SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR 

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

1. Identification of the Information Collection

1(a) Title of the Information Collection

Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 

264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal), EPA ICR Number 1593.09,

OMB Control Number 2060-0318

1(b) Short Characterization/Abstract

The Air Emission Standards for Tanks, Surface Impoundment and Containers were:

proposed on July 22, 1991 (56 FR 33490); promulgated on December 6, 1994 (59 FR 62896);

and amended on November 25, 1996 (61 FR 59931). These regulations apply to existing 

facilities and new facilities that treat, store, or dispose of hazardous wastes in tanks, surface 

impoundments, and containers that are subject to subparts I, J, or K of these parts except for 

sections 264.1, 265.1, and those management units identified at sections 264.1080(b) and 

265.1080(b). Also, the requirements of this subpart apply to large quantity generators that 

manage hazardous wastes in either tanks or containers [section 262.34(a)(1)(i and ii)]. New 

facilities include those that commenced construction or reconstruction after the date of proposal. 

This information is being collected to assure compliance with 40 CFR part 264, subpart CC, and 

40 CFR part 265, subpart CC.

In general, air emission standards require initial notifications, performance tests, and 

periodic reports by the owners/operators of the affected facilities. They are also required to 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the 

operation of an affected facility, or any period during which the monitoring system is 

inoperative. These notifications, reports, and records are essential in determining compliance, 

and are required of all affected facilities subject to the air emission standards. 

Any owner/operator subject to the provisions of this part shall maintain a file of these 

measurements, and retain the file for at least three years following the date of such 

measurements, maintenance reports, and records. All reports are sent to the delegated state or 

local authority. In the event that there is no such delegated authority, the reports are sent directly 

to the U. S. Environmental Protection Agency (EPA) regional office.

 Based on our consultations with industry representatives, there is an average of one 

affected facilities at each plant site and that each plant site has only one respondent (i.e., the 

owner/operator of the plant site).

Over the next three years, an average of 6,209 respondents per year will be subject to 

the standard, and no additional respondents per year will become subject to the standard. This 
2

includes 70 percent of treatment, storage, and disposal facilities (TSDFs) and 25 percent of large 

quantity generators (LQGs) that are subject to Resource Conservation and Recovery Act 

(RCRA) subpart CC requirement.

The Office of Management and Budget (OMB) approved the currently active ICR 

without any “Terms of Clearance.”

All of the TSDFs and LQGs facilities in the United States are owned and operated by the 

TSDF and LQG industry (the “Affected Public”). None of the facilities in the United States are 

owned by either state, or local, or tribal governments. They are all privately-owned, for-profit 

businesses. The “burden” to the Affected Public may be found below in Table 1: Annual 

Respondent Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and 

Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal). The 

Federal Government “burden” is attributed entirely to work performed by either Federal 

employees or government contractors and may be found below in Table 2: Average Annual EPA 

Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 

CFR Part 264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal). 

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

Organic air emissions from hazardous waste TSDFs can contain toxic chemical 

compounds. Cancer and other adverse non-cancerous human health effects can result from 

exposure to these emissions. Also, organic air emissions from TSDFs react photo-chemically

with other compounds in the atmosphere to form ozone. Excessive ambient ozone 

concentrations are a major air quality problem in many cities throughout the United States. 

Nationwide organic air emissions from TSDFs are estimated to be approximately 1 million 

megagram per year.

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

Resource Conservation and Recovery Act (RCRA) of 1976. Section 3004(n) of HSWA directs 

the EPA to promulgate regulations for the monitoring and control of air emissions from TSDFs 

as may be necessary to protect human health and the environment. Recommended standards 

have been developed by the EPA under the authority of sections 3002 and 3004 of RCRA to 

reduce organic air emissions from certain TSDF tanks, surface impoundments, and containers, as 

well as certain hazardous waste generator accumulation tanks.

The experience of the EPA in implementing and enforcing New Source Performance 

Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) 

promulgated under authority of the Clean Air Act has demonstrated that certain information must 

be collected to ensure compliance with air emission standards. Information collection is needed 

by the EPA for this rulemaking to determine: a) whether a hazardous waste contains sufficiently 

low concentrations of volatile organics to allow the waste to be managed in a tank, surface 

impoundment, or container without the use of emission controls; and b) for units requiring 
3

emission controls, whether the controls are being properly operated and maintained.

2(b) Practical Utility/Users of the Data

The recommended standards are applicable to TSDF subject to the existing RCRA 

subtitle C permitting requirements. The standards require organic emission control equipment to 

be used on permitted and interim-status TSDF tanks, surface impoundments, and containers that 

manage hazardous waste with an average volatile organic concentration at the point of waste 

generation greater than, or equal to 500 parts per million by weight (ppmw) on a mass-weighted 

average basis. In addition, the recommended standards are applicable to hazardous waste 

generators accumulating hazardous wastes in tanks and containers pursuant to conditions 

specified in 40 CFR part 262.34 (a). These units are exempt from RCRA subtitle C permitting 

requirements provided the waste generator accumulates waste in the unit for no more than 90 

days and complies with the control requirements specified in 40 CFR part 265, subparts I and J.

The standards are not applicable to certain waste management units. For example, the 

requirements of the subpart CC standards do not apply to: 1) a tank, or surface impoundment in 

which an owner or operator stops adding hazardous waste and begins undergoing closure, or 

which is closed in accordance with existing RCRA regulations; 2) a container that has a design 

capacity less than 0.1 cubic meters (26.4 gallons); or 3) a tank, surface impoundment, or 

container that contains hazardous waste prior to the rule's effective date if no new hazardous 

waste is added to the unit on, or after the effective date.

Each owner or operator of an affected tank, surface impoundment, or container is 

required by the recommended standards to comply with the requirements summarized below.

i. Standards for Tanks

The owner or operator of a tank used to manage hazardous waste with a mass-weighted 

average volatile organic content greater than, or equal to 500 ppmw at the point of waste 

generation is required to install and use emission control equipment. The control equipment 

requirements are to install, operate, and maintain either a cover connected through a closed-vent 

system to a control device, an external floating roof, a fixed roof with an internal floating cover, 

or a pressure tank that operates with no detectable organic air emissions. An owner or operator 

is allowed to use a cover without a closed-vent system and control device on a tank that satisfies 

all of the following conditions: 1) the hazardous waste managed in the tank is not mixed, stirred, 

agitated, or circulated within the tank by the owner or operator using a process that results in 

splashing, frothing, or visible turbulent flow on the waste surface during normal process 

operations; 2) no waste fixating, heat-using (except the minimum heating required to prevent 

waste freezing, or to maintain adequate waste flow conditions for continuing normal process 

operations during cold weather), or heat generating process is conducted in the tank; and 3) 

either the tank capacity is less than 75 m3(20,000 gallons) and the maximum organic vapor 

pressure is less than 76.6 kilopascals (kPa) [11.1 pounds per square inch (psi)], the tank capacity 

is less than 
4

151 m3(40,000 gallons), and the maximum organic vapor pressure is less than 27.6 kPa (4.0 psi), 

or the capacity of the tank is equal to, or greater than 151 m3and the maximum organic vapor 

pressure is less then 5.2 kPa (0.75 psi).

ii. Standards for Surface Impoundments.

The owner or operator of a surface impoundment used to manage hazardous waste with a 

mass-weighted average volatile organic content greater than, or equal to 500 ppmw at the point 

of waste generation is required to install and use emission control equipment. The control 

equipment requirement is to install, operate, and maintain either a cover, or enclosure connected 

through a closed-vent system to a control device. An owner or operator is allowed to use a 

contact cover (e.g., floating membrane cover) without a closed-vent system and control device 

on a surface impoundment that satisfies all of the following conditions: 1) the hazardous waste 

managed in the surface impoundment is not mixed, stirred, agitated, or circulated within the 

surface impoundment by the owner or operator using a process that results in splashing, frothing, 

or visible turbulent flow on the waste surface during normal process operations; and 2) no waste 

fixating, heat treating, or heat-generating process is conducted in the surface impoundment.

iii. Standards for Containers.

