Agency Information Collection Activities

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6215-4]

Agency Information Collection Activities

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 the Information Collection

Request (ICR) listed below is coming up for renewal. Before submitting

the renewal package to the Office of Management and Budget (OMB), EPA

is soliciting comments on specific aspects of the collection as

described below.

[[Page 500]]

DATES: Comments must be submitted on or before March 8, 1999.

ADDRESSES: Office of Enforcement and Compliance Assurance, Office of

Compliance, Mail Code 2224A, 401 M Street SW., Washington, DC 20406.

Information may also be acquired electronically through the EnviroSense

Bulletin Board, (703) 908-2090 or the EnviroSense WWW/Internet Address,

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

be collected regularly from Enviro$en$e. 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: Frank Coleman, telephone: (202) 564-

5012; FAX: 202-564-0085; e-mail: [email protected] for

Notice of Arrival of Pesticides and Devices; Carol Buckingham,

telephone: (202) 564-5008; FAX: (202) 564-0085; e-mail:

[email protected] for Application for Registration of

Pesticide-Producing Establishments, and Pesticide Report for Pesticide-

Producing Establishments; Scott Throwe, telephone: (202) 564-7013; FAX:

(202) 564-0050; e-mail: [email protected] for NSPS Subpart

EE, Metal Furniture Coating; Marcia Mia, telephone (202) 564-7042; FAX:

(202) 564-0037; e-mail: [email protected] for NSPS Subpart VV,

VOC Equipment Leaks in the Synthetic Organic Chemical Industry;

Jonathan Binder, telephone: (202) 564-2516; FAX: (202) 564-0009; e-

mail: [email protected] for Solid Waste Landfills;

Charles Williams, telephone: (202) 564-7016; FAX: (202) 564-0050; e-

mail [email protected] for NSPS Subpart H, Sulfuric Acid

Plants; Julie Tankersley, telephone: (202) 564-7002; FAX: (202) 564-

0050; e-mail: [email protected] for NSPS Subpart XX,

Bulk Gasoline Terminals; Scott Throwe, telephone: (202) 564-7013; FAX:

(202) 564-0050; e-mail: [email protected] for NESHAP Subpart

N, Inorganic Arsenic Emissions from Glass Manufacturing; Scott Throwe,

telephone: (202) 564-7013; FAX: (202) 564-0050; e-mail:

[email protected] and for NSPS Subpart CC, Glass

Manufacturing Plants and Seth Heminway, telephone: (202) 564-7016; e-

mail: [email protected] for Wood Preservative-Exposure

Levels in Wood Treatment Plants.

SUPPLEMENTARY INFORMATION:

Notice of Arrival of Pesticides and Devices

Affected Entities: This action affects entities which import

pesticides or devices into the United States.

Title: Notice of Arrival of Pesticides and Devices (EPA Form 3540-

1), OMB Number 2070-0020, EPA ICR Number 0152.06, Expiration Date:

April 30, 1999.

Abstract: The U.S. Customs regulations at 19 CFR 12.112 require

that an importer desiring to import pesticides into the United States

shall, prior to the shipment's arrival, submit a Notice of Arrival of

Pesticides and Devices (EPA Form 3540-1) to EPA who will determine the

disposition of the shipment. After completing the form, EPA returns the

form to the importer, or his agent, who must present the form to

Customs upon arrival of the shipment at the port of entry. This is

necessary to insure that EPA is notified of the arrival of pesticides

and devices as required by the Federal Insecticide Fungicide and

Rodenticide Act (FIFRA) section 17(c).

Part I of the form requests identification and address information

of the importer or his agent followed by information on the imported

pesticide. The importer or his agent is entitled to make a

confidentiality business information claim (CBI) on information

submitted with the following exceptions: (1) the EPA registration

number; (2) the producer establishment number; (3) the brand name of

product; and (4) the major active ingredients including the percentage

of each.

EPA regional personnel review the completed form for completeness

and accuracy and to determine if the product should be released, denied

entry, detained for inspection, or held intact by the consignee pending

inspection. Part II is signed and the form is returned to the

respondent with EPA instructions to the U.S. Customs Service as to the

disposition of the shipment.

Upon the arrival of the shipment, the importer presents the EPA-

approved NOA to the District Director of U.S. Customs at the port of

entry. U.S. Customs compares entry documents for the shipment with the

Notice of Arrival; it notifies the EPA Regional Office of any

discrepancies between the NOA and the entry documents and per EPA's

instruction either releases the shipment, denies entry, or detains the

shipment for examination. If EPA inspects the shipment and it appears

from examination of a sample that it is adulterated, or misbranded or

otherwise violates the provisions of FIFRA, or is otherwise injurious

to health or the environment, the pesticide or device may be refused

admission. EPA resolves any discrepancies on the report with the

importer or his agent.

The purpose of this reporting requirement is to ensure that the

Agency is made aware of pesticides arriving in the customs territory of

the United States. This information is necessary to ensure compliance

with FIFRA and to identify the responsible party importing pesticides.

If EPA did not collect this information, the Agency would be unable to

meet the statutory requirements of FIFRA.

The information collected is used by EPA Regional pesticide

enforcement and compliance staff and the Headquarters Office of

Enforcement and Compliance Assurance and Office of Pesticide Programs.

The U.S. Department of Agriculture, the Food and Drug Administration,

and other Federal agencies may also make use of this information.

In the case of unregistered product imports between establishments

operated by the same producer, the EPA is considering an establishment

number for the importing registered establishment. This would be an

addendum to the information collection request form. Under 40 CFR

152.30(a) unregistered pesticides may be imported between registered

establishments operated by the same producer. EPA believes that this

information request will not generate any significant burden to the

respondents. The change will provide more useful information to the

Agency so that it can determine whether certain pesticides may be

imported and do so in a more timely way than is currently done.

