SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST 

 NUMBER 1572.10 

HAZARDOUS WASTE SPECIFIC UNIT REQUIREMENTS 

 AND 

SPECIAL WASTE PROCESSES AND TYPES 

MARCH 2011 
TABLE OF CONTENTS

Page

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 

 
 4 

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 1572.10 

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) 
 5 

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)); 
 6 

• 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)). 
 7 

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)); 
 8 

• 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: 
 9 

• 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)); 
 10 

• 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 
 11 

• 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)); 
 12 

• 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. 
 13 

• 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. 
 14 

• 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 
 15 

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. 
 16 

• 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 codisposed 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. 
 17 

 

• 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 
 18 

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 
 19 

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 
 20 

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
 21 

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 October 

26, 2010 (75 FR 65625). The public comment period extended through December 27, 2010. EPA 

received one public comment that was not applicable to this 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. 
 22 

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 
 23 

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. 
 24 

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: 
 25 

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: 
 26 

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 
 27 

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
 28 

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.” 
 29 

(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, 
 30 

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: 
 31 

• 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: 
 32 

• 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,1

 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. 

 1

 If the release has been reported pursuant to 40 CFR Part 302 (CERCLA §103), that report will satisfy this 

requirement. 
 33 

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 
 34 

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
 35 

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: 
 36 

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 
 37 

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 
 38 

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). 
 39 

• 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: 
 40 

• 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,2

 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. 

 2

 If the release has been reported pursuant to 40 CFR Part 302 (CERCLA §103), that report will satisfy this 

requirement. 
 41 

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.” 
 42 

(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: 
 43 

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
 44 

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: 
 45 

• 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; 
 46 

• 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; 
 47 

• 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 
 48 

• 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). 

i Data items: 

Data items required to comply with these requirements include:

ii Records pertaining to the inspection of the freeboard level at least once each operating day, as 

required by §265.222 (§265.226(a)); 

iii 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 

iv 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
 49 

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. 
 50 

(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
 51 

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). 
 52 

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: 
 53 

• 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: 
 54 

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 
 55 

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: 

v 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)); 

vi 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)); 

vii Records pertaining to the inspection of soil-based and admixed liners and covers for 

imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may cause an increase in the permeability of the liner or cover 

immediately after construction and installation (§264.226(a)); and 

viii 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: 

ix 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. 
 56 

(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; 
 57 

• 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
 58 

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; 
 59 

• 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 
 60 

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 
 61 

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. 
 62 

(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. 
 63 

(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: 
 64 

• 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. 
 65 

(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. 
 66 

(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. 
 67 

(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: 

i 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)); 

ii 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)); 

iii 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 

iv 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)): 
 68 

-- 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: 

v 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: 
 69 

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; 
 70 

-- 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. 
 71 

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. 
 72 

(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; 
 73 

• 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). 
 74 

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: 
 75 

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 
 76 

• 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
 77 

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 
 78 

• 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). 
 79 

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 
 80 

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: 
 81 

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: 
 82 

• 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: 

i 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)); 

ii 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)); 

iii Records pertaining to the inspection of soil-based and admixed liners and covers for 

imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may cause an increase in the permeability of the liner or cover 

immediately after construction and installation (§264.303(a)); and 

iv 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: 
 83 

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

inspections: 

v 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: 
 84 

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: 
 85 

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 
 86 

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: 

 
 87 

• 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
 88 

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: 

vi Records pertaining to the monitoring of existing instruments which relate to combustion and 

emission control every 15 minutes (§264.347(a)); 

vii 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: 

viii 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. 
 89 

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: 

ix 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; 
 90 

-- 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: 
 91 

• 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: 
 92 

• 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: 
 93 

• 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: 
 94 

• 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 
 95 

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 
 96 

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 
 97 

• 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: 
 98 

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 
 99 

• 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. 
 100 

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: 
 101 

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: 
 102 

• 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: 
 103 

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
 104 

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
 105 

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. 
 106 

(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: 
 107 

• 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; 
 108 

- 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; 
 109 

• 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; 
 110 

• 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; 
 111 

• 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: 
 112 

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; 
 113 

• 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 
 114 

• 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. 
 115 

(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 
 116 

• 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: 
 117 

-- 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. 
 118 

(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. 
 119 

(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 
 120 

• 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; 
 121 

• 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: 
 122 

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: 
 123 

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; 
 124 

-- 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; 
 125 

• 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: 
 126 

• 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: 
 127 

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. 
 128 

(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. 
 129 

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. 
 130 

(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. 
 131 

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; 
 132 

• 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
 133 

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
 134 

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 
 135 

• 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: 
 136 

• 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; 
 137 

-- 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: 
 138 

-- 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
 139 

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 
 140 

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 
 141 

(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). 
 142 

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); 
 143 

• 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
 144 

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: 
 145 

-- 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 
 146 

-- 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. 
 147 

(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
 148 

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 
 149 

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
 150 

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 
 151 

• 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: 
 152 

• 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: 
 153 

• 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: 
 154 

• 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: 
 155 

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; 
 156 

• 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: 
 157 

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. 
 158 

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 
 159 

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
 160 

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
 161 

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 1,032,373 hours per year. 

6(b) ESTIMATING RESPONDENT COSTS 

EPA estimates that the total annual respondent cost for all activities covered in this ICR is 

$43,154,199 per year. This cost includes annual labor, capital, and operation and maintenance (O&M) 
 162 

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 $109.63 

for legal staff, $77.94 for managerial staff, $37.55 for technical staff, and $21.99 for clerical staff. These 

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 non-federal Governments respondent labor cost (including 

overhead) of $58.46 for legal staff, $54.88 for managerial staff, $32.84 for technical staff, and $20.95 for 

clerical staff. These 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. 

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 $5.00 in 

postage costs for every submittal to EPA, based on the mailing cost of $5.00 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 $6,838,196. 

6(c) ESTIMATING AGENCY BURDEN AND COST

EPA estimates the Federal agency average hourly labor cost to be $80.31 for legal staff (GS-15, 

Step 5), $70.87 for managerial staff (GS-15, Step 1), $50.98 for technical staff (GS-13, Step 1), and 

$21.73 for clerical staff (GS-06, Step 1). To derive these hourly estimates, EPA referred to the General 

Schedule (GS) Salary Table 2011. This publication summarizes the unloaded (base) hourly rate for 

various labor categories in the Federal Government. EPA then applied the standard government overhead 

factor of 1.485 to the unloaded rate to derive loaded hourly rates. 

EPA estimates an average hourly State agency labor cost (including overhead) of $58.46 for legal 

staff, $54.88 for managerial staff, $32.84 for technical staff, and $20.95 for clerical staff. These 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. 
 163 

EPA assumes that EPA conducts only 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). 

 As shown in the Table 1, EPA estimates that annually a total of 5,450 facilities with specific unit 

types will be subject to the information collection requirements covered in this ICR. Of these, 89 units 

are interim status units and 5,363 are permitted units. 

As shown in the Table 1, EPA estimates that annually a total of 5,450 units will be subject to the 

information collection requirements covered in this ICR. Of these, 89 units are interim status units and 

5,363 are permitted units. 

Table 1

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 6 0 6 1,225 79 1,304 1,310

Subpart J – Tank Systems 16 0 16 1,086 18 1,104 1,120

Subpart K - Surface 

Impoundments 1 0 1 7 0 7 8

Subpart L - Waste Piles 1 1 2 14 1 15 15

Subpart M - Land Treatment 1 1 2 17 0 17 19

Subpart N - Landfills 2 0 2 83 2 85 87

Subpart O - Incinerators 0 0 0 97 2 99 99

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 1 0 1 29 2 31 32

TOTALS 81 8 89 5,052 311 5,363 5,450
 164 

Respondent Burden and Costs 

Based on the universe data presented in Table 1, 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: 

EPA estimates that these 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 these interim status units will record all inspection data, as required by 

§265.174.

Permitted facilities: 

EPA estimates that these 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 these permitted units will record all inspection data, as required by §264.174. 

TANK SYSTEMS 

Interim status facilities:

EPA estimates that these interim status tank system units are subject to 40 CFR Part 265, Subpart 

J. 

(1) Read the Regulations
 165 

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 will 

perform the paint filter liquids test an average of 40 times per year. 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 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
 166 

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 these interim status 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 will detect leakage each year. EPA estimates that 33 percent of the 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 maintains that interim status units subject to Subpart J will detect 

leaks or spills. Therefore, these 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, these 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, no 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 
 167 

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: 

EPA estimates that these 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 will make no 

free liquids demonstrations an average of 40 times per year. 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 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 these permitted units will record all inspection data, as required by §264.195.
 168 

(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 will detect leakage each year. EPA estimates that 33 percent of these 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 maintains that each year permitted units subject to Subpart J will 

detect leaks or spills. Therefore, these units will have to prepare release notifications and reports. EPA 

further estimates that leaks or spills from one percent of these units will be caused by major system 

damage. Therefore, these 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, no 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:

EPA estimates that these interim status surface impoundment units are 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 
 169 

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) 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 units. 

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 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, no units will submit action leakage rate (ALR) proposals to EPA in 

accordance with §265.222(a). The existing interim status unit will maintain the results of the action 

leakage rate analysis at the facility. 

(4) Calculating Average Daily Flow Rates

EPA estimates that, no 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, 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 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 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
 170 

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, these 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 units will record the monitoring and inspection activities as 

required by §265.226(b)(1). 

(10) Developing and Submitting Pump Operating Levels

EPA estimates that, no 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:

EPA estimates that these 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
 171 

EPA estimates that one percent of all permitted units will undertake action leakage reporting 

procedures and submit action leakage reports in response to an exceedance of action leakage levels, as 

required under §264.223(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 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, these 

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 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 will be required to remove a surface 

impoundment from service due to sudden drops in liquid levels or a leaking dike. Therefore, these units 

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, these units 

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
 172 

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:

EPA estimates that these interim status waste pile units are subject to 40 CFR Part 265, Subpart 

L. 

Permitted units:

EPA estimates that these 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 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 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 will record the monitoring and inspection activities as 

required by §264.254(c). 

LAND TREATMENT 

Interim status units:

EPA estimates that these interim status land treatment units are subject to 40 CFR Part 265, 

Subpart M. 
 173 

Permitted units:

EPA estimates that these permitted land treatment units are 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 are subject to the unsaturated-zone monitoring requirements of 40 CFR 264.278. However, EPA 

estimates that these 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:

EPA estimates that these interim status landfill unit are 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. 
 174 

(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 these units will submit action leakage rate (ALR) proposals to EPA in 

accordance with §265.302(a). EPA estimates that landfill units that are 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 these 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 these units will complete and submit a Response Action Plan (RAP) to EPA. 

EPA estimates that landfill units that are 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 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 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 will record the monitoring and inspection activities as 

required by §265.304(b). 

(9) Developing and Submitting Pump Operating Levels
 175 

EPA estimates that these 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 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 will submit a demonstration for placing nonhazardous liquid waste in a landfill. 

Permitted units:

EPA estimates that these 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 these units will calculate average daily flow rates, as specified under 

§264.302(c). 

(3) Monitoring and Inspections

EPA estimates that these permitted 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 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 these units will conduct remediation determination analyses in response to 

flow rates at the units 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
 176 

Based on previous experience, EPA estimates that 50 percent of permitted 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 will submit demonstrations for placing nonhazardous liquid waste in landfills. 

INCINERATORS 

Interim status units:

EPA estimates that these 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 these 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, these interim status units will be required to conduct waste analyses.

(4) Monitoring and Inspections 

EPA estimates that these interim status 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:

EPA estimates that permitted incinerator units are subject to 40 CFR Part 264, Subpart O. 

(1) Read the Regulations
 177 

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 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 

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

EPA estimates that 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 no 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 no 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 recertification. 

(4) Plan for Upgrading, Repairing, and Modifying the Drip Pad
 178 

Because EPA estimates that no units will enter the universe, no 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 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 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 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

EPA estimates that these 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 these interim status units with process vents are subject to 40 CFR Part 265, 

Subpart AA. 
 179 

(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, no units will implement 

control devices different from those specified in §265.1033(f), (g), and (h) and no units will be required to 

prepare this documentation. EPA estimates that all interim status units will reassess control device 

operation documentation annually, and 30 percent will modify it annually. Finally, EPA believes that all 

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 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, these 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, no units 

will be required to prepare an implementation schedule. 

EPA estimates that these interim status units will reassess their implementation schedule, and 30 

percent 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, no units will be required to prepare §265.1032 

compliance documentation. 
 180 

EPA estimates that these interim status units will reassess, file, and maintain their §265.1032 

compliance documentation, and 30 percent 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 will reassess, file, and maintain their performance test 

plan, and 30 percent 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, no units will be required to prepare 

§265.1033 compliance documentation. 

EPA estimates that all interim status units will reassess, file, and maintain §265.1033 compliance 

documentation, and that 30 percent 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, no 

units will be required to prepare design, monitoring, operation, and inspection information. 

EPA estimates that all interim status units will reassess, file, and maintain control device 

operation documentation, and 30 percent 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, no units will be required to 

document information determining applicability of §265.1032 to their unit process vents. 

EPA estimates that all interim status units will reassess, file, and maintain this documentation, 

and 30 percent will modify it annually. 

Permitted units:

EPA estimates that these 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. 
 181 

(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 these permitted units will reassess, file, and maintain control device operation 

documentation, and that 10 percent will modify it annually. 

(3) Waste Determination

Based on previous experience, EPA estimates that 10 percent of permitted units with process 

vents 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 

these permitted units will reassess, file, and maintain their implementation schedule, and 10 percent 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 will reassess, file, and maintain §264.1032 compliance 

documentation, and 10 percent 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. 
 182 

EPA estimates that all permitted units will reassess, file, and maintain their performance test plan, 

and 10 percent 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 will reassess, file, and maintain §264.1033 compliance 

documentation, and 10 percent 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 these permitted units will reassess, file, and maintain control device operation 

documentation, and that 10 percent 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 these permitted units will reassess, file, and maintain this documentation, and 

that 10 percent 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, these units will be required to submit a semiannual report. 

EQUIPMENT LEAKS 

Interim status units:

EPA estimates that these 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). 
 183 

Therefore, these 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, no 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, these 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 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, these 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, no units will be required to prepare an equipment 

record. 

EPA estimates that all interim status units will reassess, file, and maintain their equipment record, 

and 30 percent will modify it annually. 

• Implementation Schedule
 184 

This ICR assumes that existing interim status units with equipment subject to Subpart BB have 

already prepared an implementation schedule. Therefore, no units will be required to prepare an 

implementation schedule. 

EPA estimates that all interim status units will reassess, file, and maintain their implementation 

schedule, and 30 percent 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, no 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 will reassess, file, and 

maintain their performance test plan, and 30 percent 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 will reassess, file, and maintain their §265.1060 

compliance documentation, and 30 percent will modify it annually. 

• Leak Inspection Log

EPA estimates that all 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 no 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 will 

reassess, file, and maintain control device operation documentation, and 30 percent 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 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 
 185 

prepared monitoring and inspection information for each control device. Therefore no 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 will reassess, file, 

and maintain control device operation documentation, and 30 percent of these 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, no units will be required to prepare an equipment log. 