The owner or operator of a container used to manage hazardous waste with a massweighted average volatile organic content greater than, or equal to 500 ppmw is required to use 

the following procedures. The owner or operator must place the hazardous waste either into a 

container equipped with a cover that operates with no detectable organic air emissions when all 

openings are secured in a closed, sealed position; or a container having a design capacity less 

than, or equal to 0.42 m3(110 gallons) that complies with all applicable Department of 

Transportation regulations for packaging hazardous waste for transport under 49 CFR part 178; 

or a container that is attached to, or forms a part of any truck, trailer, or railcar, and has been 

tested for organic vapor tightness within the preceding 12 months in accordance with EPA 

Method 27. A container is required to be covered except when waste is being added, removed, 

inspected, or sampled, or the container is vented in accordance with good engineering and safety 

practices for handling flammable, combustible, explosive, or other hazardous materials. A 

loading operation conducted by pumping into a container having a design capacity greater than, 

or equal to 0.42 m3(110 gallons) must be performed using a conveyance system that uses a tube 

(e.g., pipe, or hose) to add waste into the container below the waste surface, or within 15.2 cm (6 

inches) of the bottom of the container. A container used for waste fixation is required (during 

the fixation process) to be located in an enclosure with a closed-vent system that is operating 

with sufficient airflow to capture and route all organic vapors vented from the container to a 

control device. The enclosure may have permanent or temporary openings, but must be 

maintained at a pressure below atmospheric pressure such that whenever an open container is 

placed inside the enclosure, no organic vapors released from the container exit through the 

openings.
5

iv. Standards for Closed-Vent Systems and Control Devices.

The requirements under the recommended subpart CC standards for an individual closedvent system with control device are identical to those already applicable to TSDF owners, and 

operators under subpart AA in 40 CFR parts 264 and 265. The subpart AA standards were 

promulgated in June 1990, and require TSDF owners and operators to use closed-vent systems 

and control devices to control organic air emissions from process vents associated with 

distillation, fractionation, thin-film evaporation, solvent extraction, and air, or steam stripping 

operations at a TSDF.

v. Waste Determinations.

If an owner or operator chooses to determine that a particular tank, surface impoundment, 

or container is not subject to specific control requirements on the basis of the volatile organic 

concentration at the point of waste generation, or organic vapor pressure of the hazardous waste 

being managed in the unit, the owner or operator is required to perform periodic waste 

determinations. Either direct measurement or evaluation of the waste is used to determine that a 

waste contains a mass-weighted average concentration at the point of waste generation of less 

than 500 ppmw volatile organics, or is below the organic vapor pressure limit.

Direct measurement of the waste volatile organic concentration or organic liquid vapor 

pressure is performed using EPA reference test methods. An evaluation of the waste must 

demonstrate conclusively that the waste volatile organic concentration or organic vapor pressure 

is below the specified limit under all conditions. For example, a company that generates a 

hazardous waste as a result of manufacturing a product could provide the EPA with evidence that 

no volatile organic chemicals are used in the manufacturing process.

The waste determination for a waste generated as a continuous flow needs to be 

performed initially before the first time any portion of the hazardous waste is placed in a unit 

subject to the final standards and repeated at least annually. In addition, the owner or operator is 

required to perform a new waste determination whenever changes to the process generating, or 

treating the hazardous waste could potentially cause the average volatile organic concentration to 

increase to, or above 500 ppmw, or cause the treatment process performance to decline below the 

minimum efficiency requirements specified in the rule. For a hazardous waste that is generated 

as a discrete quantity of material from a batch process, sequenced, or intermittent operation, or 

non-continuous source, the waste determination must be performed for each discrete quantity of 

hazardous waste generated before the waste is placed in a waste management unit not controlled 

for organic air emissions.

vi. Monitoring and Inspection Requirements.

To ensure that emission control equipment is properly operated and maintained, the 

recommended standards require the owner or operator to include certain emission control 

equipment items as part of the inspections the owner or operator already is conducting to comply

with existing RCRA standards (e.g., 40 CFR 264.195 for tanks, 40 CFR 264.254 for surface 
6

impoundments, 40 CFR 264.174 for containers). During the visual inspections, emission control 

equipment covers on tanks are to be checked semiannually by the facility workers to ensure that 

equipment is being used properly (i.e., covers are closed and latched except when an opening 

must be used in accordance with conditions specified in the rules) and that the equipment is 

being maintained in good condition (e.g., no visible holes, gaps, tears, or splits have developed in 

covers).

Continuous monitoring of control device operation is required under the rules. This 

involves the use of automated instrumentation to measure critical operating parameters that 

indicate whether the control device is operating correctly or is malfunctioning. Semiannual leak 

detection monitoring using EPA Reference Method 21 also is required for certain cover 

components to ensure gaskets and seals are in good condition, and for closed-vent systems to 

ensure all fittings remain leak-tight. In addition, each closed-vent system must be monitored for 

leaks using Reference Method 21 at least once per year.

vii. Recordkeeping Requirements.

To provide the EPA enforcement personnel with a means of verifying compliance with 

the recommended standards, the owner or operator is required to record certain information 

documenting emission control equipment performance and maintenance in the on-site facility 

operating logs or files. This information will be available for review by the EPA enforcement 

personnel during on-site compliance inspection. The information to be collected and recorded 

includes: the results of all waste determinations such as of volatile organic concentration at the 

point of generation and organic vapor pressure; waste determination documentation for units not 

using air emission controls in accordance with the rule control requirements; design 

specifications for closed-vent systems and control equipment inspection and control equipment; 

emission control equipment inspection and monitoring results; Reference Method 27 test results; 

control device exceedances and actions taken to remedy them; leak repairs; management of 

carbon removed from carbon adsorption systems, and identification of equipment fittings 

designated as difficult, or unsafe to monitor, or inspect.

Consistent with 40 CFR sections 264.73 and 265.73, the recommended standards require 

that all records be maintained in the facility operating record until facility closure except records 

and results of inspections and monitoring, which need to be kept for at least three years from the 

date of entry.

viii. Reporting Requirements.

The recommended reporting requirements for the owner or operator of a TSDF are 

simple and straightforward. There are no reporting requirements for the owner or operator of an 

interim status TSDF. The owner or operator of a permitted TSDF is not required to submit any

reports unless: 1) a control device malfunction is not corrected within 24 hours of detection; 

or 2) a hazardous waste with organic content at the point of waste generation that equals, or 

exceeds, the 500 ppmw mass-weighted average volatile organic concentration, or that has been 

treated by a process that fails to meet applicable general requirements in the recommended rule, 
7

is managed in a unit without proper emission controls. If any of these events (referred to as 

“exceedances”) occur, the owner or operator is required to maintain a record of the exceedance. 

For control device exceedance, the owner or operator is required to submit a written report to the 

EPA on a semiannual basis describing any exceedances that occurred during the past 6-month 

period, explain why each exceedance occurred, and what action was taken to return to 

compliance. For waste exceedances, the owner or operator is required to submit a written report 

to the EPA within 15 calendar days of the time that the owner or operator becomes aware of the 

circumstances explaining why the hazardous waste was not managed in accordance with the 

requirements of the standards.

For some TSDF tanks, an owner or operator is allowed to use either a fixed roof with an 

internal floating cover, or an external floating roof as an alternative to a cover vented to a control 

device. Reporting requirements for internal and external floating roofs require the owner or 

operator to notify the EPA at least 30 days prior to the filling of the empty tank to provide the 

EPA the opportunity to inspect the roof and seals for compliance with the standards prior to 

refilling. This requirement is necessary because the internal or external roof seals can only be 

inspected when the tank is empty. Inspection is required initially and no more than once every

five years for external floating roofs and 10 years for internal floating roofs.

The collected information will be used by the EPA enforcement personnel to ensure that 

the requirements of the recommended rules are being properly applied and that emission control 

devices are being properly operated and maintained on a continuous basis. In addition, records 

and reports are necessary to enable the EPA to identify TSDF owners or operators that may not 

be operating in compliance with the standards. The reported information is used by the EPA to 

target TSDFs for inspection and identify what records, or waste management units should be 

inspected at the TSDF. The information that TSDF owners or operators are required to maintain 

is recorded in sufficient detail to enable owners or operators to demonstrate their means of 

complying with the applicable standards. The data collected by the affected facility is retained at 

the facility for a minimum of three years. In addition, the information collected from the 

recordkeeping and reporting requirements is of sufficient quality to be used as evidence in court.

3. Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part 264, subpart 

CC, and 40 CFR part 265, subpart CC.

3(a) Non-duplication

If the subject standards have not been delegated, the information is sent directly to the 

appropriate EPA regional office. Otherwise, the information is sent directly to the delegated 

state or local agency. If a state or local agency has adopted its own similar standards to 

implement the Federal standards, a copy of the report submitted to the state or local agency can 

be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, 

duplication does not exist.
8

3(b) Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR was published 

in the Federal Register (78 FR 33409) on June 4, 2013. No comments were received on the 

burden published in the Federal Register. 

3(c) Consultations

The Agency’s industry experts have been consulted, and the Agency’s internal data 

sources and projections of industry growth over the next three years have been considered. The 

primary source of information as reported by industry, in compliance with the recordkeeping and 

reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is 

operated and maintained by EPA's Office of Compliance. OTIS is EPA’s database for the 

collection, maintenance, and retrieval of all compliance data. The respondent universe estimate 

is based on information from the RCRA Info database. 

