owner/operators are required to record the
following information in the unit operating record for each closed-vent
system and control device required to comply with §264.1060.

(i)	Data items:

Data items for this requirement include:

Description and date of each modification that is made to the
closed-vent system or control device design;

Identification of operating parameter, description of monitoring device,
and diagram of monitoring sensor location or locations used to comply
with §§ 264.1033(f)(1) and (f)(2);

Monitoring, operating and inspection information required by paragraphs
(f) through (k) of §264.1033;

Date, time, and duration of each period that occurs while the control
device is operating when any monitored parameter exceeds the value
established in the control device design analysis;

Explanation for each period recorded under paragraph (4) of the cause
for control device operating parameter exceeding the design value and
the measures implemented to correct the control device operation;

For a carbon adsorption system operated subject to requirements
specified in §§ 264.1033(g) or 264.1033(h)(2), date when existing
carbon in the control device is replaced with fresh carbon;

For a carbon adsorption system operated subject to requirements
specified in §264.1033(h)(1), a log recording the following
information:

--			Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading; and

--			Date when existing carbon in the control device is replaced with
fresh carbon; and

Date of each control device startup and shutdown.

(ii)	Respondent activities:

To comply with §264.1064(e), respondents must perform the following
activities:

Prepare design, monitoring, operation, and inspection information;

Reassess design, monitoring, operation, and inspection information;

File and maintain design, monitoring, operation, and inspection
information; and

Modify design, monitoring, operation, and inspection information, if
necessary.

Monitoring and inspection information for other control devices

Under 40 CFR 264.1064(f), owner/operators are required to record the
following information in the unit operating record for a control device
other than a thermal vapor incinerator, catalytic vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system.

(i)	Data items:

Data items for this requirement include:

•	Recordkeeping information specified by the Regional Administrator.

(ii)	Respondent activities:

To comply with §264.1064(f), respondents must perform the following
activities:

Prepare monitoring and inspection information;

Reassess monitoring and inspection information;

File and maintain monitoring and inspection information; and

Modify monitoring and inspection information, if necessary.

Equipment log

Under 40 CFR 264.1064(g), owner/operators are required to record the
following information in the unit operating record.

(i)	Data items:

Data items for this requirement include:

•	A log recording the following information for all equipment subject
to §§ 264.1052 through 264.1060:

--			A list of identification numbers (except welded fittings) for
equipment subject to the standards of Subpart BB;

--			A list of identification numbers for equipment that the owner or
operator elects to designate for no detectable emissions, as indicated
by an instrument reading of less than 500 ppm above background, under
§§ 264.1052(e), 264.1053(i), and 264.1057(f);

--			Signed designation of this equipment as subject to the requirements
of §§ 264.1052(e), 264.1053(i), and 264.1057(f) by the owner or
operator;

--			A list of equipment identification numbers for pressure relief
devices required to comply with §264.1054(a);

--			The dates of each compliance test required in §§ 264.1052(e),
264.1053(i), 264.1054, and 264.1057(f);

--			The background level measured during each compliance test;

--			The maximum instrument reading measured at the equipment during
each compliance test;

--			A list of identification numbers for equipment in vacuum service;
and

--			Identification either by list or location (area or group) of
equipment that contains or contacts hazardous waste with an organic
concentration of at least 10 percent by weight for less than 300 hours
per calendar year.

(ii)	Respondent activities:

To comply with §264.1064(g), respondents must perform the following
activities:

Prepare equipment log;

Reassess equipment log;

File and maintain equipment log; and

Modify equipment log, if necessary.

Valve log for all valves subject to §264.1057(g) and (h)

Under 40 CFR 264.1064(h), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A log for valves subject to §264.1057(g) and (h), including the
following: 

--			List of identification numbers for valves designated as unsafe to
monitor, an explanation for each valve stating why the valve is unsafe
to monitor, and the plan for monitoring each valve; and

--			List of identification numbers for valves designated as difficult
to monitor, an explanation for each valve stating why the valve is
difficult to monitor, and the planned schedule for monitoring each
valve.

(ii)	Respondent activities:

To comply with §264.1064(h), respondents must perform the following
activities:

Prepare valve log;

Reassess valve log;

File and maintain valve log; and

Modify valve log, if necessary.

Valve log for all valves subject to §264.1062

Under 40 CFR 264.1064(i), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	For all valves complying with §264.1062, a log containing the
following information:

--			A schedule for monitoring; and

--			The percent of valves found leaking during each monitoring period.

(ii)	Respondent activities:

To comply with §264.1064(i), respondents must perform the following
activities:

Prepare valve log;

Reassess valve log;

File and maintain valve log; and

Modify valve log, if necessary.

Criteria log

Under 40 CFR 264.1064(j), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A criteria log containing the following information:

--			Criteria required in §§ 264.1052(d)(5)(ii) and 264.1053(e)(2)
and an explanation of the design criteria; and

--			Any changes to these criteria and the reasons for these changes.

(ii)	Respondent activities:

To comply with §264.1064(j), respondents must perform the following
activities:

Prepare criteria log;

Reassess criteria log;

File and maintain criteria log; and

Modify criteria log, if necessary.

Exemption log

Under 40 CFR 264.1064(k), owner/operators are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An exemption log containing the following information:

--			An analysis determining design capacity of the hazardous waste
management unit;

--			A statement listing hazardous waste influent to and effluent from
each hazardous waste management unit subject to §§ 264.1052 through
264.1060 and an analysis determining whether these hazardous wastes are
heavy liquids; and

--			An up-to-date analysis and the supporting information and data used
to determine whether or not equipment is subject to the requirements in
§§ 264.1052 through 264.1060.  The record shall include supporting
documentation as required by §264.1063(d)(3) when application of the
knowledge of the nature of the hazardous waste stream or the process by
which it was produced is used.  

(ii)	Respondent activities:

To comply with §264.1064(k), respondents must perform the following
activities:

Prepare exemption log;

Reassess exemption log;

File and maintain exemption log; and

Modify exemption log, if necessary.

Semiannual report of control device monitoring events

40 CFR 264.1065 requires owner/operators with control devices that have
exceeded or operated outside of the design specifications as defined in
§264.1035(c)(4) for more than 24 hours or flares that have operated
with visible emissions as defined in §264.1033(d) to submit a
semiannual report to the Regional Administrator.  The report must
contain the following information:

•	The EPA identification number, name, and address of the unit;

•	For each month during the semiannual reporting period:

--			The equipment identification number of each valve for which a leak
was not repaired as required in §264.1057(d);

--			The equipment identification number of each pump for which a leak
was not repaired as required in §§ 264.1052(c) and (d)(6); and

--			The equipment identification number of each compressor for which a
leak was not repaired as required in §264.1053(g);

•	Dates of hazardous waste management unit shutdowns that occurred
within the semiannual reporting period; and

•	For each month during the semiannual reporting period, dates when
the control device installed as required by §§ 264.1052, 264.1053,
264.1054, or 264.1055 exceeded or operated outside the design
specifications and was not corrected within 24 hours, the duration and
cause of each exceedance, and any corrective measures taken.

(i)	Data item:

The data item for this requirement includes:

A semiannual report

(ii)	Respondent activities:

To comply with §264.1065, respondents must perform the following
activities:

•	Prepare the semiannual report; and 

•	Submit the semiannual report to the Regional Administrator.

CONTAINMENT BUILDINGS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart DD is
expected to read the regulations.	

Demonstration that unit meets the standards of Subpart DD

Under §265.1101(b)(4), for existing units other than 90-day generator
units, EPA may delay the secondary containment requirement for up to two
years, based on a demonstration by the owner/operator that the unit
substantially meets the standards of this Subpart.  In making a
demonstration, the owner/operator must meet the requirements of
§265.1101(b)(4)(i) and (ii).  

(i)	Data item:

The data item for this requirement includes:

•	A demonstration that the unit substantially meets the standards of
Subpart DD, if the owner/operator wants the secondary containment
requirement to be delayed.  The demonstration must include:

--			Written notice of the request, describing the unit and its
operating practices with specific reference to the performance of
existing containment systems and specific plans for retrofitting the
unit with secondary containment; 

--			Response to comments from the Regional Administrator; and

--			Fulfillment of the terms of the revised plan, if such plans are
approved by EPA.

(ii)	Respondent activity:

To comply with §265.1101(b)(4), respondents must perform the following
activity:

•	Demonstrate that the unit substantially meets the standards of
Subpart DD, if the owner/operator wants the secondary containment
requirement to be delayed, as required by or §265.1101(b)(4).

Certification and response procedures

Pursuant to §265.1101(c)(2), owner/operators of all containment units
placed into operation prior to the effective date of the rule must
obtain and maintain in the operating record (on-site files for
generators who are not formally required to have operating records) a
certification by a qualified registered professional engineer.  The
certification must certify that the containment building design meets
the requirements of §265.1101(a) through (c).  Throughout the active
life of the containment building, if the owner/operator detects a
condition that could lead to or has caused a release of hazardous waste,
s/he must repair the condition promptly, in accordance with the
procedures in §265.1101(c)(3).  The owner/operator must also inspect
and record in the unit operating record, at least once every seven days,
data gathered from monitoring equipment and leak detection equipment as
well as the containment building and the area immediately surrounding
the containment building to detect signs of releases of hazardous waste,
as required by §265.1101(c)(4). 

(i)	Data items:

Data items for this requirement include:

•	Certification by a qualified registered professional engineer that
the containment building design meets the requirements of §265.1101(a)
through (c);

•	Upon the owner/operator’s detecting a condition that has caused a
release:

--			A record of discovery of the release into the unit operating
record;

--			A schedule for accomplishing cleanup and repairs;

--			Notification to the Regional Administrator of the condition within
7 days after the discovery of the condition;

--			A written notice with a description of the steps taken to repair
the containment building, and a schedule for accomplishing the work; and

--			Notification to the Regional Administrator in writing and a
verification signed by a qualified, registered professional engineer
that the repairs and cleanup have been completed according to the
written plan submitted in accordance with paragraph (c)(3)(i)(D) of this
section;

•	Data from monitoring and leak detection equipment, the containment
building, and the area immediately surrounding the containment building.

(ii)	Respondent activities:

To comply with §265.1101(c), respondents must perform the following
activities:

•	Obtain a certification by a qualified registered professional
engineer and place this certification in the unit’s operating record,
as required by §265.1101(c)(2);

•	Upon detecting a condition that has caused a release, the
owner/operator must perform the following activities, as required by
§265.1101(c)(3)(i):

--			Enter a record of discovery of the release into the unit’s
operating record, as required by §265.1101(c)(3)(i)(A);

--			Establish a schedule for accomplishing cleanup and repairs, as
required by §265.1101(c)(3)(i)(C);

--			Notify the Regional Administrator of the condition within 7 days
after the discovery of the condition, as required by
§265.1101(c)(3)(i)(D);

--			Provide to EPA within 14 days a written notice with a description
of the steps taken to repair the containment building, and a schedule
for accomplishing the work, as required by §265.1101(c)(3)(i)(D); and

--			Upon completing all repairs and cleanup, notify the Regional
Administrator in writing and provide a verification signed by a
qualified, registered professional engineer that the repairs and cleanup
have been completed according to the written plan submitted in
accordance with paragraph (c)(3)(i)(D) of this section, as required by
§265.1101(c)(3)(i)(D)(iii);

•	Inspect and record in the unit’s operating record, at least once
every seven days, data from monitoring and leak detection equipment, the
containment building, and the area immediately surrounding the
containment building, as required by §265.1101(c)(4).

Operating procedures for areas without secondary containment

Under 40 CFR 265.1101(d)(3), owners/operators of containment buildings
that contain areas with and without secondary containment must maintain
in the unit’s operating log a written description of the operating
procedures used to maintain the integrity of areas without secondary
containment.

(i)	Data item:

The data item for this requirement includes:

•	A written description of the operating procedures used to maintain
the integrity of areas without secondary containment.

(ii)	Respondent activity:

To comply with §265.1101(d)(3), respondents must perform the following
activity:

•	Maintain in the unit’s operating log a written description of the
operating procedures used to maintain the integrity of areas without
secondary containment, as required by §265.1101(d)(3).



Demonstration for exemption from secondary containment requirements

Under 40 CFR 265.1101(e), the owner/operator of a permitted containment
building may obtain a waiver from secondary containment from EPA.  In
order to obtain this waiver, the owner/operator has to demonstrate that
the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety
requirements, or that containment of managed wastes and liquids can be
assured without a secondary containment system.

(i)	Data item:

The data item for this requirement includes:

•	A demonstration that the only free liquids in the unit are limited
amounts of dust suppression liquids required to meet occupational health
and safety requirements and that containment of managed wastes and
liquids can be assured without a secondary containment system, if
applicable.

(ii)	Respondent activity:

To comply with §265.1101(e), respondents must perform the following
activity:

•	Demonstrate that only free liquids in the unit are limited amounts
of dust suppression liquids and that containment of managed wastes and
liquids can be assured without a containment system, if the
owner/operator wants EPA to waive secondary containment requirements for
a permitted containment building, as provided by §265.1101(e).

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart DD is
expected to read the regulations.

Demonstration that unit meets the standards of Subpart DD

Under §264.1101(b)(4), for existing units other than 90-day generator
units, EPA may delay the secondary containment requirement for up to two
years, based on a demonstration by the owner/operator that the unit
substantially meets the standards of this Subpart.  In making a
demonstration, the owner/operator must meet the requirements of
§264.1101(b)(4)(i) and (ii).  

(i)	Data item:

The data item for this requirement includes:

•	A demonstration that the unit substantially meets the standards of
Subpart DD, if the owner/operator wants the secondary containment
requirement to be delayed.  The demonstration must include:

--			Written notice of the request, describing the unit and its
operating practices with specific reference to the performance of
existing containment systems and specific plans for retrofitting the
unit with secondary containment; 

--			Response to comments from the Regional Administrator; and

--			Fulfillment of the terms of the revised plan, if such plans are
approved by EPA.

(ii)	Respondent activity:

To comply with §264.1101(b)(4), respondents must perform the following
activity:

•	Demonstrate that the unit substantially meets the standards of
Subpart DD, if the owner/operator wants the secondary containment
requirement to be delayed, as required by or §264.1101(b)(4).

