[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Pages 26901-26903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13436]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5510-5]


Agency Information Collection Activities Up for Renewal; Neshap 
for Benzene Emissions for Benzene Waste Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C.

[[Page 26902]]

3501 et seq.), this notice announces that the Information Collection 
Request (ICR) listed below is coming up for renewal. Before submitting 
the renewal package to the Office of Management and Budget (OMB), EPA 
is soliciting comments on specific aspects of the collection as 
described below.

DATES: Comments must be submitted on or before July 29, 1996.

ADDRESSES: United States Environmental Protection Agency, Office of 
Enforcement and Compliance Assurance, Office of Compliance, 
Manufacturing, Energy and Transportation Division, Energy and 
Transportation Branch (2223A), 401 M Street, SW, Washington, DC. 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Rafael Sanchez, United States 
Environmental Protection Agency, Office of Enforcement and Compliance 
Assurance, Office of Compliance, Manufacturing, Energy and 
Transportation Division, Energy and Transportation Branch (2223A), 401 
M Street, SW. Telephone: (202) 564-7028. Facsimile: (202) 564-0039. 
Internet: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7c2f1d121f141906522e1d1a1d19103c392c3d313d353052392c3d523b332a">[email protected]</a>

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities affected by this action are facilities 
which generate wastes that contain benzene, such as chemical 
manufacturing plants, coke by-product recovery plants, and petroleum 
refineries. Other affected entities are those owners and operators of 
hazardous waste treatment, storage, and disposal facilities (TSDF) 
which receive wastes from the above facilities.
    Title: NESHAP for Benzene Emissions for Benzene Waste Operations--
40 CFR part 61, subpart FF, OMB No. 2060-0183, Expiration Date: 8/31/
96.
    Abstract: The National Emission Standards for Benzene Emissions for 
Benzene Waste Operations were promulgated on March 7, 1990. Due to 
widespread confusion among affected industries concerning key 
provisions of the rule, EPA issued a stay of effectiveness of subpart 
FF on March 5, 1992 (57 FR 8012). The stay remained in effect until 
January 7, 1993, when EPA promulgated clarifying amendments to Subpart 
FF. The standards are codified at 40 CFR part 61, subpart FF.
    The provisions of this subpart apply to owners and operators of 
chemical manufacturing plants, coke by-product recovery plants, and 
petroleum refineries. In addition, this subpart applies to owners and 
operators of hazardous waste treatment, storage, and disposal 
facilities that treat, store, or dispose of hazardous waste generated 
from the above facilities.
    The calculation of total annual benzene (TAB) quantity in all 
aqueous waste streams determines whether a facility is subject to 
control requirements of the rule. A facility at or above the TAB 
threshold in the rule of 10 megagram per year (Mg/yr) is required to 
control each benzene waste stream at the facility, or demonstrate that 
the waste stream meets a criterion in the rule for exemption from 
control. A facility with a TAB below 10 Mg/yr is only subject to the 
rule's reporting and record keeping provisions, unless the facility 
receives a waste from offsite that must be controlled in order to meet 
Subpart FF, in which case that waste must be controlled. A facility 
with a TAB less than 1 Mg/yr is only subject to maintain documentation 
of the quantity of benzene in the waste.
    Owners or operators of the affected facilities described above must 
make the following one-time-only notices or reports: notification of 
anticipated startup; notification of actual startup; notification of an 
emission test, report following an emission test; notification of any 
physical/operational changes (i.e., modification) that could increase 
emissions, a monitoring system performance test; and a report following 
a monitoring system performance test. These notifications and reports 
are general provisions and required of all sources subject to any 
NESHAP.
    Reporting requirements specific to benzene waste operations include 
submission, within 90 days after January 7, 1993, or by the initial 
startup for a new source, of an initial report that summarizes the 
regulatory status of each waste stream containing benzene. Each owner 
or operator who has no benzene onsite in wastes, products, byproducts, 
or intermediary shall submit an initial report that is a statement to 
this effect.
    If the TAB quantity from facility waste is less than 1 Mg/yr, then 
the owner and operator shall submit a report that updates its 
regulatory status whenever there is a change in the process that may 
cause the TAB to increase.
    If the TAB is less than 10 Mg/yr, but equal to or greater than 1 
Mg/yr, then the owner or operator shall submit a report that updates 
the regulatory status of each waste stream containing benzene. The 
report shall be submitted annually and whenever there is a change in 
the process generating the waste stream that could cause the total 
annual benzene quantity from facility waste to increase to 10 Mg/yr or 
more. If the information in the annual report does not change in the 
following year, the owner or operator may submit a statement to that 
effect.
    If the total annual benzene quantity from facility waste is equal 
to or greater than 10 Mg/yr, then the owner or operator shall submit 
the following reports:
    (1) Within 90 days after January 7, 1993, or by the date of initial 
startup for a new source with an initial startup after the effective 
date, a certification that the equipment necessary to comply with these 
standards has been installed, and that the required initial inspections 
or tests have been carried out in accordance with this subpart.
    (2) Beginning on the date that the equipment necessary to comply 
with these standards has been certified, the owner or operator shall 
submit, annually, a report that updates the regulatory status of each 
stream.
    (3) Beginning three months after the date that the equipment 
necessary to comply with these standards has been certified, the owner 
or operator shall submit, quarterly, a certification that all the 
required inspections have been carried out in accordance with the 
requirements of this subpart.
    (4) Beginning three months after the date that the equipment 
necessary to comply with these standards has been certified, the owner 
or operator shall submit a report, quarterly, that summarizes all the 
monitoring of operations.
    (5) Beginning one year after the date that the equipment necessary 
to comply with these standards has been certified, the owner or 
operator shall submit, annually, a report that summarizes all 
inspections during which detectable emissions are measured or a problem 
(such as a broken seal, gap or other problem) that could result in 
benzene emissions is identified, including information about the 
repairs or corrective action taken.
    Monitoring and record keeping requirements specific to benzene 
waste operations include maintaining records that identify each waste 
stream at the facility subject to this subpart, and indicate whether 
the waste stream is controlled for benzene emissions in accordance with 
this subpart. In addition, the owner or operator shall maintain the 
following records:
    (1) For each waste stream not controlled for benzene emissions in 
accordance with this subpart, the records shall include all test 
results, measurements, calculations, and other documentation used to 
determine the following information for the waste stream: waste stream 
identification, water content, whether or not the waste stream is a 
process wastewater stream,