Industry trade associations and other interested parties were provided an opportunity to 

comment on the burden associated with the standard as it was being developed and the standard 

has been previously reviewed to determine the minimum information needed for compliance 

purposes. In developing this ICR, we contacted: 1) the American Chemistry Council (ACC), at 

(703) 741-6050; and 2) the Synthetic Organic Chemical Manufacturing Association (SOCMA),

at (202) 721-4100.

It is our policy to respond after a thorough review of comments received since the last 

ICR renewal as well as those submitted in response to the first Federal Register notice. In this 

case, no comments were received.

3(d) Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of assurance that 

facilities are continuing to meet the standards. Requirements for information gathering and 

recordkeeping are useful techniques to ensure that good operation and maintenance practices are 

applied and emission limitations are met. If the information required by these standards was 

collected less frequently, the proper operation and maintenance of control equipment and the 

possibility of detecting violations would be less likely.

3(e) General Guidelines

These reporting or recordkeeping requirements do not violate any of the regulations 

promulgated by OMB under 5 CFR part 1320, section 1320.5.

3(f) Confidentiality

Any information submitted to the Agency for which a claim of confidentiality is made 

will be safeguarded according to the Agency policies set forth in Title 40, chapter 1, part 2, 
9

subpart B - Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, 

September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 

1978; 44 FR 17674, March 23, 1979).

3(g) Sensitive Questions

The reporting or recordkeeping requirements in the standard do not include sensitive 

questions.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are facilities that treat, 

store, or dispose of RCRA Subtitle C hazardous waste. The United States Standard Industrial 

Classification (SIC) codes for the respondents affected by the standards are SIC 20 through 39

series, which correspond to the North American Industry Classification System (NAICS) codes 

31 through 33 series. 

4(b) Information Requested

(i) Data Items

In this ICR, all the data that is recorded or reported is required by the Air Emission 

Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 

40 CFR Part 265, Subpart CC). 

A source must make the following reports:

Notifications

The owner or operator notifies the RA in writing that hazardous 

waste generated by an organic peroxide manufacturing process, or 

processes meeting the conditions of paragraph (d)(1) of this section 

are managed at the facility in tanks, or containers meeting the 

conditions of paragraph (d)(2) of this section.

264.1080(d)(3)

Notwithstanding the exemption, the Stonewall Plant at Elkton, WV 

must still comply with 264.1085 and all that is referenced there 

including complying with 264.1087, 264.1089, and the part of 

264.1090 applicable to surface impoundments and/or closed-vent 

systems and control devices.

264.1080(e)(2)

The Sistersville, WV plant shall provide to the EPA and WVDEP 

written notification of the actual date of initial startup of the thermal 

incinerator, and commencement of the methanol recovery operation.

264.1080(f)(2)(i)(B)
10

Notifications

Prior to each inspection of the internal floating roof the owner or 

operator shall notify the RA in advance of each inspection to provide 

the RA with the opportunity to have an observer present during the 

inspection.

264.1084(e)(3)(iv),

265.1085(e)(3)(iv)

Prior to each visual inspection of an internal floating roof in a tank 

that has been emptied and degassed, written notification shall be 

prepared and sent by the owner or operator so that it is received by 

the RA at least 30 calendar days before refilling the tank except 

when an inspection is not planned as provided for in paragraph 

(e)(3)(iv)(B) of this section.

264.1084(e)(3)(iv)(A),

265.1085(e)(3)(iv)(A)

When a visual inspection is not planned and the owner or operator 

could not have known about the inspection 30 calendar days before 

refilling the tank, the owner or operator shall notify the RA as soon 

as possible, but no later than 7 calendar days before refilling of the 

tank.

264.1084(e)(3)(iv)(B),

265.1085(e)(3)(iv)(B)

Reports

The reporting requirements of 264.1090 are applicable to the 

Sistersville, WV plant and are applicable to surface impoundments 

and closed-vent systems with control devices associated with surface 

impoundments.

264.1080(f)(1)(iv)

The Sistersville, WV plant shall comply with the reporting 

requirements of paragraphs 264.1080(f)(2)(viii)(A) through (G) of 

this section.

264.1080(f)(1)(viii)

Each owner or operator managing hazardous waste in a tank, surface 

impoundment, or container exempted from using air emission 

controls as specified under 40 CFR 264.1082(c) shall report to the 

RA each occurrence when hazardous waste is placed in a waste 

management unit in noncompliance with 40 CFR 264.1082(c)(1), or 

(c)(2) of this part, as applicable. The owner or operator shall submit 

a written report within 15 calendar days of the time that they become 

aware of the occurrence.

264.1090(a)

Each owner or operator using air emission controls on a tank in 

accordance with 40 CFR 264.1084(c) of this subpart shall report to 

the RA each occurrence when hazardous waste is managed in a tank 

in noncompliance with 40 CFR 264.1084(b) of this subpart. The 

owner or operator shall submit a written report within 15 calendar 

days of the time that they become aware of the occurrence.

264.1090(b)

Each owner or operator using control device in accordance with 40 264.1090(c)
11

Reports

CFR 264.1087 of this subpart shall submit a semiannual report to the 

RA.

A report to the RA in accordance with the requirements of paragraph 

(c) of this section is not required for a 6-month period during which 

all control devices subject to this subpart are operated by the owner 

or operator such that:

(1) During no period of 24 hours, or longer did a control device 

operate continuously in noncompliance with the applicable operating 

values defined in 264.1035(c)(4); and

(2) No flare was operated with visible emissions for 5 minutes, or 

longer in a 2-hour period, as defined in 264.1033(d).

264.1090(d)

A source must keep the following records:

Recordkeeping

The owner or operator must keep a written operating record of his 

facility.

264.73, 265.73

The requirements of this subpart, except for the recordkeeping 

requirements specified in 264.1089(i) of this subpart, are 

administratively stayed for a tank, or container used for the 

management of hazardous waste generated by organic peroxide 

manufacturing.

The requirements of this subpart, except for the recordkeeping 

requirements specified in 264.1090(i) of this subpart, are 

administratively stayed for a tank, or container used for the 

management of hazardous waste generated by organic peroxide 

manufacturing.

264.1080(d),

265.1080(d)
12

Recordkeeping

The owner or operator prepares documentation in accordance with 

264.1089(i) of this subpart, explaining why an undue safety hazard 

would be created if air emission controls specified in 264.1084 

through 264.1087 of this subpart are installed and operated on the 

tanks and containers used at the facility to manage the hazardous 

waste generated by the organic peroxide manufacturing process, or 

processes meeting the conditions of paragraph (d)(1) of this section.

The owner or operator prepares documentation in accordance with 

264.1090(i) of this subpart, explaining why an undue safety hazard 

would be created if air emission controls specified in 264.1085 

through 264.1088 of this subpart are installed and operated on the 

tanks and containers used at the facility to manage the hazardous 

waste generated by the organic peroxide manufacturing process, or 

processes meeting the conditions of paragraph (d)(1) of this section.

264.1080(d)(2),

265.1080(d)(2)

The Sistersville, WV plant shall keep on-site, up to date records of 

the information described in paragraphs (f)(2)(ii)(C)(1) through 

((f)(2)(ii)(C)(4) of this section.

264.1080(f)(2)(ii)(C),

265.1080(f)(2)(ii)(C)

The Sistersville, WV plant shall develop and implement a startup 

plan as required by the provisions set forth in paragraph (f)(2)(ii)(D) 

of this section.

264.1080(f)(2)(ii)

(D)(1), 265.1080(f)

(2)(ii)(D)(1)

The Sistersville, WV plant shall maintain a record of the defect 

repair in accordance with the requirements specified in paragraph 

(f)(2)(iii)(D) of this section.

264.1080(f)(2)(iii)

(C)(3)(ii), 

265.1080(f)(2)(iii)

(C)(3)(ii)

The Sistersville, WV plant shall keep on-site up to date readily

accessible records of the inspections and repairs required to be 

performed by paragraph (f)(2)(iii) of this section.

264.1080(f)(2)(iii)(D),

265.1080(f)(2) (iii)(D)

The Sistersville, WV plant shall record the dates and times during 

which the capper unit and the condenser are operating.

264.1080(f)(2)(iv)

(B)(3), 265.1080(f)

(2)(iv)(B)(3)

The Sistersville, WV plant shall keep on-site up to date records of the 

parameters specified to be monitored under paragraph (f)(2)(iv)(B) 

of this section. 

264.1080(f)(2)(iv)(C), 

265.1080(f)(2) (iv)(C)
13

Recordkeeping

The Sistersville, WV plant shall keep on-site up to date readily

accessible records of the amounts of collected methanol directed to 

reuse, recovery, thermal recovery/treatment and bio-treatment 

necessary for the measurements required under paragraph 

264.1080(f)(2)(iv)(B) of this section.

The Sistersville, WV plant shall keep on-site up to date readily

accessible records of the amounts of collected methanol directed to 

reuse, recovery, thermal recovery/treatment and bio-treatment 

necessary for the measurements required under paragraph 

265.1080(f)(2)(iv)(B) of this section.