The EPA would like to solicit comments to:

(i) Evaluate whether the proposed collection of information is

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

including whether the information will have practical utility;

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

of the proposed collection of information;

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

to be collected; and

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

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

techniques or other forms of information technology, e.g., permitting

electronic submission of responses.

Burden Statement: The average annual reporting and recordkeeping

burden is 2,100 hours. This is based on an estimated 7,000 respondents

and 0.3 hours per respondent. The total

[[Page 501]]

respondent cost of $75,369 is calculated using labor rates of $17.09

per hour plus 110% overhead or $35.89 from the United States Department

of Commerce Bureau of Labor Statistics, March 1998, Table 2: Employment

Costs for Civilian Workers by Occupational and Industry Group. This

estimate includes the time needed to review instructions; develop,

acquire, install, and utilize technology and systems for the purpose 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.

Application for Registration of Pesticide-Notification-Producing

Establishments

Affected entities: This action affects domestic and foreign

establishments who produce/manufacture pesticide products, active

ingredients, or devices.

Title: Application for Registration of Pesticide-Producing

Establishments (EPA Form 3540-8), Notification of Registration of

Pesticide-Producing Establishments (EPA Form 3540-8(A), and Pesticide

Report for Pesticide-Producing Establishments (EPA Form 3540-16). OMB

Control Number 2070-0078, EPA ICR Number 0160.06, Expiration Date:

April 30, 1999.

Abstract: The U.S. Environmental Protection Agency (EPA) must

collect information on pesticide-producing establishments in order to

meet the statutory requirements of section 7 of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA). The FIFRA requires

producers of pesticide products, active ingredients, or devices to

register their establishments with EPA and to submit an initial and,

thereafter, annual report on the types and amounts of products

produced.

Section 7(b) of FIFRA requires that any person who manufactures

pesticides or active ingredients [or devices] subject to the Act must

register the establishment in which the pesticide is produced with the

Administrator of EPA. The EPA Form 3540-8, Application for Registration

of Pesticide-Producing Establishments, is used to collect the

establishment registration information required by this section. The

EPA Form 3540-8(A), Notification of Registration of Pesticide-Producing

Establishments, is used to notify the applicant of issuance of their

EPA Establishment Registration Number(s) which is required for the

facility(s) to produce, distribute and sell pesticides, active

ingredients, or devices.

The FIFRA section 7(c)(1) requires that any producer operating an

establishment registered under section 7 report to the Administrator 30

days after it is registered, and annually thereafter. Producers must

report which types and amounts of pesticides, active ingredients, or

devices are currently being produced, were produced during the past

year, and were sold or distributed in the past year. The Code of

Federal Regulations at 40 CFR 167 outlines the requirements for

registration of pesticide-producing establishments and the schedule for

submitting production information. The EPA Form 3540-16, Pesticide

Report for Pesticide-Producing Establishments, is used to collect the

pesticide production information required by section 7 of FIFRA.

The purpose of this reporting requirement is to obtain and maintain

current pesticide production information, including the locations of

all pesticide-producing establishments. This information provides an

overview of establishments engaged in pesticide production activities

and allows the Agency to target establishments for inspections with

optimal utilization of limited inspection resources. Such production

information permits EPA to trace ineffective, contaminated, or

otherwise violative products to their source, and minimizes any adverse

environmental impact that might arise from the production or

distribution of violative products. In addition, the information is

used by the Agency, the USDA, the FDA, and other Federal agencies for

various other purposes, such as risk/benefit analysis.

This ICR renewal submission revises the current ICR by making minor

modifications to the instructions for completion of/and the reporting

forms for EPA Forms 3540-8, 3540-8(A), and 3540-16. The instruction

revisions include wording changes of the instruction statements and a

change to EPA Form 3540-16 from portrait format to a landscape format.

These revisions to the instructions and form will not place any

additional burden on the regulated community. Also, in addition to

regular postal service annual mailings of the forms and instructions,

they will also be made available on-line at: http://es.epa.gov/oeca/

datasys/sstsys.html> (do not include any capital letters in the

address).

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

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

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

are displayed in 40 CFR part 9.

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

collection techniques or other forms of information technology.

Burden Statement: The average annual burden to industry for the

portion of this collection involving the registration of an

establishment is estimated to be 30 minutes per response, including

time for reviewing the instructions and completion of the necessary

information on EPA Form 3540-8. There are an average 700 responses

annually for a total burden of 350 hours.

The average annual burden to industry for the portion of this

collection to report annual pesticide production information is

estimated to be 1 hour and 33 minutes per response, including time for

reviewing the instructions, planning activities, gathering and

reviewing for accuracy, and storing or maintaining the information for

completion of EPA Form 3540-16. There are an average 12,342 annual

responses for a total burden of 18,590 hours.

There is no respondent burden associated with notification of the

respondent of assignment of their establishment registration using EPA

Form 3540-8(A).

The estimated number if establishments for this ICR is based on the

fact that there are currently 12,342 establishments actively registered

with EPA. This is not significantly different from the 12,336

establishments that were actively registered at the time of the last

ICR renewal three years ago. The EPA does not expect any significant

changes in the regulatory program or in the industry that would change

the number of producing establishments during the next three years.

[[Page 502]]

Therefore, EPA believes that the current tally of registered

establishments is a reliable estimate of the number of respondents for

the next three years. These estimates include the time necessary to

review instructions, develop, acquire, install and utilize technologies

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.

Please send comments regarding these matters, or any aspect of the

information collection, including suggestions for reducing the burden,

to the address listed in the Address section of this document.

NSPS Subpart EE, Metal Furniture Coating

Affected entities: Entities potentially affected by this action are

each metal furniture surface coating operation in which organic

coatings are applied and for which construction, modification or

reconstruction commenced after the date of proposal, November 28, 1980.

