(ii)	Respondent activity:

Respondents must perform the following activity in gathering these data:

•	Conduct waste analyses.

Exemption from design and operating requirements

40 CFR 265.254 requires waste piles to comply with the regulations
established 40 CFR 264.251 by having liners and leachate collection and
removal systems sufficient to prevent any waste migration for the active
life of the pile (including the closure period).  It also details
design, construction, and installation requirements for the liners and
collection systems.  40 CFR 265.254 also exempts waste piles from the
requirements in paragraph §264.251(a) if the owner/operator can
demonstrate to the Regional Administrator that alternate design and
operating practices, together with location characteristics, will
prevent hazardous constituents from migrating into the ground or surface
water at any future time.  Though the regulations provide no specific
details regarding the demonstrations’ content, they do list
information that the Regional Administrator will consider in deciding
whether to grant an exemption.  This ICR assumes that respondents will
include this information when submitting their demonstration.

(i)	Data items:

The data items required for an exemption from §264.251(a) are:

•	Information regarding the nature and quantity of the wastes;

•	The proposed alternate design and operation;

•	The unit’s hydrogeologic setting, including attenuative capacity
and thickness of the liners and soils present between the pile and
ground water or surface water; and

•	All other factors that would influence the quality and mobility of
the leachate produced and the potential for it to migrate to ground
water or surface water.

(ii)	Respondent activities:

Respondents must perform the following activities in making this
demonstration:

•	Gather the information necessary to provide adequate demonstration;
and

•	Submit the information to the Regional Administrator.

Variance from design and operating requirements

40 CFR 265.254 also allows waste piles to seek a variance from the
liner/leachate system design requirements in 40 CFR 264.251(a) by
submitting an alternative design or operating practices to the Regional
Administrator for approval, as long as the alternative complies with the
requirements contained in 40 CFR 264.251(d).  Though the regulations
provide no specific details regarding the variance’s content, they do
list information that the Regional Administrator will consider in
deciding whether to grant a variance.  This ICR assumes that respondents
will include this information when submitting their demonstration.

(i)	Data item:

The data item required in making the demonstration includes:

Demonstration of alternative design or operating practices.

(ii)	Respondent activities:

Respondents must perform the following activities in making this
demonstration:

•	Gather the information necessary for demonstrating an alternative
design; and

•	Submit the information to the Regional Administrator.

Developing and submitting action leakage rates

Pursuant to section 265.255(a), the owner or operator of each new and
replacement waste pile and each lateral expansion of a waste pile
subject to §265.254 must propose an action leakage rate (ALR) to EPA
when submitting the notice required under §265.254 for interim status
facilities.  After 60 days from the notification date, the ALR will be
established as proposed by the interim status owner or operator, unless
otherwise acted upon by EPA.  In addition, §265.73 requires owners and
operators to maintain records of all monitoring, testing, or analytical
data, and corrective action in connection with action leakage rates, as
required under §265.255.

(i)	Data item:

The data item required to comply with this requirement is:

•	A proposed action leakage rate (ALR) that is the maximum design flow
rate that the leak detection system (LDS) can remove without the fluid
head on the bottom liner exceeding one (1) foot, allowing for an
adequate safety margin to allow for uncertainties in the design,
construction, operation, and location of the LDS; waste and leachate
characteristics; likelihood and amounts of other sources of liquids in
the LDS; and proposed response actions.

(ii)	Respondent activities:

Respondents must perform the following activities for developing action
leakage rates:

•	Develop and submit to EPA a proposed action leakage rate, as
specified in section 265.255; and

Maintain results of analyses, as required by §265.73.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, the owner or
operator of the waste pile must use the weekly flow rates from the
monitoring data obtained under §265.260 and calculate average daily
flow rates (in gallons per acre per day), in accordance with
§265.255(c).  Unless EPA specifies otherwise, the average daily flow
rates for each sump must be calculated weekly during the active life and
closure period.

(i)	Data item:

The data item required to comply with this requirement is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates, as required by §265.255(c).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 265.259(a) requires the owner or operator of each new waste pile
unit, each replacement of an existing waste pile unit, and each lateral
expansion of a waste pile unit subject to section 265.254 to prepare and
submit to EPA a Response Action Plan (RAP).  The plan must set forth the
actions to be taken if the action leakage rate has been exceeded.  It
must describe, at a minimum, the actions required under section
265.259(b).  Interim status facilities must submit the RAP to EPA when
submitting the ALR under §265.255.

(i)	Data item:

The data item required to comply with this requirement is:

Response Action Plan.

(ii)	Respondent activities:

Develop Response Action Plan;

Submit Response Action Plan to the Regional Administrator; and

Maintain a copy of the Response Action Plan and records of analyses.

Action leakage reporting

In the event the flow rate into the leak detection system exceeds the
action leakage rate, section 265.259(b) requires the owner or operator
to collect the following data items.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned;

•	Determination of, to the extent practicable, the location, size, and
cause of any leaks;

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned. As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §265.259(b)(1);

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§265.259(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §265.259(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §265.259(b)(5); and

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§265.259(b)(6).

Remediation determination analyses

Under 40 CFR 265.259(b)(3), (4), and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source;

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities when conducting
remediation determination analyses:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
sections 265.259(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section 265.259(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
265.259(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§265.259(c)(1)(iii).

Monitoring and inspections

Section 265.260 requires owners or operators of each new waste pile
unit, each replacement of an existing waste pile unit, and each lateral
expansion of a waste pile unit required to have leak detection systems
under §265.254 to record specified inspection activities.  In addition,
section 265.73 require owners or operators to maintain records of all
monitoring, testing, or analytical data, and corrective action
associated with the monitoring and inspection activities required under
section 265.260.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements is:

•	Records pertaining to the level of any liquids in the leak detection
system removal sumps and the amount of liquids removed from the LDS
sumps each week during the active life and closure period, as specified
in §265.260.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

•	Record the level of any liquids in the leak detection system removal
sumps and the amount of liquids removed from the LDS sumps each week
during the active life and closure period, as required by §265.260.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart L is
expected to read the regulations.

Exemption from design and operating requirements

40 CFR 264.251(a) requires owner/operators to comply with the provisions
in 40 CFR 264.251.  Under 40 CFR 264.251(a), owner/operators with waste
piles subject to Subpart L are required to have liners and leachate
collection and removal systems sufficient to prevent any waste migration
for the active life of the pile (including the closure period).  This
citation also details design, construction, and installation
requirements for the liners and collection systems.  40 CFR 264.251(b)
exempts waste piles from the requirements in §264.251(a) if the
owner/operator can demonstrate to the Regional Administrator that
alternate design and operating practices, together with location
characteristics, will prevent hazardous constituents from migrating into
the ground or surface water at any future time.  Since permitted
facilities submit applications for exemption from 40 CFR 264.251 with
their part B permit application, data items and activities associated
with this exemption are covered in the “Part B Permit Application,
Permit Modification, and Special Permits ICR” (EPA ICR Number 1573).

Variance from design and operating requirements

40 CFR 264.251(d) allows owner/operators of waste piles to seek a
variance from the liner/leachate system requirements by submitting an
alternative design or operating practices, as long as the alternative
complies with the requirements given in section 264.251(d).  Since
permitted facilities submit applications for variance from 40 CFR
264.251 with their part B permit application, data items and activities
associated with this variance are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (EPA ICR
Number 1573).

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, the owner or
operator of the waste pile must use the weekly flow rates from the
monitoring data obtained under §264.254(c) and calculate average daily
flow rates (in gallons per acre per day), in accordance with
§264.252(b).   Unless EPA specifies otherwise, the average daily flow
rates for each sump must be calculated weekly during the active life and
closure period.

(i)	Data item:

The data item required to comply with this requirement is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §264.252(b).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 264.253(a) requires the owner or operator of each new waste pile
unit, each replacement of an existing waste pile unit, and each lateral
expansion of a waste pile unit subject to section 264.253(c) or (d) to
prepare and submit to EPA a Response Action Plan (RAP).  The plan must
set forth the actions to be taken if the action leakage rate has been
exceeded.  It must describe, at a minimum, the actions required under
§264.253(b).  Permitted facilities and facilities seeking initial
permits must submit the RAP for EPA approval in a Part B permit
application or modification before the receipt of waste.  Data items and
respondent activities associated with preparing and submitting the RAP
are covered in the “Part B Application, Permit Modification, and
Special Permits ICR” (EPA ICR Number 1573).

Action leakage reporting

In the event the flow rate into the leak detection system exceeds the
action leakage rate, section 264.253(b) requires the owner or operator
to collect the following data items.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned;

•	Determination of, to the extent practicable, the location, size, and
cause of any leaks;

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned. As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §264.253(b)(1);

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§264.253(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §264.253(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §264.253(b)(5); and

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs (b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§264.253(b)(6).

Remediation determination analyses

Under 40 CFR 264.253(b)(3), (4), and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source;

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities when conducting
remediation determination analyses:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
sections 264.253(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by sections 264.253(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by sections
264.253(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§264.253(c)(1)(iii).

Monitoring and inspections

Section 264.254(a) and (b) require owners and operators of facilities
that use waste piles to inspect their units and to record the specified
inspection activities.  Data items and respondent activities associated
with these requirements are covered in this ICR.  However, the burden
for recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to inspections done during the construction and
installation of liners (except in the case of existing portions of
surface impoundments exempt form §264.251(a)) and cover systems (e.g.,
membranes, sheets, or coatings) for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials)
(§264.254(a));

Records pertaining to the inspection of synthetic liners and covers to
ensure tight seams and joints an the absence of tears, punctures, or
blisters immediately after construction and installation (§264.254(a));

Records pertaining to the inspection of soil-based and admixed liners
and covers for imperfections including lenses, cracks, channels, root
holes, or other structural non-uniformities that may cause an increase
in the permeability of the liner or cover immediately after construction
and installation (§264.254(a)); and

Records pertaining to the inspection of the waste pile weekly and after
storms while it is operation to detect evidence of any of the following
(§264.254(b)):

--				Deterioration, malfunctions, or improper operation of run-on and
run-off control systems;

--				Proper functioning of wind dispersal control systems, where
present; and

--				The presence of leachate in and proper functioning of leachate
collection and removal systems, where present.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

Record all inspection data.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.259 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any waste pile unless the owner/operator operates the waste
pile in accordance with a management plan approved by the Regional
Administrator.  Since the waste management plan is submitted with the
Part B permit application, data items and respondent activities
associated with this requirement are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (1573).

LAND TREATMENT

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart M is
expected to read the regulations.

