[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Notices]
[Pages 499-510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-132]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6215-4]
Agency Information Collection Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that the Information Collection
Request (ICR) listed below is coming up for renewal. Before submitting
the renewal package to the Office of Management and Budget (OMB), EPA
is soliciting comments on specific aspects of the collection as
described below.
[[Page 500]]
DATES: Comments must be submitted on or before March 8, 1999.
ADDRESSES: Office of Enforcement and Compliance Assurance, Office of
Compliance, Mail Code 2224A, 401 M Street SW., Washington, DC 20406.
Information may also be acquired electronically through the EnviroSense
Bulletin Board, (703) 908-2090 or the EnviroSense WWW/Internet Address,
http//wastenot.inel.gov./envirosense/. All responses and comments will
be collected regularly from Enviro$en$e. Interested persons may obtain
a copy of the ICR without charge by calling Sandy Farmer of OPPE at
(202) 260-2740.
FOR FURTHER INFORMATION CONTACT: Frank Coleman, telephone: (202) 564-
5012; FAX: 202-564-0085; e-mail: coleman.frank@epamail.epa.gov for
Notice of Arrival of Pesticides and Devices; Carol Buckingham,
telephone: (202) 564-5008; FAX: (202) 564-0085; e-mail:
buckingham.carol@epamail.epa.gov for Application for Registration of
Pesticide-Producing Establishments, and Pesticide Report for Pesticide-
Producing Establishments; Scott Throwe, telephone: (202) 564-7013; FAX:
(202) 564-0050; e-mail: throwe.scott@epamail.epa.gov for NSPS Subpart
EE, Metal Furniture Coating; Marcia Mia, telephone (202) 564-7042; FAX:
(202) 564-0037; e-mail: mia.marcia@epamail.epa.gov for NSPS Subpart VV,
VOC Equipment Leaks in the Synthetic Organic Chemical Industry;
Jonathan Binder, telephone: (202) 564-2516; FAX: (202) 564-0009; e-
mail: binder.jonathan@epamail.epa.gov for Solid Waste Landfills;
Charles Williams, telephone: (202) 564-7016; FAX: (202) 564-0050; e-
mail williams.charles@epamail.epa.gov for NSPS Subpart H, Sulfuric Acid
Plants; Julie Tankersley, telephone: (202) 564-7002; FAX: (202) 564-
0050; e-mail: tankersley.julie@epamail.epa.gov for NSPS Subpart XX,
Bulk Gasoline Terminals; Scott Throwe, telephone: (202) 564-7013; FAX:
(202) 564-0050; e-mail: throwe.scott@epamail.epa.gov for NESHAP Subpart
N, Inorganic Arsenic Emissions from Glass Manufacturing; Scott Throwe,
telephone: (202) 564-7013; FAX: (202) 564-0050; e-mail:
throwe.scott@epamail.epa.gov and for NSPS Subpart CC, Glass
Manufacturing Plants and Seth Heminway, telephone: (202) 564-7016; e-
mail: heminway.seth@epamail.epa.gov for Wood Preservative-Exposure
Levels in Wood Treatment Plants.
SUPPLEMENTARY INFORMATION:
Notice of Arrival of Pesticides and Devices
Affected Entities: This action affects entities which import
pesticides or devices into the United States.
Title: Notice of Arrival of Pesticides and Devices (EPA Form 3540-
1), OMB Number 2070-0020, EPA ICR Number 0152.06, Expiration Date:
April 30, 1999.
Abstract: The U.S. Customs regulations at 19 CFR 12.112 require
that an importer desiring to import pesticides into the United States
shall, prior to the shipment's arrival, submit a Notice of Arrival of
Pesticides and Devices (EPA Form 3540-1) to EPA who will determine the
disposition of the shipment. After completing the form, EPA returns the
form to the importer, or his agent, who must present the form to
Customs upon arrival of the shipment at the port of entry. This is
necessary to insure that EPA is notified of the arrival of pesticides
and devices as required by the Federal Insecticide Fungicide and
Rodenticide Act (FIFRA) section 17(c).
Part I of the form requests identification and address information
of the importer or his agent followed by information on the imported
pesticide. The importer or his agent is entitled to make a
confidentiality business information claim (CBI) on information
submitted with the following exceptions: (1) the EPA registration
number; (2) the producer establishment number; (3) the brand name of
product; and (4) the major active ingredients including the percentage
of each.
EPA regional personnel review the completed form for completeness
and accuracy and to determine if the product should be released, denied
entry, detained for inspection, or held intact by the consignee pending
inspection. Part II is signed and the form is returned to the
respondent with EPA instructions to the U.S. Customs Service as to the
disposition of the shipment.
Upon the arrival of the shipment, the importer presents the EPA-
approved NOA to the District Director of U.S. Customs at the port of
entry. U.S. Customs compares entry documents for the shipment with the
Notice of Arrival; it notifies the EPA Regional Office of any
discrepancies between the NOA and the entry documents and per EPA's
instruction either releases the shipment, denies entry, or detains the
shipment for examination. If EPA inspects the shipment and it appears
from examination of a sample that it is adulterated, or misbranded or
otherwise violates the provisions of FIFRA, or is otherwise injurious
to health or the environment, the pesticide or device may be refused
admission. EPA resolves any discrepancies on the report with the
importer or his agent.
The purpose of this reporting requirement is to ensure that the
Agency is made aware of pesticides arriving in the customs territory of
the United States. This information is necessary to ensure compliance
with FIFRA and to identify the responsible party importing pesticides.
If EPA did not collect this information, the Agency would be unable to
meet the statutory requirements of FIFRA.
The information collected is used by EPA Regional pesticide
enforcement and compliance staff and the Headquarters Office of
Enforcement and Compliance Assurance and Office of Pesticide Programs.
The U.S. Department of Agriculture, the Food and Drug Administration,
and other Federal agencies may also make use of this information.