Certification and response procedures

Pursuant to §264.1101(c)(2), owner/operators of all containment units
placed into operation prior to the effective date of the rule must
obtain and maintain in the operating record (on-site files for
generators who are not formally required to have operating records) a
certification by a qualified registered professional engineer.  The
certification must certify that the containment building design meets
the requirements of §§264.1101(a) through (c).  Throughout the active
life of the containment building, if the owner/operator detects a
condition that could lead to or has caused a release of hazardous waste,
s/he must repair the condition promptly, in accordance with the
procedures in §264.1101(c)(3).  The owner/operator must also inspect
and record in the unit operating record, at least once every seven days,
data gathered from monitoring equipment and leak detection equipment as
well as the containment building and the area immediately surrounding
the containment building to detect signs of releases of hazardous waste,
as required by §264.1101(c)(4). 

(i)	Data items:

Data items for this requirement include:

•	Certification by a qualified registered professional engineer that
the containment building design meets the requirements of §264.1101(a)
through (c);

•	Upon the owner/operator’s detecting a condition that has caused a
release:

--			A record of discovery of the release into the unit operating
record;

--			A schedule for accomplishing cleanup and repairs;

--			Notification to the Regional Administrator of the condition within
7 days after the discovery of the condition;

--			A written notice with a description of the steps taken to repair
the containment building, and a schedule for accomplishing the work; and

--			Notification to the Regional Administrator in writing and a
verification signed by a qualified, registered professional engineer
that the repairs and cleanup have been completed according to the
written plan submitted in accordance with paragraph (c)(3)(i)(D) of this
section; and

•	Data from monitoring and leak detection equipment, the containment
building, and the area immediately surrounding the containment building.

(ii)	Respondent activities:

To comply with §264.1101(c), respondents must perform the following
activities:

•	Obtain a certification by a qualified registered professional
engineer and place this certification in the unit’s operating record,
as required by §264.1101(c)(2);

•	Upon detecting a condition that has caused a release, the
owner/operator must perform the following activities, as required by
§264.1101(c)(3)(i):

--			Enter a record of discovery of the release into the unit’s
operating record, as required by §264.1101(c)(3)(i)(A);

--			Establish a schedule for accomplishing cleanup and repairs, as
required by §264.1101(c)(3)(i)(C);

--			Notify the Regional Administrator of the condition within 7 days
after the discovery of the condition, as required by
§264.1101(c)(3)(i)(D);

--			Provide to EPA within 14 days a written notice with a description
of the steps taken to repair the containment building, and a schedule
for accomplishing the work, as required by §264.1101(c)(3)(i)(D); and

--			Upon completing all repairs and cleanup, notify the Regional
Administrator in writing and provide a verification signed by a
qualified, registered professional engineer that the repairs and cleanup
have been completed according to the written plan submitted in
accordance with paragraph (c)(3)(i)(D) of this section, as required by
§264.1101(c)(3)(i)(D)(iii); and

•	Inspect and record in the unit’s operating record, at least once
every seven days, data from monitoring and leak detection equipment, the
containment building, and the area immediately surrounding the
containment building, as required by §264.1101(c)(4).

Operating procedures for areas without secondary containment

Under 40 CFR 264.1101(d)(3), owners/operators of containment buildings
that contain areas with and without secondary containment must maintain
in the unit’s operating log a written description of the operating
procedures used to maintain the integrity of areas without secondary
containment.



(i)	Data item:

The data item for this requirement includes:

•	A written description of the operating procedures used to maintain
the integrity of areas without secondary containment.

(ii)	Respondent activity:

To comply with §264.1101(d)(3), respondents must perform the following
activities:

•	Maintain in the unit’s operating log a written description of the
operating procedures used to maintain the integrity of areas without
secondary containment, as required by §264.1101(d)(3).

Demonstration for exemption from secondary containment requirements

Under 40 CFR 264.1101(e), the owner/operator of a permitted containment
building may obtain a waiver from secondary containment from EPA.  In
order to obtain this waiver, the owner/operator has to demonstrate that
the only free liquids in the unit are limited amounts of dust
suppression liquids required to meet occupational health and safety
requirements, or that containment of managed wastes and liquids can be
assured without a secondary containment system.

(i)	Data item:

The data item for this requirement includes:

•	A demonstration that the only free liquids in the unit are limited
amounts of dust suppression liquids required to meet occupational health
and safety requirements and that containment of managed wastes and
liquids can be assured without a secondary containment system, if
applicable.

(ii)	Respondent activity:

To comply with §264.1101(e), respondents must perform the following
activity:

•	Demonstrate that only free liquids in the unit are limited amounts
of dust suppression liquids and that containment of managed wastes and
liquids can be assured without a containment system, if the
owner/operator wants EPA to waive secondary containment requirements for
a permitted containment building, as provided by §264.1101(e).

SPECIFIC HAZARDOUS WASTE RECOVERY/RECYCLING FACILITIES

Regulations

Each owner/operator regulated under 40 CFR Part 266 is expected to read
the regulations.



Recyclable materials utilized for precious metal recovery

40 CFR 266.70(c) requires those who store recycled materials regulated
under 40 CFR Part 266, Subpart F to keep records showing that they are
not accumulating the materials speculatively (as defined in 261.1(c)).  

(i)	Data items:

The data items for this recordkeeping requirement are:

•	Information showing the volume of recycled materials regulated under
40 CFR Part 266, Subpart F that are stored at the beginning of the
calendar year;

•	The amount of materials regulated under 40 CFR Part 266, Subpart F
that are generated or received during the calendar year; and

•	The amount of materials regulated under 40 CFR Part 266, Subpart F
that are remaining at the end of the calendar year.

(ii)	Respondent activities:

Respondents must perform the following activities to comply with this
requirement:

•	Record the information specified in 40 CFR 266.70(c); and

•	File and maintain the information.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

The following subsections discuss how EPA (and authorized States in lieu
of EPA) will collect information, what activities EPA (and authorized
States in lieu of EPA) will perform once the information has been
received, and how EPA will manage the information it collects.  The
subsections also include a discussion of how information collection
requirements affect small entities.

5(a)	AGENCY ACTIVITIES

“Agency” in this section means EPA and the authorized States in lieu
of EPA.  The agency activities associated with respondent reporting are
discussed below.  This analysis assumes that there are no agency
activities associated with recordkeeping activities (i.e., filing and
maintaining documentation at the respondent’s unit) because
documentation is not formally submitted to the agency.  Although EPA
will examine unit records during periodic inspections as activities that
are a part of EPA’s overall compliance and enforcement program, the
cost associated with there activities is not attributed to the Subparts
covered in this ICR.  In addition, review of items submitted with Part B
permit applications are covered in the “Part B Permit Application,
Permit Modification, and Special Permits ICR” (EPA ICR Number 1573).

CONTAINERS

Interim status facilities:

There are no Agency activities associated with requirements for
owners/operators of units regulated under 40 CFR Part 265, Subpart I.

Permitted facilities:

There are no Agency activities associated with requirements for
owners/operators of units regulated under 40 CFR Part 264, Subpart I.

TANK SYSTEMS

Interim status facilities:

Agency activities associated with requirements for owners and operators
of interim status tank systems include the following:

•	Reviewing equivalent containment device information;

•	Reviewing information submitted for exemption from the 24-hour leak
detection requirement;

•	Reviewing information submitted for variance from secondary
containment requirements;

•	Reviewing information submitted for exemption from 24-hour waste
removal requirement; 

•	Reviewing release notifications and reports;

•	Reviewing major repair certifications; and 

•	Reviewing decontamination demonstrations.

Permitted facilities: 

Agency activities associated with requirements for owners and operators
of permitted tank systems include the following:

•	Reviewing information submitted for exemption from 24-hour waste
removal requirement; 

•	Reviewing release notifications and reports;

•	Reviewing major repair certifications; and 

•	Reviewing decontamination demonstrations.

SURFACE IMPOUNDMENTS

Interim status facilities:

Agency activities associated with requirements for owners and operators
of interim status surface impoundments include the following:

•	Reviewing assessments of alternate design and operating practices
and notifications of intent to receive waste;

•	Reviewing notifications of intent to receive wastes;

•	Reviewing and establishing action leakage rates;

•	Reviewing Response Action Plans;

•	Reviewing written action leakage rate exceedance notifications;

•	Reviewing leakage reports;

•	Entering RAP data into a data base;

•	Reviewing and establishing pump operating levels;

•	Reviewing contingent corrective measures plans;

•	Reviewing hazardous waste removal plans;

•	Reviewing extension requests; and

•	Reviewing corrective action reports.

Permitted facilities:

Agency activities associated with requirements for owners and operators
of permitted surface impoundments include the following:

•	Reviewing written action leakage rate exceedance notifications;

•	Reviewing leakage reports;

•	Entering RAP data into a data base;

•	Reviewing notifications of surface impoundment removal from service.

•	Reviewing contingent corrective measures plans;

•	Reviewing hazardous waste removal plans;

•	Reviewing extension requests; and

•	Reviewing corrective action reports.

WASTE PILES

Interim status facilities:

Agency activities associated with requirements for owners and operators
of interim status waste piles include the following:

•	Reviewing exemptions from design and operating requirements;

•	Reviewing and establishing action leakage rates;

•	Reviewing Response Action Plans;

•	Reviewing written action leakage rate exceedance notifications;

•	Reviewing leakage reports; and

•	Entering RAP data into a data base.

Permitted facilities:

Agency activities associated with requirements for owners and operators
of permitted waste piles include the following:

•	Reviewing written action leakage rate exceedance notifications;

•	Reviewing leakage reports; and

•	Entering RAP data into a data base.

LAND TREATMENT

Interim status facilities: 

Agency activities associated with the requirements for interim status
land treatment facilities include:

•	Reviewing food-chain crop notifications; and

•	Reviewing certifications of closure.

Permitted facilities:

Agency activities associated with the requirements for permitted land
treatment facilities include the following:

•	Reviewing notifications of significant increases of hazardous
constituents below the treatment zone;

•	Reviewing notifications of intent to demonstrate that regulated unit
is not the source of increase in hazardous constituents below the
treatment zone; 

•	Reviewing demonstrations that regulated unit is not the source of
increase in hazardous constituents below the treatment zone;

•	Reviewing §264.280(d) demonstrations; and

•	Reviewing closure certifications.

LANDFILLS

Interim status facilities: 

Agency activities associated with the requirements for interim status
land treatment facilities include the following:

•	Reviewing notifications of intent to receive waste; 

•	Reviewing demonstrations for exemption from the liner and leachate
collection system requirements; 

•	Reviewing information for waivers of the double liner requirements;

•	Reviewing and establishing action leakage rates;

•	Reviewing Response Action Plans;

•	Reviewing written action leakage rate exceedance notifications;

•	Reviewing leakage reports; 

•	Entering RAP data into a data base;

•	Reviewing and establishing pump operating levels; and

•	Reviewing demonstrations for placing non-hazardous liquid waste in
landfills (265.314(e)).  

Permitted facilities:

Agency activities associated with the requirements for permitted land
treatment facilities include the following: 

•	Reviewing written action leakage rate exceedance notifications;

•	Reviewing leakage reports; 

•	Entering RAP data into a data base; and

•	Reviewing demonstrations for placing non-hazardous liquid waste in
landfills (§264.314(e)).  

INCINERATORS

Interim status facilities:

Agency activities associated with the requirements for interim status
incinerators consist of reviewing applications for certification to burn
hazardous wastes F020, F021, F022, F023, F026 and F027.  

Permitted facilities:

Agency activities associated with the requirements for permitted
incinerators consist of reviewing notifications of intent to burn
hazardous wastes F020, F021, F022, F023, F026 and F027, and reviewing
demonstrations for exemption from emergency waste feed cutoff system
testing requirements.

THERMAL TREATMENT UNITS

Interim status facilities:

Agency activities associated with 40 CFR Part 265, Subpart P include
reviewing applications to burn hazardous wastes F020, F021, F022, F023,
F026 and F027.  

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS

Interim status facilities:

There are no Agency activities associated with requirements for
owners/operators of units regulated under 40 CFR Part 265, Subpart Q.

DRIP PADS

Generators:

There are no Agency activities associated with requirements for
generators whose units are subject to 40 CFR Part 261.

Interim status facilities:

Agency activities associated with 40 CFR Part 265, Subpart W include:

•	Reviewing plans for updating, repairing, and modifying the drip pad;
and

•	Reviewing release notifications and reports. 

Permitted facilities:

Agency activities associated with 40 CFR Part 264, Subpart W include:

•	Reviewing plans for updating, repairing, and modifying the drip pad;
and

•	Reviewing release notifications and reports. 

MISCELLANEOUS UNITS	

Permitted facilities:

There are no Agency activities associated with requirements for
owners/operators of facilities that treat, store, or dispose of
hazardous waste in miscellaneous units.

PROCESS VENTS

Interim status facilities:

There are no Agency activities associated with the requirements for
interim status facilities with process vents. 

Permitted facilities:

Agency activities associated with the requirements for permitted
facilities with process vents include reviewing semiannual reports.

EQUIPMENT LEAKS

Interim status facilities:

Agency activities associated with the requirements for interim status
facilities with equipment subject to Subpart BB include:

•	Reviewing notifications to implement the alternate valve standard
specified in §265.1061(a));

•	Reviewing notifications to discontinue implementing the alternate
valve specified in §265.1061(a)); and

•	Reviewing notifications to implement the alternate valve standard
specified in §§ 265.1062(b)(2) or (b)(3)).

Permitted facilities: 

Agency activities associated with the requirements for permitted
facilities with equipment subject to Subpart BB include:

•	Reviewing notifications to implement the alternate valve standard
specified in §264.1061(a));

•	Reviewing notifications to discontinue implementing the alternate
valve specified in §264.1061(a)); 

•	Reviewing notifications to implement the alternate valve standard
specified in §§ 264.1062(b)(2) or (b)(3)); and

•	Reviewing semiannual reports.