A surface coating operation includes the coating application

station(s), flash-off area, and curing oven.

Title: New Source Performance Standard for Metal Furniture Surface

Coating, 40 CFR part 60, subpart EE, OMB Control Number 2060-1006, EPA

ICR Number 0649.06, Expiration date: April 30, 1999.

Abstract: In the Administrator's judgment, VOC emissions from the

metal furniture surface coating industry cause or contribute to air

pollution that may reasonably be anticipated to endanger public health

or welfare. Therefore, the NSPS were promulgated for this source

category.

Owners/operators of affected facilities must report excess

emissions and deviations in operating parameters on a quarterly basis.

Where no exceedances have occurred during a particular quarter, a

report stating this shall be submitted semi-annually. Notification of

construction and startup indicates to enforcement personnel when a new

affected facility has been constructed and therefore is subject to the

standards. The information generated by the monitoring, record keeping

and reporting requirements described above is used by the Agency to

ensure facilities affected by the NSPS continue to operate the control

equipment used to achieve compliance with the NSPS.

Approximately 705 sources are currently subject to the standards.

Volatile Organic Compounds (VOC's) are the pollutants regulated under

this Subpart. The respondents are owners or operators of metal

furniture surface coating operations. The control of VOC emissions from

metal furniture surface coating operations requires not only the

installation of properly designed equipment, but also the operation and

maintenance of that equipment. VOC emissions from the coating of metal

furniture surfaces result from the application and curing or drying of

organic coatings on the surface of each metal furniture part or

product. These standards rely on the reduction of VOC emissions through

either a capture system and incinerator or a capture system and solvent

recovery system.

Owners and operators of the affected facilities described must make

the following one-time only reports: initial notification and

notification of the initial performance test. Performance test are

needed as these are the Agency's record of a source's initial

capability to comply with the emission standards, and note the

operating conditions applicable to NSPS Subpart EE, Metal Furniture

Coating, under which compliance was achieved.

Owners or operators are also required to maintain records of the

occurrence and duration of any startup, shut down, 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.

Information is recorded in sufficient detail to enable owners or

operators to demonstrate compliance with the standards. This

information is used to monitor effective operation of the capture

system and control devices; thus, ensuring continuous compliance with

the standards. The semiannual reporting requirement for no exceedances

of the monitoring parameters provides a good indication of a source's

compliance status.

In order to ensure compliance with the standards promulgated to

protect public health, adequate record keeping 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. Recordkeeping and reporting are

mandatory under the regulation. Records must be maintained for 2 years.

The information collected from record keeping and reporting

requirements is also used for targeting inspections, and is of

sufficient quality to be used as evidence in court.

Approximately 705 affected facilities under Subpart EE, must comply

with 40 CFR, Part 60 General Provisions recordkeeping and reporting

requirements including: Owners/operators of affected facilities must

report excess emissions and deviations in operating parameters on a

quarterly basis. Where no exceedances have occurred during a particular

quarter, a report stating this shall be submitted semi-annually.

Notification of construction and startup indicates to enforcement

personnel when a new affected facility has been constructed and,

therefore, is subject to the standards. The information generated by

the monitoring, recordkeeping and reporting requirements described

above is used by the Agency to ensure facilities affected by the NSPS

continue to operate the control equipment used to maintain regulatory

compliance with the NSPS Subpart EE.

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 individual burdens for each of the

recordkeeping and reporting requirements applicable to the industry are

consistent with the concept of burden under the Paperwork Reduction

Act. The only type of industry costs associated with the information

collection activity in the standards are labor costs. The labor

estimates in the table were derived from

[[Page 503]]

the United States Department of Labor Statistics, March 1988, Table 2:

Employment Cost for Civilian Workers by Occupational and Industry

Group. The average annual burden to industry over the next three years

from these recordkeeping and reporting requirements is estimated at

128,213 person-hours. The respondent costs have been calculated on the

basis of $17.09 per hour plus 110 percent overhead. The average annual

burden to industry over the next three years of the ICR is estimated to

be $4,601,565. 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 VV, VOC Equipment Leaks in Synthetic Organic Chemical

Industry

Affected Entities: Entities potentially affected by this action are

those which are subject to subpart VV, Volatile Organic Compound (VOC)

Equipment Leaks in the Synthetic Organic Chemicals Manufacturing

Industry (SOCMI) with the exceptions listed in 40 CFR 60.480(d)

Title: NSPS subpart VV, VOC Equipment Leaks in the SOCMI, OMB

Number 2060-0012, EPA ICR Number 0662.05, Expiration Date: September

30, 1998.

Abstract: This ICR contains recordkeeping and reporting

requirements that are mandatory for compliance with 40 CFR 60.480,

subpart VV, VOC Equipment Leaks in the SOCMI. This information is used

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

insure that the best demonstrated technology is being properly applied.

The standards require periodic recordkeeping to document process

information relating to the source's ability to identify and eliminate

leaking equipment. The standards apply to specific pieces of equipment

contained within a process unit in the SOCMI, including pumps in light

liquid service, compressors, pressure relief devices in gas/vapor,

light or heavy liquid service, sampling connection systems, open-ended

valves or lines, valves in gas/vapor and light liquid service, pumps

and valves in heavy liquid service, and flanges and other connectors.

In the Administrator's judgement, VOC emissions from equipment

leaks in the SOCMI cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare.

Therefore, New Source Performance Standards have been promulgated for

this source category as required under section 111 of the Clean Air

Act.

The owners or operators of the affected facilities described must

make one time only reports: notification of the date of construction or

reconstruction, notification of the anticipated and actual date of

startup, notification of any physical or operational change to an

existing facility which may increase the emission rate of any air

pollutant to which the standard applies (in this case, VOC),

notification of the initial performance test, and the results of the

performance test. The only regular reports required by this Subpart are

a semiannual excess emissions summary.