EPA estimates that all interim status units will reassess, file, and maintain their equipment log 

annually, and 30 percent 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 no 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) will reassess, file, and maintain their valve log annually, and 30 percent of these 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, no 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) will reassess, file, and maintain their valve log, and 30 percent 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, no 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) will reassess, file, and maintain their criteria log and 30 percent 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, no 

units will be required to prepare this documentation. EPA estimates that all interim status units will 

reassess, file, and maintain this documentation, and 30 percent will modify it annually. 
 186 

Permitted units:

EPA estimates that these 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, these 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 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, these 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, these 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 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, these 

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: 
 187 

• 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 will reassess, file, and maintain their equipment record, and 

10 percent 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 will reassess, file, and maintain their implementation 

schedule, and 10 percent 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 will reassess, file, and 

maintain their performance test plan, and 10 percent 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 will reassess, file, and maintain their §264.1060 

compliance documentation, and 10 percent will modify it annually. 

• Leak Inspection Log

EPA estimates that all permitted units subject to Subpart BB will have equipment leaks during the 

period covered by this ICR. Therefore, all 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 will reassess, 

file, and maintain control device operation documentation, and 10 percent will modify it annually. 
 188 

• Monitoring and Inspection Information for Other Control Devices

Based on previous experience, EPA estimates that one percent of existing permitted 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 no 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 will reassess, file, and 

maintain control device operation documentation, and 30 percent 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 will reassess, file, and maintain their equipment log, and 10 

percent 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) will reassess, file, and maintain their valve log, and 10 percent 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 will reassess, file, and 

maintain their valve log, and 10 percent 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) will reassess, file, and maintain their criteria log, and 10 percent will modify it annually. 
 189 

• 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 will reassess, file, and maintain this documentation, and 10 

percent 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 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 these 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 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 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). 
 190 

(5) Demonstration for Exemption from Secondary Containment Requirements

EPA estimates that 50 percent of the interim status 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 §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 these 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 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 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 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 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 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. 
 191 

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. 

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] 

 

152,749 $0 $609,174 $2,616,852 $3,226,026 

PRIVATE FACILITY RESPONSE BURDEN 

[FROM EXHIBIT 13a] 

 

879,624 $0 $6,229,022 $33,699,151 $39,928,173 

TOTAL NON-FEDERAL BURDEN 1,032,373 $0 $6,838,196 $36,316,003 $43,154,199 

 

TOTAL FEDERAL BURDEN [FROM 

EXHIBIT 15a] 2,479 $0 $0 $126,364 $126,364 

Respondent Tally

Exhibits 13a and b below summarize, respectively, the total annual Private and non-federal 

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 1,032,373 hours at a 

total annual cost of $43,154,199 

Agency Tally

Exhibits 15 below summarizes the total annual EPA and State burden and cost associated with all 

the requirements covered in this ICR. EPA estimates the total annual agency burden to be 2,479 hours at 

a total annual cost of $126,364. 

 
 192 

EXHIBIT 13a

TOTAL ANNUAL PRIVATE RESPONDENT BURDEN AND COST

Total Total Total Total Total

Hours per Capital Cost per O&M Cost per Labor Cost per Cost per

Year Year Year Year Year

SUBPART I

CONTAINERS 74,961 $0 $0 $2,806,809 $2,806,809

SUBPART J

TANK SYSTEMS 105,653 $0 $310,790 $3,967,882 $4,278,672

SUBPART K

SURFACE IMPOUNDMENTS 3,595 $0 $1,700 $134,900 $136,600

SUBPART L

WASTE PILES 187 $0 $0 $6,337 $6,337

SUBPART M

LAND TREATMENT 0.00 $0 $0 $0 $0

SUBPART N

LANDFILLS 2,822 $0 $36,030 $97,991 $134,021

SUBPART O

INCINERATORS 464 $0 $3 $17,406 $17,409

SUBPART X

MISCELLANEOUS UNITS 0 $0 $0 $0 $0

SUBPART W

DRIP PADS 0 $0 $0 $0 $0

SUBPART AA

PROCESS VENTS 578,188 $0 $5,642,499 $22,635,382 $28,277,881

SUBPART BB

EQUIPMENT LEAKS 112,310 $0 $200,523 $3,975,457 $4,175,980

SUBPART DD

CONTAINMENT BUILDINGS 1,446 $0 $37,477 $56,986 $94,463

PURCHASE OF FILE CABINETS 0 $0 0 0 0

TOTAL PRIVATE RESPONDENT BURDEN PER YEAR $ $0 6,229,022 879,624 $ 33,699,151 $ 39,928,173 $ 

EXHIBIT 13b

TOTAL ANNUAL GOVERNMENTS RESPONDENT BURDEN AND COST

Total Total Total Total Total

Hours per Capital Cost per O&M Cost per Labor Cost per Cost per

Year Year Year Year Year

SUBPART I

CONTAINERS 74,961 $0 $0 $59,523 $59,523

SUBPART J

TANK SYSTEMS 11,299 $0 $33,181 $370,601 $403,782

SUBPART K

SURFACE IMPOUNDMENTS 388 $0 $340 $12,719 $13,059

SUBPART L

WASTE PILES 0 $0 $0 $0 $0

SUBPART M

LAND TREATMENT 0.00 $0 $0 $0 $0

SUBPART N

LANDFILLS 0 $0 $0 $0 $0

SUBPART O

INCINERATORS 209 $0 $3 $6,849 $6,852

SUBPART X

MISCELLANEOUS UNITS 0 $0 $0 $0 $0

SUBPART W

DRIP PADS 0 $0 $0 $0 $0

SUBPART AA

PROCESS VENTS 57,618 $0 $560,258 $1,909,651 $2,469,909

SUBPART BB

EQUIPMENT LEAKS 8,258 $0 $14,032 $256,964 $270,996

SUBPART DD

CONTAINMENT BUILDINGS 17 $0 $1,360 $546 $1,906

PURCHASE OF FILE CABINETS 0 $0 0 0 0

TOTAL GOVERNMENTS RESPONDENT BURDEN PER YEAR $ $0 609,174 152,749 $ 2,616,852 $ 3,226,026 $ 
 193 

EXHIBIT 15

TOTAL ANNUAL EPA BURDEN AND COSTS

Total Total Total Total Total

Hours per Capital Cost per O&M Cost per Labor Cost per Cost per

EXHIBIT Year Year Year Year Year

SUBPART I

CONTAINERS 0 $0 $0 $0 $0

SUBPART J

TANK SYSTEMS 364 $0 $0 $18,574 $18,574

SUBPART K

SURFACE IMPOUNDMENTS 2 $0 $0 $86 $86

SUBPART L

WASTE PILES 0 $0 $0 $0 $0

SUBPART M

LAND TREATMENT 0 $0 $0 $0 $0

SUBPART N

LANDFILLS 3 $0 $0 $130 $130

SUBPART O

INCINERATORS 2 $0 $0 $82 $82

SUBPART X

MISCELLANEOUS UNITS 0 $0 $0 $0 $0

SUBPART W

DRIP PADS 0 $0 $0 $0 $0

SUBPART AA

PROCESS VENTS 735 $0 $0 $37,479 $37,479

SUBPART BB

EQUIPMENT LEAKS 1,356 $0 $0 $69,146 $69,146

SUBPART DD

CONTAINMENT BUILDINGS 18 $0 $0 $867 $867

PART 266

SPECIFIC HAZARDOUS WASTE RECOVERY/

RECYCLING FACILITIES 0 $0 $0 $0 $0

TOTAL EPA BURDEN 2,479 $0 $0 $126,364 $126,364

6(f) REASONS FOR CHANGE IN BURDEN

There is an increase of 405,897 hours in this ICR, from 626,476 to 1,032,373. There is also an 

increase of $2,897,403 in O&M costs, from $3,940,793 to $6,838,196. This increase is due to an increase 

in the number of respondents from 3,326 to 5,450, as well as a change in accounting methods. 

6(g) BURDEN STATEMENT

 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. 
 194 

EXHIBIT 16a

TOTAL PRIVATE AVERAGE RESPONDENT BURDEN

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 N/A N/A 0 0

SUBPART W

DRIP PADS 0 34 0 0

SUBPART AA

PROCESS VENTS 0 448 10 401

SUBPART BB

EQUIPMENT LEAKS 1 47 6 40

SUBPART DD

CONTAINMENT BUILDINGS 1 27 3 27

Interim Status Permitted

 
 195 

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-HQRCRA-2010-0834, 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-
 196 

1744, and the telephone number for the RCRA Docket is (202) 566-0270. An electronic version of the 

public docket is available through http://www.regulations.gov by entering the Docket ID above in the 

search form. 

 

 Use 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-2010-0834 and OMB Control No. 2050-0050 in 

any correspondence. 

 
 

EXHIBITS APPENDIX 

SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST 

NUMBER 1572.10 

HAZARDOUS WASTE SPECIFIC UNIT 

REQUIREMENTS 

AND 

SPECIAL WASTE PROCESSES AND TYPES

Pages 1-40: Exhibits 1a – 12a Annual Private Respondent Burden/Cost Estimate 

 and 1b – 12b Annual Governments Respondent Burden/Cost Estimate 

Pages 41-46: Exhibits 14a Annual EPA Burden and Cost Estimate 

 and 14b Annual States Burden and Cost Estimate
EXHIBIT 1a

CONTAINERS - INTERIM STATUS FACILITIESANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of R

ACTIVITY Year Year Cost Cost pond

Containers - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $450.61 $0.00 $0.00 Inspections (265.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,722.41 $0.00 $0.00 

SUBTOTAL 0.00 0.00 varies 0.00 varies varies varies $0.00 vEXHIBIT 1a (CONTINUED)CONTAINERS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondContainers- PermittedRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $450.61 $0.00 $0.00 Inspections (264.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,722.41 $0.00 $0.00 

SUBTOTAL 0.00 0.00 varies 0.00 varies varies varies $0.00 vGRAND TOTAL 0.00 0.00 varies 0.00 varies varies varies $0.00 v

1 
EXHIBIT 1b

CONTAINERS - INTERIM STATUS FACILITIESANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pond

Containers - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $394.08 $0.00 $0.00 Inspections (265.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,380.90 $0.00 $0.00 

SUBTOTAL 0.00 0.00 varies 0.00 varies varies varies $0.00 vEXHIBIT 1b (CONTINUED)CONTAINERS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondContainers- PermittedRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $394.08 $0.00 $0.00 Inspections (264.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,380.90 $0.00 $0.00 

SUBTOTAL 0.00 0.00 varies 0.00 varies varies varies $0.00 vGRAND TOTAL 0.00 0.00 varies 0.00 varies varies varies $0.00 v

2 
EXHIBIT 2a

TANK SYSTEMS - INTERIM STATUS FACILITIESANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of R

ACTIVITY Year Year Cost Cost pond

Tank Systems - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $450.61 $0.00 $0.00 No free liquids demonstration (265.190(a))

Perform Paint Filter Liquids Test (40 times annually) 0.00 0.00 60.00 0.00 60.00 $2,253.03 $0.00 $80.00 File test results at facility (40 times annually) 0.00 0.00 0.00 20.00 20.00 $439.71 $0.00 $0.00 

Assessment of existing tank systems' integrity (265.191)

Perform the leak test (265.191(b)(5)(i) and (ii)) 0.00 2.00 8.00 0.75 10.75 $472.78 $0.00 $1,850.00 Prepare certified assessment 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $340.00 File assessment at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Design and installation of new tank systems or components (265.192)

Prepare, review , and certify w ritten assessment 1.00 3.50 130.00 3.00 137.50 $5,329.96 $0.00 $6,300.00 Obtain w ritten statements from

 certifier of tank design and superviser of its installation 0.00 0.00 0.50 0.50 1.00 $29.77 $0.00 $0.00 

Maintain the statements at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Equivalent containment devices (265.193(d)(4))

Gather information that the device

is equivalent to a liner, vault, or double-w alled tank 1.00 2.50 20.00 2.50 26.00 $1,110.46 $0.00 $10,000.00 

Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Exemption from 24-hour leak detection requirement (265.193(e)(3)(iii))

Compile evidence that the LDS

 cannot detect failure or contamination w ithin 24 hours 1.00 1.00 10.00 1.00 13.00 $585.07 $0.00 $5,000.00 

Submit evidence to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Variance from secondary containment requirements (265.193(g))

Prepare and submit notification of intent to conduct demonstration 0.00 0.50 1.50 0.50 2.50 $106.29 $0.00 $3.00 Prepare the demonstration 0.00 1.00 20.00 1.00 22.00 $850.94 $0.00 $3,000.00 Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Annual leak tests and inspections (265.193(i))

For non-enterable underground tanks conduct leak tests (265.191(b)(5)) 0.00 0.00 8.00 0.75 8.75 $316.89 $0.00 $1,850.00 For other tanks/ancillary equipment, conduct annual leak tests/inspections 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $1,850.00 Record inspection and test results 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $0.00 

Inspections (265.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,722.41 $0.00 $0.00 

Exemption from 24-hour waste removal requirement (265.196(b))

Compile evidence that, w ithin 24 hours, enough w aste cannot be

 removed to prevent further release and allow for inspection and repair 0.00 0.50 4.00 0.50 5.00 $200.17 $0.00 $2,000.00 

Submit evidence to the Region 0.00 0.00 0.00 0.30 0.30 $6.60 $0.00 $3.00 

Release notifications and reports (265.196(d)); major repair certification (265.196(f))

Notify the Region of release 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00 Prepare report on the release 0.00 1.00 7.50 1.00 9.50 $381.56 $0.00 $0.00 Obtain certification 0.00 0.00 2.00 0.50 2.50 $86.09 $0.00 $340.00 Submit certification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Decontamination demonstration (265.197)

Prepare decontamination demonstration 0.00 0.50 3.00 0.50 4.00 $162.62 $0.00 $600.00 Submit demonstration to EPA 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Waste analysis and trial tests (265.200)

Conduct w aste analyses and trial tests 0.00 0.00 5.00 0.00 5.00 $187.75 $0.00 $750.00 Obtain w ritten, documented information to show that the 

 proposed treatment or storage w ill meet the requirements of §265.194(a) 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $0.00 

SUBTOTAL varies varies varies varies varies varies varies varies v

3
EXHIBIT 2a (CONTINUED)

TANK SYSTEMS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondTank Systems - PermittedRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $450.61 $0.00 $0.00 No free liquids demonstration (264.190(a)) Perform Paint Filter Liquids Tests (40 times annually) 0.00 0.00 60.00 0.00 60.00 $2,253.03 $0.00 $80.00  File test results at facility (40 times annually) 0.00 0.00 0.00 20.00 20.00 $439.71 $0.00 $0.00 Assessment of existing tank systems' integrity (264.191) Perform the leak test (265.191(b)(5)(i) and (ii)) 0.00 2.00 8.00 0.75 10.75 $472.78 $0.00 $1,850.00  Prepare certified assessment 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $340.00  File assessment at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 Design and installation of new tank systems or components (264.192) Obtain w ritten statements from those w ho certified the tank system design and supervised its installation 0.00 0.00 0.50 0.50 1.00 $29.77 $0.00 $0.00  Maintain statements at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 Annual leak tests and inspections (264.193(i)) For non-enterable underground tanks, conduct a leak test (264.191(b)(5)) 0.00 0.00 8.00 0.75 8.75 $316.89 $0.00 $1,850.00  For all other tanks and ancillary equipment, conduct annual leak tests or develop a schedule for assessing the condition of the tank system 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $1,850.00  Record inspections and test results 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $0.00 Inspections (264.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,722.41 $0.00 $0.00 

