Agency Information Collection Activities; Proposed Collection; Comment Request; New Source Performance Standards for Subparts K, Kb, S, T, U, V, W, X, and AAA and NESHAP Subparts F, G, H, and I

Federal RegisterDec 2, 1996

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5657-4]

Agency Information Collection Activities; Proposed Collection;

Comment Request; New Source Performance Standards for Subparts K, Kb,

S, T, U, V, W, X, and AAA and NESHAP Subparts F, G, H, and I

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this document announces that EPA is planning to submit the

following proposed and/or continuing Information Collection Requests

(ICR) to the Office of Management and Budget (OMB). Before submitting

the ICRs to OMB for review and approval, EPA is soliciting comments on

specific aspects of the proposed information collection as described

below.

DATES: Comments must be submitted on or before January 31, 1997.

ADDRESSES: Office of Enforcement and Compliance Assurance, Office of

Compliance. People interested in getting copies of or making comments

about these ICRs should direct inquiries or comments to the Office of

Compliance, Mail Code 2224A, 401 M Street, S.W., Washington, DC 20460.

Information may also be acquired electronically through the Enviro$en$e

Bulletin Board, (703) 908-2092 or the Enviro$en$e WWW/Internet Address,

http//wastenot.inel.gov./envirosense/. All responses and comments will

be collected regularly for Enviro$en$e

.FOR FURTHER INFORMATION CONTACT: For NSPS Subparts K and Kb: Everett

Bishop of the Manufacturing Energy, and Transportation Division (mail

code 2223A), telephone (202) 564-7032, facsimile (202) 564-0050 or e-

mail Bishop.E[email protected]; for NSPS Subpart S: Jane Engert of

the Manufacturing Energy, and Transportation Division (mail code

2223A), telephone (202) 564-5021, facsimile (202) 564-0050 or e-mail

[email protected].; for NSPS Subparts T, U, V, W, and X:

Steve Howie, telephone (202) 564-4146, facsimile (202) 564-0085 or

Cletis Mixon, telephone (202) 564-4153, facsimile (202) 564-0085, of

the Agriculture and Ecosystems Division, Agriculture Branch (mail code

2225A); for NSPS Subpart AAA: Robert C. Marshall, Jr., of the Wood

Heater Program, telephone (202) 564-7021, facsimile (202) 564-0039 or

e-mail [email protected].; and for NESHAP Subparts F, G,

H, and I, the Hazardous Organic NESHAP (HON): Marcia Mia of the

Chemical, Commercial Services and Municipal Division, (mail code

2224A), telephone (202) 564-7042, facsimile (202) 564-0009 or e-mail

[email protected].

SUPPLEMENTARY INFORMATION:

NSPS Subpart K: Petroleum Liquid Storage Vessels Supplementary

Information

Affected entities: Entities potentially affected by this action are

those which maintain storage vessels containing petroleum liquids which

have a storage capacity greater than 151,412 liters (40,000 gallons)

that commenced construction, reconstruction or modification after June

11, 1973 and prior to May 19, 1978. Exemptions to this Subpart are for

those storage vessels for petroleum or condensate stored, processed,

and/or treated at a drilling and production facility prior to custody

transfer. This document is to begin the process of reissuing an OMB

number for an information collection request that has lapsed.

Title: The New Source Performance Standards (NSPS) for Petroleum

Liquid Storage Vessels at 40 CFR Part 60, Subpart K, ICR Control Number

1797.01.

Abstract: The ICR contains recording and recordkeeping requirements

under 40 CFR Part 60, Subpart K, that apply to Petroleum Liquid Storage

Vessels. In the Administrator's judgment volatile organic compound

(VOC) emissions from petroleum storage vessels cause or contribute to

air pollution that may reasonably be anticipated to endanger public

health or welfare. Therefore, NSPS have been promulgated for this

source category.

The control of VOC emissions from petroleum storage vessels

requires properly operated and maintained equipment. VOC emissions are

the result of evaporation of volatile organic liquids contained in the

vessels. These standards rely on the owner or operator to equip their

storage vessels with a floating roof, a vapor recovery system or their

equivalents.

In order to ensure compliance with these standards, adequate

recordkeeping is necessary. In the absence of such information,

enforcement personnel would be unable to determine whether the

standards are being met on a continuous basis, as required by the Clean

Air Act. Generally, this information will be readily available because

it is needed for plant records. As a result, there should be no

additional burden from these requirements.