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 malfunctions of the air pollution

control device. These notifications, reports and records are required,

in general of all sources subject to the NSPS.

In order to ensure compliance with standards promulgated to protect

public health, adequate recordkeeping and reporting 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. The information collected from

recordkeeping and reporting requirements is also used for targeting

inspections, and is of sufficient quality to be used as evidence in

court. Recordkeeping and reporting are mandatory under this regulation.

Records must be maintained for 2 years.

Recordkeeping requirements specific to equipment leaks in the SOCMI

support the facility's leak detection and repair program and include

identification of leaking equipment; a log of leaking equipment; a log

of information relating to the closed vent systems and control devices;

a log identifying all equipment subject to the standard; a log of

valves designated as difficult to monitor or unsafe to monitor; a log

of valves complying with skip period leak detection and repair

alternative standard; a log of criterion established which indicates a

failure of the seal system, barrier system, or both for each barrier

fluid system; dates of compliance tests and results; and for

determining exemptions, an analysis of design capacity of affected

sources or demonstration that the equipment is not in VOC service, and

a statement listing the feed or raw materials and products.

Reporting requirements specific to equipment leaks in the SOCMI

consist of an initial semiannual report including process unit

identification and number of valves, pumps and compressors subject to

the standards. All semiannual reports are to include process unit

identification, number of components leaking and not repaired, dates of

process unit shutdowns, and revisions to items submitted in the initial

semiannual report. The source is also required to notify the

Administrator of the election to use an alternative standard for valves

ninety days before implementing the provision.

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 number 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.

Additionally, the Agency would like to solicit comment on the

estimate of the percentage of facilities employing contractors to

perform their leak detection and repair programs and the costs per

component of such contracted services; as well as the estimated growth

of the number of facilities subject to the standard over the next three

year period.

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

[[Page 504]]

specific tasks and made assumptions, while being consistent with the

concept of burden under Paper Work Reduction Act.

The estimate was based on the assumption that there would be 281

new affected facilities each year and that there would be an annual

average of 3227 affected facilities over each of the next three years

covered by the ICR. For the new sources, it was estimated that it would

take: 281 person hours to read the instructions, 16,176 person hours to

conduct the initial performance tests (assuming that 20% of the tests

must be repeated), and 2360 person hours to gather the information and

write the initial reports. For all sources, it was estimated that it

would take 25,816 person hours to fill out semiannual reports and

258,160 person hours to enter information for records of operating

parameters.

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

this ICR from recordkeeping and reporting requirements has been

estimated at 292,478 hours. The respondents costs were calculated on

the basis of $21.00 per hour plus 110% overhead which equals $44.10.

The total annual burden to industry is estimated at $12,898,280.

This estimate includes the time needed to review instructions;

develop, acquire, install, and use technology and systems for the

purpose of collecting, validating, and verifying information,

processing and maintaining information, and disclosing and providing

information; adjust the existing way to comply with any previously

applicable instructions and requirements; train personnel to be able to

respond to a collection for 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.

NSPS Subpart WWW, Solid Waste Landfills

Affected entities: Entities potentially affected by this action are

each municipal solid waste landfills that commenced construction,

reconstruction or modification or began accepting waste after May 30,

1991

Title: New Source Performance Standards for Municipal Solid Waste

Landfills.

Abstract: In the Administrator's judgement municipal solid waste

(MSW) landfill emissions generated by decomposition of municipal solid

waste deposited in an MSW landfill may reasonably be anticipated to

endanger public health or welfare. Therefore, NSPS were promulgated for

this source category. Owners or operators of MSW landfills for which

construction, modification or reconstruction commences on or began

accepting waste after May 30, 1991, are subject to NSPS Subpart WWW.

All respondents will need to submit an initial design capacity

report. This report would include the landfill's maximum design

capacity, date of anticipated startup, and the anticipated refuse

acceptance rate. If the design capacity of a new landfill is less than

2,500,000 megagrams (Mg), no further reporting or recordkeeping is

required. Under certain circumstances, amended design capacity reports

may be required.

If the facility's design capacity is equal to or greater than

2,500,000 Mg, the owner or operator is required to determine the

facility's nonmethane organic compound (NMOC) emission rate.

Determination of the NMOC rate is carried out using a three-tiered

system of calculations as described in 40 CFR part 60.

The first tier is used primarily as a screening tool to determine

if additional testing is warranted. If the NMOC emission rate at Tier 1

is less than 50 Mg/yr, neither additional testing nor the installation

of controls is warranted. If, using the calculations in the first tier,

a facility's NMOC emissions are calculated to be 50 Mg/yr or greater,

the owner or operator would be required to either: (1) install a

collection and control system; or (2) perform Tier 2 by testing for

NMOC concentration and then recalculating the annual NMOC emission

rate.

Likewise, if Tier 2 testing and calculations show an NMOC emission

rate of 50 Mg/yr or greater, the owner or operator could either install

a collection and control system, or recalculate the NMOC emission rate

by calculating a site-specific methane generation rate constant using

Tier 3.

Tier 1 uses default values specified in the New Source Performance

Standards (NSPS) to calculate the NMOC emissions rate, and requires no

field testing. Tier 2 and Tier 3 both require sampling. For Tier 2, the

NMOC concentration is determined through site-specific sampling using

test Method 25C as described in 40 CFR Part 60 Appendix A. For Tier 3

the site specific landfill methane generation rate is determined by gas

flow testing using test Method 2E.