Waste analysis

40 CFR 265.273 requires owners and operators of interim status land
treatment units to conduct waste analyses (in addition to the waste
analyses required under §265.13) before placing a hazardous waste in or
on a land treatment facility.  The waste analysis results must be used
to determine: (1) the concentrations in the waste of any substances that
cause a waste to exhibit the Toxicity Characteristic; (2) the
concentrations of any substances which caused the waste to be listed as
a hazardous waste; and (3) if food chain crops are grown, the
concentrations in the waste of arsenic, cadmium, lead, and mercury,
unless the owner or operator has written, documented data that show that
the constituent is not present.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Waste analysis data for waste placed in or on a land treatment unit; and

If food chain crops are grown and arsenic, cadmium, lead, and mercury
are not present in the waste:

Documentation indicating that these constituents are not present in the
waste.

(ii)	Respondent activities:

Respondents must perform the following activities in complying with the
§265.273 requirements:

Conduct waste analyses; and

If food chain crops are grown and arsenic, cadmium, lead, and mercury
are not present in the waste:

Obtain and maintain documentation indicating that these constituents are
not present in the waste.

Food-chain crops

40 CFR 265.276 regulates the growth of food-chain crops at interim
status hazardous waste land treatment facilities.  Owner/operators must
notify the Regional Administrator if crops are grown, or have been grown
and will be grown again, on the unit.  These owner/operators must also
keep records of the information necessary to make a demonstration under
40 CFR 265.276(b)(1) at the unit, as stated below, but are under no
regulatory obligation to submit this information to EPA.

(i)	Data items:

The data items for these requirements include:

•	Notification, within 60 days of obtaining interim status, that food
chain crops are being grown, or have been grown and will be grown in the
future, on the unit (40 CFR 265.276(a));

•	A record maintained at the interim status unit of all information
necessary to demonstrate, based on field testing, that arsenic, lead,
mercury, or other constituents identified under 40 CFR 265.273(b): (1)
will not be transferred to the food portion of the crop by plant uptake
or direct contact and will not be ingested by food chain animals, or (2)
that these constituents will not occur in greater concentrations in the
crops grown on the land treatment unit than in the same crops grown on
untreated soils under similar conditions in the same region
(§265.276(b)(1)).  This report must include:

--			Descriptions of crop and soil characteristics;

--			Sample selection criteria;

--			Sample size determination;

--			Analytical methods; and

--			Statistical procedures.

Under section 265.276(c)(2)(iii) owner/operators must develop an
operating plan that demonstrates how the animal feed will be distributed
to preclude ingestion by humans.

(ii)	Respondent activities:

Respondents must perform the following activities in complying with the
§265.276 requirements:

•	Prepare the notification required under 40 CFR 265.276(a) and submit
it to EPA;

•	Compile the information necessary to make the demonstration required
under 40 CFR 265.276(b)(1);

•	Maintain records of the information collected for the
demonstrations; and

•	Develop an operating plan as specified in §265.276(c)(2)(iii).

.	Unsaturated-zone monitoring

Owner/operators subject to the unsaturated-zone monitoring requirements
of 40 CFR 265.278 must establish an unsaturated-zone monitoring program
to determine whether hazardous constituents migrate out of the treatment
zone.  The interim status regulations require no reports to be submitted
to EPA, but owner/operators must maintain a record of the plan at the
unit.

(i)	Data items:

The data items for these requirements include:

•	A written record of the unsaturated-zone monitoring plan and the
rationale used in developing this plan, which must be kept at the unit
(§265.278(d)).  The plan must include soil-core monitoring and
soil-pore water monitoring.

(ii)	Respondent activities:

Respondents must perform the following activities in compiling the
unsaturated-zone monitoring record:

•	Develop an unsaturated-zone monitoring plan; and

•	File the written plan at the unit.

Closure and post-closure care

40 CFR 265.280 regulates closure and post-closure care at interim status
hazardous waste land treatment facilities.  The regulations require
owner/operators to provide EPA with certification of closure when unit
closure is completed.

(i)	Data items:

The data items for this requirement include:

•	Certification by both an independent qualified scientist, in lieu of
an independent registered professional engineer, and the owner/operator
that the unit has been closed in accordance with the specifications in
the approved closure plan (§265.280(e)).

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
§265.280:

•	Obtain certification of closure from a qualified scientist;

•	Produce owner/operator’s certification of closure; and

•	Submit certification(s) to EPA.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart M is
expected to read the regulations.

Food-chain crops

40 CFR 264.276 regulates the growth of food-chain crops at permitted
hazardous waste land treatment facilities.  Since the owner/operator
must make the demonstrations outlined in §264.276(a) prior to
submitting the Part B permit application, data items and activities
associated with this demonstration are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (EPA ICR
Number 1573).  The burden associated with maintaining (i.e., filing and
photocopying) this documentation is covered in this ICR.

Under section 264.276(b)(2)(iii), owner/operators must develop and
maintain an operating plan that demonstrates how the animal feed will be
distributed to preclude ingestion by humans.

(i)	Data items:

Operating plan that demonstrates how the animal feed will be distributed
to preclude ingestion by humans.

(ii)	Respondent activities:

•	Maintain food-chain crop documentation at the facility; and

Develop and maintain an operating plan.

Unsaturated-zone monitoring

Owner/operators of permitted facilities subject to the unsaturated-zone
monitoring requirements of 40 CFR 264.278 must establish an
unsaturated-zone monitoring program to determine whether hazardous
constituents migrate out of the treatment zone.  These owner/operators
must notify EPA whenever they determine that there is a statistically
significant increase of hazardous constituents below the treatment zone,
and must (1) submit a permit modification application to modify the
operating practices at the unit, or (2) submit a report to EPA
demonstrating that the source of the increase is not the regulated unit.
 If, however, the demonstration does not show that a source other than
the regulated units or some error in sampling, analysis, or evaluation
caused the increase in hazardous constituents, the owner/operator must
submit the permit modification request within the specified time period.

(i)	Data items:

Data items for these requirements include:

•	Notification of statistically significant increases of hazardous
waste constituents below the treatment zone.  This notification must be
made within seven days and must include information on what constituents
have shown statistically significant increases (§264.278(g)(1));

•	An application for a permit modification, submitted within 90 days,
to modify operating practices at the unit in order to maximize the
success of degradation, transformation, or immobilization processes in
the treatment zone (§264.278(g)(2));

•	Notification of intent to demonstrate that the increase was not
caused by the regulated units.  This notification must be submitted
within seven days of identifying the increase (§264.278(h)(1)); and

•	A report, submitted within 90 days, demonstrating that a source
other than the regulated units caused the increase or that the increase
resulted from error in sampling, analysis, or evaluation
(§264.278(h)(2)).

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
these notification, report, and application requirements:

•	Prepare and submit a notice of statistically significant increases
in the concentration of hazardous constituents;

•	Prepare and submit notice of intent to make a demonstration under 40
CFR 264.278(h); and

•	Prepare and submit a report demonstrating that a source other than
the regulated units caused the increase or that the increase resulted
from error in sampling, analysis, or evaluation.

Closure and post-closure care

40 CFR 264.280 regulates closure and post-closure care at hazardous
waste land treatment facilities.  The regulations require
owner/operators to provide EPA with certification of closure when unit
closure is completed.  The regulations also allow exemptions from both
the requirement to establish a vegetative cover (§264.280(a)(8)), and
the post-closure care requirements (§264.280(c)) if facilities make the
appropriate demonstrations.

(i)	Data items:

Data items for these requirements include:

•	Certification by an independent qualified scientist, in lieu of an
independent registered professional engineer, that the unit has been
closed in accordance with the specifications in the approved closure
plan (§264.280(b)); and

•	For exemption from the vegetative cover and post-closure
requirements, a demonstration that the level of hazardous constituents
in the treatment zone soil does not exceed the background value of those
constituents by a statistically significant amount (§264.280(d)).  This
demonstration may be submitted at any time during the closure or
post-closure care periods.

(ii)	Respondent activities:

Respondents must perform the following activities in complying with
these requirements:

•	Obtain certification of closure from a qualified scientist;

•	Submit the certification(s) to EPA; and

•	If applying for a demonstration under §264.280(d), prepare the
demonstration and submit it to EPA.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.283 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any land treatment unit unless the owner/operator operates the
unit in accordance with a management plan approved by the Regional
Administrator.  Since the waste management plan is submitted with the
Part B permit application, data items and respondent activities
associated with this requirement are covered in the “Part B Permit
Application, Permit Modification, and Special Permits ICR” (1573).

LANDFILLS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart N is
expected to read the regulations.

Design requirements

40 CFR 265.301 requires owner operators of interim status landfills to
install two or more liners and leachate collection systems above and
between the liners if they (1) plan to replace an existing unit, (2)
laterally expand an existing unit, or (3) install a new unit.  The
section provides for an exemption from these requirements if the
owner/operator can demonstrate to the Regional Administrator that
alternative design and operating practices, together with location
characteristics, will prevent the migration of hazardous constituents as
effectively as do the liners and leachate collection systems.  In
addition, the regulations provide for a double liner requirement waiver
for monofills (in certain instances).  Under §265.301(b), these
facilities also must notify the Regional Administrator at least 60 days
before receiving waste, and file a Part B permit application within 6
months of EPA’s receipt of the notice (the Part B information
collection activities are described in a separate ICR (EPA ICR Number
1573)).

Under §265.301(d), the double liner requirement in §265.301(a) may be
waived for any monofill if: (1) the monofill contains only hazardous
wastes described in §265.301(d)(1), and (2) the monofill has at least
one non-leaking liner, and (3) the monofill is located more that
one-quarter mile from an underground source of drinking water, and (4)
the monofill complies with the appropriate ground water monitoring
requirements under RCRA §3005(c) or the owner/operator demonstrates
that the monofill is located, designed, and operated so as to assure
that there will be migration of any hazardous constituent into ground
water or surface water at any future time.

(i)	Data items:

Data items required for the notification of intent to receive waste are:

•	A notification to the Regional Administrator at least 60 days prior
to receiving waste.

The data items necessary to gain an exemption under §265.301(c) from
the liner and leachate collection system requirements are:

•	The proposed alternate design and operating practices; and

•	Information concerning the landfill’s location characteristics.

The data item required for the waiver demonstration under §265.301(d)
includes:

•	Information regarding the monofill’s location, design, and
operation as may be necessary to make the demonstration.

(ii)	Respondent activities:

Respondents will need to engage in the following activities to comply
with the §265.301 notification requirement:

•	Prepare the notification and submit it to the Regional
Administrator.

Respondents must perform the following activities in applying for an
exemption from the liner and leachate collection system requirements:

•	Collect the required information; and

•	Submit the information to the Regional Administrator.

Respondents must perform the following activities in order to be granted
a waiver from the double liner requirements:

•	Collect the required information; and

•	Submit the information to the Regional Administrator.