264.1080(f)(2)(v)(C),

265.1080(f)(2)(v)(C)

The Sistersville, WV plant shall maintain on-site each record 

required by paragraph 264.1080(f)(2) of this section through the 

MON compliance date.

The Sistersville, WV plant shall maintain on-site each record 

required by paragraph 265.1080(f)(2) of this section through the 

MON compliance date.

264.1080(f)(2)(vii),

265.1080(f)(2)(vii)

Within 30 days of the date the Sistersville Plant receives written 

notice of the revocation under paragraph (f)(3)(iv) of this section, the 

Sistersville Plant shall enter and maintain in the facility operating 

record an implementation schedule.

264.1080(g)(1)(ii),

265.1080(g)(1)(ii)

Perform initial inspection of the fixed roof and its closure devices on, 

or before the date that the tank becomes subject to this section and, 

thereafter, at least once per year.

264.1084(c)(4)(ii),

265.1085(c)(4)(ii)

Maintain a record of the inspection required by 264.1084(c)(4)(ii) in 

accordance with the requirements in 264.1089(b) of this subpart. 

Maintain a record of the inspection required by 264.1085(c)(4)(ii) in 

accordance with the requirements in 265.1090(b) of this subpart. 

264.1084(c)(4)(iv),

264.1085(c)(4)(iv)

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 264.1089(b) of this 

subpart.

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 265.1090(b) of this 

subpart.

264.1084(e)(3)(vi),

265.1085(e)(3)(vi)

The owner or operator shall perform measurements of the gaps 

between the tank wall and the primary seal within 60 calendar days 

after initial operation of the tank following installation of the floating 

roof and, thereafter, at least once every 5 years.

264.1084(f)(3)(i)(A),

265.1085(f)(3) (i)(A)
14

Recordkeeping

The owner or operator shall perform measurements of the gaps 

between the tank wall and the secondary seal within 60 calendar days 

after initial operation of the tank following installation of the floating 

roof and, thereafter, at least once every year.

264.1084(f)(3)(i)(B),

265.1085(f)(3)(i)(B)

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 264.1089(b) of this 

subpart.

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 265.1090(b) of this 

subpart.

264.1084(f)(3)(i)(F),

265.1085(f)(3)(i)(F)

The owner or operator shall perform an initial inspection of the 

external floating roof and its closure devices on, or before the date 

that the tank becomes subject to this standard. Thereafter, the owner 

or operator shall perform these inspections at least once every year.

264.1084(f)(3)(ii)(B),

265.1085(f)(3)(ii)(B)

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 264.1089(b) of this 

subpart.

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 265.1090(b) of this 

subpart.

264.1084(f)(3)(ii)(D),

265.1085(f)(3)(ii)(D)

Prior to each inspection of the external floating roof the owner or 

operator shall notify the RA in advance of each inspection to provide 

the RA with the opportunity to have an observer present during the 

inspection.

264.1084(f)(3)(iii),

265.1085(f)(3)(iii)

Prior to each inspection to measure external floating roof seal gaps as 

required under paragraph (f)(3)(i) of this section, written notification 

shall be prepared and sent by the owner or operator so that it is 

received by the RA at least 30 calendar days before the 

measurements are scheduled to be performed.

264.1084(f)(3)(iii)(A),

265.1085(f)(3)(iii)(A)

Prior to each visual inspection of the external floating roof in a tank 

that has been emptied and degassed, written notification shall be 

prepared and sent by the owner or operator so that it is received by 

the RA at least 30 calendar days before refilling the tank, except 

when an inspection is not planned as provided for in paragraph 

(f)(3)(iii)(C) of this section.

264.1084(f)(3)(iii)(B),

265.1085(f)(3)(iii)(B)

When a visual inspection is not planned and the owner or operator 

could not have known about the inspection 30 calendar days before 

refilling the tank, the owner or operator shall notify the RA as soon 

as possible, but no later than 7 calendar days before refilling of the 

tank.

264.1084(f)(3)(iii)(C), 

265.1085(f)(3)(iii)(C)
15

Recordkeeping

The owner or operator shall perform an initial inspection of the air 

emission control equipment on, or before the date that the tank 

becomes subject to this section. Thereafter, the owner or operator 

shall perform these inspections at least once every year.

264.1084(g)(3)(iii),

265.1085(g)(3)(iii)

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 264.1089(b) of this 

subpart.

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 265.1090(b) of this 

subpart.

264.1084(g)(3)(v),

265.1085(g)(3)(v)

The owner or operator who uses an enclosure vented through a 

closed-vent system to an enclosed combustion control device to 

control air pollution emission shall perform the verification 

procedure for the enclosure as specified in Section 5.0 to AProcedure 

T-Criteria for and Verification of a Permanent of Temporary Total 

Enclosure” initially when the enclosure is first installed and, 

thereafter, annually.

264.1084(i)(1),

265.1085(i)(1)

Prepare a written explanation for the cover stating the reasons why 

the cover is unsafe to inspect and monitor.

264.1084(l)(1)(i),

265.1085(l)(1)(i)

Develop and implement a written plan and schedule to inspect and 

monitor the cover, using the procedures specified in the applicable 

section of this subpart, as frequently as practicable during those times 

when a worker can safely access the cover.

264.1084(l)(1)(ii),

265.1085(l)(1)(ii)

The owner or operator shall perform an initial inspection of the 

floating membrane cover and its closure devices on, or before the 

date that the surface impoundment becomes subject to this section. 

Thereafter, the owner or operator shall perform these inspections at 

least once every year.

264.1085(c)(3)(ii),

265.1086(c)(3)(ii)

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 264.1089(c) of this 

subpart.

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 265.1090(c) of this 

subpart.

264.1085(c)(3)(iv),

265.1086(c)(3)(iv)

The owner or operator shall perform an initial inspection of the air 

emission control equipment on, or before the date that the surface 

impoundment becomes subject to this section. Thereafter, the owner 

or operator shall perform these inspections at least once every year.

264.1085(d)(3)(iii),

265.1086(d)(3)(iii)
16

Recordkeeping

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 264.1089(c) of this 

subpart.

The owner or operator shall maintain a record of the inspection in 

accordance with the requirements specified in 265.1090(c) of this 

subpart.

264.1085(d)(3)(v),

265.1086(d)(3)(v)

Prepare a written explanation for the cover stating the reasons why 

the cover is unsafe to inspect visually, or to monitor if required.

264.1085(g)(1), 

265.1086(g)(1) 

Develop and implement a written plan and schedule to inspect and 

monitor the cover using the procedures specified in the applicable 

section of this subpart as frequently as practicable during those times 

when a worker can safely access the cover.

264.1085(g)(2),

265.1086(g)(2) 

When a hazardous waste is already in the container at the time the 

owner or operator first accepts possession of the container and the 

container is not emptied within 24 hours after the container is 

accepted the owner or operator shall visually inspect the container 

and its cover and closure devices.

264.1086(c)(4)(i),

264.1086(d)(4)(i),

265.1087(c)(4)(i),

265.1087(d)(4)(i)

When a container used for managing hazardous waste remains at the 

facility for a period of one year, or more the owner or operator shall 

visually inspect the container and its cover and closure devices 

initially and, thereafter, at least once every 12 months.

264.1086(c)(4)(ii),

264.1086(d)(4)(ii),

265.1087(c)(4)(ii),

265.1087(d)(4)(ii)

The owner or operator shall maintain at the facility a copy of the 

procedure used to determine that containers with capacity of 0.46 

cubic meters, or greater, which do not meet the DOT regulations as 

specified in paragraph (f) of this section, are not managing hazardous 

waste in light material service.

264.1086(c)(5),

265.1087(c)(5)

Owners or operators that use Container Level 3 controls in 

accordance with the provisions of this subpart shall prepare and 

maintain the records specified in 264.1089(d) of this subpart.

Owners or operators that use Container Level 3 controls in 

accordance with the provisions of this subpart shall prepare and 

maintain the records specified in 264.1089(d) of this subpart.

264.1086(e)(5),

265.1087(e)(5)

For closed-vent systems and control devices: the closed-vent system 

joints, seams, or other connections that are permanently, or semipermanently sealed, shall be visually inspected at least once per year.

264.1033(l)(1)(ii)(A)

Closed vent components, or connections other than those specified in 

paragraph (l)(1)(ii)(A) of this section shall monitor annually and at 

other times specified by the RA.

264.1033(l)(1)(ii)(B)

For closed-vent systems and control devices that operate at pressure 

below atmospheric pressure: the owner or operator shall perform an 

initial inspection of the closed vent system on, or before the system 

becomes subject to this section, and at least once per year.

264.1033(l)(2)(ii)
17

Recordkeeping

The owner or operator shall maintain a record of the inspection and 

monitoring in accordance with the requirements specified in 

264.1035 of this subpart.