CONTAINMENT BUILDINGS

Interim status facilities:

Agency activities associated with the requirements for interim status
facilities with containment buildings subject to Subpart DD include:

•	Collecting written notices of requests for delay of secondary
containment;

•	Reviewing and commenting on plans to retrofit a unit;

•	Reviewing responses to comments and approving/disapproving a delay;

•	Receiving notifications of release;

•	Reviewing written notices, descriptions, or remedial steps, and
schedules for cleanup;

•	Reviewing information and determining if a unit must be removed from
service;

•	Notifying owner/operator in writing of determination;

•	Reviewing verification of cleanup; and

•	Reviewing no-free-liquid demonstrations.

 Permitted facilities:

Agency activities associated with the requirements for permitted
facilities with containment buildings subject to Subpart DD include:

•	Collecting written notices of requests for delay of secondary
containment;

•	Reviewing and commenting on plans to retrofit a unit;

•	Reviewing responses to comments and approving/disapproving a delay;

•	Receiving notifications of release;

•	Reviewing written notices, descriptions, or remedial steps, and
schedules for cleanup;

•	Reviewing information and determining if a unit must be removed from
service;

•	Notifying owner/operator in writing of determination;

•	Reviewing verification of cleanup; and

•	Reviewing no-free-liquid demonstrations.

SPECIFIC HAZARDOUS WASTE RECOVERY/RECYCLING FACILITIES

There are no Agency activities associated with the requirements of Part
266, Subpart F.  

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

	Respondents are required to submit certain documentation to the agency
as discussed in Section 6.  The submitted documents are maintained by
the receiving agency.  The agency enters select data about the
respondents’ facilities and the submitted documents into RCRAInfo;
RCRAInfo is EPA’s comprehensive information system which provides
access to data supporting the implementation and management of the RCRA
hazardous waste program.

5(c)	SMALL ENTITY FLEXIBILITY

EPA does not anticipate that many small businesses will be engaging in
the types of activities covered in this ICR.  However, to the extent
that there are small entities with, for example, a regulated hazardous
waste tank system, they are subject to the same standards as larger
entities.  EPA has been directed by Congress to promulgate standards to
protect public health and the environment.  In cases where small
businesses engage in activities that endanger the environment, EPA
believes it is abrogating its responsibility to respond to its
Congressional mandate by exempting them from regulation. 

5(d)	COLLECTION SCHEDULE

CONTAINERS

Interim status facilities:

Since records of container area inspections are kept at the facility,
discussion of a collection schedule is not applicable.

Permitted facilities:

Since records of container area inspections are kept at the facility,
discussion of a collection schedule is not applicable.

TANK SYSTEMS

Interim status facilities:

Since records of tank system assessments, statements on design and
installation, and records of annual leak tests and inspections are kept
at the facility, discussion of a collection schedule is not applicable. 
The time frame for submitting demonstrations provided under this section
is dependent upon the desire of owner/operators to submit such
demonstrations.  However, the regulations do specify time frames for
submissions related to certain situations.  Facilities must submit
release notification reports within 30 days of detecting a release.  In
addition, the certification of major repairs (required under
§265.196(f)) must be submitted within 7 days of returning the repaired
tank system to use.    

Permitted facilities:

Since records of leak tests, inspections and statements on design and
installation are kept at the facility, discussion of a collection
schedule is not applicable.  The time frame for submission of
demonstrations provided under this section, including the
no-free-liquids demonstration and demonstrations for exemption from
24-hour waste removal requirements, are dependent upon the desire of
owners and operators to submit such demonstrations.  Release
notification reports must be submitted within 24 hours of detection, and
certification of major repairs must be submitted within 7 days after
returning the repaired tank system to use.

SURFACE IMPOUNDMENTS

Interim status facilities:

Notification of intent to receive waste must be submitted 60 days prior
to receiving waste.  Notification of an exceedance of the action leakage
rate must be submitted to EPA within seven days, and a preliminary
written assessment identifying the amount of liquids, likely sources,
etc., must be submitted within 14 days of the determination of
exceedance.  Within 30 days after the notification of ALR exceedance,
the analysis results must be submitted, along with the results of any
actions taken, and actions planned.  Since certification of alternate
design features and operating plans, information regarding waste
analyses and trial tests, and certifications for ignitable and reactive
wastes are kept at the unit, discussion of a collection schedule is not
applicable.

Permitted facilities:

Since certifications of structural integrity and liner repair are kept
at the facility, discussion of a collection schedule is not applicable. 
Notification of removal of a surface impoundment from service must be
submitted to the Regional Administrator within 7 days after detection of
a release.  Notification of an exceedance of the action leakage rate
must be submitted to EPA within seven days, and a preliminary written
assessment identifying the amount of liquids, likely sources, etc., must
be submitted within 14 days of the determination of exceedance.  Within
30 days after the notification of ALR exceedance, the analysis results
must be submitted, along with the results of any actions taken, and
actions planned.

WASTE PILES

Interim status facilities:

Notification of an exceedance of the action leakage rate must be
submitted to EPA within seven days, and a preliminary written assessment
identifying the amount of liquids, likely sources, etc., must be
submitted within 14 days of the determination of exceedance.  Within 30
days after the notification of ALR exceedance, the analysis results must
be submitted, along with the results of any actions taken, and actions
planned.  The time frame for submission of the demonstrations included
in this section is dependent upon the desire of the owner or operator to
submit such demonstrations.

Permitted facilities:

Notification of an exceedance of the action leakage rate must be
submitted to EPA within seven days, and a preliminary written assessment
identifying the amount of liquids, likely sources, etc., must be
submitted within 14 days of the determination of exceedance.  Within 30
days after the notification of ALR exceedance, the analysis results must
be submitted, along with the results of any actions taken, and actions
planned.  The time frame for submission of the demonstrations included
in this section is dependent upon the desire of the owner or operator to
submit such demonstrations.

LAND TREATMENT

Interim status facilities:

Notification to the Regional Administrator that food crops are being
grown, or have been grown and will be grown in the future, at a land
treatment unit must be submitted within 60 days after the effective date
of these regulations.  Since demonstration information under
§265.276(b)(1) and unsaturated-zone monitoring plans are kept at the
facility, discussion of a collection schedule is not applicable.

Permitted facilities:

Notification of statistically significant contaminant increases must be
submitted to the Regional Administrator within 7 days of determination. 
Notification of intent to make a demonstration under §264.278(h) must
be submitted to the Regional Administrator within 7 days of the above
determination, and the demonstration must be submitted within 90 days. 
Certification of closure must be submitted within 60 days of closure in
accordance with §265.115.  Demonstrations for exemption from
§264.280(a)(8) and (c) may be submitted at any time during the closure
or post-closure period, depending on the desire of the owner or operator
to submit such a demonstration.  

LANDFILLS

Interim status facilities:

Notification of intent to receive waste must be submitted to the
Regional Administrator at least 60 days prior to receiving the waste. 
Notification of an exceedance of the action leakage rate must be
submitted to EPA within seven days, and a preliminary written assessment
identifying the amount of liquids, likely sources, etc., must be
submitted within 14 days of the determination of exceedance.  Within 30
days after the notification of ALR exceedance, the analysis results must
be submitted, along with the results of any actions taken, and actions
planned.  The time frame for submission of the demonstrations included
in this section is dependent upon the desire of the owner or operator to
submit such demonstrations.

Permitted facilities:

Notification of an exceedance of the action leakage rate must be
submitted to EPA within seven days, and a preliminary written assessment
identifying the amount of liquids, likely sources, etc., must be
submitted within 14 days of the determination of exceedance.  Within 30
days after the notification of ALR exceedance, the analysis results must
be submitted, along with the results of any actions taken, and actions
planned.  The time frame for submission of the demonstrations included
in this section is dependent upon the desire of the owner or operator to
submit such demonstrations.

INCINERATORS

Interim status facilities:

Since records required for exemption from the Subpart O requirements are
kept at the facility, discussion of a collection schedule is not
applicable.  The time frame for submission of applications to burn
particular hazardous wastes is dependent upon the desire of the
owner/operators to engage in such activities.

Permitted facilities:

Since the time frame for submission of notifications of intent to burn
F-listed wastes is dependent upon the desire of the owner/operators to
engage in such activities, discussion of a collection schedule is not
applicable. 

THERMAL TREATMENT UNITS

Interim status facilities:

Owner/operators must submit documentation required under 40 CFR Part
265, Subpart P prior to burning EPA Hazardous Wastes F020, F021, F022,
F023, F026, or F027.  Unless a the Director approves a later date, trial
burn certification must be submitted within 90 days of completion.  Data
collected during the trial burn must be submitted following completion
of the trial burn.  

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS

Interim status facilities:

Since records required under Part 265, Subpart Q are kept at the
facility, discussion of a collection schedule is not applicable. 

DRIP PADS

Interim status facilities:

Notification of a condition detected that may have caused or has caused
a release of hazardous waste must be submitted to the EPA within 10
working days of the discovery.

Permitted facilities:

Notification of a condition detected that may have caused or has caused
a release of hazardous waste must be submitted to the EPA within 10
working days of the discovery.

MISCELLANEOUS UNITS	

Permitted facilities:

Since records required under Part 264, Subpart X are kept at the
facility, discussion of a collection schedule is not applicable. 

PROCESS VENTS

Permitted facilities:

Owner/operators submit semiannual reports to EPA on dates specified by
the Regional Administrator.  

EQUIPMENT LEAKS

Permitted facilities:

Owner/operators submit semiannual reports to EPA on dates specified by
the Regional Administrator.  

CONTAINMENT BUILDINGS

Interim status facilities:

Owner/operators must submit notification of any condition that has
caused a release within 7 days after the discovery of the condition.  A
description of the steps taken to repair the containment building, and a
schedule for accomplishing the work must be submitted to EPA within 14
days after discovery of the condition.

Permitted facilities:

Owner/operators must submit notification of any condition that has
caused a release within 7 days after the discovery of the condition.  A
description of the steps taken to repair the containment building, and a
schedule for accomplishing the work must be submitted to EPA within 14
days after discovery of the condition.

SPECIFIC HAZARDOUS WASTE RECOVERY/RECYCLING FACILITIES

Since records required under Part 266, Subpart F are kept at the
facility, discussion of a collection schedule is not applicable. 

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	EPA estimates respondent burden for both Private respondents (private
sector businesses and industries) and Governments respondents (includes
State, County, Municipal, District, and Tribal governments).  Table 1
presents the estimated number of RCRA facilities with each specific type
of existing interim status and permitted units that are expected to
comply annually with the information collection requirements covered in
this ICR.  Table 2 presents the estimated number of existing interim
status and permitted units for each specific type that are expected to
comply annually with the information collection requirements covered in
this ICR.

	EPA utilized current data for the Government Performance and Results
Act (GPRA) Subobjective 3.01.02 for safe waste management at hazardous
waste facilities.  EPA derived these data from the GPRA Permitting and
Renewals Baseline.  The data is entered by States and EPA into RCRAInfo;
RCRAInfo is EPA's comprehensive information system which provides access
to data supporting the implementation and management of the RCRA
hazardous waste program.  

6(a)	ESTIMATING RESPONDENT BURDEN

EPA estimates respondent burden for units associated with all of the
requirements covered in this ICR in Exhibits 1a through 12a for Private
respondents and Exhibits 1b through 12b for Governments Respondents. 
The exhibits (see Exhibits Appendix) address the following specific unit
requirements:

Exhibit 1	–	Containers

Exhibit 2 	-- 	Tank systems

Exhibit 3 	-- 	Surface impoundments

Exhibit 4 	-- 	Waste piles

Exhibit 5 	-- 	Land treatment

Exhibit 6 	-- 	Landfills

Exhibit 7 	-- 	Incinerators

Exhibit 8	-- 	Drip pads

Exhibit 9	-- 	Miscellaneous units

Exhibit 10 	-- 	Process vents

Exhibit 11 	-- 	Equipment leaks

Exhibit 12 	-- 	Containment buildings

In Exhibits 1 through 12, EPA estimates the number of hours required to
conduct each individual information collection activity.  As shown in
Exhibit 13a and b below (Subsection 6(e) – Bottom Line Burden Hours
and Costs), EPA estimates that the total annual respondent burden for
all activities covered in the ICR is 610,451 hours per year.

6(b)	ESTIMATING RESPONDENT COSTS

EPA estimates that the total annual respondent cost for all activities
covered in this ICR is $26,735,792 per year.  This cost includes annual
labor, capital, and operation and maintenance (O&M) costs to be incurred
by respondents affected by the information collection requirements
covered in this ICR.  A brief discussion follows. 

Labor Rates

EPA estimates an average hourly Private respondent labor cost (including
overhead) of $88.78 for legal staff, $71.23 for managerial staff, $35.83
for technical staff, and $19.47 for clerical staff.  These 2006 wage
rates and the burden hours presented in Exhibits 1a and b through 12a &
b are used to estimate the Private respondent costs associated with all
of the information collection activities covered in this ICR.

EPA estimates an average hourly Governments respondent labor cost
(including overhead) of $55.65 for legal staff, $52.24 for managerial
staff, $34.57 for technical staff, and $19.94 for clerical staff.  These
2006 wage rates and the burden hours presented in Exhibits 1a & b
through 12a and b are used to estimate the Governments respondent costs
associated with all of the information collection activities covered in
this ICR.

Based on year 2007 GS pay schedule for the Federal government, EPA
estimates an average hourly Regional labor cost of $75.03 for legal
staff, $66.19 for managerial staff, $47.62 for technical staff, and
$20.32 for clerical staff.  The labor costs were based on the following
GS levels and steps: legal labor rates were based on GS Level 15, Step
5, managerial labor rates were based on GS Level 15, Step 1, technical
labor rates were based on GS Level 13, Step 1, and clerical labor rates
were based on GS Level 6, Step 1.  To derive hourly estimates, EPA
multiplied hourly rates by the standard government overhead factor of
1.48.  These 2007 wage rates and the burden hours presented in Exhibit
14a are used to estimate the EPA costs associated with all of the
information collection activities covered in this ICR.

EPA estimates an average hourly State agency labor cost (including
overhead) of $55.65 for legal staff, $52.24 for managerial staff, $34.57
for technical staff, and $19.94 for clerical staff.  These 2006 wage
rates and the burden hours presented in Exhibit 14b are used to estimate
the State agency costs associated with all of the information collection
activities covered in this ICR.

