**SUPPORTING STATEMENT FOR**

**EPA INFORMATION COLLECTION REQUEST #1361.10**

**\"INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL**

**FURNACES: GENERAL HAZARDOUS WASTE FACILITY STANDARDS, SPECIFIC UNIT
REQUIREMENTS, AND PART B PERMIT**

**APPLICATION AND MODIFICATION REQUIREMENTS\"**

**October 2005**

[1. IDENTIFICATION OF THE INFORMATION COLLECTION
1](#identification-of-the-information-collection)

[1(a) TITLE OF THE INFORMATION COLLECTION
1](#a-title-of-the-information-collection)

[1(b) SHORT CHARACTERIZATION/ABSTRACT
1](#b-short-characterizationabstract)

[2. NEED FOR AND USE OF THE COLLECTION
10](#need-for-and-use-of-the-collection)

[2(a) NEED/AUTHORITY FOR THE COLLECTION
10](#a-needauthority-for-the-collection)

[2(b) PRACTICAL UTILITY/USERS OF THE DATA
19](#b-practical-utilityusers-of-the-data)

[3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
24](#nonduplication-consultations-and-other-collection-criteria)

[3(a) NONDUPLICATION 24](#a-nonduplication)

[3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB
24](#b-public-notice-required-prior-to-icr-submission-to-omb)

[3(c) CONSULTATIONS 24](#c-consultations)

[3(d) EFFECTS OF LESS FREQUENT COLLECTION
24](#d-effects-of-less-frequent-collection)

[3(e) GENERAL GUIDELINES 24](#e-general-guidelines)

[3(f) CONFIDENTIALITY 25](#f-confidentiality)

[3(g) SENSITIVE QUESTIONS 25](#g-sensitive-questions)

[4. THE RESPONDENTS AND THE INFORMATION REQUESTED
26](#the-respondents-and-the-information-requested)

[4(a) RESPONDENTS SIC/NAICS CODES 26](#a-respondents-sicnaics-codes)

[4(b) INFORMATION REQUESTED 27](#b-information-requested)

[5. THE INFORMATION COLLECTED \-- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT
114](#information-collected----agency-activities-collection-methodology-and-information-management)

[5(a) AGENCY ACTIVITIES 114](#a-agency-activities)

[5(b) COLLECTION METHODOLOGY AND MANAGEMENT
122](#b-collection-methodology-and-management)

[5(c) SMALL ENTITY FLEXIBILITY 123](#c-small-entity-flexibility)

[5(d) COLLECTION SCHEDULE 123](#d-collection-schedule)

[6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION
131](#estimating-the-burden-and-cost-of-the-collection)

[6(a) ESTIMATING RESPONDENT BURDEN 131](#a-estimating-respondent-burden)

[6(b) ESTIMATING RESPONDENT COSTS 131](#b-estimating-respondent-costs)

[6(c) ESTIMATING AGENCY BURDEN AND COST
132](#c-estimating-agency-burden-and-cost)

[6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS
132](#d-estimating-the-respondent-universe-and-total-burden-and-costs)

[6(e) BOTTOM LINE BURNDE HOURS AND COST TABLES Error! Bookmark not
defined.](#__RefHeading___Toc116104400)

[6(f) REASONS FOR CHANGE IN BURDEN 155](#f-reasons-for-change-in-burden)

[6(g) BURDEN STATEMENT 155](#g-burden-statement)

# ![](media/image1.wmf){width="3.8340277777777776in" height="8.335416666666667in"}

# 1. IDENTIFICATION OF THE INFORMATION COLLECTION

## 1(a) TITLE OF THE INFORMATION COLLECTION

This ICR is entitled \"Information Requirements for Boilers and
Industrial Furnaces: General Hazardous Waste Facility Standards,
Specific Unit Requirements, and Part B Permit Application and
Modification Requirements,\" EPA ICR #1361.10.

## 1(b) SHORT CHARACTERIZATION/ABSTRACT 

Section 3004 of the Resource Conservation and Recovery Act (RCRA), as
amended, requires that the U.S. Environmental Protection Agency (EPA)
develop standards for hazardous waste treatment, storage and disposal
facilities (TSDFs) as may be necessary to protect human health and the
environment. Subsections 3004(a)(1), (3), (4), (5) and (6) specify that
these standards include, but not be limited to, the following
requirements:

\(1\) Maintaining records of all hazardous wastes identified or listed
under Subtitle C that are treated, stored, or disposed of, and the
manner in which such wastes were treated, stored, or disposed of;

\(3\) Operating methods, techniques, and practices for treatment,
storage, or disposal of hazardous waste;

\(4\) Location, design, and construction of such hazardous waste
treatment, disposal, or storage facilities;

\(5\) Contingency plans for effective action to minimize unanticipated
damage from any treatment, storage, or disposal of any such hazardous
waste; and

\(6\) Maintaining or operating such facilities and requiring such
additional qualifications as to ownership, continuity of operation,
training for personnel, and financial responsibility as may be necessary
or desirable.

The regulations implementing these requirements are codified in the
[Code of Federal Regulations]{.underline} ([CFR]{.underline}) Title 40,
Parts 264 and 265. In addition, section 3005 requires EPA to promulgate
regulations requiring TSDFs to obtain a permit. In the event permit
modifications are proposed by an applicant or EPA, modifications must
conform to the requirements under sections 3004 and 3005. The
regulations implementing these requirements are codified at 40
[CFR]{.underline} Parts 264 and 270.

On February 21, 1991 and August 25, 1992, EPA promulgated regulations at
40 [CFR]{.underline} Parts 260, 261, 264, 265, 266, and 270 covering
boilers and industrial furnaces (BIFs) burning hazardous waste. 40
[CFR]{.underline} Part 266, Subpart H establishes standards for the
burning of hazardous waste in BIFs. 40 [CFR]{.underline} 270.22
establishes Part B application information requirements for BIFs burning
hazardous waste, and section 270.66 establishes permit requirements for
BIFs. Owners and operators of BIF facilities must comply with these
regulations in addition to those regulations applicable to all hazardous
waste facilities, as mentioned above.

On September 30, 1999, EPA amended the above regulations with the
following provisions:

1.  Comparable fuel specification: Under 40 [CFR]{.underline} 261.38,
    wastes that meet the comparable fuel specification can be excluded
    from the definition of solid waste. Generators claiming the
    exclusion must demonstrate that the waste meets the specification by
    submitting a one-time notice. The notice must claim the exclusion,
    and demonstrate the development and implementation of a waste
    sampling and analysis plan that supports the comparable fuel
    specification.

2.  Lead recovery furnace exemption: Under 40 [CFR]{.underline}
    266.100(h), lead recovery furnaces that process hazardous waste for
    the recovery of lead and that are subject to Secondary Lead Smelting
    National Emissions Standards for Hazardous Air Pollutants
    Regulations, may apply for a conditional exemption from 40
    [CFR]{.underline} Part 266 regulations. To claim the exemption, the
    facility owner or operator must submit a one-time notice identifying
    each hazardous waste burned and demonstrating that the waste burned
    has a total concentration of organic compounds (Listed in 40
    [CFR]{.underline} Part 261, Appendix VIII) of less than 500 ppm by
    weight.

3.  Regulation of residues: Under 40 [CFR]{.underline} 266.112(b)(2)(i),
    in complying with section 268.43 F039 nonwastewater levels for
    polychlorinated dibenzodioxins and polychlorinated dibenzo-furans,
    analyses must be performed for total hexachlorodibenzodioxins, total
    hexachlorodibenzofurans, total pentachlorodibenzodioxins, total
    pentachlorodibenzofurans, total tetrachlorodibenzodioxins, and total
    tetrachlorodibenzofurans.

On October 12, 2005 (70 [FR]{.underline} 59402), EPA again amended the
above regulations and promulgated more stringent emission standards for
an expanded list of pollutants under the authority of Clean Air Act. 
The BIFs will now have to control their emissions by installing  maximum
achievable control technology (MACT) devices.  These new provisions have
been codified in 40 CFR part 63, subpart EEE, and the information
collection burden thereof has been approved in EPA ICR \# 1773.08 (OMB
control \# 2050-0171).   Since the newly promulgated CAA standards are
broader and more stringent than the RCRA standards, most of the BIFs
would conduct trial burns and other CAA mandated monitoring and testing
activities; and thus obviate RCRA requirements.  See revised 40 CFR
parts 270.22, 270.66, and 270.235.  The BIFs, however, will still
conduct site specific risk assessment, when needed, to ensure that the
BIF is protective of human health and the environment as required by
RCRA.

This ICR describes the following RCRA requirements as applicable to
owners and operators of BIFs:

4.  Comparable/Syngas Fuel Specification;

5.  General Facility Standards Applicable to BIFs;

6.  Specific Unit Requirements for BIFs; and

7.  Part B permit application and Permit Modification Requirements for
    BIFs.

The remainder of this section provides a brief summary of the
information collection requirements described in this ICR.

***COMPARABLE/SYNGAS FUEL SPECIFICATION***

Under 40 [CFR]{.underline} 261.38, wastes that meet the comparable fuel
specification can be excluded from the definition of solid waste.
Generators claiming the exclusion must demonstrate that the waste meets
the specification by submitting a one-time notice. The notice must claim
the exclusion, and demonstrate the development and implementation of a
waste sampling and analysis plan that supports the comparable fuel
specification.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs***

Owners and operators of BIFs burning hazardous waste are subject to
general facility standards applicable to all TSDFs. The information
collection requirements associated with these standards are described
below.

**General Facility Operating Requirements**

EPA promulgated the general facility standards in 40 [CFR]{.underline}
Parts 264 and 265, Subpart B. In order to comply with these regulations,
owners or operators of TSDFs must collect, record, and in some cases
report, data to EPA. Information collection requirements associated with
the general facility standards regulations include:

8.  Foreign Shipment Import Report (§264.12(a) and §265.12(a));

9.  Notice of Appropriate Permits (§264.12(b));

10. Notice of Part 264 or 265 and Part 270 Requirements (§264.12(c) and
    §265.12(b));

11. Waste Analysis (§264.13(a)(1), §265.13(a)(1), §266.102(b) and (e),
    and §266.103(b) and

(c));

12. Waste Analysis Plan (§264.13(b) and §265.13(b));

13. Inspection Schedule (§264.15(d) and §265.15(d));

14. Personnel Training (§264.16(d) and §265.16(d)); and

15. Documentation of Compliance for Ignitable, Reactive, or Incompatible
    Wastes

(§264.17(c)).

EPA uses the general facility information to determine whether
facilities are operating in a manner that is protective of human health
and the environment.

**Recordkeeping Requirements**

In 40 [CFR]{.underline} 264.73 and 265.73, EPA promulgated regulations
directing owners or operators of hazardous waste TSDFs to keep written
operating records at their facilities. Since the operating record is not
submitted to EPA but must be available for inspection, maintaining an
operating record is a recordkeeping activity. The operating record
contains information regarding general operating practices conducted at
the facility. Other recordkeeping requirements under 40
[CFR]{.underline} Parts 264 and 265, Subpart E, include maintaining
copies of records of waste disposal locations and quantities
(§§264.74(c) and 265.74(c)). In addition, 40 [CFR]{.underline} 264.37(b)
requires facilities to document in the operating record any refusal of
State or local authorities to enter into arrangements for emergency
situations. Information collected pursuant to these regulations is used
by EPA and the owner or operator to assure safe operation of the
facility.

**Contingency Plan and Emergency Procedures**

Contingency plan and emergency procedure regulations promulgated in 40
[CFR]{.underline} 264.51 through 264.54 and 264.56, and 265.51 through
265.54 and 265.56, require permitted and interim status facilities to
prepare and maintain contingency plans and comply with emergency
reporting and recordkeeping requirements. The contingency plan describes
the actions facility personnel will take should a fire, explosion, or
any unplanned sudden or non-sudden release of hazardous waste
constituents to air, soil, or surface water occur. Local emergency
response teams use the information required in the contingency plan to
minimize unanticipated damage from the treatment, storage, or disposal
of hazardous waste. The contingency plan also enables EPA to assess the
effectiveness of facility responses to incidents that may threaten human
health or the environment.

Other emergency reporting and recordkeeping requirements under 40
[CFR]{.underline} Parts 264 and 265, Subpart D, include notifying State
and local authorities of an imminent or actual emergency situation
(264.56(a)(2) and 265.56(a)(2)), and notifying local authorities of the
need to evacuate local areas (264.56(d)(1) and 265.56(d)(1)). If a
release, fire, or explosion occurs, the owner or operator must notify
the on-scene coordinator or the National Response Center (264.56(d)(2)
and 265.56(d)(2)). Owners and operators also must notify the Regional
Administrator that a facility is in compliance with specific regulations
before operations resume in any area affected by an emergency situation
(§§264.56(i) and 265.56(i)), and submit a report to the Regional
Administrator containing details of any emergency situation that
requires implementation of the contingency plan (§§264.56(j) and
265.56(j)).

**Closure Requirements**

In 40 [CFR]{.underline} Parts 264 and 265, Subpart G, EPA promulgated
regulations requiring owners or operators to provide for the proper
closure of hazardous waste management (HWM) facilities. Under 40
[CFR]{.underline} 264.112 and 265.112, owners or operators are required
to maintain closure plans until closure of the facility, notify EPA and
amend the closure plan when appropriate, and submit these plans to EPA
when necessary. Other closure requirements under Subpart G of Part 264
and 265 applicable to BIFs include requiring owners or operators to:

1.  Demonstrate that they can comply with specific regulations if
    requesting an extension for treatment, storage, or removal of
    hazardous waste (§§264.113(a) and 265.113(a));

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1.  Demonstrate that they can comply with specific regulations if
    requesting an extension for completing closure activities under an
    approved closure plan (§§264.113(b) and 265.113(b));

2.  Demonstrate that they can comply with specific regulations if
    requesting an allowance to receive non-hazardous waste after the
    final receipt of hazardous waste (§§264.113(d) and 265.113(d));

3.  Certify that a facility has been closed in accordance with the
    approved closure plan (§§264.115, 265.115);

4.  Submit a certified survey plat (§§264.116 and 265.116);

5.  Submit a record of the type, location, and quantity of hazardous
    wastes disposed of at the facility, record a notation on the
    property deed according to the requirements in §§264.119(b)(1) and
    265.119(b)(1), and submit certification of this notation.

EPA uses closure plans to ensure that hazardous waste management
facilities close in accordance with the Congressional mandate of
protecting human health and the environment. EPA reviews closure
certifications to determine whether closure took place in accordance
with the approved closure plan and EPA, local authorities, and potential
purchasers of a closed facility review closure notices to ensure that
future uses of the site will not lead to a release of hazardous waste.
\[Post-closure requirements are not applicable to BIF units, as
post-closure is required only for land-based units.\]

**Financial Requirements**

In 40 [CFR]{.underline} Parts 264 and 265, Subpart H, EPA promulgated
regulations requiring owners or operators to establish financial
assurance mechanisms for closure care, and liability for third-party
bodily injury or property damage, and to provide EPA with evidence of
such established financial mechanisms. Owners or operators are also
required by Subpart H to provide initial cost estimates and subsequent
updates of those estimates for closure care. EPA uses these financial
assurance requirements to ensure, in the case of closure care, that
hazardous waste management facilities have the financial means to
conduct closure care, and in the case of liability requirements, that
human health and the environment are protected in the event of
accidental release of hazardous constituents from the facility.
\[Financial requirements pertaining to post-closure care are not
applicable to BIF units, as post-closure is required only for land-based
units.\]

**Conditions Applicable to All Permits**

40 [CFR]{.underline} Part 270, Subpart C specifies conditions applicable
to all RCRA permits. 40 [CFR]{.underline} 270.30(h) requires owners and
operators of permitted facilities to furnish any relevant information
requested by EPA to determine whether cause exists for modifying,
revoking and reissuing, or terminating a permit, or to determine
compliance with the permit. In addition, section 270.30(l) specifies the
following reporting requirements, which are applicable to all permitted
facilities:

1.  Notice of planned physical alternations or additions
    (§270.30(l)(1));

2.  Notice of planned changes or activities which may result in
    noncompliance (§270.30(l)(2));

3.  Letter certifying that the facility has been constructed or modified
    in compliance with the permit (§270.30(l)(2)(i));

4.  Monitoring reports (§270.30(l)(4));

5.  Reports of compliance or noncompliance with compliance schedule
    (§270.30(l)(5));

6.  Information concerning a release that may threaten drinking water
    (§270.30(l)(6)(i)(A));

7.  Information concerning a release, fire, or explosion that could
    threaten human health or the environment outside of the facility
    (§270.30(l)(6)(i)(B));

8.  Notice of noncompliance due to a release, fire, or explosion
    (§270.30(l)(6)(iii));

9.  Report of other noncompliance (§270.30(l)(10)); and

10. Submittal of originally omitted or corrected information
    (§270.30(l)(11)).

***SPECIFIC UNIT REQUIREMENTS FOR BIFs***

Owners and operators of BIFs burning hazardous waste are subject to
specific unit requirements described in 40 [CFR]{.underline} Part 266,
Subpart H. The information collection requirements associated with these
standards are described below.

**Exemptions from the BIF Regulations**

Sections 266.100 and 266.108 allow owners and operators of certain BIF
units to be granted an exemption from the BIF regulations. Section
266.100 provides owners and operators of certain furnaces engaging in
metal recovery, smelting, melting, and refining with the opportunity to
receive an exemption by submitting a notice of exemption status and
maintaining records documenting compliance until closure of the
facility. Section 266.108 exempts small quantity on-site BIF units from
regulation if the owner or operator submits a notification of
qualification for exemption and maintains records documenting
compliance. At a minuymum records must be kept that indicate a) the
quantity of hazardous wastes and other fuel burned in each calendar
month, and b0 the heating value of the hazardous waste.

**Permit Standards**

In 40 [CFR]{.underline} 266.102, EPA promulgated regulations applicable
to permitted BIFs burning hazardous waste, section 266.102(e)(8) and
Appendix IX, sections 2 and 3 contain testing, reporting, and
recordkeeping requirements covering monitoring and inspections of
equipment, waste, and emissions. Facilities with permitted BIF units are
required to comply with standards that control the following emissions:

1.  Organic emissions limiting CO emissions, and in some cases, HC
    emissions to specified levels and demonstrating compliance with a
    DRE Standard (§266.104;

2.  Particulate matter emissions by limiting PM emissions to the
    specified level (§266.105);

3.  Metals emissions by complying with specified Tier I feed rate
    screening limits, Tier II emission rate screening limits, Tier III
    site-specific risk assessments, adjusted Tier I feed rate screening
    limits, or an alternative implementation approach (§266.106); and

4.  HCl and Cl~2~ gas emissions by complying with Tier I feed rate
    screening limits, Tier II emission rate screening limits, Tier III
    site-specific risk assessments, or adjusted Tier I feed rate
    screening limits (§266.107).