Exemption from the 24-hour waste removal requirement (264.196(b)) Compile evidence that, w ithin 24 hours, enough w aste cannot be removed to prevent further release and allow for inspection and repair 0.00 0.50 4.00 0.50 5.00 $200.17 $0.00 $1,850.00  Submit evidence to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Release notifications and reports (264.196(d)); major repair certifications (264.196(f)) Notify the Region of release 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00  Prepare report on the release 0.00 1.00 7.50 1.00 9.50 $381.56 $0.00 $0.00  Obtain certification 0.00 0.00 2.00 0.50 2.50 $86.09 $0.00 $340.00  Submit certification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Decontamination demonstration (264.197) Prepare decontamination demonstration 0.00 0.50 3.00 0.50 4.00 $162.62 $0.00 $600.00  Submit demonstration to EPA 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

4
EXHIBIT 2b

TANK SYSTEMS - INTERIM STATUS FACILITIESANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pond

Tank Systems - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $394.08 $0.00 $0.00 No free liquids demonstration (265.190(a))

Perform Paint Filter Liquids Test (40 times annually) 0.00 0.00 60.00 0.00 60.00 $1,970.40 $0.00 $80.00 File test results at facility (40 times annually) 0.00 0.00 0.00 20.00 20.00 $419.00 $0.00 $0.00 

Assessment of existing tank systems' integrity (265.191)

Perform the leak test (265.191(b)(5)(i) and (ii)) 0.00 2.00 8.00 0.75 10.75 $388.19 $0.00 $1,850.00 Prepare certified assessment 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $340.00 File assessment at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Design and installation of new tank systems or components (265.192)

Prepare, review , and certify w ritten assessment 1.00 3.50 130.00 3.00 137.50 $4,582.59 $0.00 $6,300.00 Obtain w ritten statements from

 certifier of tank design and superviser of its installation 0.00 0.00 0.50 0.50 1.00 $26.90 $0.00 $0.00 

Maintain the statements at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Equivalent containment devices (265.193(d)(4))

Gather information that the device

is equivalent to a liner, vault, or double-w alled tank 1.00 2.50 20.00 2.50 26.00 $904.84 $0.00 $10,000.00 

Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Exemption from 24-hour leak detection requirement (265.193(e)(3)(iii))

Compile evidence that the LDS

 cannot detect failure or contamination w ithin 24 hours 1.00 1.00 10.00 1.00 13.00 $462.69 $0.00 $5,000.00 

Submit evidence to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Variance from secondary containment requirements (265.193(g))

Prepare and submit notification of intent to conduct demonstration 0.00 0.50 1.50 0.50 2.50 $87.18 $0.00 $3.00 Prepare the demonstration 0.00 1.00 20.00 1.00 22.00 $732.63 $0.00 $3,000.00 Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Annual leak tests and inspections (265.193(i))

For non-enterable underground tanks conduct leak tests (265.191(b)(5)) 0.00 0.00 8.00 0.75 8.75 $278.43 $0.00 $1,850.00 For other tanks/ancillary equipment, conduct annual leak tests/inspections 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $1,850.00 Record inspection and test results 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $0.00 

Inspections (265.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,380.90 $0.00 $0.00 

Exemption from 24-hour waste removal requirement (265.196(b))

Compile evidence that, w ithin 24 hours, enough w aste cannot be

 removed to prevent further release and allow for inspection and repair 0.00 0.50 4.00 0.50 5.00 $169.28 $0.00 $2,000.00 

Submit evidence to the Region 0.00 0.00 0.00 0.30 0.30 $6.29 $0.00 $3.00 

Release notifications and reports (265.196(d)); major repair certification (265.196(f))

Notify the Region of release 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00 Prepare report on the release 0.00 1.00 7.50 1.00 9.50 $322.13 $0.00 $0.00 Obtain certification 0.00 0.00 2.00 0.50 2.50 $76.16 $0.00 $340.00 Submit certification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Decontamination demonstration (265.197)

Prepare decontamination demonstration 0.00 0.50 3.00 0.50 4.00 $136.44 $0.00 $600.00 Submit demonstration to EPA 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Waste analysis and trial tests (265.200)

Conduct w aste analyses and trial tests 0.00 0.00 5.00 0.00 5.00 $164.20 $0.00 $750.00 Obtain w ritten, documented information to show that the 

 proposed treatment or storage w ill meet the requirements of §265.194(a) 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $0.00 

SUBTOTAL varies varies varies varies varies varies varies varies 

5
EXHIBIT 2b (CONTINUED)

TANK SYSTEMS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondTank Systems - PermittedRead the Regulations Read the Regulations 0.00 0.00 12.00 0.00 12.00 $394.08 $0.00 $0.00 No free liquids demonstration (264.190(a)) Perform Paint Filter Liquids Tests (40 times annually) 0.00 0.00 60.00 0.00 60.00 $1,970.40 $0.00 $80.00  File test results at facility (40 times annually) 0.00 0.00 0.00 20.00 20.00 $419.00 $0.00 $0.00 Assessment of existing tank systems' integrity (264.191) Perform the leak test (265.191(b)(5)(i) and (ii)) 0.00 2.00 8.00 0.75 10.75 $388.19 $0.00 $1,850.00  Prepare certified assessment 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $340.00  File assessment at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 Design and installation of new tank systems or components (264.192) Obtain w ritten statements from those w ho certified the tank system design and supervised its installation 0.00 0.00 0.50 0.50 1.00 $26.90 $0.00 $0.00  Maintain statements at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 Annual leak tests and inspections (264.193(i)) For non-enterable underground tanks, conduct a leak test (264.191(b)(5)) 0.00 0.00 8.00 0.75 8.75 $278.43 $0.00 $1,850.00  For all other tanks and ancillary equipment, conduct annual leak tests or develop a schedule for assessing the condition of the tank system 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $1,850.00  Record inspections and test results 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $0.00 Inspections (264.195)

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,380.90 $0.00 $0.00 

Exemption from the 24-hour waste removal requirement (264.196(b)) Compile evidence that, w ithin 24 hours, enough w aste cannot be removed to prevent further release and allow for inspection and repair 0.00 0.50 4.00 0.50 5.00 $169.28 $0.00 $1,850.00  Submit evidence to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Release notifications and reports (264.196(d)); major repair certifications (264.196(f)) Notify the Region of release 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00  Prepare report on the release 0.00 1.00 7.50 1.00 9.50 $322.13 $0.00 $0.00  Obtain certification 0.00 0.00 2.00 0.50 2.50 $76.16 $0.00 $340.00  Submit certification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Decontamination demonstration (264.197) Prepare decontamination demonstration 0.00 0.50 3.00 0.50 4.00 $136.44 $0.00 $600.00  Submit demonstration to EPA 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

6
EXHIBIT 3a

SURFACE IMPOUNDMENTS - INTERIM STATUSANNUAL RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondSurface Impoundments - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 5.00 0.00 5.00 $187.75 $0.00 $0.00 Design and operating requirements (265.221) and (265.222) Prepare and submit w ritten assessment of  alternative design and operating practices to EPA or authorized State 1.00 1.00 2.00 1.00 5.00 $284.66 $0.00 $5,000.00  File and maintain assessment and related data at facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Prepare and submit the notification of intent 0.00 1.00 0.00 0.25 1.25 $83.44 $0.00 $3.00  Prepare w ritten identification of alternate design features or operating plans to prevent overtopping of a dike 0.00 0.00 3.00 0.50 3.50 $123.64 $0.00 $0.00  Obtain certification that alternate design/operating plans prevent overtopping 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $340.00 

Maintain certification and written identification at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Develop and Submit Action Leakage Rates (265.222(a))

Develop and submit to EPA 0.00 1.00 2.50 1.00 4.50 $193.80 $0.00 $3,750.00 Maintain results of analyses 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Calculate Average Daily Flow Rates (265.222(c))

Calculate flow rates 0.00 0.50 20.00 0.50 21.00 $800.97 $0.00 $0.00 

Reporting and Recordkeeping of Response Action Plans (265.223(a))

Complete the RAP 0.00 20.00 40.00 1.00 61.00 $3,082.85 $0.00 $0.00 Submit the RAP to EPA 0.00 0.00 0.00 0.20 0.20 $4.40 $0.00 $3.00 Maintain records of analyses 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Action Leakage Reporting (265.223(b)) $0.00

Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $3.00 Submit a w ritten assessment to theRegional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $173.61 $0.00 $3.00 Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $10,483.74 $0.00 $0.00 Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $819.07 $0.00 $0.00 Determine w hether w aste should be

 removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $856.99 $0.00 $0.00 

Determine short-term and long-term actions necessary to mitigate the leak 0.00 4.00 30.00 2.00 36.00 $1,482.26 $0.00 $0.00 Compile and submit information to EPA

 each month the ALR is exceeded (average of 6 times per year) 0.00 0.00 6.00 6.00 12.00 $357.22 $0.00 $18.00 

Remediation Determination Analyses (265.223(c))

Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $762.38 $0.00 $800.00 

Waste analysis and trial tests (265.225)

Conduct w aste analyses 0.00 0.00 5.00 0.00 5.00 $187.75 $0.00 $750.00 Obtain w ritten, documented information to show 

 that the treatment w ill comply w ith §265.17(b) 0.00 0.00 1.00 0.50 1.50 $48.54 $0.00 $0.00 

Monitoring and Inspections (265.226(b)(1))

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,722.41 $0.00 $0.00 

Develop and Submit Pump Operating Level (265.226(b)(3))

Develop and submit to EPA 0.00 0.00 3.75 0.00 3.75 $140.81 $0.00 $3.00 Maintain results of analyses 0.00 0.00 0.00 0.25 0.25 $5.50 $0.00 $0.00 

Requirements for ignitable or reactive waste (265.229)

Obtain the certification (265.229) 0.00 0.00 2.50 1.00 3.50 $115.86 $0.00 $340.00 Maintain the certification and related data at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Closure (265.113(e)) Prepare and submit contingent corrective measures plan 0.00 0.00 8.00 0.50 8.50 $311.40 $0.00 $5,000.00  Prepare and submit hazardous w aste removal plan 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $3.00  Prepare and submit extension request 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $3.00  Prepare and submit corrective action report (2 times annually) 0.00 0.00 2.00 0.25 2.25 $80.60 $0.00 $18.00 TOTAL varies varies varies varies varies varies varies varies v

7 
EXHIBIT 3a (CONTINUED)

SURFACE IMPOUNDMENTS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondSurface Impoundments - PermittedRead the Regulations Read the regulations 0.00 0.00 5.00 0.00 5.00 $187.75 $0.00 $0.00 Calculate Average Daily Flow Rates (264.222(c)) Calculate flow rates 0.00 0.50 20.00 0.50 21.00 $800.97 $0.00 $0.00 Action Leakage Reporting (264.223(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $173.61 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $10,483.74 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $819.07 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $856.99 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 5.90 29.50 1.90 37.30 $1,609.37 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded (average of 6 times per year) 0.00 0.00 6.00 6.00 12.00 $357.22 $0.00 $18.00 Remediation Determination Analyses (264.223(c)) Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $762.38 $0.00 $800.00 Dike re-certification (264.226(c))

Obtain certification that the impoundment's dike has structural integrity 0.00 0.00 3.00 0.50 3.50 $123.64 $0.00 $340.00 Maintain certification and related data at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Monitoring and Inspections (264.226(d)(1))

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,722.41 $0.00 $0.00 

Emergency repairs and contingency plans (264.227)

Notify the Region in w riting 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00 Maintain related data 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

 Obtain certification 0.00 0.00 2.00 0.50 2.50 $86.09 $0.00 $340.00  Maintain certification on file 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 Closure (264.113(e)) Prepare and submit contingent corrective measures plan 0.00 0.00 8.00 0.50 8.50 $311.40 $0.00 $5,000.00  Prepare and submit hazardous w aste removal plan 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $3.00  Prepare and submit extension request 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $3.00  Prepare and submit corrective action report (2 times annually) 0.00 0.00 2.00 0.25 2.25 $80.60 $0.00 $18.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

8 
EXHIBIT 3b

SURFACE IMPOUNDMENTS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondSurface Impoundments - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 5.00 0.00 5.00 $164.20 $0.00 $0.00 Design and operating requirements (265.221) and (265.222) Prepare and submit w ritten assessment of  alternative design and operating practices to EPA or authorized State 1.00 1.00 2.00 1.00 5.00 $199.97 $0.00 $5,000.00  File and maintain assessment and related data at facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Prepare and submit the notification of intent 0.00 1.00 0.00 0.25 1.25 $60.12 $0.00 $3.00  Prepare w ritten identification of alternate design features or operating plans to prevent overtopping of a dike 0.00 0.00 3.00 0.50 3.50 $109.00 $0.00 $0.00  Obtain certification that alternate design/operating plans prevent overtopping 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $340.00 

Maintain certification and written identification at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Develop and Submit Action Leakage Rates (265.222(a))

Develop and submit to EPA 0.00 1.00 2.50 1.00 4.50 $157.93 $0.00 $3,750.00 Maintain results of analyses 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Calculate Average Daily Flow Rates (265.222(c))

Calculate flow rates 0.00 0.50 20.00 0.50 21.00 $694.72 $0.00 $0.00 

Reporting and Recordkeeping of Response Action Plans (265.223(a))

Complete the RAP 0.00 20.00 40.00 1.00 61.00 $2,432.15 $0.00 $0.00 Submit the RAP to EPA 0.00 0.00 0.00 0.20 0.20 $4.19 $0.00 $3.00 Maintain records of analyses 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Action Leakage Reporting (265.223(b)) $0.00

Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $3.00 Submit a w ritten assessment to theRegional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $146.91 $0.00 $3.00 Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $8,867.98 $0.00 $0.00 Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $678.19 $0.00 $0.00 Determine w hether w aste should be

 removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $726.36 $0.00 $0.00 

Determine short-term and long-term actions necessary to mitigate the leak 0.00 4.00 30.00 2.00 36.00 $1,246.62 $0.00 $0.00 Compile and submit information to EPA

 each month the ALR is exceeded (average of 6 times per year) 0.00 0.00 6.00 6.00 12.00 $322.74 $0.00 $18.00 

Remediation Determination Analyses (265.223(c))

Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $613.60 $0.00 $800.00 

Waste analysis and trial tests (265.225)