Developing and submitting action leakage rates

As required by section §265.302(a), the owner or operator of each new
and replacement landfill and each lateral expansion of a landfill
subject to §265.301 (a) must submit an action leakage rate (ALR)
proposal and rationale to EPA when submitting the notice required under
§265.301 (b) for interim status facilities.  After 60 days from the
notification date, the ALR will be established as proposed by the
interim status owner or operator unless otherwise acted upon by EPA.  In
addition, section 265.73 requires owners or operators to maintain
records of all monitoring, testing, or analytical data, and corrective
action in connection with the ALR as required under §265.302.

(i)	Data item:

The data item required to comply with these requirements is:

•	A proposed action leakage rate (ALR) that is the maximum design flow
rate that the leak detection system (LDS) can remove without the fluid
head on the bottom liner exceeding one (1) foot, allowing for an
adequate safety margin to allow for uncertainties in the design,
construction, operation, and location of the LDS; waste and leachate

characteristics; likelihood and amounts of other sources of liquids in
the LDS; and proposed

 response actions.

(ii)	Respondent activities:

Respondents must perform the following activities when developing action
leakage rates:

•	Develop and submit to EPA a proposed action leakage rate and
rationale, as specified in §265.302; and

•	Maintain results of analyses, as required by §265.73.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, section
265.302(c) requires the owner or operator of each landfill unit to use
the weekly or monthly flow rates from the monitoring data obtained under
§265.304(b) and calculate average daily flow rates (in gallons per acre
per day).  Unless EPA specifies otherwise, the average daily flow rates
for each sump must be calculated weekly during the active life and
closure period, and monthly during the post-closure care period, if the
unit is closed in accordance with section 265.310(b)(2), and when
required under section 265.304(b).

(i)	Data item:

The data item required to comply with these requirements is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period, and monthly during the post-closure care
period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §265.302(c).

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 265.303(a) requires the owner or operator of each new landfill
unit, each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit subject to section 265.301(a) to prepare a
Response Action Plan (RAP).  The plan must set forth the actions to be
taken if the action leakage rate has been exceeded.  It must describe,
at a minimum, the actions required under  §265.303(b).  Interim status
facilities must submit the RAP to EPA when submitting the ALR under
§265.302.

(i)	Data item:

The data item required to comply with these requirements is:

Response Action Plan.

(ii)	Respondent activities:

Develop Response Action Plan;

Submit Response Action Plan to the Regional Administrator; and

Maintain a copy of the Response Action Plan and records of analyses.

Action leakage reporting

40 CFR 265.303(b) requires the owner or operator to collect certain
information in the event the flow rate into the leak detection system
exceeds the action leakage rate.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned; Determination of,
to the extent practicable, the location, size, and cause of any leaks;

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned.  As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §265.303(b)(1);

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§265.303(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §265.303(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §265.303(b)(5); and

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§265.303(b)(6).

Remediation determination analyses

Under 40 CFR 265.303 (b)(3), (4) and (5), owners and operators must make
the leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source;

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities to make leak and/or
remediation determinations:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
section §265.303(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section §265.303(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
265.303(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§265.303(c)(1)(iii).

Monitoring and inspections

Section 265.304 requires owners or operators of each new landfill unit,
each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit required to have a leak detection system
under §265.301(a) to record inspection activities as specified in the
regulations.  In addition, section 265.73 require owners and operators
to maintain records of all monitoring, testing, or analytical data, and
corrective action associated with the monitoring and inspection
activities required under section 265.304.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

The data items required to comply with these requirements include:

•	Records pertaining to the level of liquids in the leak detection
system removal sumps and the amount of liquids removed from the LDS
sumps each operating week during the active life and closure period, as
specified in §265.304(a); and, if applicable, at least monthly during
the post-closure care period, at least quarterly if the liquid level in
the sump stays below the pump operating level for two consecutive
months, or at least semi-annually if the liquid level in the sump stays
below the pump operating level for two consecutive quarters, as
specified in §265.304(b); and

•	Recordkeeping, as required by 265.73, of records of all monitoring,
testing, or analytical data, and corrective action associated with the
monitoring and inspection activities as required under section 265.304.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

•	Record the level of liquids in the leak detection system removal
sumps and the amount of liquids removed from the LDS sumps each
operating week during the active life and closure period, as required by
§265.304(a); and, if applicable, at least monthly during the
post-closure care period, at least quarterly if the liquid level in the
sump stays below the pump operating level for two consecutive months, or
at least semi-annually if the liquid level in the sump stays below the
pump operating level for two consecutive quarters, as specified in
§265.304(b).

Developing and submitting pump operating levels

Section 265.304(c) requires owners or operators of each new landfill
unit, each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit required to have leak detection systems
(LDS) under section 265.301 (a) to submit pump operating level
proposals, with rationale, to EPA when submitting the action leakage
rate proposal required under §265.302(a).  In addition, section 265.73
requires owners and operators to maintain records of all monitoring,
testing, or analytical data, and corrective action associated with the
monitoring and inspection activities required under sections 265.304.

(i)	Data items:

The data items required to comply with these requirements include:

•	A proposed pump operating level that is a liquid level based on the
pump activation level, sump dimensions, and level that avoids backup
into the drainage layer and that minimizes the head in the sump; and

•	Recordkeeping, as required by §265.73, of all monitoring, testing,
or analytical data, and corrective action associated with the monitoring
and inspection activities required under section 265.304.

(ii)	Respondent activities:

Respondents must perform the following activities when developing pump
operating levels:

•	Develop and submit to the Regional Administrator a pump operating
level and rationale, as specified in section 265.304(c); and

•	Maintain records of all monitoring, testing, or analytical data, and
corrective action associated with the monitoring and inspection
activities, in accordance with section §265.73.

Special requirements for bulk and containerized liquids

40 CFR 265.314(b) prohibits disposing bulk or containerized liquid
hazardous waste or hazardous waste containing free liquids in any
landfill.  40 CFR 265.314(d) requires owner/operators to demonstrate the
absence or presence of free liquids in bulk or containerized waste,
using EPA Method 9095 (Paint Filter Liquids Test) as described in
“Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods” (EPA Publication No. SW-846).

In addition, 40 CFR 265.314(f) prohibits placing non-hazardous liquid
waste in a landfill unless the landfill owner/operator can demonstrate
to the Regional Administrator, or the Regional Administrator determines,
that: (1) the only reasonably available alternative is placing the waste
in another landfill that contains or is expected to contain hazardous
waste, and (2) placing the waste in the owner/operator’s landfill will
not risk contaminating any underground source of drinking water.  The
regulations do not specify the exact form this demonstration must take;
depending on the circumstances surrounding each demonstration, the
effort and data required to gain an exemption may vary.  This ICR
assumes that owner/operators will present information regarding (1) the
situational constraints that necessitate disposing the waste in a
landfill containing hazardous waste (e.g., the lack of access to any
other suitable disposal arrangement), and (2) hydrogeological and other
information sufficient to show that doing so cannot contaminate any
underground source of drinking water.

(i)	Data items:

The data items for demonstrating the absence of free liquids include:

•	Results of the Paint Filter Liquids Test, performed as specified in
SW-846.

The data items required for the demonstration under 40 CFR 265.314(f)
include:

•	Information sufficient to show that the only reasonably available
alternative to placing the waste in the owner/operator’s landfill
would be to place the waste in another landfill or unlined surface
impoundment that contains or is expected to contain hazardous waste; and

•	Information sufficient to show that placing the waste in the
owner/operator’s landfill will not present a risk of contamination of
any underground source of drinking water.

(ii)	Respondent activities:

Respondents must perform the following activities in performing the
no-free-liquids demonstration:

•	Record and file the observation results.

Respondents must perform the following activities in order to gain an
exemption from the requirements in §265.314(f):

•	Gather the information necessary to make the demonstration; and

•	Submit the information to the Regional Administrator.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart N is
expected to read the regulations.

Calculating average daily flow rates

To determine if the action leakage rate has been exceeded, section
264.302(b) requires the owner or operator of each landfill unit to use
the weekly or monthly flow rates from the monitoring data obtained under
§264.303(c)(2) and calculate average daily flow rates (in gallons per
acre per day).  Unless EPA specifies otherwise, the average daily flow
rates for each sump must be calculated weekly during the active life and
closure period, and monthly during the post-closure care period, if the
unit is closed in accordance with section 264.310(b)(3), and when
required under section 264.303(c)(1).

(i)	Data item:

The data item required to comply with these requirements is:

•	Estimate of the average daily flow rates weekly during the active
life and closure period, and monthly during the post-closure care
period.

(ii)	Respondent activity:

Respondents must perform the following activity:

•	Calculate the average daily flow rates as required by §264.302(b).

Monitoring and inspection

Section 264.303(a) and (b) require owners and operators of facilities
that have landfills to inspect their units and to record the specified
inspection activities.  Data items and respondent activities associated
with these requirements are covered in this ICR.  However, the burden
for recordkeeping the applicable data items is covered in “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to inspections done during the construction and
installation of liners (except in the case of existing portions of
surface impoundments exempt form §264.301(a)) and cover systems (e.g.,
membranes, sheets, or coatings) for uniformity, damage, and
imperfections (e.g., holes, cracks, thin spots, or foreign materials)
(§264.303(a));

Records pertaining to the inspection of synthetic liners and covers to
ensure tight seams and joints an the absence of tears, punctures, or
blisters immediately after construction and installation (§264.303(a));

Records pertaining to the inspection of soil-based and admixed liners
and covers for imperfections including lenses, cracks, channels, root
holes, or other structural non-uniformities that may cause an increase
in the permeability of the liner or cover immediately after construction
and installation (§264.303(a)); and

Records pertaining to the inspection of the waste pile weekly and after
storms while it is operation to detect evidence of any of the following
(§264.303(b)):

--				Deterioration, malfunctions, or improper operation of run-on and
run-off control systems;

--				Proper functioning of wind dispersal control systems, where
present; and

--				The presence of leachate in and proper functioning of leachate
collection and removal systems, where present.

(ii)	Respondent activity:

Respondents must perform the following activity for actions associated
with monitoring and inspections:

Record all inspection data.

Completion and submittal of the Response Action Plan and recordkeeping
of response actions

Section 264.304(a) requires the owner or operator of each new landfill
unit, each replacement of an existing landfill unit, and each lateral
expansion of a landfill unit subject to section 264.301(c) or (d) to
prepare a Response Action Plan (RAP).  The plan must set forth the
actions to be taken if the action leakage rate has been exceeded.  It
must describe, at a minimum, the actions required under §264.303(b).
Permitted facilities and facilities seeking initial permits must submit
the RAP for EPA approval in a Part B permit application or modification
before the receipt of waste.  Data items and respondent activities
associated with preparing and submitting the RAP are covered in the
“Part B Application, Permit Modification, and Special Permits ICR”
(EPA ICR Number 1573).

Action leakage reporting

40 CFR 264.304(b) requires owners and operators to collect certain
information in the event the flow rate into the leak detection system
exceeds the action leakage rate.