The format of the rule is the collecting and maintaining of

prescribed information. An owner or operator shall maintain a record of

the petroleum liquid stored, the period of storage and the maximum true

vapor pressure of that liquid during the storage period. Determining

the vapor pressure may be ascertained by nomographs contained in API

Bulletin 2517 or from liquid samples taken from a storage vessel, if

specified by the Administrator.

Initial notifications are required by the General Provisions at 40

CFR section 60.7. These initial reports include notification of

construction or modification, reconstruction, startup, shutdown, or

malfunction. Due to the time frames established under Subpart K, there

can be no new notices for construction. Subpart K, itself, does not

require further notifications to the Agency.

Information generated by notifications and recordkeeping is used by

the Agency to ensure that facilities affected by the NSPS continue to

operate the control equipment used to achieve compliance. Notification

of construction and startup indicated to the Agency that an affected

facility was being constructed and therefore subject to the standards.

If the information were not collected, the Agency would have no means

for ensuring that compliance with the NSPS was achieved and maintained

by the sources subject to the regulation. Under these circumstances, an

owner or operator could elect to reduce operating expenses by not

installing, maintaining, or otherwise operating the control technology

required by the standards. In the absence of the recordkeeping

requirements, the standards could be enforced only through continuous

onsite inspection by regulatory agency personnel. Consequently, not

collecting

[[Page 63841]]

the information results in (1) greatly increased resource requirements

for enforcement agencies or (2) the inability to enforce the standards.

NSPS Subpart K required notification to the Agency of any affected

facility. Afterwards, the only requirements were to install appropriate

equipment, a floating roof, vapor recovery system or their equivalents

and then to maintain the following information, record of the petroleum

liquid stored, maximum true vapor pressure of the liquid stored and the

storage period for each petroleum liquid.

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, Subpart B--

Confidentiality of Business Information (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 1764, March 23, 1979).

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

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: It is estimated that 150 Respondents are affected

by Subpart K. The estimated reporting burden is 2.5 hours/respondent/

year for recordkeeping. The frequency for collecting this information

depends on the number of times in a year the petroleum storage tank is

emptied and refilled. The estimate for this is once a year. Respondent

costs generally can be calculated on the basis of $14.50 per hour, plus

110 percent overhead.

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 estimate includes

the time needed to review instructions; develop, acquire, install, and

utilize technology and systems for the purposes of collecting,

validating, and verifying information, processing and maintaining

information, and disclosing and providing information; adjust the

existing ways to comply with any previously applicable instructions and

requirements; train personnel to be able to respond to a collection of

information; search data sources; complete and review the collection of

information; and transmit or otherwise disclose the information.

NSPS Subpart Kb: Volatile Organic Liquid Storage Vessels

Supplementary Information

Affected entities: Entities potentially affected by this action are

those which maintain volatile organic liquid (VOL) storage vessels,

including petroleum storage vessels, which have a storage capacity

greater than or equal to 40 cubic meters that commenced construction,

reconstruction or modification after July 23, 1984. Exemptions to

Subpart Kb are for vessels at coke oven by-product plants, pressure

vessels designed to operate in excess of 204.9 kPa and without

emissions to the atmosphere, vessels permanently attached to mobile

vehicles, vessels with a design capacity less than or equal to

1,589.874 m3 used for petroleum or condensate stored, processed,

or treated prior to custody transfer, vessels located at bulk gasoline

storage plants, storage vessels located at gasoline service stations

and vessels used to store beverage alcohol.

Title: The New Source Performance Standards (NSPS) for Volatile

Organic Liquid Storage Vessels at 40 CFR Part 60, Subpart Kb, OMB

Control Number 2060-0074, expiring on June 3, 1997.

Abstract: The ICR contains reporting, recording, and recordkeeping

requirements under 40 CFR Part 60, Subpart Kb, that apply to VOL

Storage Vessels. In the Administrator's judgment, VOC emissions from

VOL storage vessels cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare.

Therefore, NSPS have been promulgated for this source category.

The control of emissions of VOC from storage vessels requires not

only the installation of properly designed equipment, but also the

operation and maintenance of that equipment. VOC emissions are the

result of evaporation of volatile organic liquids contained in the

vessels. These standards rely on the enclosure of the tanks by fixed or

floating roofs, or a vapor recovery system or equivalent control

device.

