# Agency Information Collection Activities

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A97-31575

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 2, 1997
- **Citation:** 62 FR 63703

## Text

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5930-9]

Agency Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this notice announces that EPA is planning to submit the
following proposed and/or continuing Information Collection Requests
(ICRs) 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

[[Page 63704]]

proposed information collections as described below.

DATES: Comments must be submitted on or before February 2, 1998.

ADDRESSES: U.S. EPA, 401 M St., S.W., Washington D.C. 20460. Interested
persons may obtain a copy of the ICR without charge by calling Sandy
Farmer of OPPE at (202) 260-2740.

FOR FURTHER INFORMATION CONTACT: NSPS subpart Ka: Everett Bishop, phone
number, 202-564-7032; facsimile, 202-564-0050; or by e-mail at
Bishop.E[email protected]. NSPS subpart O and NSPS subpart UU:
John Dombrowski, (202) 564-7036; Facsimile number, (202) 564-0009; E-
mail address ``[email protected]''. NSPS subpart QQ:
Ginger Gotliffe at (202) 564-7072 or via e-mail
([email protected]). NSPS subpart BBB: Maria Malave at
(202) 564-7027 or via e-mail ([email protected] EPA.GOV.) or send a
fax to (202) 564-0050 her attention. NESHAP subpart C and MACT subpart
X: Jane Engert, (202) 564-5021; FAX (202) 564-0050; e-mail:
[email protected]; NESHAP subpart F: Dawn Banks-Waller, (202)
564-7034; Facimile number, (202) 564-0009; Email address ``banks-
[email protected]''. MACT subpart W: Sally Sasnett at (202)
564-7074(phone); 202 564-0009 (Fax) or [email protected] .epa.gov (e-
mail).

NSPS Subpart Ka (Storage Vessels for Petroleum Liquids for Which
Construction, Reconstruction, or Modification Commenced After May 18,
1978, and Prior to July 23, 1984.)

Supplementary Information:
Affected entities: Entities potentially affected by this action are
those which have storage vessels containing petroleum liquids which
have a storage capacity greater than 151,416 liters that were
constructed, reconstructed or modified commencing after May 18, 1978
and prior to July 23, 1984.
Title: 40 CFR Part 60, NSPS Subpart Ka (Storage Vessels for
Petroleum Liquids for Which Construction, Reconstruction, or
Modification Commenced After May 18, 1978, and Prior to July 23, 1984.)
OMB Control Number 2060-0121, expiring on 5/31/98.
Abstract: The EPA is charged under Section 111 of the clean Air
Act, as amended, to establish standards of performance for new
stationary sources that reflect:

* * * application of the best technological system of continuous
emission reduction which (taking into consideration the cost of
achieving such emission reduction, or any non-air quality health and
environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated [Section ill(a) (1)].

The Agency refers to this charge as selecting the best demonstrated
technology (BDT). Section 111 also requires that the Administrator
review and, if appropriate, revise such standards every 4 years. In
addition, Section 114 (a) states that:

* * * the Administrator may require any owner or operator subject to
any requirement of this Act to, (A) establish and maintain such
records, (B) make such reports, (C) install, use and maintain such
monitoring equipment or methods (in accordance with such methods, at
such locations, at such intervals, and in such manner as the
Administrator shall prescribe), and (D) provide such other
information, as he may reasonably require.

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.
(2) Description and Practical Utility of the Information Collection
Activity. 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). The owner/operator must notify
the date of construction or reconstruction no later than 30 days after
such date, notify 60 days prior to a physical or operational change to
an existing facility which may increase emissions, record occurrences
of any start-up, shutdown or malfunction, record gap measurements:
primary seals every five years, secondary seals every year, report
within 60 days if seal gap measurements exceed regulatory limits
(Sec. 60.112a), provide notice 30 days prior to seal gap measurement,
provide information on vapor recovery system including emissions data,
operations design and maintenance plan and record whenever the liquid
is changed, type of petroleum liquid, period of storage and maximum
true vapor).
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.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other

[[Page 63705]]

technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Burden Statement: Based upon the data the Agency had from the last
ICR, the burden was estimated as follows: notifying and reporting roof
gaps is 5 hours, recording primary seal measurements is 18 hours,
recording secondary seal measurements is 90 hours and fill/refill
records is 5 hours. The frequency of response is one time and 183
respondents are estimated to be subject to these requirements. The
average annual O&M cost for complying with NSPS Subpart Ka is estimated
to be $3,578 per respondent. 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.