If the NMOC emission rate is determined to be less than 50 Mg/yr,

using Tier 1, Tier 2, or Tier 3 calculations, no further calculation or

testing is required for that year. Owners or operators of MSW landfills

emitting less than 50 Mg NMOC per year may submit reports of NMOC

emission rates yearly. However, NSPS Subpart WWW, also allow owners or

operators to report less frequently. Under these provisions, the NMOC

report may be accompanied by an estimation of the annual NMOC emission

rate for each of the next 5 years, provided that none of the estimated

rates reaches 50 megagrams per year. In this case, the owner or

operator would not submit annual reports, but the estimation would be

updated and resubmitted every 5 years. The owner or operator would also

be required to revise the estimate in any year in which the actual

waste acceptance rate for that year exceeds the waste acceptance rate

upon which the previously submitted estimate is based.

Owners or operators of landfills with collection and control

systems installed in compliance with the standards are not required to

submit reports of NMOC emission rates. Owners or operators of affected

facilities would be required to keep records of accumulated refuse and

waste acceptance rates for a minimum of 5 years.

For landfills required to install collection and control systems

(i.e., those emitting greater than 50 Mg/yr of NMOC), submission of a

collection and control system design plan is required. After review of

the design plan and installation of the collection and control system,

an initial performance test and report for the system is required.

Thereafter, annual compliance reports would be required.

For control systems using an enclosed combustion device, the

initial performance test would also include the average combustion

temperature, and the percent reduction of NMOC achieved.

For control systems using a boiler, the initial performance report

would include a description of the location at which the emission

stream is introduced into the boiler, and the average combustion

temperature of the boiler.

For control systems using an open flare, the initial performance

report would include a description and the flare type, visible

emissions reading, a heat content determination, flow rate

measurements, and exit velocity determinations.

Where control devices other than an open flare or closed combustion

device are used, owners or operators would be required to submit to the

Administrator information describing the control device and parameters

that will indicate its proper performance.

Following submission of the initial performance report, owners or

operators

[[Page 505]]

would be required to keep continuous monitoring records of the

parameters reported in the initial performance report and records of

monthly monitoring of the collection system and quarterly monitoring of

surface methane concentration. Annual compliance reports and

recordkeeping would include: descriptions of any periods in which the

value of any of the monitored operating parameters falls outside the

established ranges, and any period when the collection system or air

pollution control equipment malfunctioned or when the collected gas was

diverted from the control device. When applicable, each owner or

operator of a controlled landfill will submit a closure report to EPA

within 30 days of waste acceptance cessation.

All reports are submitted to the respondent's State or local

agency, whichever has been delegated enforcement authority by the EPA.

The information collected will be used by EPA personnel to ensure

compliance with the NSPS and identify the sources subject to the

standards. When appropriate under NSPS, Subpart WWW, each owner or

operator of a controlled landfill shall submit annual reports of

exceedances, gas steam diversion, control device non-operation,

collection system failure, the date at installations and the location

of each well or well collection system and equipment removal.

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 individual burdens for each of the

recordkeeping and reporting requirements applicable to the industry are

consistent with the concept of burden under the Paperwork Reduction

Act. The only type of industry costs associated with the information

collection activity in the standards are labor costs. The labor

estimates in the table were derived from the United States Department

of Labor Statistics, March 1998, Table 2: Employment Cost for Civilian

Workers by Occupational and Industry Group. The average annual burden

to industry over the next three years from these recordkeeping and

reporting requirements is estimated at 128,213 person-hours. The

respondent costs have been calculated on the basis of $17.09 per hour

plus 110 percent overhead. The average annual burden to industry over

the next three years of the ICR is estimated to be $4,601,565.

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 H Sulfuric Acid Plants

Affected entities: Entities potentially affected by this action are

those plants that produce sulfuric acid by the contact process by

burning elemental sulfur, alkylation acid, hydrogen sulfide, organic

sulfides and mercaptans, or acid sludge, but does not include

facilities where conversion to sulfuric acid is utilized primarily as a

means of preventing emissions to the atmosphere of sulfur dioxide or

other sulfur compounds.

Title: New Source Performance Standard Subpart H, Sulfuric Acid

Plants, OMB Number 2060-0041, EPA ICR Number 1057.08, Expiration Date:

June 31, 1999.

Abstract: This ICR contains recordkeeping and reporting

requirements that are mandatory for compliance with 40 CFR 60.80,

subpart H, New Source Performance Standards for Sulfuric Acid Plants.

This information notifies the Agency when a source becomes subject to

the regulations, and informs the Agency that the source is in

compliance when it begins operation. The Agency is informed of the

sources' compliance status by semiannual reports. The calibration and

maintenance requirements aid in a source remaining in compliance.

In the Administrator's judgement, sulfur dioxide (SO2)

and acid mist emissions from the manufacture of sulfuric acid cause or

contribute to air pollution that may reasonably be anticipated to

endanger public health or welfare. Therefore, New Source Performance

Standards have been promulgated for this source category as required

under section 111 of the Clean Air Act.

The respondents subject NSPS Subpart H, are owners of sulfuric acid

plants. The control of SO2 and acid mist requires not only

the installation of properly designed equipment, but also the proper

operation and maintenance of that equipment. Sulfur dioxide and acid

mist emissions from sulfuric acid plants result from the burning of

sulfur or sulfur-bearing feedstocks to form SO2, catalytic

oxidation of SO2 to SO3, and absorption of

SO2 in a strong acid stream. These standards rely on the

capture of SO2 and acid mist by venting to a control device.

Approximately 100 existing facilities are currently subject to the

standards. Affected facilities must comply with 40 CFR 60.8 General

Provisions recordkeeping and reporting requirements including

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 emission monitoring

system (CEMS); notification of the date of the initial performance

test; and the results of the initial performance test.

Performance test reports are needed as these are the Agency's

record of a source's initial capability to comply with emission

standards, and note the operating conditions (acid mist SO2

concentrations, volumetric flow rates of effluent gas) under which

compliance was achieved. After the initial recordkeeping and reporting

requirements, semiannual reports are required if there has been an

exceedance of control device operating parameters.