Section 266.102(e)(10) requires owners and operators to maintain all
information and data recorded until closure of the facility.
\[Information that must be submitted in the Part B permit application is
covered in the Part B information requirements section of this ICR.\]

**Interim Status Standards**

In 40 [CFR]{.underline} 266.103, EPA promulgated interim status
standards for BIFs burning hazardous waste. Interim status standards
apply to BIFs that were "existing sources" as defined in Section
266.130(a) (2) and have not received a determination of the Part B
permit application. Section 266.103(a)(5) requires owners and operators
of industrial furnaces that feed hazardous waste for a purpose other
than solely as an ingredient at any location other than the hot end to
determine that adequate oxygen is present in combustion gases and to
retain documentation until closure of the facility. Section
266.103(a)(5)(ii)(A) specifies restrictions on burning hazardous waste
with nonmetal compounds listed in 40 [CFR]{.underline} Part 261,
appendix VIII, and requires owners and operators to retain documentation
until closure of the facility that shows that impermissible blending has
not occurred. Sections 266.103(a)(5)(ii)(B) and 266.103(a)(6) specify
restrictions on burning hazardous waste with a low heating value and
blending waste to achieve the prescribed heating value, and require
owners and operators to retain documentation until closure of the
facility that shows that impermissible blending has not occurred.

Section 266.103(b) and Appendix IX, sections 9.4 and 10.6 contain
requirements covering testing, the setting of limits on operating
conditions, and submittal of materials for the certification of
precompliance. This certification must substantiate the claim that
emissions are not likely to exceed the limits provided by sections
266.105 through 266.107. Because the submittal date for the
certification of precompliance has passed, EPA does not expect any
facilities to comply with these requirements for the duration of this
ICR.

Section 266.103(c) contains regulations covering compliance testing,
demonstrations, notifications, and the submittal of materials for the
certification of compliance. This certification documents compliance
with the emissions standards of sections 266.104 through 266.107.
Section 266.103(d) requires owners and operators to conduct compliance
testing and submit a recertification of compliance every three years.
Because the submittal date for the certification of compliance has
passed, EPA does not expect any facilities to comply with these
requirements for the duration of this ICR.

Section 266.103(w) stipulates requirements for periodic
recertifications, and Section 266.130(e) describes actions required in
the case of non compliance.

Section 266.103(g) specifies recordkeeping requirements for the
automatic hazardous waste feed cutoff system.

Section 266.103(h) provides owners and operators with the opportunity to
use an alternative means of fugitive emissions control by keeping
records supporting a demonstration of effectiveness.

1.  Section 266.103(j) and Appendix IX, sections 2 and 3 contain
    testing, reporting, and recordkeeping requirements covering
    monitoring and inspections of equipment, waste, and emissions.

Section 266.103(k) requires owners and operators to maintain all
information and data recorded until closure of the facility.

**Standards to Control Organic Emissions**

Section 266.104(a)(2) provides for an alternative designation of a POHC
if the owner or operator prepares and submits a demonstration and
receives Agency approval. \[Information that must be submitted to
demonstrate compliance with standards to control organic emissions, as
specified in §266.104, is submitted in monitoring and inspection
reports, as required by §266.102(e)(8), §266.103(j), and Appendix IX,
sections 2 and 3; in the certification of compliance, as required by
§266.103(c) and (d); and as part of the trial burn results, as required
by §270.66(d) and (f) and §270.66(g).\]

**Standards to Control Metals Emissions**

Section 266.106(f) provides for an approach for implementing the Tier II
or Tier III metals emissions limits alternative to monitoring the feed
rate of metals in each feedstream, if the owner or operator applies for
such an allowance and receives Agency approval. \[Information that must
be submitted to demonstrate compliance with standards to control metal
emissions, as specified in §266.106, is submitted in monitoring and
inspection reports, as required by §266.102(e)(8), §266.103(j), and
Appendix IX, sections 2 and 3; in the certification of precompliance, as
required by §266.103(b); in the certification of compliance, as required
by §266.103(c) and (d); and as part of the trial burn results, as
required by §270.66(d) and (f) and §270.66(g).\]

**Direct Transfer Requirements**

Section 266.111 applies to owners and operators of permitted and interim
status BIFs who directly transfer hazardous waste from a transport
vehicle to a BIF unit without the use of a storage unit. This section
includes requirements to obtain and keep on file a written certification
and assessment (§266.111(d)(2) and §266.111(e)(2), respectively), and
requirements to conduct inspections and record and maintain data until
closure of the facility (§266.111(e)(3)). \[Some owners and operators of
BIFs will submit this information with the Part B application, under
§270.22(e). These facilities are covered in the Part B application
section of this ICR\].

**Regulation of Residues**

Section 266.112 states that residue derived from the burning or
processing of hazardous waste in certain BIFs will be exempt from being
classified as hazardous waste if the owner or operator can demonstrate
that the burning of the hazardous waste does not significantly affect
the character of the residue (§266.112(b)). \[Some owners and operators
of BIFs will submit this information with the Part B application, under
§270.22(f). These facilities are covered in the Part B application
section of this ICR\].

***PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR
BIFs***

Owners and operators of BIFs burning hazardous waste are subject to the
general permit application information requirements set forth in
sections 270.1 through 270.14, except for those relating to land
disposal facilities. In addition, owners and operators of BIFs are
subject to the Part B information requirements specifically applicable
to BIFs, which are set forth in sections 270.22 and 270.66.

**General Part B Information Requirements for BIFs**

Part B of the permit application consists of the general and specific
information requirements contained in sections 270.14 through 270.29.
These Part B information requirements reflect the standards promulgated
in 40 [CFR]{.underline} Part 264. Under section 270.14(a), owners and
operators who can demonstrate that the information prescribed in Part B
cannot be provided to the extent required may receive case-by-case
allowances from EPA.

General information requirements are outlined in section 270.14.
Sections 270.14(b)(1)-(14) require owners and operators to provide
information on compliance with general facility standards. Financial
assurance,post closure costs, and insurance information is required
under sections 270.14(b)(15)-(18). Section 270.14(b)(19) requires owner
and operators to submit a topographical map. Some owners and operators
may also be required to submit a schedule of compliance leading to
compliance with RCRA regulations as part of their application. The
requirements for schedules of compliance are contained in section
270.33.

**Specific Part B Information Requirements for BIFs**

**Fugitive Emissions**

Section 266.102(e)(7)(i)(C) allows owners and operators of BIFs to use
an alternative means of fugitive emissions control if he or she
demonstrates in the Part B permit application that the alternative
method provides control equivalent to maintaining the combustion zone
pressure at a lower level than atmospheric pressure.

**Requirements Relating to the Pre-Trial Burn, Trial Burn, and
Post-Trial Burn Periods**

Section 270.66(b) contains requirements applicable to permit operating
periods for new BIFs. Section 270.66(c) contains information
requirements for the trial burn plan. Section 270.66(d) and 270.22
specify trial burn procedures and requirements covering reporting of
data and submission of a certification. Section 270.66(f) requires
owners and operators to prepare determinations based on the trial burn,
the results of which are submitted under section 270.66(d).

**Waivers of the Trial Burn**

Sections 270.22(a)(2)-(5), 266.108, 266.109, and 266.110 contain
provisions for waivers of the trial burn requirements for boilers
operating under special operating conditions, BIFs burning low-risk
wastes and BIFs defined as small quantity burners. Section 270.22(a)(6)
contains provisions allowing owners and operators to submit data for a
similar unit in lieu of performing a trial burn. To obtain any of these
waivers, an owner or operator must provide supporting information and
documentation.

Sections 270.22(b) and 266.104 allow owners and operators to submit a
demonstration in support of an alternative HC limit. Sections 270.22(c)
and 266.106(f) provide for an approach for implementing the Tier II or
Tier III metals emissions limits alternative to monitoring the feed rate
of metals in each feedstream, if the owner or operator applies for such
an allowance and receives Agency approval.

**Automatic Hazardous Waste Feed Cutoff System**

Section 270.22(d) requires owners and operators to prepare and submit
with the Part B application information describing the automatic
hazardous waste feed cutoff system.

**Direct Transfer Requirements**

Sections 270.22(e) and 266.111 apply to owners and operators of BIFs who
directly transfer hazardous waste from a transport vehicle to a BIF unit
without the use of a storage unit. This section includes requirements to
obtain and keep on file a written certification and assessment
(§266.111(d)(2) and §266.111(e)(2), respectively), and requirements to
conduct inspections and record and maintain data until closure of the
facility (§266.111(e)(3)). \[Some owners and operators of BIFs will
submit this information before submitting the Part B application. These
facilities are covered in the specific units section of this ICR\].

**Regulation of Residues**

Sections 270.22(f) and 266.112 provide for residue derived from the
burning or processing of hazardous waste in certain BIFs to be exempt
from being classified as hazardous waste if the owner or operator can
demonstrate that the burning of the hazardous waste does not
significantly affect the character of the residue (§266.112(b)). \[Some
owners and operators of BIFs will submit this information before
submitting the Part B application. These facilities are covered in the
specific units section of this ICR\].

**Permit Modifications for BIFs**

Sections 270.40 through 270.42 address the requirements for permit
modifications. Section 270.40 applies to owners and operators
transferring ownership or operational control of a facility. These
owners and operators must submit Class 1 permit modifications as well as
a written agreement containing specific transfer information.
Requirements for owners and operators submitting permit modifications at
the request of the Agency are contained in §270.41. Requirements for
Class 1, 2, and 3 permit modifications submitted at the request of the
permittee are contained in section 270.42(a)-(c). Section 270.42(d)
allows permittees to request that the Agency determine the
classification for a specific modification. Sections 270.42(e) and (g)
discuss requirements for temporary authorization and permit
modifications respectively for newly regulated wastes and units. The
February 21, 1991 BIF rule amended Appendix I of section 270.42 to
include permit modifications specifically applicable to BIF units.

Requirements for permit renewal are contained in sections 270.50 and
270.51. In order to renew an expiring permit, owners and operators must
submit an application containing the information required under section
270.14 and the applicable sections of sections 270.15 through 270.29.

# 2. NEED FOR AND USE OF THE COLLECTION

## 2(a) NEED/AUTHORITY FOR THE COLLECTION

Regulations covering BIFs and general hazardous waste facilities are
promulgated under authority of sections 1006, 2002, 3001 through 3007,
3010, and 7004 of RCRA, as amended. On February 21, 1991 and August 25,
1992, EPA expanded controls on hazardous waste combustion to regulate
air emissions from the burning of hazardous waste in BIFs, which were
previously not regulated. On September 30, 1999, EPA provided exclusions
for certain wastes and types of BIFs. These BIF regulations are codified
at 40 [CFR]{.underline} 261.38, 40 [CFR]{.underline} Part 266, Subpart
H, 40 [CFR]{.underline} 270.22, and 40 [CFR]{.underline} 270.66. This
section describes the need and authority for each type of information
collection analyzed in this ICR.

***COMPARABLE/SYNGAS FUEL SPECIFICATION***

EPA promulgated regulations at section 261.38(c) that allow owners and
operators of hazardous waste facilities that have waste meeting the
comparable/syngas fuel specification to exclude the waste from the
definition of solid waste, provided a notification is made and other
requirements, including certification, sampling and analysis, and
recordkeeping, are met. This information is required to promote
beneficial energy recovery.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs***

**General Facility Operating Requirements**

**Foreign Shipment Import Report**

EPA promulgated regulations in sections 264.12(a) and 265.12(a) that
require owners and operators of hazardous waste facilities that have
arranged to receive hazardous wastes from foreign sources to notify the
Regional Administrator in writing at least four weeks prior to the
expected date of arrival of the shipments at the facility. EPA uses
information in the foreign shipment import report to determine: (1)
whether hazardous wastes will be transported safely to the United
States, and (2) whether the waste will be managed in a manner that is
protective of human health and the environment. The foreign shipment
import report requirement contributes to EPA\'s goal of minimizing
detrimental impacts to the environment resulting from the unsafe
transportation and management of hazardous waste.

**Notice of Appropriate Permits**

Section 264.12(b) requires the owner or operator of a facility that
receives off-site waste to send a one-time notice to the generator
stating that he or she has the appropriate permits for, and will accept,
the waste the generator is shipping. The owner or operator must retain a
copy of the notice. The notice is needed to ensure that waste is being
managed properly. EPA may examine the notices during inspections to
ensure that the notifications are being transmitted.

**Notice of Part 264 or 265, and Part 270 Requirements**

Sections 264.12(c) and 265.12(b) require owners and operators
transferring ownership of a facility during its operating life, to
notify the new owner or operator in writing of the requirements of 40
[CFR]{.underline} Parts 264 and 270. This information is needed to help
new owners and operators understand applicable regulations and
facilitate compliance.

**Waste Analysis**

EPA promulgated regulations in sections 264.13(a)(1) and 265.13(a)(1)
that require owners or operators to obtain a detailed chemical and
physical analysis of a representative sample of the waste that will be
received. Section 266.102(b) requires owners and operators of permitted
BIFs to quantify the concentration of any hazardous constituent
identified in appendix VIII of Part 261 that may reasonably be expected
to be in the waste. Section 266.103(c)(3)(ii)(B) requires owners and
operators of interim status BIFs that recycle collected particulate
matter to analyze waste for metals content to determine if changes in
metal content affect the ability of the facility to meet the metals
emissions standards established under section 266.103(c) or (d). EPA and
the owner or operator use information obtained in the waste analysis
sample to determine: 1) whether the waste meets the permit standards or
limitations of the BIF regulations, particularly for metals, HCl,
chlorine, and organics, so that a facility can adequately handle
incoming waste; and 2) whether the waste is really what the generator
claims it to be. The owner or operator also uses information obtained
from the waste analysis to determine whether there are any potential
dangers from handling the waste. The waste analysis requirement is a
principal control for operating parameters, because it is not possible
to continuously measure emissions of all compounds. Waste analysis thus
contributes to EPA\'s goal of preventing undetected releases or
reactions of hazardous waste on-site.

**Waste Analysis Plan**

Sections 264.13(b) and 265.13(b) state that the owner or operator of a
hazardous waste facility must develop and follow a written waste
analysis plan that describes the procedures to be used in obtaining a
detailed chemical and physical analysis of the waste. EPA uses the waste
analysis plan as a planning tool to ensure the quality of information
obtained from the waste analysis samples required in sections
264.13(a)(1) and 265.13(a)(1).

**Inspection Schedule**

EPA promulgated regulations in sections 264.15(d) and 265.15(d) that
require the owner or operator of a facility to record inspections in an
inspection log or summary. EPA and owners and operators use information
in the inspection log to determine whether facility equipment is safe
for handling hazardous waste. The inspection requirement contributes to
EPA\'s goal of preventing hazardous waste constituents from being
released into the environment due to faulty or deteriorated equipment.

**Personnel Training**

Sections 264.16(d) and 265.16(d) require owners and operators to
maintain copies of personnel training documents and records at the
facility. Both EPA and owners and operators use information in personnel
training records to determine whether employees have acquired the
necessary expertise to perform their jobs. EPA also reviews personnel
records to determine whether employees are receiving a level of training
that is commensurate with their duties and responsibilities as well as
their ability to respond to any emergency situations at the facility.
Requiring owners and operators to maintain personnel training documents
decreases the likelihood that employees are unqualified to handle
hazardous waste or respond to emergencies. The personnel recordkeeping
requirement contributes to EPA\'s goal of minimizing the potential for
employee-related mistakes that may threaten human health and the
environment.

**Documentation of Compliance for Ignitable, Reactive or**
**Incompatible Wastes**

Section 264.17(c) states that any owner or operator who treats, stores,
or disposes of ignitable or reactive wastes, or mixes incompatible
wastes, must document compliance with sections 264.17(a) and (b), which
require certain precautions to prevent reactions that will threaten
human health or the environment. EPA uses information in the
documentation of compliance to determine whether facilities are
operating in a manner that is protective of human health and the
environment. The documentation requirement contributes to EPA\'s goal of
minimizing unanticipated damage from the treatment, storage, or disposal
of hazardous waste.

**Recordkeeping Requirements**

EPA promulgated regulations in 40 [CFR]{.underline} 264.73 and 265.73
directing owners or operators of hazardous waste treatment, storage, or
disposal facilities to keep a written operating record at the facility.
Other recordkeeping requirements under 40 [CFR]{.underline} Parts 264
and 265, Subpart E, include submitting copies of records of waste
disposal locations and quantities under sections 264.73(b)(2) and
265.73(b)(2) to the Regional Administrator and local land authority upon
closure of the facility (§§264.74(c) and 265.74(c)). In addition, 40
[CFR]{.underline} 264.37(b) requires facilities to document in the
operating record any refusal of State or local authorities to enter into
arrangements for emergency situations. EPA uses information collected
pursuant to these regulations to select appropriate corrective action
and cleanup measures should an unanticipated release of hazardous waste
occur. EPA compliance officials refer to the operating record to
determine the following: 1) what cleanup measures are appropriate and 2)
whether operating requirements can be better tailored to the needs of a
particular site. EPA anticipates that the owner or operator will use
information included in the operating record to prevent receiving, or
placing in proximity, wastes that are incompatible with other wastes
that are likely to ignite or explode. Requiring facilities to develop
and maintain an operating record and conduct the recordkeeping
activities contributes to EPA\'s goal of minimizing damage to the
environment due to the treatment, storage, or disposal of hazardous
waste.

**Contingency Plan and Emergency Procedures**

Section 3004(a)(5) of RCRA, as amended, requires EPA to develop
standards for contingency plans for effective action to minimize
unanticipated damage from any treatment, storage, or disposal of any
such hazardous waste. EPA codified regulations that address this
statutory requirement in 40 [CFR]{.underline} Parts 264 and 265. 40
[CFR]{.underline} sections 264.51 through 264.54; section 264.56;
sections 265.51 through 265.54; and section 265.56 require all owners
and operators of hazardous waste facilities to prepare and maintain
contingency plans, and to notify State and local authorities and prepare
emergency reports whenever an imminent or actual emergency situation
occurs. EPA reviews the contingency plan and emergency reports to
determine whether a facility has developed adequate procedures to
respond to unplanned sudden or non-sudden releases of hazardous waste or
hazardous constituents to air, soil, or surface water. Notifications to
State and local authorities facilitate remedial actions and evacuations,
if necessary. Requiring facilities to develop and maintain contingency
plans and prepare emergency response reports and notifications
contributes to EPA\'s goal of minimizing unanticipated damage from the
treatment, storage, or disposal of hazardous waste.

**Closure Requirements**

EPA promulgated regulations in 40 [CFR]{.underline} Parts 264 and 265,
Subpart G (§§264.112, 264.115, 264.116, and 265.112, 265.113, 265.115,
265.116, and 265.118-120), that require owners and operators to develop
closure plans, amend these plans when appropriate, and submit to EPA
closure certifications. EPA reviews information in the closure plans to
determine whether closure activities will comply with the regulatory
requirements. EPA uses information in the closure certifications to
determine that closure took place in accordance with the approved
closure plan.

In addition, 40 [CFR]{.underline} 264.113 and 265.113 allow owners and
operators to apply for allowances and extensions during the closure
period by preparing and submitting demonstrations. These demonstrations
are needed to ensure that any activities taking place during closure are
protective of human health and the environment.

Requiring facilities to comply with these regulations contributes to
EPA\'s goal of ensuring that all hazardous waste management facilities
are closed in a manner that is protective of human health and the
environment, and that minimizes the need for future cleanup efforts.