NSPS Subpart O: Sewage Treatment Plant Incineration

Supplementary Information
Affected entities: Entities potentially affected by this action are
those which incinerate wastes containing more than 10 percent sewage
sludge (dry basis) produced by municipal sewage treatment plants or
each incinerator which charges more than 1000 kg (2205 lb) per day
municipal sewage sludge (dry basis) and which commenced construction or
modification after June 11, 1973.
Title: NSPS Subpart O: Sewage Treatment Plant incineration, OMB
Control Number 2060-0035, expires June 30, 1998.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with 40 CFR Part 60.150,
et seq., Subpart O, New Source Performance Standards (NSPS) for sewage
sludge treatment plant incinerators. This information notifies EPA when
a source becomes subject to the regulations, informs the Agency if a
source is in compliance when it begins operation, and informs the
Agency if the source remained in compliance during any period of
operation. In the Administrator's judgment, particulate matter
emissions from sewage treatment plant incinerators cause or contribute
to air pollution that may reasonably be anticipated to endanger public
health or welfare. Therefore, NSPS were promulgated for this source
category.
The control of emissions of particulate matter from sewage
treatment plant incinerators requires not only the installation of
properly designed equipment, but also the operation and maintenance of
that equipment. Particulate matter emissions from sewage treatment
plant incinerators are the result of the physical and chemical
characteristics of the sludge feed and fuel use, the excess air rate,
the temperature profile within the incinerator, the pressure drop
across the control device, and operating procedures. These standards
rely on the reduction of particulate matter emissions by wet scrubbers.
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, that are protective of public health, are being met on a
continuous basis, as required by the Clean Air Act.
The standards require recordkeeping to document information
relating to the continuous monitoring of: the pressure drop across the
emission control device, the amount of oxygen in the incinerator
exhaust gases upstream of the emissions control device, devices which
measure temperature profiles, feed rates and fuel uses (for sources
over the .75 lb/ton input cutoff), and document information relating to
the daily results of grab samples each day of incineration to determine
moisture and volatile content of the sludge. Specifically, incinerators
from which particulate emission rate measured during the performance
test is less than or equal to 0.38 g/kg of dry sludge input (0.75 lb/
ton), shall be exempted from continuously monitoring and recording the
following: incinerator temperature, fuel flow, sludge feed rate, and
sludge moisture and volatiles content.
The standards require initial notification reports with respect to
construction, modification, reconstruction, startups, shutdowns, and
malfunctions. The standards also require reports on initial performance
tests.
Under the standard, the data collected by the affected industry is
retained at the facility for a minimum of two (2) years and made
available for inspection by the Administrator.
The information is recorded in sufficient detail to enable owners
or operators to demonstrate compliance with the standards. This
information is used to monitor particulate emissions directly, thus
ensuring continuous compliance with the standards. The semiannual
reporting requirement for scrubber pressure drop and average oxygen
content provide good indications of a source's compliance status. There
is a direct correlation between particulate removal efficiencies,
pressure drop across the scrubber, and elevated oxygen levels in the
incinerator exhaust gases. For this reason, the Agency is requiring all
sludge incinerators to continuously monitor and record pressure drop
across the scrubber and oxygen levels in the incinerator exhaust gases.
Other incinerator operating variables such as fuel use, incinerator
temperature, and sludge quality have also been found by EPA to affect
measures of particulate removal efficiencies.
The Agency considers that information on continuous sludge feed
rates is necessary to evaluate cases for potential periods of increased
particulate emissions (as indicated by changes in either scrubber
pressure drop or oxygen content). Furthermore, an increase in the
sludge feed rate, especially accompanied by increased moisture and
volatile content, requires a proportional increase in the specific fuel
consumption. Hence, excess emissions could potentially occur when
sludge feed rates are above specific fuel consumption rates. Therefore,
should either the fuel use increase, incinerator temperature increase,
sludge moisture content increase, or sludge volatile content decrease
compared to the values observed at the time of a performance test, it
is reasonable to suspect that increased emissions of particulate matter
could result. By requiring this information, EPA or other agencies to
which enforcement authority is delegated will be given the means to
identify those facilities that should be more frequently subjected to
on-site inspections. An Agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The OMB control numbers
for EPA's regulations are listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the

[[Page 63706]]