(i)	Data items:

The following data items are required if the action leakage rate is
exceeded:

•	Notification to the Regional Administrator, in writing, of the
exceedance within seven days of the determination;

•	Submittal of a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as the amount of
liquids, likely sources of liquids, possible location, size and cause of
any leaks, and short-term actions taken and planned; Determination of,
to the extent practicable, the location, size, and cause of any leaks;

•	Determination as to whether waste receipt should cease or be
curtailed;

Determination as to whether any waste should be removed from the unit
for inspection, repairs, or controls, and whether or not the unit should
be closed;

•	Determination of any other short-term and longer-term actions to be
taken to mitigate or stop any leaks; and

•	Submittal to the Regional Administrator, within 30 days after the
notification that the action leakage rate has been exceeded, the results
of the analyses specified, the results of actions taken, and actions
planned.  As long as the ALR is exceeded, the owner or operator must
submit to the Regional Administrator monthly reports summarizing the
results of any remedial actions taken and actions planned.

(ii)	Respondent activities:

Respondents must perform the following activities as outlined in the
RAP:

•	Notify the Regional Administrator, in writing, of the exceedance
within seven days of the determination, as required by §264.304(b)(1);

•	Submit a preliminary written assessment to the Regional
Administrator within 14 days of the determination, as required by
§264.304(b)(2);

•	Determine, to the extent practicable, the location, size and cause
of any leak, as required by §264.304(b)(3);

•	Determine whether waste receipt should cease or be curtailed;

Determine whether any waste should be removed from the unit for
inspection, repairs, or controls, and whether or not the unit should be
closed;

•	Determine any other short-term and longer-term actions to be taken
to mitigate or stop any leaks, as required by §264.304(b)(5); and

•	Submit to the Regional Administrator, within 30 days after the
notification that the ALR has been exceeded, the results of the analyses
specified in paragraphs(b)(3), (4), and (5), the results of the actions
taken, and actions planned, and monthly thereafter as required by
§264.304(b)(6).

Remediation determination analyses

Under 40 CFR 264.304(b)(3), (4) and (5), owners and operators must make
leak and/or remediation determinations.

(i)	Data items:

Data items required to comply with these requirements include:

•	Assessment of the source liquids and amounts of liquids by source;

•	Execution of a fingerprint, hazardous constituent, of other analyses
of the liquids in the leak detection system to identify the source of
liquids and possible location of any leaks, and the hazard and mobility
of the liquid; and

•	Assessment of the seriousness of any leaks in terms of potential for
escaping into the environment.

OR

•	Documentation as to why assessments above are not needed.

(ii)	Respondent activities:

Respondents must perform the following activities to make leak and/or
remediation determinations:

•	Perform the following activities to make leak and/or remediation
determinations:

--			Assess the source of liquids and amounts of liquids, as required by
section 264.304(c)(1)(i);

--			Conduct a fingerprint, hazardous constituent, or other analyses, as
required by section 264.304(c)(1)(ii); and

--			Assess the seriousness of any leaks, as required by section
264.304(c)(1)(ii).

OR

--			Document why assessments above are not needed, as required by
§264.304(c)(1)(iii).

Special requirements for bulk and containerized liquids

40 CFR 264.314(b) prohibits disposing bulk or containerized liquid
hazardous waste or hazardous waste containing free liquids in any
landfill.  40 CFR 264.314(c) requires owner/operators to demonstrate the
absence or presence of free liquids in bulk or containerized waste using
EPA Method 9095 (Paint Filter Liquids Test) as described in “Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA
Publication No. SW-846).

In addition, 40 CFR 264.314(e) prohibits placing non-hazardous liquid
waste in a landfill unless the landfill owner/operator can demonstrate
to the Regional Administrator, or the Regional Administrator determines,
that: (1) the only reasonably available alternative is placing the waste
in another landfill that contains or is expected to contain hazardous
waste, and (2) placing the waste in the owner/operator’s landfill will
not risk contaminating any underground source of drinking water.  The
regulations do not specify the exact form this demonstration must take;
depending on the circumstances surrounding each demonstration, the
effort and data required to gain an exemption may vary.  This ICR
assumes that owner/operators will present information regarding (1) the
situational constraints that necessitate disposing the waste in a
landfill containing hazardous waste (e.g., the lack of access to any
other suitable disposal arrangement), and (2) hydrogeological and other
information sufficient to show that doing so cannot contaminate any
underground source of drinking water.

(i)	Data items:

The data items for demonstrating the absence of free liquids include:

•	Results of the Paint Filter Liquids Test, performed as specified in
SW-846.

The data items required for the demonstration under 40 CFR 264.314(e)
include:

•	Information sufficient to show that the only reasonably available
alternative to placing the waste in the owner/operator’s landfill
would be to place the waste in another landfill

or unlined surface impoundment that contains or is expected to contain
hazardous waste; and

•	Information sufficient to show that placing the waste in the
owner/operator’s landfill will not present a risk of contamination of
any underground source of drinking water.

(ii)	Respondent activities:

Respondents must perform the following activities in performing the
no-free-liquids demonstration:

•	Record and file the observation results.

Respondents must perform the following activities in order to gain an
exemption from the requirements in §264.314(e):

•	Gather the information necessary to make the demonstration; and

•	Submit the information to the Regional Administrator.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

40 CFR 264.317 prohibits placing F020, F021, F022, F023, F026, and F027
wastes in any landfill unless the landfill is operated in accordance
with a management plan approved by the Regional Administrator.  Since
the waste management plan is submitted with the Part B permit
application, data items and respondent activities associated with this
requirement are covered in the “Part B Permit Application, Permit
Modification, and Special Permits ICR” (EPA ICR Number 1573).

INCINERATORS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart O is
expected to read the regulations.

Applicability

40 CFR Part 265, Subpart O presents interim status hazardous waste
incinerator standards.  Section 265.340(b) exempts incinerator
owner/operators from these regulations (except §265.351--Closure).

(i)	Data item:

The data item required for an exemption from the interim status
incinerator requirements is:

•	Written documentation that the waste to be incinerated meets the
requirements listed in 40 CFR 265.340(b) and cannot reasonably be
expected to contain any of the hazardous constituents listed in 40 CFR
261, Appendix VIII.

(ii)	Respondent activities:

Respondents must perform the following activities in order to be exempt
from these requirements:

•	Determine whether the waste in question meets the requirements
listed in 40 CFR 265.340(b) and Part 261, Appendix VIII, and document
the fact in writing; and

•	File the documentation at the unit.

Waste analysis

40 CFR 265.341 requires owner/operators of an interim status incinerator
to gather waste analysis data (in addition to that required in §265.13)
for hazardous waste that has not been previously burned in his
incinerator to enable him to establish steady state (normal) operating
conditions (including waste and auxiliary fuel feed and air flow) and to
determine the type of pollutants which might be emitted.  At a minimum,
the waste analysis must determine:

Heating value of the waste;

Halogen content and sulfur content in the waste; and

Concentrations in the waste of lead and mercury, unless the owner or
operator has written, documented data that show that the element is not
present.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data item:

The data item required to comply with these requirements include:

Records of the waste analysis results.

(ii)	Respondent activity:

Respondents must perform the following activity in gathering these data:

•	Conduct waste analysis.

 Monitoring and inspections

Section 265.347(a) and (b)  require owners and operators of incinerators
to conduct monitoring and inspection activities and to collect data
gathered by these activities when incinerating hazardous waste.  Data
items and respondent activities associated with these requirements are
covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in “General Hazardous Waste Facility
Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to the monitoring of existing instruments which
relate to combustion and emission control every 15 minutes
(§264.347(a));

Records pertaining to the inspection of the complete incinerator and
associated equipment (pumps, valves, conveyors, pipes, etc.), at least
daily, for leaks, spills, and fugitive emissions (§264.347(b)); and

Records pertaining to the inspection of all emergency shutdown controls
and system alarms to assure proper operation (§264.347(b)).

(ii)	Respondent activity:

Respondents must perform the following activity in gathering these data:

Record all inspection data.

Special requirements for hazardous wastes F020, F021, F022, F023, F026,
and F027

Under 40 CFR 265.352, these wastes may be burned in interim status
hazardous waste incinerators if owner/operators receive a certification
from the Assistant Administrator for Solid Waste and Emergency Response
that they can meet the performance standards of Subpart O of Part 264.

(i)	Data item:

The data item required to receive this certification include:

•	An application to the Assistant Administrator containing the
information in §§ 270.19 and 270.62.

(ii)	Respondent activities:

Respondents must perform the following activities to receive this
certification:

•	Complete an application that demonstrates the incinerator can meet
the performance standards in Subpart O of Part 264, including a trial
burn; and

•	Submit the application to EPA.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart O is
expected to read the regulations.

Applicability

40 CFR Part 264, Subpart O presents permitted status hazardous waste
incinerator standards.  Section 264.340(b) exempts incinerator
owner/operators from these regulations.  Since the owner/operator
submits applicability exemptions with the Part B Permit Application,
data items and respondent activities associated with this requirement
are covered in the “Part B Permit Application, Permit Modification,
and Special Permits ICR” (EPA ICR Number 1573).

Notification of intent to burn hazardous wastes

40 CFR 264.343(a)(2) requires owner/operators to notify the Regional
Administrator prior to burning EPA Hazardous Waste Codes F020, F021,
F022, F023, F026, and F027.

(i)	Data items:

No specific data items are to be included in this notification.

(ii)	Respondent activities:

To comply with 40 CFR 264.343(a)(2), owners/operators must perform the
following activities:

•	Prepare notification of intent to burn wastes; and

•	Submit notification to the Regional Administrator.

Monitoring and inspections

40 CFR 264.347(a), (b) and (c) detail the monitoring and inspection
requirements for Subpart O incinerators.  Data items and respondent
activities associated with these requirements are covered in this ICR.
However, the burden for recordkeeping the applicable data items is
covered in the “General Hazardous Waste Facility Standards ICR” (EPA
ICR Number 1571).

(i)	Data items:

Data items required to comply with these requirements include:

Records pertaining to the following monitoring activities
(§264.347(a)):

--			Combustion temperature, waste feed rate, and the indicator of
combustion gas velocity specified in the facility permit must be
monitored on a continuous basis;

--			CO must be monitored on a continuous basis at a point in the
incinerator downstream of the combustion zone and prior to release to
the atmosphere; and

--			Upon request by the Regional Administrator, sampling and analysis
of the waste and exhaust emissions must be conducted to verify that the
operating requirements established in the permit achieve the performance
standards of §264.343;

Records pertaining to thorough visual inspections, conducted at least
daily, of the incinerator and associated equipment (pumps, valves,
conveyors, pipes, etc.) for leaks, spills, fugitive emissions, and signs
of tampering (§264.347(b)); and

Records pertaining to operational testing, conducted at least weekly, of
the emergency waste feed cutoff system and associated alarms to verify
operability (§264.347(c));

OR

•	A demonstration for exemption under §264.347(c) from the
requirements to test the emergency waste feed cutoff system and
associate alarms on a weekly basis; and

Records pertaining to operational testing, conducted at least monthly,
of the emergency waste feed cutoff system and associated alarms to
verify operability (§264.347(c)).