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 notification, reports

[[Page 506]]

and records are required, in general, of all sources subject to NSPS.

Four new facilities are estimated to become subject to NSPS Subpart

H annually.

The Administrator has determined that emissions of SO2

and it's mist cause or contribute to air pollution that may reasonably

be anticipated to endanger public health or welfare.

In order to ensure compliance with standards promulgated to protect

public health, adequate recordkeeping and reporting 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. The information collected from

recordkeeping and reporting requirements is also used for targeting

inspections, and is of sufficient quality to be used as evidence in

court. Recordkeeping and reporting are mandatory under this regulation.

Records must be maintained for 5 years.

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

595.80 hours per new facility and 220 hours per existing facility.

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.

The current ICR estimates the total annual burden to industry to be

$1,094,703. This is based on a total average annual burden of 24,823

respondents with an average wage of $17.09 per hour and 110% overhead.

The burden is greatest for facilities in their first year of operation.

The burden in the first year for reporting requirements is estimated to

be 455.80 hours per facility. The burden for future years is greatly

reduced because the initial notifications and initial performance tests

are not required in subsequent years. The estimated burden for

recordkeeping requirements for subsequent years per respondent is 140

person hours. This estimate includes the time to enter information

regarding records of operating parameters and calculations/record of

conversion factors.

The following is a breakdown of burden used in the ICR. The

estimated burden is calculated as two hours for respondents to write

the reports for; notification of construction or reconstruction,

notification of physical or operation changes, notification of

anticipated startup, notification of actual startup, notification of

initial performance test, notification of demonstration of continuous

monitoring system (CMS). The ICR uses 300 burden hours for the initial

performance test. It is assumed that 20% of all affected facilities

will have to repeat performance tests. The ICR uses four hours for

performing the Reference Method 9 Test. It is estimated that

performance of Reference Method 9 Test will occur, on average, 1.2

times per facility a year. The ICR uses 40 hours to write an excess

emission reports. It is assumed an excess emission report will take

place twice a year.

The recordkeeping burden is estimated to be 0.25 hours to enter

information regarding records of operating parameters. It is assumed

this will take place 350 times a year per facility. The burden to enter

information regarding calculation/record of conversion factors is 0.5

hours. It is assumed this will take place 1,050 times a year per

facility.

NSPS Subpart XX, Bulk Gasoline Terminals

Affected entities: Entities potentially affected by this action are

those which are subject to NSPS Subpart XX, Bulk Gasoline Terminals.

Title: New Source Performance Standard Subpart XX, Bulk Gasoline

Terminals, OMB Control Number 2060-0006, EPA ICR Number 0664.06,

Expiration Date: June 30, 1999.

Abstract: In the Administrator's judgment , VOC emissions from Bulk

Gasoline Terminals may cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare.

Therefore, New Source Performance Standards (NSPS) for Bulk Gasoline

Terminals were proposed on December 17, 1980 and were promulgated on

August 18, 1983, and amended on December 22, 1983. The standards are

codified at 40 CFR part 60, subpart XX. These standards apply to the

total of all loading racks at bulk gasoline terminals which deliver

liquid product into gasoline tank trucks and for which construction,

modification or reconstruction commenced after the date of proposal. A

bulk gasoline terminal is any gasoline facility which receives gasoline

by pipeline, ship or barge, and has a gasoline throughput greater than

75,700 liters per day. Volatile organic compounds (VOCs) are the

pollutants regulated under this standard.

Owners or operators of Bulk Gasoline Terminals 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 the date of the initial

performance test; and the results of the initial performance test.

In order to ensure compliance with standards promulgated to protect

public health, adequate recordkeeping and reporting 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. The information collected from

recordkeeping and reporting requirements is also used for targeting

inspections, and is of sufficient quality to be used as evidence in

court. Recordkeeping and reporting are mandatory under this regulation.

Records must be maintained for 2 years.

Owners or operators are also required to maintain records of the

occurrence and duration of any startup, shutdown,

[[Page 507]]

or malfunction in the operation of an affected facility. These

notifications, reports and records are required, in general, of all

sources subject to NSPS.

Monitoring requirements specific to bulk gasoline terminals consist

mainly of identifying and documenting vapor tightness for each gasoline

tank truck that is loaded at the affected facility, and notifying the

owner or operator of each tank truck that is not vapor tight. The owner

or operator must also perform a monthly visual inspection for liquid or

vapor leaks, and maintain records of these inspections at the facility

for a period of two years.

Approximately 40 affected facilities are currently subject to NSPS

Subpart XX. The reporting requirements for this industry currently

include only the initial notifications and initial performance test

report listed above. 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 ensure that the pollution control devices

are properly installed and operated. 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 note the operating

conditions under which compliance was achieved.

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 annual public reporting and recordkeeping

burden for this collection of information is estimated to average .13

hours per response. For reporting requirements it is estimated that it

will take one person-hour to read the instructions. The ICR uses 60

burden hours for the initial performance test this includes the burden

to write the report of the performance test. It is assumed that 20% of

all affected facilities will have to repeat performance tests.

The burden to enter records of tank identification numbers is 0.1

of an hour with the assumption it takes six minutes to enter each tank

truck identification number. It is estimated there will be

approximately 2,100 truck loadings per year based on six tank trucks

each day multiplied by 350 days per year. It is estimated that leak

detection records from monthly inspection of control equipment is one

person-hour every two years.

Approximately 40 sources are currently subject to NSPS Subpart XX.