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: Public reporting and recordkeeping burden for
this collection is estimated to average 106 hours per respondent per
year. It is estimated that approximately 72 sewage treatment plants
that are equipped with sludge incinerators are currently affected by
the NSPS. It is estimated that an additional 3 sources will become
subject to the standard each year over the next three years. Therefore,
the ICR will apply to an average of 72 + 5.0, or 77 sources over the
next 3 years. For the purpose of this cost analysis, it is assumed that
50 percent of the 77 sewage sludge plants (includes estimated increase)
would fall under the size threshold (.75 lb/ton sludge input) and
thereby are exempt from monitoring incinerator temperature profiles,
sludge feed rates, fuel use, and moisture and volatile contents of the
sludge. Likewise, it is assumed that 50 percent of all the facilities
would be required to file annual excess emissions reports. Reports of
excess monitoring data are assumed to require 40 person hours per year
to prepare. Reports indicating no excess would take 8 hours to prepare.
Other assumptions used in estimating the burden hours include: there
will be 18 plants (respondents) in 5 years equal to 3.6 respondents per
year, and 20 percent of initial performance tests must be repeated due
to failure. The burden to respondents has been minimized by requiring
the collection of only that information which the Agency considers
essential to ensure that sewage sludge incinerators subject to the NSPS
are properly maintained and operated on a continuing basis. In
addition, the monitoring, recordkeeping, and reporting requirements
have been designed to reduce the incidence of reporting for plants that
achieve compliance at emission rates well below the existing NSPS
emission limit. Thus, those plants that are less likely to exceed the
existing emission limit will be less burdened by the requirements. 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. The average annual burden to industry from these
recordkeeping and reporting requirements is estimated at 8181.3 person-
hours and $360,795.33. The specific frequency for some of the
information collection activities within this request are: initial
performance tests, 72 hrs/event; repeat performance tests (estimated at
20%), 72 hrs/event; notify of construction or reconstruction, 2 hrs/
event; notify of anticipated start-up, 2 hrs/event; notify of actual
startup, 2 hrs/event; notify of demonstration of CMS, 40 hrs/event;
notify of initial performance test, 2 hrs/event; excess emissions
reports, excess reports, 40 hrs/event; non-excess Reports, 8 hrs/event;
records of startups, shutdowns, malfunctions, etc., 1.5 hrs/event;
record operating parameters of CMS, non-exempted facilities, 1.5 hrs/
event and exempted Facilities: 0.5 hrs/event.

NSPS Subpart QQ

Supplementary Information
Affected entities: Entities potentially affected by this action are
those which are subject to NSPS Subpart QQ for the graphic arts
industry, or each publication rotogravure printing press (not including
proof presses) and for which construction, modification, or
reconstruction commenced after October 28, 1980.
Title: NSPS Subpart QQ: Standards of Performance for the Graphic
Arts Industry--Publication Rotogravure Printing, OMB number 2060-0105,
expires April 30, 1998.
Abstract: The EPA is charged under Section 111 of the Clean Air
Act, as amended, to establish standards of performance for new
stationary sources that reflect:

* * * application of the best technological system of continuous
emissions reduction which (taking into consideration the cost of
achieving such emissions reduction, or any non-air quality health
and environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated [Section 111(a)(l)].

The Agency refers to this charge as selecting the best demonstrated
technology (BDT). Section 111 also requires that the Administrator
review and, if appropriate, revise such standards every four years. In
addition, Section 114(a) states that:

* * * the Administrator may require any owner or operator subject to
any requirement of this Act to (A) establish and maintain such
records, (B) make such reports, (C) install, use and maintain such
monitoring equipment or methods (in accordance with such methods at
such locations, at such intervals, and in such manner as the
Administrator shall prescribe), and (D) provide such other
information, as he may reasonably require.

In the Administrator's judgment, VOC emissions from the graphic
arts industry, publication rotogravure printing industry cause or
contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare. Therefore, the New Source
Performance Standards (NSPS) were promulgated for this source category.
The NSPS for the Graphic Arts Industry were proposed on October 28,
1980, and promulgated on November 8, 1982. These standards apply to
each publication rotogravure printing press (not including proof
presses) for which construction, modification or reconstruction
commenced after the date of proposal. Volatile organic compounds (VOCs)
are the pollutants regulated under this Subpart. The standards prohibit
the discharge into the atmosphere from any affected facility VOC equal
to more than 16 percent of the total mass of VOC solvent and water used
at that facility during any one performance averaging period.
Owners or operators of the affected facilities described must make
the following one-time-only reports: notification of the date of
construction or reconstruction (40 CFR 60.7(a)(1)); notification of the
anticipated and actual dates of startup (40 CFR 60.7(a)(2) and (a)(3));
notification of any physical or operational change to an existing
facility which may increase the regulated pollutant emission rate (40
CFR 60.7(a)(4)); and the notification of the date of the initial
performance test (40 CFR 60.7). Owners or operators are also required
to maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility (40
CFR 60.7(b)). Test reporting requirements apply only to the initial
performance test. A written report must be furnished to the
Administrator describing the results of the initial performance test
(40 CFR 60.8(a), 60.433(e)(6)). These notifications, reports and
records are required, in general, of all sources subject to NSPS.