264.1033(l)(2)(iv)

The owner or operator shall maintain a record of the defect repair in 

accordance with the requirements specified in 264.1035 of this 

subpart.

264.1033(l)(3)(iv)

The owner or operator using a carbon adsorption system to control 

air pollution emissions shall document the proper disposal of spent 

hazardous carbon.

264.1034(n)

The owner or operator shall demonstrate compliance with the 

requirement that period of planned routine maintenance of the 

control device, during which the control device does not properly 

control emissions as required by 264.1087(c)(1), shall not exceed 

240 hours, by recording the information specified in 

264.1089(e)(1)(v).

The owner or operator shall demonstrate compliance with the 

requirement that period of planned routine maintenance of the 

control device, during which the control device does not properly 

control emissions as required by 265.1088(c)(1), shall not exceed 

240 hours, by recording the information specified in 

265.1090(e)(1)(v).

264.1087(c)(2)(iv),

265.1088(c)(2)(iv)

The owner or operator shall develop and implement a written plan 

and schedule to perform the inspections and monitoring required by 

paragraph (a) of this section. The owner or operator shall 

incorporate this plan and schedule into the facility inspection plan 

required under 40 CFR 264.15.

The owner or operator shall develop and implement a written plan 

and schedule to perform the inspections and monitoring required by 

paragraph (a) of this section. The owner or operator shall 

incorporate this plan and schedule into the facility inspection plan 

required under 40 CFR 265.15.

264.1088(b), 

265.1089(b)

Each owner or operator of a facility subject to the requirements of 

this subpart shall record and maintain the information specified in 

paragraphs (b) through (j) of this section.

264.1089(a), 

265.1090(a)

The owner or operator of a tank using air emission controls in 

accordance with the requirements of 264.1084 of this subpart shall 

prepare and maintain records.

The owner or operator of a tank using air emission controls in 

accordance with the requirements of 265.1085 of this subpart shall 

prepare and maintain records.

264.1089(b), 

265.1090(b)
18

Recordkeeping

The owner or operator of a surface impoundment using air emission 

controls in accordance with the requirements of 264.1085 of this 

subpart shall prepare and maintain records for the surface 

impoundment.

The owner or operator of a surface impoundment using air emission 

controls in accordance with the requirements of 265.1086 of this 

subpart shall prepare and maintain records for the surface 

impoundment.

264.1089(c), 

265.1090(c)

The owner or operator of containers using Container Level 3 air 

emission controls in accordance with the requirements of 264.1086 

of this subpart shall prepare and maintain records.

The owner or operator of containers using Container Level 3 air 

emission controls in accordance with the requirements of 265.1087 

of this subpart shall prepare and maintain records.

264.1089(d), 

265.1090(d)

The owner or operator using a closed-vent system and control device 

in accordance with the requirements of 264.1087 of this subpart shall 

prepare and maintain records.

The owner or operator using a closed-vent system and control device 

in accordance with the requirements of 265.1088 of this subpart shall 

prepare and maintain records.

264.1089(e), 

265.1090(e)

The owner or operator of a tank, surface impoundment, or container 

exempted from standards in accordance with the provisions of 

264.1082(c) of this subpart shall prepare and maintain records.

The owner or operator of a tank, surface impoundment, or container 

exempted from standards in accordance with the provisions of 

265.1083(c) of this subpart shall prepare and maintain records.

264.1089(f), 

265.1090(f)
19

Recordkeeping

An owner or operator designating a cover as “unsafe to inspect and 

monitor” pursuant to 264.1084(l), or 264.1085(g) of this subpart 

shall record in a log kept in the facility operating record the 

following information: The identification numbers for waste 

management units with covers that are designated as Aunsafe to 

inspect and monitor,” the explanation for each cover stating why the 

cover is unsafe to inspect and monitor, and the plan and schedule for 

inspecting and monitoring each cover.

An owner or operator designating a cover as “unsafe to inspect and 

monitor” pursuant to 265.1085(l), or 265.1086(g) of this subpart 

shall record in a log kept in the facility operating record the 

following information: The identification numbers for waste 

management units with covers that are designated as “unsafe to 

inspect and monitor,” the explanation for each cover stating why the 

cover is unsafe to inspect and monitor, and the plan and schedule for 

inspecting and monitoring each cover.

264.1089(g), 

265.1090(g)

The owner or operator of a facility that is subject to this subpart and 

to the control device standards in 40 CFR part 60, subpart VV, or 40 

CFR part 61, subpart V, may elect to demonstrate compliance with 

the applicable sections of this subpart by documenting either 

pursuant to this subpart, or pursuant to the provisions of 40 CFR part 

60, subpart VV, or 40 CFR part 61, subpart V, to the extent that the 

documentation required by 40 CFR parts 60 and 61 duplicates the 

documentation required by this section.

264.1089(h), 

265.1090(h)
20

Recordkeeping

For each tank or container not using air emission controls specified 

in 264.1084 through 264.1087 of this subpart in accordance with the 

conditions specified in 264.1080(d) of this subpart shall record and 

maintain the following information:

(1) A list of the individual organic peroxide compounds 

manufactured at the facility that meet the conditions specified in 

264.1080(d)(1).

(2) A description of how the hazardous waste containing the organic 

peroxide compounds identified in paragraph (i)(1) are managed at the 

facility in tanks and containers.

(3) An explanation of why managing the hazardous waste containing 

the organic peroxide compounds identified in paragraph (i)(1) of this

section in the tanks and containers as described in paragraph (i)(2) of 

this section would create an undue safety hazard if the air emission 

controls, as required under 264.1084 through 264.1087 of this 

subpart, are installed and operated on these waste management units.

For each tank, or container not using air emission controls specified 

in 265.1085 through 265.1088 of this subpart in accordance with the 

conditions specified in 265.1080(d) of this subpart shall record and 

maintain the following information:

(1) A list of the individual organic peroxide compounds 

manufactured at the facility that meet the conditions specified in 

265.1080(d)(1)

(2) A description of how the hazardous waste containing the organic 

peroxide compounds identified in paragraph (i)(1) are managed at the 

facility in tanks and containers.

(3) An explanation of why managing the hazardous waste containing 

the organic peroxide compounds identified in paragraph (i)(1) of this 

section in the tanks and containers as described in paragraph (i)(2) of 

this section would create an undue safety hazard if the air emission 

controls, as required under 265.1085 through 265.1088 of this 

subpart, are installed and operated on these waste management units.

264.1089(i), 

265.1090(i)
21

Recordkeeping

For each hazardous waste management unit not using air emission 

controls specified in 264.1084 through 264.1087 of this subpart in 

accordance with the requirements of 264.1080(b)(7) of this subpart, 

the owner and operator shall record and maintain the following 

information:

(1) Certification that the waste management unit is equipped with 

and operating air emission controls in accordance with the 

requirements of an applicable Clean Air Act regulation codified 

under 40 CFR part 60, part 61, or part 63.

(2) Identification of the specific requirements codified under 40 CFR 

part 60, part 61, or part 63 with which the waste management unit is 

in compliance.

For each hazardous waste management unit not using air emission 

controls specified in 265.1085 through 265.1088 of this subpart in 

accordance with the requirements of 265.1080(b)(7) of this subpart, 

the owner and operator shall record and maintain the following 

information:

(1) Certification that the waste management unit is equipped with 

and operating air emission controls in accordance with the 

requirements of an applicable Clean Air Act regulation codified 

under 40 CFR part 60, part 61, or part 63.

(2) Identification of the specific requirements codified under 40 CFR 

part 60, part 61, or part 63 with which the waste management unit is 

in compliance.

264.1089(j), 

265.1090(j)

Electronic Reporting

Some of the respondents are using monitoring equipment that automatically records 

parameter data. Although personnel at the affected facility must still evaluate the data, internal 

automation has significantly reduced the burden associated with monitoring and recordkeeping at 

a plant site. 

Also, regulatory agencies in cooperation with the respondents continue to create reporting 

systems to transmit data electronically. However, electronic reporting systems are still not 

widely used. At this time, it is estimated that approximately zero percent of the respondents use 

electronic reporting.
22

(ii) Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid 

supply pressure for floating roof or vapor recovery system.

Perform initial performance test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and 

systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and 

maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and 

providing information.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Currently sources are using monitoring and reporting equipment that provide parameter 

data in an automated way e.g., continuous parameter monitoring system. Although personnel at 

the source still need to evaluate the data, this type of monitoring equipment has significantly

reduced the burden associated with monitoring and recordkeeping. 

5. The Information Collected: Agency Activities, Collection Methodology, and 

Information Management

5(a) Agency Activities 

EPA conducts the following activities in connection with the acquisition, analysis, 

storage, and distribution of the required information:
23

Agency Activities

Review notifications and reports, including performance test reports, and excess emissions 

reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information System (OTIS). 