In the case of unregistered product imports between establishments
operated by the same producer, the EPA is considering an establishment
number for the importing registered establishment. This would be an
addendum to the information collection request form. Under 40 CFR
152.30(a) unregistered pesticides may be imported between registered
establishments operated by the same producer. EPA believes that this
information request will not generate any significant burden to the
respondents. The change will provide more useful information to the
Agency so that it can determine whether certain pesticides may be
imported and do so in a more timely way than is currently done.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of automated collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Burden Statement: The average annual reporting and recordkeeping
burden is 2,100 hours. This is based on an estimated 7,000 respondents
and 0.3 hours per respondent. The total
[[Page 501]]
respondent cost of $75,369 is calculated using labor rates of $17.09
per hour plus 110% overhead or $35.89 from the United States Department
of Commerce Bureau of Labor Statistics, March 1998, Table 2: Employment
Costs for Civilian Workers by Occupational and Industry Group. This
estimate includes the time needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purpose 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.
Application for Registration of Pesticide-Notification-Producing
Establishments
Affected entities: This action affects domestic and foreign
establishments who produce/manufacture pesticide products, active
ingredients, or devices.
Title: Application for Registration of Pesticide-Producing
Establishments (EPA Form 3540-8), Notification of Registration of
Pesticide-Producing Establishments (EPA Form 3540-8(A), and Pesticide
Report for Pesticide-Producing Establishments (EPA Form 3540-16). OMB
Control Number 2070-0078, EPA ICR Number 0160.06, Expiration Date:
April 30, 1999.
Abstract: The U.S. Environmental Protection Agency (EPA) must
collect information on pesticide-producing establishments in order to
meet the statutory requirements of section 7 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). The FIFRA requires
producers of pesticide products, active ingredients, or devices to
register their establishments with EPA and to submit an initial and,
thereafter, annual report on the types and amounts of products
produced.
Section 7(b) of FIFRA requires that any person who manufactures
pesticides or active ingredients [or devices] subject to the Act must
register the establishment in which the pesticide is produced with the
Administrator of EPA. The EPA Form 3540-8, Application for Registration
of Pesticide-Producing Establishments, is used to collect the
establishment registration information required by this section. The
EPA Form 3540-8(A), Notification of Registration of Pesticide-Producing
Establishments, is used to notify the applicant of issuance of their
EPA Establishment Registration Number(s) which is required for the
facility(s) to produce, distribute and sell pesticides, active
ingredients, or devices.
The FIFRA section 7(c)(1) requires that any producer operating an
establishment registered under section 7 report to the Administrator 30
days after it is registered, and annually thereafter. Producers must
report which types and amounts of pesticides, active ingredients, or
devices are currently being produced, were produced during the past
year, and were sold or distributed in the past year. The Code of
Federal Regulations at 40 CFR 167 outlines the requirements for
registration of pesticide-producing establishments and the schedule for
submitting production information. The EPA Form 3540-16, Pesticide
Report for Pesticide-Producing Establishments, is used to collect the
pesticide production information required by section 7 of FIFRA.
The purpose of this reporting requirement is to obtain and maintain
current pesticide production information, including the locations of
all pesticide-producing establishments. This information provides an
overview of establishments engaged in pesticide production activities
and allows the Agency to target establishments for inspections with
optimal utilization of limited inspection resources. Such production
information permits EPA to trace ineffective, contaminated, or
otherwise violative products to their source, and minimizes any adverse
environmental impact that might arise from the production or
distribution of violative products. In addition, the information is
used by the Agency, the USDA, the FDA, and other Federal agencies for
various other purposes, such as risk/benefit analysis.
This ICR renewal submission revises the current ICR by making minor
modifications to the instructions for completion of/and the reporting
forms for EPA Forms 3540-8, 3540-8(A), and 3540-16. The instruction
revisions include wording changes of the instruction statements and a
change to EPA Form 3540-16 from portrait format to a landscape format.
These revisions to the instructions and form will not place any
additional burden on the regulated community. Also, in addition to
regular postal service annual mailings of the forms and instructions,
they will also be made available on-line at: http://es.epa.gov/oeca/
datasys/sstsys.html> (do not include any capital letters in the
address).
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
are displayed in 40 CFR part 9.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information; including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
collection techniques or other forms of information technology.
Burden Statement: The average annual burden to industry for the
portion of this collection involving the registration of an
establishment is estimated to be 30 minutes per response, including
time for reviewing the instructions and completion of the necessary
information on EPA Form 3540-8. There are an average 700 responses
annually for a total burden of 350 hours.
The average annual burden to industry for the portion of this
collection to report annual pesticide production information is
estimated to be 1 hour and 33 minutes per response, including time for
reviewing the instructions, planning activities, gathering and
reviewing for accuracy, and storing or maintaining the information for
completion of EPA Form 3540-16. There are an average 12,342 annual
responses for a total burden of 18,590 hours.
There is no respondent burden associated with notification of the
respondent of assignment of their establishment registration using EPA
Form 3540-8(A).
The estimated number if establishments for this ICR is based on the
fact that there are currently 12,342 establishments actively registered
with EPA. This is not significantly different from the 12,336
establishments that were actively registered at the time of the last
ICR renewal three years ago. The EPA does not expect any significant
changes in the regulatory program or in the industry that would change
the number of producing establishments during the next three years.
[[Page 502]]
Therefore, EPA believes that the current tally of registered
establishments is a reliable estimate of the number of respondents for
the next three years. These estimates include the time necessary to
review instructions, develop, acquire, install and utilize technologies
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.
Please send comments regarding these matters, or any aspect of the
information collection, including suggestions for reducing the burden,
to the address listed in the Address section of this document.
NSPS Subpart EE, Metal Furniture Coating
Affected entities: Entities potentially affected by this action are
each metal furniture surface coating operation in which organic
coatings are applied and for which construction, modification or
reconstruction commenced after the date of proposal, November 28, 1980.
A surface coating operation includes the coating application
station(s), flash-off area, and curing oven.