Conduct w aste analyses 0.00 0.00 5.00 0.00 5.00 $164.20 $0.00 $750.00 Obtain w ritten, documented information to show 

 that the treatment w ill comply w ith §265.17(b) 0.00 0.00 1.00 0.50 1.50 $43.32 $0.00 $0.00 

Monitoring and Inspections (265.226(b)(1))

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,380.90 $0.00 $0.00 

Develop and Submit Pump Operating Level (265.226(b)(3))

Develop and submit to EPA 0.00 0.00 3.75 0.00 3.75 $123.15 $0.00 $3.00 Maintain results of analyses 0.00 0.00 0.00 0.25 0.25 $5.24 $0.00 $0.00 

Requirements for ignitable or reactive waste (265.229)

Obtain the certification (265.229) 0.00 0.00 2.50 1.00 3.50 $103.05 $0.00 $340.00 Maintain the certification and related data at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Closure (265.113(e)) Prepare and submit contingent corrective measures plan 0.00 0.00 8.00 0.50 8.50 $273.20 $0.00 $5,000.00  Prepare and submit hazardous w aste removal plan 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $3.00  Prepare and submit extension request 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $3.00  Prepare and submit corrective action report (2 times annually) 0.00 0.00 2.00 0.25 2.25 $70.92 $0.00 $18.00 TOTAL varies varies varies varies varies varies varies varies 

9
EXHIBIT 3b (CONTINUED)

SURFACE IMPOUNDMENTS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondSurface Impoundments - PermittedRead the Regulations Read the regulations 0.00 0.00 5.00 0.00 5.00 $164.20 $0.00 $0.00 Calculate Average Daily Flow Rates (264.222(c)) Calculate flow rates 0.00 0.50 20.00 0.50 21.00 $694.72 $0.00 $0.00 Action Leakage Reporting (264.223(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $146.91 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $8,867.98 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $678.19 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $726.36 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 5.90 29.50 1.90 37.30 $1,332.38 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded (average of 6 times per year) 0.00 0.00 6.00 6.00 12.00 $322.74 $0.00 $18.00 Remediation Determination Analyses (264.223(c))

 Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $613.60 $0.00 $800.00 Dike re-certification (264.226(c))

Obtain certification that the impoundment's dike has structural integrity 0.00 0.00 3.00 0.50 3.50 $109.00 $0.00 $340.00 Maintain certification and related data at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Monitoring and Inspections (264.226(d)(1))

Record all inspection data 0.00 0.00 72.50 0.00 72.50 $2,380.90 $0.00 $0.00 

Emergency repairs and contingency plans (264.227)

Notify the Region in w riting 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00 Maintain related data 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

 Obtain certification 0.00 0.00 2.00 0.50 2.50 $76.16 $0.00 $340.00  Maintain certification on file 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 Closure (264.113(e)) Prepare and submit contingent corrective measures plan 0.00 0.00 8.00 0.50 8.50 $273.20 $0.00 $5,000.00  Prepare and submit hazardous w aste removal plan 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $3.00  Prepare and submit extension request 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $3.00  Prepare and submit corrective action report (2 times annually) 0.00 0.00 2.00 0.25 2.25 $70.92 $0.00 $18.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

10
EXHIBIT 4a

WASTE PILES - INTERIM STATUSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondWaste Piles - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Waste analysis (265.252) Conduct w aste analyses 0.00 0.00 5.00 0.00 5.00 $187.75 $0.00 $750.00 Exemption from design and operating requirements (265.254) Gather the information necessary for exemption from liner/leachate system requirements 0.00 0.50 8.00 1.00 9.50 $361.36 $0.00 $25,000.00  Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Variance from design and operating requirements (265.254) Gather the information necessary for variance from liner/leachate system requirements 0.00 0.50 8.00 1.00 9.50 $361.36 $0.00 $25,000.00 

Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Develop and Submit Action Leakage Rates (265.255(a)) Develop and submit to EPA 0.00 1.00 2.50 1.00 4.50 $193.80 $0.00 $3,750.00  Maintain results of analyses 0.00 0.00 0.00 1.00 1.00 $21.99 $0.00 $0.00 Calculate Average Daily Flow Rates (265.255(c)) Calculate average daily flow rates 0.00 0.50 20.00 0.50 21.00 $800.97 $0.00 $0.00 Reporting and Recordkeeping of Response Action Plans (265.259(a)) Complete the RAP 0.00 20.00 40.00 1.00 61.00 $3,082.85 $0.00 $0.00  Submit the RAP to EPA 0.00 0.00 0.00 0.20 0.20 $4.40 $0.00 $3.00  Maintain records of analyses 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 Action Leakage Reporting (265.259(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $173.61 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $10,483.74 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $819.07 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $856.99 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 4.00 30.00 2.00 36.00 $1,482.26 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded 0.00 0.00 6.00 0.00 6.00 $225.30 $0.00 $18.00 Remediation Determination Analyses (265.259(c)) Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $762.38 $0.00 $800.00 Monitoring and Inspections (265.260) Record all inspection data 0.00 0.00 13.00 4.00 17.00 $576.10 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies v

11
EXHIBIT 4a (CONTINUED)

WASTE PILES - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondWaste Piles - PermittedRead the Regulations Read the Regulations 0.00 0.00 0.25 0.00 0.25 $9.39 $0.00 $0.00 Calculate Average Daily Flow Rates (264.252(c)) Calculate average daily flow rates 0.00 0.50 20.00 0.50 21.00 $800.97 $0.00 $0.00 Action Leakage Reporting (264.253(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $173.61 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $10,483.74 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $819.07 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $856.99 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 4.00 30.00 2.00 36.00 $1,482.26 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded 0.00 0.00 6.00 6.00 12.00 $357.22 $0.00 $18.00 Remediation Determination Analyses (264.253(c)) Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $762.38 $0.00 $800.00 Monitoring and Inspections (264.254(c)) Record all inspection data 0.00 0.00 13.00 4.00 17.00 $576.10 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

12
EXHIBIT 4b

WASTE PILES - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondWaste Piles - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Waste analysis (265.252) Conduct w aste analyses 0.00 0.00 5.00 0.00 5.00 $164.20 $0.00 $750.00 Exemption from design and operating requirements (265.254) Gather the information necessary for exemption from liner/leachate system requirements 0.00 0.50 8.00 1.00 9.50 $311.11 $0.00 $25,000.00  Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Variance from design and operating requirements (265.254) Gather the information necessary for variance from liner/leachate system requirements 0.00 0.50 8.00 1.00 9.50 $311.11 $0.00 $25,000.00 

Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Develop and Submit Action Leakage Rates (265.255(a)) Develop and submit to EPA 0.00 1.00 2.50 1.00 4.50 $157.93 $0.00 $3,750.00  Maintain results of analyses 0.00 0.00 0.00 1.00 1.00 $20.95 $0.00 $0.00 Calculate Average Daily Flow Rates (265.255(c)) Calculate average daily flow rates 0.00 0.50 20.00 0.50 21.00 $694.72 $0.00 $0.00 Reporting and Recordkeeping of Response Action Plans (265.259(a)) Complete the RAP 0.00 20.00 40.00 1.00 61.00 $2,432.15 $0.00 $0.00  Submit the RAP to EPA 0.00 0.00 0.00 0.20 0.20 $4.19 $0.00 $3.00  Maintain records of analyses 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 Action Leakage Reporting (265.259(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $146.91 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $8,867.98 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $678.19 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $726.36 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 4.00 30.00 2.00 36.00 $1,246.62 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded 0.00 0.00 6.00 0.00 6.00 $197.04 $0.00 $18.00 Remediation Determination Analyses (265.259(c))

 Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $613.60 $0.00 $800.00 Monitoring and Inspections (265.260) Record all inspection data 0.00 0.00 13.00 4.00 17.00 $510.72 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies 

13
EXHIBIT 4b (CONTINUED)

WASTE PILES - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondWaste Piles - PermittedRead the Regulations Read the Regulations 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 $0.00 Calculate Average Daily Flow Rates (264.252(c)) Calculate average daily flow rates 0.00 0.50 20.00 0.50 21.00 $694.72 $0.00 $0.00 Action Leakage Reporting (264.253(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $146.91 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $8,867.98 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 15.00 1.00 19.00 $678.19 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 2.00 17.50 2.00 21.50 $726.36 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 4.00 30.00 2.00 36.00 $1,246.62 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded 0.00 0.00 6.00 6.00 12.00 $322.74 $0.00 $18.00 Remediation Determination Analyses (264.253(c))

 Conduct remediation determination analyses 0.00 4.00 12.00 0.00 16.00 $613.60 $0.00 $800.00 Monitoring and Inspections (264.254(c)) Record all inspection data 0.00 0.00 13.00 4.00 17.00 $510.72 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

14
EXHIBIT 5a 

LAND TREATMENT - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondLand Treatment - PermittedRead the regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00 Food-chain crops (264.276)

 Maintain food-chain crop documentation at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Develop and maintain operating plan (264.276(b)(2)(iii)) 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $0.00 Unsaturated zone monitoring (264.278) Prepare and submit a notice of statistically significant increases 0.00 0.50 10.00 1.00 11.50 $436.46 $0.00 $0.00  Prepare and submit notice of intent to make a demonstration 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00  Prepare and submit report 0.00 2.00 6.00 2.00 10.00 $425.16 $0.00 $3.00 Closure and post-closure care (264.280)

Obtain certification of closure 0.00 0.00 0.50 0.50 1.00 $29.77 $0.00 $340.00 Submit the certification to EPA 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Prepare and submit the demonstration 0.00 10.00 80.00 10.00 100.00 $4,003.32 $0.00 $9,000.00 

SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

15
EXHIBIT 5b 

LAND TREATMENT - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondLand Treatment - PermittedRead the regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00 Food-chain crops (264.276)

 Maintain food-chain crop documentation at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Develop and maintain operating plan (264.276(b)(2)(iii)) 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $0.00 Unsaturated zone monitoring (264.278) Prepare and submit a notice of statistically significant increases 0.00 0.50 10.00 1.00 11.50 $376.79 $0.00 $0.00  Prepare and submit notice of intent to make a demonstration 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00  Prepare and submit report 0.00 2.00 6.00 2.00 10.00 $348.70 $0.00 $3.00 Closure and post-closure care (264.280)

Obtain certification of closure 0.00 0.00 0.50 0.50 1.00 $26.90 $0.00 $340.00 Submit the certification to EPA 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Prepare and submit the demonstration 0.00 10.00 80.00 10.00 100.00 $3,385.50 $0.00 $9,000.00 

SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

16
EXHIBIT 6a

LANDFILLS - INTERIM STATUSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondLandfills - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00 Design Requirements (265.301)

Prepare and submit notification of intention to receive w aste 0.00 0.00 0.00 0.25 0.25 $5.50 $0.00 $3.00 Collect the required information 0.00 0.50 7.25 0.50 8.25 $322.21 $0.00 $0.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Collect the required information for w aiver of the double liner requirement 0.00 1.00 8.00 1.00 10.00 $400.33 $0.00 $25,000.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

Develop and Submit Action Leakage Rates (265.302(a))

Develop and submit to EPA 0.00 1.00 2.50 1.00 4.50 $193.80 $0.00 $3,750.00 Maintain results of analyses 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Calculate Average Daily Flow Rates (265.302(c))

Calculate flow rates 0.00 0.50 20.00 0.50 21.00 $800.97 $0.00 $0.00 

Reporting and Recordkeeping of Response Action Plans (265.303(a))

Complete the RAP 0.00 20.00 40.00 1.00 61.00 $3,082.85 $0.00 $0.00 Submit the RAP to EPA 0.00 0.00 0.00 0.20 0.20 $4.40 $0.00 $3.00 Maintain records of analyses 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Action Leakage Reporting (265.303(b))

Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $3.00 Submit a w ritten assessment to theRegional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $173.61 $0.00 $3.00 Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $10,483.74 $0.00 $0.00 Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 20.00 1.00 24.00 $1,006.82 $0.00 $0.00 Determine w hether w aste should be

 removed from the unit or the unit should be closed dow n 0.00 3.00 3.50 1.00 7.50 $387.24 $0.00 $0.00 

Determine short-term and long-term actions necessary to mitigate the leak 0.00 6.00 30.00 2.00 38.00 $1,638.14 $0.00 $0.00 Compile and submit information to EPA

 each month the ALR is exceeded (6 times a year) 0.00 0.00 1.00 1.00 2.00 $59.54 $0.00 $18.00 

Remediation Determination Analyses (265.303(c))

Conduct remediation determination analyses 0.00 11.00 76.00 8.00 95.00 $3,887.09 $0.00 $36,000.00 

Monitoring and Inspections (265.304(b))

Record all inspection data 0.00 0.00 26.00 4.00 30.00 $1,064.26 $0.00 $3.00 

Develop and Submit Pump Operating Level (265.304(c))

Develop and submit to EPA 0.00 0.00 3.75 0.50 4.25 $151.81 $0.00 $0.00 

Special requirements for bulk and containerized liquids (265.314)

Record and file the observation results 0.00 0.00 2.00 10.00 12.00 $294.96 $0.00 $0.00 Gather information necessary for the demonstration (265.314(f)) 0.00 0.00 8.00 0.50 8.50 $311.40 $0.00 $0.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

SUBTOTAL varies varies varies varies varies varies varies varies v

17
EXHIBIT 6a (CONTINUED)

LANDFILLS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondLandfills - PermittedRead the Regulations Read the Regulations 0.00 11.00 2.00 0.00 13.00 $932.47 $0.00 $0.00 Calculate Average Daily Flow Rates (264.302(c)) Calculate average daily flow rates 0.00 0.50 20.00 0.50 21.00 $800.97 $0.00 $0.00 Monitoring and Inspections (264.303(c)(1)) Record all inspection data 0.00 0.00 26.00 4.00 30.00 $1,064.26 $0.00 $0.00 Action Leakage Reporting (264.304(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $173.61 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $10,483.74 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 20.00 1.00 24.00 $1,006.82 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 3.00 3.50 1.00 7.50 $387.24 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 6.00 30.00 2.00 38.00 $1,638.14 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded 0.00 0.00 6.00 6.00 12.00 $357.22 $0.00 $18.00 Remediation Determination Analyses (264.304(c)) Conduct remediation determination analyses 0.00 11.00 76.00 8.00 95.00 $3,887.09 $0.00 $36,000.00 Special requirements for bulk and containerized liquids (264.314)

Record and file the observation results 0.00 0.00 2.00 10.00 12.00 $294.96 $0.00 $0.00 Gather information necessary for the demonstration (265.314(f)) 0.00 0.00 8.00 0.50 8.50 $311.40 $0.00 $0.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

18
EXHIBIT 6b

LANDFILLS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondLandfills - Interim StatusRead the Regulations Read the Regulations 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00 Design Requirements (265.301)

Prepare and submit notification of intention to receive w aste 0.00 0.00 0.00 0.25 0.25 $5.24 $0.00 $3.00 Collect the required information 0.00 0.50 7.25 0.50 8.25 $276.01 $0.00 $0.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Collect the required information for w aiver of the double liner requirement 0.00 1.00 8.00 1.00 10.00 $338.55 $0.00 $25,000.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