Capital Costs

EPA assumes that all facilities with interim status and permitted units
already possess file storage systems, either for electronic or paper
filing.  Therefore, no capital costs will be incurred during the three
year period of this ICR.

Operation and Maintenance Costs

EPA also estimates that facilities will incur operation and maintenance
(O&M) costs.  O&M costs include postage for submittals of information or
notices.  EPA estimates that facilities will incur $3.00 in postage
costs for every submittal to EPA, based on the mailing cost of $3.00 for
a two-pound package.  O&M costs also include purchased material costs
and/or lump-sum purchased service costs (e.g., waste analyses,
inspection/certification by an independent registered professional
engineer).   From O&M costs in Exhibits 13a and b (see Subsection 6(e)),
EPA estimates that the total annual O&M cost for conducting respondent
activities covered in the ICR is $3,940,793.  The bottom line to the
respondents over three years is $11,822,379. 

6(c)	ESTIMATING AGENCY BURDEN AND COST

EPA estimated both EPA Regional labor costs and States labor costs.  See
Subsection 6(b) Labor Rates above.  EPA estimates the burden for both
EPA and State agencies for activities based on the total of the Private
and Governments respondent universes.

EPA assumes that EPA conducts 10 percent of the agency activities and
States conduct 90 percent of the agency activities.  EPA burden and
costs are presented in Exhibit 14a and States in Exhibit 14b (see
Exhibits Appendix).

6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST

Respondent Universe

	EPA estimates respondent burden for both Private respondents (private
sector businesses and industries) and Governments respondents (includes
State, County, Municipal, District, and Tribal governments).  

	Table 1 presents the estimated number of RCRA facilities with interim
status and permitted units for each specific unit type that are expected
to comply annually with the information collection requirements covered
in this ICR.  For example, if a facility has three tank units and two
incinerators, it counts as one for each specific unit type – one for
tanks and one for incinerators. This facility would have units subject
to three different specific unit type regulations (Subparts I, J, and
O).

	Table 2 presents the estimated number of interim status and permitted
units for each specific unit type that are expected to comply annually
with the information collection requirements covered in this ICR.  For
example, if a facility has a container unit, five tank units, and two
incinerator units, it counts as one for containers, five for tanks, and
two for incinerators.  

As shown in the Table 1, EPA estimates that annually a total of 3,326
facilities with specific unit types will be subject to the information
collection requirements covered in this ICR.  Of these, 99 units are
interim status units and 3,227 are permitted units.



Table 1

Number of Facilities with Interim Status and Permitted Units of Each
Specific Unit Type 

Subject to Information Collection Requirements Covered in this ICR

Specific Unit Type	Facilities with 

Interim Status Units	Total

Interim Status	Facilities with Permitted Units	Total

Permitted	Total

Facilities

	Private	Governments

Private	Governments



Subpart I - Containers	17	0	17	525	25	550	567

Subpart J - Tank Systems	16	3	19	481	144	625	644

Subpart K - Surface Impoundments	1	0	1	29	5	34	35

Subpart L - Waste Piles	0	0	0	8	0	8	8

Subpart M - Land Treatment	0	0	0	10	0	10	10

Subpart N - Landfills	1	0	1	47	0	47	48

Subpart O - Incinerators	2	0	2	63	0	63	65

Subpart X - Miscellaneous – [Covered in other ICRs; not accounted for
in this ICR]	[8]	[3]	[11]	[65]	[6]	[71]	[82]

Subpart W - Drip Pads	0	0	0	0	0	0	0

Subpart AA - Process Vents	16	3	19	481	144	625	644

Subpart BB - Equipment Leaks	35	3	38	1,051	169	1,220	1,258

Subpart DD - Containment Buildings	2	0	2	45	0	45	47

TOTALS	90	9	99	2,740	487	3,227	3,326



	As shown in the Table 2, EPA estimates that annually a total of 5,609
units will be subject to the information collection requirements covered
in this ICR.  Of these, 132 units are interim status units and 5,477 are
permitted units.



Table 2

Number of Interim Status and Permitted Units for Each Specific Unit Type

Subject to Information Collection Requirements Covered in this ICR

Specific Unit Type	Interim Status Units

	Total

Interim Status	Permitted Units

	Total

Permitted	Total

Units

	Private	Governments

Private	Governments



Subpart I - Containers	34	0	34	997	25	1,022	1,056

Subpart J – Tank Systems	29	3	32	1,342	144	1,486	1,518

Subpart K - Surface Impoundments	1	0	1	48	5	53	54

Subpart L - Waste Piles	0	0	0	11	0	11	11

Subpart M - Land Treatment	0	0	0	11	0	11	11

Subpart N - Landfills	2	0	2	64	0	64	66

Subpart O - Incinerators	2	0	2	83	0	83	85

Subpart X - Miscellaneous – [Covered in other ICRs; not accounted for
in this ICR]	[8]	[3]	[11]	[115]	[6]	[121]	[132]

Subpart W - Drip Pads	0	0	0	0	0	0	0

Subpart AA - Process Vents	18	3	21	742	80	822	843

Subpart BB - Equipment Leaks	35	3	38	1,752	127	1,879	1,917

Subpart DD - Containment Buildings	2	0	2	46	0	46	48

TOTALS	123	9	132	5,096	381	5,477	5,609



Respondent Burden and Costs

Based on the universe data presented in Table 2, EPA estimates Private
respondent and Governments respondent burden and costs associated with
all the requirements covered in this ICR in Exhibits 1a and b through
12a and b, respectively.  A discussion of the Private and Governments
burden estimates presented in these exhibits follows; the data in the
discussion is the sum of the respective Private respondent and
Governments respondent burdens.

CONTAINERS

Interim status facilities:

Based on RCRAInfo data, EPA estimates that 34 interim status container
units are subject to 40 CFR Part 265, Subpart I.

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

	(2)	Inspections

EPA estimates that all interim status units (34 units) will record all
inspection data, as required by §265.174.

Permitted facilities:

Based on RCRAInfo data, EPA estimates that, currently, 1,022 permitted
container units are subject to 40 CFR Part 264, Subpart I. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Inspections

EPA estimates that all permitted units (1,022 units) will record all
inspection data, as required by §264.174.

 TANK SYSTEMS

Interim status facilities:

Based on RCRAInfo data, EPA estimates that 32 interim status tank system
units are subject to 40 CFR Part 265, Subpart J. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	No-Free-Liquids Demonstration

Based on previous experience, EPA estimates that five percent of interim
status units (approximately two units) will perform the paint filter
liquids test an average of 40 times per year, for a total of 80
demonstrations.  In addition, EPA estimates O&M costs for supplies. 

(3)	Assessment of Existing Tank Systems’ Integrity

Since tanks without secondary containment have all been closed, no
interim status units will be required to prepare and maintain an
assessment of tank systems integrity.

O&M costs cover contractor costs associated with performing the leak
test and for obtaining a certification from an independent, qualified,
registered, professional engineer.

(4)	Design and Installation of New Tank Systems or Components

This ICR assumes that existing interim status units have already
prepared a new tank systems assessment and certification.  Therefore,
nobody will submit new tank system assessments and certifications.  All
interim status units (32 units) will maintain records of statements
written by those who certified design of the tank system and supervised
its installation.  

O&M costs for this activity include one-time fees associated with an
independent, qualified, registered, professional engineer attesting that
the system has sufficient structural integrity and is acceptable for
storing and treating of hazardous waste.

(5)	Containment and Detection Requirements

•	Equivalent Containment Device

This ICR assumes that existing interim status units have already
submitted information for approval of an equivalent containment device
under §265.193(d).  Therefore, nobody will submit information to obtain
an equivalent containment exemption.  

•	Exemption from 24-hour Leak Detection Requirement

This ICR assumes that existing interim status units with double-walled
tanks have already submitted information demonstrating that existing
leak detection technology or site conditions will not allow detection of
a release within 24 hours.  Therefore, nobody will submit this
information.

•	Variance from Secondary Containment Requirements

This ICR assumes that existing interim status units have already
submitted information for approval of a variance from secondary
containment requirements. Therefore, nobody will submit information to
obtain exemption from secondary containment requirements.

•	Annual Leak Test and Inspection

All interim status units subject to Subpart J that have not submitted a
no-free-liquids demonstration and do not meet secondary containment
requirements are required to conduct a leak test annually.  As indicated
previously, all interim status tank systems without secondary
containment devices have been closed.  Therefore, no interim status
units will conduct leak tests and inspections pursuant to §265.193(i).

(6)	Inspections

EPA estimates that all interim status units (32 units) will record all
inspection data, as required by §265.195.

(7)	Responses to leaks or spills, disposition of leaking or
unfit-for-use tank systems

•	Exemption From the 24-hour Waste Removal Requirement

Based on previous experience, EPA estimates that 25 percent of interim
status units subject to Subpart J (approximately 8 units) will detect
leakage each year.  EPA estimates that 33 percent of the 8 units
(approximately 3 units) will submit information to obtain exemption from
the 24-hour waste removal requirement.  

O&M costs for this activity include contractor fees associated with
preparing information to receive the exemption.

•	Release Notifications and Reports/Major Repair Certifications

As indicated previously, EPA estimates that, each year, 8 interim status
units subject to Subpart J will detect leaks or spills.  Therefore, 8
interim status units will have to prepare release notifications and
reports.  EPA further estimates that leaks or spills from 50 percent of
these units will be caused by major system damage.  Therefore,
approximately 4 interim status units will submit major repair
certifications.

O&M costs for this activity include one-time fees associated with the
services of a registered, professional engineer to prepare the
certification.



(8)	Closure and Post-Closure Care

•	Decontamination demonstration

EPA does not expect any interim status units subject to Subpart J to
close their tank systems during the period covered in this ICR. 
Therefore, zero units will have to demonstrate that all contaminate
soils can be practicably removed or decontaminated as required in
§265.197(a).

(9)	Waste Analysis and Trial Tests

Based on previous experience, EPA estimates that zero percent of interim
status tank system owner/operators will chemically treat hazardous waste
that is substantially different from waste previously treated in the
tank system.  Therefore, no interim status units will be required to
conduct waste analyses and trial tests and obtain written, documented
information to show that the treatment or storage will meet the
requirements of §265.194(a).

O&M costs for this activity include contractor fees associated with
conducting the waste analyses.

Permitted facilities:

Based on RCRAInfo data, EPA estimates that, currently, 1,486 permitted
tank system units are subject to 40 CFR Part 264, Subpart J. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	No Free Liquids Demonstration

Based on previous experience, EPA estimates that one percent of
permitted units (approximately  15 units) will make no free liquids
demonstrations an average of 40 times per year for a total of 

600 demonstrations.  In addition, EPA estimates O&M costs associated
with obtaining materials for the test. 

(3)	Assessment of Existing Tank Systems’ Integrity

Since tanks without secondary containment have all been closed, no
permitted units will be required to prepare or obtain and maintain
assessments of tank system integrity.

	

	(4)	Design and Installation of New Tank Systems or Components

As indicated previously, preparation of new tank system assessments and
certifications are covered in the “Part B Permit Application, Permit
Modification, and Special Permits ICR (EPA ICR Number 1573).  However,
activities associated with maintaining this documentation (photocopying,
filing, and updating) are covered in this ICR.  EPA estimates that all
permitted units (1,486 units) will maintain this information in the unit
operating record.  

(5)	Containment and Detection Requirements

•	Annual Leak Test and Inspection

All permitted units subject to Subpart J that have not submitted a
no-free-liquids demonstration and do not meet secondary containment
requirements are required to conduct a leak test annually.  As indicated
previously, all permitted tank systems without secondary containment
devices have been closed.  Therefore, no permitted status units will
conduct leak tests and inspections pursuant to 40 CFR 264.193(i).

(6)	Inspections

EPA estimates that all permitted units (1,486 units) will record all
inspection data, as required by §264.195.

(7)	Responses to Leaks, Spills, Disposition of Leaking or Unfit-For-Use
Tank Systems

•	Exemption From the 24-hour Waste Removal Requirement

Based on previous experience, EPA estimates that 25 percent of permitted
units subject to Subpart J (approximately 372 units) will detect leakage
each year.  EPA estimates that 33 percent of the 372 units
(approximately 123 units) will submit information to obtain exemption
from the 24-hour waste removal requirement. 

O&M costs for this activity include contractor fees associated with
preparing information to receive the exemption.

•	Release Notifications and Reports/Major Repair Certifications

As indicated previously, EPA estimates that each year 372 permitted
units subject to Subpart J will detect leaks or spills.  Therefore, 372
units will have to prepare release notifications and reports.  EPA
further estimates that leaks or spills from one percent of these units
(approximately four units) will be caused by major system damage. 
Therefore, four permitted units will be required to submit major repair
certifications. 

O&M costs for this activity include one-time fees associated with the
services of a registered, professional engineer to prepare the
certification.

(8)	Closure and Post-Closure Care

•	Decontamination demonstration

EPA does not expect any permitted units subject to Subpart J to close
their tank systems during the period covered in this ICR.  Therefore,
zero units will have to demonstrate that all contaminate soils can be
practicably removed or decontaminated as required in §264.197(a).

SURFACE IMPOUNDMENTS

Interim status units:

Based on RCRIS data, EPA estimates that 1 interim status surface
impoundment unit is subject to 40 CFR Part 265, Subpart K.

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	Design and Operating Requirements

EPA estimates that none of the existing interim status surface
impoundments will be replaced or laterally expanded during the period
covered by this ICR.  Therefore, no units will have to submit and
maintain a written assessment of alternate design and operating
practices, together with location characteristics, that will prevent the
migration of any hazardous constituents into the ground water or surface
water as effectively as the requirements.  Furthermore, no units will be
required to notify EPA or the authorized State prior to receiving waste.
 

EPA estimates that all interim status units that have submitted
exemptions from the requirements of §§ 265.221 and 265.222 (five
percent of the existing universe (no units)) will maintain (i.e., file
and photocopy) the written assessment and related data at the unit. 
Therefore, no units will have to maintain the certification and written
identification at the unit.