Title: New Source Performance Standard for Metal Furniture Surface
Coating, 40 CFR part 60, subpart EE, OMB Control Number 2060-1006, EPA
ICR Number 0649.06, Expiration date: April 30, 1999.
Abstract: In the Administrator's judgment, VOC emissions from the
metal furniture surface coating industry cause or contribute to air
pollution that may reasonably be anticipated to endanger public health
or welfare. Therefore, the NSPS were promulgated for this source
category.
Owners/operators of affected facilities must report excess
emissions and deviations in operating parameters on a quarterly basis.
Where no exceedances have occurred during a particular quarter, a
report stating this shall be submitted semi-annually. Notification of
construction and startup indicates to enforcement personnel when a new
affected facility has been constructed and therefore is subject to the
standards. The information generated by the monitoring, record keeping
and reporting requirements described above is used by the Agency to
ensure facilities affected by the NSPS continue to operate the control
equipment used to achieve compliance with the NSPS.
Approximately 705 sources are currently subject to the standards.
Volatile Organic Compounds (VOC's) are the pollutants regulated under
this Subpart. The respondents are owners or operators of metal
furniture surface coating operations. The control of VOC emissions from
metal furniture surface coating operations requires not only the
installation of properly designed equipment, but also the operation and
maintenance of that equipment. VOC emissions from the coating of metal
furniture surfaces result from the application and curing or drying of
organic coatings on the surface of each metal furniture part or
product. These standards rely on the reduction of VOC emissions through
either a capture system and incinerator or a capture system and solvent
recovery system.
Owners and operators of the affected facilities described must make
the following one-time only reports: initial notification and
notification of the initial performance test. Performance test are
needed as these are the Agency's record of a source's initial
capability to comply with the emission standards, and note the
operating conditions applicable to NSPS Subpart EE, Metal Furniture
Coating, under which compliance was achieved.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shut down, or malfunction in
the operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports and
records are required, in general of all sources subject to NSPS.
Information is recorded in sufficient detail to enable owners or
operators to demonstrate compliance with the standards. This
information is used to monitor effective operation of the capture
system and control devices; thus, ensuring continuous compliance with
the standards. The semiannual reporting requirement for no exceedances
of the monitoring parameters provides a good indication of a source's
compliance status.
In order to ensure compliance with the standards promulgated to
protect public health, adequate record keeping is necessary. In the
absence of such information, enforcement personnel would be unable to
determine whether the standards are being met on a continuous basis, as
required by the Clean Air Act. Recordkeeping and reporting are
mandatory under the regulation. Records must be maintained for 2 years.
The information collected from record keeping and reporting
requirements is also used for targeting inspections, and is of
sufficient quality to be used as evidence in court.
Approximately 705 affected facilities under Subpart EE, must comply
with 40 CFR, Part 60 General Provisions recordkeeping and reporting
requirements including: Owners/operators of affected facilities must
report excess emissions and deviations in operating parameters on a
quarterly basis. Where no exceedances have occurred during a particular
quarter, a report stating this shall be submitted semi-annually.
Notification of construction and startup indicates to enforcement
personnel when a new affected facility has been constructed and,
therefore, is subject to the standards. The information generated by
the monitoring, recordkeeping and reporting requirements described
above is used by the Agency to ensure facilities affected by the NSPS
continue to operate the control equipment used to maintain regulatory
compliance with the NSPS Subpart EE.
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.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: The individual burdens for each of the
recordkeeping and reporting requirements applicable to the industry are
consistent with the concept of burden under the Paperwork Reduction
Act. The only type of industry costs associated with the information
collection activity in the standards are labor costs. The labor
estimates in the table were derived from
[[Page 503]]
the United States Department of Labor Statistics, March 1988, Table 2:
Employment Cost for Civilian Workers by Occupational and Industry
Group. The average annual burden to industry over the next three years
from these recordkeeping and reporting requirements is estimated at
128,213 person-hours. The respondent costs have been calculated on the
basis of $17.09 per hour plus 110 percent overhead. The average annual
burden to industry over the next three years of the ICR is estimated to
be $4,601,565. This estimate 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.
NSPS Subpart VV, VOC Equipment Leaks in Synthetic Organic Chemical
Industry
Affected Entities: Entities potentially affected by this action are
those which are subject to subpart VV, Volatile Organic Compound (VOC)
Equipment Leaks in the Synthetic Organic Chemicals Manufacturing
Industry (SOCMI) with the exceptions listed in 40 CFR 60.480(d)
Title: NSPS subpart VV, VOC Equipment Leaks in the SOCMI, OMB
Number 2060-0012, EPA ICR Number 0662.05, Expiration Date: September
30, 1998.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with 40 CFR 60.480,
subpart VV, VOC Equipment Leaks in the SOCMI. This information is used
by the Agency to identify sources subject to the standards and to
insure that the best demonstrated technology is being properly applied.
The standards require periodic recordkeeping to document process
information relating to the source's ability to identify and eliminate
leaking equipment. The standards apply to specific pieces of equipment
contained within a process unit in the SOCMI, including pumps in light
liquid service, compressors, pressure relief devices in gas/vapor,
light or heavy liquid service, sampling connection systems, open-ended
valves or lines, valves in gas/vapor and light liquid service, pumps
and valves in heavy liquid service, and flanges and other connectors.
In the Administrator's judgement, VOC emissions from equipment
leaks in the SOCMI cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare.
Therefore, New Source Performance Standards have been promulgated for
this source category as required under section 111 of the Clean Air
Act.
The owners or operators of the affected facilities described must
make one time only reports: notification of the date of construction or
reconstruction, notification of the anticipated and actual date of
startup, notification of any physical or operational change to an
existing facility which may increase the emission rate of any air
pollutant to which the standard applies (in this case, VOC),
notification of the initial performance test, and the results of the
performance test. The only regular reports required by this Subpart are
a semiannual excess emissions summary.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility or malfunctions of the air pollution
control device. These notifications, reports and records are required,
in general of all sources subject to the NSPS.