(ii)	Respondent activity:

Respondents must perform the following activity in order to be exempt
from these requirements:

•	Record all inspection data.

THERMAL TREATMENT UNITS (Interim Status Facilities Only)

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart P is
expected to read the regulations.

Waste analysis

40 CFR 265.375 requires owner/operators of a thermal treatment unit to
gather waste analysis data (in addition to that required in §265.13)
for hazardous waste that has not been previously treated in his thermal
treatment process to enable him to establish steady state (normal) or
other appropriate (for non-continuous process) operating conditions
(including auxiliary fuel feed) and to determine the type of pollutants
which might be emitted.  Data items and respondent activities associated
with these requirements are covered in this ICR.  However, the burden
for recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

At a minimum, the analysis must determine:

Heating value of the waste;

Halogen content and sulfur content in the waste; and

Concentrations in the waste of lead and mercury, unless the owner or
operator has written, documented data that show that the element is not
present.

(i)	Data item:

The data item required to comply with these requirements include:

Records of the waste analysis results.

(ii)	Respondent activity:

Respondents must perform the following activity in gathering this data:

•	Conduct waste analysis.

Monitoring and inspections

40 CFR 265.377 requires owner/operators of an interim status thermal
treatment unit to conduct monitoring and inspection activities and
collect the data gathered during these activities.  Data items and
respondent activities associated with these requirements are covered in
this ICR.  However, the burden for recordkeeping the applicable data
items is covered in the “General Hazardous Waste Facility Standards
ICR” (EPA ICR Number 1571).

(i)	Data items:

The data items required for owners and operators of Subpart P
incinerators include:

Records pertaining to the monitoring, at least every 15 minutes, of
existing instruments which relate to temperature and emission control
(if an emission control device is present);

Records pertaining to the visual observation, at least hourly, of the
stack plume (emissions), where present, for normal appearance (color and
capacity);

Records pertaining to the inspection, at least daily, of the complete
thermal process and associated equipment (pumps, valves, conveyors,
pipes, etc.) for leaks, spills, and fugitive emissions; and

Records pertaining to the inspection, at least daily, of all emergency
shutdown controls and system alarms to assure proper operation.

(ii)	Respondent activities:

Respondents must perform the following activities in gathering these
data:

Monitor existing instruments which relate to temperature and emission
control (if an emission control device is present);

Observe visually the stack plume, where present, for normal appearance;

•	Inspect the complete thermal process and associated equipment for
leaks, spills, and fugitive emissions; and

•	Inspect all emergency shutdown controls and system alarms to assure
proper operation.

Application to burn F020, F021, F023, F026, or F027

40 CFR 265.383(b)(1) requires owners/operators of facilities that
thermally treat hazardous waste in devices other than enclosed devices
using controlled flame combustion who chose to burn EPA Hazardous Wastes
F020, F021, F022, F023, F026, or F027 to submit an application to burn
these wastes. Applications to burn EPA Hazardous Wastes F020, F021,
F022, F023, F026, or F027 must include the applicable information in
§§ 270.19 and 270.62.

(i)	Data item:

The data item required to comply with this requirement includes:

•	An application to the Assistant Administrator for Solid Waste and
Emergency Response containing information in §270.62 or §270.19(c).

(ii)	Respondent activities:

To comply with §265.383(b)(1), respondents must perform the following
activities:

•	Collect information and prepare application; and

•	Submit application to the Assistant Administrator for Solid Waste
and Emergency Response.

CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT UNITS (Interim Status
Facilities Only)

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart Q is
expected to read the regulations.

Waste analysis and trial tests

40 CFR 265.402 requires owner/operators of a chemical, physical, or
biological treatment unit to conduct waste analyses (in addition to
those required in §265.13) for hazardous waste, whenever:

A hazardous waste which is substantially different from waste previously
treated in a treatment process or equipment at the facility is to be
treated in that process or equipment;

OR

A substantially different process than any previously used at the
facility is to be used to chemically treat hazardous waste.

Note that data items and respondent activities associated with these
requirements are covered in this ICR.  However, the burden for
recordkeeping the applicable data items is covered in the “General
Hazardous Waste Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

The data items required for owners and operators of Subpart Q units
include:

Records of waste analyses and trial treatment tests (e.g., bench scale
or pilot plant scale);

OR

A demonstration that the proposed treatment will meet all applicable
requirements of §265.401(a) and (b), based on written, documented
information on similar treatment of similar waste under similar
operating conditions.

(ii)	Respondent activities:

Respondents must perform the following activities in gathering this
data:

•	Conduct waste analyses and trial treatment tests;

OR

•	Obtain written, documented information on similar treatment of
similar waste under similar operating conditions.

Inspections

40 CFR 265.403 requires owner/operators of a chemical, physical, or
biological unit to conduct inspections of the unit, as specified below.
Data items and respondent activities associated with these requirements
are covered in this ICR.  However, the burden for recordkeeping the
applicable data items is covered in the “General Hazardous Waste
Facility Standards ICR” (EPA ICR Number 1571).

(i)	Data items:

The data items required for owners and operators of Subpart Q treatment
units include:

Records pertaining to the inspection of discharge control and safety
equipment (e.g., waste feed cutoff system, by-pass systems, drainage
systems, and pressure relief systems), where present, at least once each
operating day, to ensure that it is in good working order
(§265.403(a)(1));

Data gathered from monitoring equipment (e.g., pressure and temperature
gauges), at least once each operating day, to ensure that the treatment
process or equipment is being operating according to its design
(§265.403(a)(2));

Records pertaining to the inspection of construction materials of the
treatment process or equipment, at least weekly, to detect corrosion or
leaking fixtures or seams (§265.403(a)(3)); and

Records pertaining to the inspection of construction materials of, and
the area immediately surrounding, discharge confinement structures
(e.g., dikes), at least weekly, to detect erosion or obvious signs of
leakage (e.g., wet spots or dead vegetation) (§265.403(a)(4)).

(ii)	Respondent activities:

Respondents must perform the following activities in gathering these
data:

Inspect discharge control and safety equipment, where present, at least
once each operating day, to ensure that it is in good working order
(§265.403(a)(1));

Gather data from monitoring equipment, where present, at least once each
operating day, to ensure that the treatment process or equipment is
being operating according to its design (§265.403(a)(2));

Inspect construction materials of the treatment process or equipment,
where present, at least weekly, to detect corrosion or leaking fixtures
or seams (§265.403(a)(3)); and

Inspect construction materials of, and the area immediately surrounding,
discharge confinement structures (e.g., dikes), where present, at least
weekly, to detect erosion or obvious signs of leakage (e.g., wet spots
or dead vegetation) (§265.403(a)(4)).

DRIP PADS

Generators:

Regulations

Each respondent regulated under 40 CFR Part 261 is expected to read the
regulations.

Equipment cleaning or replacement plan

40 CFR 261.35(b) requires owners and operators of facilities that
generate wastes from wood preserving processes to either prepare, sign,
and follow an equipment cleaning plan, or prepare, sign, and follow an
equipment replacement plan.  In addition, generators must document
equipment cleaning and replacement in accordance with
§261.35(b)(1)(iii).  Generators must also maintain records documenting
all equipment cleaning or replacement (§261.35(c)).

(i)	Data item:

The data item required to comply with these requirements include:

Documentation of equipment cleaning and replacement.

(ii)	Respondent activities:

Respondents must perform the following activities in gathering this
data:

•	Prepare and follow an equipment cleaning plan;

OR

•	Prepare and follow an equipment replacement plan;

OR

•	Document cleaning and replacement; and

•	Maintain documentation of equipment cleaning and replacement.

Interim Status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart W is
expected to read the regulations.

Contingency plan

40 CFR 265.440 requires owners and operators of facilities that use new
or existing drip pads to convey treated wood drippage, precipitation,
and/or surface water run-on to an associated collection system.  The
requirements are not applicable, however, to the management of
infrequent and incidental drippage in storage yards provided that the
owner or operator maintains and complies with a written contingency plan
that describes how the owner or operator will respond immediately to the
discharge of such infrequent and incidental drippage.

(i)	Data item:

The data item required to comply with these requirements includes:

•	Contingency plan describing how the owner or operator will do the
following: (1) clean up the drippage; (2) document the cleanup of the
drippage; (3) retain documents regarding cleanup for three years; and
(4) manage the contaminated media in a manner consistent with Federal
regulations (§265.440(c)).

(ii)	Respondent activities:

To comply with §265.440(c), respondents must perform the following
activities:

•	Develop and maintain a contingency plan for discharge of drippage,
including documentation of drippage.

Assessment of existing drip pad integrity

40 CFR 265.441(a) requires that for each existing drip pad as defined in
§265.440, the owner or operator must evaluate the drip pad and
determine that it meets all of the requirements of this Subpart, except
the requirements for liners and leak detection systems of §265.443(b).

(i)	Data item:

The data item for this evaluation includes:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation.

(ii)	Respondent activities:

To comply with §265.441(a), respondents must perform the following
activities:

•	Obtain and submit a written, certified assessment of the drip pad;

•	Maintain the written assessment of the drip pad; and

•	Review, update, and re-certify the assessment annually.

Plan for upgrading, repairing, and modifying the drip pad

40 CFR 265.441(b) requires that the owner or operator develop a written
plan for upgrading, repairing, and modifying the drip pad to meet the
requirements of §265.443(b) and must submit this plan no later than two
years before the date that all repairs, upgrades, and modifications will
be complete.  This written plan must describe all changes to be made to
the drip pad.  Upon completion of all repairs and modifications, the
owner or operator must submit the as-built drawing with certification by
and independent, qualified engineer attesting that the drip pad conforms
to the drawings, as specified in 40 CFR 265.441(c).

(i)	Data items:

The data items for these requirements include:

•	A written plan reviewed and certified by an independent qualified,
registered professional engineer; and

•	As-built drawings for the drip pad together with a certification by
an independent, qualified registered professional engineer attesting
that the drip pad conforms to the drawings.

(ii)	Respondent activities:

To comply with §265.441(b)-(c), respondents must perform the following
activities:

•	Develop and submit to the Regional Administrator a written certified
plan;

•	Maintain a written assessment of the plan; and

•	Obtain and submit as-built drawings and a certification.

Design and operating requirements

40 CFR 265.443 specifies design and operating requirements for owners
and operators of facilities with drip pads.  Sections 265.443(a), (b),
(g), (i), and (k) include information collection requirements associated
with the design, construction, operation, and maintenance of the drip
pads.