[[Page 63707]]

Recordkeeping specific to publication rotogravure operations
include: performance test records and all other information required by
this part/subpart recorded in a permanent file suitable for inspection.
The file shall be maintained for at least two years. (40 CFR 60.7(f),
and 60.434 (a)). This other information includes: the amount of solvent
and water used, solvent recovered, and estimated emission percentage
for each performance averaging period. The performance averaging period
for monitoring of proper operation and maintenance is a calendar month
or 4 consecutive weeks. In order to calculate corrected volumes and
mass quantities, temperatures and liquid densities determined during
the most recent performance test are used, or the owner can measure
temperature to determine actual liquid densities for each performance
period.
All reports are sent to the delegated State or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA Regional Office. Notifications are used to
inform the Agency or delegated authority when a source becomes subject
to the standard. The reviewing authority may then inspect the source to
check if the pollution control devices are properly installed and
operated and the standard is being met. Performance test reports are
needed as these are the Agency's record of a source's initial
capability to comply with the emission standard. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) enhance the quality, utility, and clarity of the
information to be collected; and
(iv) minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.

Burden Statement: The Agency computed the burden for each of the
recordkeeping and reporting requirements applicable to the industry for
the currently approved Information Collection Request (ICR). Where
appropriate, the Agency identified specific tasks and made assumptions,
while being consistent with the concept of burden under the Paper
Reduction Act. 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.
This estimate is based on the assumption that there would be 45 new
affected facility over the three years of the existing ICR and that
there were approximately 165 sources in existence at the start of the
three years covered by the ICR. The annual burden of reporting and
recordkeeping requirements for facilities subject to Subpart QQ are
summarized by the following information. The reporting requirements are
as follows: Read Instructions (1 person-hour), Initial performance test
(280 person-hours). It is assumed that 20% of tests are repeated due to
failure. Estimates for report writing are: Notification of
construction/reconstruction (2 person-hours), Notification of
anticipated startup (2 person-hours), Notification of actual startup
((1 person-hour), Notification of initial performance test (2 person-
hours), Report of performance test (included in reporting requirements
listed above), Semiannual report (4 person-hours). Records must be kept
for a period of two years. The average burden to industry over the
three years of the current ICR from these recordkeeping and reporting
requirements was estimated to be 8277 person hours.

NSPS Subpart UU: Asphalt Processing & Asphalt Roofing Manufacturers

Supplementary Information
Affected entities: Entities potentially affected by this action are
each saturator and each asphalt storage facility at asphalt roofing
plants, and each asphalt storage tank and each blowing still at asphalt
processing plants, petroleum refineries, and asphalt roofing plants.
Title: NSPS Subpart UU: Asphalt processing and asphalt roofing
manufacturers; EPA ICR #0661.05; OMB Control #2060-0002; expiring July
31, 1998.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with 40 CFR Part 60, New
Source Performance Standards (NSPS), Subpart UU. The respondents of the
recordkeeping and reporting requirements are asphalt processing and
roofing manufacturers (SIC Codes 2911, 2951, and 2952) which commenced
construction, modification, or reconstruction after November 18, 1980,
or May 26, 1981 as appropriate. Owners and operators of the affected
facilities described must make the following one-time-only reports:
notification of the date of construction or reconstruction;
notification of the anticipated and actual dates of startup;
notification of any physical or operational change to an existing
facility which may increase the regulated pollutant emission rate;
notification of demonstration of the continuous monitoring system
(CMS); notification of the date of the initial performance test; and
the results of the initial performance test. Owners or operators are
also required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative. These notifications, reports and records are required, in
general, of all sources subject to NSPS.
Recordkeeping and reporting requirements specific to asphalt
processing and roofing manufacturers consist mainly of temperature
measurements. Owners or operators of affected facilities are required
to continuously monitor and record the temperature of the gas at the
inlet of the pollution control device if that control device is an
electrostatic precipitator or a high velocity air filter. If the
pollution control device is an afterburner, the owner or operator is
required to continuously monitor and record the temperature in the
combustion zone of the afterburner. If the control device is not one of
the three mentioned above, the owner or operator is required to provide
to the Administrator information describing the operating parameters,
which indicate proper operation and maintenance of the device. The
industry is exempted from periodic reporting of excess emissions.
Therefore, the recordkeeping requirements for asphalt processing
and