In order to ensure compliance with these standards, adequate

recordkeeping is necessary. In the absence of such information,

enforcement personnel would be unable to determine whether the

standards are being met on a continuous basis, as required by the Clean

Air Act. Generally, this information will be readily available because

it is needed for plant records. As a result, there should be no

additional burden from these requirements.

The format of the rule is that of an equipment standard. A

performance test is not required because conducting a performance test

is not feasible for floating roofs. Floating roofs are subject to

visual inspections and periodic measurements. Flares must meet the

General Provisions at section 60.18(f). An alternative means of

limiting emissions is permitted if it can meet the emissions

limitations required in Sec. 60.112b. For the equipment to be

permitted, a person or company must notify the Administrator who must

then publish the information in the Federal Register and hold a public

hearing. The submittal of information must include an actual emissions

test that uses a full-size or scale model storage vessel that

accurately collects all VOC emissions from a given control device and

that accurately simulates wind and accounts for other emission

variables such as temperature and barometric pressure. Also, the

submittal must include an engineering evaluation that the Administrator

determines is an accurate method of determining equivalence. (60.114b).

Owners or operators of tanks equipped with a fixed roof and

internal floating roof (IFR) shall perform visual inspections of the

roof and seals prior to filling the vessel with VOL and at least once

every 12 months thereafter. As an alternative to annual inspections,

double-sealed systems may be visually inspected internally every 5

years and each time the vessel is emptied and degassed. An internal

inspection, in which the tank is emptied and degassed, is required at

least every 10 years.

Owners or operators of tanks equipped with an external floating

roof (EFR) shall perform seal gap measurements of the gap area and

maximum gap width between the primary seal and the wall of the storage

vessel (within 60 days of the initial fill

[[Page 63842]]

and at least every 5 years thereafter) and between the secondary seal

and the wall of the storage vessel (initially and at least once per

year thereafter). They shall perform visual inspections of the roof,

seals and fittings each time the vessel is emptied and degassed.

Owners or operators of vessels equipped with closed vent systems

are required to submit, for the Administrator's approval, an operating

plan describing system design, operation, and maintenance

specifications, and an inspection plan for the system. In the event the

owner or operator has installed a flare, a report showing compliance

with visible emission General Provisions shall be furnished to the

Administrator.

Initial notifications are required by the General Provisions at 40

CFR section 60.7. These initial reports include notification of

construction or modification, reconstruction, startup, shutdown, or

malfunction. Subpart Kb includes notifications when a tank is filled or

refilled and prior to seal gap measurements.

The owner or operator of each storage vessel that is equal to or

greater than 40 m3 (10,000 gal) in capacity shall, for the life of the

source, keep readily accessible records showing the dimension of the

vessel and an analysis showing the capacity of the storage vessel.

Records shall be kept for at least 2 years of the type of VOL

stored, the period of storage, and the maximum true vapor pressure of

that VOL during the respective storage period for each storage vessel

with: (1) a design capacity greater than or equal to 151 m3 (40,000

gal) storing a liquid with a maximum true vapor pressure greater than

or equal to 1.75 kPa (0.25 psia) or (2) a design capacity greater than

or equal to 75 m3 (20,000 gal) but less than 151 m3 (40,000 gal)

storing a liquid with a maximum true vapor pressure greater than or

equal to 15.0 kPa (2.2 psia). In cases where vessels meet the criteria

for size cut-offs but are typically below the vapor pressure cut-offs,

the owner or operator shall notify the Administrator when the maximum

true vapor pressure of the liquid exceeds the respective maximum true

vapor pressure values for each volume range. Owners or operators of

each vessel equipped with a closed-vent system and 95 percent effective

control device are exempt from these requirements. Records must be kept

of inspections and seal gap measurements.

Owners or operators of each vessel storing a waste mixture of

indeterminate or variable composition shall conduct semiannual physical

testing for maximum true vapor pressure in cases where the vapor

pressure of the anticipated liquid composition is above the cutoff for

monitoring, but below the cutoff for control requirements.

The owner or operator shall keep copies of all reports and records

resulting from inspections for at least 2 years. Owners or operators of

vessels equipped with an IFR or EFR are required to submit a report

describing the control equipment and certify that the control equipment

meets the specifications of the regulation. Owners or operators of

external floating roof (EFR) vessels shall submit a seal gap

measurement reports for the primary seal and the secondary seal.