Develop and Submit Action Leakage Rates (265.302(a))

Develop and submit to EPA 0.00 1.00 2.50 1.00 4.50 $157.93 $0.00 $3,750.00 Maintain results of analyses 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Calculate Average Daily Flow Rates (265.302(c))

Calculate flow rates 0.00 0.50 20.00 0.50 21.00 $694.72 $0.00 $0.00 

Reporting and Recordkeeping of Response Action Plans (265.303(a))

Complete the RAP 0.00 20.00 40.00 1.00 61.00 $2,432.15 $0.00 $0.00 Submit the RAP to EPA 0.00 0.00 0.00 0.20 0.20 $4.19 $0.00 $3.00 Maintain records of analyses 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Action Leakage Reporting (265.303(b))

Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $3.00 Submit a w ritten assessment to theRegional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $146.91 $0.00 $3.00 Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $8,867.98 $0.00 $0.00 Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 20.00 1.00 24.00 $842.39 $0.00 $0.00 Determine w hether w aste should be

 removed from the unit or the unit should be closed dow n 0.00 3.00 3.50 1.00 7.50 $300.53 $0.00 $0.00 

Determine short-term and long-term actions necessary to mitigate the leak 0.00 6.00 30.00 2.00 38.00 $1,356.38 $0.00 $0.00 Compile and submit information to EPA

 each month the ALR is exceeded (6 times a year) 0.00 0.00 1.00 1.00 2.00 $53.79 $0.00 $18.00 

Remediation Determination Analyses (265.303(c))

Conduct remediation determination analyses 0.00 11.00 76.00 8.00 95.00 $3,267.12 $0.00 $36,000.00 

Monitoring and Inspections (265.304(b))

Record all inspection data 0.00 0.00 26.00 4.00 30.00 $937.64 $0.00 $3.00 

Develop and Submit Pump Operating Level (265.304(c))

Develop and submit to EPA 0.00 0.00 3.75 0.50 4.25 $133.63 $0.00 $0.00 

Special requirements for bulk and containerized liquids (265.314)

Record and file the observation results 0.00 0.00 2.00 10.00 12.00 $275.18 $0.00 $0.00 Gather information necessary for the demonstration (265.314(f)) 0.00 0.00 8.00 0.50 8.50 $273.20 $0.00 $0.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

SUBTOTAL varies varies varies varies varies varies varies varies 

19
EXHIBIT 6b (CONTINUED)

LANDFILLS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondLandfills - PermittedRead the Regulations Read the Regulations 0.00 11.00 2.00 0.00 13.00 $669.36 $0.00 $0.00 Calculate Average Daily Flow Rates (264.302(c)) Calculate average daily flow rates 0.00 0.50 20.00 0.50 21.00 $694.72 $0.00 $0.00 Monitoring and Inspections (264.303(c)(1)) Record all inspection data 0.00 0.00 26.00 4.00 30.00 $937.64 $0.00 $0.00 Action Leakage Reporting (264.304(b)) Notify EPA, in w riting, of the exceedence w ithin 7 days 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $3.00  Submit a w ritten assessment to the Regional Administrator w ithin 14 days of the determination 0.00 0.50 3.00 1.00 4.50 $146.91 $0.00 $3.00  Determine the location, size, and cause of any leak 0.00 26.00 210.00 26.00 262.00 $8,867.98 $0.00 $0.00  Determine w hether the unit should stop or curtail w aste receipt 0.00 3.00 20.00 1.00 24.00 $842.39 $0.00 $0.00  Determine w hether w aste should be removed from the unit or the unit should be closed dow n 0.00 3.00 3.50 1.00 7.50 $300.53 $0.00 $0.00  Determine short-term and long-term actions necessary to mitigate the leak 0.00 6.00 30.00 2.00 38.00 $1,356.38 $0.00 $0.00  Compile and submit information to EPA each month the ALR is exceeded 0.00 0.00 6.00 6.00 12.00 $322.74 $0.00 $18.00 Remediation Determination Analyses (264.304(c))

 Conduct remediation determination analyses 0.00 11.00 76.00 8.00 95.00 $3,267.12 $0.00 $36,000.00 Special requirements for bulk and containerized liquids (264.314)

Record and file the observation results 0.00 0.00 2.00 10.00 12.00 $275.18 $0.00 $0.00 Gather information necessary for the demonstration (265.314(f)) 0.00 0.00 8.00 0.50 8.50 $273.20 $0.00 $0.00 Submit information to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

20
EXHIBIT 7a

INCINERATORS - INTERIM STATUSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of R

ACTIVITY Year Year Cost Cost pond

Incinerators - Interim StatusRead the Regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00 Applicability (265.340(b))

Determine w hether w aste meets

 the requirements and document the fact in w riting 0.00 0.50 8.00 0.50 9.00 $350.37 $0.00 $0.00 

File documentation at the facility 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

Waste analysis (265.341)

Conduct w aste analysis 0.00 0.00 5.00 0.00 5.00 $187.75 $0.00 $750.00 

Monitoring and inspections (265.347(b))

Inspect the complete incinerator and associted equipment, at least daily 0.00 0.00 1.50 0.00 1.50 $56.33 $0.00 $0.00 Inspect all emergency shutdow n controls and system alarms 0.00 0.00 1.50 0.00 1.50 $56.33 $0.00 $0.00 

Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027 (265.352(b)(1))

Complete the application demonstrating that 

 the incinerator can meet performance standards 0.00 25.00 200.00 25.00 250.00 $10,008.31 $0.00 $100,000.00 

Submit the application 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 

SUBTOTAL varies varies varies varies varies varies varies varies vEXHIBIT 7a (CONTINUED)INCINERATORS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondIncinerators - PermittedRead the Regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00 Notification of intent to burn hazardous wastes F020, F021, F022, F023, F026, and F027 (264.343(a)(2)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Monitoring and inspections (264.347(b) and (c)) Conduct thorough visual inspections, at least daily,  of the incinerator and associated equipment 0.00 0.00 1.50 0.00 1.50 $56.33 $0.00  Conduct operational testing, at least w eekly,  of the emergency w aste feed cutoff system and associated alarms 0.00 0.00 1.50 0.00 1.50 $56.33 $0.00 

 Prepare exemption demonstration (264.347(c)) 0.00 0.00 208.00 0.00 208.00 $7,810.51 $0.00 $0.00  Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00  If the demonstration is approved, inspect athe emergency  w aste feed cutoff system and associated alarms on a monthly basis 0.00 0.00 0.25 0.00 0.25 $9.39 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

21
EXHIBIT 7b

INCINERATORS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pond

Incinerators - Interim StatusRead the Regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00 Applicability (265.340(b))

Determine w hether w aste meets

 the requirements and document the fact in w riting 0.00 0.50 8.00 0.50 9.00 $300.64 $0.00 $0.00 

File documentation at the facility 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 

Waste analysis (265.341)

Conduct w aste analysis 0.00 0.00 5.00 0.00 5.00 $164.20 $0.00 $750.00 

Monitoring and inspections (265.347(b))

Inspect the complete incinerator and associted equipment, at least daily 0.00 0.00 1.50 0.00 1.50 $49.26 $0.00 $0.00 Inspect all emergency shutdow n controls and system alarms 0.00 0.00 1.50 0.00 1.50 $49.26 $0.00 $0.00 

Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027 (265.352(b)(1))

Complete the application demonstrating that 

 the incinerator can meet performance standards 0.00 25.00 200.00 25.00 250.00 $8,463.75 $0.00 $100,000.00 

Submit the application 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 

SUBTOTAL varies varies varies varies varies varies varies varies EXHIBIT 7b (CONTINUED)INCINERATORS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondIncinerators - PermittedRead the Regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00 Notification of intent to burn hazardous wastes F020, F021, F022, F023, F026, and F027 (264.343(a)(2))

 Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Monitoring and inspections (264.347(b) and (c)) Conduct thorough visual inspections, at least daily,  of the incinerator and associated equipment 0.00 0.00 1.50 0.00 1.50 $49.26 $0.00  Conduct operational testing, at least w eekly,  of the emergency w aste feed cutoff system and associated alarms 0.00 0.00 1.50 0.00 1.50 $49.26 $0.00  Prepare exemption demonstration (264.347(c)) 0.00 0.00 208.00 0.00 208.00 $6,830.72 $0.00 $0.00  Submit demonstration to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00  If the demonstration is approved, inspect athe emergency  w aste feed cutoff system and associated alarms on a monthly basis 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

22
EXHIBIT 8a 

DRIP PADSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondDrip PadsRead the Regulations Read the Regulations 0.00 0.00 1.50 0.00 1.50 $56.33 $0.00 $0.00 Contingency Plan (265.440(c)(1)) Develop and maintain a contingency plan for discharge of drippage, including documentation of drippage 0.00 0.00 2.00 0.50 2.50 $86.09 $0.00 $0.00 Assessment of Existing Drip Pad Integrity (265.441(a)) Obtain and submit a w ritten certified assessment 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $340.00  Maintain w ritten assessment 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Review , update, and re-certify assessment annually 0.00 0.50 0.00 0.00 0.50 $38.97 $0.00 $340.00 Plan for Upgrading, Repairing, and Modifying the Drip Pad (265.441(b) and (c)) Develop and submit a w ritten certified plan 0.00 1.00 8.00 0.00 9.00 $378.35 $0.00 $1,500.00  Submit the plan 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00  Obtain and submit as-built draw ings and a certification 0.00 1.00 1.00 0.50 2.50 $126.49 $0.00 $340.00 Design and Operating Requirements (265.443(a)(4)(ii), (b)(3), (g), (i), and (k))

 Obtain and maintain a w ritten certified assessment of a new drip pad 0.00 1.00 0.00 0.00 1.00 $77.94 $0.00 $340.00  Update and maintain w ritten certified assessment of drip pad annually 0.00 1.00 0.00 0.00 1.00 $77.94 $0.00 $340.00  Maintain documentation of the date and time of any leakeage collected and removed from the leakage collection system immediately above the liner 0.00 0.00 1.00 4.00 5.00 $125.49 $0.00 $0.00  Obtain and maintain a certification of compliance w ith §265.443 from  an independent, qualified registered professional engineer 0.00 1.00 0.00 0.00 1.00 $77.94 $0.00 $340.00  Maintain documentation of the date and time of cleaning of the drip pad 0.00 0.00 1.00 4.00 5.00 $125.49 $0.00 $0.00  Maintain records of treated w ood on pad 0.00 0.00 1.00 4.00 5.00 $125.49 $0.00 $0.00 Emergency Response (265.443(m))

 Enter a record of discovery 0.00 0.00 1.00 0.00 1.00 $37.55 $0.00 $0.00  Notifiy EPA of each condition w ithin 24 hours 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00  Provide w ritten notification to EPA w ithin 10 w orking days 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00  Prepare and submit report and certification  to EPA w hen all repairs and clean up are complete 0.00 1.00 7.50 1.50 10.00 $392.55 $0.00 $340.00 Facility Operating Record (265.443(n)) Maintain documentation of past operating and w aste handling practices 0.00 2.00 6.00 0.00 8.00 $381.19 $0.00 $0.00 Inspections (265.444) Inspect and certify liners immediately after construction or installation 0.00 0.00 4.33 0.00 4.33 $162.59 $0.00 $340.00  Inspect and certify liners on a w eekly basis 0.00 0.00 4.33 0.00 4.33 $162.59 $0.00 $340.00 GRAND TOTAL varies varies varies varies varies varies varies varies v

23
EXHIBIT 8b 

DRIP PADSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondDrip PadsRead the Regulations Read the Regulations 0.00 0.00 1.50 0.00 1.50 $49.26 $0.00 $0.00 Contingency Plan (265.440(c)(1)) Develop and maintain a contingency plan for discharge of drippage, including documentation of drippage 0.00 0.00 2.00 0.50 2.50 $76.16 $0.00 $0.00 Assessment of Existing Drip Pad Integrity (265.441(a)) Obtain and submit a w ritten certified assessment 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $340.00  Maintain w ritten assessment 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Review , update, and re-certify assessment annually 0.00 0.50 0.00 0.00 0.50 $27.44 $0.00 $340.00 Plan for Upgrading, Repairing, and Modifying the Drip Pad (265.441(b) and (c)) Develop and submit a w ritten certified plan 0.00 1.00 8.00 0.00 9.00 $317.60 $0.00 $1,500.00  Submit the plan 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00  Obtain and submit as-built draw ings and a certification 0.00 1.00 1.00 0.50 2.50 $98.20 $0.00 $340.00 Design and Operating Requirements (265.443(a)(4)(ii), (b)(3), (g), (i), and (k))

 Obtain and maintain a w ritten certified assessment of a new drip pad 0.00 1.00 0.00 0.00 1.00 $54.88 $0.00 $340.00  Update and maintain w ritten certified assessment of drip pad annually 0.00 1.00 0.00 0.00 1.00 $54.88 $0.00 $340.00  Maintain documentation of the date and time of any leakeage collected and removed from the leakage collection system immediately above the liner 0.00 0.00 1.00 4.00 5.00 $116.64 $0.00 $0.00  Obtain and maintain a certification of compliance w ith §265.443 from  an independent, qualified registered professional engineer 0.00 1.00 0.00 0.00 1.00 $54.88 $0.00 $340.00  Maintain documentation of the date and time of cleaning of the drip pad 0.00 0.00 1.00 4.00 5.00 $116.64 $0.00 $0.00  Maintain records of treated w ood on pad 0.00 0.00 1.00 4.00 5.00 $116.64 $0.00 $0.00 Emergency Response (265.443(m)) Enter a record of discovery 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 $0.00  Notifiy EPA of each condition w ithin 24 hours 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00  Provide w ritten notification to EPA w ithin 10 w orking days 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00  Prepare and submit report and certification  to EPA w hen all repairs and clean up are complete 0.00 1.00 7.50 1.50 10.00 $332.61 $0.00 $340.00 Facility Operating Record (265.443(n)) Maintain documentation of past operating and w aste handling practices 0.00 2.00 6.00 0.00 8.00 $306.80 $0.00 $0.00 Inspections (265.444) Inspect and certify liners immediately after construction or installation 0.00 0.00 4.33 0.00 4.33 $142.20 $0.00 $340.00  Inspect and certify liners on a w eekly basis 0.00 0.00 4.33 0.00 4.33 $142.20 $0.00 $340.00 GRAND TOTAL varies varies varies varies varies varies varies varies 

24
EXHIBIT 9a

MISCELLANEOUS UNITS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondMiscellaneous Units - Permitted Facilities OnlyRead the Regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00 GRAND TOTAL varies varies varies varies varies varies varies varies v

EXHIBIT 9bMISCELLANEOUS UNITS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondMiscellaneous Units - Permitted Facilities OnlyRead the Regulations Read the regulations 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00 GRAND TOTAL varies varies varies varies varies varies varies varies v