[[Page 63708]]

roofing manufacturing consist of the occurrence and duration of any
startup and malfunctions as described. They include the initial
performance test results including information necessary to determine
the conditions of the performance test, and performance test
measurements and results; including temperature measurements. Records
of startups, shutdowns, and malfunctions should be noted as they occur.
Additional records to be maintained include all continuous monitoring
system performance evaluations, all continuous monitoring system
calibration checks, and adjustments and maintenance performed on these
systems or devices. Any owner or operator subject to the provisions of
this part shall maintain a file of these measurements, and retain the
file for at least two years following the date of such measurements,
maintenance reports, and records.
The reporting requirements for this industry currently include the
initial notifications listed, and the initial performance test results.
For performance test reports, owners or operators must report the
operating temperature of the control device during the test. All
reports are sent to the delegated State or local authority. In the
event that there is no such delegated authority, the reports are sent
directly to the EPA Regional office. Notifications are used to inform
the Agency or delegated authority when a source becomes subject to the
standard. The reviewing authority may then inspect the source to check
if the pollution control devices are properly installed and operated
and the standard is being met. Performance test reports are needed as
these are the Agency's record of a source's initial capability to
comply with the emission standard, and not the operating conditions
under which compliance was achieved. If the information required by the
standards were not collected, the Agency would have no means for
ensuring that compliance with the NSPS is achieved and maintained by
new, modified, or reconstructed sources subject to the regulations.
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 information collection requirements, compliance with the
standards could be ensured only through continuous on-site inspections
by regulatory agency personnel. Consequently, not collecting the
information would result in either greatly increased expenditures of
resources, or the inability to ensure compliance with the standards.
The information collected from recordkeeping and reporting
requirements are also used for targeting inspections, and is of
sufficient quality to be used as evidence in court.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.

Burden Statement: Public reporting and recordkeeping requirements
over the next three years for this collection is estimated at 3033
person-hours per year. It is estimated that approximately 46 facilities
are currently affected and that an additional 3 new plants will become
subject to the standards over the next three years. It is assumed that
the facility operates for 250 days per year. The average annual burden
to industry over the next three years of the ICR is estimated to be
$92,361.
The breakdown of this burden is as follows. The reporting
requirements are estimated to be 89 person-hours per year, at a cost of
$2716. This includes reading instructions (2 hrs.), creating and
gathering information through the initial performance tests (48 hrs.),
reference Method 9 test (9.6 hrs.), and repeating performance tests
(9.6 hrs.). There are several areas under writing reports: notification
of construction or reconstruction (4 hrs.), notification of anticipated
start/up (4 hrs.), notification of actual start/up (4 hrs.),
notification of initial performance test (4 hrs.), report of CMS
demonstration (4 hrs.), and report of performance test (4 hrs.). Excess
emission reports, applications, and surveys and studies are not
applicable to this ICR.
The recordkeeping requirements are estimated to be 2944 person-
hours per year, at a cost of $89,644. The burden in this area for
reading instructions, planning and implementing activities are included
under reporting requirements. The estimated time to enter information
for recording startups, shutdowns, malfunctions, etc. is 69 hours. The
estimated time to enter information for maintaining the records of
operating the parameters of the continuous monitoring system (CMS) is
2875 hours. Development of the record system, training personnel, and
conducting audits are not applicable to this ICR.
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.