5(b) Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect the source to

determine whether the pollution control devices are properly installed and operated. 

Performance test reports are used by the Agency to discern a source’s initial capability to comply

with the emission standard, and note the operating conditions under which compliance was 

achieved. Data and records maintained by the respondents are tabulated and published for use in 

compliance and enforcement programs. The semiannual reports are used for problem 

identification, as a check on source operation and maintenance, and for compliance 

determinations.

Information contained in the reports is entered into OTIS which is operated and 

maintained by EPA's Office of Compliance. OTIS is EPA’s database for the collection, 

maintenance, and retrieval of compliance data for approximately 125,000 industrial and 

government-owned facilities. EPA uses the OTIS for tracking air pollution compliance and 

enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. 

EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner/operator for three 

years.

5(c) Small Entity Flexibility

A majority of the respondents are large entities (i.e., large businesses). However, the 

impact on small entities (i.e., small businesses) was taken into consideration during the 

development of the regulation. Due to technical considerations involving the process operations 

and the types of control equipment employed, the recordkeeping and reporting requirements are 

the same for both small and large entities. The Agency considers these to be the minimum 

requirements needed to ensure compliance and, therefore, cannot reduce them further for small 

entities. To the extent that larger businesses can use economies of scale to reduce their burden, 

the overall burden will be reduced.

5(d) Collection Schedule

The specific frequency for each information collection activity within this request is 

shown in below Table 1: Annual Respondent Burden and Cost – Air Emission Standards for 
24

Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 

265, Subpart CC) (Renewal).

6. Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the recordkeeping and 

reporting requirements applicable to the industry for each of the subparts included in this ICR. 

The individual burdens are expressed under standardized headings believed to be consistent with 

the concept of burden under the Paperwork Reduction Act. Wherever appropriate, specific tasks 

and major assumptions have been identified. Responses to this information collection are 

mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a currently valid OMB Control Number.

6(a) Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping 

and reporting requirements is estimated to be 712,293 hours (Total Labor Hours from Table 1

below). These hours are based on Agency studies and background documents from the 

development of the regulation, Agency knowledge and experience with the RCRA program, the 

previously approved ICR, and any comments received.

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs

This ICR uses the following labor rates: 

Managerial $123.04 ($58.59+ 110%) 

Technical $101.22 ($48.20 + 110%)

Clerical $51.18 ($24.37 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 

2013, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from 

column 1, “Total compensation.” The rates have been increased by 110 percent to account for 

the benefit packages available to those employed by private industry.

(ii) Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection activities in the 

subject standards are both labor costs which are addressed elsewhere in this ICR and the costs 

associated with continuous monitoring. The capital/startup costs are an initial, one-time cost 

when a facility becomes subject to the regulation. The annual operation and maintenance costs 

are the ongoing costs to maintain the monitor and other costs such as photocopying and postage.
25

(iii) Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous 

Monitoring 

Device

(B)

Capital/Startup 

Cost for One 

Respondent

(C)

Number of 

New

Respondents

(D)

Total 

Capital/Startup 

Cost, (B X C)

(E)

Annual O&M 

Costs for One 

Respondent

(F)

Number of 

Respondents 

with O&M

(G)

Total O&M,

(E X F)

Organic emission 

control equipment N/A N/A N/A $2,000 6,209 $12,418,000

Total $0 $12,418,000

The total capital/startup costs for this ICR are $0. This is the total of column D in the 

above table. 

The total operation and maintenance (O&M) costs for this ICR are $12,418,000. This is 

the total of column G. 

The average annual cost for capital/startup and operation and maintenance costs to 

industry over the next three years of the ICR is estimated to be $12,418,000. These are 

recordkeeping costs.

6(c) Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of the reported 

information. EPA's overall compliance and enforcement program includes activities such as the 

examination of records maintained by the respondents, periodic inspection of sources of 

emissions, and the publication and distribution of collected information. 

The average annual Agency cost during the three years of the ICR is estimated to be 

$338,310. 

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

Managerial $62.27 (GS-13, Step 5, $38.92 + 60%) 

Technical $46.21 (GS-12, Step 1, $28.88 + 60%)

Clerical $25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2013 General Schedule,

which excludes locality, rates of pay. The rates have been increased by 60 percent to account for 

the benefit packages available to government employees. Details upon which this estimate is 

based appear below in Table 2: Average Annual EPA Burden and Cost – Air Emission Standards 

for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR 

Part 265, Subpart CC) (Renewal).
26

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

Based on our research for this ICR, on average over the next three years, approximately

6,209 existing respondents will be subject to the standard. It is estimated that no new

respondents per year will become subject. The overall average number of respondents, as shown 

in the table below, is 6,209 per year. 

The respondent universe was estimated during rule development based on the 

information that 70 percent of TSDFs and 25 percent of LQGs would be subject to RCRA 

subpart CC requirements. The regulated universe is the sum of applicable TSDFs and LQGs:

Regulated Universe

70% of 2,393 = 1,675 (TSDFs subject to RCRA subpart CC)

25% of 18,135 = 4,534 (LQGs subject to RCRA subpart CC)

1,675 + 4,534 = 6,209 respondents subject to RCRA subpart CC.

Semiannual Reporting

It is assumed that 0.5 percent of control devices malfunction resulting in the need for a 

semiannual report. The Sistersville Plant XL project always reports semiannually.

0.5% of 6,209 = 31

31 + Sistersville Plant = 32 (Semiannual Reports)

Other Reports

For exceedances it is assumed that 1 percent of waste determination results in exceedance 

annually. This would result in the need for a report to EPA within 15 calendar days. Therefore, 

1 percent of the regulated universe would submit a report to EPA within 15 calendar days, once 

per year.

1% of 6,209 = 62 (Report to EPA within 15 calendar days, once per year)

We also assume that the Sisterville Plant XL project will submit an annual report. 

Notification Reports

It is assumed that 10 percent of sources with internal floating roofs and 20 percent of 

sources with external floating roofs will require notifications annually. One facility notifies EPA 

that they will use the hydrogen peroxide management exemption (40 CFR 264.1080(d) and 40 

CFR 265.1080(d).

10% of 6,209 = 620.9 
27

20% of 6,209 = 1,241.8

1,241.8 + 620.9 = Facility using hydrogen peroxide exemption = 1,864 

(Notification Reports)

1,864 + 62 + 32 = 1,958 (Number of existing respondents that submit reports)

The number of respondents is calculated using the following table that addresses the three 

years covered by this ICR. 

Number of Respondents

Year

(A)

Number of New 

Respondents

(B)

Number of 

Existing 

Respondents

1

(C)

Number of Existing 

Respondents that keep 

records but do not 

submit reports

(D)

Number of 

Existing 

Respondents That 

Are Also New

Respondents

(E)

Number of 

Respondents

(E=A+B+C-D)

1

0 1,958 4,251 0 6,209

2

0 1,958 4,251 0 6,209

3

0 1,958 4,251 0 6,209

Average 0 1,958 4,251 0 6,209

1

Existing respondents that submit reports = 1,864 + 62 + 32 = 1,958 (notification reports, annual exceedance 

reports, and semiannual reports)

Column D is subtracted to avoid double-counting respondents. As shown above, the 

average Number of Respondents over the three year period of this ICR is 6,209. 

The total number of annual responses per year is calculated using the following table: 
28

Total Annual Responses

(A)

Information Collection Activity

(B)

Number of 

Respondents

(C)

Number of 

Responses

(D)

Number of Existing 

Respondents That Keep 

Records But Do Not 

Submit Reports

(E)

Total Annual 

Responses

E=(BxC)+D

Notification report for internal and 

external floating roof 1,864 1 0 1,864

Semiannual report 32 2 0 64

Annual exceedance report 62 1 0 62

Annual Sisterville Plant project report 1 1 0 1

Recordkeeping requirements 0 0 4,251 4,251

Total 6,242

The number of Total Annual Responses is 6,242.

The total annual labor costs are $69,674,685. Details regarding these estimates may be 

found below in Table 1: Annual Respondent Burden and Cost – Air Emission Standards for 

Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart CC, and 40 CFR Part 

265, Subpart CC) (Renewal).

6(e) Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the respondents and the 

Agency are shown in Tables 1 and 2, respectively, and summarized below. 

(i) Respondent Tally

The total annual labor hours are 712,293 at a cost of $69,674,685. Details regarding 

these estimates may be found below in Table 1. Annual Respondent Burden and Cost – Air 

Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 264, Subpart 

CC, and 40 CFR Part 265, Subpart CC) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 114 hours per response.

The total annual capital/startup and O&M costs to the regulated entity are $12,418,000. 

The cost calculations are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and 

Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is estimated to be 

7,507 labor hours at a cost of $338,310. See: Table 2 below: Average Annual EPA Burden and 
29

Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40 CFR Part 

264, Subpart CC, and 40 CFR Part 265, Subpart CC) (Renewal).