Additional reports are required only in the event the vessel is

determined to be out of compliance with the standards. These reports

shall identify the vessel, the nature of the defects, and the date that

the vessel was emptied or repaired. Reports are required for periods

when a pilot light is absent from a flare.

Information generated by notifications, recordkeeping, and

reporting requirements is used by the Agency to ensure that facilities

affected by the NSPS continue to operate the control equipment used to

achieve compliance. Notification of construction and startup indicates

to enforcement personnel when a new affected facility has been

constructed and therefore is subject to the standards. If the

information were not collected, the Agency would have no means for

ensuring that compliance with the NSPS is achieved and maintained by

the new, modified, or reconstructed sources subject to the regulation.

Under these circumstances, an owner or operator could elect to reduce

operating expenses by not installing, maintaining, or otherwise

operating the control technology required by the standards. In the

absence of the recordkeeping requirements, the standards could be

enforced only through continuous onsite inspection by regulatory agency

personnel. Consequently, not collecting the information results in (1)

greatly increased resource requirements for enforcement agencies or (2)

the inability to enforce the standards.

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, Subpart B--

Confidentiality of Business Information (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 1764, March 23, 1979).

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

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: Based upon the last ICR, there were 857

respondents with 10,455 storage vessels affected by this Subpart. The

estimated burden is: One time notification or start up burden is 47

hours/year/respondent; repeat requirements (seal and gap measurements)

burden is 23 hours/year/respondent; recordkeeping requirements burden

is estimated at 104 hours/respondent/year. Respondent costs generally

can be calculated on the basis of $14.50 per hour, plus 110 percent

overhead.

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. These estimates include

the time needed to review instructions; develop, acquire, install, and

utilize technology and systems for the purposes of collecting,

validating, and verifying information, processing and maintaining

information, and disclosing and providing information; adjust the

existing ways to comply with any previously applicable instructions and

requirements; train personnel to be able to respond to a collection of

information; search data sources; complete and review the collection of

information; and transmit or otherwise disclose the information.

NSPS Subpart S: Primary Aluminum Supplementary Information

Affected entities: Entities potentially affected by this action are

primary

[[Page 63843]]

aluminum reduction plants that commenced construction, modification, or

reconstruction after the date of proposal. The specific units to which

this subpart applies are potroom groups and anode bake plants.

Title: New Source Performance Standards (NSPS) for Primary Aluminum

Reduction Plants at 40 CFR Part 60, Subpart S, OMB Control Number 2060-

0031, expiring July 31, 1997.

Abstract: Primary aluminum processing activities result in

emissions of gaseous hydrogen fluoride and particulate fluorides,

alumina, carbon monoxide, volatile organic compounds and sulfur

dioxide. In the Administrator's judgment, emissions from these sources

are in sufficient quantity to cause or contribute to air pollution that

may endanger public health or welfare. Consequently, New Source

Performance Standards were promulgated for this source category. These

standards establish limits for both total fluoride emissions and

visible emissions, and rely on the proper installation, operation and

maintenance of particulate control devices such as electrostatic

precipitators or scrubbers. Typically, primary aluminum plants are

components of larger facilities that produce a variety of finished

products. The primary aluminum source category, however, does not

include holding furnaces, casting, or refining processes which are

generally considered under the category of secondary aluminum.

In order to ensure compliance with the standards, adequate

recordkeeping and reporting is necessary. This information enables the

Agency to: (1) identify the sources subject to the standard; (2) ensure

initial compliance with emission limits; and (3) verify continuous

compliance with the standard. Specifically, the rule requires an

application for approval of construction, notification of startup,

notification and report of the initial emissions test, and notification

of any physical or operational change that may increase the emission

rate. In addition, sources are required to keep records of all

startups, shutdowns, and malfunctions.

In the absence of such information collection requirements,

enforcement personnel would be unable to determine whether the

standards are being met on a continuous basis, as required by the Clean

Air Act. Consequently, these information collection requirements are

mandatory, and the records required by this NSPS must be retained by

the owner or operator for two years. In general, the required

information consists of emissions data and other information deemed not

to be private. However, 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,

Subpart B--Confidentiality of Business Information (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 1764, March 23, 1979).

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

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: The average annual burden to the industry over

the next three years from these recordkeeping and reporting

requirements is estimated at 874 person-hours. This is based on an

estimated 7 respondents, with no new plants or potlines expected to be

constructed in the next three years. The average annual burden for

reporting only is projected to be 296 person-hours. Respondent costs

generally can be calculated on the basis of $14.50 per hour, plus 110

percent overhead.