NSPS Subpart BBB: Rubber Tire Manufacturing

Supplementary Information
Affected entities: Entities potentially affected by this action are
facilities in rubber tire manufacturing plants: each undertread
cementing operations, sidewall cementing operations, each tread end
cementing operations, each bead cementing operations, each green tire
spraying operations, each Michelin-A operations, each Michelin-B
operations, and each Michelin-C-automatic operations, commencing
construction, modification or reconstruction after January 20, 1993,
the date of proposal.
Title: National Emission Standards (NSPS) for Rubber Tire
Manufacturing, Part 60, Subpart BBB; OMB No. 2060-0156; EPA No.
1158.06; Expiration date April 30, 1998.
Abstract: In addition to the monitoring, recordkeeping and
notification requirements specified in the General Provisions in
Sec. 60.7(a), (b), (d), (f), and (h), owners or operators are to comply
with the requirements specified in NSPS Subpart BBB. These specific
requirements are: Install,

[[Page 63709]]

calibrate, maintain, and operate a control device and monitor process
parameters, as specified in Sec. 60.544. Maintain records of operating
parameters of monitoring device results for catalytic or thermal
incinerators, or carbon absorbers; monthly VOCs use, number of days in
compliance period, and other information needed to verify results of
monthly tests; and of, formulation data or results of Method 24
analysis of water-based sprays containing less than 1.0 percent of VOC;
as specified in Sec. 60.545. Report on the initial compliance report
that includes initial performance test results, monthly schedule to be
use in making compliance determinations, design and equipment
specifications and compliance method; the initial and annual
formulation data or method 24 results to verify VOC content of water
based-sprays; and on the semiannual reports of each monthly exceedance
of applicable emission limit and monitoring device exceedance of
acceptable limits; as specified in Sec. 60.546.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.

Burden Statement: The Agency computed the burden for each of the
recordkeeping and reporting requirements applicable to the industry for
the currently approved 1995 Information Collection Request (ICR). Where
appropriate, the Agency identified specific tasks and made assumptions,
while being consistent with the concept of burden under the Paper
Reduction Act. A 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.
This estimate is based on the assumption that there would be 9 new
affected facilities over the three years of the existing ICR and that
there were approximately 26 sources in existence at the start of the
three years covered by the ICR. The annual burden of reporting and
recordkeeping requirements for facilities subject to Subpart BBB are
summarized by the following information. The reporting requirements are
as follows: Read Instructions (1 person-hour), Initial performance test
(240 person-hours). It is assumed that 20% of tests are repeated due to
failure. Estimates for report writing are: Notification of
construction/reconstruction (2 person-hours), Notification of
anticipated startup (2 person-hours), Notification of actual startup (2
person-hours), Notification of initial performance test (2 person-
hours), Report of performance test (included in reporting requirements
listed above), Semiannual exceedance report (8 person-hours), Annual
report of formulation data/Method 24 results (2 person-hours), and
Report of change in operating parameters (3 person-hours). We assume to
estimate the reporting requirement burden that: (1) one-third of the
sources report exceedance reports each month, (2) 80 percent of sources
use water-based sprays and submit the annual report of formulation
data, (3) 20 percent of all sources will have to report operational
parameter changes, and (4) sources operate 250 days per year. Records
must be kept for a period of two years. The average burden to industry
over the three years of the current ICR from these recordkeeping and
reporting requirements was estimated to be 10,914.6 person-hours.

NESHAP Subpart C: Beryllium

Supplementary Information
Affected entities: Entities potentially affected by this action are
extraction plants, foundries, incinerators, propellent plants, and
machine shops which process beryllium ore, beryllium, beryllium oxide,
beryllium alloys, or beryllium-containing waste.
Title: National Emission Standards for Hazardous Air Pollutants
(NESHAP) Subpart C--Beryllium (OMB Control Number 2060-0092; expiration
date, 3/30/98).
Abstract: Beryllium and many of its compounds are considered to be
among the most toxic and hazardous of the nonradioactive substances in
industrial use. Consequently, EPA promulgated standards in 1973 to
control airborne releases from affected facilities such that ambient
air concentrations would not exceed 0.01 micrograms per cubic meter.
Alteration of a beryllium product by burning, grinding, cutting, or
other physical means can, if uncontrolled, produce a significant hazard
in the form of dust, fumes, or mist. Approximately 200 operations, such
as machine shops, ceramic plants, propellant plants, extraction plants,
and foundries, comprise the major users of beryllium that could cause
emission to the atmosphere. All sources known to have caused, or to
have the potential to cause, dangerous levels of beryllium in the
ambient air are covered by the Beryllium NESHAP. In order to ensure
compliance with the standards, adequate recordkeeping and reporting is
necessary. 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. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.