In order to ensure compliance with standards promulgated to protect
public health, adequate recordkeeping and reporting is necessary. In
the absence of such information enforcement personnel would be unable
to determine whether the standards are being met on a continuous basis,
as required by the Clean Air Act. The information collected from
recordkeeping and reporting requirements is also used for targeting
inspections, and is of sufficient quality to be used as evidence in
court. Recordkeeping and reporting are mandatory under this regulation.
Records must be maintained for 2 years.
Recordkeeping requirements specific to equipment leaks in the SOCMI
support the facility's leak detection and repair program and include
identification of leaking equipment; a log of leaking equipment; a log
of information relating to the closed vent systems and control devices;
a log identifying all equipment subject to the standard; a log of
valves designated as difficult to monitor or unsafe to monitor; a log
of valves complying with skip period leak detection and repair
alternative standard; a log of criterion established which indicates a
failure of the seal system, barrier system, or both for each barrier
fluid system; dates of compliance tests and results; and for
determining exemptions, an analysis of design capacity of affected
sources or demonstration that the equipment is not in VOC service, and
a statement listing the feed or raw materials and products.
Reporting requirements specific to equipment leaks in the SOCMI
consist of an initial semiannual report including process unit
identification and number of valves, pumps and compressors subject to
the standards. All semiannual reports are to include process unit
identification, number of components leaking and not repaired, dates of
process unit shutdowns, and revisions to items submitted in the initial
semiannual report. The source is also required to notify the
Administrator of the election to use an alternative standard for valves
ninety days before implementing the provision.
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 number for EPA's
regulations are listed in 40 CFR part 9.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
Additionally, the Agency would like to solicit comment on the
estimate of the percentage of facilities employing contractors to
perform their leak detection and repair programs and the costs per
component of such contracted services; as well as the estimated growth
of the number of facilities subject to the standard over the next three
year period.
Burden Statement: The Agency computed the burden for each of the
recordkeeping and reporting requirements applicable to the industry for
the currently approved ICR. Where appropriate, the Agency identified
[[Page 504]]
specific tasks and made assumptions, while being consistent with the
concept of burden under Paper Work Reduction Act.
The estimate was based on the assumption that there would be 281
new affected facilities each year and that there would be an annual
average of 3227 affected facilities over each of the next three years
covered by the ICR. For the new sources, it was estimated that it would
take: 281 person hours to read the instructions, 16,176 person hours to
conduct the initial performance tests (assuming that 20% of the tests
must be repeated), and 2360 person hours to gather the information and
write the initial reports. For all sources, it was estimated that it
would take 25,816 person hours to fill out semiannual reports and
258,160 person hours to enter information for records of operating
parameters.
The annual burden to industry for the three year period covered by
this ICR from recordkeeping and reporting requirements has been
estimated at 292,478 hours. The respondents costs were calculated on
the basis of $21.00 per hour plus 110% overhead which equals $44.10.
The total annual burden to industry is estimated at $12,898,280.
This estimate includes the time needed to review instructions;
develop, acquire, install, and use technology and systems for the
purpose of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing way to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection for information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information. No additional third party burden is
associated with this ICR.
NSPS Subpart WWW, Solid Waste Landfills
Affected entities: Entities potentially affected by this action are
each municipal solid waste landfills that commenced construction,
reconstruction or modification or began accepting waste after May 30,
1991
Title: New Source Performance Standards for Municipal Solid Waste
Landfills.
Abstract: In the Administrator's judgement municipal solid waste
(MSW) landfill emissions generated by decomposition of municipal solid
waste deposited in an MSW landfill may reasonably be anticipated to
endanger public health or welfare. Therefore, NSPS were promulgated for
this source category. Owners or operators of MSW landfills for which
construction, modification or reconstruction commences on or began
accepting waste after May 30, 1991, are subject to NSPS Subpart WWW.
All respondents will need to submit an initial design capacity
report. This report would include the landfill's maximum design
capacity, date of anticipated startup, and the anticipated refuse
acceptance rate. If the design capacity of a new landfill is less than
2,500,000 megagrams (Mg), no further reporting or recordkeeping is
required. Under certain circumstances, amended design capacity reports
may be required.
If the facility's design capacity is equal to or greater than
2,500,000 Mg, the owner or operator is required to determine the
facility's nonmethane organic compound (NMOC) emission rate.
Determination of the NMOC rate is carried out using a three-tiered
system of calculations as described in 40 CFR part 60.
The first tier is used primarily as a screening tool to determine
if additional testing is warranted. If the NMOC emission rate at Tier 1
is less than 50 Mg/yr, neither additional testing nor the installation
of controls is warranted. If, using the calculations in the first tier,
a facility's NMOC emissions are calculated to be 50 Mg/yr or greater,
the owner or operator would be required to either: (1) install a
collection and control system; or (2) perform Tier 2 by testing for
NMOC concentration and then recalculating the annual NMOC emission
rate.
Likewise, if Tier 2 testing and calculations show an NMOC emission
rate of 50 Mg/yr or greater, the owner or operator could either install
a collection and control system, or recalculate the NMOC emission rate
by calculating a site-specific methane generation rate constant using
Tier 3.
Tier 1 uses default values specified in the New Source Performance
Standards (NSPS) to calculate the NMOC emissions rate, and requires no
field testing. Tier 2 and Tier 3 both require sampling. For Tier 2, the
NMOC concentration is determined through site-specific sampling using
test Method 25C as described in 40 CFR Part 60 Appendix A. For Tier 3
the site specific landfill methane generation rate is determined by gas
flow testing using test Method 2E.