This ICR assumes that existing interim status units that have surface
impoundments with less than 60 centimeters of freeboard level have
already obtained written identification and certification of alternate
design features or operating plans that will prevent overtopping.  EPA
estimates that all interim status units that have obtained written
identification and certification of alternate design features or
operating plans that will prevent overtopping (five percent of the
existing universe (no units)) will maintain (i.e., file and photocopy)
the written assessment and related data at the unit.

O&M costs for this activity include contractor fees associated with
services of a registered engineer in preparing the certification.

(3)	Developing and Submitting Action Leakage Rates

EPA estimates that, zero units will submit action leakage rate (ALR)
proposals to EPA in accordance with §265.222(a).  The existing interim
status unit (1 unit) will maintain the results of the action leakage
rate analysis at the facility.

(4)	Calculating Average Daily Flow Rates

EPA estimates that, zero units will calculate average daily flow rates
as specified under §265.222(c).



(5)	Response Action Plan and Recordkeeping of Response Actions

EPA estimates that, zero units will complete and submit a Response
Action Plan (RAP) to EPA.  Additionally, one interim status unit will
maintain records of the analyses conducted for the RAP, in accordance
with §265.223(a).

(6)	Action Leakage Reporting

EPA estimates that one percent of all interim status units (zero units)
will have to comply with action leakage reporting requirements, as
required under §265.223(b).

(7)	Remediation Determination Analyses

EPA estimates that one percent of all interim status units (zero units)
will conduct remediation determination analyses in response to flow
rates at the unit exceeding the action leakage rate, as specified under
§265.223(c).

(8)	Waste Analysis and Trial Tests

Based on previous experience, EPA estimates that one percent of interim
status surface impoundment owner/operators will chemically treat
hazardous waste that is substantially different from waste previously
treated in the impoundment, or chemically treat hazardous waste with a
substantially different process than any previously used in the
impoundment.  Therefore, approximately zero interim status units will be
required to conduct waste analyses or obtain written, documented
information to show that the treatment will comply with §265.17(b).

(9)	Monitoring and Inspections

EPA estimates that the interim status unit (approximately 1 unit) will
record the monitoring and inspection activities as required by
§265.226(b)(1).

(10)	Developing and Submitting Pump Operating Levels

EPA estimates that, zero units will develop and submit pump operating
level proposals.  In addition, EPA estimates that one interim status
unit will maintain the results of the associated analyses at the unit
(§265.226(b)(3)).

(11)	Requirements for Ignitable or Reactive Wastes

Based on previous experience, EPA estimates that no interim status
surface impoundment owner/operators will place ignitable or reactive
wastes in their surface impoundments.  Therefore, no units will be
required to obtain certification under §265.229(b) that design features
and unit operating plans will prevent ignition or reaction.

(12)	Closure

EPA does not expect any interim status surface impoundments to submit
this information. Permitted units:

Based on RCRAInfo data, EPA estimates that, currently, 53 permitted
surface impoundment units are subject to 40 CFR Part 264, Subpart K. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Calculating Average Daily Flow Rates

EPA estimates that all permitted units will have already calculated
average daily flow rates as specified under §264.222(c).  Thus, no
units will calculate the average leakage flow rates.

(3)	Action Leakage Reporting

EPA estimates that one percent of all permitted units (approximately one
unit) will undertake action leakage reporting procedures and submit
action leakage reports in response to an exceedance of action leakage
levels, as required under §264.223(b).

O&M costs for this activity include one-time contractor fees associated
with determining the location, size and cause of any leak.

(4)	Remediation Determination Analyses

EPA estimates that one percent of all permitted units (approximately one
unit) will conduct remediation determination analyses in response to
flow rates at the unit exceeding the action leakage rate, as specified
under §264.223(c).

O&M costs for this activity include one-time contractor fees associated
with conducting the remediation determination analysis.

(5)	Dike Re-certification

EPA estimates that 10 percent of the existing permitted surface
impoundment respondent universe will have surface impoundments that are
out of use for six months or more.  Therefore, approximately 5 units
will be required to obtain certification that the impoundments dike,
including any portion of the dike that provides freeboard, has
structural integrity according to the standards detailed in
§264.226(c)(1) and (2).   

O&M costs for this activity include one-time fees associated with
obtaining a certification from a qualified engineer that the
impoundments’ dike has structural integrity.

(6)	Monitoring and Inspections

EPA estimates that all permitted units (53 units) will record the
monitoring and inspection activities as required by §264.226(d)(1).

(7)	Emergency Repairs and Contingency Plans

EPA estimates that one percent of permitted units (approximately one
unit) will be required to remove a surface impoundment from service due
to sudden drops in liquid levels or a leaking dike.  Therefore, one unit
will be required to submit a written notification to the Regional
Administrator of the removal.  EPA estimates that all surface
impoundments removed from service will be repaired.  Therefore, one unit
will be required to obtain certification that the repaired liner system
meets design specifications approved in the permit.

O&M costs for this activity include one-time fees associated with
obtaining a certification from a qualified engineer that the repaired
liner system meets design specifications.

(8)	Closure

EPA estimates that all permitted units will have already prepared and
submitted the plans, reports, and requests for closure activities, as
specified in §264.113(e).  Therefore, no units are expected to be
burdened by closure requirements.  

WASTE PILES

Interim status units:

Based on RCRIS data, EPA estimates that zero interim status waste pile
units are subject to 40 CFR Part 265, Subpart L.

Permitted units:

Based on RCRIS data, EPA estimates that, currently, 11 permitted waste
pile units are subject to 40 CFR Part 264, Subpart L. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Calculating Average Daily Flow Rates

EPA estimates that all newly permitted units from interim status have
already calculated their average leakage flow rates while operating
under interim status. 

(3)	Action Leakage Reporting

EPA estimates that one percent of all permitted units (zero units) will
undertake action leakage reporting procedures and submit action leakage
reports in response to an exceedance of action leakage levels, as
required under §264.253(b).

(4)	Remediation Determination Analyses

EPA estimates that one percent of all permitted units (zero units) will
conduct remediation determination analyses in response to flow rates at
the unit exceeding the action leakage rate, as specified under
§264.253(c).

(5)	Monitoring and Inspections

EPA estimates that all permitted units (11 units) will record the
monitoring and inspection activities as required by §264.254(c).

LAND TREATMENT

Interim status units:

Based on EPA’s Program Office data, there are no interim status land
treatment units subject to 40 CFR Part 265, Subpart M.

Permitted units:

Based on EPA’s Program Office data, currently, there are 11 permitted
land treatment units subject to 40 CFR Part 264, Subpart M.

(1)	Read the Regulations

EPA assumes that the owner or operator of the facilities with the
existing permitted units have already read the regulations.  Thus, EPA
estimates that there is no burden associated with this activity.

(2)	Food Chain Crops

This ICR assumes that the facilities with the existing permitted units
have already notified the Regional Administrator that it is or has been
growing crops on its unit. 

Based on previous experience, EPA estimates that 25 percent of the
existing permitted universe is growing or has grown food-chain crops on
their unit.  Therefore, zero units will be required to maintain (i.e.,
file and photocopy) records of information collected for the food-chain
crop demonstration at their unit.

(3)	Unsaturated-zone Monitoring

This ICR assumes that the facilities with the existing permitted units
have already established an unsaturated-zone monitoring program. 
Therefore, no permitted units will be required to develop an
unsaturated-zone monitoring plan during the period covered in this ICR. 


Based on previous experience, EPA estimates that 25 percent of the
permitted land treatment universe (approximately zero units) are subject
to the unsaturated-zone monitoring requirements of 40 CFR 264.278. 
However, EPA estimates that zero units will be required to submit a
permit modification request. 

(4)	Closure and Post-closure

EPA does not expect the existing permitted land treatment units to close
during the period covered by this ICR.  Therefore, no permitted unit
will be required to submit a certification of closure.  EPA further
estimates that no unit will submit a demonstration under §264.280(d).

LANDFILLS

Interim status units:

Based on RCRIS data, EPA estimates that two interim status landfill unit
is subject to 40 CFR Part 265, Subpart N. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	Design Requirements

EPA estimates that none of the existing interim status landfills will be
replaced or laterally expanded during the period covered by this ICR. 
Therefore, zero units will submit an application for an exemption from
the liner and leachate collection system requirement or a notification
prior to receiving waste. 

(3)	Developing and Submitting Action Leakage Rates

EPA estimates that zero units will submit action leakage rate (ALR)
proposals to EPA in accordance with §265.302(a). EPA estimates that two
landfill units is subject to Subpart N will maintain results of their
ALR analysis.

O&M costs for this activity include one-time fees contractor associated
with preparing the action leak rates.

(4)	Calculating Average Daily Flow Rates

EPA estimates that zero units will calculate average daily flow rates as
specified under §265.302(c).

(5)	Response Action Plan and Recordkeeping of Response Actions

EPA estimates that zero units will complete and submit a Response Action
Plan (RAP) to EPA.  EPA estimates that two

 landfill unit is subject to Subpart N will maintain records of the
analyses conducted for the RAP, in accordance with §265.303(a).

O&M costs for this activity include one-time contractor fees associated
with completing the RAP.

(6)	Action Leakage Reporting

EPA estimates that one percent of all interim status units
(approximately zero units) will have to comply with action leakage
reporting requirements, as required under §265.303(b).



(7)	Remediation Determination Analyses

EPA estimates that one percent of all interim status units
(approximately zero units) will conduct remediation determination
analyses in response to flow rates at the unit exceeding the action
leakage rate, as specified under §265.303(c).

(8)	Monitoring and Inspections

EPA estimates that the interim status unit (two units) will record the
monitoring and inspection activities as required by §265.304(b).

(9)	Developing and Submitting Pump Operating Levels

EPA estimates that zero units will develop and submit pump operating
level proposals and maintain the results of the associated analyses at
the unit (§265.304(b)).  EPA estimates that one unit is subject to
Subpart N will maintain the results of their pump operating level
analysis.

(10)	Special Requirements for bulk and containerized liquids

Based on previous experience, EPA estimates that 50 percent of interim
status units (approximately one unit) will record and file the results
of observations of the absence or presence of free liquids in bulk or
containerized waste.  EPA further estimates that 0.5 percent of these
units (approximately zero units) will submit a demonstration for placing
non-hazardous liquid waste in a landfill.  

Permitted units:

Based on RCRAInfo data, EPA estimates that, currently, 64 permitted
landfill units are subject to 40 CFR Part 264, Subpart N. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Calculating Average Daily Flow Rates

EPA estimates that no units will calculate average daily flow rates, as
specified under §264.302(c).

(3)	Monitoring and Inspections

EPA estimates that all permitted units (64 units) will record the
monitoring and inspection activities as required by §264.304(b).



(4)	Action Leakage Reporting

EPA estimates that one percent of all permitted units (one unit) will
undertake action leakage reporting procedures, and submit action leakage
reports in response to an exceedance of action leakage levels, as
required under §264.303(b).

O&M costs for this activity include one-time contractor fees associated
with determining the location, size, and cause of any leak.

(5)	Remediation Determination Analyses

EPA estimates that the unit above will conduct remediation determination
analyses in response to flow rates at the unit exceeding the action
leakage rate, as specified under §264.303(c).

O&M costs for this activity include one-time contractor fees associated
with making remediation determinations to assess the source of liquids
and the seriousness of any leaks.

(6)	Special Requirements for bulk and containerized liquids

Based on previous experience, EPA estimates that 50 percent of permitted
units (32 units) will record and file the results of observations of the
absence or presence of free liquids in bulk or containerized waste.  EPA
further estimates that 0.5 percent of these units (approximately zero
units) will submit demonstrations for placing non-hazardous liquid waste
in landfills.  

INCINERATORS

Interim status units:

Based on RCRAInfo data, EPA estimates that two interim status
incinerator units are subject to 40 CFR Part 265, Subpart O.

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	Applicability

EPA estimates that zero units will submit a demonstration for exemption
from the requirements of Subpart O.  

(3)	Waste Analysis

Based on previous experience, EPA estimates that one percent of interim
status incinerator owner/operators will treat hazardous waste that is
substantially different from waste previously treated in the
incinerator.  Therefore, approximately zero interim status units will be
required to conduct waste analyses.

(4)	Monitoring and Inspections

EPA estimates that all interim status units (two units) will record the
monitoring and inspection activities as required by §265.347(b).

(5)	Special Requirements for Hazardous Wastes F020, F021, F022, F023,
F026, and F027 

EPA estimates that no interim status incinerators will be allowed to
burn F020, F021, F022, F023, F026, or F027.  Thus, no facilities will
complete and submit the application.

Permitted units:

Based on RCRAInfo data, EPA estimates that, currently, 83 permitted
incinerator units are subject to 40 CFR Part 264, Subpart O.

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Notification of Intent to Burn Hazardous Wastes F020, F021, F022,
F023, F026, and F027

This ICR assumes that existing permitted units burning hazardous wastes
F020, F021, F022, F023, F026, and F027 have already notified the
Regional Administrator.  EPA further estimates that no permitted
incinerators are currently burning F020, F021, F022, F023, F026, and
F027 wastes.  Therefore, zero unit will be required to submit a
notification of intent to burn hazardous wastes F020, F021, F022, F023,
F026, and F027.

(3)	Monitoring and Recordkeeping

Based on previous experience, EPA estimates that 0.5 percent of the
permitted units subject to Subpart O (one unit) will submit a
demonstration for an exemption from the requirements to test the
emergency waste feed cutoff system and associate alarms on a weekly
basis.  All permitted units with incinerators (83 units) must record
monitoring and inspection data in the operating log required by
§264.73.

THERMAL TREATMENT UNITS (see Miscellaneous Units)

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS (see Miscellaneous
Units)	

DRIP PADS

Based on Industry data, EPA estimates that zero drip pad units are
subject to 40 CFR Part 265, Subpart W.  

(1)	Read the Regulations

EPA assumes that owners and operators of existing units have already
read the regulations.  Thus, EPA estimates that there is no burden
associated with this activity.

(2)	Contingency Plan

Because EPA estimates that zero units will maintain a contingency plan
for discharge of drippage, including documentation of drippage, as
specified under §265.440(c)(1).

(3)	Assessment of Existing Drip Pad Integrity

EPA estimates that the zero existing units subject to Subpart W will
review and recertify the drip pad maintain records of the assessment,
according to §265.441(a).