[[Page 63710]]

Burden Statement: The only recordkeeping and reporting requirements
under this regulation are associated with the initial performance test.
This is a one-time-only demonstration at start-up that a source's
emissions are below the limit of 10 grams of beryllium per 24-hour
period. Such a demonstration is required only of new sources and those
that have modified, reconstructed, or otherwise altered their
operations. It is estimated that three such sources will come on line
over the next three years (one facility per year). These new, modified,
or reconstructed facilities must submit initial notifications of
construction, anticipated date of start-up, actual start-up date, and
the date and results of the initial performance test. It is expected
that the notifications (total of 4) would take two hours each to
prepare; the initial performance test would take 24 hours to conduct;
and it would take 4 hours to complete the performance test report. The
burden for each new source would therefore be 36 hours. The total
annual cost associated with this information collection would be
$1,292, based on a technical wage rate of $35.89 per hour ($17.09 per
hour + 110% overhead). 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.

NESHAP Subpart F: Vinyl Chloride

Supplementary Information
Affected entities: Entities potentially affected by this action are
exhaust gases and oxychlorination vents at ethylene dichloride (EDC)
plants; exhaust gases at vinyl chloride monomer (VCM) plants; and
exhaust gases, reactor opening losses, manual vent valves, and
stripping residuals at polyvinyl chloride (PVC) plants. The standards
also apply to relief valves and fugitive emission sources at all three
types of plants.
Title: NESHAP Subpart F: National Emissions Standards for Hazardous
Air Pollutants for Vinyl Chloride, OMB Control Number 2060-0071,
expiration 6/30/98.
Abstract: The owner/operator must make the following one-time-only
reports: application for approval of construction or modification;
notification of startup; application of waiver of testing (if desired
by source); application for equivalency (if desired by source); and an
initial report. The initial report includes a list of the equipment
installed for compliance, a description of the physical and functional
characteristics of each piece of equipment, a description of the
methods which have been incorporated into the standard operation
procedures for measuring or calculating emissions, and a statement that
the equipment and procedures are in place and are being used.
Generally, the one-time-only reports are required of all sources
subject to NESHAP. The record keeping and other reporting requirements,
are specific to this NESHAP. To fulfill the record keeping requirement,
sources detect leaks in accordance with an approved leak detection and
elimination program, which generally consists of an area VC monitoring
system and a portable hydrocarbon detector to find small leaks of VC
and to pinpoint major VC leaks indicated by the area system. Action
taken to repair leaks must also be recorded and kept on file. Excess
stack emissions are generally recorded automatically by a continuous
emission monitor. Reactor operation parameters (temperature and
pressure) are also recorded automatically by a device that continuously
monitors these parameters. Owners and operators are also required to
submit quarterly reports of reactor opening losses (PVC plants only),
stripping residuals (PVC plants only), and excess emissions. They are
also required to report within 10 days of each relief valve discharge
and manual vent valve discharge. The information generated by the
monitoring, record keeping and reporting requirements described above
is issued by the Agency to ensure that facilities affected by the
NESHAP continue to operate the control equipment and use proper
practices to achieve compliance with NESHAP. Notification startup
indicates enforcement personnel when a new facility has been
constructed and is thus subject to the standards. If information
required by the standards were not collected, the Agency would have no
means for ensuring that compliance with the NESHAP is achieved and
maintained by the sources subject to the regulation. EPA uses this
information to directly determine the compliance status of sources in
lieu of on-site surveillance. The burden to respondents has been
minimized by requiring the collection of only that information which
the Agency considers essential that PVC, EDC, and VCM plants are
properly maintained and operated on a continuous basis. Certain reports
required by State or local agencies may duplicate information required
by the recommended standards. In such cases, 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 recommended standard. An Agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.

Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 255
hours per reporting response and 1.25 hours for recordkeeping. To
minimize the burden, much of the information the EPA would need to
determine compliance is recorded and stored at the facility. Minimal
reporting is necessary unless a violation occurs. Owners or operators
of the affected facilities described must make the following one-time-
only reports: application of construction or reconstruction, 2 hours;
notification of the anticipated and actual dates of startup 2 hours;
application for waiver of testing, 8 hours; application of equivalency,
40 hours; initial report, 24 hours; quarterly report, 50 hours; MVV/RVD
report, 8 hours; initial performance test, 60 hours. It is assumed 20%
of performance tests will be repeated due to failure. Owners or
operators are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility.
Specific vinyl chloride recordkeeping includes records of reactor
parameters and emissions, .25 hour. It is assumed

[[Page 63711]]

the plant operates 365 days a year. Records of leaks detected is one
hour per week. Recordkeeping 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.