**Financial Requirements**

Section 3004(a)(6) of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, requires EPA to promulgate regulations that include
requirements respecting \"the maintenance of operations of such
facilities and requiring such additional qualifications as to \...
financial responsibility (including financial responsibility for
corrective action) as may be necessary or desirable.\"

**Closure Financial Assurance Requirements**

The need for financial assurance of closure care is indicated by the
numerous instances of environmental damage resulting from abandonment of
hazardous waste management (HWM) facilities and other failures by owners
and operators to provide adequately for closure care. The likelihood of
such failure is increased by the fact that the costs for closure care
are expected to commence when the economic value of the facility is
either at a minimum or nonexistent.

EPA believes that significant numbers of owners and operators would lack
the ability to provide for closure care without effective requirements
for financial assurance. Consequently, the Agency developed 40
[CFR]{.underline} Parts 264 and 265, Subpart H financial responsibility
requirements for closure care. (The requirements in Part 264, Subpart H,
are identical to the requirements in Part 265, Subpart H. The remainder
of this supporting statement will use the reference to Subpart H as
referring to both the Part 264 and Part 265 financial responsibility
requirements.)

**Liability Requirements**

The liability requirements are designed to assure that funds will be
available during the operating life of a facility from which third
parties can seek compensation for bodily injury and property damage
arising from the operation of the facility. The liability requirements
are necessary for several reasons. First, the requirements provide
protection to human health and the environment by assuring that funds
are available to owners and operators to compensate for damage caused by
accidents at hazardous waste facilities, including payments for bodily
injury and property damage. In addition, the Agency believes that
without liability coverage requirements, there would be less public
confidence in and greater opposition to proposed and existing hazardous
waste facilities. The liability requirements also result in other
potential benefits for human health and the environment: the incentive,
in the form of lower insurance premiums, to improve design and operation
of the facility, and the oversight that insurers provide over facility
operations.

**Conditions Applicable to All Permits**

EPA promulgated conditions applicable to all permits at 40
[CFR]{.underline} Part 270, Subpart C. Information collected under this
authority is needed to ensure that permittees are complying with permit
conditions, and to determine whether cause exists for modifying,
revoking and reissuing, or modifying a permit.

***SPECIFIC UNIT REQUIREMENTS FOR BIFs***

**Exemptions from the BIF Regulations**

EPA promulgated regulations in sections 266.100 and 266.108 that allow
owners and operators of certain BIF units to apply for an exemption from
BIF regulations. Collecting this information contributes to EPA\'s goal
of ensuring that only those facilities that satisfy exemption
requirements be excluded from burning regulations.

**Permit Standards**

EPA promulgated regulations in section 266.102 covering permitted BIFs.
Under section 266.102(e)(8), EPA subjects permitted units to monitoring
and inspection requirements. Facilities with permitted BIF units are
required to comply with standards that control the following emissions:

5.  Organic emissions limiting CO emissions, and in some cases, HC
    emissions to specified levels and demonstrating compliance with a
    DRE Standard (§266.104;

6.  Particulate matter emissions by limiting PM emissions to the
    specified level (§266.105);

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1.  Metals emissions by complying with specified Tier I feed rate
    screening limits, Tier II emission rate screening limits, Tier III
    site-specific risk assessments, adjusted Tier I feed rate screening
    limits, or an alternative implementation approach (§266.106); and

2.  HCl and Cl~2~ gas emissions by complying with Tier I feed rate
    screening limits, Tier II emission rate screening limits, Tier III
    site-specific risk assessments, or adjusted Tier I feed rate
    screening limits (§266.107).

These requirements contribute to EPA\'s goal of ensuring that BIF units
are being operated in compliance with the terms of their permits and
applicable standards.

**Interim Status Standards**

EPA promulgated regulations in section 266.103 covering interim status
BIFs. EPA needs to collect information from these facilities in
demonstrations, the certification of precompliance, and the
certification of compliance to ensure that the facility can be operated
in compliance with applicable standards in a manner protective of human
health and the environment. However, EPA does not expect any facilities
to complete the certification of precompliance or the certification of
compliance, as all operating interim status facilities have already
submitted the information. In addition, EPA subjects interim status
units to monitoring and inspection reports to ensure that BIF units are
being operated in compliance with the standards for controlling organic
emissions (§266.104), particulate matter (§266.105), metals emissions
(§266.106), HCl and Cl~2~ gas emissions (§266.107), as described above
for permitted BIF units.

**Standards to Control Organic Emissions**

EPA promulgated regulations in section 266.104(a)(2) that allow owners
and operators to submit a demonstration for an alternative POHC
designation. EPA needs to collect this information to ensure that any
POHC used is an effective indicator of combustion efficiency.

**Standards to Control Metals Emissions**

EPA promulgated regulations in section 266.106(f) that allow owners and
operators to submit information in support of an alternative
implementation approach. EPA needs to collect this information to ensure
that any approach used will work effectively and safely.

**Direct Transfer Requirements**

EPA promulgated regulations in section 266.111 that set forth
information requirements for facilities that directly transfer hazardous
waste from a transport vehicle to a BIF unit without the use of a
storage unit. These requirements contribute to EPA\'s goal of ensuring
that waste is transferred in a manner that minimizes the likelihood of a
release.

**Regulation of Residues**

EPA promulgated regulations in section 266.112 that allow residue that
is derived from the burning or processing of hazardous waste to be
exempt from being classified as hazardous waste if the owner or operator
can demonstrate that the burning of the hazardous waste does not
significantly affect the character of the residue. Under Appendix IX,
section 7, an owner or operator may use an alternative statistical
approach and an approach for the handling of nondetect data points if he
or she prepares and maintains supporting rationale for such an approach.
EPA needs to collect this information to ensure that residue generated
during the combustion of hazardous waste in BIFs in managed in a manner
protective of human health and the environment.

***PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR
BIFs***

**General Part B Information Requirements for BIFs**

RCRA section 3005 requires EPA to promulgate regulations detailing
informational requirements for owners and operators submitting Part B
permit applications. EPA promulgated these requirements in 40
[CFR]{.underline} Parts 264 and 270:

1.  Section 270.14(a) allows owners and operators to petition EPA for
    relief from submission of information prescribed in Part B on a
    case-by-case basis by demonstrating that such information cannot be
    provided to the extent required.

2.  Section 270.14(b)(1)-(14) requires owners and operators of hazardous
    waste management facilities to submit information on compliance with
    general facility standards in their Part B permit applications.

3.  Sections 270.14(b)(15)-(16) require owners and operators of new
    facilities to submit detailed written estimates of the cost of
    facility closure and post-closure care in accordance with the
    requirements of §§264.142(a) and 264.144(a), respectively.

4.  Sections 270.14(b)(15)-(16) also require owners and operators to
    establish and provide evidence of financial assurance for facility
    closure (§264.143) and post-closure (§264.145). Owners and operators
    can establish financial assurance with a number of financial
    instruments.

5.  Section 270.14(b)(17) requires owners and operators to document the
    amount of insurance meeting specifications detailed in §264.147(a)
    and, if applicable, §264.147(b), that are in effect before initial
    receipt of hazardous waste for treatment, storage, or disposal.

6.  Section 270.14(b)(18) requires owners and operators to provide proof
    of coverage by a State financial mechanism in compliance with
    §§264.149 or 264.150, where appropriate. Section 264.149 allows
    owners and operators to use State-required financial assurance
    mechanisms to meet §§264.143, 264.145, or 264.147 requirements.
    Section 264.150 requires owners and operators to notify EPA when a
    State assumes legal responsibility or assures availability of funds
    for an owner or operator\'s compliance with the closure,
    post-closure care, or liability requirements of this part.

7.  Section 270.14(b)(19) requires owners and operators to provide a
    topographic map showing a distance of 1000 feet around the facility.

8.  Section 270.33 establishes informational requirements for owners and
    operators developing schedules of compliance leading to compliance
    with RCRA regulations. EPA needs this information to determine
    whether schedules of compliance are reasonable.

EPA needs the various Part B permit information to evaluate the
compliance of facilities with the permitting standards. These
requirements contribute to EPA\'s goal of insuring that hazardous waste
management facilities are operated in a manner fully protective of human
health and the environment.

**Specific Part B Information Requirements for BIFs**

EPA promulgated regulations at 40 [CFR]{.underline} 270.66 and 270.22
requiring owners and operators of BIFs to submit specific additional
information.

**Fugitive Emissions**

EPA needs to collect information on all alternative means of fugitive
emissions control to ensure that the method desired performs
effectively.

**Requirements Relating to the Pre-Trial Burn, Trial Burn, and
Post-Trial Burn Periods**

EPA needs to collect information relating to the various permit
operating periods to ensure that the BIF unit can meet the standards set
forth in 40 [CFR]{.underline} Part 266, Subpart H. EPA needs to collect
information on the trial burn to determine whether a facility can comply
with emissions standards and to establish permit limits.

**Waivers of the Trial Burn**

EPA needs to collect information supporting a waiver of a trial burn to
ensure that any wavier desired by an applicant is approved only if the
prescribed testing is unnecessary.

**Alternative HC Limit for Industrial Furnaces with Organic Matter in
Raw Materials**

EPA needs to collect information for an alternative HC limit to ensure
that the limit will be protective of human health and the environment.

**Alternative Metals Implementation Approach**

EPA promulgated regulations in §§270.22(c) and 266.106(f) that allow
owners and operators to submit information in a Part B application in
support of an alternative implementation approach. EPA needs to collect
this information to ensure that any approach used will work effectively
and safely.

**Automatic Hazardous Waste Feed Cutoff System**

Under 270.22(d), owners and operators must submit information describing
the automatic hazardous waste feed cutoff system. EPA needs this
information to ensure that such a system is installed at the facility
and that the owner or operator is familiar with its operation.

**Direct Transfer Requirements**

EPA promulgated regulations in §§270.22(e) and 266.111 that set forth
information requirements for facilities that directly transfer hazardous
waste from a transport vehicle to a BIF unit without the use of a
storage unit. These requirements contribute to EPA\'s goal of ensuring
that waste is transferred in a manner that minimizes the likelihood of a
release.

**Regulation of Residues**

EPA promulgated regulations in §§270.22(f) and 266.112 that allow
residue that is derived from the burning or processing of hazardous
waste to be exempt from being classified as hazardous waste if the owner
or operator can demonstrate that the burning of the hazardous waste does
not significantly affect the character of the residue. EPA needs to
collect this information to ensure that residue generated during the
combustion of hazardous waste in BIFs in managed in a manner protective
of human health and the environment.

**Permit Modifications for BIFs**

**Permit Modifications**

EPA promulgated regulations in 40 [CFR]{.underline} Part 270 outlining
procedures for modification and transfer of permits:

9.  Compliance with Class 1 modification requirements and submittal of
    specific financial and contractual information before transferring
    ownership or operational control of a facility (§270.40(b));

10. Specified procedures for owners and operators submitting permit
    modifications at the request of the Agency (§270.41);

11. Specified procedures for owners and operators applying for Class 1
    permit modifications (§270.42(a)), and owners and operators applying
    for Class 2 or 3 permit modifications (§270.42(b) - (c));

12. Specified procedures for owners and operators requesting a
    classification of a permit modification (§270.42(d)); and

13. Specified procedures for owners and operators applying for temporary
    authorization (§270.42(e)).

EPA needs this information to comprehensively evaluate whether requests
for modifications or transfer of ownership should be granted. The permit
modification procedures contribute to EPA\'s goal of providing a role
for the public in the permitting process. In general, these
informational requirements aid in meeting EPA\'s goal of ascertaining
and minimizing risks to human health and the environment from hazardous
waste management facilities.

**Expiration and Continuation of Permits**

EPA promulgated regulations in sections 270.50 and 270.51 requiring
owners and operators to renew their Part B permit. In order to renew an
expiring permit, owners and operators must submit an application
containing the information required under section 270.14 and the
applicable sections of sections 270.15 through 270.29. The permit
renewal process provides EPA with an opportunity to complete an
extensive review of the facility permit to determine whether the terms
of the permit continue to provide the most appropriate mechanism for
protecting human health and the environment.

## 2(b) PRACTICAL UTILITY/USERS OF THE DATA

***COMPARABLE/SYNGAS FUEL SPECIFICATION***

EPA uses information collected for comparable/syngas fuel specifications
to demonstrate that the facilities meet the necessary requirements and
to ensure adequate environmental protection.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs***

**General Facility Operating Requirements**

**Foreign Shipment Import Report, Notice of Appropriate Permits, and
Notice of Part 264 or 265, and Part 270 Requirements**

EPA uses foreign shipment import reports to determine the quantities and
types of hazardous wastes being imported from abroad. Information in the
foreign shipment import report also allows EPA to determine whether
hazardous wastes will be safely transported and managed.

Generators use notices of appropriate permits to ensure that their waste
is being managed by a permitted facility. Owners and operators of TSDFs
must keep the notices in the operating record, and these notices may be
reviewed by EPA during facility inspections.

New owners and operators use the notice of Part 264 and Part 270
requirements to improve their understanding of applicable regulations.

**Waste Analysis, Waste Analysis Plan, Inspection** **Schedule, and
Documentation of Compliance**

The waste analysis and waste analysis plan, as well as the inspection
schedule and documentation of compliance for ignitable or incompatible
wastes, are primarily designed to ensure that a facility is complying
with the BIF regulations and can adequately handle incoming waste as
demonstrated during the trial burn or compliance testing. Information
associated with these requirements is also used to ensure that the
incoming waste is really what the generator claims it to be, and to
prevent unauthorized releases of pollutants during burning of hazardous
waste on-site. Much of the information in the waste analysis plan will
also be used to provide a quality assurance check on both the generator
and the owners\' and operators\' facilities.

**Personnel Training**

Both EPA and owners and operators use information in the personnel
training records to ensure that personnel acquire the necessary
expertise to perform their jobs. During inspections, EPA reviews job
descriptions and training documents to determine whether each person is
receiving a level of training that is commensurate with the person\'s
duties and responsibilities as well as the ability to respond to any
emergency situations at the facility.

**Recordkeeping Requirements**

The facility owner or operator uses information included in the
operating record and waste disposal location and quantity records to
prevent the facility from receiving or placing in proximity wastes that
are incompatible or that are likely to ignite or explode. If an
unanticipated release of hazardous waste occurs, the owner or operator
may review information in the operating record to determine the
composition of the waste. Reviewing information in the operating record
facilitates the owner\'s or operator\'s selection of an appropriate
corrective action and cleanup measure. By providing facility-specific
data, the operating record also enables EPA compliance officials to
determine whether operating requirements can be better tailored to the
needs of a particular site.

**Contingency Plan and Emergency Procedures**

Local emergency response teams, certain hazardous waste generators,
treatment, storage, and disposal facility owners or operators, and EPA
use information included in the contingency plan to assure an
appropriate response to any unplanned release of hazardous waste or
hazardous waste constituents. EPA reviews information in the contingency
plan and emergency report to determine whether additional site-specific
emergency provisions are necessary.

**Closure Requirements**

EPA uses information contained in closure plans to determine whether an
owner or operator\'s planned closure activities will comply with
environmental regulations. EPA officials use information contained in
closure certifications to ensure that the owner or operator closed
his/her facility according to the specifications outlined in the
approved closure plan. EPA uses information contained in demonstrations
to ensure that any activities taking place during the closure period are
protective of human health and the environment.

**Financial Requirements**

The closure care and liability coverage financial instruments submitted
by the owner or operator are reviewed by EPA to determine compliance
with the applicable Subpart H regulations. This review involves
determinations of the validity of the instrument, acceptability of the
financial assurance provider, adequacy of the instrument amount, and
fulfillment of the other regulatory requirements. The information is
also used to direct funds for closure care and liability coverage in the
event of default or bankruptcy of a facility owner or operator.

**Conditions Applicable to All Permits**

EPA uses data collected from permitted facilities to evaluate compliance
with the terms of the permit and to decide whether cause exists for
modifying, revoking and reissuing, or terminating the permit. By
collecting this information, EPA ensures that permitted facilities are
operating in a manner protective of human health and the environment.

***SPECIFIC UNIT REQUIREMENTS FOR BIFs***

**Exemptions from the BIF Regulations**

EPA uses information collected under sections 266.100 and 266.108 to
determine whether a facility complies with the conditions that allow an
exemption from BIF regulations.

**Permit Standards**

EPA uses monitoring and inspection information to ensure that a facility
is complying with all the terms of its permit and all applicable
standards and conditions, including standards covering the control of
organic emissions (§266.104), particulate matter (§266.105), metals
emissions (§266.106), HCl and Cl~2~ gas emissions (§266.107).

**Interim Status Standards**

EPA uses information submitted as part of a demonstration to evaluate
whether an allowance should be granted. EPA uses information collected
in the certification of precompliance and certification of compliance to
evaluate whether a BIF unit can meet applicable standards. EPA uses
information collected in monitoring and inspection reports to ensure
that a BIF unit is being operated in compliance with applicable
standards, including standards covering the control of organic emissions
(§266.104) particulate matter (§266.105), metals emissions (§266.106),
HCl and Cl~2~ gas emissions (§266.107). However, EPA does not expect any
facilities to complete the certification of precompliance or the
certification of compliance, as all operating interim status facilities
have already submitted the information.

**Standards to Control Organic Emissions**

EPA uses information submitted in support of an alternative POHC
designation to evaluate whether the proposed POHC can serve as an
effective indicator of combustion efficiency.

**Standards to Control Metals Emissions**

EPA uses information submitted in support of an alternative
implementation approach to evaluate whether the proposed approach can be
used effectively and safely.

**Direct Transfer Requirements**

EPA uses information concerning the direct transfer of waste to evaluate
the equipment used and to ensure that waste is being transferred in a
manner that minimizes the likelihood of a release.

**Regulation of Residues**

EPA uses information submitted in support of an exclusion of residue
from being classified as a hazardous waste to evaluate whether such an
exclusion is warranted. EPA uses information submitted in support of the
use of an alternative statistical approach and an approach for the
handling of nondetect data points to ensure that the approaches used are
supported by valid data and assumptions.

***PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR
BIFs***

**General Part B Information Requirements for BIFs**

EPA uses the information requirements in 40 [CFR]{.underline} Parts 264
and 270 for owners and operators submitting Part B applications to
evaluate compliance with various elements of the regulations. For
example, the general facility standards informational requirements
provide EPA with information demonstrating compliance with standards
regarding the facility\'s contingency plan, the inspection schedule, and
security procedures. EPA uses the financial assurance information
requirements to evaluate the facility owner\'s financial ability to
close the facility, to maintain the facility after closure, and to
respond to any contingencies. Owners and operators use schedules of
compliance to develop a list of activities needed to come into
compliance with the applicable regulations. EPA uses performance test
plans and documentation of compliance to ensure that design and
operating procedures are in accordance with air emissions standards.

**Specific Part B Information Requirements for BIFs**

**Fugitive Emissions**

EPA uses information submitted in support of an alternative means of
fugitive emissions control to ensure that the proposed method will
perform effectively.

**Requirements Relating to the Pre-Trial Burn, Trial Burn, and
Post-Trial Burn Periods**

EPA uses information relating to the various permit operating periods to
evaluate whether the BIF unit can meet the standards set forth in 40
[CFR]{.underline} Part 266, Subpart H. EPA uses information submitted in
the trial burn plan to evaluate whether a facility\'s plans are
adequate. EPA uses trial burn results to determine whether a facility
can meet applicable standards and to set permit conditions. These
requirements contribute to EPA\'s goal of ensuring that facilities can
meet the standards set forth in 40 [CFR]{.underline} Part 266, Subpart
H.