O&M costs for this activity include one-time contractor fees associated
with preparing a written assessment of the drip pad by a registered
engineer, and for fees for reviewing, updating, and re-certification.

(4)	Plan for Upgrading, Repairing, and Modifying the Drip Pad

Because EPA estimates that no units will enter the universe,  zero units
will develop and submit a plan for upgrading, repairing, and modifying a
drip pad and all as-built drawings of a drip pad (§265.441(b)-(c)).

(5)	Design and Operating Requirements

Because EPA estimates that no units will enter the interim status
universe, zero units will obtain a written assessment of a new drip pad.
 However, EPA estimates that that zero units are subject to Subpart W
and none will obtain an evaluation and certification of the drip pad
annually, document the date and time of cleaning, and maintain records
of wood treated on the pad, in accordance with §265.443(a)(-(k).

O&M costs for this activity include one-time fees contractor associated
with a written certified assessment of a new drip pad by a registered
engineer, as well as an annual evaluation and certification.

(6)	Emergency Response

EPA estimates that no units will be required to follow emergency
response procedures due to a release of hazardous waste, as specified
under §265.443(m).



(7)	Facility operating record

EPA estimates that the existing zero units subject to Subpart W will
maintain documentation of past operating and waste handling practices in
accordance with §265.443(n).

(8)	Inspections

EPA estimates that the existing zero units subject to Subpart W will
inspect and certify liners on a weekly basis as required under
§265.444.

O&M costs for this activity include one-time contractor fees associated
with certifying liners.

MISCELLANEOUS UNITS

Based on RCRAInfo data, EPA estimates that, currently, 121 permitted
units are subject to 40 CFR Part 264, Subpart X. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 



PROCESS VENTS

Interim status units:

EPA estimates that 21 interim status units with process vents are
subject to 40 CFR Part 265, Subpart AA.

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	Control Device Operation Documentation

This ICR assumes that existing interim status units with process vents
that have implemented control devices different from those specified in
§265.1033(f), (g), and (h) have already prepared documentation
describing the operation of control devices and identifying process
parameters that indicate proper operation and maintenance of those
control devices.  Thus, zero units will implement control devices
different from those specified in §265.1033(f), (g), and (h) and zero
units will be required to prepare this documentation.  EPA estimates
that all interim status units (21 units) will reassess control device
operation documentation annually, and 30 percent (approximately six
units) will modify it annually.  Finally, EPA believes that all 21 units
will maintain documentation at their facility.

(3)	Waste Determination

Based on previous experience, EPA estimates that 10 percent of interim
status units with process vents (approximately two units) will use
knowledge of the waste to determine that its total organic concentration
is less than 10 ppmw.  EPA further estimates that owner/operators will
make knowledge-based waste determinations approximately 200 times per
year.  Therefore, two  interim status units will be required to prepare
documentation of waste determinations 200 times per year, for a total of
 400 activities.											

O&M costs for this activity include one-time contractor fees associated
with lab fees.



(4)	Facility operating record

All interim status units subject to Subpart AA are required to maintain
a unit operating record.  However, the contents of the record will vary
according to unit-specific circumstances.  A discussion of the
respondent burden for each data item is presented below:

•	Implementation schedule

This ICR assumes that existing interim status units with process vents
that are complying with the provisions of §265.1033(a)(2) have already
prepared an implementation schedule.  Therefore, zero units will be
required to prepare an implementation schedule.  

EPA estimates that all interim status units (21 units) will reassess
their implementation schedule, and 30 percent (approximately 6 units)
will modify it annually. 

•	Up-to-date documentation of compliance with §265.1032

This ICR assumes that existing interim status units with process vents
have already prepared documentation of compliance with §265.1032. 
Therefore, zero units will be required to prepare §265.1032 compliance
documentation.

EPA estimates that all interim status units (21 units) will reassess,
file, and maintain their §265.1032 compliance documentation, and 30
percent (approximately 6 units) will modify it annually. 

•	Performance Test Plan

This ICR assumes that existing interim status units with process vents
that are using test data to determine the organic removal efficiency or
total organic compound concentration achieved by the control device have
already prepared a performance test plan. Therefore, EPA estimates that
no units will be required to prepare a performance test plan.

EPA estimates that all interim status units (21 units) will reassess,
file, and maintain their performance test plan, and 30 percent
(approximately 6 units) will modify it annually. 

•	Documentation of compliance with §265.1033

This ICR assumes that existing interim status and permitted units with
process vents have already prepared documentation of compliance with
§265.1033.  Therefore, zero units will be required to prepare
§265.1033 compliance documentation.  

EPA estimates that all interim status units (21 units) will reassess,
file, and maintain §265.1033 compliance documentation, and that 30
percent (approximately 6 units) will modify it annually. 



•	Design, monitoring, operation, and inspection information

This ICR assumes that existing interim status with process vents have
already prepared design, monitoring, and inspection information for each
closed-vent system and control device.  Therefore, zero units will be
required to prepare design, monitoring, operation, and inspection
information.

EPA estimates that all interim status units (21 units) will reassess,
file, and maintain control device operation documentation, and 30
percent (approximately 6 units) will modify it annually. 

•	Determination of Applicability of §265.1032

This ICR assumes that existing interim status units have already
documented information determining applicability of §265.1032 to their
unit process vents.  Therefore, zero units will be required to document
information determining applicability of §265.1032 to their unit
process vents. 

EPA estimates that all 21 interim status units will reassess, file, and
maintain this documentation, and 30 percent (approximately 6 units) will
modify it annually.   

Permitted units:

EPA estimates that, currently, 822 permitted units are subject to 40 CFR
Part 264, Subpart AA.  

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Control Device Operation Documentation

This ICR assumes that existing permitted units with process vents that
have implemented control devices different from those specified in
§264.1033(f), (g), and (h) have already prepared documentation
describing the operation of control devices and identifying process
parameters that indicate proper operation and maintenance of those
control devices. 

EPA estimates that all permitted units (822 units) will reassess, file,
and maintain control device operation documentation, and that 10 percent
(approximately 82 units) will modify it annually. 

(3)	Waste Determination

Based on previous experience, EPA estimates that 10 percent of permitted
units with process vents (approximately 82 units) will use knowledge of
the waste to determine that its total organic concentration is less than
10 ppmw.  EPA further estimates that knowledge-based waste
determinations will be made approximately 200 times per year. 
Therefore, 82 permitted units will be required to prepare documentation
of waste determinations 16,400 times per year.

O&M costs for this activity include one-time contractor fees associated
with lab fees.

(4)	Facility operating record

All permitted units subject to Subpart AA are required to maintain a
unit operating record.  However, the contents of the record will vary
according to unit-specific circumstances.  A discussion of the
respondent burden for each data item is presented below:

•	Implementation schedule

This ICR assumes that existing permitted units with process vents that
are complying with the provisions of §264.1033(a)(2) have already
prepared an implementation schedule.  EPA estimates that all permitted
units (822 units) will reassess, file, and maintain their implementation
schedule, and 10 percent (approximately 82 units) will modify it
annually. 

•	Up-to-date documentation of compliance with §264.1032

This ICR assumes that existing permitted units with process vents have
already prepared documentation of compliance with §264.1032.

EPA estimates that all permitted units (822 units) will reassess, file,
and maintain §264.1032 compliance documentation, and 10 percent
(approximately 82 units) will modify it annually. 

•	Performance Test Plan

This ICR assumes that existing permitted units with process vents that
are using test data to determine the organic removal efficiency or total
organic compound concentration achieved by the control device have
already prepared a performance test plan. 

EPA estimates that all permitted units (822 units) will reassess, file,
and maintain their performance test plan, and 10 percent (approximately
82 units) will modify it annually. 

•	Documentation of compliance with §264.1033

This ICR assumes that existing permitted units with process vents have
already prepared documentation of compliance with §264.1033. 

EPA estimates that all permitted units (822 units) will reassess, file,
and maintain §264.1033 compliance documentation, and 10 percent
(approximately 82 units) will modify it annually. 

•	Design, monitoring, operation, and inspection information

This ICR assumes that existing permitted units with process vents have
already prepared design, monitoring, and inspection information for each
closed-vent system and control device.

EPA estimates that all permitted units (822 units) will reassess, file,
and maintain control device operation documentation, and that 10 percent
(approximately 82 units) will modify it annually. 



•	Determination of Applicability of §264.1032

This ICR assumes that existing permitted units have already documented
information determining applicability of §264.1032 to their unit
process vents.

EPA estimates that all permitted units (822 units) will reassess, file,
and maintain this documentation, and that 10 percent (approximately 82
units) will modify it annually.   

(5)	Semiannual Report of Control Device Monitoring Events

Based on previous experience, EPA estimates that 60 percent of permitted
units with process vents will have control devices that exceed or
operate outside design specifications or have flares that operate with
visible emissions.  Therefore, approximately 493 units will be required
to submit a semiannual report.  

EQUIPMENT LEAKS

Interim status units:

EPA estimates that 38 interim status units are subject to 40 CFR Part
265, Subpart BB. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	Notification to implement the alternate valve standard specified in
§265.1061(a)

Based on previous experience, EPA estimates that, each year, 20 percent
of interim status units subject to Subpart BB will decide to implement
the alternative standard specified in §265.1061(a).  Therefore,
approximately 8 units will be required to prepare notification to
implement the alternate valve standard specified in §265.1061(a).

(3)	Notification to discontinue implementing the alternative valve
standard specified in §265.1061(a)

Based on previous experience, EPA estimates that no interim status units
subject to Subpart BB have implemented the alternative standard for
valves specified in §265.1061(a) and one percent of these units will
discontinue using the alternative standard each year.  Therefore,
approximately zero units will be required to prepare notification to
discontinue implementing the alternate valve standard specified in
§265.1061(a).

(4)	Notification to implement the alternative valve standard specified
in §265.1062(b)(2), or (b)(3). 

Based on previous experience, EPA estimates that, each year, five
percent of interim status units subject to Subpart BB will decide to
implement the alternative standard specified in §265.1062(b)(2) or

(b)(3).  Therefore, approximately two units will be required to prepare
notification to implement the alternate valve standard specified in
§§ 265.1062(b)(2) or (b)(3).

(5)	Non-Hazardous Waste Documentation

Based on previous experience, EPA estimates that ten percent of existing
interim status units with equipment subject to Subpart BB (approximately
4 units) will use knowledge to determine that each piece of equipment
does or does not contain hazardous waste with organic concentration that
equals or exceeds ten percent waste.  EPA estimates that units will make
these determinations four times per year.  Therefore, 4 units will be
required to prepare non-hazardous waste documentation four times per
year.

O&M costs for this activity include one-time contractor fees associated
with analyzing the waste.



(6)	Facility operating record

All interim status units subject to Subpart BB are required to maintain
a unit operating record.  The contents of the operating record will vary
according to unit-specific circumstances.  A discussion of the
respondent burden for each data item is presented below:

•	Equipment Record

This ICR assumes that existing interim status units with equipment
subject to Subpart BB have already prepared an equipment record. 
Therefore, zero units will be required to prepare an equipment record.

EPA estimates that all interim status units (38 units) will reassess,
file, and maintain their equipment record, and 30 percent (approximately
11 units) will modify it annually.

•	Implementation Schedule

This ICR assumes that existing interim status units with equipment
subject to Subpart BB have already prepared an implementation schedule. 
Therefore, zero units will be required to prepare an implementation
schedule.  

EPA estimates that all interim status units (38 units) will reassess,
file, and maintain their implementation schedule, and 30 percent
(approximately 11 units) will modify it annually.

•	Performance Test Plan

This ICR assumes that existing interim status units using test data to
demonstrate the organic removal efficiency or total organic compound
concentration achieved by the control device have already prepared a
performance test plan.  Therefore, approximately zero units will be
required to prepare a performance test plan.  

EPA estimates that all interim status units using test data to
demonstrate the organic removal efficiency or total organic compound
concentration achieved by the control device (approximately 4 units)
will reassess, file, and maintain their performance test plan, and 30
percent (approximately 1 unit) will modify it annually.

•	Documentation of Compliance with §265.1060

This ICR assumes that existing interim status units subject to Subpart
BB have already prepared a documentation of compliance.  Therefore, EPA
estimates that zero units will be required to prepare §265.1060
compliance documentation.  

EPA estimates that all interim status units (38 units) will reassess,
file, and maintain their §265.1060 compliance documentation, and 30
percent (approximately 11 units) will modify it annually.



•	Leak Inspection Log

EPA estimates that all 38 interim status units will be required to
prepare and maintain a leak inspection log.  All interim status units
will be required to reassess and modify their leak inspection log.  

•	Design, Monitoring, Operation, and Inspection Information

This ICR assumes that existing interim status units with equipment
subject to Subpart BB have already prepared design, monitoring, and
inspection information for each closed-vent system and control device. 
Therefore zero units will be required to prepare design, monitoring,
operation, and inspection information.

EPA estimates that all interim status units with closed-vent systems and
control devices (approximately 38 units) will reassess, file, and
maintain control device operation documentation, and 30 percent
(approximately 11 units) will modify it annually. 

Monitoring and Inspection Information for Other Control Devices

Based on previous experience, EPA estimates that one percent of existing
interim status units with equipment subject to Subpart BB (approximately
one unit) has a control device other than a thermal vapor incinerator,
catalytic vapor incinerator, flare, boiler, process heater, condenser,
or carbon adsorption system.  In addition, EPA assumes that existing
interim status units with other types of control devices have already
prepared monitoring and inspection information for each control device. 
Therefore zero units will be required to prepare monitoring and
inspection information for other types of control devices.

EPA estimates that all interim status units with other types of control
devices (approximately one unit) will reassess, file, and maintain
control device operation documentation, and 30 percent (approximately
zero units) will modify it annually. 

•	Equipment Log

This ICR assumes that existing interim status units subject to Subpart
BB have already prepared an equipment log.  Therefore, zero units will
be required to prepare an equipment log.

EPA estimates that all interim status units (38 units) will reassess,
file, and maintain their equipment log annually, and 30 percent
(approximately 11 units) will modify it annually. 