6(f) Reasons for Change in Burden

There is an adjustment increase in the respondent burden hours and costs from the most 

recently approved ICR. The previous ICR used rounded numbers, while this ICR uses exact 

values in calculating burden hours. In addition, this ICR uses updated labor rates from the 

Bureau of Labor Statistics to calculate burden costs.

There is also an increase of one response in this ICR due to a correction. The previous 

ICR did not account for the annual project report for the Sisterville Plant when calculating the 

total number of responses. 

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 114 hours per response. Burden means the total time, effort, or financial 

resources expended by persons to generate, maintain, retain, or disclose or provide information 

to or for a Federal agency. This includes the time needed to review instructions; develop, 

acquire, install, and utilize technology and systems for the purposes of collecting, validating, and 

verifying information, processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously applicable instructions and 

requirements; train personnel to be able to respond to a collection of information; search data 

sources; complete and review the collection of information; and transmit or otherwise disclose 

the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a 

collection of information unless it displays a valid OMB Control Number. The OMB Control 

Numbers for EPA regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-OECA-2013-0333. An electronic version of the public docket is 

available at http://www.regulations.gov/ which may be used to obtain a copy of the draft 

collection of information, submit or view public comments, access the index listing of the 

contents of the docket, and to access those documents in the public docket that are available 

electronically. When in the system, select “search,” then key in the docket ID number identified 

in this document. The documents are also available for public viewing at the Enforcement and 

Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), WJC West, 

Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone 

number for the docket center is (202) 566-1752. Also, you can send comments to the Office of 
30

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 

Number EPA-HQ-OECA-2013-0333 and OMB Control Number 2060-0318 in any

correspondence. 

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in collecting this 

information.
31

Table 1: Annual Respondent Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers (40

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

Burden item

(A) 

Person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year 

(A x B)

(D) 

Respondents 

per year 

a

(E) 

Technical 

personhours per 

year 

(C x D)

(F) 

Management 

person hours 

per year

(E x 0.05)

(G) 

Clerical 

person 

hours per 

year 

(E x 0.1)

(H) 

Total Cost Per 

Year b

1. Applications N/A

2. Survey and Studies N/A

3. Reporting requirements

 a. Read rule and instructions c4 1 4 6,209 24,836 1,241.8 2,483.6 $2,793,801.64 

 b. Required activities N/A

 c. Create information N/A

 d. Gather existing information 1 1 1 6,209 6,209 310.45 620.9 $698,450.41 

 e. Write report

 i. Annual project report d1 1 1 1 1 0.05 0.1 $112.49 

 ii. Final project report d1 0 0 1 0 0 0 $0

 iii. Report required by 264.1080(f)(2)(viii)(F) d1 0 0 1 0 0 0 $0

 iv. Semiannual report e1 2 2 32 64 3.2 6.4 $7,199.36 

v. Report to EOA within 15 calendar days of waste 

determination exceedance f

1 2 2 62 124 6.2 12.4 $13,948.76 

 vi. Notify EPA/WVDEP 60 days in advance for 

performance test of incinerator

1 0 0 1 0 0 0 $0

 vii. Performance test results report for Sistersville 

Plant

1 0 0 1 0 0 0 $0

 viii. Notification regarding hydrogen peroxide 

management g

1 1 1 1 1 0.05 0.1 $112.49 

 ix. Notify RA 30 days in advance of any gap 

measurements to be taken h

1 1 1 1,242 1,242 62.1 124.2 $139,712.58 

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

refilling tank i

1 1 1 621 621 31.05 62.1 $69,856.29 

Subtotal for Reporting Requirements 38,062.7 $3,723,194.02

4. Recordkeeping requirements

 a. Recordkeeping for Sistersville, WV plant j
32

Burden item

(A) 

Person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year 

(A x B)

(D) 

Respondents 

per year 

a

(E) 

Technical 

personhours per 

year 

(C x D)

(F) 

Management 

person hours 

per year

(E x 0.05)

(G) 

Clerical 

person 

hours per 

year 

(E x 0.1)

(H) 

Total Cost Per 

Year b

 i. Prepare and record documentation that air 

emission control present undue hazard

1 1 1 1 1 0.05 0.1 $112.49 

 ii. Information going into annual report

 a. Emission analysis 0.33 1 0.33 1 0.33 0.02 0.03 $37.12 

 b. Plant performance evaluation 0.33 1 0.33 1 0.33 0.02 0.03 $37.12 

 c. Description of anticipated problems 0.33 1 0.33 1 0.33 0.02 0.03 $37.12 

 iii. Startup/shutdown plan 1 0 0 1 0 0 0 $0

 iv. Records of defect repair 0.5 2 1 1 1 0.05 0.1 $112.49 

 v. Records of the inspection and repair of the 

closed-vent system

0.5 2 1 1 1 0.05 0.1 $112.49 

 vi. Record dates and time that capper unit and 

condenser are operating

0.25 365 91.25 1 91.25 4.56 9.13 $10,264.71 

vii. Record amount of methanol generated and 

recovered; and condenser temperature

0.25 365 91.25 1 91.25 4.56 9.13 $10,264.71 

viii. Record of amount of methanol directed to reuse, 

recovery, thermal recovery/treatment and biotreatment

0.25 365 91.25 1 91.25 4.56 9.13 $10,264.71 

 b. Read instructions c4 1 4 6,209 24,836 1,241.8 2,483.6 $2,793,801.64 

 c. Plan activities k16 1 16 6,209 99,344 4,967.2 9,934.4 $11,175,206.56

 d. Implement activities

 i. Waste determination for VO concentration at a 

point of origin 

 a. Waste determination once every 12 months 2 1 2 6,209 12,418 620.90 1,241.80 $1,396,900.82 

 ii. Waste determination for treated hazardous waste

 a. Waste determination for batch process once 

every 12 months

2 1 2 6,209 12,418 620.90 1,241.80 $1,396,900.82 

iii. Inspect and monitor each closed vent system l0.08 365 29.2 3,105 90,666 4,533.30 9,066.60 $10,199,018.34

iv. Write and implement an inspection plan and 

place in facility inspection plan

4 1 4 0 0 0 0 $0

v. Inspect all coverings and monitor for initial 
33

Burden item

(A) 

Person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year 

(A x B)

(D) 

Respondents 

per year 

a

(E) 

Technical 

personhours per 

year 

(C x D)

(F) 

Management 

person hours 

per year

(E x 0.05)

(G) 

Clerical 

person 

hours per 

year 

(E x 0.1)

(H) 

Total Cost Per 

Year b

detectable emissions, initial operation, using Method 

21

 a. Tanks 4 1 4 0 0 0 0 $0

 b. Surface impoundments 5 1 5 0 0 0 0 $0

 c. Containers 2 1 2 0 0 0 0 $0

vi. Inspect all coverings and monitor for detectable 

emissions at least once every 6 months using Method 

21

 a. Tanks (includes Method 27- transportation 

vehicles)

4 2 8 6,209 49,672 2,483.60 4,967.20 $5,587,603.28 

 b. Surface impoundments 5 2 10 119 1,190 59.50 119 $133,863.10 

 c. Containers 2 2 4 6,209 24,836 1,241.80 2,483.60 $2,793,801.64 

vii. Owner/operator writes and implements plan with 

schedule to inspect unsafe covers

1 1 1 0 0 0 0 $0

viii. Owner/operator writes and implements plan with 

schedule to inspect difficult to inspect covers

1 1 1 0 0 0 0 $0

ix. Secondary seal inspection once a year 4 1 4 6,209 24,836 1,241.8 2,483.6 $2,793,801.64 

x. Primary seal inspection once every 5 years m4 1 4 1,242 4,968 248.40 496.80 $558,850.32 

xi. General standards, record ID number of BIF, or 

incinerator used to treat waste

0.25 1 0.25 0 0 0 0 $0

xii. Tanks and unsafe covers, record list of ID 

numbers for tanks with unsafe covers explain why it’s 

unsafe and plan to inspect and monitor each cover

0.25 1 0.25 0 0 0 0 $0

xiii. Tanks with difficult to inspect covers, record list 

of ID numbers, explain why difficult and plan to 

inspect and monitor each cover

0.3 1 0.3 0 0 0 0 $0

e. Develop record system 16 1 16 0 0 0 0 $0

f. Time to enter information

 i. Record each cover installed on a tank and 

certifies to its specifications

0.25 1 0.25 0 0 0 0 $0
34

Burden item

(A) 

Person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year 

(A x B)

(D) 

Respondents 

per year 

a

(E) 

Technical 

personhours per 

year 

(C x D)

(F) 

Management 

person hours 

per year

(E x 0.05)

(G) 

Clerical 

person 

hours per 

year 

(E x 0.1)