**Waivers of the Trial Burn**

EPA uses information submitted in support of a waiver of a trial burn to
evaluate whether the proposed waiver should be granted, based on human
health and environmental considerations.

**Alternative HC Limit for Industrial Furnaces with Organic Matter in
Raw Materials**

EPA uses information submitted in support of an alternative HC limit to
evaluate whether the limit will be protective of human health and the
environment.

**Alternative Metals Implementation Approach**

EPA uses information submitted in support of an alternative
implementation approach, as described at §266.103(b), §266.106(f), and
appendix IX, section 10, to evaluate whether the proposed approach will
work effectively and safely.

**Automatic Hazardous Waste Feed Cutoff System**

EPA uses information on the automatic hazardous waste feed cutoff system
to evaluate whether the system has been installed and is being operated
correctly.

**Direct Transfer Requirements**

EPA uses information collected on direct transfer equipment to evaluate
and ensure that the integrity of the equipment and its maintenance and
operation minimizes the likelihood of a release.

**Regulation of Residues**

EPA uses information submitted in support of an exclusion of residue
from classification as a hazardous waste to evaluate whether the residue
meets the required conditions for exclusion. EPA needs to collect this
information to ensure that residue generated during the combustion of
hazardous waste in BIFs is managed in a manner protective of human
health and the environment.

**Permit Modifications for BIFs**

**Permit Modifications**

EPA uses permit information to evaluate the initial permit applications
and any subsequent requests for modifications. The public may also use
draft EPA permit and permit modification determinations which
incorporate data submitted by facilities to assess hazardous waste
management facilities being developed in their communities.

**Expiration and Continuation of Permits**

EPA uses permit renewal applications to ensure that the terms of the
facility permit remain protective of human health and the environment.

# 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

## 3(a) NONDUPLICATION

The information collections covered in this ICR are not available from
sources other than the respondents. EPA\'s Office of Solid Waste is the
only office within the Agency collecting this information, and no other
Federal agency or department collects this information. In addition, the
Office of Solid Waste has systematically reorganized its ICR structure
to eliminate gaps or duplication.

## 3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

In compliance with the Paperwork Reduction Act of 1995, EPA has issued a
public notice in the *Federal Register* (70 FR 20748) on April 21 2005;
no comments were received.

## 3(c) CONSULTATIONS

In preparing the ICR, EPA incorporated data obtained from the EPA
Regions on the number of permitted and interim status BIF facilities; as
such, this ICR reflects EPA's most current understanding of the number
of facilities under the BIF program.

Note that EPA did not conduct consultations with the States or industry
in preparing the current ICR. In preparing previous BIF ICRs (e.g., ICR
#1361.06), EPA held consultations with the States and industry, as
needed, to obtain accurate estimates of their hour and cost burden under
the BIF program. This current ICR #1361.10 reflects their feedback.

## 3(d) EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the burden imposed upon the regulated
community by the specific unit and special waste processes and types
regulations. Consequently, EPA is confident that those activities
required of respondents are necessary, and to the extent possible,
minimize the burden imposed. EPA believes strongly that if the minimum
requirements specified under the regulations are not met, EPA will be
unable to fulfill its Congressional mandate to protect public health and
the environment.

## 3(e) GENERAL GUIDELINES

This ICR adheres to the guidelines stated in the 1995 Paperwork
Reduction Act as amended, OMB\'s implementing regulations, OMB\'s
[Information Collection Request Handbook]{.underline} (EPA, February
1999), and other applicable OMB guidance, except for the records
retention period. The BIF regulations require that records be retained
until closure of the facility.

## 3(f) CONFIDENTIALITY

EPA proposes to collect information only to the extent necessary for the
implementation of the promulgated rule and does not intend to collect
any information related to trade secrets of the stake-holders. Section
3007(b) of RCRA and 40 [CFR]{.underline} Part 2, Subpart B define EPA's
general policy on the public disclosure of information, and contain
provisions for confidentiality of business information. EPA protects
from public disclosure all Confidential Business Information (CBI)
obtained under RCRA, and has provided businesses with procedures to
claim confidentiality for such CBI. EPA makes extra efforts to protect
the confidentiality of this CBI.

## 3(g) SENSITIVE QUESTIONS

No questions of a sensitive nature are included in any of the
information collection requirements. This ICR complies with the Privacy
Act of 1974 and OMB Circular A-130.

# 4. THE RESPONDENTS AND THE INFORMATION REQUESTED

##  4(a) RESPONDENTS SIC/NAICS CODES

The following is a list of Standard Industrial Classification (SIC)
codes and corresponding North American Industrial Classification System
(NAICS) codes associated with facilities most likely affected by the
information requirements covered in this ICR.

  -----------------------------------------------------------------------
  **Industry Sector**                            **SIC       **NAICS
                                                 Code(s)**   Code(s)**
  ---------------------------------------------- ----------- ------------
  Mining: Nonmetallic Minerals, Except Fuels:    1499        212399
  Miscellaneous Nonmetallic Minerals, not                    
  elsewhere classified                                       

  Commercial Printing, Lithographic              2752        323110

  All Other Miscellaneous Chemical Product and   2819, 2899  325998
  Preparation Manufacturing                                  

  Plastics Material and Resin Manufacturing      2821        325211

  Paints and Allied Products                     2851        

  All Other Basic Organic Chemical Manufacturing 2869        325199

  Petroleum Refineries                           2911        32411

  Manufacturing: Stone, Clay and Glass Products: 3241        32731
  Cement, Hydraulic                                          

  Manufacturing: Stone, Clay and Glass Products: 3271        327331
  Concrete Block and Brick                                   

  Manufacturing: Stone, Clay and Glass Products: 3273        32732
  Ready-Mixed Concrete                                       

  Manufacturing: Stone, Clay and Glass Products: 3295        21232, 21239
  Minerals, Ground or Treated                                

  Manufacturing: Stone, Clay and Glass Products: 3299        327999
  Non-metallic Mineral Products, not elsewhere               
  classified                                                 

  Plating and Polishing                          3471        332813

  Industrial Machinery                           3599        333999

  Electronic Components                          3679        334419

  Motor Vehicle Parts and Accessories            3714        3363

  Local Trucking Without Storage                 4212        48411, 56211

  Electric Systems                               4911        2211

  Sewerage Systems                               4952        22132

  Waste Treatment and Disposal                   4953        5622

  Petroleum Bulk Stations and Terminals          5171        42271

  New and Used Car Dealers                       5511        4411

  Gasoline Service Stations                      5541        4471

  General Automotive Repair Shops                7538        811111
  -----------------------------------------------------------------------

## 4(b) INFORMATION REQUESTED

***COMPARABLE/SYNGAS FUEL SPECIFICATION***

As outlined in 40 [CFR]{.underline} 261.38(c), waste meeting the
comparable/syngas fuel specification is excluded from the definition of
solid waste, provided that the requirements at section 261.38(c)(1)-(13)
are met.

**Notices**

As provided at section 261.38(c)(1)(i), the facility generating the
waste must submit a one-time notice to EPA or the appropriate State
authority claiming and certifying the exclusion. If the generator is a
company generating comparable/syngas fuel at more than one facility, the
generator must specify at which sites the comparable/syngas fuel will be
generated.

In addition, as outlined in section 261.38(c)(1)(ii), the burner must
submit, prior to burning excluded comparable/syngas fuel, for
publication in a major newspaper or general circulation local to the
site where the fuel will be burned, a notice entitled "Notification of
Burning a Comparable/Syngas Fuel Excluded Under the Resource
Conservation and Recovery Act."

\(i\) [Data items:]{.underline}

As outlined in section 261.38(c)(1)(i)(C), the one-time
comparable/syngas fuel specification notice must contain the following
items:

• The name, address, and RCRA ID number of the person claiming the
exclusion;

• The applicable EPA hazardous waste codes for the hazardous waste;

• The name and address of the units that will burn the comparable/syngas
fuel; and

• A signed certification , as outlined in §261.38(c)(1)(i)(C)(4).

As required by section 261.38(c)(1)(ii), the "Notification of Burning a
Comparable/Syngas Fuel Excluded Under the Resource Conservation and
Recovery Act" must include the following information:

• The name, address, and RCRA ID number of the generating facility;

• The name and address of the unit(s) that will burn the
comparable/syngas fuel;

• A brief, general description of the manufacturing, treatment, or other
process generating the comparable/syngas fuel;

• An estimate of the average and maximum monthly and annual quantity of
the waste claimed to be exempt; and

• The name and mailing address of the Regional or State Directors to
whom the claim was submitted.

\(ii\) [Respondent activities:]{.underline}

All generators claiming exemptions must:

14. Read the regulations.

Generators claiming the comparable/syngas fuel exemption must:

• Prepare and submit the comparable/syngas fuel specification notice to
the permitting agency.

Facilities burning comparable/syngas fuel must:

• Prepare and submit a notification to a local newspaper.

**Sampling and Analysis**

As required by section 261.38(c)(7), generators must develop, follow,
and submit to the regulatory authority a sampling and analysis plan.
Additionally, as required by section 261.38(c)(8), for each waste for
which an exclusion is claimed, the generator must annually test (and
retest if there is a process change) for all the constituents listed in
Appendix VIII of Part 261 according to the sampling and analysis plan,
except those constituents that the generator determines should not be
present in the waste. As a part of the analysis, the generator must
document the basis of each determination that a constituent should not
be present. Facilities that claim the exclusion but are not the original
generator of the waste may not use process knowledge and must test the
waste to determine that all of the constituent specifications of
sections 261.38(a)(2) and 261.38(b) have been met.

\(i\) [Data items:]{.underline}

As required by §§261.38(c)(7), each sampling and analysis plan must
specify:

• The parameters for which each hazardous waste will be analyzed and the
rational for the selection of these parameters;

• The test methods which will be used to test for these parameters;

• The sampling method which will be used to obtain a representative
sample of the waste to be analyzed;

• The frequency which the initial analysis of the waste will be reviewed
or repeated to ensure that the analysis is accurate and up to date; and

• If process knowledge is used in the waste determination, any
information prepared by the facility owner or operator in making such
determination.

The waste analysis plan shall also contain records of:

• The date and times waste samples were obtained, and the dates the
samples were analyzed;

• The names and qualifications of the person(s) who obtained the
samples;

• A description of the (temporal and) spatial locations of the samples;

• The name and address of the laboratory facility at which analyses of
the samples were performed;

• A description of the analytical methods used, including any clean-up
and sample preparation methods;

• All quantitation limits achieved, all other quality control results
for the analysis (including method blanks, duplicate analyses, matrix
spikes, etc.), laboratory quality assurance data, and a description of
any deviations from analytical methods written in the plan or from any
other activity written in the plan;

• All laboratory analytical results demonstrating that the exclusion
specifications have been met for the waste; and

• All laboratory documentation that supports the analytical results,
unless a contract between the claimant and the laboratory provides for
the documentation to be maintained by the laboratory for the period
specified in §261.38(c)(10) and also provides for the availability of
the documentation to the claimant upon request.

\(ii\) [Respondent activities:]{.underline}

Facilities claiming the comparable/syngas fuel exclusion must perform
the following activities:

• Develop, follow, and submit a sampling and analysis plan for each
waste for which an exclusion is sought; and

• Document that no hazardous constituents are present in the waste by
annual sampling and analysis; or

• Document that no hazardous constituents are present in the waste by
process knowledge.

**Blended Waste**

As required by section 261.38(c)(8)(viii), facilities blending waste in
order to meet the kinematic viscosity specifications must analyze the
fuel as generated to ensure that it meets the constituent and heating
value specifications and then analyze the fuel again after blending to
ensure that it continues to meet all comparable/syngas fuel
specifications.

\(i\) [Data items:]{.underline}

15. Analysis and documentation compliance with blending or treating
    standards.

\(ii\) [Respondent activities:]{.underline}

To meet the comparable/syngas fuel exclusion, facilities blending wastes
must:

• Analyze and document that blended fuel meets all comparable/syngas
fuel specifications by sampling and analyzing the fuel as generated and
after blending.

**Recordkeeping**

As required by section 261.38(c)(10), generators of comparable/syngas
fuels must retain records in on-site files of all comparable and syngas
fuel-related information for three years.

\(i\) [Data items:]{.underline}

• Records specified at section 261.38(c)(10)(i)-(ix).

\(ii\) [Respondent activities:]{.underline}

• Maintain records for three years.

**Off-Site Burning**

As required by section 261.38(c)(12), prior to submitting a notification
to the State Commissioner or RCRA Regional Director, a comparable/syngas
fuel generator intending to ship fuel off-site for burning must obtain a
one-time written, signed statement from the burner. Additionally, as
required by section 261.38(c)(10)(ix), generators must retain
information on each shipment of fuel sent off-site for burning.

\(i\) [Data items:]{.underline}

The one-time statement must:

• Certify that the comparable/syngas fuel will only be burned in an
industrial furnace, boiler, or hazardous waste incinerator, as required
under §261.38(c)(12);

• Identify the name and address of the units that will burn the
comparable/syngas fuel;

• Certify that the State in which the generator is located is authorized
to exclude wastes as comparable/syngas fuels;

• The shipment-specific information must include the following
information:

1.  The name and address of the facility receiving the comparable/syngas
    fuel for burning;

2.  The quantity of comparable/syngas fuel delivered;

3.  The date of shipment or delivery; and

4.  A cross-reference to the record of comparable/syngas fuel analysis
    or other information used to make the determination that the
    comparable/syngas fuel meets the specifications as required under
    §261.38(c)(8).

\(ii\) [Respondent activities:]{.underline}

All facilities shipping their fuel off-site for burning must:

• Obtain a one-time written, signed statement from the burner; and

• Prepare and maintain shipment-specific data for each shipment bound
for off-site burning.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs***

**General Facility Operating Requirements**

**Foreign Shipment Import Report**

\(i\) [Data items]{.underline}:

-   Sections 264.12(a) and 265.12(a) require owners or operators that
    have arranged to receive hazardous wastes from foreign sources to
    notify the Regional Administrator in writing at least four weeks
    prior to the expected date of arrival of the shipments at the
    facility.

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-   The owner or operator of a recovery facility that has arranged to
    receive hazardous waste subject to 40 CFR part 262, subpart H must
    provide a copy of the tracking document bearing all required
    signatures to the notifier, to the Office of Enforcement and
    Compliance Assurance, Office of Compliance, Enforcement Planning,
    Targeting and Data Division (2222A), Environmental Protection
    Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to
    the competent authorities of all other concerned countries within
    three working days of receipt of the shipment. The original of the
    signed tracking document must be maintained at the facility for at
    least three years.

\(ii\) [Respondent activities]{.underline}:

In order to comply with the foreign shipment report requirements,
respondents must perform the following activities:

1.  Read the regulations;

2.  Collect data; and

3.  Prepare and submit the notification and the tracking documents

**Notice of Appropriate Permits**

\(i\) [Data items]{.underline}:

Section 264.12(b) requires the owner or operator of a facility that
receives off-site waste to inform the generator in writing that he or
she has the appropriate permits, and will accept, the waste the
generator is shipping. This notice must be sent to the generator before
receiving the first shipment of waste. The owner or operator must retain
a copy of the notice at the facility.

\(ii\) [Respondent activities]{.underline}:

In order to comply with section 264.12(b), respondents must perform the
following activities:

1.  Read the regulations;

2.  Prepare and submit the one-time notice; and

3.  Retain a copy of the notice.

**Notice of Part 264 or 265, and Part 270 Requirements**

\(i\) [Data item]{.underline}:

Sections 264.12(c) and 265.12(b) require owners or operators
transferring ownership of a facility during its operating life to notify
the new owner or operator in writing of the requirements of 40
[CFR]{.underline} Part 264 or 265 and Part 270. This notice must be
submitted before the transfer in ownership.

\(ii\) [Respondent activities]{.underline}:

In order to comply with sections 264.12(c) and 265.12(b), respondents
must perform the following activities:

1.  Read the regulations; and

2.  Prepare and submit the notice.

**Waste Analysis**

\(i\) [Data items]{.underline}:

Waste analysis is required for all facilities with permitted and interim
status BIFs. Regulations covering waste analysis have been promulgated
as general hazardous waste facility requirements at sections 264.13 and
265.13, and as specific unit requirements for BIFs at §266.102(b) and
(e), §266.103(b) and (c), and appendix IX of Part 266. Sections
264.13(a)(1) and 265.13(a)(1) require an owner or operator to obtain a
detailed chemical and physical analysis of any hazardous waste he or she
intends to treat, store, or dispose. Sections 264.13(a)(2) and
265.13(a)(2) state that the analysis may include data, either existing
or published, developed under 40 [CFR]{.underline} Part 261, as well as
existing data on the hazardous waste or hazardous waste generated from
similar processes. For facilities with permitted BIF units, this
analysis must include a quantification of the concentration of any
hazardous constituents identified in appendix VIII of 40
[CFR]{.underline} Part 261 that are reasonably expected to be in the
waste, as required by section 266.102(b). Appendix VIII constituents
excluded from this analysis must be identified and the basis for their
exclusion explained. For facilities with interim status BIF units that
recycle collected particulate matter, this analysis must include testing
for metals content that is sufficient for the owner or operator to
determine if changes in metals content may affect the ability of the
facility to meet the metals emissions standards established under
§266.106(c) or (d). Parameters that are analyzed during waste analysis
include viscosity, particle size, volatility, heating value, and the
concentration of metals, HCl, and Cl~2~ in the hazardous and
non-hazardous waste streams and in the total pumpable hazardous waste
feed.

\(ii\) [Respondent activities]{.underline}:

In order to comply with the waste analysis requirements of the above
referenced sections, respondents must perform the following activities:

1.  Read the regulations;

2.  Collect data; and

3.  Perform waste analysis (sampling, testing).

**Waste Analysis Plan**

\(i\) [Data items]{.underline}:

Sections 264.13(b)-(c) and 265.13(b)-(c) state that an owner or operator
of a hazardous waste facility must develop and follow a written waste
analysis plan that describes the procedures to be used in obtaining a
detailed chemical and physical analysis of the waste. The owner or
operator is required to keep the waste analysis plan at the facility. At
a minimum, the plan must include the following information:

1.  Parameters for which each hazardous waste will be analyzed and the
    rationale for the selection of these parameters;

2.  Test methods used to test for the parameters;

3.  Sampling method used to obtain a representative sample of the waste
    to be analyzed;

4.  Frequency with which the initial analysis of the waste will be
    reviewed or repeated to ensure that the analysis is accurate and up
    to date;

5.  For off-site facilities, the waste analyses that hazardous waste
    generators have agreed to supply; and

6.  Where applicable, the methods which will be used to meet additional
    waste analysis requirements for specific waste management methods as
    specified in §§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d),
    265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375,
    265.402, 265.1034(d), 265.1063(d), and 268.7.

\(ii\) [Respondent activities]{.underline}:

Since permitted facilities submit the waste analysis plan with the Part
B permit application, activities associated with developing and
modifying the waste analysis plan are discussed in the Part B permit
application and permit modifications portion of this ICR. However, prior
to submitting a permit application, an interim status facility must
prepare a waste analysis plan. Therefore, preparation and modification
of waste analysis plans for interim status facilities will be discussed
in this section of the ICR. In addition to the development of the plan,
this ICR will also focus on activities associated with the recordkeeping
aspects of the regulations for both permitted and interim status
facilities.