25
EXHIBIT 10a

PROCESS VENTS - INTERIM STATUSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondProcess Vents - Interim StatusRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Control Device Operation Documentation (265.1033(i)) Gather control device operation/process parameter information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  Document control device/process parameter information 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  Reassess and file control device operation documentation 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  Modify control device operation documentation 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  Maintain documentation at thefacility (265.1035)(e) 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 Waste Determination (265.1034(d)(2)) Gather production process, w aste generation and  specification analysis information (200 times annually) 0.00 400.00 2,800.00 400.00 3,600.00 $145,112.69 $0.00 $40,000.00  Document production process, w aste generation and  specification analysis information (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,198.56 $0.00 $0.00  Maintain documentation at the facility (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,198.56 $0.00 $0.00 Facility operating record: Implementation schedule (265.1035(b)(1)) Prepare implementation schedule 0.00 1.00 6.00 1.00 8.00 $325.23 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain implementation schedule 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Up-to-date documentation of compliance with 265.1032 (265.1035(b)(2)) Prepare documentation of compliance 0.00 1.00 6.00 1.00 8.00 $325.23 $0.00 $0.00  Reassess documentation of compliance 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Performance test plan (265.1035(b)(3)) Prepare performance test plan 0.00 1.00 6.00 1.00 8.00 $325.23 $0.00 $0.00  Reassess performance test plan 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain performance test plan 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Documentation of compliance with 265.1033 (265.1035(b)(4)) Prepare documentation of compliance 0.00 1.00 6.00 1.00 8.00 $325.23 $0.00 $0.00  Reassess documentation of compliance 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Design/monitoring/operation/inspection information (265.1035(c)) Prepare design/monitoring/operation/inspection information 0.00 1.00 6.00 1.00 8.00 $325.23 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Determination of applicability of 265.1032 (265.1035(f)) Prepare determination of applicability 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reassess determination of applicability 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain determination of applicability 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify determination of applicability 0.00 0.00 3.00 1.00 4.00 $134.64 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies v

26
EXHIBIT 10a (CONTINUED)

PROCESS VENTS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondProcess Vents - PermittedRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Control Device Operation Documentation (264.1033(i)) Gather information 0.00 0.00 3.50 0.50 4.00 $142.42 $0.00 $0.00  Document information 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  Reassess and file documentation 0.00 0.00 1.50 0.50 2.00 $67.32 $0.00 $0.00  Modify documentation 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  Maintain documentation at the facility (264.1035)(e)(2) 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 Waste Determination (264.1034(d)(2)) Gather information (200 times annually) 0.00 400.00 2,800.00 400.00 3,600.00 $145,112.69 $0.00 $40,000.00  Document information (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,198.56 $0.00 $0.00  Maintain documentation at the facility (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,198.56 $0.00 $0.00 Facility operating record: Implementation schedule (264.1035(b)(1)) Prepare implementation schedule 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain implementation schedule 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Up-to-date documentation of compliance with 264.1032 (264.1035(b)(2)) Prepare documentationof compliance 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reassess documentation of compliance 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Performance test plan (264.1035(b)(3)) Prepare performance test plan 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reassess performance test plan 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain performance test plan 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Documentation of compliance with 264.1033 (264.1035(b)(4)) Prepare documentation of compliance 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reasses documentation of compliance 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Design/monitoring/operation/inspection information (264.1035(c)) Prepare design/monitoring/operation/inspection information 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Determination of applicability of 264.1032 (264.1035(f)) Prepare determination of applicability 0.00 0.00 7.00 1.00 8.00 $284.84 $0.00 $0.00  Reassess determination of applicability 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain determination of applicability 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify determination of applicability 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Semiannual Report of Control Device Monitoring Events (264.1036) Prepare the semiannual report 0.00 4.00 6.00 6.00 16.00 $668.99 $0.00 $0.00  Submit semiannual report tothe Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

27
EXHIBIT 10b

PROCESS VENTS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondProcess Vents - Interim StatusRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Control Device Operation Documentation (265.1033(i)) Gather control device operation/process parameter information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  Document control device/process parameter information 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  Reassess and file control device operation documentation 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  Modify control device operation documentation 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  Maintain documentation at thefacility (265.1035)(e) 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 Waste Determination (265.1034(d)(2)) Gather production process, w aste generation and  specification analysis information (200 times annually) 0.00 400.00 2,800.00 400.00 3,600.00 $122,284.00 $0.00 $40,000.00  Document production process, w aste generation and  specification analysis information (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,095.00 $0.00 $0.00  Maintain documentation at the facility (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,095.00 $0.00 $0.00 Facility operating record: Implementation schedule (265.1035(b)(1)) Prepare implementation schedule 0.00 1.00 6.00 1.00 8.00 $272.87 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain implementation schedule 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Up-to-date documentation of compliance with 265.1032 (265.1035(b)(2)) Prepare documentation of compliance 0.00 1.00 6.00 1.00 8.00 $272.87 $0.00 $0.00  Reassess documentation of compliance 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Performance test plan (265.1035(b)(3)) Prepare performance test plan 0.00 1.00 6.00 1.00 8.00 $272.87 $0.00 $0.00  Reassess performance test plan 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain performance test plan 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Documentation of compliance with 265.1033 (265.1035(b)(4)) Prepare documentation of compliance 0.00 1.00 6.00 1.00 8.00 $272.87 $0.00 $0.00  Reassess documentation of compliance 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Design/monitoring/operation/inspection information (265.1035(c)) Prepare design/monitoring/operation/inspection information 0.00 1.00 6.00 1.00 8.00 $272.87 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Determination of applicability of 265.1032 (265.1035(f)) Prepare determination of applicability 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reassess determination of applicability 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain determination of applicability 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify determination of applicability 0.00 0.00 3.00 1.00 4.00 $119.47 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies 

28
EXHIBIT 10b (CONTINUED)

PROCESS VENTS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondProcess Vents - PermittedRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Control Device Operation Documentation (264.1033(i)) Gather information 0.00 0.00 3.50 0.50 4.00 $125.42 $0.00 $0.00  Document information 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  Reassess and file documentation 0.00 0.00 1.50 0.50 2.00 $59.74 $0.00 $0.00  Modify documentation 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  Maintain documentation at the facility (264.1035)(e)(2) 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00 Waste Determination (264.1034(d)(2)) Gather information (200 times annually) 0.00 400.00 2,800.00 400.00 3,600.00 $122,284.00 $0.00 $40,000.00  Document information (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,095.00 $0.00 $0.00  Maintain documentation at the facility (200 times annually) 0.00 0.00 0.00 100.00 100.00 $2,095.00 $0.00 $0.00 Facility operating record: Implementation schedule (264.1035(b)(1)) Prepare implementation schedule 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain implementation schedule 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Up-to-date documentation of compliance with 264.1032 (264.1035(b)(2)) Prepare documentationof compliance 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reassess documentation of compliance 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Performance test plan (264.1035(b)(3)) Prepare performance test plan 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reassess performance test plan 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain performance test plan 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Documentation of compliance with 264.1033 (264.1035(b)(4)) Prepare documentation of compliance 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reasses documentation of compliance 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain documentation of compliance 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify documentation of compliance 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Design/monitoring/operation/inspection information (264.1035(c)) Prepare design/monitoring/operation/inspection information 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Determination of applicability of 264.1032 (264.1035(f)) Prepare determination of applicability 0.00 0.00 7.00 1.00 8.00 $250.83 $0.00 $0.00  Reassess determination of applicability 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain determination of applicability 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify determination of applicability 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Semiannual Report of Control Device Monitoring Events (264.1036) Prepare the semiannual report 0.00 4.00 6.00 6.00 16.00 $542.26 $0.00 $0.00  Submit semiannual report tothe Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

29
EXHIBIT 11a

EQUIPMENT LEAKS - INTERIM STATUSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondEquipment Leaks - Interim StatusRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Notification to implement the alternative valve standard in 265.1061(a) (265.1061(b)(1)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Notification to discontinue alternative valve standard in 265.1061(a) (265.1061(d)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Notification to implement the alternative valve standard in 265.1062(b)(2) and (3) (265.1062(a)(2)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Non-hazardous waste documentation (265.1063(d)(3))

Gather production process, w aste

 generation, and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $600.81 $0.00 $800.00 

Document production process,

 w aste generation and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $600.81 $0.00 $0.00 

Maintain documentation at the facility (4 times annually) 0.00 0.00 0.00 2.00 2.00 $43.97 $0.00 $0.00 

Facility operating record: Equipment record (265.1064(b)(1)) Prepare equipment record 0.00 0.00 6.00 1.00 7.00 $247.29 $0.00 $0.00  Reassess equipment record 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain equipment record 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify equipment record 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Implementation schedule (265.1064(b)(2)) Prepare implementation schedule 0.00 0.50 2.00 0.50 3.00 $125.07 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 1.00 0.00 1.00 $37.55 $0.00 $0.00  File and maintain schedule 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Performance test plan (265.1064(b)(3)) Prepare performance test plan 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess performance test plan 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain plan 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Documentation of compliance with 265.1060 (265.1064(b)(4)) Prepare documentation 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess documentation 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain documentation 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify documentation 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Leak inspection log (265.1064(d)) Prepare a leak inspection log 0.00 0.00 4.00 2.00 6.00 $194.17 $0.00 $0.00  Reassess leak inspection log 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain leak inspection log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify leak inspection log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility operating record: Design/monitoring/operation/inspection information (265.1064(e)) Prepare design/monitoring/operation/inspection information 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 

30
EXHIBIT 11a (CONTINUED)

EQUIPMENT LEAKS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondEquipment Leaks - PermittedRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Notification to implement the alternative valve standard in 264.1061(a) (264.1061(b)(1)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Notification to discontinue alternative valve standard in 264.1061(a) (264.1061(d)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Notification to implement alternative valve standard (264.1062)(b)(2) and (3) (264.1062(a)(2)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $62.53 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 Non-hazardous waste documentation (264.1063(d)(3)) Gather production process, w aste generation and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $600.81 $0.00 $800.00  Document production process, w aste generation  and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $600.81 $0.00 $0.00  Maintain documentation at the facility (4 times annually) 0.00 0.00 0.00 2.00 2.00 $43.97 $0.00 $0.00 Facility Operating Record: Equipment record (264.1064(b)(1)) Prepare equipment record 0.00 0.00 6.00 1.00 7.00 $247.29 $0.00 $0.00  Reassess equipment record 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain equipment record 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify equipment record 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Implementation schedule (264.1064(b)(2)) Prepare implementation schedule 0.00 0.50 2.00 0.50 3.00 $125.07 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 1.00 0.00 1.00 $37.55 $0.00 $0.00  File and maintain schedule 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Performance test plan (264.1064(b)(3)) Prepare performance test plan 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess performance test plan 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain performance test plan 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Documentation of compliance with 264.1060 (264.1064(b)(4)) Prepare documentation 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess documentation 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain documentation 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify documentation 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Leak inspection log (264.1064(d)) Prepare a leak inspection log 0.00 0.00 4.00 2.00 6.00 $194.17 $0.00 $0.00  Reassess leak inspection log 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain leak inspection log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify leak inspection log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Design/monitoring/operation/inspection information (264.1064(e)) Prepare design/monitoring/operation/inspection information 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00 

31 
EXHIBIT 11a (CONTINUED)

EQUIPMENT LEAKS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondFacility operating record: Monitoring and inspection information for other control devices (264.1064 (f)) Prepare monitoring and inspection information 0.00 1.00 16.00 2.00 19.00 $722.72 $0.00 $0.00  Reassess monitoring and inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00  File and maintain monitoring and inspection information 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify monitoring and inspection information 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Equipment log (264.1064(g)) Prepare an equipment log 0.00 0.00 4.00 2.00 6.00 $194.17 $0.00 $0.00  Reassess equipment log 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain an equipment log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify equipment log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Valve log for all valves subject to 264.1057(g) and (h) (264.1064(h)) Prepare valve log 0.00 0.00 6.00 2.00 8.00 $269.27 $0.00 $0.00  Reassess valve log 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain valve log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify valve log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Valve log for all valves subject to 264.1062 (264.1064(i)) Prepare valve log 0.00 0.00 6.00 2.00 8.00 $269.27 $0.00 $0.00  Reassess valve log 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain valve log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify valve log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Criteria log (264.1064(j)) Prepare criteria log 0.00 0.00 4.00 2.00 6.00 $194.17 $0.00 $0.00  Reassess criteria log 0.00 0.00 2.00 0.00 2.00 $75.10 $0.00 $0.00  File and maintain criteria log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify criteria log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Facility Operating Record: Exemption log (264.1064(k)) Prepare exemption log 0.00 0.00 4.00 1.00 5.00 $172.19 $0.00 $0.00  Reassess exemption log 0.00 0.00 1.00 0.00 1.00 $37.55 $0.00 $0.00  File and maintain exemption log 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $0.00  Modify exemption log 0.00 0.00 4.00 0.00 4.00 $150.20 $0.00 $0.00 Semiannual Report of Control Device Monitoring Events (264.1065) Prepare semiannual report 0.00 1.00 6.00 2.00 9.00 $347.22 $0.00 $0.00  Submit semiannual report to Region 0.00 0.00 0.00 0.50 0.50 $10.99 $0.00 $3.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

32
EXHIBIT 11b

EQUIPMENT LEAKS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondEquipment Leaks - Interim StatusRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Notification to implement the alternative valve standard in 265.1061(a) (265.1061(b)(1)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Notification to discontinue alternative valve standard in 265.1061(a) (265.1061(d)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Notification to implement the alternative valve standard in 265.1062(b)(2) and (3) (265.1062(a)(2)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Non-hazardous waste documentation (265.1063(d)(3))

Gather production process, w aste

 generation, and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 $800.00 

Document production process,

 w aste generation and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 $0.00 

Maintain documentation at the facility (4 times annually) 0.00 0.00 0.00 2.00 2.00 $41.90 $0.00 $0.00 

Facility operating record: Equipment record (265.1064(b)(1)) Prepare equipment record 0.00 0.00 6.00 1.00 7.00 $217.99 $0.00 $0.00  Reassess equipment record 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain equipment record 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify equipment record 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Implementation schedule (265.1064(b)(2)) Prepare implementation schedule 0.00 0.50 2.00 0.50 3.00 $103.60 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 $0.00  File and maintain schedule 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Performance test plan (265.1064(b)(3)) Prepare performance test plan 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess performance test plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain plan 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Documentation of compliance with 265.1060 (265.1064(b)(4)) Prepare documentation 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess documentation 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain documentation 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify documentation 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Leak inspection log (265.1064(d)) Prepare a leak inspection log 0.00 0.00 4.00 2.00 6.00 $173.26 $0.00 $0.00  Reassess leak inspection log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain leak inspection log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify leak inspection log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Design/monitoring/operation/inspection information (265.1064(e)) Prepare design/monitoring/operation/inspection information 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 