(H) 

Total Cost Per 

Year b

ii. Record each floating membrane installed on a 

surface impoundment and certifies to its 

Specifications

0.25 1 0.25 0 0 0 0 $0

iii. Record each enclosure used to control air 

emissions and certifies to its specifications

0.25 1 0.25 0 0 0 0 $0

iv. Records for each closed vent and control device 

it is designed to operate at the performance level for 

tank, surface impoundments, or container

0.25 1 0.25 0 0 0 0 $0

v. Records all Method 27 tests performed by 

owner/operator for each container

0.5 1 0.5 6,209 3,104.5 155.23 310.45 $349,225.21 

vi. Records all visual inspections for each tank, 

surface impoundment and container, including covers

1 1 1 6,209 6,209 310.45 620.90 $698,450.41 

Tanks with air emission controls:

vii. Records date of each attempts to repair leak, 

repair methods applied and date of successful repair 

0.5 2 1 6,209 6,209 310.45 620.9 $698,450.41 

viii. Records all continuous monitoring 0.25 365 91.25 621 56,666.25 2,833.31 5,666.63 $6,374,386.46 

ix. Records management of carbon removed from a 

carbon absorption system 

0.5 2 1 3,105 3,105 155.25 310.5 $349,281.45 

x. Records date and time of each sample 0.25 2 0.5 6,209 3,104.5 155.23 310.45 $349,225.21 

xi. Records results of each sample 0.25 2 0.5 6,209 3,104.5 155.23 310.45 $349,225.21 

xii. Records tank dimensions and design capacity 0.3 1 0.3 0 0 0 0 $0

Tanks with alternative emission control (floating 

roofs):

xiii. Records in the facility operating plan of the 

internal floating roof 

0.25 1 0.25 0 0 0 0 $0

xiv. Record the equipment design and certifies that it 

meet applicable requirements

0.25 1 0.25 0 0 0 0 $0

xv. Record each inspection, the tank, date, and what 

components were inspected

0.25 2 0.5 6,209 3,104.5 155.23 310.45 $349,225.21 

 a. If defects found, identify the tank and describe 

the repairs that were made

0.25 2 0.5 6,209 3,104.5 155.23 310.45 $349,225.21 
35

Burden item

(A) 

Person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per 

respondent 

per year

(C)

Person 

hours per 

respondent 

per year 

(A x B)

(D) 

Respondents 

per year 

a

(E) 

Technical 

personhours per 

year 

(C x D)

(F) 

Management 

person hours 

per year

(E x 0.05)

(G) 

Clerical 

person 

hours per 

year 

(E x 0.1)

(H) 

Total Cost Per 

Year b

xvi. Record in the facility operating plan the external 

floating roof

0.25 1 0.25 0 0 0 0 $0

xvii. Record the equipment design and certifies that it 

meets applicable requirements

0.25 1 0.25 0 0 0 0 $0

xviii. Record gap measurements of the tank, date of 

inspection, raw data and calculations

0.25 1 0.25 6,209 1,552.25 77.61 155.23 $174,612.60 

 a. If defects found, record the tank, date tank was 

emptied, or repairs make and the nature of repair

0.25 1 0.25 6,209 1,552.25 77.61 155.23 $174,612.60 

xix. Continuous monitoring inspections

 a. Closed-vent systems 4 1 4 6,209 24,836 1,241.8 2,483.6 $2,793,801.64 

xx. Roof inspections/gap measurements:

 a. Secondary seal inspection (once a year) 4 1 4 6,209 24,836 1,241.8 2,483.6 $2,793,801.64 

 b. Primary seal inspection (once every 5 years)n4 0.2 0.8 1,242 993.6 49.68 99.36 $111,770.06 

g. Train personnel

 i. Waste determination methods 8 1 8 6,209 49,672 2,483.6 4,967.2 $5,587,603.28 

 ii. Control equipment inspection and monitor 8 1 8 6,209 49,672 2,483.6 4,967.2 $5,587,603.28 

h. Audits N/A

Subtotal for Recordkeeping Requirements 674,230.7 $65,951,491.00

TOTAL LABOR BURDEN AND COST (rounded) 712,293 $69,674,685 

Assumptions:

a

 We have assumed that the average number of respondents that will be subject to this rule will be 6,209. There will be no new additional sources during the next three 

years of this ICR.

b

 This ICR uses the following labor rates: $123.04 per hour for Executive, Administrative, and Managerial labor; $101.22 per hour for Technical labor, and $51.18 per 

hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2013, Table 2. Civilian Workers, by 

Occupational and Industry group. The rates are from column 1, Total Compensation. The rates have been increased by 110 percent to account for the benefit packages 

available to those employed by private industry.

c

 We have assumed that all of the respondents will read the rule and instructions.

d

 We have assumed that only the Sistersville, WV Plant XL Project will be reporting.
36

e

 We have assumed that 0.5 percent of respondents will report control devices malfunction, resulting in exceedance annually (0.5% x 6,209=31), along with the 

Sistersville Plant XL project (1) always reports semiannually for a total of 31+1=32 semiannual reports.

f

 We have assumed that 1 percent of waste determination will result in exceedance annually (1% x 6,209=62).

g

 We have assumed that only one facility currently uses the exemption regarding hydrogen peroxide management located at 40 CFR 264.1080(d) and 40 CFR 

265.1080(d). 

h

 We have assumed that 20 percent of the tank roofs will be inspected each year (external roof).

i

 We have assumed that 10 percent of respondents will empty and refill a tank (internal floating roof).

j

 We assume recordkeeping only for the Sistersville, WV Plant XL Project. 

k

 We have assumed that it will take each respondent sixteen hours once per year to plan activities.

l

 We have assumed that it will take 50 percent of respondent will be required on a daily basis to inspect and monitor each closed vent system.

m

 We have assumed that 20 percent of respondents will take 4 hours once every five years to complete the primary seal inspection.

n

 We have assumed that 20 percent of tanks with alternative emission controls (floating roofs) will each take 4 hours 0.2 times per year, which equates to once every 5 

years, to complete the primary seal inspection.

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

70 percent subject to these rules – 1,675

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

 25 percent subject to these rules = 4,534

Total number of respondents = 6,209 

1,675 TSDFs averaging 4 tanks and 15 containers subject to the regulations

4 tanks x 1,675 = 6,700

15 containers x 1,675 = 25,125

4,534 LQGs averaging 1 tank (25%), or 6 containers (75%) subject to the regulations

1 tank x 4,534 x 0.25 = 1,134

6 containers x 4,534 x 0.75 = 20,403

Total tanks subject = 5,742

Total containers subject = 36,499

10 percent of containers using cover and closed-vent system = 3,650

Total surface impoundments = 91

Respondents using Method 25D for waste determinations = 10%

Respondents reporting waste exceedances = 1%

Respondents reporting control device operating parameter exceedances = 0.5%

Average number of waste streams on-site - 10
37

Table 2: Average Annual EPA Burden and Cost – Air Emission Standards for Tanks, Surface Impoundment and Containers 

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

Activity

(A) 

EPA person 

hours per 

occurrence

(B) 

No. of 

occurrences 

per plant 

per year

(C) 

EPA 

person 

hours per 

respondent 

per year 

(A x B)

(D) 

Plants 

per year 

a

(E) 

Technical 

personhours per 

year 

(C x D)

(F) 

Management 

person hours 

per year 

(E x 0.05)

(G) 

Clerical 

person hours 

per year 

(E x 0.1)

(H) 

Total Cost 

Per Year b

1. Review report

 a. Waste exceedance reports c

4 1 4 62 248 12.4 24.8 $12,852.48 

 b. Control device exceedance reports d4 2 8 32 256 12.8 25.6 $13,267.07 

 c. Notification reports e1 1 1 1,864 1,864 93.2 186.4 $96,600.87 

2. Review Records

 a. Select site an review permit f8 1 8 520 4,160 208 416 $215,589.92 

TOTAL ANNUAL BURDEN AND COST (rounded) 7,507 $338,310 

Assumptions:

a

 We have assumed that the average number of respondents that will be subject to this rule will be 6,209. There will be no new additional sources during the next three 

years of this ICR.

b

 This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $62.27 for 

Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 for Technical (GS-12, Step 1, $28.88 x 1.6), and $25.01 for Clerical (GS-6, Step 3, $15.63 x 1.6). These rates are 

from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay.

c

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

d

 Semiannual responses assumes 0.5% of control devices malfunction resulting in an exceedance (0.5% of 6,209 potential respondents), plus the Sistersville, WV Plant.

e

 We have assumed that 10 percent of internal floating roof respondents (10% x 6,209 = 621), plus 20% of external roof respondents (20% x 6,209 = 1,242), and one 

facility using hydrogen peroxide exemption (621 + 1,242 + 1 = 1,864) will submit notification reports.

f

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