To meet the recordkeeping requirement outlined in §§264.13(b) and
265.13(b), owners or operators must file the waste analysis plan at the
facility. Activities associated with developing a waste analysis plan
include:

1.  Read the regulations;

2.  Collect the data required in the waste analysis plan;

3.  Write the waste analysis plan;

4.  Maintain the plan (e.g., photocopying and filing);

5.  Modify the waste analysis plan (for new and existing interim status
    facilities); and

6.  Maintain the modified waste analysis plan.

**Inspection Schedule**

\(i\) [Data items]{.underline}:

Sections 264.15(b)(1) and 265.15(b)(1) require owners and operators to
develop and follow a written schedule for monitoring equipment, safety
and emergency equipment, security devices, and operating and structural
equipment that is important in preventing, detecting, or responding to
environmental or human health hazards. At a minimum, the inspection
schedule must identify the types of problems that are to be investigated
during the inspection.

Section 264.15(d) and 265.15(d) state that an owner or operator must
record inspections conducted according to the written schedule developed
pursuant to §§264.15(b)(1) and 265.15(b)(1) in an inspection log or
summary that is to be maintained at the facility for at least three
years from the date of inspection.

The inspection log or summary must contain the following data items:

1.  Date and time of inspection;

2.  Name of inspector;

3.  Notation of the observations made; and

4.  Date and nature of any repairs or other remedial action.

\(ii\) [Respondent activities]{.underline}:

Since permitted facilities submit the inspection schedule with the Part
B permit application, activities associated with developing and
modifying the schedule are discussed in Part B permit applications and
modifications portion of this ICR. Prior to submitting a permit
application, interim status facilities must prepare an inspection
schedule; preparation of and modification to the inspection schedule for
these facilities will be discussed in this section of the ICR. This ICR
will also focus on activities associated with the recordkeeping aspects
of the regulations for both permitted and interim status facilities.

To meet the requirements outlined in §§264.15(d) and 265.15(d), the
owner or operator must conduct the following activities:

1.  Read the regulations;

2.  Develop an inspection schedule (new interim status facilities only);

3.  Maintain and modify the inspection schedule at the facility (new and
    existing interim facilities only); and

4.  Record problems identified during inspections in the inspection log.

**Personnel Training**

\(i\) [Data items]{.underline}:

Sections 264.16(d) and 265.16(d) require an owner or operator to
maintain copies of personnel training documents and records at the
facility. These documents should include the following data items:

1.  Job title for each position at the facility related to hazardous
    waste management, and the name of the employee filling each job;

2.  Written job description for each position, which includes the
    necessary skill, education, or other qualifications and duties of
    employees assigned to each position;

3.  Written description of the type and amount of both introductory and
    continuing training that will be given to each person filling a
    position; and

4.  Records that document that the training or job experience required
    have been given to, and completed by, facility personnel.

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with sections 264.16(d) and 265.16(d)
include:

1.  Read the regulations;

2.  Collect the data items listed above; and

3.  Maintain (e.g., photocopying and filing) the specified training
    records at the facility until closure or three years from the time
    the employee last worked at the facility.

**Documentation of Compliance for Ignitable, Reactive, or**
**Incompatible Wastes**

\(i\) [Data items]{.underline}:

Section 264.17(c) states that the owner or operator of a hazardous waste
facility must take precautions to prevent accidental ignition or
reaction of ignitable or reactive waste. The owner or operator of a
permitted facility must document compliance with the requirements
outlined in §264.17(a) and (b). The documentation may be based on
references to published scientific or engineering literature, data from
trial tests (e.g., bench scale or pilot scale tests), waste analyses (as
specified in §264.13), or the results of the treatment of similar wastes
by similar treatment processes and under similar operating conditions.

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with section 264.17(c) include:

4.  Read the regulations;

5.  Collect and document the data items mentioned above; and

6.  Maintain (e.g., photocopying and filing) documentation at the
    facility.

**Recordkeeping Requirements**

**Operating Record Requirements**

\(i\) [Data items]{.underline}:

Sections 264.73 and 265.73 outline specific operating recordkeeping
requirements that are imposed on TSDFs. This ICR covers the requirements
found at these citations that apply to facilities with BIF units. For
these facilities, the operating record must contain the following data
items:

7.  A description and the quantity of each hazardous waste received, and
    the method(s) and date(s) of its treatment, storage, or disposal at
    the facility as required by Appendix I;

8.  The location of each hazardous waste within the facility and the
    quantity at each location. For disposal facilities, the location and
    quantity of each hazardous waste must be recorded on a map or
    diagram of each cell or disposal area;

9.  Records and results of waste analyses performed;

10. Summary reports and details of all incidents that require
    implementing the contingency plan;

11. Records and results of inspection reports (which must be kept for
    three years);

12. Monitoring, testing, or analytical data and corrective action where
    required;

13. Closure cost estimates;

14. For permitted facilities, a certification (must be done at least
    once a year) that the permittee has a program in place to reduce the
    volume and toxicity of hazardous waste that he generates to the
    degree determined by the permittee to be economically practicable;
    and the proposed method of treatment, storage, or disposal that is
    the practicable method currently available to the permittee which
    minimizes the present and future threat to human health and the
    environment; and

15. Documents stating refusal of State or local authorities to enter
    into arrangements to address emergency situations, as required by
    §264.37(b) and 265.37(b).

\(ii\) [Respondent activities]{.underline}:

In order to comply with sections 264.73 and 265.73, owners or operators
are required to maintain a written operating record at the facility.
Respondent activities associated with maintaining an operating record
for BIF units include maintaining (e.g., photocopying and filing) the
other data items listed above.

**Contingency Plan and Emergency Procedures**

**Contingency Plan Requirements**

\(i\) [Data items]{.underline}:

Sections 264.51 and 265.51 require owners or operators to have a
contingency plan for their facilities and sections 264.53(a) and
265.53(a) require the owner or operator to maintain a copy of an updated
contingency plan at the facility. Sections 264.52 and 265.52 outline the
data elements that should be included in this plan:

16. A description of the arrangements agreed to by local police
    departments, fire departments, hospitals, contractors, and State and
    local emergency response teams to coordinate emergency services;

17. An updated list of the names, addresses, and phone numbers (office
    and home) of all persons qualified to act as emergency coordinators;

18. An updated list of all emergency equipment (e.g fire extinguishing
    system) at the facility and the location, physical description, and
    capabilities of the emergency equipment. The contingency plan should
    also indicate where the emergency equipment will be required; and

19. An evacuation plan for facility personnel where there is a
    possibility that evacuation may be necessary.

In addition, sections 264.53(b) and 265.53(b) require owners and
operators to submit a copy of the contingency plan and all revisions to
all local police departments, fire departments, hospitals, and State and
local emergency response teams that may be called upon to provide
emergency services.

\(ii\) [Respondent activities]{.underline}:

Since permitted facilities submit the contingency plan with the Part B
permit application, activities associated with developing and modifying
the contingency plan are discussed in the Part B permit applications and
permit modifications portion of this ICR. Interim status facilities,
however, must prepare contingency plans prior to submitting a permit
application; therefore, preparation of the contingency plan for these
facilities is covered in this general facility standards portion of this
ICR. This portion of the ICR also includes submittal of the plan to
State and local authorities and recordkeeping activities for both
permitted and interim status facilities.

In order to comply with contingency plan requirements, owners or
operators are required to perform the following activities:

20. Read the regulations;

21. Collect the data required in the contingency plan;

22. Write the contingency plan (new interim status facilities only);

23. Submit the contingency plan to State and local authorities;

24. Maintain (e.g., photocopy and file) the contingency plan until
    closure of the facility; and

25. Amend the contingency plan when appropriate.

\[Although permitted and interim-status facilities must comply with
appropriate requirements for amending a contingency plan, this portion
of the ICR addresses only interim status facilities amending their
plans. As mentioned, permitted facilities amending their plans must
comply with sections 264.50- 264.54 and submit a permit modification
under section 270.42. These permitted facilities are addressed in the
Part B permit applications and permit modifications portion of this
ICR\].

**Emergency Reporting and Recordkeeping Requirements**

\(i\) [Data items]{.underline}:

Sections 264.56(a)(2) and 265.56(a)(2) require owners and operators to
immediately notify State and local authorities with designated response
roles of an imminent or actual emergency situation. Sections
264.56(d)(1) and 265.56(d)(1) require owners and operators to notify
local authorities if his or her assessment of a release, fire, or
explosion indicates that evacuation of local areas may be advisable.

Sections 264.56(d)(2) and 265.56(d)(2) require the facility emergency
coordinator to notify the on-scene coordinator or the National Response
Center of any release, fire, or explosion that could threaten human
health or the environment outside the facility. The emergency
notification report must include the following information:

26. Name and telephone number of reporter;

27. Name and address of facility;

28. Time and type of incident;

29. Name and quantity of material(s) involved;

30. The extent of injuries; and

31. Possible hazards to human health or the environment outside the
    facility.

Sections 264.56(i) and 265.56(i) state that the owner or operator must
notify the Regional Administrator and appropriate State and local
authorities that their facility is in compliance with §§264.56(h) and
265.56(h) before resuming operations in the affected area(s) of the
facility.

Within 15 days of the incident, owners and operators are required, under
sections 264.56(j) and 265.56(j) to submit a written report (\"owner or
operator emergency report\") on the incident to the Regional
Administrator. The report must include the following data items:

32. Name, address, and telephone number of the owner or operator;

33. Name, address, and telephone number of the facility;

34. Date, time, and type of incident;

35. Name and quantity of material(s) involved;

36. The extent of injuries;

37. An assessment of actual or potential hazards to human health or the
    environment; and

38. Estimated quantity and disposition of recovered material that
    resulted from the incident.

\(ii\) [Respondent activities]{.underline}:

In order to comply with the reporting requirements of §264.56(a)(2) and
§265.56(a)(2), owners and operators must perform the following
activities:

39. Submit the required notification of an imminent or actual emergency
    situation to State and/or local authorities.

In order to comply with the reporting requirements of §264.56(d)(1) and
§265.56(d)(1), owners and operators must perform the following
activities:

40. Notify local authorities of the owner or operator\'s recommendation
    to evacuate local areas.

In order to comply with the reporting requirements of §264.56(d)(2) and
§265.56(d)(2), owners and operators must perform the following
activities:

41. Notify the on-scene coordinator or the National Response Center of
    any release.

In order to prepare an emergency report under §264.56(d)(2) and
§265.56(d)(2), emergency coordinators must conduct the following
activities:

42. Collect the information required in the emergency report; and

43. Write the emergency notification report.

In order to prepare an owner or operator\'s emergency report under
§264.56(j) and §265.56(j), owners and operators must conduct the
following activities:

44. Read the regulations;

45. Collect the information required in the emergency report; and

46. Prepare and submit the emergency report.

In addition to preparing an emergency report, the owner or operator must
notify the Regional Administrator that the facility is in compliance
with §§264.56(h) and 265.56(h) before resuming operations in affected
areas of the facility. Respondent activities associated with this
requirement include the following:

47. Compile information that demonstrates that all affected areas are in
    compliance; and

48. Prepare and submit a letter notifying the Regional Administrator of
    this compliance.

Sections 264.56 and 265.56 require the owner or operator to note in the
operating record the time, date, and details of any incident that
requires implementing the contingency plan (§§264.56(j) and 265.56(j)).
Respondent activities associated with this requirement are burdened in
the respondent activity section for the operating record requirements.

**Closure Requirements**

**Closure Plan**

\(i\) [Data items]{.underline}:

Sections 264.112(a) and 265.112(a) state that an owner or operator must
have a written closure plan. The closure plan must include the following
data items:

49. A description of how each hazardous waste management unit at the
    facility will be closed in accordance with §§264.111 and 265.111;

50. A description of how final closure of the facility will be conducted
    in accordance with §§264.111 and 265.111. The description must
    identify the maximum extent of operations which will be unclosed
    during the active life of the facility;

51. An estimate of the maximum inventory of hazardous wastes ever on
    site over the active life of the facility. This should include a
    detailed description of the methods to be used during partial
    closures and final closure such as methods for removing,
    transporting, treating, storing, or disposing of all hazardous
    wastes, and identification of the type(s) of off-site hazardous
    waste management units to be used, if applicable;

52. A detailed description of the steps needed to remove or
    decontaminate all hazardous waste residues and contaminated
    containment system components, equipment, structures, and soils
    during partial and final closure;

53. A detailed description of other activities necessary during the
    closure period to ensure that all partial closures and final closure
    satisfy the closure performance standards, including ground-water
    monitoring, leachate collection, and run-on and run-off control;

54. A schedule for closure of each hazardous waste management unit and
    for final closure of the facility. The schedule must include, at a
    minimum:

55. The total time required to close each hazardous waste management
    unit; and

56. The time required for intervening closure activities which will
    allow tracking of the progress of partial and final closure; and

57. For facilities that use trust funds to establish financial assurance
    under §§264.143 and 265.143 and that are expected to close prior to
    the expiration of the permit, an estimate of the expected year of
    final closure.

\(ii\) [Respondent activities]{.underline}:

Since permitted facilities submit the closure plan and contingency
closure plans with the Part B permit application, activities associated
with developing and modifying the closure plan are discussed in the Part
B permit applications and permit modifications portion of this ICR.
Prior to submitting a permit application, interim status facilities must
prepare a closure plan. Therefore, preparation of and modification to
the closure plan for interim status facilities is covered in the general
facility standards portion of this ICR. This portion of the ICR also
includes activities associated with the recordkeeping aspects of the
regulations for both permitted and interim status facilities.

Maintaining the closure plan at the facility is the only respondent
activity associated with the recordkeeping aspects of this regulation.
Respondent activities associated with developing a closure plan include:

58. Read the regulations;

59. Conduct an inventory of the hazardous waste present;

60. Record results of inventory;

61. Write descriptions for the necessary closure activities;

62. Estimate final closure; and

63. Write the closure schedule.

**Notification and Amendment of the Closure Plan**

\(i\) [Data items]{.underline}:

Permit modifications for permitted facilities under section 264.112(c)
are included in the Part B permit applications and permit modifications
portion of this ICR. Under section 265.112(c), owners or operators of
interim status facilities may amend the closure plan at any time prior
to notification of partial or final closure of the facility. An owner or
operator with an approved closure plan must submit a written request to
EPA to authorize a change in the approved closure plan. The owner or
operator must amend the closure plan at least 60 days prior to the
proposed change in the facility design or operation, or no later than 60
days after an unexpected event has occurred which has affected the
closure plan. An owner or operator with an approved closure plan must
submit the amended plan to EPA.

\(ii\) [Respondent activities]{.underline}:

Interim status facilities with approved closure plans must:

64. Prepare and submit a notification of amendment; and

65. Amend and submit the plan to EPA.

**Partial Closure and Final Closure Notification**

\(i\) [Data items]{.underline}:

Under section 264.112(d)(1), owners or operators of permitted facilities
must notify the Regional Administrator of imminent closure plans.
Section 265.112(d)(1) requires owners or operators of interim status
facilities with approved closure plans to notify EPA of closure in
writing within a specified period of time before closure of the unit.
Section 265.112(d)(1) also requires owners or operators of interim
status facilities to submit a closure plan to the Regional Administrator
prior to closure. In addition, section 265.112(d)(3) requires owners or
operators of interim status facilities to submit the closure plan to the
Regional Administrator no later than 15 days after termination of
interim status unless a permit was issued simultaneously with the
termination of interim status.

\(ii\) [Respondent activities]{.underline}:

Under sections 264.112(d)(1) or 265.112(d)(1) permitted and interim
status facilities must prepare and submit a notification to EPA of
imminent closure. Interim status facilities also must submit a closure
plan under sections 265.112(d)(1) or 265.112(d)(3).

**Extensions and Allowances During the Closure Period**

\(i\) [Data items]{.underline}:

Under 40 [CFR]{.underline} 264.113 and 265.113, owners and operators may
prepare demonstrations in support of certain extensions and allowances
during the closure period. Sections 264.113(a) and 265.113(a) allow
owners and operators to request an extension for the treatment, storage,
or removal of hazardous waste. To receive such an extension, the owner
or operator must request a permit modification and demonstrate the
following:

66. Treatment, storage, and removal activities will, of necessity, take
    longer than 90 days to complete; or

67. The hazardous waste management unit or facility has the capacity to
    receive additional hazardous or non-hazardous wastes; there is a
    likelihood that operations will be recommenced within one year; and
    closure of the unit would be incompatible with continued operation
    of the site; and

68. The owner or operator has taken and will continue to take all steps
    necessary to prevent threats to human health and the environment,
    including compliance with all applicable permit requirements.

Sections 264.113(b) and 265.113(b) allow owners and operators to request
an extension of the closure period. To receive such an extension, the
owner or operator must request a permit modification and demonstrate the
following:

69. Partial or final closure activities will, of necessity, take longer
    than 180 days to complete; or

70. The hazardous waste management unit or facility has the capacity to
    receive additional hazardous or non-hazardous wastes; there is a
    reasonable likelihood that operations will be recommenced within one
    year; and closure of the unit would be incompatible with continued
    operation of the site; and

71. The owner or operator has taken and will continue to take all steps
    necessary to prevent threats to human health and the environment,
    including compliance with all applicable permit requirements.

\(ii\) [Respondent activities]{.underline}:

The burden associated with developing a permit modification for such an
extension or allowance is addressed in the Part B permit application and
permit modifications portion of this ICR. Other respondent activities
associated with obtaining an extension or allowance include the
following:

72. Prepare and submit the demonstration for an extension for treatment,
    storage, or removal of hazardous waste;

73. Prepare and submit the demonstration for an extension of the closure
    period; and

74. Prepare and submit the demonstration for receiving non-hazardous
    wastes.

**Closure Certification**

\(i\) [Data items]{.underline}:

Sections 264.115 and 265.115 require owners or operators to submit to
the Regional Administrator a certification that the unit or facility has
been closed in accordance with the specifications in the approved
closure plan. Documentation supporting the independent registered
professional engineer\'s certification must be furnished to the Regional
Administrator upon request until he or she releases the owner or
operator from the financial assurance requirements for closure under
§§264.143(i) and 265.143(h).

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with closure certification include:

75. Read the regulations;

76. Have a registered professional engineer inspect the facility;

77. Collect documentation to support the certification; and

78. Write and submit the closure certification.

**Financial Requirements**

**Financial Responsibility for Corrective Action**

\(i\) [Data items]{.underline}:

Sections 264.101(b) and 264.101(c) require owners and operators of
facilities containing solid waste management units (SWMUs) to institute
corrective action as necessary, and to provide assurances of financial
responsibility for completing such corrective action. This assurance
must contain the following data item:

79. Documented assurances of financial responsibility in the permit for
    the means of corrective action chosen.

\(ii\) [Respondent activities]{.underline}:

Fulfilling the information collection requirements for corrective action
financial assurance will include the following respondent activities:

80. Read the regulations;

81. Prepare and submit to the Regional Administrator, with the permit,
    documented assurances of financial responsibility for the corrective
    action chosen to be implemented; and

82. Demonstrate, if applicable, that permission to implement correction
    action beyond facility boundary was denied.

**Cost Estimates for Closure Care**

\(i\) [Data items]{.underline}:

Sections 264.142 and 265.142 require owners and operators to maintain a
detailed written estimate of the cost of facility closure care until
closure of the facility, in accordance with the requirements specified
in §§264.142(a) and 265.142(a). These estimates must include the
following data items:

83. An adjustment of the closure cost estimate for inflation within
    sixty days of the anniversary date of the establishment of the
    financial instrument(s) used to assure financial responsibility for
    closure (thirty days in the case of owners or operators using the
    financial test or corporate guarantee)(§§264.142(b) and 265.142(b));
    and

84. A revision of the closure estimate no later than thirty days after a
    modification has been made to the closure plan which increases the
    closure cost (§§264.142(c) and 265.142(c)).