[[Page 26903]]

annual waste quantity, range of benzene concentrations, annual average 
flow-weighted benzene concentration, and annual benzene quantity.
    (2) For each process wastewater stream not controlled for benzene 
emissions, the records shall include all measurements, calculations, 
and other documentation used to determine that the continuous flow of 
process wastewater is less than 0.02 liters per minute, or the annual 
waste quantity of process wastewater is less than 10 Mg/yr.
    (3) For each facility where process wastewater streams are 
controlled for benzene emissions, the records shall include for each 
treated process wastewater stream: all measurements, calculations, and 
other documentation used to determine the annual benzene quantity in 
the process wastewater stream exiting the treatment process.
    (4) For each facility where wastewater streams are controlled for 
benzene emissions, the records shall include all measurements, 
calculations, and other documentation used to determine the annual 
benzene quantity in the wastewater streams exiting wastewater treatment 
systems at the facility.
    (5) Owners or operators transferring waste off-site to another 
facility for treatment shall maintain documentation for each offsite 
waste shipment that includes the following information: date waste is 
shipped offsite, quantity of waste shipped offsite, name and address of 
the facility receiving the waste, and a copy of the notice sent with 
the waste shipment.
    (6) An owner or operator using control equipment, shall maintain 
engineering design documentation for all control equipment installed on 
the waste management unit. The documentation shall be retained for the 
life of the control equipment.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information;
     (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
     (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.

Burden Statement

    Most of the industry costs associated with the information 
collection activity in the standards are labor. The current average 
annual burden to industry from these record keeping and reporting 
requirements is estimated at 17,028 person-hours. The respondent costs 
have been calculated based on $14.50 per hour plus 110 percent 
overhead. The current average annual burden to industry is estimated to 
be $518,503.
    Based upon available information, it has been estimated that 395 
facilities are subject to the standards, and 140 of those are estimated 
to have more than 10 Mg/yr of benzene in the waste. In addition, EPA 
estimates that these 140 facilities have a total of 2,819 waste streams 
per facility for which initial benzene concentration determination 
could be made. A total of 57 facilities are estimated to have more than 
50 Mg/yr of benzene in their wastes and are expected to apply controls 
without applying for exceptions.
    No person is 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 displayed in 40 CFR part 9.
    Send comments regarding these matters, or any aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.


    Dated: May 17, 1995.
Elaine G. Stanley,
Director, Office of Compliance.
[FR Doc. 96-13436 Filed 5-28-96; 8:45 am]
BILLING CODE 6560-50-P

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