Because no growth in the industry is expected, no additional sources

are expected to become subject to this standard over the next three

years. Therefore, the only type of industry cost associated with the

information collection activity in the standards are labor cost. The

labor estimates were derived from the United States Department of Labor

Statistics, March 1998, Table 2: Employment Cost for Civilian Workers

by Occupational and Industry Group. The average annual burden to

industry over the next three years from these recordkeeping and

reporting requirements is 11,420 person hours. The respondent cost are

calculated on the basis of $17.09 per hour plus 110 percent overhead.

The average burden to the industry over the next three years is

estimated to be $409,750. This estimate includes the time needed to

enter information--records of start-up, shutdown, malfunction, or any

periods during which the monitoring system is inoperative is estimated

to be one and one half hours 50 times per year or about one occurrence

per week.

This estimate includes the time needed to review instructions;

develop, acquire, install, and utilize technology and systems for the

purpose 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 N, Inorganic Arsenic Emissions From Glass

Manufacturing

Abstract: The Administrator has judged that arsenic emissions from

glass manufacturing plants cause or contribute to air pollution that

may reasonably be anticipated to endanger public health or welfare.

Owners or operators of sources covered by the National Emission

Standard for Hazardous Air Pollutants Subpart N, are subject to the

recordkeeping and reporting requirements of the standards as well as

those standards prescribed in the General Provisions of the NESHAP.

Title: NESHAP Subpart N, Inorganic Arsenic Emissions from Glass

Manufacturing OMB Control Number 2060-0043, EPA ICR Number 1081.06,

Expiration Date: July 31,1999.

Owners or operators of the affected facilities described must make

the following one-time-only reports: application for approval of

construction or modification (new sources) or a source report (existing

sources or new sources with initial start-up preceding effective date

of standard); and notification of anticipated and actual dates of

start-up. Calculations estimating new emission levels must be reported

whenever a change of operation is made that would potentially increase

emissions.

Approximately 47 sources subject to NESHAP Subpart N are required

to demonstrate initial compliance through emission tests. In addition,

a continuous monitoring system for the measurement of the opacity of

emissions from any control device must be installed and operated.

Records of continuous emission monitoring (CEM) results and other data

needed to determine emission concentrations shall be maintained at the

source and made available for inspection a minimum of two years.

A written report of each period for which emission rates exceeded

the emission limits is required semiannually. 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. Applications and written reports are sent directly to

the EPA Regional office. These reports are used to inform the Agency or

delegated authority when a source becomes subject to the standards, and

the nature of that source. Notification of

[[Page 508]]

start-up informs the reviewing authority at what date the source

commences operation. The reviewing authority may then inspect the

source to check if the pollution control devices are properly installed

and operated.

Reports, including calculations estimating any subsequent emission

levels, are necessary to keep the Agency informed about the source's

activities in terms of hazardous air pollutant emissions.

In order to protect public health, adequate recordkeeping and

reporting 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.

The information collected from recordkeeping and reporting

requirements is also used for targeting inspections, and is of

sufficient quality to be used as evidence in court. Recordkeeping and

reporting are mandatory under this regulation. Records must be

maintained for 2 years.

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

Federal Register document required under 5 CFR 1320.8(d), soliciting

comments on this collection of information was published on September

29, 1995.

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 6,769

hours. 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. The estimated

annual costs for operation and maintenance of pollution control

equipment is $175,000. This figure was calculated using estimates

provided by a glass manufacturing industry consultant who stated that

operation and maintenance of pollution control equipment costs

approximately $2.00 per ton of glass manufactured with the average

container glass facility manufacturing 250 tons per day for 350 days

per year.

The annual average burden to industry over the next three year

period from recordkeeping and reporting requirements has been estimated

at 6,769 person hours. The respondents costs were calculated on the

basis of $17.09 per hour plus 110% overhead which equals $35.89. The

Total Annualized Cost Burden is estimated at $242,939. The estimated

number of respondents for this ICR is 47.

Send comments regarding these matters, or any aspect of the

information collection, including suggestions for reducing the burden,

to the address listed in the Address section of this Notice. Please

refer to EPA ICR No. 1081 and OMB Control No. 2060.0043 in any

correspondence.

NSPS Subpart CC: Glass Manufacturing Plants

Affected entities: Entities potentially affected by this action are

those which are subject to New Source Performance Standards (NSPS)

Subpart CC, Standards of Performance for Glass Manufacturing Plants.

Title: NSPS Subpart CC, Standards of Performance for Glass

Manufacturing Plants. OMB Control Number 2060-0054, EPA ICR Number

1131.05, Expiration date: July 31, 1999.

Abstract: This ICR contains recordkeeping and reporting

requirements that are mandatory for compliance with Subpart CC, New

Source Performance Standards for Glass Manufacturing Plants. This

information notifies the Agency when a source becomes subject to and is

in compliance with the regulations of NSPS Subpart CC.

In the Administrator's judgement, particulate matter from glass

manufacturing plants cause or contribute to air pollution that may

reasonably be anticipated to endanger public health or welfare.

Therefore, New Source Performance Standards have been promulgated for

this source category as required under section 111 of the Clean Air

Act.

The control of emissions of particulate matter requires not only

the installation of properly designed equipment, but also the proper

operation and continuous maintenance of that equipment. These standards

rely on the capture of pollutants vented to a control device.

Owners or operators of glass manufacturing plants subject to NSPS

Subpart CC are required to make initial notifications for construction,

startup, and performance testing. They must also report the results of

a performance test, and demonstration of a continuous monitoring system

if applicable. After the initial recordkeeping and reporting

requirements, semiannual excess emission reports are required but only

from sources with modified processes. It is estimated that seventy five

percent of sources will have modified processes.

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 malfunction in the operation of

the air pollution control device, or any periods during which the

monitoring system is inoperative. These notifications, reports and

records are required in general, of all sources subject to NSPS.