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 estimate includes

the time needed to review instructions; develop, acquire, install, and

utilize technology and systems for the purposes of collecting,

validating, and verifying information, processing and maintaining

information, and disclosing and providing information; adjust the

existing ways to comply with any previously applicable instructions and

requirements; train personnel to be able to respond to a collection of

information; search data sources; complete and review the collection of

information; and transmit or otherwise disclose the information.

NSPS Subparts T, U, V, W, X: Phosphate Fertilizer Supplementary

Information

Affected entities: This action affects entities which operate wet-

process phosphoric acid plants, super phosphoric acid plants, granular

diammonium phosphate plants, and triple superphosphate plants. This

action also affects entities which operate granular triple

superphosphate storage facilities.

Title: New source Performance Standards (NSPS) for the Phosphate

Fertilizer Industry at 40 CFR Part 60, Subparts T, U, V, W, X, OMB

Control Number 2060.0037, expiring June 30, 1997.

Abstract: The NSPS for the Phosphate Fertilizer Industry were

proposed in October 22, 1974, and promulgated on August 6, 1975. These

standards apply to each wet-process phosphoric acid plant, each super

phosphoric acid plant, each granular diammonium phosphate plant, and

each triple superphosphate plant, having a design capacity of more than

15 tons of equivalent phosphorous pentoxide (P2O5) feed per

calendar day. These standards also apply to granular triple

superphosphate storage facilities. Specific affected facilities for

each subpart are found at 40 CFR. 60.200, 60.210, 60.220, 60.230 and

60.240.

Phosphate fertilizer plant and phosphate bearing feed owner

operators of phosphate fertilizer plants must notify EPA of

construction, modification, start-ups, shutdowns, malfunctions, and

dates and results of the initial performance test. Owner/operators must

install, calibrate, and maintain monitoring devices to continuously

measure/record pressure drop across scrubbers.

Recordkeeping shall consist of: the occurrence and duration of all

startups and malfunctions as described; initial performance tests

results; amount of phosphate feed material; equivalent calculated

amounts of P2O5, and pressure drops across scrubber system.

Startups, shutdowns and malfunctions must be recorded as they occur.

Performance test records must contain information necessary to

determine conditions of performance test and performance test

measurements. Equivalent P2O5 stored or amount of

[[Page 63844]]

feed must be recorded daily. The CMS shall record pressure drop across

scrubbers continuously and automatically.

Reporting shall include: initial notifications listed and initial

performance test results.

The EPA is charged under Section 111 of the Clean Air Act, as

amended, to establish standards of performance for new stationary

sources. These standards must reflect application of the best

technological system of continuous emissions reductions. Such

reductions should take into consideration the cost of achieving

emission reduction, or any non-air quality health and environmental

impact and energy requirements.

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, Subpart B--

Confidentiality of Business Information (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 1764, March 23, 1979).

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

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: The reporting burden for this requirement is

limited to initial notifications and reports of performance test

results. No new sources are anticipated to occur during the period for

which renewal is requested so no reporting burden is anticipated.

The average total annual recordkeeping burden associated with this

ICR is 962.5 hours. This figure reflects a per-respondent burden of

87.5 hours, with a total of 11 respondents representing the industry.

These figures are unchanged from the current ICR. The per-respondent

annual burden consists of 0.25 hours per (daily) occurrence of time to

enter information, times 350 operation days per year (as specified in

the NSPS review document). All other burdens associated with

recordkeeping under this ICR, including time necessary to read

instructions, plan activities, and implement activities, are assumed to

be included in the burden associated with startup of new facilities and

not included in the annual recordkeeping. The numbers were derived from

standard estimates based on the EPA's experience with other standards.

Respondent costs generally can be calculated on the basis of $14.50 per

hour, plus 110 percent overhead.

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 estimate includes

the time needed to review instructions; develop, acquire, install, and

utilize technology and systems for the purposes of collecting,

validating, and verifying information, processing and maintaining

information, and disclosing and providing information; adjust the

existing ways to comply with any previously applicable instructions and

requirements; train personnel to be able to respond to a collection of

information; search data sources; complete and review the collection of

information; and transmit or otherwise disclose the information.

NSPS Subpart AAA: New Residential Wood Heaters Supplementary

Information

Affected entities: Entities potentially affected by this action are

those which manufacture or sell new residential wood heaters.