MACT Subpart W: Epoxy Resins and Non-Nylon Polyamides

Supplementary Information
Affected entities: Entities potentially affected by this action are
those which manufacture polymers and resins from epichlorohydrin.
Title: National Emission Standards for Hazardous Air Pollutants for
Epoxy Resins Production and Non-Nylon Polyamides Production,
Information Collection Request, OMB control number 2060-0290, expires
July 31, 1998.
Abstract: This ICR contains recordkeeping and reporting
requirements that are mandatory for compliance with 40 CFR Part 63.1-
15, Subpart H, and 63.520 -528, Subpart W, hazardous air pollutants
from process vents, storage vessels, waste water systems and equipment
leaks. The standards require recordkeeping and reporting to document
process information related to the source's ability to comply with the
standards. 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. Respondents are owners or operators
of new and existing facilities that manufacture polymers and resins
from epichlorohydrin. Source categories include basic liquid epoxy
resin (BLR) producers and epichlorohydrin-modified non-nylon polyamide
resins also known as wet strength resins (WSR).
Section 112 of the Clean Air Act, as amended in 1990, requires that
EPA establish standards to limit emissions of hazardous air pollutants
(HAPs) from stationary sources. The sources subject to these provisions
emit the HAPs epichlorohydrin, and in lesser amounts, hydrochloric acid
and methanol. In the Administrator's judgment, hazardous air pollutant
(HAP) emissions in this industry cause or contribute to air pollution
that may be reasonably 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.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.

Burden Statement: There are approximately thirteen facilities which
must comply with these provisions, three are plants that produce basic
liquid epoxy resins and ten are producers of wet strength resins. The
growth rate for this industry is so low that no new plants are expected
in the next three years. The average burden per facility per year is
estimated to be 1483 hours. This includes 1050 hours for daily
wastewater monitoring, and additional hours for record-keeping,
reporting and notifications related to compliance status, leak
detection and repair, startup/shutdown and malfunction events, process
changes, emissions exceedances, and construction/reconstruction and
startups. Because this is not a new information collection, it assumes
that most facilities will have already developed the record-keeping and
reporting mechanisms to maintain and report the required data except
for process additions or changes.

MACT Subpart X: Secondary Lead Smelters

Supplementary Information
Affected entities: Entities potentially affected by this action are
owners or operators of secondary lead smelters that operate furnaces to
reduce scrap lead metal and lead compounds to elemental lead.
Title: National Emission Standards for Hazardous Air Pollutants
(NESHAP)--Secondary Lead Smelters (OMB Control Number 2060-0296;
expiration date March 30, 1998)
Abstract: The EPA is required under Section 112(d) of the 1990
Clean Air Act, to regulate emissions of 189 hazardous air pollutants
(HAPs). The pollutants emitted from secondary lead smelters include
both metal and organic HAPs identified in this list of 189 pollutants.
In the Administrator's judgment, such emissions cause or contribute
significantly to air pollution that may reasonably be anticipated to
endanger public health. Consequently, NESHAP for this source category
were promulgated on June 23, 1995.
Certain records and reports are necessary to enable the
Administrator to identify sources subject to the standard and to ensure
that the standard, which is based on maximum achievable control
technology (MACT), is being achieved. The information will be used by
Agency enforcement personnel to: (1) identify sources subject to the
standard; (2) ensure that MACT is being properly applied; (3) ensure
that emission control devices are being properly operated and
maintained on a continuous basis to reduce HAP emissions from furnaces
and process fugitive sources; and (4) ensure that fugitive dust
controls are being fully implemented. 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. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations are listed in 40 CFR Part
9.
The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the
information to be collected; and
(iv) Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other

[[Page 63712]]

forms of information technology, e.g., permitting electronic
submission of responses.

Burden Statement: There are 23 sources currently subject to this
standard, and no additional sources are anticipated during the next
three years. Since most of the reporting requirements are one-time-only
activities for new sources, these will not apply to the 23 existing
facilities and consequently, have not been included in estimating the
respondent burden for this ICR. The total annual burden for all
recordkeeping and monitoring requirements plus the preparation of semi-
annual reports is estimated to be 5,686 hours technical, 285 hours
managerial, and 568 hours clerical. The total annual cost associated
with this ICR is $231,561 or approximately $10,000 per facility per
year. This estimate includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.

Dated: November 25, 1997.
Elaine G. Stanley,
Director, Office of Compliance.
[FR Doc. 97-31575 Filed 12-1-97; 8:45 am]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-31575. Public record. Not legal advice.