33
EXHIBIT 11b (CONTINUED)

EQUIPMENT LEAKS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondFacility operating record: Monitoring and inspection information for other control devices (265.1064 (f)) Prepare monitoring and inspection information 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess monitoring and inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain monitoring and inspection information 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify monitoring and inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Equipment log (265.1064(g)) Prepare an equipment log 0.00 0.00 4.00 2.00 6.00 $173.26 $0.00 $0.00  Reassess equipment log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain an equipment log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify equipment log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Valve log for all valves subject to 265.1057(g) and (h) (265.1064(h)) Prepare valve log 0.00 0.00 6.00 2.00 8.00 $238.94 $0.00 $0.00  Reassess valve log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify valve log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Valve log for all valves subject to 265.1062 (265.1064(i)) Prepare valve log 0.00 0.00 6.00 2.00 8.00 $238.94 $0.00 $0.00  Reassess valve log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain valve log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify valve log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Criteria log (265.1064(j)) Prepare criteria log 0.00 0.00 4.00 2.00 6.00 $173.26 $0.00 $0.00  Reassess criteria log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain criteria log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify criteria log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility operating record: Exemption log (265.1064(k)) Prepare exemption log 0.00 0.00 4.00 1.00 5.00 $152.31 $0.00 $0.00  Reassess exemption log 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 $0.00  File and maintain exemption log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify exemption log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 SUBTOTAL varies varies varies varies varies varies varies varies 

34
EXHIBIT 11b (CONTINUED)

EQUIPMENT LEAKS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondEquipment Leaks - PermittedRead the Regulations Read the regulations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Notification to implement the alternative valve standard in 264.1061(a) (264.1061(b)(1)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Notification to discontinue alternative valve standard in 264.1061(a) (264.1061(d)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Notification to implement alternative valve standard (264.1062)(b)(2) and (3) (264.1062(a)(2)) Prepare notification 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 $0.00  Submit notification to the Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 Non-hazardous waste documentation (264.1063(d)(3))

 Gather production process, w aste generation and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 $800.00  Document production process, w aste generation  and specification analysis (4 times annually) 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 $0.00  Maintain documentation at the facility (4 times annually) 0.00 0.00 0.00 2.00 2.00 $41.90 $0.00 $0.00 Facility Operating Record: Equipment record (264.1064(b)(1)) Prepare equipment record 0.00 0.00 6.00 1.00 7.00 $217.99 $0.00 $0.00  Reassess equipment record 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain equipment record 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify equipment record 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Implementation schedule (264.1064(b)(2)) Prepare implementation schedule 0.00 0.50 2.00 0.50 3.00 $103.60 $0.00 $0.00  Reassess implementation schedule 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 $0.00  File and maintain schedule 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify implementation schedule 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Performance test plan (264.1064(b)(3)) Prepare performance test plan 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess performance test plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain performance test plan 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify performance test plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Documentation of compliance with 264.1060 (264.1064(b)(4)) Prepare documentation 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess documentation 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain documentation 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify documentation 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Leak inspection log (264.1064(d)) Prepare a leak inspection log 0.00 0.00 4.00 2.00 6.00 $173.26 $0.00 $0.00  Reassess leak inspection log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain leak inspection log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify leak inspection log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Design/monitoring/operation/inspection information (264.1064(e)) Prepare design/monitoring/operation/inspection information 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain design/monitoring/operation/inspection information 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify design/monitoring/operation/inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 

35
EXHIBIT 11b (CONTINUED)

EQUIPMENT LEAKS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondFacility operating record: Monitoring and inspection information for other control devices (264.1064 (f)) Prepare monitoring and inspection information 0.00 1.00 16.00 2.00 19.00 $622.22 $0.00 $0.00  Reassess monitoring and inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00  File and maintain monitoring and inspection information 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify monitoring and inspection information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Equipment log (264.1064(g)) Prepare an equipment log 0.00 0.00 4.00 2.00 6.00 $173.26 $0.00 $0.00  Reassess equipment log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain an equipment log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify equipment log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Valve log for all valves subject to 264.1057(g) and (h) (264.1064(h)) Prepare valve log 0.00 0.00 6.00 2.00 8.00 $238.94 $0.00 $0.00  Reassess valve log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain valve log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify valve log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Valve log for all valves subject to 264.1062 (264.1064(i)) Prepare valve log 0.00 0.00 6.00 2.00 8.00 $238.94 $0.00 $0.00  Reassess valve log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain valve log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify valve log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Criteria log (264.1064(j)) Prepare criteria log 0.00 0.00 4.00 2.00 6.00 $173.26 $0.00 $0.00  Reassess criteria log 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 $0.00  File and maintain criteria log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify criteria log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Facility Operating Record: Exemption log (264.1064(k)) Prepare exemption log 0.00 0.00 4.00 1.00 5.00 $152.31 $0.00 $0.00  Reassess exemption log 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 $0.00  File and maintain exemption log 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $0.00  Modify exemption log 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 $0.00 Semiannual Report of Control Device Monitoring Events (264.1065) Prepare semiannual report 0.00 1.00 6.00 2.00 9.00 $293.82 $0.00 $0.00  Submit semiannual report to Region 0.00 0.00 0.00 0.50 0.50 $10.48 $0.00 $3.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

36
EXHIBIT 12a

CONTAINMENT BUILDINGS - INTERIM STATUSANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondContainment Buildings - Interim StatusRegulations Read the Regulations 0.00 1.25 5.00 0.00 6.25 $285.18 $0.00 $0.00 Demonstration that unit meets the standards of Subpart DD (265.1101(b)) Demonstrate that the unit substantially meets standards of Subpart DD, if the ow ner or operator w ants the secondary containment requirement to be delayed 1.00 1.00 16.00 0.50 18.50 $799.38 $0.00 $3.00 Certification and Response Procedures (265.1101(c)) Obtain and place a professional engineer certification into the facility's operating record 0.00 0.00 4.00 0.25 4.25 $155.70 $0.00 $340.00  Upon detecting a condition that has caused a release of hazardous w aste: $0.00 Enter a record of the discovery in the facility operating record 0.00 0.25 0.50 0.00 0.75 $38.26 $0.00 $0.00  Establish a schedule of accomplishing the cleanup and repairs 0.00 0.25 0.50 0.00 0.75 $38.26 $0.00 $0.00  Notify EPA of the condition w ithin 7 days of discovery of the condition 0.00 0.00 0.50 0.00 0.50 $18.78 $0.00 $3.00  Provide w ithin 14 days w ritten notice and schedule for cleanup to EPA 0.00 0.00 0.50 0.25 0.75 $24.27 $0.00 $3.00  Notify EPA and verify in w riting that cleanup and repairs have been completed 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00  Inspect and record in the facility's operating record,  at least once every 7 days, data specified in (265.1101) 0.00 0.00 26.00 0.00 26.00 $976.31 $0.00 $0.00 Operating Procedures for Areas without Secondary Containment (265.110(d)(3)) Maintain in the facility log a w ritten description of operating procedures used to maintain the integrity of areas w ithout secondary containment 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $0.00 Demonstration for Exemption from Secondary Containment Requirements (265.1101(e))

Demonstrate that the only free liquids in the unit are 

 limited amounts of dust suppression liquids, if the ow ner/operator w ants a w aiver from the secondary containment requirements 1.00 1.00 2.00 0.50 4.50 $273.67 $0.00 $1,500.00 SUBTOTAL varies varies varies varies varies varies varies varies v

37
EXHIBIT 12a (CONTINUED)

CONTAINMENT BUILDINGS - PERMITTEDANNUAL PRIVATE RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondContainment Buildings - PermittedRegulations Read the Regulations 0.00 1.25 5.00 0.00 6.25 $285.18 $0.00 $0.00 Demonstration that unit meets the standards of Subpart DD (264.1101(b)) Demonstrate that the unit substantially meets standards of Subpart DD, if the ow ner or operator w ants the secondary containment requirement to be delayed 1.00 1.00 16.00 0.50 18.50 $799.38 $0.00 $3.00 Certification and Response Procedures (264.1101(c)) Obtain and place a professional engineer certification into the facility's operating record 0.00 0.00 4.00 0.25 4.25 $155.70 $0.00 $340.00  Upon detecting a condition that has caused a release of hazardous w aste: $0.00 Enter a record of the discovery in the facility operating record 0.00 0.00 0.50 0.00 0.50 $18.78 $0.00 $0.00  Establish a schedule of accomplishing the cleanup and repairs 0.00 0.25 0.50 0.00 0.75 $38.26 $0.00 $0.00  Notify EPA of the condition w ithin 7 days of discovery of the condition 0.00 0.00 0.50 0.00 0.50 $18.78 $0.00 $3.00  Provide w ithin 14 days w ritten notice and schedule for cleanup to EPA 0.00 0.00 0.50 0.25 0.75 $24.27 $0.00 $3.00  Notify EPA and verify in w riting that cleanup and repairs have been completed 0.00 0.50 0.00 0.25 0.75 $44.47 $0.00 $3.00  Inspect and record in the facility's operating record,  at least once every 7 days, data specified in (264.1101) 0.00 0.00 26.00 0.00 26.00 $976.31 $0.00 $0.00 Recordkeeping Requirement (264.1101(d)(3)) Maintain in the facility log a w ritten description of operating procedures  used to maintain the integrity of areas w ithout secondary containment 0.00 0.00 1.00 0.25 1.25 $43.05 $0.00 $0.00 Exemption Demonstration (264.1101(e))

Demonstrate that the only free liquids in the unit are limited amounts 

 w ants a w aiver of dust suppression liquids, if the ow ner/operator from the secondary containment requirements 1.00 1.00 2.00 0.50 4.50 $273.67 $0.00 $1,500.00 SUBTOTAL varies varies varies varies varies varies varies varies vGRAND TOTAL varies varies varies varies varies varies varies varies v

38
EXHIBIT 12b

CONTAINMENT BUILDINGS - INTERIM STATUSANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondContainment Buildings - Interim StatusRegulations Read the Regulations 0.00 1.25 5.00 0.00 6.25 $232.80 $0.00 $0.00 Demonstration that unit meets the standards of Subpart DD (265.1101(b)) Demonstrate that the unit substantially meets standards of Subpart DD, if the ow ner or operator w ants the secondary containment requirement to be delayed 1.00 1.00 16.00 0.50 18.50 $649.26 $0.00 $3.00 Certification and Response Procedures (265.1101(c)) Obtain and place a professional engineer certification into the facility's operating record 0.00 0.00 4.00 0.25 4.25 $136.60 $0.00 $340.00  Upon detecting a condition that has caused a release of hazardous w aste: $0.00 Enter a record of the discovery in the facility operating record 0.00 0.25 0.50 0.00 0.75 $30.14 $0.00 $0.00  Establish a schedule of accomplishing the cleanup and repairs 0.00 0.25 0.50 0.00 0.75 $30.14 $0.00 $0.00  Notify EPA of the condition w ithin 7 days of discovery of the condition 0.00 0.00 0.50 0.00 0.50 $16.42 $0.00 $3.00  Provide w ithin 14 days w ritten notice and schedule for cleanup to EPA 0.00 0.00 0.50 0.25 0.75 $21.66 $0.00 $3.00  Notify EPA and verify in w riting that cleanup and repairs have been completed 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00  Inspect and record in the facility's operating record,  at least once every 7 days, data specified in (265.1101) 0.00 0.00 26.00 0.00 26.00 $853.84 $0.00 $0.00 Operating Procedures for Areas without Secondary Containment (265.110(d)(3))

 Maintain in the facility log a w ritten description of operating procedures used to maintain the integrity of areas w ithout secondary containment 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $0.00 Demonstration for Exemption from Secondary Containment Requirements (265.1101(e))

Demonstrate that the only free liquids in the unit are 

 limited amounts of dust suppression liquids, if the ow ner/operator w ants a w aiver from the secondary containment requirements 1.00 1.00 2.00 0.50 4.50 $189.50 $0.00 $1,500.00 SUBTOTAL varies varies varies varies varies varies varies varies 

39
EXHIBIT 12b (CONTINUED)

CONTAINMENT BUILDINGS - PERMITTEDANNUAL GOVERNMENTS RESPONDENT BURDEN/COST ESTIMATES

Legal Managerial Technical Clerical Respon. Labor Capital/ Num

INFORMATION COLLECTION Hours Hours Hours Hours Hours/ Cost/ Startup O&M of RACTIVITY Year Year Cost Cost pondContainment Buildings - PermittedRegulations Read the Regulations 0.00 1.25 5.00 0.00 6.25 $232.80 $0.00 $0.00 Demonstration that unit meets the standards of Subpart DD (264.1101(b)) Demonstrate that the unit substantially meets standards of Subpart DD, if the ow ner or operator w ants the secondary containment requirement to be delayed 1.00 1.00 16.00 0.50 18.50 $649.26 $0.00 $3.00 Certification and Response Procedures (264.1101(c)) Obtain and place a professional engineer certification into the facility's operating record 0.00 0.00 4.00 0.25 4.25 $136.60 $0.00 $340.00  Upon detecting a condition that has caused a release of hazardous w aste: $0.00 Enter a record of the discovery in the facility operating record 0.00 0.00 0.50 0.00 0.50 $16.42 $0.00 $0.00  Establish a schedule of accomplishing the cleanup and repairs 0.00 0.25 0.50 0.00 0.75 $30.14 $0.00 $0.00  Notify EPA of the condition w ithin 7 days of discovery of the condition 0.00 0.00 0.50 0.00 0.50 $16.42 $0.00 $3.00  Provide w ithin 14 days w ritten notice and schedule for cleanup to EPA 0.00 0.00 0.50 0.25 0.75 $21.66 $0.00 $3.00  Notify EPA and verify in w riting that cleanup and repairs have been completed 0.00 0.50 0.00 0.25 0.75 $32.68 $0.00 $3.00  Inspect and record in the facility's operating record,  at least once every 7 days, data specified in (264.1101) 0.00 0.00 26.00 0.00 26.00 $853.84 $0.00 $0.00 Recordkeeping Requirement (264.1101(d)(3)) Maintain in the facility log a w ritten description of operating procedures  used to maintain the integrity of areas w ithout secondary containment 0.00 0.00 1.00 0.25 1.25 $38.08 $0.00 $0.00 Exemption Demonstration (264.1101(e))

Demonstrate that the only free liquids in the unit are limited amounts 

 w ants a w aiver of dust suppression liquids, if the ow ner/operator from the secondary containment requirements 1.00 1.00 2.00 0.50 4.50 $189.50 $0.00 $1,500.00 SUBTOTAL varies varies varies varies varies varies varies varies GRAND TOTAL varies varies varies varies varies varies varies varies 