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;

[[Page 509]]

(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: At the writing of this ICR there are

approximately 30 sources currently subject to the standards. It is

estimated that 1.7 additional sources per year will become subject to

the standard. The current ICR estimates average burden to the industry

to be 25534 person hours. The respondent costs have been calculated on

the basis of $17.10 per hour plus 110 percent overhead rate or $35.88.

The current ICR also estimates the average annual burden to the

industry is $91,602.

The following is a breakdown of burden used in the ICR. Burden is

calculated as two hours for respondents to write the reports for:

notification of construction or reconstruction, notification of

physical or operational changes; notification of anticipated startup;

notification of actual startup; notification of initial performance

test; notification of demonstration of Continuous Operations Monitoring

(COM). Initial performance tests are allocated 160 burden hours. It is

assumed that 20% of all affected facilities will have to repeat

performance tests. Sources which have modified processes are required

to submit semiannual excess emission reports. Excess emission reports

are allocated 8 burden hours and 2 reports per year.

The recordkeeping burden is estimated to be 15 minutes to enter

records of operating parameters. It is assumed that the plant will

operate 250 days a year; therefore, this information will be recorded

250 times a 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 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.

Collection of Information Regarding Exposure Levels In Wood

Treatment Plants

Affected entities: Entities potentially affected by this action are

those that treat wood with preservative formulations containing

arsenic. The Standard Industrial Code for the wood preserving industry

is 2491.

Title: Wood Preservatives--Submission of Information Regarding

Arsenic Exposure Levels in Wood Treatment Plants, OMB Control Number

2070-0081, EPA ICR Number 1289.05, Expiration Date: July 31, 1999.

Abstract: This information collection provides wood treaters that

use arsenic formulations a way to exempting themselves from the Federal

Insecticide, Fungicide, and Rodenticide, Act (FIFRA) pesticide label

requirements dictating that all applicators of the product wear NIOSH-

approved respirators. This opportunity for facilities to exempt

themselves from the respirator requirements is called the Permissible

Exposure Limit Monitoring Program (PEL) and it is incorporated in the

final settlement of the ``Notice of Intent To Cancel Registrations of

Pesticide Products Containing Creosote, Pentachlorophenol (Including

Its Salts) and Inorganic Arsenic'' which is published in the July 1984,

49 FR 28674. Facilities that choose to participate in the voluntary PEL

can do the following to exempt themselves from the respirator

requirements.

First, the facility needs to conduct air monitoring for air-borne

arsenic. Facilities that have air-borne arsenic levels that are higher

than the permissible exposure limit would have to continue to require

plant personnel to wear respirators. If a facility's air-borne arsenic

levels are below the permissible exposure limit they are no longer

required to wear respirators. Depending on how close the levels are to

the permissible exposure limit, the facility is required to retest

periodically or fill out a checklist, which indicates if arsenic

exposure levels are likely to increase due to changes in the facility's

industrial process.

Owners or operators who participate in the PEL exemption must

monitor and submit an initial report with annual certification.

Additional monitoring is required only when conditions set out in the

PEL Checklist are different from those occurring during the initial

testing. Monitoring and reporting less than this would not assure that

exposure to inorganic arsenic is acceptable.

If the air level exceeds 10 ug/m3 over an eight hour

period employees will be required to wear respirators until at least

two consecutive measurements show the air arsenic levels are below 10

ug/m3. If the arsenic air levels are between 10 mg/

m3 and 5ug/m 3, monitoring must be repeated after

6 months. Monitoring may cease if the air level is 5 ug/m 3

or below unless a production, process, control, or other procedure

identified in the ``PEL Checklist'' has occurred resulting in possible

new or additional employee exposure to inorganic arsenic.

Approximately 300 participating facilities must submit the air

monitoring test results to EPA, or if arsenic levels are low and

testing is not required, then they can simply fill out the checklist

and submit it to EPA. Approximately 50 plants are required to monitor

during a given year. All submissions must certify that the information

provided is accurate.

EPA uses the certification and air monitoring data to determine if

the wood preserving facility is complying with the air-borne arsenic

levels set by the cancellation order, which was set to ensure that

plant personnel are not exposed to levels of arsenic that pose an

unacceptably high health risk. This data will also be used to monitor

which wood preserving facilities are participating in the PEL program

and thus could be exempt from the pesticide label requirement to wear a

respirator. Because the information that is submitted to EPA would not

be confidential business information, the submittals from the

facilities will not be handled as such.

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

[[Page 510]]

collection techniques or other forms of information technology, e.g.,

permitting electronic submission of responses.

Burden Statement: This information collection assumes that of the

estimated 300 wood preserving plants that use arsenic formulation, 200

of these participate in the PEL program. The majority of the

participants, approximately 150, have conducted monitoring in the past

that has demonstrated that arsenic levels are well below the

permissible exposure level. These facilities that are not required to

test are required to simply fill out and submit the 6 question PEL

checklist, which asks if the facility has changed their process and in

doing so may have increased the levels of air-borne arsenic. These 150

plants will spend .75 hours on each submittal at a cost of $17.09 per

hour in wages and 110% in overhead for a total cost of $35.89 per hour.

Thus each facility will spend $26.92 for the annual submission.

Collectively, the 150 plants will spend $4,038 on filling out and

submitting the checklist.

EPA estimates that each of the approximately 50 plants that are

required to monitor during a given year will spend 17.5 hours on

preparing and conducting the tests. When calculating cost, EPA assumes

an hourly wage of $17.09 with 110% added as overhead for a total hourly

cost of $35.89. Thus, a single facility will spend approximately $628

on each test. Collectively, the 50 plants that conduct monitoring will

spend $31,400 on monitoring. The total cost for monitoring and

submittal costs is $34,438.

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: December 28, 1998.

Bruce R. Weddle,

Acting Director, Office of Compliance.

[FR Doc. 99-132 Filed 1-4-99; 8:45 am]

BILLING CODE 6560-50-P