If the NMOC emission rate is determined to be less than 50 Mg/yr,
using Tier 1, Tier 2, or Tier 3 calculations, no further calculation or
testing is required for that year. Owners or operators of MSW landfills
emitting less than 50 Mg NMOC per year may submit reports of NMOC
emission rates yearly. However, NSPS Subpart WWW, also allow owners or
operators to report less frequently. Under these provisions, the NMOC
report may be accompanied by an estimation of the annual NMOC emission
rate for each of the next 5 years, provided that none of the estimated
rates reaches 50 megagrams per year. In this case, the owner or
operator would not submit annual reports, but the estimation would be
updated and resubmitted every 5 years. The owner or operator would also
be required to revise the estimate in any year in which the actual
waste acceptance rate for that year exceeds the waste acceptance rate
upon which the previously submitted estimate is based.
Owners or operators of landfills with collection and control
systems installed in compliance with the standards are not required to
submit reports of NMOC emission rates. Owners or operators of affected
facilities would be required to keep records of accumulated refuse and
waste acceptance rates for a minimum of 5 years.
For landfills required to install collection and control systems
(i.e., those emitting greater than 50 Mg/yr of NMOC), submission of a
collection and control system design plan is required. After review of
the design plan and installation of the collection and control system,
an initial performance test and report for the system is required.
Thereafter, annual compliance reports would be required.
For control systems using an enclosed combustion device, the
initial performance test would also include the average combustion
temperature, and the percent reduction of NMOC achieved.
For control systems using a boiler, the initial performance report
would include a description of the location at which the emission
stream is introduced into the boiler, and the average combustion
temperature of the boiler.
For control systems using an open flare, the initial performance
report would include a description and the flare type, visible
emissions reading, a heat content determination, flow rate
measurements, and exit velocity determinations.
Where control devices other than an open flare or closed combustion
device are used, owners or operators would be required to submit to the
Administrator information describing the control device and parameters
that will indicate its proper performance.
Following submission of the initial performance report, owners or
operators
[[Page 505]]
would be required to keep continuous monitoring records of the
parameters reported in the initial performance report and records of
monthly monitoring of the collection system and quarterly monitoring of
surface methane concentration. Annual compliance reports and
recordkeeping would include: descriptions of any periods in which the
value of any of the monitored operating parameters falls outside the
established ranges, and any period when the collection system or air
pollution control equipment malfunctioned or when the collected gas was
diverted from the control device. When applicable, each owner or
operator of a controlled landfill will submit a closure report to EPA
within 30 days of waste acceptance cessation.
All reports are submitted to the respondent's State or local
agency, whichever has been delegated enforcement authority by the EPA.
The information collected will be used by EPA personnel to ensure
compliance with the NSPS and identify the sources subject to the
standards. When appropriate under NSPS, Subpart WWW, each owner or
operator of a controlled landfill shall submit annual reports of
exceedances, gas steam diversion, control device non-operation,
collection system failure, the date at installations and the location
of each well or well collection system and equipment removal.
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.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: The individual burdens for each of the
recordkeeping and reporting requirements applicable to the industry are
consistent with the concept of burden under the Paperwork Reduction
Act. The only type of industry costs associated with the information
collection activity in the standards are labor costs. The labor
estimates in the table were derived from the United States Department
of Labor Statistics, March 1998, Table 2: Employment Cost for Civilian
Workers by Occupational and Industry Group. The average annual burden
to industry over the next three years from these recordkeeping and
reporting requirements is estimated at 128,213 person-hours. The
respondent costs have been calculated on the basis of $17.09 per hour
plus 110 percent overhead. The average annual burden to industry over
the next three years of the ICR is estimated to be $4,601,565.
This estimate 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.
NSPS Subpart H Sulfuric Acid Plants
Affected entities: Entities potentially affected by this action are
those plants that produce sulfuric acid by the contact process by
burning elemental sulfur, alkylation acid, hydrogen sulfide, organic
sulfides and mercaptans, or acid sludge, but does not include
facilities where conversion to sulfuric acid is utilized primarily as a
means of preventing emissions to the atmosphere of sulfur dioxide or
other sulfur compounds.
Title: New Source Performance Standard Subpart H, Sulfuric Acid
Plants, OMB Number 2060-0041, EPA ICR Number 1057.08, Expiration Date:
June 31, 1999.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with 40 CFR 60.80,
subpart H, New Source Performance Standards for Sulfuric Acid Plants.
This information notifies the Agency when a source becomes subject to
the regulations, and informs the Agency that the source is in
compliance when it begins operation. The Agency is informed of the
sources' compliance status by semiannual reports. The calibration and
maintenance requirements aid in a source remaining in compliance.
In the Administrator's judgement, sulfur dioxide (SO2)
and acid mist emissions from the manufacture of sulfuric acid cause or
contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare. Therefore, New Source Performance
Standards have been promulgated for this source category as required
under section 111 of the Clean Air Act.
The respondents subject NSPS Subpart H, are owners of sulfuric acid
plants. The control of SO2 and acid mist requires not only
the installation of properly designed equipment, but also the proper
operation and maintenance of that equipment. Sulfur dioxide and acid
mist emissions from sulfuric acid plants result from the burning of
sulfur or sulfur-bearing feedstocks to form SO2, catalytic
oxidation of SO2 to SO3, and absorption of
SO2 in a strong acid stream. These standards rely on the
capture of SO2 and acid mist by venting to a control device.
Approximately 100 existing facilities are currently subject to the
standards. Affected facilities must comply with 40 CFR 60.8 General
Provisions recordkeeping and reporting requirements including
notification of the date of construction or reconstruction;
notification of the anticipated and actual dates of startup;
notification of any physical or operational change to an existing
facility which may increase the regulated pollutant emission rate;
notification of demonstration of the continuous emission monitoring
system (CEMS); notification of the date of the initial performance
test; and the results of the initial performance test.
Performance test reports are needed as these are the Agency's
record of a source's initial capability to comply with emission
standards, and note the operating conditions (acid mist SO2
concentrations, volumetric flow rates of effluent gas) under which
compliance was achieved. After the initial recordkeeping and reporting
requirements, semiannual reports are required if there has been an
exceedance of control device operating parameters.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notification, reports
[[Page 506]]
and records are required, in general, of all sources subject to NSPS.