40
EXHIBIT 14a

ANNUAL EPA BURDEN AND COST

Legal Managerial Technical Clerical Respon. Labor Num

Hours Hours Hours Hours Hours Cost O&M Resp

 Per Year Per Year Costs Act

Tank Systems - Interim StatusReview equivalent containment device information 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review information submitted for exemption from 24-hour leak detection requirement 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review information submitted for variance from secondary containment requirements 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review information submitted for exemption from the 24-hour waste removal requirement 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review release notifications and reports 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review major repair certifications 0.00 0.00 8.00 0.00 8.00 $407.82 $0.00 Review decontamination demonstrations 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Tank Systems - PermittedReview information submitted for exemption from the 24-hour waste removal requirement 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review release notifications and reports 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review major repair certifications 0.00 0.00 8.00 0.00 8.00 $407.82 $0.00 Review decontamination demonstrations 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Surface Impoundments - Interim StatusReview assessments of alternate design and operating practices 0.00 0.00 16.00 0.00 16.00 $815.64 $0.00 Review notifications of intent to receive waste 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review and establish action leakage rates 0.00 0.00 10.00 0.00 10.00 $509.78 $0.00 Review Response Action Plans 0.00 0.00 20.00 0.00 20.00 $1,019.55 $0.00 Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $213.86 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Enter RAP data into a data base 0.00 0.00 0.00 0.10 0.10 $2.17 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Review and establish pump operating levels 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 Review contingent corrective measures plan 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review hazardous waste removal plan 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 Review extension request 0.00 0.00 0.50 0.00 0.50 $25.49 $0.00 Review corrective action report (2 times annually) 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Surface Impoundments - PermittedReceive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $213.86 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Review notification of surface impoundment removal from service 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review contingent corrective measures plan 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review hazardous waste removal plan 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 Review extension request 0.00 0.00 0.50 0.00 0.50 $25.49 $0.00 Review corrective action report (2 times annually) 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 W aste Piles - Interim StatusReview exemptions from design and operating requirements 0.00 0.00 7.00 0.00 7.00 $356.84 $0.00 Review exemptions from liner/ leachate system requirements 0.00 0.00 7.00 0.00 7.00 $356.84 $0.00 Review and establish action leakage rates 0.00 0.00 10.00 0.00 10.00 $509.78 $0.00 Review Response Action Plans 0.00 0.00 20.00 0.00 20.00 $1,019.55 $0.00 Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $213.86 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Enter RAP data into a data base 0.00 0.00 0.00 0.10 0.10 $2.17 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 W aste Piles - Permitted

Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $213.86 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 

41
EXHIBIT 14a (CONTINUED)

ANNUAL AGENCY BURDEN AND COST

Legal Managerial Technical Clerical Respon. Labor Num

Hours Hours Hours Hours Hours Cost O&M Resp

 Per Year Per Year Costs Act

Land-Treatment - Interim StatusReview food-chain crop notifications 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 

Review certifications of closure 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Land Treatment - PermittedReview notifications of significant releases of hazardous constituents below the treatment zone 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 Review notifications of intent to demonstrate that regulated unit 0.00is not the source of increase in hazardous constituents 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 Review demonstrations that regulated unit is not the source of increase 0.00in hazardous constituents below the treatment zone 0.00 0.00 16.00 0.00 16.00 $815.64 $0.00 Review (264.280)(d) demonstrations 0.00 0.00 8.00 0.00 8.00 $407.82 $0.00 Review closure certifications 0.00 1.00 4.00 0.00 5.00 $274.78 $0.00 Landfills - Interim StatusReview notifications of intent to receive waste 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 Review demonstrations for exemption from liner and leachate collection system requirements 0.00 0.00 16.00 0.00 16.00 $815.64 $0.00 Review information for waivers of the double liner requirements 0.00 0.00 4.00 0.00 4.00 $203.91 $0.00 Review and establish action leakage rates 0.00 0.00 10.00 0.00 10.00 $509.78 $0.00 Review Response Action Plans 0.00 0.00 20.00 0.00 20.00 $1,019.55 $0.00 Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $213.86 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Enter RAP data into a data base 0.00 0.00 0.00 0.10 0.10 $2.17 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Review and establish pump operating levels 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 Review demonstrations for placing non-hazardous liquid waste in landfills 0.00 0.00 7.00 0.00 7.00 $356.84 $0.00 Landfills - PermittedReceive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $213.86 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $545.21 $0.00 Review demonstrations for placing non-hazardous liquid waste in landfills 0.00 0.00 7.00 0.00 7.00 $356.84 $0.00 Incinerators - Interim StatusReview applications for certification to burn F020, F021, F022, F023, F026, and F027 0.00 0.50 20.00 0.00 20.50 $1,054.99 $0.00 Incinerators - PermittedReview notifications of intent to burn hazardous wastes F020, F021, F022, F023, F026, and F027 0.00 0.25 1.00 0.00 1.25 $68.70 $0.00 Review demonstrations for exemption from emergency waste feed cutoff system testing requirements (264.347(c)) 0.00 0.00 16.00 0.00 16.00 $815.64 $0.00 Msc Units -Interim Status and PermittedCovered in other ICRs 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 Drip PadsReview plan for updating, repairing, and modifying the drip pad 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review release notifications and reports 0.00 0.00 1.00 0.00 1.00 $50.98 $0.00 Process Vents - PermittedReview semiannual reports 0.00 0.00 8.00 0.00 8.00 $407.82 $0.00 

42
EXHIBIT 14a (CONTINUED)

ANNUAL EPA BURDEN AND COST

Legal Managerial Technical Clerical Respon. Labor Num

Hours Hours Hours Hours Hours Cost O&M Resp

 Per Year Per Year Costs Act

Equipment Leaks - Interim StatusReview notifications to implement the alternative valve standard in (265.1061)(a) 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review notifications to discontinue alternative valve standard in (265.1061)(a) 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review notifications to implement alternative valve standard in (265.1062)(b)(2) or (265.1062)(b)(3) 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Equipment Leaks - PermittedReview notifications to implement the alternative valve standard in (264.1061)(a) 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review notifications to discontinue alternative valve standard in (264.1061)(a) 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review notifications to implement alternative valve standard in (264.1062)(b)(2) or (264.1062)(b)(3) 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Review semiannual reports 0.00 0.00 8.00 0.00 8.00 $407.82 $0.00 Containment Buildings - Interim StatusCollect written notice of request for delay of secondary containment 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review and comment on plans to retrofit unit 0.00 0.50 4.00 0.50 5.00 $250.21 $0.00 Review response to comments and approve/ disapprove delay 0.00 0.25 2.00 0.25 2.50 $125.11 $0.00 Receive notification of release 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review written notice, description or remedial steps, and schedule for cleanup 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review information and determine if unit must be removed from service 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Notify owner/ operator in writing of determination 0.00 0.00 0.50 0.25 0.75 $30.92 $0.00 Review verification of cleanup 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review demonstration that free liquids are for dust suppression and approve or disapprove waiver 0.00 0.25 1.00 0.25 1.50 $74.13 $0.00 Containment Buildings - PermittedCollect written notice of request for delay of secondary containment 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review and comment on plans to retrofit unit 0.00 0.00 4.00 0.50 4.50 $214.78 $0.00 Review response to comments and approve/ disapprove delay 0.00 0.50 2.00 0.25 2.75 $142.82 $0.00 Receive notification of release 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review written notice, description or remedial steps, and schedule for cleanup 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review information and determine if unit must be removed from service 0.00 0.00 2.00 0.00 2.00 $101.96 $0.00 Notify owner/ operator in writing of determination 0.00 0.00 0.50 0.25 0.75 $30.92 $0.00 Review verification of cleanup 0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 Review demonstration that free liquids are for dust suppression and approve or disapprove waiver 0.00 0.25 1.00 0.25 1.50 $74.13 $0.00 TOTAL 0.00 varies varies varies varies varies $0.00 

43
EXHIBIT 14b

ANNUAL STATES BURDEN AND COST

Legal Managerial Technical Clerical Respon. Labor Num

Hours Hours Hours Hours Hours Cost O&M Resp

 Per Year Per Year Costs Act

Tank Systems - Interim StatusReview equivalent containment device information 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review information submitted for exemption from 24-hour leak detection requirement 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review information submitted for variance from secondary containment requirements 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review information submitted for exemption from the 24-hour waste removal requirement 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review release notifications and reports 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review major repair certifications 0.00 0.00 8.00 0.00 8.00 $262.72 $0.00 Review decontamination demonstrations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Tank Systems - PermittedReview information submitted for exemption from the 24-hour waste removal requirement 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review release notifications and reports 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review major repair certifications 0.00 0.00 8.00 0.00 8.00 $262.72 $0.00 Review decontamination demonstrations 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Surface Impoundments - Interim StatusReview assessments of alternate design and operating practices 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 Review notifications of intent to receive waste 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review and establish action leakage rates 0.00 0.00 10.00 0.00 10.00 $328.40 $0.00 Review Response Action Plans 0.00 0.00 20.00 0.00 20.00 $656.80 $0.00 Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $142.38 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Enter RAP data into a data base 0.00 0.00 0.00 0.10 0.10 $2.10 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Review and establish pump operating levels 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 Review contingent corrective measures plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review hazardous waste removal plan 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 Review extension request 0.00 0.00 0.50 0.00 0.50 $16.42 $0.00 Review corrective action report (2 times annually) 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Surface Impoundments - PermittedReceive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $142.38 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Review notification of surface impoundment removal from service 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review contingent corrective measures plan 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review hazardous waste removal plan 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 Review extension request 0.00 0.00 0.50 0.00 0.50 $16.42 $0.00 Review corrective action report (2 times annually) 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 W aste Piles - Interim StatusReview exemptions from design and operating requirements 0.00 0.00 7.00 0.00 7.00 $229.88 $0.00 Review exemptions from liner/ leachate system requirements 0.00 0.00 7.00 0.00 7.00 $229.88 $0.00 Review and establish action leakage rates 0.00 0.00 10.00 0.00 10.00 $328.40 $0.00 Review Response Action Plans 0.00 0.00 20.00 0.00 20.00 $656.80 $0.00 Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $142.38 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Enter RAP data into a data base 0.00 0.00 0.00 0.10 0.10 $2.10 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 W aste Piles - Permitted

Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $142.38 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 

44
EXHIBIT 14b (CONTINUED)

ANNUAL STATES BURDEN AND COST

Legal Managerial Technical Clerical Respon. Labor Num

Hours Hours Hours Hours Hours Cost O&M Resp

 Per Year Per Year Costs Act

Land-Treatment - Interim StatusReview food-chain crop notifications 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 

Review certifications of closure 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Land Treatment - PermittedReview notifications of significant releases of hazardous constituents below the treatment zone 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 Review notifications of intent to demonstrate that regulated unit 0.00is not the source of increase in hazardous constituents 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 Review demonstrations that regulated unit is not the source of increase 0.00in hazardous constituents below the treatment zone 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 Review (264.280)(d) demonstrations 0.00 0.00 8.00 0.00 8.00 $262.72 $0.00 Review closure certifications 0.00 1.00 4.00 0.00 5.00 $186.24 $0.00 Landfills - Interim StatusReview notifications of intent to receive waste 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 Review demonstrations for exemption from liner and leachate collection system requirements 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 Review information for waivers of the double liner requirements 0.00 0.00 4.00 0.00 4.00 $131.36 $0.00 Review and establish action leakage rates 0.00 0.00 10.00 0.00 10.00 $328.40 $0.00 Review Response Action Plans 0.00 0.00 20.00 0.00 20.00 $656.80 $0.00 Receive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $142.38 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Enter RAP data into a data base 0.00 0.00 0.00 0.10 0.10 $2.10 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Review and establish pump operating levels 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 Review demonstrations for placing non-hazardous liquid waste in landfills 0.00 0.00 7.00 0.00 7.00 $229.88 $0.00 Landfills - PermittedReceive and review written action leakage rate exceedance notifications 0.00 0.50 3.50 0.00 4.00 $142.38 $0.00 Review leakage reports 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Review information submitted when the ALR is exceeded 0.00 0.50 10.00 0.00 10.50 $355.84 $0.00 Review demonstrations for placing non-hazardous liquid waste in landfills 0.00 0.00 7.00 0.00 7.00 $229.88 $0.00 Incinerators - Interim StatusReview applications for certification to burn F020, F021, F022, F023, F026, and F027 0.00 0.50 20.00 0.00 20.50 $684.24 $0.00 Incinerators - PermittedReview notifications of intent to burn hazardous wastes F020, F021, F022, F023, F026, and F027 0.00 0.25 1.00 0.00 1.25 $46.56 $0.00 Review demonstrations for exemption from emergency waste feed cutoff system testing requirements (264.347(c)) 0.00 0.00 16.00 0.00 16.00 $525.44 $0.00 Msc Units -Interim Status and PermittedCovered in other ICRs 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 Drip PadsReview plan for updating, repairing, and modifying the drip pad 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review release notifications and reports 0.00 0.00 1.00 0.00 1.00 $32.84 $0.00 Process Vents - PermittedReview semiannual reports 0.00 0.00 8.00 0.00 8.00 $262.72 $0.00 

45 
EXHIBIT 14b (CONTINUED)

ANNUAL STATES BURDEN AND COST

Legal Managerial Technical Clerical Respon. Labor Num

Hours Hours Hours Hours Hours Cost O&M Resp

 Per Year Per Year Costs Act

Equipment Leaks - Interim StatusReview notifications to implement the alternative valve standard in (265.1061)(a) 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review notifications to discontinue alternative valve standard in (265.1061)(a) 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review notifications to implement alternative valve standard in (265.1062)(b)(2) or (265.1062)(b)(3) 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Equipment Leaks - PermittedReview notifications to implement the alternative valve standard in (264.1061)(a) 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review notifications to discontinue alternative valve standard in (264.1061)(a) 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review notifications to implement alternative valve standard in (264.1062)(b)(2) or (264.1062)(b)(3) 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Review semiannual reports 0.00 0.00 8.00 0.00 8.00 $262.72 $0.00 Containment Buildings - Interim StatusCollect written notice of request for delay of secondary containment 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review and comment on plans to retrofit unit 0.00 0.50 4.00 0.50 5.00 $169.28 $0.00 Review response to comments and approve/ disapprove delay 0.00 0.25 2.00 0.25 2.50 $84.64 $0.00 Receive notification of release 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review written notice, description or remedial steps, and schedule for cleanup 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review information and determine if unit must be removed from service 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Notify owner/ operator in writing of determination 0.00 0.00 0.50 0.25 0.75 $21.66 $0.00 Review verification of cleanup 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review demonstration that free liquids are for dust suppression and approve or disapprove waiver 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 Containment Buildings - PermittedCollect written notice of request for delay of secondary containment 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review and comment on plans to retrofit unit 0.00 0.00 4.00 0.50 4.50 $141.84 $0.00 Review response to comments and approve/ disapprove delay 0.00 0.50 2.00 0.25 2.75 $98.36 $0.00 Receive notification of release 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review written notice, description or remedial steps, and schedule for cleanup 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review information and determine if unit must be removed from service 0.00 0.00 2.00 0.00 2.00 $65.68 $0.00 Notify owner/ operator in writing of determination 0.00 0.00 0.50 0.25 0.75 $21.66 $0.00 Review verification of cleanup 0.00 0.00 0.25 0.00 0.25 $8.21 $0.00 Review demonstration that free liquids are for dust suppression and approve or disapprove waiver 0.00 0.25 1.00 0.25 1.50 $51.80 $0.00 TOTAL 0.00 varies varies varies varies varies $0.00 

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