Title: Standards of Performance for New Stationary Sources; New

Residential Wood Heaters at 40 CFR 60, Subpart AAA, Sections 60.530

through 60.539(b), OMB Control Number 2060-0161, expiring August 31,

1997.

Abstract: Information is supplied to the Agency under the

applicable rule by emission testing laboratories, manufacturers and

commercial owners (e.g., distributors, retailers).

The information supplied by manufacturers to the Agency is used:

(1) to ensure that the best demonstrated technology (BDT) is being used

to reduce emissions from wood heaters, (2) to ensure that the wood

heater tested for certification purposes is in compliance with the

applicable emission standards, (3) to provide evidence that production-

line wood heaters have emission performance characteristics similar to

tested models and (4) to provide assurance of continued compliance.

Manufacturers submit a notification to the Agency stating the dates

of certification testing, perform the certification testing at an

accredited laboratory, supply detailed component drawings including

manufacturing tolerances to the Agency, reapply for certification every

five years, seal/store each tested model, and maintain all necessary

certification test records.

For each certified model line, manufacturers are required: (1) to

submit biennially, a statement certifying that no material or

dimensional changes have been made to the model line that affects

emission performance; (2) to affix both permanent and temporary labels

to each new wood heater manufactured; (3) to disclose, to the consumer,

instructions for operation and maintenance of the wood heater; (4) to

notify the Agency that a quality assurance emission test will be

conducted within one week of the mailing; (5) to maintain, for each

model line, records of certification test reports including raw field,

laboratory, and instrument calibration data; and (6) to perform and

document quality assurance parameter inspections conducted on assembly-

line wood heaters; (7) to perform and document emission audit tests

performed on assembly-line wood heaters; (8) to maintain records of the

quantity and model type of wood heaters produced and sold; (9) to

maintain records and storage locations of all wood heaters exempt from

certification requirements; and (10) to retain for the life of the

model line wood heater units tested for certification purposes.

Emission testing laboratories seeking accreditation are required:

(1) to apply to the Agency for accreditation before conducting

certification tests; (2) pass a standardized proficiency test; and (3)

notify the Agency prior conducting the required test.

The regulation requires currently accredited laboratories: (1) to

participate in proficiency test programs on an annual basis, (2) to

report within ten days the results of random compliance audits in the

form of a preliminary test report, (3) to report to the Agency the

failure of any manufacturer to submit a wood heater for testing, (4) to

report any

[[Page 63845]]

interruptions or postponements in the testing schedule and advise the

Agency of the new testing date; (5) to retain all certification test

records and documentation; and (6) to retain all certification test

records and associated documentation.

Commercial owners are required to maintain records of previous

owners of wood heaters to enable the Agency to confirm whether the

stove should be categorized as a used stove or an affected facility.

Most recordkeeping and reporting provisions of the rule consists of

emissions-related data and other information not considered

confidential. 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, Subpart B--

Confidentiality of Business Information (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 1764, March 23, 1979).

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

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for the

Agency's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

The agency would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity of the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

Burden Statement: Previous ICRs used a combination of burden hours

and/or dollar-cost figures. In these ICRs, burden hours were converted

to dollar-cost figures using an average salary multiplier ($14.50 per

hour plus 110 percent overhead) times the number of burden hours. The

dollar-cost figures were then added to compute the overall dollar-cost

figure. In this ICR, both burden hours and dollar-cost figures will be

assigned to each regulatory burden.

Based on the previous ICR, approved for use through August 31,

1996, the total annual burden to regulated entities is 8,775 hours with

a total dollar-cost of $1,349,673.38. The burden to manufacturers is

6,861 hours and $1,291,423.00. The burden to testing laboratories is

1,564 hours and $47,654.25, and the burden to retailers is 350 hours

and $10,657.25.