Four new facilities are estimated to become subject to NSPS Subpart
H annually.
The Administrator has determined that emissions of SO2
and it's mist cause or contribute to air pollution that may reasonably
be anticipated to endanger public health or welfare.
In order to ensure compliance with standards promulgated to protect
public health, adequate recordkeeping and reporting is necessary. In
the absence of such information enforcement personnel would be unable
to determine whether the standards are being met on a continuous basis,
as required by the Clean Air Act. The information collected from
recordkeeping and reporting requirements is also used for targeting
inspections, and is of sufficient quality to be used as evidence in
court. Recordkeeping and reporting are mandatory under this regulation.
Records must be maintained for 5 years.
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.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
595.80 hours per new facility and 220 hours per existing facility.
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.
The current ICR estimates the total annual burden to industry to be
$1,094,703. This is based on a total average annual burden of 24,823
respondents with an average wage of $17.09 per hour and 110% overhead.
The burden is greatest for facilities in their first year of operation.
The burden in the first year for reporting requirements is estimated to
be 455.80 hours per facility. The burden for future years is greatly
reduced because the initial notifications and initial performance tests
are not required in subsequent years. The estimated burden for
recordkeeping requirements for subsequent years per respondent is 140
person hours. This estimate includes the time to enter information
regarding records of operating parameters and calculations/record of
conversion factors.
The following is a breakdown of burden used in the ICR. The
estimated burden is calculated as two hours for respondents to write
the reports for; notification of construction or reconstruction,
notification of physical or operation changes, notification of
anticipated startup, notification of actual startup, notification of
initial performance test, notification of demonstration of continuous
monitoring system (CMS). The ICR uses 300 burden hours for the initial
performance test. It is assumed that 20% of all affected facilities
will have to repeat performance tests. The ICR uses four hours for
performing the Reference Method 9 Test. It is estimated that
performance of Reference Method 9 Test will occur, on average, 1.2
times per facility a year. The ICR uses 40 hours to write an excess
emission reports. It is assumed an excess emission report will take
place twice a year.
The recordkeeping burden is estimated to be 0.25 hours to enter
information regarding records of operating parameters. It is assumed
this will take place 350 times a year per facility. The burden to enter
information regarding calculation/record of conversion factors is 0.5
hours. It is assumed this will take place 1,050 times a year per
facility.
NSPS Subpart XX, Bulk Gasoline Terminals
Affected entities: Entities potentially affected by this action are
those which are subject to NSPS Subpart XX, Bulk Gasoline Terminals.
Title: New Source Performance Standard Subpart XX, Bulk Gasoline
Terminals, OMB Control Number 2060-0006, EPA ICR Number 0664.06,
Expiration Date: June 30, 1999.
Abstract: In the Administrator's judgment , VOC emissions from Bulk
Gasoline Terminals may cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare.
Therefore, New Source Performance Standards (NSPS) for Bulk Gasoline
Terminals were proposed on December 17, 1980 and were promulgated on
August 18, 1983, and amended on December 22, 1983. The standards are
codified at 40 CFR part 60, subpart XX. These standards apply to the
total of all loading racks at bulk gasoline terminals which deliver
liquid product into gasoline tank trucks and for which construction,
modification or reconstruction commenced after the date of proposal. A
bulk gasoline terminal is any gasoline facility which receives gasoline
by pipeline, ship or barge, and has a gasoline throughput greater than
75,700 liters per day. Volatile organic compounds (VOCs) are the
pollutants regulated under this standard.
Owners or operators of Bulk Gasoline Terminals must make the
following one-time-only reports: notification of the date of
construction or reconstruction; notification of the anticipated and
actual dates of startup; notification of any physical or operational
change to an existing facility which may increase the regulated
pollutant emission rate; notification of the date of the initial
performance test; and the results of the initial performance test.
In order to ensure compliance with standards promulgated to protect
public health, adequate recordkeeping and reporting is necessary. In
the absence of such information enforcement personnel would be unable
to determine whether the standards are being met on a continuous basis,
as required by the Clean Air Act. The information collected from
recordkeeping and reporting requirements is also used for targeting
inspections, and is of sufficient quality to be used as evidence in
court. Recordkeeping and reporting are mandatory under this regulation.
Records must be maintained for 2 years.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown,
[[Page 507]]
or malfunction in the operation of an affected facility. These
notifications, reports and records are required, in general, of all
sources subject to NSPS.
Monitoring requirements specific to bulk gasoline terminals consist
mainly of identifying and documenting vapor tightness for each gasoline
tank truck that is loaded at the affected facility, and notifying the
owner or operator of each tank truck that is not vapor tight. The owner
or operator must also perform a monthly visual inspection for liquid or
vapor leaks, and maintain records of these inspections at the facility
for a period of two years.
Approximately 40 affected facilities are currently subject to NSPS
Subpart XX. The reporting requirements for this industry currently
include only the initial notifications and initial performance test
report listed above. All reports are sent to the delegated State or
local authority. In the event that there is no such delegated
authority, the reports are sent directly to the EPA Regional Office.
Notifications are used to inform the Agency or delegated authority when
a source becomes subject to the standard. The reviewing authority may
then inspect the source to ensure that the pollution control devices
are properly installed and operated. Performance test reports are
needed as these are the Agency's record of a source's initial
capability to comply with the emission standard, and note the operating
conditions under which compliance was achieved.
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.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average .13
hours per response. For reporting requirements it is estimated that it
will take one person-hour to read the instructions. The ICR uses 60
burden hours for the initial performance test this includes the burden
to write the report of the performance test. It is assumed that 20% of
all affected facilities will have to repeat performance tests.
The burden to enter records of tank identification numbers is 0.1
of an hour with the assumption it takes six minutes to enter each tank
truck identification number. It is estimated there will be
approximately 2,100 truck loadings per year based on six tank trucks
each day multiplied by 350 days per year. It is estimated that leak
detection records from monthly inspection of control equipment is one
person-hour every two years.