\(ii\) [Respondent activities]{.underline}:

Since permitted facilities submit cost estimates for closure care with
the Part B permit application, activities associated with developing and
modifying the closure cost estimates are discussed in the Part B permit
applications and permit modifications portion of this ICR. Owners and
operators will need to engage in several activities in order to collect
and maintain the data required by §§264.142 and 265.142:

85. Periodically adjust the cost estimate to include inflation and/or
    revisions to the closure plan; and

86. Amend cost estimate due to closure plan changes.

**Closure Financial Assurance Requirements**

Owners or operators are required to establish and provide evidence of
financial assurance for facility closure (§§264.143 and 265.143).
Several financial instruments are described throughout this section for
the purpose of establishing financial assurance:

**(1) Closure Trust Fund**

\(i\) [Data items]{.underline}:

Sections 264.143(a) and 265.143(a) explain that owners or operators may
establish a closure trust fund in order to comply with §§264.143 and
265.143 requirements. Data items for establishing and providing evidence
of a closure trust fund include:

87. A trust agreement in compliance with §§264.143(a)(2)-(8) and (10),
    and 265.143(a)(2)-(8) and (10).

\(ii\) [Respondent activities]{.underline}:

Owners and operators establishing a trust fund in order to comply with
the closure financial assurance requirements of sections 264.143 and
265.143 will need to engage in the following respondent activities:

88. Gather and submit relevant information to the issuing institution;

89. Establish a closure trust fund, in compliance with
    §§264.143(a)(2)-(8) and (10) and 265.143(a)(2)-(8) and (10);

90. Submit an originally signed duplicate of the trust agreement to the
    EPA Regional Administrator (owners or operators of new facilities
    must submit this at least sixty days prior to receiving hazardous
    waste for treatment, storage, or disposal);

91. For owners and operators of new facilities, submit a receipt for the
    first payment under the trust agreement before the initial receipt
    of hazardous wastes; and

92. Amend trust fund due to changes in closure plan.

**(2) Surety Bond Guaranteeing Payment into a Closure Trust Fund**

\(i\) [Data items]{.underline}:

Sections 264.143(b) and 265.143(b) allow owners and operators to
establish surety bonds in order to comply with the financial assurance
requirements of sections 264.143 and 265.143. Establishing surety bonds
that guarantee payment into a closure trust fund will entail the
collection of the following data items:

93. A surety bond and trust agreement indicating the conditions of
    payment into the closure standby trust fund specified in
    §§264.143(b)(2)-(6) and (8), and 265.143(b)(2)-(6) and (8); and

94. Evidence of an increase or decrease in the closure cost estimate
    that may require the penal sum of the surety bond to be increased or
    decreased accordingly (§§264.143(b)(7) and 265.143(b)(7)).

\(ii\) [Respondent activities]{.underline}:

In collecting these data items, owners and operators will need to engage
in the following respondent activities:

95. Gather and submit relevant information to the issuing institution;

96. Establish a surety bond and trust agreement that comply with the
    financial assurance requirements of §§264.143 and 265.143;

97. Submit originally signed duplicates of the surety bond and trust
    agreement to the Regional Administrator (for new facilities, these
    must be submitted at least sixty days before receiving hazardous
    waste for disposal);

98. Submit evidence of and obtain approval from the Regional
    Administrator for alternate financial assurance mechanisms, in the
    case of cancellation of the bond by the surety;

99. Increase the penal sum amount, in the case of a corresponding
    increase in the closure cost estimate; and

100. Submit evidence of such an increase in the closure cost estimate to
     the Regional Administrator.

**(3) Surety Bond Guaranteeing Performance of Closure Care**

\(i\) [Data items]{.underline}:

Section 264.143(c) allows owners or operators of permitted facilities to
comply with §264.143 requirements by obtaining a surety bond that
guarantees performance of closure care. Data items for this option
include:

101. A surety bond and trust agreement indicating the conditions of
     payment into the standby trust fund specified in
     §§264.143(c)(2)-(6) and (8); and

102. Evidence of an increase in the closure cost estimate that may
     require the penal sum of the surety bond to be increased or
     decreased accordingly (§§264.143(c)(7)).

\(ii\) [Respondent activities]{.underline}:

In collecting these data items, owners and operators will need to engage
in the following respondent activities:

103. Gather and submit relevant information to the issuing institution;

104. Obtain a surety bond and trust agreement that comply with the
     financial assurance requirements of §264.143;

105. Submit originally signed duplicates of the surety bond and trust
     agreement to the Regional Administrator (for new facilities, these
     must be submitted at least sixty days prior to receiving hazardous
     wastes for disposal);

106. Submit evidence of and obtain approval from the Regional
     Administrator for alternate financial assurance mechanisms, in the
     case of cancellation of the bond by the surety;

107. Increase the penal sum amount, in the case of a corresponding
     increase in the closure cost estimate; and

108. Submit evidence of such an increase in the closure cost estimate to
     the Regional Administrator.

**(4) Closure Letter of Credit**

\(i\) [Data items]{.underline}:

Sections 264.143(d) and 265.143(c) specify that owners or operators may
obtain an irrevocable standby letter of credit in order to satisfy
financial assurance requirements. Data items for this information
collection include:

109. A letter of credit from an issuing institution authorized to issue
     letters of credit and whose letter-of-credit operations are
     regulated and examined by a Federal or State agency;

110. A trust agreement indicating the conditions of payment into the
     standby trust fund specified in §§264.143(d)(2)-(4) and (6), and
     265.143(c)(2)-(4) and (6);

111. Notification from the issuing institution to the owner or operator
     and EPA of a decision not to extend the expiration date mailed at
     least 120 days before the current expiration date of the letter of
     credit (§§264.143(d)(5) and 265.143(c)(5));

112. A letter (to accompany the letter of credit) from the owner or
     operator providing the following information:

113. The number, issuing institution, and date of the letter of credit;

114. The EPA identification number, name, and address of the facility;
     and

115. The amount of funds assured for closure care for the facility by
     the letter of credit; and

116. Evidence of an increase in the closure cost estimate that may
     require the amount of credit to be increased accordingly
     (§§264.143(d)(7) and 265.143(c)(7)).

\(ii\) [Respondent activities]{.underline}:

Owners and operators will need to engage in the following activities in
order to satisfy the financial assurance requirements with a closure
letter of credit:

117. Gather and submit relevant information to the issuing institution;

118. Obtain a letter of credit from an issuing institution and establish
     the stand-by trust fund;

119. Write a letter from the owner or operator to accompany the letter
     of credit;

120. Submit the following documents to the Regional Administrator:

121. The letter of credit (in the case of new permitted facilities, this
     must be submitted at least sixty days prior to receiving hazardous
     waste for treatment, storage, or disposal, pursuant to
     §§264.143(d)(1));

122. The accompanying letter from the owner or operator; and

123. An originally signed duplicate of the trust agreement;

124. Increase the amount of the letter of credit, in the case of
     corresponding increase in the closure cost estimate; and

125. Submit evidence of such an increase in the closure cost estimate to
     the Regional Administrator.

**(5) Closure Insurance**

\(i\) [Data items]{.underline}:

Owners or operators may satisfy the financial assurance requirements for
closure or post-closure care by establishing closure insurance according
to §§264.143(e) and 265.143(d). Data items for this information
collection include:

126. A closure insurance policy (identified by a certificate of
     insurance) that meets the requirements specified in
     §§264.143(e)(1)-(4) and (8), and 265.143(d)(1)-(4) and (8);

127. In the case of some interim status facilities, a letter from an
     insurer stating that an owner or operator is being considered for a
     closure insurance policy (§§265.143(d)(1)); and

128. Evidence of an increase in the closure cost estimate that may
     require the face amount of the insurance policy to be increased
     accordingly (§§264.143(e)(7) and 265.143(d)(7)).

\(ii\) [Respondent activities]{.underline}:

Collecting this data will entail the following respondent activities:

129. Gather and submit relevant information to the issuing institution;

130. Establish a closure insurance policy that satisfies the
     requirements of §§264.143 and 265.143;

131. Submit a certificate of this insurance policy to the Regional
     Administrator (for new facilities, this must be submitted at least
     sixty days prior to receiving hazardous wastes for treatment,
     storage, or disposal);

132. In the case of some interim status facilities, submit a letter from
     an insurer stating that the insurer is considering issuance of an
     insurance certificate (in this case, owners or operators must
     submit the certificate of insurance within ninety days of the
     effective date of these regulations); and

133. Submit evidence of an increase in the current closure cost estimate
     that may require the face amount of the insurance policy to be
     modified accordingly.

**(6) Financial Test and Corporate Guarantee for Closure Care**

\(i\) [Data items]{.underline}:

Sections 264.143(f) and 265.143(e) allow owners and operators to satisfy
closure financial assurance requirements by demonstrating financial
strength using the financial test specified in these sections. Data
items for this demonstration include:

134. A letter signed by the owner\'s or operator\'s chief financial
     officer and worded as specified in §264.151(f);

135. A copy of an independent certified public accountant\'s report on
     examination of the owner\'s or operator\'s financial statements for
     the latest completed fiscal year;

136. A special report from the owner\'s or operator\'s independent
     certified public accountant to the owner or operator covering the
     specifications outlined in §§264.143(f)(3)(iii) and
     265.143(e)(3)(iii);

137. If an extension of submission of the above documents is sought, a
     letter from the owner\'s or operator\'s chief financial officer to
     the Regional Administrator of each Region in which facilities to be
     covered under the financial test are located. This letter, allowed
     only under §§265.143(e)(4), must contain the following data items:

138. A request for the extension;

139. A certification that the chief financial officer believes that the
     owner or operator meets the criteria of the financial test;

140. For each facility to be covered by the test, the EPA identification
     number, name, address, and current closure cost estimates to be
     covered by the test;

141. A specification of the date (no later than ninety days after the
     end of such fiscal year) when the owner or operator will submit the
     documents specified in §§265.143(e)(3); and

142. A certification that the year-end financial statements of the owner
     or operator for such fiscal year will be audited by an independent
     certified public accountant;

143. Annual updates of the above data items;

144. A notice of intent to establish alternative financial assurance, if
     the owner or operator fails the financial test and no longer meets
     the requirements of §§264.143(f)(1) and 265.143(e)(1);

145. Reports of financial conditions as required by the Regional
     Administrator (§§264.143(f)(7) and 265.143(e)(7));

146. If applicable, a written guarantee from the parent corporation of
     the owner or operator that satisfies financial assurance
     requirements (§§264.143(f)(10) and 265.143(e)(10)); and

147. Notification from the insurer to the owner or operator and EPA of a
     decision to cancel, terminate, or fail to renew the policy
     (§265.143(e)(11)(ii)).

\(ii\) [Respondent activities]{.underline}:

Owners or operators will need to engage in the following respondent
activities in order to collect the data required by these sections:

-   Write the letter signed by the chief financial officer;

-   Submit the following documents to the Regional Administrator (for
    new facilities, these documents must be submitted at least sixty
    days prior to receiving hazardous waste for treatment, storage, or
    disposal):

-   The letter signed by the chief financial officer;

-   A copy of the independent certified public accountant\'s report; and

-   The special report from the independent certified public accountant;

-   If applicable, write and submit a letter from the chief financial
    officer requesting an extension for submission of the above
    documents;

-   Submit updated information annually;

-   If applicable, write and submit a notice, by certified mail, to the
    Regional Administrator of intent to establish other financial
    insurance;

-   Write and submit additional reports of financial condition at any
    time, as directed by the Regional Administrator; and

-   If applicable, submit the corporate guarantee from the parent
    corporation of the owner or operator.

**(7) Use of a Financial Mechanism for Multiple Facilities**

\(i\) [Data items]{.underline}:

Sections 264.143(h) and 265.143(g) specify that owners or operators may
use one of the above financial assurance mechanisms to meet the
requirements of §§264.143 and 265.143 for more than one facility. In
such cases, the owner and operator must provide the following data items
for each facility:

148. EPA identification number, name, and address; and

149. The amount of funds for closure care assured by the mechanism.

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements of these sections, owners and operators
will need to engage in the following activities:

150. Read the regulations;

151. Submit the data items listed above to the Regional Administrator;
     and

152. If the facilities covered by the mechanism are located in more than
     one Region, submit identical evidence of financial assurance to all
     the applicable Regional Administrators.

**Liability Requirements**

**(1) Coverage for Sudden or Nonsudden Accidental Occurrences**

\(i\) [Data items]{.underline}:

Sections 264.147(a) and 265.147(a) specify that owners and operators of
hazardous waste treatment, storage, and disposal facilities must
demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental occurrences arising
from operations of the facility or group of facilities. In order to
comply with these sections, owners or operators will need to gather the
following data items:

153. Liability coverage demonstrated by one of the following documents
     (data items for these documents are described in full in the
     following sections):

154. A liability insurance policy (§§264.147(a)(1), 265.147(a)(1),
     264.147(b)(1), or 265.147(b)(1)), accompanied by a signed duplicate
     original of an Hazardous Waste Facility Liability Endorsement or a
     Certificate of Liability Insurance (§§264.147(a)(1) and
     264.147(b)(1) only);

155. Written evidence of passing a financial test or a written guarantee
     for liability coverage from the owner\'s or operator\'s parent
     corporation, a firm whose parent corporation is the parent
     corporation of the owner or operator, or a firm with a
     \"substantial business relationship\" with the owner or operator
     (§§264.147(a)(2), 265.147(a)(2), 264.147(b)(2), and 265.147(b)(2));

156. A letter of credit for liability coverage (§§264.147(a)(3),
     265.147(a)(3), 264.147(b)(3), and 265.147(b)(3));

157. A surety bond for liability coverage (§§264.147(a)(4),
     265.147(a)(4), 264.147(b)(4), and 265.147(b)(4));

158. A trust fund for liability coverage (§§264.147(a)(5),
     265.147(a)(5), 264.147(b)(5), and 265.147(b)(5)); or

159. A combination of insurance, financial test, guarantee, letter of
     credit, surety bond, and trust fund (§§264.147(a)(6),
     265.147(a)(6), 264.147(b)(6), and 265.147(b)(6));

160. A written notification to the Regional Administrator whenever a
     claim or verification of a valid claim for bodily injury or
     property damages caused by the operation of a hazardous waste
     treatment, storage, or disposal facility is made against the owner
     or operator (§§264.147(a)(7), 265.147(a)(7), 264.147(b)(7), and
     265.147(b)(7)); and

161. A written notification to the Regional Administrator whenever the
     amount of financial assurance for liability coverage under one of
     the above-mentioned instruments is reduced, contingent on a claim
     or verification of a valid claim (§§264.147(a)(7), 265.147(a)(7),
     264.147(b)(7), and 265.147(b)(7)).

\(ii\) [Respondent activities]{.underline}:

Owners and operators will need to engage in the following activities in
order to comply with the information collection requirements of
§§264.147(a) and (b), and 265.147(a) and (b):

162. Establish liability coverage using one of the financial instruments
     listed above;

163. Prepare, write, and submit a notification to the Regional
     Administrator whenever a claim for bodily injury is made against
     the owner or operator; and

164. Prepare, write, and submit a notification to the Regional
     Administrator whenever the amount of financial assurance for
     liability coverage is reduced.

Submission of the two notifications listed immediately above will only
occur in the event of a claim; therefore, if no accidental releases
occur, owners or operators may never need to submit these notifications.

**(2) Liability Insurance**

\(i\) [Data items]{.underline}:

Sections 264.147(a)(1), 264.147(b)(1), 265.147(a)(1), and 265.147(b)(1)
require owners or operators to submit the following data item:

165. A duplicate of the endorsement or certificate of insurance, and, if
     requested by the Regional Administrator, a duplicate of the
     insurance policy.

\(ii\) [Respondent activities]{.underline}:

Owners and operators will need to engage in the following activities to
complete the requirements for this option:

166. Gather and submit relevant information to the issuing institution;

167. Obtain an insurance policy amended by attachment of the Hazardous
     Waste Facility Liability Endorsement or evidenced by a Certificate
     of Liability Insurance and meet other specifications outlined in
     §§264.147(a)(1), 264.147(b)(1), 265.147(a)(1), or 265.147(b)(1);

[]{.mark}

168. Submit a signed duplicate original of the endorsement or the
     certificate of insurance to the Regional Administrator, or Regional
     Administrators if the facilities are located in more than one
     Region; and

169. If requested by the Regional Administrator, submit a signed
     duplicate original of the insurance policy (for new facilities this
     must be submitted at least sixty days before receiving hazardous
     waste for treatment, storage, or disposal).

**(3) Variance of Financial Responsibility Regulations**

\(i\) [Data item]{.underline}:

Section 265.147(c) provides for a variance from the financial
responsibility requirements if the owner or operator can demonstrate
that the required levels of financial responsibility are not consistent
with the degree and duration of risk associated with treatment, storage,
or disposal at the facility. The request for a variance must be
submitted in writing to EPA, and may include technical and engineering
information that is deemed necessary by the Regional Administrator.

\(ii\) [Respondent Activities]{.underline}:

Owners and operators that wish to apply for a variance must prepare and
submit information in support of the variance.

> **(4) Adjustments by the Regional Administrator**

\(i\) [Data items]{.underline}:

Sections 264.147(d) and 265.147(d) allow Regional Administrators to
adjust the level of financial responsibility required under §§264.147
and 265.147 in order to protect human health and the environment.
Respondents will need to furnish the following data items should
Regional Administrators make such a determination:

170. Any information which the Regional Administrator requests to
     determine whether cause exists for such adjustments of level or
     type of coverage; and

171. If the Regional Administrator decides to adjust the level or type
     of coverage, the data elements necessary for a permit modification
     (detailed in the Part B permit application and permit modification
     portion of this ICR).

\(ii\) [Respondent activities]{.underline}:

Owners or operators will need to engage in the following activities in
order to satisfy the information collection requirements of this
section:

172. Submit to the Regional Administrator any requested information; and

173. Prepare, write, and submit a permit modification if the Regional
     Administrator decides to adjust level or type of coverage (specific
     respondent activities for permit modifications are detailed in the
     permit application and permit modification portion of this ICR).