(i)	Data items:

The data items required to comply with these requirements include:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation.  The assessment must be reviewed,
updated, and recertified annually.  The evaluation must document the
extent to which the drip pad meets the design and operating standards of
this section (§265.443(a)(4)(ii));

•	Documentation in the unit’s operating log of the date and time of
any leakage collected and removed from the leakage collection system
immediately above the liner that is designed, constructed, maintained,
and operated to collect leakage from the drip pad (§265.443(b)(3));

•	Certification from an independent, qualified registered professional
engineer stating that the drip pad design meets the requirements of
§265.443 (§265.443(g));

•	Documentation in the unit’s operating log of the date and time of
each weekly cleaning of the drip pad and the cleaning procedure used
(§265.443(i)); and

•	Records sufficient to document that all treated wood is held on the
pad following treatment in accordance with this requirement
(§265.443(k)).

(ii)	Respondent activities:

To comply with §265.443(a), (b), (g), (i), and (k), respondents must
perform the following activities:

•	Obtain and maintain a written certified assessment of a new drip
pad;

•	Update and maintain the written certified assessment of the drip pad
annually;

•	Maintain documentation of the date and time of any leakage collected
and removed from the leakage collection system immediately above the
liner;

Obtain and maintain a certification from an independent, qualified
registered professional engineer stating that the drip pad design meets
the requirements of §265.443;

•	Maintain documentation of the date and time of each weekly cleaning
of the drip pad; and

•	Maintain records that all treated wood is held on the drip pad after
treatment.

Emergency response

40 CFR 265.443(m) requires that throughout the active life of the drip
pad, the owner or operator must repair within a reasonably prompt period
of time any condition detected that may have caused or has caused a
release of hazardous waste.

(i)	Data items:

The data items for this requirement include:

•	A record of discovery of each condition in the unit operating log;

A 24-hour notification;

•	Written notification of the condition to the Regional Administrator
within 10 working days of the discovery, providing a description of the
steps that will be taken to repair the drip pad, and clean up any
leakage, and the schedule for accomplishing this work; and

•	Written notification with a certification by an independent,
qualified, registered professional engineer to the Regional
Administrator showing that all repairs and clean up have been completed
according to the written plan submitted.

(ii)	Respondent activities:

To comply with §265.443(m), respondents must perform the following
activities:

•	Enter a record of discovery for each condition;

Notify EPA of each condition within 24 hours;

•	Provide written notification to EPA within 10 working days; and

•	Prepare and submit a report with certification to EPA when all
repairs and clean up are complete.

Facility operating record

40 CFR 265.443(n) requires that the owner or operator of a unit with
drip pads must maintain as part of the unit’s operating log,
documentation of past operating and waste handling practices.

(i)	Data item:

The data item for this requirement is:

•	Documentation of past operating and waste handling practices, which
must include identification of preservative formulations used in the
past, a description of drippage management practices, and a description
of treated wood storage and handling practices.

(ii)	Respondent activity:

To comply with §265.443(n), respondents must perform the following
activity:

•	Maintain documentation of past operating and waste handling
practices.

Inspections

40 CFR 265.444 requires that during construction or installation, liners
and cover systems (e.g., membranes sheets, or coatings) must be
inspected for uniformity, damage, and imperfections (e.g., holes,
cracks, thin spots, or foreign materials).  Data items and respondent
activities associated with these requirements are covered in this ICR.
However, the burden for recordkeeping the applicable data items is
covered in the “General Hazardous Waste Facility Standards ICR” (EPA
ICR Number 1571).

(i)	Data items:

The data items for this requirement include:

•	Inspection of liners immediately after construction or installation
with certification by an independent qualified, registered professional
engineer.  Also, drip pads must be inspected weekly while in operation;
and

•	Certifications of inspection must be maintained at the unit as part
of the unit’s operating record.

(ii)	Respondent activities:

To comply with §265.444 respondents must perform the following
activity:

•	Inspect and certify liners immediately after construction or
installation; and

•	Inspect and certify liners on a weekly basis.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart W is
expected to read the regulations.

Contingency plan

40 CFR 264.570 requires owners and operators of facilities that use new
or existing drip pads to convey treated wood drippage, precipitation,
and/or surface water run-on to an associated collection system.  The
requirements are not applicable, however, to the management of
infrequent and incidental drippage in storage yards provided that the
owner or operator maintains and complies with a written contingency plan
that describes how the owner or operator will respond immediately to the
discharge of such infrequent and incidental drippage.

(i)	Data item:

The data item for this requirement includes:

•	Contingency plan describing how the owner or operator will do the
following: (1) clean up the drippage; (2) document the cleanup of the
drippage; (3) retain documents regarding cleanup for three years; and
(4) manage the contaminated media in a manner consistent with Federal
regulations (§264.570(c)(1)).

(ii)	Respondent activity:

To comply with §264.570(c)(1), respondents must perform the following
activity:

•	Develop and maintain a contingency plan for discharge of drippage,
including documentation of drippage.

Assessment of existing drip pad integrity

40 CFR 264.571(a) requires that for each existing drip pad as defined in
§264.570, the owner or operator must evaluate the drip pad and
determine that it meets all of the requirements of this Subpart, except
the requirements for liners and leak detection systems of §264.573(b).

(i)	Data item:

The data item for this evaluation includes:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation.

(ii)	Respondent activities:

To comply with §264.571(a), respondents must perform the following
activities:

•	Obtain a written, certified assessment of the drip pad;

•	Maintain on file the written assessment of the drip pad; and

•	Review, update, and re-certify the assessment annually.

Plan for upgrading, repairing, and modifying the drip pad

40 CFR 264.571(b) requires that the owner or operator develop a written
plan for upgrading, repairing, and modifying the drip pad to meet the
requirements of §264.573(b) and must submit this plan no later than two
years before the date that all repairs, upgrades, and modifications will
be complete.  This written plan must describe all changes to be made to
the drip pad.  Upon completion of all repairs and modifications, the
owner or operator must submit the as-built drawing with certification by
and independent, qualified engineer attesting that the drip pad conforms
to the drawings, as specified in 40 CFR 264.571(c).

(i)	Data items:

The data items for these requirements include:

•	A written plan reviewed and certified by an independent qualified,
registered professional engineer; and

•	As-built drawings for the drip pad together with a certification by
an independent, qualified registered professional engineer attesting
that the drip pad conforms to the drawings.

(ii)	Respondent activities:

To comply with §264.571(b)-(c), respondents must perform the following
activities:

•	Develop and submit to the Regional Administrator a written certified
plan;

•	Maintain a written assessment of the plan; and

•	Obtain and submit as-built drawings and a certification.

Design and operating requirements

40 CFR 264.573 specifies design and operating requirements for owners
and operators of facilities with drip pads.  Sections 264.573(a), (b),
(g), (i), and (k) include information collection requirements associated
with the design, construction, operation, and maintenance of the drip
pads.

(i)	Data items:

The data items required to comply with these requirements include:

•	A written assessment of the drip pad, reviewed and certified by an
independent, qualified registered professional engineer that attests to
the results of the evaluation.  The assessment must be reviewed,
updated, and recertified annually.  The evaluation must document the
extent to which the drip pad meets the design and operating standards of
this section (§264.573(a)(4)(ii));

•	Documentation in the unit’s operating log of the date and time of
any leakage collected and removed from the leakage collection system
immediately above the liner that is designed, constructed, maintained,
and operated to collect leakage from the drip pad (§264.573(b)(3));

•	Certification from an independent, qualified registered professional
engineer stating that the drip pad design meets the requirements of
§264.573 (§264.573(g));

•	Documentation in the unit’s operating log of the date and time of
each weekly cleaning of the drip pad and the cleaning procedure used
(§264.573(i)); and

•	Records sufficient to document that all treated wood is held on the
pad following treatment in accordance with this requirement
(§264.573(k)).

(ii)	Respondent activities:

To comply with §264.573(a), (b), (g), (i), and (k), respondents must
perform the following activities:

•	Obtain and maintain a written certified assessment of a new drip
pad;

•	Update and maintain the written certified assessment of the drip pad
annually;

•	Maintain documentation of the date and time of any leakage collected
and removed from the leakage collection system immediately above the
liner;

Obtain and maintain a certification from an independent, qualified
registered professional engineer stating that the drip pad design meets
the requirements of §264.573;

•	Maintain documentation of the date and time of each weekly cleaning
of the drip pad; and

•	Maintain records that all treated wood is held on the drip pad after
treatment.

Emergency response

40 CFR 264.573(m) requires that throughout the active life of the drip
pad, the owner or operator must repair within a reasonably prompt period
of time any condition detected that may have caused or has caused a
release of hazardous waste.

(i)	Data items:

The data items for this requirement include:

•	A record of discovery of each condition in the unit operating log;

A 24-hour notification;

•	Written notification of the condition to the Regional Administrator
within 10 working days of the discovery, providing a description of the
steps that will be taken to repair the drip pad, and clean up any
leakage, and the schedule for accomplishing this work; and

•	Written notification with a certification to the Regional
Administrator showing that all repairs and clean up have been completed
according to the written plan submitted.

(ii)	Respondent activities:

To comply with §264.573(m), respondents must perform the following
activities:

•	Enter a record of discovery for each condition;

Notify EPA of each condition within 24 hours;

•	Provide written notification to EPA within 10 working days; and

•	Prepare and submit a report with certification to EPA when all
repairs and clean up are complete.

Facility operating record

40 CFR 264.573(n) requires that the owner or operator of a unit with
drip pads must maintain as part of the unit’s operating log,
documentation of past operating and waste handling practices.

(i)	Data item:

The data item for this requirement is:

•	Documentation of past operating and waste handling practices, which
must include identification of preservative formulations used in the
past, a description of drippage management practices, and a description
of treated wood storage and handling practices.

(ii)	Respondent activity:

To comply with §264.573(n), respondents must perform the following
activity:

•	Maintain documentation of past operating and waste handling
practices.

Inspections

40 CFR 264.574 requires that during construction or installation, liners
and cover systems (e.g., membranes sheets, or coatings) must be
inspected for uniformity, damage, and imperfections (e.g., holes,
cracks, thin spots, or foreign materials). Data items and respondent
activities associated with these requirements are covered in this ICR.
However, the burden for recordkeeping the applicable data items is
covered in the “General Hazardous Waste Facility Standards ICR” (EPA
ICR Number 1571).

(i)	Data items:

The data items for this requirement include:

•	Inspection of liners immediately after construction or installation
with certification by an independent qualified, registered professional
engineer.  Also, drip pads must be inspected weekly while in operation;
and

•	Certifications of inspection must be maintained at the unit as part
of the unit’s operating record.

(ii)	Respondent activities:

To comply with §264.574 respondents must perform the following
activity:

•	Inspect and certify liners immediately after construction or
installation; and

•	Inspect and certify liners on a weekly basis.