Approximately 40 sources are currently subject to NSPS Subpart XX.
Because no growth in the industry is expected, no additional sources
are expected to become subject to this standard over the next three
years. Therefore, the only type of industry cost associated with the
information collection activity in the standards are labor cost. The
labor estimates were derived from the United States Department of Labor
Statistics, March 1998, Table 2: Employment Cost for Civilian Workers
by Occupational and Industry Group. The average annual burden to
industry over the next three years from these recordkeeping and
reporting requirements is 11,420 person hours. The respondent cost are
calculated on the basis of $17.09 per hour plus 110 percent overhead.
The average burden to the industry over the next three years is
estimated to be $409,750. This estimate includes the time needed to
enter information--records of start-up, shutdown, malfunction, or any
periods during which the monitoring system is inoperative is estimated
to be one and one half hours 50 times per year or about one occurrence
per week.
This estimate includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purpose 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.
NESHAP Subpart N, Inorganic Arsenic Emissions From Glass
Manufacturing
Abstract: The Administrator has judged that arsenic emissions from
glass manufacturing plants cause or contribute to air pollution that
may reasonably be anticipated to endanger public health or welfare.
Owners or operators of sources covered by the National Emission
Standard for Hazardous Air Pollutants Subpart N, are subject to the
recordkeeping and reporting requirements of the standards as well as
those standards prescribed in the General Provisions of the NESHAP.
Title: NESHAP Subpart N, Inorganic Arsenic Emissions from Glass
Manufacturing OMB Control Number 2060-0043, EPA ICR Number 1081.06,
Expiration Date: July 31,1999.
Owners or operators of the affected facilities described must make
the following one-time-only reports: application for approval of
construction or modification (new sources) or a source report (existing
sources or new sources with initial start-up preceding effective date
of standard); and notification of anticipated and actual dates of
start-up. Calculations estimating new emission levels must be reported
whenever a change of operation is made that would potentially increase
emissions.
Approximately 47 sources subject to NESHAP Subpart N are required
to demonstrate initial compliance through emission tests. In addition,
a continuous monitoring system for the measurement of the opacity of
emissions from any control device must be installed and operated.
Records of continuous emission monitoring (CEM) results and other data
needed to determine emission concentrations shall be maintained at the
source and made available for inspection a minimum of two years.
A written report of each period for which emission rates exceeded
the emission limits is required semiannually. All reports are sent to
the delegated State or local authority. In the event that there is no
such delegated authority, the reports are sent directly to the EPA
Regional office. Applications and written reports are sent directly to
the EPA Regional office. These reports are used to inform the Agency or
delegated authority when a source becomes subject to the standards, and
the nature of that source. Notification of
[[Page 508]]
start-up informs the reviewing authority at what date the source
commences operation. The reviewing authority may then inspect the
source to check if the pollution control devices are properly installed
and operated.
Reports, including calculations estimating any subsequent emission
levels, are necessary to keep the Agency informed about the source's
activities in terms of hazardous air pollutant emissions.
In order to protect public health, adequate recordkeeping and
reporting is necessary. In the absence of such information enforcement
personnel would be unable to determine whether the standards are being
met on a continuous basis, as required by the Clean Air Act.
The information collected from recordkeeping and reporting
requirements is also used for targeting inspections, and is of
sufficient quality to be used as evidence in court. Recordkeeping and
reporting are mandatory under this regulation. Records must be
maintained for 2 years.
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. The
Federal Register document required under 5 CFR 1320.8(d), soliciting
comments on this collection of information was published on September
29, 1995.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 6,769
hours. 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. The estimated
annual costs for operation and maintenance of pollution control
equipment is $175,000. This figure was calculated using estimates
provided by a glass manufacturing industry consultant who stated that
operation and maintenance of pollution control equipment costs
approximately $2.00 per ton of glass manufactured with the average
container glass facility manufacturing 250 tons per day for 350 days
per year.
The annual average burden to industry over the next three year
period from recordkeeping and reporting requirements has been estimated
at 6,769 person hours. The respondents costs were calculated on the
basis of $17.09 per hour plus 110% overhead which equals $35.89. The
Total Annualized Cost Burden is estimated at $242,939. The estimated
number of respondents for this ICR is 47.
Send comments regarding these matters, or any aspect of the
information collection, including suggestions for reducing the burden,
to the address listed in the Address section of this Notice. Please
refer to EPA ICR No. 1081 and OMB Control No. 2060.0043 in any
correspondence.
NSPS Subpart CC: Glass Manufacturing Plants
Affected entities: Entities potentially affected by this action are
those which are subject to New Source Performance Standards (NSPS)
Subpart CC, Standards of Performance for Glass Manufacturing Plants.
Title: NSPS Subpart CC, Standards of Performance for Glass
Manufacturing Plants. OMB Control Number 2060-0054, EPA ICR Number
1131.05, Expiration date: July 31, 1999.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with Subpart CC, New
Source Performance Standards for Glass Manufacturing Plants. This
information notifies the Agency when a source becomes subject to and is
in compliance with the regulations of NSPS Subpart CC.
In the Administrator's judgement, particulate matter from glass
manufacturing plants cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare.
Therefore, New Source Performance Standards have been promulgated for
this source category as required under section 111 of the Clean Air
Act.
The control of emissions of particulate matter requires not only
the installation of properly designed equipment, but also the proper
operation and continuous maintenance of that equipment. These standards
rely on the capture of pollutants vented to a control device.
Owners or operators of glass manufacturing plants subject to NSPS
Subpart CC are required to make initial notifications for construction,
startup, and performance testing. They must also report the results of
a performance test, and demonstration of a continuous monitoring system
if applicable. After the initial recordkeeping and reporting
requirements, semiannual excess emission reports are required but only
from sources with modified processes. It is estimated that seventy five
percent of sources will have modified processes.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or malfunction in the operation of
the air pollution control device, or any periods during which the
monitoring system is inoperative. These notifications, reports and
records are required in general, of all sources subject to NSPS.