For manufacturers, the following hourly burden and cost estimates

are used in the current ICR. A total of 50 manufacturers testing 1.33

wood heaters per year, at a cost of 2 hours per wood heater with

payment of $5,000 in fees to the testing laboratory. Applications,

taking 8 hours each to prepare, are submitted at the rate of 1.33 per

year. Biennial reporting occurs 0.50 times per year, at a cost of 2

hours per report. It is estimated that manufacturers, on an annual

basis, attach to production-line wood heaters, 4,000 permanent and

4,000 temporary labels per year at a cost of $2 per permanent label,

and $0.75 and 0.0083 hours per temporary label. It is also estimated

that manufacturers create one owner's manual per year, taking 20 hours

to prepare, perform quality assurance testing 0.80 times per year at a

cost of $5,000 per wood heater and that it takes 2 hours to prepare the

notification to the Agency. Emission test documentation is estimated to

take 1 hour for each tested wood heater. Recordkeeping for research and

development wood heaters is expected to take place once per year and

take 2 hours to prepare. Eight hours of recordkeeping is estimated for

each stove used in certification testing that is subsequently sealed

and stored by the manufacturer.

For emission testing laboratories, the following hourly burden and

cost estimates are used in the current ICR. It is estimated that 1 new

testing laboratory will apply for certification each year and that

preparation of the application for certification will take 40 hours.

The notice for initial proficiency testing for this laboratory will

take 1 hour to prepare and the required initial proficiency test will

take 135 hours to complete. For accredited testing laboratories, an

annual demonstration of continuing proficiency is required and is

estimated to take 135 hours. Rescheduling of proficiency tests are

estimated to occur twice per year for each laboratory and take 2 hours

to prepare the required notice to the Agency. It is estimated that

currently certified test laboratories will spend 4 hours per week

maintaining emission test records.

For retailers, records of wood heaters previously owned by

noncommercial owners are required to be maintained for 5 years. It is

estimated that 875 retailers will create such records, 4 times a year

at an expense of 0.100 hour per record.

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. The above burden

estimate(s) 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.

NESHAP Subparts F, G, H, and I, the Hazardous Organic NESHAP (HON)

Supplementary Information

Affected Entities: Entities potentially affected by this action are

those which are subject to the HON with the exceptions listed in 40 CFR

63.100(f).

Title: NESHAP Subparts F, G, H, and I, the Hazardous Organic NESHAP

(HON), OMB number 2060-0282, expiring May 31, 1997.

Abstract: This ICR contains recordkeeping and reporting

requirements that are mandatory for compliance with 40 CFR part 63.100,

63.110, 63.160, and 63.190; subparts F, G, H, and I, respectively, for

hazardous air pollutant emissions from process vents, storage vessels,

transfer racks, wastewater and equipment leaks. This information is

used by the Agency to identify sources subject to the standards and to

insure that the maximum achievable control is being properly applied.

The standards require periodic recordkeeping to document process

information relating to the source's ability to comply with the

standards. Respondents are owners or operators of processes in SOCMI

industries, styrene-butadiene rubber production, polybutadiene

production, chloride production, pesticide production, chlorinated

hydrocarbon use in production of chemicals, pharmaceutical production,

and miscellaneous butadiene use.

[[Page 63846]]

Section 112 of the Clean Air Act, as amended in 1990, requires that

EPA establish standards to limit emissions of hazardous air pollutants

(HAP's) from stationary sources. The sources subject to the proposed

rule can potentially emit 149 of the 189 HAP's listed in Section 112.

In the Administrator's judgment, hazardous air pollutant (HAP)

emissions in the synthetic organic chemical industry and other

negotiated industries cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare.

Therefore, NESHAPs have been promulgated for this source category as

required under section 112 of the Clean Air Act.

Generally, respondents are required by law to submit one time

reports of start of construction, anticipated and actual start-up

dates, and physical or operational changes to existing facilities. In

addition, Subpart G requires respondents to submit five types of

reports: (1) Initial Notification, (2) Implementation Plan (note: on

August 26, 1996, EPA proposed to eliminate the need for an

Implementation Plan. No adverse comments were received and EPA plans to

go final with that notice in December), (3) Notification of Compliance

Status, (4) Periodic Reports, and (5) several event triggered reports.

The Initial Notification report identifies sources subject to the rule

and the provisions which apply to these sources. The Notification of

Compliance Status is submitted to provide the information necessary to

demonstrate that compliance has been achieved. The Periodic Reports

provide the parameter monitoring data for the control devices, results

of any performance tests conducted during the period, and information

on instances where inspections revealed problems. Subparts H and I

require the source to submit an initial report detailing the equipment

and process units subject to, and schedule for implementing each phase

of, the standard. Owners and operators also have to submit semiannual

reports of the monitoring results from the leak detection and repair

program in the equipment leak standard. All records are to be

maintained by the source for a period of at least 5 years. The Initial

Notification is due 180 days before commencement of construction or

reconstruction for new sources.