MISCELLANEOUS UNITS (Permitted Facilities Only)

Because developing and following a written schedule for inspecting
equipment is covered in the “General Hazardous Waste Facility
Standards ICR” ( EPA ICR Number 1571), submitting a biennial report is
covered in the “Biennial Report ICR” (EPA ICR Number 976), preparing
an unmanifested waste report is covered in the “Manifest ICR” (EPA
ICR Number 801), preparing release, fire, explosion, and closure reports
are covered in the “General Hazardous Waste Facility Standards ICR”
(EPA ICR Number 1571), and documenting post-closure care procedures for
closed miscellaneous units that have contaminated soils or ground water
are covered in the “Part B Permit Application, Permit Modification,
and Special Permits ICR” (EPA ICR Number 1573), these data items and
activities associated with them are not covered in this ICR.  The only
burden covered in this ICR for respondents regulated under 40 CFR Part
264, Subpart X is for reading the regulations.

PROCESS VENTS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart AA is
expected to read the regulations.

Control device operation documentation

40 CFR 265.1033(i) requires owner/operators to prepare documentation
describing the operation of control devices different from those
specified in §265.1033(f), (g), and (h) and identifying process
parameters that indicate proper operation and maintenance of those
control devices.

(i)	Data items:

The data items for this determination include:

•	Information describing the control device operation; and

•	Information on the process parameter or parameters that will be used
to indicate proper operation and maintenance of the control device.

(ii)	Respondent activities:

To comply with §265.1033(i), respondents must perform the following
activities:

•	Gather information on control device operation and process
parameters;

•	Document control device operation and process parameter information;

Reassess and file control device/process parameter information;

•	Modify control device documentation, if necessary; and

•	Maintain documentation at the unit (required under §265.1035(e)).

Waste determination

40 CFR 265.1034(d)(2) requires owner/operators to document waste
determinations that are based on knowledge of the waste rather than
testing.

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §265.1034(d)(2), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis;

•	Document information on production processes, waste generation, and
specification analysis; and

•	Maintain documentation at the unit.

Facility operating record

Implementation schedule

Under 40 CFR 265.1035(b)(1), owner/operators of facilities that comply
with the provisions of §265.1033(a)(2) are required to put the
implementation schedule in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in
operation.  The schedule must also include a rationale of why the
installation cannot be completed at an earlier date.

(ii)	Respondent activities:

To comply with §265.1035(b)(1), respondents must perform the following
activities:

Prepare implementation schedule;

Reassess implementation schedule;

File and maintain implementation schedule; and

Modify implementation schedule, if necessary.

Up-to-date documentation of compliance with the process vent standards
in §265.1032

Under 40 CFR 265.1035(b)(2), owner/operators are required to record the
following information in the unit operating record to document
up-to-date compliance with §265.1032.

(i)	Data items:

The data items for this requirement include:

Information and data identifying all affected process vents, annual
throughput and operating hours of each affected unit, estimated emission
rates for each affected vent and for the overall unit, and the
approximate location within the unit of each affected unit; and

Information and data supporting determinations of vent emissions and
emission reductions achieved by add-on control devices based on
engineering calculations or source tests.

(ii)	Respondent activities:

To comply with §265.1035(b)(2), respondents must perform the following
activities:

Prepare documentation of compliance;

Reassess documentation of compliance;

File and maintain documentation of compliance; and

Modify documentation of compliance, if necessary.

Performance test plan

Under 40 CFR 265.1035(b)(3), owner/operators are required to put the
performance test plan in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	Where an owner or operator chooses to use test data to determine the
organic removal efficiency or total organic compound concentration
achieved by the control device, a performance test plan that includes
the following information:

--			A description of how it is determined that the planned test is
going to be conducted when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to
occur.  This shall include the estimated or design flow rate and organic
content of each vent stream and define the acceptable operating ranges
of key process and control device parameters during the test program;

--			A detailed engineering description of the closed-vent system and
control device, including:

-				Manufacturer’s name and model number of control device;

-				Type of control device;

-				Dimensions of the control device;

-				Capacity;

-				Construction materials; and

--			A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.

(ii)	Respondent activities:

To comply with §265.1035(b)(3), respondents must perform the following
activities:

Prepare performance test plan;

Reassess performance test plan;

File and maintain performance test plan; and

Modify performance test plan, if necessary.

Documentation of compliance with §265.1033

Under 40 CFR 265.1035(b)(4), owner/operators are required to record the
following information in the unit operating record to document
compliance with §265.1033.

(i)	Data items:

The data items for this requirement include:

A list of all information references and sources used in preparing the
documentation;

Records including the dates of each compliance test required by
§265.1033(j);

If engineering calculations are used, a design analysis, specifications,
drawings, schematics, and piping and instrumentation diagrams based on
the appropriate sections of “APTI Course 415:  Control of Gaseous
Emissions” or other engineering texts acceptable to the Regional
Administrator that present basic control device design information.
Documentation provided by the control device manufacturer or vendor that
describes the control device design in accordance with paragraphs
(b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;

A statement signed and dated by the owner/operator certifying that the
operating parameters used in the design analysis reasonably represent
the conditions that exist when the hazardous waste management unit is or
would be operating at the highest load or capacity level reasonably
expected to occur;

A statement signed and dated by the owner/operator certifying that the
control device is designed to operate at an efficiency of 95 percent or
greater unless the total organic concentration limit of §265.1032(a) is
achieved at an efficiency less than 95 percent or the total organic
emission limits of §265.1032(a) for affected process vents at the unit
can be attained by a control device involving vapor recovery at an
efficiency less than 95  weight percent.  A statement provided by the
control device manufacturer or vendor certifying that the control
equipment meets the design specifications may be used to comply with
this requirement; and

If performance tests are used to demonstrate compliance, all tests
results.

(ii)	Respondent activities:

To comply with §265.1035(b)(4), respondents must perform the following
activities:

Prepare documentation of compliance;

Reassess documentation of compliance;

File and maintain documentation of compliance; and

Modify documentation of compliance, if necessary.

Design, monitoring, operation, and inspection information

Under 40 CFR 265.1035(c), owner/operators are required to record the
following information in the unit operating record for each closed-vent
system and control device required to comply with §265.1033.

(i)	Data items:

The data items for this requirement include:

Description and date of each modification that is made to the
closed-vent system or control device design;

Identification of operating parameter, description of monitoring device,
and diagram of monitoring sensor location or locations used to comply
with §§ 265.1033(f)(1) and (f)(2);

Monitoring, operating and inspection information required by paragraphs
(f) through (k) of §265.1033;

Date, time, and duration of each period that occurs while the control
device is operating when any monitored parameter exceeds the value
established in the control device design analysis;

Explanation for each period recorded under paragraph (4) of the cause
for control device operating parameter exceeding the design value and
the measures implemented to correct the control device operation;

For a carbon adsorption system operated subject to requirements
specified in §§ 265.1033(g) or 265.1033(h)(2), date when existing
carbon in the control device is replaced with fresh carbon;

For a carbon adsorption system operated subject to requirements
specified in §265.1033(h)(1), a log recording the following
information:

--			Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading; and

--			Date existing carbon in control device is replaced with fresh
carbon;

Date of each control device start-up and shutdown;

Where an owner or operator designates any components of a closed-vent
system as unsafe to monitor pursuant to §265.1033(n), the owner or
operator must record in a log that is kept in the facility operating
record:  the identification of closed-vent system components that are
designated unsafe to monitor pursuant to §265.1033(n), an explanation
for each closed-vent system component stating why the closed-vent system
component is unsafe to monitor, and the plan for monitoring each
closed-vent system component; and

When each leak is detected as specified in §265.1033(k), record the
following information:

--			The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number;

--			The date the leak was detected and the date of first attempt to
repair the leak;

--			The date of successful repair of the leak;

--			Maximum instrument reading measured by Method 21 of 40 CFR part 60,
appendix A after it is successfully repaired or determined to be
nonrepairable; and

--			“Repair delayed” and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.

(ii)	Respondent activities:

To comply with §265.1035(c), respondents must perform the following
activities:

Prepare design, monitoring, operation, and inspection information;

Reassess design, monitoring, operation, and inspection information;

File and maintain design, monitoring, operation, and inspection
information; and

Modify design, monitoring, operation, and inspection information, if
necessary.

Determination of applicability of §265.1032

Under 40 CFR 265.1035(f), owner/operators are required to record the
following information in the unit operating record used to determine the
applicability of §265.1032 process vent standards.

(i)	Data item:

The data item for this requirement includes:

•	Up-to-date information and data used to determine whether or not a
process vent is subject to the requirements in §265.1032 including
supporting documentation as required by §265.1034(d)(2) when
application of the knowledge of the nature of the hazardous waste stream
or the process by which it was produced is used.

(ii)	Respondent activities:

To comply with §265.1035(f), respondents must perform the following
activities:

•	Prepare the determination of applicability;

•	Reassess the determination of applicability;

•	File and maintain the determination of applicability; and

•	Modify the determination of applicability, if necessary.

Permitted facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 264, Subpart AA is
expected to read the regulations.

Control device operation documentation

40 CFR 264.1033(j) requires owner/operators to prepare documentation
describing the operation of control devices different from those
specified in §264.1033(f), (g), and (h) and identifying process
parameters that indicate proper operation and maintenance of those
control devices.

(i)	Data items:

The data items for this determination include:

•	Information describing the control device operation; and

•	Information on the process parameter or parameters that will be used
to indicate proper operation and maintenance of the control device.

(ii)	Respondent activities:

To comply with §264.1033(j), respondents must perform the following
activities:

•	Gather information on control device operation and process
parameters;

•	Document control device operation and process parameter information;

•	Reassess control device operation documentation;

•	Modify control device operation documentation, if necessary; and

•	Maintain documentation at the unit (required under §264.1035(e)).

Waste determination

40 CFR 264.1034(d)(2) requires owner/operators to document waste
determinations that are based on knowledge of the waste rather than
testing.

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §264.1034(d)(2), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis;

•	Document information on production processes, waste generation, and
specification analysis; and

•	Maintain documentation at the unit.

Facility operating record

Implementation schedule

Under 40 CFR 264.1035(b)(1), owner/operators of facilities that comply
with the provisions of §264.1033(a)(2) are required to record the
following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	An implementation schedule that includes dates by which the
closed-vent system and control device will be installed and in
operation.  The schedule must also include a rationale of why the
installation cannot be completed at an earlier date;

(ii)	Respondent activities:

To comply with §264.1035(b)(1), respondents must perform the following
activities:

•	Prepare the implementation schedule;

•	Reassess the implementation schedule;

•	File and maintain the implementation schedule; and

•	Modify the implementation schedule, if necessary.

Up-to-date documentation of compliance with the process vent standards
in §264.1032

Under 40 CFR 264.1035(b)(2), owner/operators are required to record the
following information in the unit operating record to document
up-to-date compliance with §264.1032.