•	Valve Log for Valves Subject to §265.1057(g) and (h)

This ICR assumes that existing interim status units with valves subject
to §265.1057(g) and (h) have already prepared a valve log.  Therefore
zero units will be required to prepare a valve log.

EPA estimates that all interim status units with valves subject to
§265.1057(g) and (h) (25 percent or approximately 10 units) will
reassess, file, and maintain their valve log annually, and 30 percent
(approximately 3 units) will modify it annually. 



•	Valve Log for Valves Subject to §265.1062

This ICR assumes that existing interim status units with valves subject
to §265.1062 have already prepared a valve log.  Therefore, zero units
will be required to prepare a valve log.

	EPA estimates that all interim status units with valves subject to
§265.1062 (approximately five percent or 2 units) will reassess, file,
and maintain their valve log, and 30 percent (approximately 1 units)
will modify it annually. 

•	Criteria Log

This ICR assumes that existing interim status units subject to Subpart
BB have already prepared a criteria log documenting information required
in §§ 265.1052(d)(5)(ii) and 265.1053(e)(2) for pumps in light liquid
service and compressors.  Therefore, zero units will be required to
prepare a criteria log.

EPA estimates that all interim status units with equipment subject to
§§ 265.1052(d)(5)(ii) and 265.1053(e)(2) (38 units) will reassess,
file, and maintain their criteria log and 30 percent (approximately 11
units) will modify it annually. 

•	Exemption Log

This ICR assumes that existing interim status units potentially subject
to Subpart BB have already documented information determining
applicability of Subpart BB to their unit’s equipment.  Therefore,
zero units will be required to prepare this documentation.  EPA
estimates that all interim status units (38 units) will reassess, file,
and maintain this documentation, and 30 percent (approximately 11 units)
will modify it annually.

Permitted units:

EPA estimates that, currently, 1,879 permitted units are subject to 40
CFR Part 264, Subpart BB.  

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations.

(2)	Notification to implement the alternate valve standard specified in
§264.1061(a)

Based on previous experience, EPA estimates that, each year, 20 percent
of permitted units subject to Subpart BB will decide to implement the
alternative standard specified in §264.1061(a). 

Therefore, 376 units will be required to prepare notification to
implement the alternate valve standard specified in §264.1061(a).



(3)	Notification to discontinue implementing the alternative valve
standard specified in §264.1061(a)

Based on previous experience, EPA estimates that 376 permitted units
subject to Subpart BB have implemented the alternative standard for
valves specified in §264.1061(a) and one percent of these units will
discontinue using the alternative standard each year.  Therefore, four
units will be required to prepare notification to discontinue
implementing the alternate valve standard specified in §264.1061(a).

(4)	Notification to implement the alternative valve standard specified
in §264.1062(b)(2), or (b)(3)

Based on previous experience, EPA estimates that, each year, five
percent of permitted units subject to Subpart BB will decide to
implement the alternative standard specified in §264.1062(b)(2) or
(b)(3).  Therefore, 94 units will be required to prepare notification to
implement the alternate valve standard specified in §264.1062(b)(2) or
(b)(3).

(5)	Non-Hazardous Waste Documentation

Based on previous experience, EPA estimates that ten percent of existing
permitted units (188 units) with equipment leaks subject to Subpart BB
will use knowledge to determine that each piece of equipment does or
does not contain hazardous waste with organic concentration that equals
or exceeds ten percent waste.  EPA estimates that units will make these
determinations four times per year.  Therefore, 188 units will be
required to prepare non-hazardous waste documentation four times per
year.

O&M costs for this activity include one-time contractor fees associated
with analyzing waste.

(6)	Facility operating record

All permitted units subject to Subpart BB are required to maintain a
unit operating record.  The contents of the operating record will vary
according to unit-specific circumstances.  A discussion of the
respondent burden for each data item is presented below:

•	Equipment Record

This ICR assumes that existing permitted units with equipment subject to
Subpart BB have already prepared an equipment record. 

EPA estimates that all permitted units (1,879 units) will reassess,
file, and maintain their equipment record, and 10 percent (approximately
188 units) will modify it annually.

•	Implementation Schedule

This ICR assumes that existing permitted units with equipment subject to
Subpart BB have already prepared an implementation schedule.

EPA estimates that all permitted units (1,879 units) will reassess,
file, and maintain their implementation schedule, and 10 percent
(approximately 188 units) will modify it annually.

 •	Performance Test Plan

This ICR assumes that existing permitted units using test data to
demonstrate the organic removal efficiency or total organic compound
concentration achieved by the control device have already prepared a
performance test plan.

EPA estimates that all permitted units using test data to demonstrate
the organic removal efficiency or total organic compound concentration
achieved by the control device (approximately 376 units) will reassess,
file, and maintain their performance test plan, and 10 percent
(approximately 38 units) will modify it annually.

•	Documentation of Compliance with §264.1060

This ICR assumes that existing permitted units subject to Subpart BB
have already prepared a documentation of compliance. 

EPA estimates that all permitted units (1,879 units) will reassess,
file, and maintain their §264.1060 compliance documentation, and 10
percent (approximately 188 units) will modify it annually.

•	Leak Inspection Log

EPA estimates that all permitted units subject to Subpart BB (1,879
units) will have equipment leaks during the period covered by this ICR. 
Therefore, all 1,879 permitted units will be required to prepare and
maintain a leak inspection log.  All permitted units will be required to
reassess and modify their inspection log.

•	Design, monitoring, operation, and inspection information

This ICR assumes that existing permitted units with equipment subject to
Subpart BB have already prepared design, monitoring, and inspection
information for each closed-vent system and control device.

EPA estimates that all permitted units with closed-vent systems and
control devices (approximately 1,879 units) will reassess, file, and
maintain control device operation documentation, and 10 percent
(approximately 188 units) will modify it annually. 

Monitoring and Inspection Information for Other Control Devices

Based on previous experience, EPA estimates that one percent of existing
permitted units (approximately 11 units) with equipment subject to
Subpart BB will have a control device other than a thermal vapor
incinerator, catalytic vapor incinerator, flare, boiler, process heater,
condenser, or carbon adsorption system.  In addition, EPA assumes that
existing permitted units with other types of control devices have
already prepared monitoring and inspection information for each control
device.  Therefore zero units will be required to prepare monitoring and
inspection information for other types of control devices.

EPA estimates that all permitted units with other types of control
devices (approximately 17 units) will reassess, file, and maintain
control device operation documentation, and 30 percent (approximately
five units) will modify it annually. 

•	Equipment Log

This ICR assumes that existing permitted units with equipment subject to
Subpart BB have already prepared an equipment log. 

EPA estimates that all permitted units (1,879 units) will reassess,
file, and maintain their equipment log, and 10 percent (approximately
188 units) will modify it annually. 

	•	Valve Log for Valves Subject to §264.1057(g) and (h)

This ICR assumes that existing permitted units with valves subject to
§264.1057(g) and (h) have already prepared a valve log. 

EPA estimates that all permitted units with valves subject to
§264.1057(g) and (h) (approximately 25 percent of all permitted units
or 470 units) will reassess, file, and maintain their valve log, and 10
percent (approximately 47 units) will modify it annually. 

•	Valve Log for Valves Subject to §264.1062

This ICR assumes that existing permitted units with valves subject to
§264.1062 have already prepared a valve log.

EPA estimates that all permitted units with valves subject to §264.1062
(approximately 94 units) will reassess, file, and maintain their valve
log, and 10 percent (approximately nine units) will modify it annually. 

•	Criteria Log

This ICR assumes that existing permitted units subject to Subpart BB
have already prepared a criteria log documenting information required in
§§ 264.1052(d)(5)(ii) and 264.1053(e)(2) for pumps in light liquid
service and compressors. 

EPA estimates that all permitted units with equipment subject to
§§ 264.1052(d)(5)(ii) and 264.1053(e)(2) (1,879 units) will reassess,
file, and maintain their criteria log, and 10 percent (approximately 188
units) will modify it annually. 

•	Exemption Log

This ICR assumes that existing permitted units potentially subject to
Subpart BB have already documented information determining applicability
of Subpart BB to their unit’s equipment.

EPA estimates that all permitted units (1,879 units) will reassess,
file, and maintain this documentation, and 10 percent (approximately 188
units) will modify it annually.

(7)	Semiannual Report of Control Device Monitoring Events

Based on previous experience, EPA estimates that 60 percent of existing
permitted units (1,127 units) will have control devices that have
exceeded or operated outside design specifications or have flares with
visible emissions. 

CONTAINMENT BUILDINGS

Interim status units:

EPA estimates that 2 interim status units are subject to 40 CFR Part
265, Subpart DD. 

(1)	Read the Regulations

EPA assumes that owners and operators of existing interim status units
have already read the regulations.  Thus, EPA estimates that there is no
burden associated with this activity.

(2)	Demonstration that unit meets the standards of Subpart DD

EPA estimates that no units will demonstrate that the unit substantially
meets standards of Subpart DD in order to delay the secondary
containment requirement (§265.1101(b)).

(3)	Certification and Response Procedures

EPA estimates that no units will need to obtain a professional
engineer’s certification and place it in the unit’s operating
record.  In addition, EPA estimates that 25 percent of interim status
units (zero units) will detect leaks or spills from containment
buildings.  Thus, one unit will collect information associated with
leaks or spills from containment buildings.  EPA estimates that all
interim status units will inspect and record in the facility’s
operating record, at least once every seven days, data specified in
§265.1101.

O&M costs for this activity include one-time contractor fees associated
with obtaining a certification by a registered engineer that the
containment building meets the requirements of Section 265.1101(a)-(c).

(4)	Operating Procedures for Areas without Secondary Containment

EPA estimates that 50 percent of the interim status units (one unit)
will maintain in the unit log a written description of operating
procedures used to maintain the integrity of areas without secondary
containment, as specified in §265.1101(d)(3).

(5)	Demonstration for Exemption from Secondary Containment Requirements

EPA estimates that 50 percent of the interim status units (one unit)
will demonstrate that the only free liquids in the containment building
are limited amounts of dust suppression liquids in order to obtain a
waiver from the secondary containment requirements under §265.1101(e).

O&M costs for this activity include one-time fees associated with
contractor services in preparing a demonstration that the only free
liquids in the unit are limited to amounts of dust suppression liquid.

Permitted units:

EPA estimates that, currently, 46 permitted units are subject to 40 CFR
Part 264, Subpart DD.  

(1)	Read the Regulations

EPA assumes that owners and operators of existing permitted units have
already read the regulations. 

(2)	Demonstration that unit meets the standards of Subpart DD

EPA estimates that 10 percent of the newly permitted units with
containment buildings (approximately four units) will demonstrate that
the unit substantially meets standards of Subpart DD in order to delay
the secondary containment requirement (§264.1101(b)).

(3)	Certification and Response Procedures

 EPA estimates that, each year, 25 percent of the universe
(approximately 12 units) will detect leaks or spills from containment
buildings.  These units will have to record the spill, schedule
necessary repairs and cleanup, and notify EPA.  EPA expects all 46 units
to inspect and record data weekly. 

O&M costs for this activity include one-time fees associated with
obtaining a certification by a registered engineer that the containment
building meets the requirements of Section 265.1101(a)-(c).

(4)	Operating Procedures for Areas without Secondary Containment

EPA estimates that 50 percent of the permitted containment buildings
(approximately 23 units) will maintain in the unit log a written
description of operating procedures used to maintain the integrity of
areas without secondary containment, as specified in §264.1101(d)(3).

(5)	Demonstration for Exemption from Secondary Containment Requirements

EPA estimates that 50 percent of the permitted units (approximately 23
units) will demonstrate that the only free liquids in the containment
building are limited amounts of dust suppression liquids in order to
obtain a waiver from the secondary containment requirements under
§264.1101(e).

O&M costs for this activity include one-time fees associated with
contractor services in preparing a demonstration that the only free
liquids in the unit are limited to amounts of dust suppression liquid.

6(e)	BOTTOM LINE BURDEN HOURS AND COSTS

Respondent and Agency bottom line burden hours and costs are summarized
in this subsection.  The bottom line burden hours and cost to
respondents and agencies are based on a three-year time-span over which
the ICR is effective.  Therefore, the bottom line burden hours and cost
is the aggregate annual respondent or agency burden hours and cost
figures multiplied by three. 

The total burden placed on non-federal entities under this ICR (burden
on private and governmental facility respondents plus the burden on
State agencies which carry out duties related to this ICR) is 626,476
hours and $27,289,816 (includes $3,940,793 O&M). The total burden and
cost to the EPA is 1,781 hours and $84,769. All costs are summarized in
the table below.

TOTAL NON-FEDERAL AND FEDERAL BURDEN AND COST SUMMARY









Total	Total	Total	Total	Total

	Hours	Capital Cost	O&M Cost	Labor Cost 	Cost

	 per Year	 per Year	 per Year	per Year	per Year

GOVERNMENTAL FACILITY RESPONSE BURDEN [FROM EXHIBIT 13b]	               
52,321 	 $0 	 $365,752 	 $1,795,713 	 $2,161,465 

STATE AGENCY BURDEN [FROM EXHIBIT 15b]	16,025 	$0 	$0 	$554,024 
$554,024 

SUB-TOTAL: STATE & LOCAL GOVERNMENT BURDEN	68,346	$0	$365,752	$2,349,737
$2,715,489

PRIVATE FACILITY RESPONSE BURDEN [FROM EXHIBIT 13a]	             
558,130 	 $0 	 $3,575,041 	 $20,999,287 	 $24,574,327 

TOTAL NON-FEDERAL BURDEN	626,476	$0 	$3,940,793 	$23,349,024	$27,289,816








	TOTAL FEDERAL BURDEN [FROM EXHIBIT 15a]	1,781 	$0 	$0 	$84,769 	$84,769




Respondent Tally

	Exhibits 13a and b below summarize, respectively, the total annual
Private and Governments respondent burdens and costs associated with all
the requirements covered in this ICR.  For the sum of the two exhibits,
EPA estimates the total annual respondent burden to be 610,451 hours at
a total annual cost of $26,735,792.  The bottom line burden to
respondents over three years is 1,831,352 hours at a cost of
$80,207,377. 