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.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
[[Page 509]]
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Burden Statement: At the writing of this ICR there are
approximately 30 sources currently subject to the standards. It is
estimated that 1.7 additional sources per year will become subject to
the standard. The current ICR estimates average burden to the industry
to be 25534 person hours. The respondent costs have been calculated on
the basis of $17.10 per hour plus 110 percent overhead rate or $35.88.
The current ICR also estimates the average annual burden to the
industry is $91,602.
The following is a breakdown of burden used in the ICR. Burden is
calculated as two hours for respondents to write the reports for:
notification of construction or reconstruction, notification of
physical or operational changes; notification of anticipated startup;
notification of actual startup; notification of initial performance
test; notification of demonstration of Continuous Operations Monitoring
(COM). Initial performance tests are allocated 160 burden hours. It is
assumed that 20% of all affected facilities will have to repeat
performance tests. Sources which have modified processes are required
to submit semiannual excess emission reports. Excess emission reports
are allocated 8 burden hours and 2 reports per year.
The recordkeeping burden is estimated to be 15 minutes to enter
records of operating parameters. It is assumed that the plant will
operate 250 days a year; therefore, this information will be recorded
250 times a year. This estimate 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 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.
Collection of Information Regarding Exposure Levels In Wood
Treatment Plants
Affected entities: Entities potentially affected by this action are
those that treat wood with preservative formulations containing
arsenic. The Standard Industrial Code for the wood preserving industry
is 2491.
Title: Wood Preservatives--Submission of Information Regarding
Arsenic Exposure Levels in Wood Treatment Plants, OMB Control Number
2070-0081, EPA ICR Number 1289.05, Expiration Date: July 31, 1999.
Abstract: This information collection provides wood treaters that
use arsenic formulations a way to exempting themselves from the Federal
Insecticide, Fungicide, and Rodenticide, Act (FIFRA) pesticide label
requirements dictating that all applicators of the product wear NIOSH-
approved respirators. This opportunity for facilities to exempt
themselves from the respirator requirements is called the Permissible
Exposure Limit Monitoring Program (PEL) and it is incorporated in the
final settlement of the ``Notice of Intent To Cancel Registrations of
Pesticide Products Containing Creosote, Pentachlorophenol (Including
Its Salts) and Inorganic Arsenic'' which is published in the July 1984,
49 FR 28674. Facilities that choose to participate in the voluntary PEL
can do the following to exempt themselves from the respirator
requirements.
First, the facility needs to conduct air monitoring for air-borne
arsenic. Facilities that have air-borne arsenic levels that are higher
than the permissible exposure limit would have to continue to require
plant personnel to wear respirators. If a facility's air-borne arsenic
levels are below the permissible exposure limit they are no longer
required to wear respirators. Depending on how close the levels are to
the permissible exposure limit, the facility is required to retest
periodically or fill out a checklist, which indicates if arsenic
exposure levels are likely to increase due to changes in the facility's
industrial process.
Owners or operators who participate in the PEL exemption must
monitor and submit an initial report with annual certification.
Additional monitoring is required only when conditions set out in the
PEL Checklist are different from those occurring during the initial
testing. Monitoring and reporting less than this would not assure that
exposure to inorganic arsenic is acceptable.
If the air level exceeds 10 ug/m3 over an eight hour
period employees will be required to wear respirators until at least
two consecutive measurements show the air arsenic levels are below 10
ug/m3. If the arsenic air levels are between 10 mg/
m3 and 5ug/m 3, monitoring must be repeated after
6 months. Monitoring may cease if the air level is 5 ug/m 3
or below unless a production, process, control, or other procedure
identified in the ``PEL Checklist'' has occurred resulting in possible
new or additional employee exposure to inorganic arsenic.
Approximately 300 participating facilities must submit the air
monitoring test results to EPA, or if arsenic levels are low and
testing is not required, then they can simply fill out the checklist
and submit it to EPA. Approximately 50 plants are required to monitor
during a given year. All submissions must certify that the information
provided is accurate.
EPA uses the certification and air monitoring data to determine if
the wood preserving facility is complying with the air-borne arsenic
levels set by the cancellation order, which was set to ensure that
plant personnel are not exposed to levels of arsenic that pose an
unacceptably high health risk. This data will also be used to monitor
which wood preserving facilities are participating in the PEL program
and thus could be exempt from the pesticide label requirement to wear a
respirator. Because the information that is submitted to EPA would not
be confidential business information, the submittals from the
facilities will not be handled as such.
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.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological
[[Page 510]]
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Burden Statement: This information collection assumes that of the
estimated 300 wood preserving plants that use arsenic formulation, 200
of these participate in the PEL program. The majority of the
participants, approximately 150, have conducted monitoring in the past
that has demonstrated that arsenic levels are well below the
permissible exposure level. These facilities that are not required to
test are required to simply fill out and submit the 6 question PEL
checklist, which asks if the facility has changed their process and in
doing so may have increased the levels of air-borne arsenic. These 150
plants will spend .75 hours on each submittal at a cost of $17.09 per
hour in wages and 110% in overhead for a total cost of $35.89 per hour.
Thus each facility will spend $26.92 for the annual submission.
Collectively, the 150 plants will spend $4,038 on filling out and
submitting the checklist.
EPA estimates that each of the approximately 50 plants that are
required to monitor during a given year will spend 17.5 hours on
preparing and conducting the tests. When calculating cost, EPA assumes
an hourly wage of $17.09 with 110% added as overhead for a total hourly
cost of $35.89. Thus, a single facility will spend approximately $628
on each test. Collectively, the 50 plants that conduct monitoring will
spend $31,400 on monitoring. The total cost for monitoring and
submittal costs is $34,438.
This estimate 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.
Dated: December 28, 1998.
Bruce R. Weddle,
Acting Director, Office of Compliance.
[FR Doc. 99-132 Filed 1-4-99; 8:45 am]
BILLING CODE 6560-50-P