(i)	Data items:

The data items for this requirement include:

Information and data identifying all affected process vents, annual
throughput and operating hours of each affected unit, estimated emission
rates for each affected vent and for the overall unit, and the
approximate location within the unit of each affected unit; and

Information and data supporting determinations of vent emissions and
emission reductions achieved by add-on control devices based on
engineering calculations or source tests.

(ii)	Respondent activities:

To comply with §264.1035(b)(2), respondents must perform the following
activities:

•	Prepare documentation of compliance;

•	Reassess documentation of compliance;

•	File and maintain documentation of compliance; and

•	Modify documentation of compliance, if necessary.

Performance test plan

Under 40 CFR 264.1035(b)(3), owners/operators that choose to use test
data to determine the organic removal efficiency or total organic
compound concentration achieved by the control device are required to
record the following information in the unit operating record.

(i)	Data item:

The data item for this requirement includes:

•	A performance test plan that includes the following information:

--			A description of how it is determined that the planned test is
going to be conducted when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to
occur.  This shall include the estimated or design flow rate and organic
content of each vent stream and define the acceptable operating ranges
of key process and control device parameters during the test program;

--			A detailed engineering description of the closed-vent system and
control device, including:

-				Manufacturer’s name and model number of control device;

-				Type of control device;

-				Dimensions of the control device;

-				Capacity;

-				Construction materials; and

--			A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.

(ii)	Respondent activities:

To comply with §264.1035(b)(3), respondents must perform the following
activities:

•	Prepare performance test plan;

•	Reassess performance test plan;

•	File and maintain performance test plan; and

•	Modify performance test plan, if necessary.

Documentation of compliance with §264.1033

Under 40 CFR 264.1035(b)(4), owner/operators are required to record the
following information in the unit operating record to document
compliance with §264.1033.

(i)	Data items:

The data items for this requirement include:

A list of all information references and sources used in preparing the
documentation;

Records including the dates of each compliance test required by
§264.1033(k);

If engineering calculations are used, a design analysis, specifications,
drawings, schematics, and piping and instrumentation diagrams based on
the appropriate sections of “APTI Course 415:  Control of Gaseous
Emissions” or other engineering texts acceptable to the Regional
Administrator that present basic control device design information.
Documentation provided by the control device manufacturer or vendor that
describes the control device design in accordance with paragraphs
(b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;

A statement signed and dated by the owner/operator certifying that the
operating parameters used in the design analysis reasonably represent
the conditions that exist when the hazardous waste management unit is or
would be operating at the highest load or capacity level reasonably
expected to occur;

A statement signed and dated by the owner/operator certifying that the
control device is designed to operate at an efficiency of 95 percent or
greater unless the total organic concentration limit of §264.1032(a) is
achieved at an efficiency less than 95 percent or the total organic
emission limits of §264.1032(a) for affected process vents at the unit
can be attained by a control device involving vapor recovery at an
efficiency less than 95  weight percent.  A statement provided by the
control device manufacturer or vendor certifying that the control
equipment meets the design specifications may be used to comply with
this requirement; and

If performance tests are used to demonstrate compliance, all test
results.

(ii)	Respondent activities:

To comply with §264.1035(b)(4), respondents must perform the following
activities:

•	Prepare documentation of compliance;

•	Reassess documentation of compliance;

•	File and maintain documentation of compliance; and

•	Modify documentation of compliance, if necessary.

Design, monitoring, operation, and inspection information

Under 40 CFR 264.1035(c), owner/operators are required to record the
following information in the unit operating record for each closed-vent
system and control device required to comply with §264.1033.

(i)	Data items:

Data items for this requirement include:

Description and date of each modification that is made to the
closed-vent system or control device design;

Identification of operating parameter, description of monitoring device,
and diagram of monitoring sensor location or locations used to comply
with §§ 264.1033(f)(1) and (f)(2);

Monitoring, operating and inspection information required by paragraphs
(f) through (k) of §264.1033;

Date, time, and duration of each period that occurs while the control
device is operating when any monitored parameter exceeds the value
established in the control device design analysis;

Explanation for each period recorded under paragraph (4) of the cause
for control device operating parameter exceeding the design value and
the measures implemented to correct the control device operation;

For a carbon adsorption system operated subject to requirements
specified in §§ 264.1033(g) or 264.1033(h)(2), date when existing
carbon in the control device is replaced with fresh carbon;

For a carbon adsorption system operated subject to requirements
specified in §264.1033(h)(1), a log recording the following
information:

--			Date and time when control device is monitored for carbon
breakthrough and the monitoring device reading; and

--			Date existing carbon in control device is replaced with fresh
carbon;

Date of each control device startup and shutdown;

Where an owner or operator designates any components of a closed-vent
system as unsafe to monitor pursuant to §264.1033(o), the owner or
operator must record in a log that is kept in the facility operating
record:  the identification of closed-vent system components that are
designated unsafe to monitor pursuant to §265.1033(o), an explanation
for each closed-vent system component stating why the closed-vent system
component is unsafe to monitor, and the plan for monitoring each
closed-vent system component; and

When each leak is detected as specified in §264.1033(l), record the
following information:

--			The instrument identification number, the closed-vent system
component identification number, and the operator name, initials, or
identification number;

--			The date the leak was detected and the date of first attempt to
repair the leak;

--			The date of successful repair of the leak;

--			Maximum instrument reading measured by Method 21 of 40 CFR part 60,
appendix A after it is successfully repaired or determined to be
nonrepairable; and

--			“Repair delayed” and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.

(ii)	Respondent activities:

To comply with §264.1035(c), respondents must perform the following
activities:

•	Prepare design, monitoring, operation, and inspection information;

•	Reassess design, monitoring, operation, and inspection information;

•	File and maintain design, monitoring, operation, and inspection
information; and

•	Modify design, monitoring, operation, and inspection information, if
necessary.

Determination of applicability of §264.1032

Under 40 CFR 264.1035(f), owner/operators are required to record the
following information in the unit operating record used to determine the
applicability of §264.1032 process vent standards.

(i)	Data item:

The data item for this requirement includes:

•	Up-to-date information and data used to determine whether or not a
process vent is subject to the requirements in §264.1032 including
supporting documentation as required by §264.1034(d)(2) when
application of the knowledge of the nature of the hazardous waste stream
or the process by which it was produced is used.

(ii)	Respondent activities:

To comply with §264.1035(f), respondents must perform the following
activities:

•	Prepare determination of applicability;

•	File and maintain determination of applicability;

•	Reassess determination of applicability; and

•	Modify determination of applicability, if necessary.

Semiannual report of control device monitoring events

40 CFR 264.1036 requires owner/operators with control devices that have
exceeded or operated outside of the design specifications as defined in
§264.1035(c)(4) for more than 24 hours or flares that have operated
with visible emissions as defined in §264.1033(d) to submit a
semiannual report to the Regional Administrator.  The report must
contain the following information:

•	The EPA identification number, name, and address of the unit;

•	Dates when the control device exceeded or operated outside of the
design specifications as indicated by the control device monitoring
required by §264.1033(f) which were not corrected within 24 hours;

•	Dates when a flare operated with visible emissions as defined in
§264.1033(d) and as determined by Method 22 monitoring;

•	The duration and cause of each control device exceedance or visible
emissions; and

•	Corrective measures taken for each control device exceedance or
visible emissions.

(i)	Data item:

The data item for this requirement includes:

 A semiannual report.

(ii)	Respondent activities:

To comply with §264.1036, respondents must perform the following
activities:

•	Prepare the semiannual report; and

•	Submit the semiannual report to the Regional Administrator.

EQUIPMENT LEAKS

Interim status facilities:

Regulations

Each owner/operator regulated under 40 CFR Part 265, Subpart BB is
expected to read the regulations.

Notification to implement the alternate valve standard specified in
§265.1061(a)

40 CFR 265.1061(b)(1) requires owners or operators that have decided to
implement the alternative standard for valves specified in §265.1061(a)
to notify the Regional Administrator.

(i)	Data items:

No specific data items are to be included in this notification.

(ii)	Respondent activities:

To comply with §265.1061(b)(1), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Notification to discontinue implementing the alternative valve standard
specified in §265.1061(a)

40 CFR 265.1061(d) requires owners or operators that no longer wish to
implement the alternative standard for valves specified in §265.1061(a)
to notify the Regional Administrator.

(i)	Data items:

No specific data items are to be included in this notification.

(ii)	Respondent activities:

To comply with §265.1061(d), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Notification to implement the alternative valve standard specified in
§§ 265.1062(b)(2), or 265.1062(b)(3)

40 CFR 265.1062(a)(2) requires owners or operators that have decided to
implement the alternative standard for valves specified in
§§ 265.1062(b)(2), or 265.1062(b)(3) to notify the Regional
Administrator.

(i)	Data items:

No specific data items are to be included in this notification.

(ii)	Respondent activities:

To comply with §265.1062(a)(2), respondents must perform the following
activities:

•	Prepare notification; and

•	Submit notification to the Regional Administrator.

Non-hazardous waste documentation

40 CFR 265.1063(d)(3) requires owners or operators that determining that
each piece of equipment does or does not contain hazardous waste with
organic concentration that equals or exceeds 10 percent waste to
document the determination if it was based on knowledge rather than
testing.

(i)	Data items:

Data items required for documenting waste determinations are not
specified, but may include the following:

•	Production process information documenting that no organic compounds
are used;

•	Waste generation information documenting that the waste is generated
by a process identical to a process at the same or another unit that has
previously been demonstrated by direct measurement to generate a waste
stream having a total organic content less than 10 ppmw; and

•	Prior specification analysis results on the same waste stream where
it can be documented that no process changes have occurred since the
specification analysis was conducted that could affect the waste total
organic concentration.

(ii)	Respondent activities:

To comply with §265.1063(d)(3), respondents must perform the following
activities:

•	Gather information on production processes, waste generation, and
specification analysis;

•	Document information on production processes, waste generation, and
specification analysis; and

•	Maintain documentation at the unit.

Facility operating record

Equipment record

Under 40 CFR 265.1064(b)(1), owner/operators are required to record the
following information in the unit operating record for each piece of
equipment to which Subpart BB applies.

(i)	Data items:

Data items for this requirement include:

Equipment identification number and hazardous waste management unit
identification;

Approximate locations within the unit;

Type of equipment;

Percent-by-weight total organics in the hazardous waste stream at the
equipment;

Hazardous waste state at the equipment; and

Method of compliance with the standard.

(ii)	Respondent activities:

To comply with §265.1064(b)(1), respondents must perform the following
activities:

Prepare equipment record;

Reassess equipment record;

File and maintain equipment record; and

Modify equipment record, if necessary.

Implementation schedule

Under 40 CFR 265.1064(b)(2), owner/operators of facilities that comply
with the provisions of §265.1033(a)(2) are required to record the