	

Agency Tally

Exhibits 15a and b below summarize, respectively, the total annual EPA
and State burden and cost associated with all the requirements covered
in this ICR.  For the sum of the two exhibits, EPA estimates the total
annual agency burden to be 17,806 hours at a total annual cost of
$638,793.  The bottom line burden to the agencies over three years is
53,416 hours at a cost of $1,916,379. 

EXHIBIT 13a - TOTAL ANNUAL PRIVATE RESPONDENT BURDEN AND COST









Total	Total	Total	Total	Total

	Hours	Capital Cost	O&M Cost	Labor Cost 	Cost

	 per Year	 per Year	 per Year	per Year	per Year

SUBPART I  - CONTAINERS	49,318 	$0 	$0 	$2,678,429 	$2,678,429 

SUBPART J - TANK SYSTEMS	105,653 	$0 	$310,790 	$3,782,030 	$4,092,820 

SUBPART K - SURFACE IMPOUNDMENTS	3,595 	$0 	$1,700 	$128,718 	$130,418 

SUBPART L - WASTE PILES	187 	$0 	$0 	$5,981 	$5,981 

SUBPART M- LAND TREATMENT	0 	$0 	$0 	$0 	$0 

SUBPART N - LANDFILLS	2,822 	$0 	$36,030 	$92,384 	$128,414 

SUBPART O - INCINERATORS	464 	$0 	$3 	$16,609 	$16,612 

SUBPART X - MISCELLANEOUS UNITS	0 	$0 	$0 	$0 	$0 

SUBPART W - DRIP PADS	0 	$0 	$0 	$0 	$0 

SUBPART AA - PROCESS VENTS	311,661 	$0 	$3,041,335 	$11,463,683 
$14,505,018 

SUBPART BB - EQUIPMENT LEAKS	82,986 	$0 	$147,706 	$2,777,598 
$2,925,304 

SUBPART DD - CONTAINMENT BUILDINGS	1,446 	$0 	$37,477 	$53,854 	$91,331 

PURCHASE OF FILE CABINETS 	0 	$0 	$0 	$0 	$0 

TOTAL PRIVATE RESPONDENT 

BURDEN PER YEAR	              558,130 	 $0 	 $3,575,041 	 $20,999,287 	
$24,574,327 



EXHIBIT 13b - TOTAL ANNUAL GOVERNMENTS RESPONDENT BURDEN AND COST

	Total	Total	Total	Total	Total

	Hours	Capital Cost	O&M Cost	Labor Cost 	Cost

	 per Year	 per Year	 per Year	per Year	per Year

SUBPART I  - CONTAINERS	1,174 	$0 	$0 	$62,658 	$62,658 

SUBPART J - TANK SYSTEMS	11,299 	$0 	$33,181 	$389,428 	$422,609 

SUBPART K - SURFACE IMPOUNDMENTS	388 	$0 	$340 	$13,383 	$13,723 

SUBPART L - WASTE PILES	0 	$0 	$0 	$0 	$0 

SUBPART M- LAND TREATMENT	0 	$0 	$0 	$0 	$0 

SUBPART N - LANDFILLS	0 	$0 	$0 	$0 	$0 

SUBPART O - INCINERATORS	209 	$0 	$3 	$7,209 	$7,212 

SUBPART X - MISCELLANEOUS UNITS	0 	$0 	$0 	$0 	$0 

SUBPART W - DRIP PADS	0 	$0 	$0 	$0 	$0 

SUBPART AA - PROCESS VENTS	32,903 	$0 	$320,144 	$1,117,730 	$1,437,874 

SUBPART BB - EQUIPMENT LEAKS	6,332 	$0 	$10,724 	$204,732 	$215,456 

SUBPART DD - CONTAINMENT BUILDINGS	17 	$0 	$1,360 	$573 	$1,933 

PURCHASE OF FILE CABINETS 	0 	$0 	$0 	$0 	$0 

TOTAL  GOVERNMENTS RESPONDENT

BURDEN PER YEAR	                52,321 	 $0 	 $365,752 	 $1,795,713 	
$2,161,465 



EXHIBIT 15a - TOTAL ANNUAL EPA BURDEN AND COSTS

	Total	Total	Total	Total	Total

	Hours	Capital Cost	O&M Cost	Labor Cost 	Cost

	 per Year	 per Year	 per Year	per Year	per Year

SUBPART I  - CONTAINERS	0 	$0 	$0 	$0 	$0 

SUBPART J - TANK SYSTEMS	364 	$0 	$0 	$17,351 	$17,351 

SUBPART K - SURFACE IMPOUNDMENTS	2 	$0 	$0 	$80 	$80 

SUBPART L - WASTE PILES	0 	$0 	$0 	$0 	$0 

SUBPART M- LAND TREATMENT	0 	$0 	$0 	$0 	$0 

SUBPART N - LANDFILLS	3 	$0 	$0 	$122 	$122 

SUBPART O - INCINERATORS	2 	$0 	$0 	$76 	$76 

SUBPART X - MISCELLANEOUS UNITS	0 	$0 	$0 	$0 	$0 

SUBPART W - DRIP PADS	0 	$0 	$0 	$0 	$0 

SUBPART AA - PROCESS VENTS	394 	$0 	$0 	$18,782 	$18,782 

SUBPART BB - EQUIPMENT LEAKS	998 	$0 	$0 	$47,547 	$47,547 

SUBPART DD - CONTAINMENT BUILDINGS	18 	$0 	$0 	$810 	$810 

PART 266 - SPECIFIC HAZARDOUS WASTE	 	 	 	 	 

RECOVERY/RECYCLING FACILITIES	0 	$0 	$0 	$0 	$0 

TOTAL EPA BURDEN PER YEAR	1,781 	$0 	$0 	$84,769 	$84,769 



EXHIBIT 15b - TOTAL ANNUAL STATES BURDEN AND COSTS

	Total	Total	Total	Total	Total

	Hours	Capital Cost	O&M Cost	Labor Cost 	Cost

	 per Year	 per Year	 per Year	per Year	per Year

SUBPART I  - CONTAINERS	0 	$0 	$0 	$0 	$0 

SUBPART J - TANK SYSTEMS	3,279 	$0 	$0 	$113,374 	$113,374 

SUBPART K - SURFACE IMPOUNDMENTS	15 	$0 	$0 	$529 	$529 

SUBPART L - WASTE PILES	0 	$0 	$0 	$0 	$0 

SUBPART M- LAND TREATMENT	0 	$0 	$0 	$0 	$0 

SUBPART N - LANDFILLS	23 	$0 	$0 	$802 	$802 

SUBPART O - INCINERATORS	14 	$0 	$0 	$498 	$498 

SUBPART X - MISCELLANEOUS UNITS	0 	$0 	$0 	$0 	$0 

SUBPART W - DRIP PADS	0 	$0 	$0 	$0 	$0 

SUBPART AA - PROCESS VENTS	3,550 	$0 	$0 	$122,724 	$122,724 

SUBPART BB - EQUIPMENT LEAKS	8,986 	$0 	$0 	$310,668 	$310,668 

SUBPART DD - CONTAINMENT BUILDINGS	158 	$0 	$0 	$5,429 	$5,429 

PART 266 - SPECIFIC HAZARDOUS WASTE





	RECOVERY/RECYCLING FACILITIES	0 	$0 	$0 	$0 	$0 

TOTAL STATES BURDEN PER YEAR	16,025 	$0 	$0 	$554,024 	$554,024 



6(f)	REASONS FOR CHANGE IN BURDEN

This ICR is a detailed description of the total respondent burden for
all activities related to specific unit requirements and special waste
processes and types.  The unit data for the respondent universe in this
ICR are lower than those estimated for the 2004 version of this ICR. 
The decrease is due to use of the more accurate, current data based on
the GPRA Permitting and Renewals Baseline; this baseline was established
for EPA’s GPRA Subobjective 3.01.02 for safe waste management at
hazardous waste facilities.

 

	Labor costs have been revised using the relevant categories of the 2006
Bureau of Labor Statistics wage rates.

CHANGE IN BURDEN 2004 to 2007

Total Over 3-year period	   Burden                   	Cost

   2007	1,831,352	$80,207,377

   2004	2,008,428	$132,711,699

Change (decrease)	(177,076)	(52,504,322)



6(g)	BURDEN STATEMENT

	The annual public (Private and Governments respondents) reporting and
recordkeeping burden for this collection of information is estimated to
average 108.8 burden hours per response.  Reporting is estimated to
average 3.1 and recordkeeping 105.7 burden hours per response.  Table 3
presents the total and average burden for the respondents.

Table 3

Total and Average Burden for Respondents with Interim Status and
Permitted Units

for Specific Unit Types Subject to Information Collection Requirements
Covered in this ICR

BURDEN FOR

Private Respondents	Reporting	Recordkeeping	Total





	Total hours	15,491	542,639	558,130

Total unit responses	5,219	5,219	5,219

Average hours	3	104	106.9





	Governments Respondents









Total hours	2,056	50,265	52,321

Total unit responses	390	390	390

Average hours	5.3	128.9	134.2





	All Respondents









Total hours	17,547	592,904	610,451

Total unit responses	5,609	5,609	5,609

Average hours	3.1	105.7	108.8



The public (Private and Governments respondents) reporting burden for
each of the requirements covered in this ICR are listed in Exhibits 16a
and b below.

EXHIBIT 16a - TOTAL AVERAGE  PRIVATE RESPONDENT BURDEN







	Interim Status	Permitted

	Average	Average	Average	Average

	Reporting	Recordkeeping	Reporting	Recordkeeping

	Burden	Burden	Burden	Burden

SUBPART I	 	 	 	 

CONTAINERS	0 	73 	0 	73 

SUBPART J	 	   	 	 

TANK SYSTEMS	12 	77 	3 	74 

SUBPART K	 	 	 	 

SURFACE IMPOUNDMENTS	0 	74 	0 	73 

SUBPART L	 	 	 	 

WASTE PILES	0 	0 	0 	17 

SUBPART M	 	 	 	 

LAND TREATMENT	0 	0 	0 	0 

SUBPART N	 	 	 	 

LANDFILLS	0 	37 	5 	37 

SUBPART O	 	 	 	 

INCINERATORS	0 	3 	3 	3 

SUBPART X	 	 	 	 

MISCELLANEOUS UNITS	0	0	0 	0 

SUBPART W	 	 	 	 

DRIP PADS	0 	0 	0 	0 

SUBPART AA	 	 	 	 

PROCESS VENTS	0 	448 	10 	399 

SUBPART BB	 	 	 	 

EQUIPMENT LEAKS	1 	47 	6 	40 

SUBPART DD	 	 	 	 

CONTAINMENT BUILDINGS	1 	27 	3 	27 



      



EXHIBIT 16b - TOTAL AVERAGE GOVERNMENTS RESPONDENT BURDEN









Interim Status	Permitted

	Average	Average	Average	Average

	Reporting	Recordkeeping	Reporting	Recordkeeping

	Burden	Burden	Burden	Burden

SUBPART I	 	 	 	 

CONTAINERS	0 	0 	0 	73 

SUBPART J	 	   	 	 

TANK SYSTEMS	14 	77 	3 	74 

SUBPART K	 	 	 	 

SURFACE IMPOUNDMENTS	0 	0 	0 	78 

SUBPART L	 	 	 	 

WASTE PILES	0 	0 	0 	0 

SUBPART M	 	 	 	 

LAND TREATMENT	0 	0 	0 	0 

SUBPART N	 	 	 	 

LANDFILLS	0 	0 	0 	0 

SUBPART O	 	 	 	 

INCINERATORS	0 	0 	0 	0 

SUBPART X	 	 	 	 

MISCELLANEOUS UNITS	0	0	0 	0 

SUBPART W	 	 	 	 

DRIP PADS	0 	0 	0 	0 

SUBPART AA	 	 	 	 

PROCESS VENTS	0 	27 	10 	400 

SUBPART BB	 	 	 	 

EQUIPMENT LEAKS	1 	45 	6 	43 

SUBPART DD	 	 	 	 

CONTAINMENT BUILDINGS	0 	0 	0 	0 



	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 currently valid OMB
control number.  The OMB control numbers for EPA’s regulations are
listed in 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 No.
EPA-HQ-RCRA-2007-0387, which is available for public viewing at the
Resource Conservation and Recovery Act (RCRA) Docket in the EPA Docket
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW,
Washington, DC.  The EPA/DC 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 RCRA Docket is (202) 566-0270.  An electronic
version of the public docket is available through   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov  by entering
the Docket ID above in the search form.  

	

	Use   HYPERLINK "http://www.regulations.gov" 
http://www.regulations.gov  to submit or view public comments, access
the index listing of the contents of the public docket, and to access
those documents in the public docket that are available electronically. 
Once in the system, select “search,” then key in the docket ID
number identified above.  	

	

	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 Officer for EPA.  Please include
the EPA Docket ID No. EPA-HQ-RCRA-2007-0387 and OMB Control No.
2050-0050 in any correspondence.

	





EXHIBITS APPENDIX

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST

NUMBER 1572.07

HAZARDOUS WASTE SPECIFIC UNIT REQUIREMENTS

AND

SPECIAL WASTE PROCESSES AND TYPES

Pages 1-39:   Exhibits 1a – 12a Annual Private Respondent Burden/Cost
Estimate

	           and 

		 1b – 12b Annual Governments Respondent Burden/Cost Estimate

Pages 41-47:  Exhibits 14a Annual EPA Burden and Cost Estimate

		  and 

		  14b Annual States Burden and Cost Estimate

	

1

2

45

46

BLANK PAGE



 If the release has been reported pursuant to 40 CFR Part 302 (CERCLA
§103), that report will satisfy this requirement.

 If the release has been reported pursuant to 40 CFR Part 302 (CERCLA
§103), that report will satisfy this requirement.

 To the greatest extent possible, EPA obtained its burden estimates for
activities in this ICR from approved Office of Solid Waste ICRs, and
from industry consultations (see Section 3(c)). The principle ICRs used
were the General Hazardous Waste Facility Standards ICR (EPA ICR Number
1571.06) and the Part B Permit Application, Permit Modifications, and
Special Permits ICR (EPA ICR Number 1573.06).

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