The Notification of Compliance Status would be submitted 150 days

after the source's compliance date for both new and existing sources.

Generally, Periodic Reports would be submitted semiannually.

However, if monitoring results show that the parameter values for an

emission point are outside the established range for more than 1

percent of the operating time in a reporting period, or the monitoring

system is out of service for more than 5 percent of the time, the

regulatory authority may request that the owner or operator submit

quarterly reports for that emission point. After 1 year, semiannual

reporting can be resumed, unless the regulatory authority requests

continuation of quarterly reports.

Other reports would be submitted as required by the provisions for

each kind of emission point. The due date for these kinds of reports is

tied to the event that precipitated the report itself. Examples of

these special reports include requests for extensions of repair,

notification of scheduled inspections for storage vessel and wastewater

management units, process changes, and startup, shutdown, and

malfunctions.

Subparts H and I, the equipment leak standards, would require the

submittal of an initial report and semiannual reports of leak detection

and repair experiences and any changes to the processes, monitoring

frequency and/or initiation of a quality improvement program. For new

sources, the initial report shall be submitted with the application for

construction, as under Subpart G. Every 6 months after the initial

report, a report must be submitted that summarizes the monitoring

results from the leak detection and repair program and provides a

notification of initiation of monthly monitoring or implementation of a

quality improvement program, if applicable.

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, Subpart B--

Confidentiality of Business Information (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 1764, March 23, 1979).

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

to respond to, a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA's

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

The EPA would like to solicit comments to:

(i) evaluate whether the proposed collection of information is

necessary for the proper performance of the functions of the Agency,

including whether the information will have practical utility;

(ii) evaluate the accuracy of the Agency's estimate of the burden

of the proposed collection of information, including the validity of

the methodology and assumptions used;

(iii) enhance the quality, utility, and clarity or the information

to be collected; and

(iv) minimize the burden of the collection of information on those

who are to respond, including through the use of appropriate automated

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses.

The EPA specifically would like comments on the following: (i) the

estimated percentage of respondents filing electronically; (ii) the

estimated percentage of respondents contracting out the leak detection

and repair (LDAR) portion; (iii) an estimate of the annual cost of

contracting out the LDAR program; and (iv) the model plant scenario,

which consists of: 20 parameters to monitor at control devices

throughout facility; 10 affected storage tanks of various capacities; 3

affected major wastewater streams; 4 affected transfer rack operations;

1 overall LDAR program for 2000 components; and 1 facility wide

inventory of emission points, Group 1 and Group 2.

Burden Statement: The Agency computed the burden for each of the

recordkeeping and reporting requirements applicable to the industry for

the currently approved ICR. Where appropriate, the Agency identified

specific tasks and made assumptions, while being consistent with the

concept of burden under the Paper Work Reduction Act.

The estimate was based on the assumption that there would be 18 new

affected facilities each year and that there would be 389 existing

sources over each of the next three years covered by the ICR. For the

new sources, it was estimated that it would take 250 person hours to

read the instructions, 355 person hours to plan activities, 132 person

hours for training, 4266 person hours for performance testing, 2943

person hours to gather information, monitor and inspect, 40 person

hours to process, compile and review, 557 person hours to complete

reports, 489 person hours to record and disclose information, and 264

person hours to store and file reports. For existing sources, it was

estimated that it would take 83 person hours to read the instructions,

79 person hours to plan activities, 21 person hours for training, 1767

person hours for performance

[[Page 63847]]

testing, 1693 person hours to gather information, monitor and inspect,

20 person hours to process, compile and review, 406 person hours to

complete reports, 454 person hours to record and disclose information,

and 237 person hours to store and file reports.

The annual burden to industry for the three year period covered by

this ICR from recordkeeping and reporting requirements has been

estimated at 2,321,399 hours. The respondents costs were calculated on

a basis of $33/hr technical; $49/hr managerial, and $15/clerical; with

a split of 0.05 managerial hours per technical hour and 0.10 clerical

hours per technical hour. The total annual burden to industry is

estimated at $74,587,566.

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 estimate includes

the time needed to review instructions; develop, acquire, install, and

use 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. No additional third

party burden is associated with this ICR.

Dated: November 22, 1996.

Bruce R. Weddle,

Director, Office of Compliance.

[FR Doc. 96-30609 Filed 11-29-96; 8:45 am]

BILLING CODE 6560-50-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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