**(5) Financial Test for Liability Coverage**

\(i\) [Data items]{.underline}:

Sections 264.147(f) and 265.147(f) allow owners or operators to satisfy
liability requirements by passing a financial test. Data items for these
sections include:

174. A letter signed by the owner\'s or operator\'s chief financial
     officer and worded as specified in §264.151(g); if the financial
     test is also being used to demonstrate closure financial assurance,
     the letter specified in §264.151(g) must be submitted to cover both
     forms of financial responsibility;

175. A copy of an independent certified public accountant\'s report on
     examination of the owner\'s or operator\'s financial statements for
     the latest completed fiscal year;

176. A special report from the owner\'s or operator\'s independent
     certified public accountant to the owner or operator covering the
     specifications outlined in §§264.147(f)(3)(iii) and
     265.147(f)(3)(iii);

177. If an extension of submission of the above documents is sought, a
     letter from the owner\'s or operator\'s chief financial officer to
     the Regional Administrator of each Region in which facilities to be
     covered under the financial test are located. This letter, allowed
     only under §265.147(f)(4), must contain the following data items:

178. A request for the extension;

179. A certification that the chief financial officer believes that the
     owner or operator meets the criteria of the financial test;

180. For each facility to be covered by the test, the EPA identification
     number, name, address, and current closure cost estimates to be
     covered by the test;

181. A specification of the date (no later than ninety days after the
     end of such fiscal year) when the owner or operator will submit the
     documents specified in §§265.147(f)(3); and

182. A certification that the year-end financial statements of the owner
     or operator for such fiscal year will be audited by an independent
     certified public accountant;

183. Annual updates of the above data items; and

184. Should the owner or operator fail the test and no longer meet the
     requirements of §§264.147(f)(1) or 265.147(f)(1), evidence of
     insurance obtained for the entire amount of required liability
     coverage specified in §§264.147 and 265.147.

\(ii\) [Respondent activities]{.underline}:

Owners or operators will need to engage in the following respondent
activities in order to collect the data required by these sections:

185. Write the letter signed by the chief financial officer;

186. Submit the following documents to the Regional Administrator (for
     new facilities, these documents must be submitted at least sixty
     days prior to receiving hazardous waste for treatment, storage, or
     disposal):

187. The letter signed by the chief financial officer;

188. A copy of an independent certified public accountant\'s report; and

189. The special report from an independent certified public accountant;

190. If applicable, write and submit a letter from the chief financial
     officer requesting an extension for submission of the above
     documents;

191. Submit updated information annually; and

192. Should the owner or operator fail the test and no longer meet
     §§264.147 or 265.147 requirements, submit evidence to the Regional
     Administrator of insurance obtained for the entire amount of
     required liability coverage specified in these sections.

**(6) Guarantee for Liability Coverage**

\(i\) [Data items]{.underline}:

Sections 264.147(g) and 265.147(g) allow owners or operators to meet
liability requirements by obtaining a written guarantee, under the
conditions specified in §§264.147(g)(2) and 265.147(g)(2). Data items
for this option include:

193. A certified copy of a written guarantee from the direct or
     higher-tier parent corporation of the owner or operator, a firm
     whose parent corporation is the parent corporation of the owner or
     operator, or a firm with a \"substantial business relationship\"
     with the owner or operator; and

194. In the case of corporations incorporated in the United States, a
     written statement from applicable Attorney(s) General or Insurance
     Commissioners to EPA indicating that a guarantee executed as
     described in the regulations is a legally valid and enforceable
     obligation in that State (§§264.147(g)(2) and 265.147(g)(2)).

195. In the case of corporations incorporated outside the United States,
     identification by the non-U.S. corporation of a registered agent
     for service of process in each State in which the facility covered
     by the guarantee is located and in the State in which it has its
     principal place of business, and a written statement from
     applicable Attorney(s) General or Insurance Commissioner of each
     applicable State indicating that a guarantee executed as described
     in the regulations is a legally valid and enforceable obligation in
     that State (§§264.147(g)(2) and 265.147(g)(2)).

196. A letter from the guarantor\'s chief financial officer as specified
     in §§264.147(f)(3) and 265.147(f)(3) that demonstrates that the
     guarantor has passed the financial test.

\(ii\) [Respondent activities]{.underline}:

Owners or operators will need to engage in the following respondent
activities in order to collect the data required by these sections:

197. Obtain a written guarantee from the direct or higher-tier parent
     corporation of the owner or operator, a firm whose parent
     corporation is the parent corporation of the owner or operator, or
     a firm with a \"substantial business relationship\" with the owner
     or operator;

198. Submit a certified copy of this written guarantee to the Regional
     Administrator along with the items specified in §§264.147(f)(3) and
     265.147(f)(3); and

199. Submit a letter from the guarantor\'s chief financial officer as
     specified in §§264.147(f)(3) and 265.147(f)(3) that demonstrates
     that the guarantor has passed the financial test ; and

200. Submit updated information annually.

**(7) Letter of Credit for Liability Coverage**

\(i\) [Data items]{.underline}:

Sections 264.147(h) and 265.147(h) allow owners or operators to satisfy
financial requirements for liability by obtaining the following data
item:

201. An irrevocable standby letter of credit that conforms to applicable
     requirements and is submitted from a financial institution with the
     authority to issue letters of credit, whose letter of credit
     operations are regulated and examined by a Federal or State agency,
     and whose letters of credit meet the requirements of §264.147(h).

\(ii\) [Respondent activities]{.underline}:

Owners or operators using this option to satisfy financial assurance for
liability will need to engage in the following activities:

202. Gather and submit relevant information to the issuing institution;

203. Obtain the standby letter of credit described above; and

204. Submit a copy of this letter of credit to the Regional
     Administrator.

**(8) Surety Bond for Liability Coverage**

\(i\) [Data items]{.underline}:

Sections 264.147(i) and 265.147(i) allow owners or operators to satisfy
financial requirements for liability. Under sections 264.147(i)(4) and
265.147(i)(4), a surety bond may be used to satisfy the requirements of
this section only if the applicable Attorneys General or Insurance
Commissioners have submitted a written statement to EPA that a surety
bond executed as described in the regulations is a legally valid and
enforceable obligation in that State. The owner or operator must obtain
the following data item:

205. A surety bond (and other information, where applicable) that
     conforms to the requirements specified in §§264.147(i) and
     265.147(i).

\(ii\) [Respondent activities]{.underline}:

Owners or operators using this option to satisfy financial assurance for
liability will need to engage in the following activities:

206. Gather and submit relevant information to the issuing institution;

207. Obtain the surety bond described above; and

208. Submit a copy of this surety bond to the Regional Administrator.

**(9) Trust Fund for Liability Coverage**

\(i\) [Data items]{.underline}:

Sections 264.147(j) and 265.147(j) allow owners or operators to satisfy
financial requirements for liability by establishing a trust fund which
involves collection of the following data item:

209. A trust agreement that conforms to the requirements specified in
     §§264.147(j) and 265.147(j).

\(ii\) [Respondent activities]{.underline}:

Owners or operators using this option to satisfy financial assurance for
liability will need to engage in the following activities:

210. Gather and submit relevant information to the issuing institution;

211. Establish the trust fund described above; and

212. Submit an originally signed duplicate of the trust agreement to the
     Regional Administrator.

**Incapacity of Owners or Operators, Guarantors, or Financial
Institutions**

\(i\) [Data items]{.underline}:

Sections 264.148 and 265.148 require owners or operators to submit the
following data item if applicable:

213. A notification of the commencement of a voluntary or involuntary
     proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner
     or operator as debtor (if the guarantor is named as the debtor, the
     collection of this data is the guarantor\'s responsibility).

\(ii\) [Respondent activities]{.underline}:

Activities for this data collection will include:

214. Submit, by certified mail, a notice to the Regional Administrator
     indicating the commencement of bankruptcy proceedings in which the
     owner or operator or guarantor is named as debtor.

**Use of State-Required Mechanisms**

\(i\) [Data items]{.underline}:

Sections 264.149 and 265.149 allow owners or operators to use
State-required financial assurance mechanisms to meet §§264.143,
264.147, 265.143, or 265.147 requirements. Data items for this option
include:

215. A letter from the owner or operator requesting that the
     State-required mechanism be considered acceptable for meeting the
     requirements of this subpart;

216. Evidence of the establishment of a State-required mechanism,
     including the following information:

217. The facility\'s EPA identification number, name, and address; and

218. The amount of funds for closure care or liability coverage assured
     by the mechanism; and

219. Any additional information required by the Regional Administrator
     in order to make the determination.

\(ii\) [Respondent activities]{.underline}:

Activities for this data collection will include:

220. Submit to the Regional Administrator:

221. The letter from the owner or operator;

222. Written evidence of the establishment of a State-required financial
     assurance mechanism; and

223. Any additional information requested by the Regional Administrator.

**State Assumption of Responsibility**

\(i\) [Data items]{.underline}:

Sections 264.150 and 265.150 require owners or operators to notify EPA
when a State assumes legal responsibility or assures availability of
funds for an owner\'s or operator\'s compliance with the closure or
liability requirements of this part. Data items to be collected in this
case include:

224. A letter from the owner or operator requesting that the State\'s
     assumption of responsibility be considered acceptable for meeting
     the requirements of this subpart;

225. A letter from the State describing the nature of the State\'s
     assumption of responsibility, including the following information:

226. The facility\'s EPA identification number, name, and address; and

227. The amount of funds for closure care or liability coverage that are
     guaranteed by the State; and

228. Any additional information which the Regional Administrator deems
     necessary to make the determination whether the State\'s assumption
     of responsibility is acceptable.

\(ii\) [Respondent activities]{.underline}:

Activities for this data collection will include:

229. Submit to the Regional Administrator:

230. The letter from the owner or operator;

231. The letter from the State describing the State\'s assumption of
     responsibility and including the information specified above; and

232. Any additional information requested by the Regional Administrator.

**Conditions Applicable to All Permits**

\(i\) [Data items]{.underline}:

40 [CFR]{.underline} Part 270, Subpart C specifies conditions applicable
to all permitted facilities. 40 [CFR]{.underline} 270.30(h) requires
owners and operators of permitted facilities to furnish any relevant
information requested by EPA to determine whether cause exists for
modifying, revoking and reissuing, or terminating a permit, or to
determine compliance with the permit. Section 270.30(j)(2) and (3)
requires permittees to retain records of all monitoring information,
copies of all reports required by the permit, the certification required
by §264.73(b)(9), and records of all data used to complete the
application for a period of at least three years from the date of the
sample, measurement, report, certification, or application. \[These
requirements are burdened in the section entitled \"Operating Record\"
of this ICR.\] In addition, section 270.30(l) specifies the following
reporting requirements, which are applicable to all permitted
facilities:

233. Prompt notice of planned physical alternations or additions
     (§270.30(l)(1));

234. Notice of planned changes or activities which may result in
     noncompliance with permit requirements (§270.30(l)(2));

235. Letter certifying that the facility has been constructed or
     modified in compliance with the permit (§270.30(l)(2)(i);

236. Monitoring reports, submitted at the intervals specified in the
     permit (§270.30(l)(4));

237. Reports of compliance or noncompliance, or any progress reports on,
     interim and final requirements contained in any compliance schedule
     of the permit, submitted no later than 14 days following each
     schedule date (§270.30(l)(5));

238. A report containing information concerning a release that may
     threaten drinking water supplies (§270.30(l)(6)(i)(A)), or
     information concerning a release, fire, or explosion which could
     threaten human health or the environment outside the facility
     (§270.30(l)(6)(i)(B)), within 24 hours from the time the permittee
     becomes aware of the circumstances. Such a report must include the
     following information:

239. Name, address, and telephone number of the owner or operator;

240. Name, address, and telephone number of the facility;

241. Date, time, and type of incident;

242. Name and quantity of material(s) involved;

243. The extent of injuries, if any;

244. An assessment of actual or potential hazards to the environment and
     human health outside the facility; and

245. Estimated quantity and disposition of recovered material that
     resulted from the incident.

246. A written notice within five days of noncompliance, or a written
     report within 15 days, that includes a description of the
     noncompliance and its cause, the period of noncompliance, the
     anticipated time the noncompliance is expected to continue, and
     steps taken to reduce, eliminate, and prevent reoccurrence of the
     noncompliance (§270.30(l)(6)(iii));

247. Report of any manifest discrepancy, as required by §264.72
     (§270.30(l)(7)). \[This requirement is burdened in \"Requirements
     for Generators, Transporters, and Waste Management Facilities Under
     the RCRA Hazardous Waste Manifest System\", ICR #801.\];

248. Report of any receipt of unmanifested waste, as required by §264.76
     (§270.30(l)(8)). \[This requirement is burdened in \"Requirements
     for Generators, Transporters, and Waste Management Facilities Under
     the RCRA Hazardous Waste Manifest System\", ICR #801.\];

249. A biennial report covering facility activities, as required by
     §264.75 (§270.30(l)(9)). \[This requirement is burdened in the
     \"Hazardous Waste Report ICR\", ICR #976.\]

250. Report of other noncompliance not submitted with monitoring
     reports, compliance schedule reports, and reports of releases,
     fires, or explosions (§270.30(l)(10)); and

251. For cases where the permittee becomes aware that he or she failed
     to submit any relevant facts in a permit application, or submitted
     incorrect information in any permit application or report,
     corrected or new information (§270.30(l)(11)).

\(ii\) [Respondent activities]{.underline}:

In order to comply with 40 [CFR]{.underline} Part 270, Subpart C, owners
and operators of permitted facilities must perform the following
activities:

252. Prepare and submit the required information as described above.

***SPECIFIC UNIT REQUIREMENTS FOR BIFs***

**Exemptions from the BIF Regulations**

**Exemptions for Metal Recovery Furnaces**

\(i\) [Data items]{.underline}:

40 [CFR]{.underline} 266.100(d) provides owners and operators of metal
recovery furnaces (smelting, melting and refining furnaces, but not
cement kilns, aggregate kilns, or HAFs) that process hazardous waste
solely for metal recovery, with the opportunity to be conditionally
exempt from the requirements of sections 266.102 through 266.111. The
owner or operator must provide the following information to obtain this
exemption:

253. A one-time written notice to the Director indicating the following:

254. The owner or operator\'s claim of exemption under §266.100(c)(1);

255. A statement assuring that the hazardous waste is burned solely for
     metal recovery consistent with

the provisions of §266.100(c)(2);

256. A statement that the hazardous waste contains recoverable levels of
     metals; and

257. Assurance that the owner or operator will comply with the sampling
     and analysis and

recordkeeping requirements contained in §266.100(c).

258. Records documenting compliance with §266.100(c) including:

259. Records of the sampling and analysis of the hazardous waste and
     other feedstocks;

260. Documentation of the limits on levels of toxic organic constituents
     and Btu values of the waste; and

261. Documentation on the levels of recoverable metals in the hazardous
     waste compared to the

normal nonhazardous feedstocks.

262. In addition to being subject to the requirements for all metal
     recovery furnaces, the owners or operators of a lead or
     nickel-chromium recovery furnace, or a metal recovery furnace that
     burns baghouse bags used to capture metallic dusts emitted by steel
     manufacturing, must provide a one-time written notice to the
     Director, which contains the following information:

263. Identification of each hazardous waste burned;

264. Specification of whether the owner or operator claims an exemption
     for each waste under

§266.100(c)(1) or §266.100(c)(3); and

265. Certification that hazardous waste is burned under the provisions
     of §266.100(c)(3) and that sampling and analysis will be conducted
     or other information will be obtained as necessary to ensure
     continued compliance with these requirements, as required by
     §266.100(c)(3)(D).

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with §266.100(c) include:

> • Read the regulations;
>
> • Prepare and submit a one-time notice (§266.100(c)(1)(i));
>
> • Sample and analyze the hazardous waste and other feedstocks
> (§266.100(c)(1)(ii));
>
> • Maintain records until closure of the facility to document
> compliance (§266.100(c)(1)(iii)); and
>
> • Prepare and submit a one-time notice for a lead or nickel-chromium
> recovery furnace, or a metal recovery furnace that burns baghouse bags
> used to capture metallic dusts emitted by steel manufacturing
> (§266.100(c)(3)).

**Exemptions for Smelting, Melting, and Refining Furnaces that recover
Precious Metals**

\(i\) [Data items]{.underline}:

Section 266.100(g) allows owners and operators of smelting, melting, and
refining furnaces (including pyrometallurgical devices) that process
hazardous waste for recovery of economically significant amounts of the
precious metals gold, silver, platinum, palladium, or ruthenium to be
conditionally exempt from the requirements of §§266.101 through 266.111.
Data items required to obtain this exemption include the following:

> • A one-time written notice to the Director indicating the following:
>
> • The owner or operator\'s claim of exemption under §266.100(g);
>
> • A statement that the hazardous waste is burned for legitimate
> recovery of precious metal; and
>
> • Assurance that the owner or operator will comply with the sampling
> and analysis and recordkeeping requirements specified in §266.100(g).

• Documentation indicating that all hazardous wastes burned are burned
for recovery of economically significant amounts of precious metals.

\(ii\) [Respondent activities]{.underline}:

In order to comply with the requirements of §266.100(f), owners and
operators must perform the following activities:

> • Read the regulations;
>
> • Prepare and submit a one-time notice (§266.100(g)(1));
>
> • Sample and analyze the hazardous waste as necessary to document that
> the waste is burned for recovery of economically significant amounts
> of precious metals (§266.100(g)(2)); and
>
> • Maintain records until closure of the facility to document that all
> hazardous wastes burned are burned for recovery of economically
> significant amounts of precious metal (§266.100(g) (3))

**Lead Recovery Furnace Exemptions**

\(i\) [Data items:]{.underline}

As required by section 266.100(h), lead recovery furnaces processing
hazardous waste for the recovery of lead are subject to regulation under
the Secondary Lead Smelting NESHAP. Such facilities are conditionally
exempt from regulation under section 266, except for section 266.101.
Facilities desiring this exemption must provide a one-time notice to EPA
identifying each hazardous waste burned and specify that the lead
recovery furnace claims the exemption. The notice must also demonstrate
that the waste burned has a total concentration of organic compounds
listed in 40 [CFR]{.underline} Part 261, Appendix VIII of less than 500
ppm by weight, as fired and as provided in 40 [CFR]{.underline}
266.100(d)(2)(i), or is listed in 40 [CFR]{.underline} Part 266,
Appendix XI.

\(ii\) [Respondent activity]{.underline}:

• Prepare and submit a one-time notice identifying each hazardous waste
burned, specifying that the receiving lead recovery furnace claims the
exemption, and demonstrating that the waste complies with 40
[CFR]{.underline} Part 266 requirements.

**Small Quantity On-Site Burner Exemption**

\(i\) [Data items]{.underline}:

40 [CFR]{.underline} 266.108 specifies the requirements for exemption
from the regulations of this subpart for facilities that burn hazardous
waste in a small quantity on-site boiler or industrial furnace. The
owner or operator of facilities qualifying for the small quantity burner
exemption must provide the following data items:

> • A one-time signed, written notice to EPA indicating the following:
>
> • The combustion unit is operating as a small quantity burner of
> hazardous waste;
>
> • The owner and operator are in compliance with the requirements of
> Section 266.108; and
>
> • The maximum quantity of hazardous waste that the facility may burn
> per month as provided by §266.108(a)(1);
>
> • Documentation demonstrating compliance with the hazardous waste
> quantity, firing rate, and heating value limits of §266.108 including:
>
> • The quantity of hazardous waste and other fuel burned in each unit
> per calendar month; and
>
> • The heating value of the hazardous waste.

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with section 266.108 include:

> • Read the regulations;
>
> • Gather and analyze data to determine whether the boiler or
> industrial furnace qualifies for a small quantity burner exemption
> (§266.108(a)-(c));
>
> • Prepare and submit notification of qualification for exemption
> (§266.108(d)); and
>
> • Maintain records documenting hazardous waste quantity, firing rate,
> and heating value limits until closure of the facility (§266.108(e)).

**Permit Standards**

**Monitoring and Inspections**

\(i\) [Data items]{.underline}:

Owners and operators of permitted BIF units must operate in accordance
with the operating requirements specified in the permit at all times
when there is hazardous waste in the unit. Facilities with permitted BIF
units are required to comply with standards that control the following
emissions:

-   Organic emissions by limiting CO emissions, and in some cases, HC
    emissions to specified levels and complying with a DRE Standard
    (§266.104);

-   Particulate matter emissions by limiting particulate emissions to
    specified levels(§266.105)

-   Metals emissions by complying with specified Tier I feed rate
    screening limits, Tier II emission rate screening limits, Tier III
    site-specific risk assessments, adjusted Tier I feed rate screening
    limits, or an alternative implementation approach (§266.106); and

-   HCl and Cl~2~ gas emissions by complying with Tier I feed rate
    screening limits, Tier II emission rate screening limits, Tier III
    site-specific risk assessments, or adjusted Tier I feed rate
    screening limits (§266.107).

Appendix IX, section 2 includes information collection requirements
covering performance specifications for continuous emissions monitoring
systems (CEMS). Appendix IX, section 3 includes information collection
requirements covering sampling and analytical methods. 40
[CFR]{.underline} 266.102(e) specifies operating requirements for BIFs
burning hazardous waste. Each of these sections and their associated
information collection requirements are discussed below.

Appendix IX, section 2 contains procedures that are intended to be used
to evaluate the acceptability of the CEMS at the time of its
installation or whenever specified in the regulations or permits. Data
items associated with Appendix IX, section 2 include the following:

> • If the combustion unit is taken out of service during the
> calibration drift (CD) test period, records of the onset and duration
> of downtime;
>
> • If periodic automatic or manual adjustments are made to the CEMS
> zero and calibration settings, a record of the CEMS response
> immediately after a calibration drift test and a data sheet
> summarizing the results;
>
> • Records of the time (upscale response time) required to reach 95
> percent of the stable value during the calibration drift test;
>
> • Records of the responses of the CEMS at three measurement points;
>
> • Data sheets summarizing results;
>
> • Reports of data from all performance test methods (PTM);
>
> • A tabular summary of the results of the calibration drift, relative
> accuracy (RA), response time, and calibration error test, as
> appropriate;
>
> • A demonstration for an alternative RA procedure, if desired;
>
> • A quality assurance program to evaluate and monitor CEMS
> performance;
>
> • A demonstration for an alternative calibration procedure; and
>
> • Records of HC emissions.

Appendix IX, section 3 contains procedures for sampling and analysis of
metals, hexavalent chromium, HCl and Cl~2~, PCDDs and PCDFs, and
aldehydes and ketones. This ICR assumes that most Appendix IX, section 3
sampling and analysis will be performed during the trial burn, and has
therefore been subsumed under the burden for conducting a trial burn,
which is included in the Part B permit application and permit
modifications portion of this ICR. However, facilities that choose to
use an alternative metals implementation approach, instead of monitoring
the feed rate of metals in each feedstream, will need to perform metals
emissions monitoring on a daily basis. Data items for these facilities
include the following:

> • For metals emissions, records of the data for sampling trains; and
>
> • For monitoring of metals, records of emissions data and a laboratory
> log for all calibrations.

Section 266.102(e)(8) requires the owner or operator to maintain the
following data items while burning hazardous waste:

> • If specified by the permit, documentation of the monitoring of feed
> rates and composition of hazardous waste, other fuels, and industrial
> furnace feedstocks, and feed rates of ash, metals, and total chloride
> and chlorine, if specified by the permit;
>
> • If specified by the permit, a record of the monitoring of carbon
> monoxide, hydrocarbons, and oxygen on a continuous basis at a common
> point in the boiler or industrial furnace downstream of the combustion
> zone and prior to release of stack gases to the atmosphere in
> accordance with the operating requirements specified in
> §266.102(e)(2)(ii);
>
> • Upon request of the Director, documentation of the sampling and
> analysis of the hazardous waste and (other fuels and industrial
> furnace feed stocks as appropriate), residues, and exhaust emissions;
>
> • Record of daily visual inspections of the boiler or industrial
> furnace and associated equipment for leaks, spills, fugitive
> emissions, and signs of tampering;
>
> • Record of weekly or monthly testing of the automatic hazardous waste
> feed cutoff system and associated alarms when hazardous waste is
> burned to verify operability; and
>
> • If desired, a demonstration submitted to the Director that weekly
> inspections will unduly restrict or upset operations and that less
> frequent inspections will be adequate.

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements of Appendix IX, section 2, owners and
operators must perform the following activities:

> • Read the regulations;
>
> • Test the CD, response time, CE test procedure, and RA test
> procedure; record data; maintain monitors (Appendix IX, section 2);
>
> • If the combustion unit is taken out of service during the CD test
> period, record the onset and duration of downtime (Appendix IX,
> sections 2.1.5.2 and 2.2.5.2);
>
> • If periodic automatic or manual adjustments are made to the CEMS
> zero and calibration settings, record the CEMS response immediately
> after a calibration drift test (Appendix IX, sections 2.1.6.1.1 and
> 2.2.6.1.1);
>
> • Record the time (upscale response time) required to reach 95 percent
> of the stable value during the CD test (Appendix IX, sections
> 2.1.6.2.1 and 2.2.6.2.1);
>
> • Record the responses of the CEMS at three measurement points
> (Appendix IX, sections 2.1.6.3.1.2 and 2.2.6.3.1.2);
>
> • Summarize results on data sheets (Appendix IX, sections 2.1.6.1.2,
> 2.1.6.3.2, 2.1.6.4.5, 2.2.6.1.2, and 2.2.6.3.2);
>
> • Prepare a report of the data from all performance test methods
> (Appendix IX, section 2.1.6.4.3);
>
> • Prepare and submit a report of the results of the CD, RA, response
> time, and CE test, as appropriate (Appendix IX, section 2.1.8 and
> 2.2.8);
>
> • Prepare and submit a request for an alternative RA procedure
> (Appendix IX, section 2.1.9.2);
>
> • Develop a quality assurance program to evaluate and monitor CEMS
> performance (Appendix IX, sections 2.1.10 and 2.2.9);
>
> • Prepare and submit a demonstration for an alternative calibration
> procedure (Appendix IX, section 2.1.10.1 and 2.2.9.1);
>
> • Conduct a quarterly CE test (Appendix IX, section 2.1.10.3 and
> 2.2.9.3); and
>
> • Conduct an annual performance specification test (Appendix IX,
> section 2.1.10.4 and 2.2.9.4).

To comply with the requirements of Appendix IX, section 3 (also known as
SW 846), owners and operators of facilities using an alternative
implementation approach for metals must perform the following
activities:

> • Read the regulations;
>
> • Determine metals emissions (Appendix IX, section 3.1);
>
> • For monitoring of metals emissions, record data for sampling trains
> (Appendix IX, sections 3.1.5.1.5); and
>
> • For monitoring of metals emissions, record emissions data and
> maintain a laboratory log for all calibrations (Appendix IX, section
> 3.1.6).

To comply with the requirements of section 266.102(e), owners and
operators must perform the following activities:

> • Read the regulations;
>
> • Conduct monitoring and inspections of hazardous waste, other fuels
> and feedstock, and stack gas emissions (§266.102(e)(8)(i));
>
> • Inspect the boiler or industrial furnace and associated equipment at
> least daily (§266.102 (e)(8)(iii));
>
> • Inspect the hazardous waste feed cutoff system and associated alarms
> at least weekly (§266.102(e)(8)(iv)); or
>
> • Demonstrate that weekly inspections of the hazardous waste feed
> cutoff system will unduly restrict or upset operations and, if
> approved, conduct operational testing once every 30 days
> (§266.102(e)(8)(iv)); and
>
> • Record monitoring and inspection data in the operating log
> (§266.102(e)(8)(v)).

**Recordkeeping**

\(i\) [Data items]{.underline}:

40 [CFR]{.underline} 266.102(e)(10) requires owners and operators to
maintain the monitoring and inspection data items specified in
§266.102(e) in the operating record until closure of the facility.

\(ii\) [Respondent activities]{.underline}:

The owner or operator must retain all of the information and data
required by section 266.102(e) in the operating record of the facility
until closure of the facility (§266.102(e)(10)).

**Interim Status Standards**

**Purpose, Scope, and Applicability**

Section 266.103(a) establishes minimum national standards for owners and
operators of existing boilers and industrial furnaces (i.e., BIFs that
on or before August 21, 1991, are either in operation burning or
processing hazardous waste, or for which construction has commenced)
that burn hazardous waste during the period of interim status. Data
items associated with these standards include the following:

> • For industrial furnaces that feed hazardous waste for a purpose
> other than solely as an ingredient at any location other than the hot
> end where fuels are normally fired, documentation that adequate oxygen
> is present in combustion gases to combust organic constituents in the
> waste;
>
> • Documentation showing that impermissible dilution to meet the 500
> ppm limit for Part 261, appendix VIII nonmetals has not occurred;
>
> • Documentation showing that impermissible blending to augment the
> waste\'s heating value has not occurred, unless the hazardous waste is
> burned solely as an ingredient, or for the purposes of compliance
> testing for less than 720 hours; or
>
> • Demonstration submitted to the Director for an allowance to burn
> hazardous waste with a heating value of less than 5,000 Btu/lb that
> shows that prior to August 21, 1991:
>
> • The boiler or industrial furnace is operating under the interim
> status standards for incinerators provided by Subpart O of Part 265 or
> the interim status standards for thermal treatment units provided by
> Subpart P of Part 265;
>
> • The boiler or industrial furnace met the interim status eligibility
> requirements under §270.70 for Subpart O or Subpart P of Part 265; and
>
> • Hazardous waste with a heating value less than 5,000 Btu/lb was
> burned prior to that date; or
>
> • The waste was burned in a halogen acid furnace as an excluded
> ingredient under §261.2(e) prior to February 21, 1991.

\(ii\) [Respondent activities]{.underline}:

Owners or operators will need to engage in the following activities in
order to satisfy the information collection requirements of this
section:

> • Read the regulations;
>
> • Determine that adequate oxygen is present in the combustion gases
> and retain documentation until closure of the facility
> (§266.103(a)(5)(i)(B));
>
> • Analyze waste to determine the concentration (in ppm) of Part 261,
> appendix VIII non-metal compounds (§266.103(a)(5)(ii)(A));
>
> • Maintain documentation until closure of the facility that
> impermissible dilution has not occurred (§266.103(a)(5)(ii)(A));
>
> • Analyze waste to determine heating value (in Btu/lb)
> (§§266.103(a)(5)(ii)(A) and 266.103(a)(6));
>
> • Maintain documentation until closure of the facility that
> impermissible blending has not occurred (§§266.103(a)(5)(ii)(B) and
> 266.103(a)(6));
>
> • Prepare and submit documentation to support an allowance for burning
> hazardous waste that has a heating value of less than 5,000 Btu/lb
> (§266.103(a)(6)(iii)); and
>
> • Prepare and maintain documentation until closure of the facility to
> support an allowance for burning such waste in a halogen acid furnace
> (§266.103(a)(6)(iv)).

**Certification of Precompliance**

Section 266.103(b) and Appendix IX, section 10.6 include requirements
and procedures covering the preparation and submittal to the Director of
a certification of precompliance. This certification establishes limits
for the operating parameters at the facility. Appendix IX, section 9.4
also requires owners and operators to develop and maintain supporting
documentation for the methods used to justify the air pollution control
removal efficiency employed, and to provide this documentation upon
request. Data items associated with the certification of precompliance
include the following:

> • A record of all assumptions and calculations necessary to justify
> the air pollution control system removal efficiency used;
>
> • Documentation fulfilling the requirements specified in
> §§266.103(b)(2)(i) through 266.103(b)(2)(ix) that supports the
> determination that the limits established for the operating parameters
> are not likely to result in an exceedance of the allowable emission
> rates for particulate matter, metals, HCl, and Cl~2~;
>
> • Documentation that establishes the limits on the following
> parameters:
>
> • Feed rate of total hazardous waste and (unless complying with the
> Tier I or adjusted Tier I metals feed rate screening limits under
> §266.106(b) or (e)) pumpable hazardous waste;
>
> • Feed rate of each metal in the following feed streams:
>
> • Total feed streams, except for industrial furnaces that comply with
> §266.103(b)(4), which specifies limits on the concentration of each
> metal in collected particulate matter in lieu of feed rate limits for
> total feed streams;
>
> • Total hazardous waste feed; and
>
> • Total pumpable hazardous waste feed, unless complying with
> §266.106(b) or (e);
>
> • Total feed rate of chlorine and chloride in total feed streams;
>
> • Total feed rate of ash in total feed streams, except that the total
> ash feed rate for cement kilns and light-weight aggregate kilns is not
> limited; and
>
> • Maximum production rate of the device in appropriate units when
> producing normal product.
>
> • Certification that the facility will operate within the established
> operating limits during interim status until a revised certification
> of precompliance or a certification of compliance is submitted;
>
> • Records of continuous monitoring of feed rates and production rates
> under either of the following methods:
>
> • Instantaneous limits; or
>
> • Hourly rolling average limits;
>
> • A notice for publication in a major local newspaper of general
> circulation that contains the information specified in
> §§266.103(b)(6)(i) through 266.103(b)(6)(x);
>
> • Copy of the public notice sent to the appropriate units of State and
> local government;
>
> • A BIF correspondence file, which must include all correspondence
> between the facility and the Director, State, and local regulatory
> officials;
>
> • Evidence of submitting the notice for publication sent to the
> Director;
>
> • Record of continuous monitoring of other operating parameters;
>
> • Revised certification of precompliance, if the owner or operator
> wishes to revise at any time the information and operating conditions
> documented under §266.103(b)(2) and §266.103(b)(3); and
>
> • Certification of precompliance statement as specified in
> §266.103(b)(9).

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements of section 266.103(b) and Appendix IX,
section 9.4, owners or operators must perform the following activities:

> • Read the regulations;
>
> • Prepare a record of all assumptions and calculations necessary to
> justify the air pollution control system removal efficiency used
> (Appendix IX, section 9.4);
>
> • Submit the above record, upon request (Appendix IX, section 9.4);
>
> • Prepare and submit the information required in the certification of
> precompliance (§266.103(b)(1)-(2));
>
> • Establish limits on operating conditions and certify that the
> facility will operate within the limits (§266.103(b)(3));
>
> • Measure and record feed rates and production rates (§266.103(b)(5));
>
> • Prepare and submit a public notice (§266.103(b)(6));
>
> • Maintain the BIF correspondence file until closure of the facility
> (§266.103(b)(6)(viii)(B));
>
> • Monitor other operating parameters and maintain records until
> closure of the facility (§266.103(b)(7));
>
> • Prepare and submit revised certification of precompliance, if
> necessary (§266.103(b)(8)); and
>
> • Submit the certification of precompliance statement
> (§266.103(b)(9)).

**Certification of Compliance**

Under 40 [CFR]{.underline} 266.103(c), owners and operators of boilers
and industrial furnaces must conduct emissions testing to document
compliance with the emissions standard of §§266.104(b) thorough (e),
266.105, 266.106, 266.107 and 266.103(a)(5)(i)(D). Data items required
under this section include the following:

> • Certification of compliance that includes the limits on the
> following parameters based on operations during the compliance test:
>
> • Feed rate of total hazardous waste and (unless complying with the
> Tier I or adjusted Tier I metals feed rate screening limits under
> §266.106(b) or (e)) pumpable hazardous waste;
>
> • Feed rate of each metal in the following feed streams:
>
> • Total feed streams, except that industrial furnaces that must comply
> with the alternative metals implementation approach under
> §266.103(c)(3)(ii) must specify limits on the concentration of each
> metal in collected particulate matter in lieu of feed rate limits for
> total feed streams;
>
> • Total hazardous waste feed (unless complying with the Tier I or
> adjusted Tier I metals feed rate screening limits under §266.106(b) or
> (e)); and
>
> • Total pumpable hazardous waste feed;
>
> • Total feed rate of chlorine and chloride in total feed streams;
>
> • Total feed rate of ash in total feed streams, except that the total
> ash feed rate for cement kilns and light-weight aggregate kilns is not
> limited;
>
> • Carbon monoxide concentration, and where required, HC concentration
> in stack gas. When complying with the CO controls of §266.104(b), the
> CO limit is 100 ppmv, and when complying with the HC controls of
> §266.104(c), the HC limit is 20 ppmv. When complying with the CO
> controls of §266.104(c), the CO limit is established based on the
> compliance test;
>
> • Maximum production rate of the device in appropriate units when
> producing normal product;
>
> • Maximum combustion chamber temperature where the temperature
> measurement is as close to the combustion zone as possible and is
> upstream of any quench water injection (unless complying with the Tier
> I or adjusted Tier I metals feed rate screening limits under
> §266.106(b) or (e));
>
> • Maximum flue gas temperature entering a particulate matter control
> device (unless complying with Tier I or adjusted Tier I metals feed
> rate screening limits under §266.106(b) or (e));
>
> • For systems using wet scrubbers, including ionizing wet scrubbers
> (unless complying with Tier I or adjusted Tier I metals feed rate
> screening limits under §266.106(b) or (e) and the total chlorine and
> chloride feed rate screening limits under §266.107(b)(1) or (e)):

-   Minimum liquid to gas ratio;

-   Minimum scrubber blowdown from the system or maximum suspended
    solids content of scrubber water;

-   Minimum pH level of the scrubber water;

> • For systems using venturi scrubbers, the minimum differential gas
> pressure across the venturi (unless complying with Tier I or adjusted
> Tier I metals feed rate screening limits under §266.106(b) or (e) and
> the total chlorine and chloride feed rate screening limits under
> §266.107(b)(1) or (e));
>
> • For systems using dry scrubbers (unless complying with Tier I or
> adjusted Tier I metals feed rate screening limits under §266.106(b) or
> (e) and the total chlorine and chloride feed rate screening limits
> under §266.107(b)(1) or (e)):
>
> • Minimum caustic feed rate; and
>
> • Maximum flue gas flow rate;
>
> • For systems using wet ionizing scrubbers or electrostatic
> precipitators (unless complying with Tier I or adjusted Tier I metals
> feed rate screening limits under §266.106(b) or (e) and the total
> chlorine and chloride feed rate screening limits under §266.107(b)(1)
> or (e)):
>
> • Minimum electrical power in kilovolt amperes (kVA) to the
> precipitator plates; and
>
> • Maximum flue gas flow rate; and
>
> • For systems using fabric filters (baghouses) the minimum pressure
> drop (unless complying with Tier I or adjusted Tier I metals feed rate
> screening limits under §266.106(b) or (e) and the total chlorine and
> chloride feed rate screening limits under §266.107(b)(1) or (e)).
>
> • Prior notification of compliance testing that includes the
> information specified in §§266.103(c)(2)(i) through 266.103(c)(2)(iii)
> submitted to the Director at least 30 days prior to compliance
> testing;
>
> • A comparison of the hazardous waste burned and other feed streams,
> and the design, operation, and maintenance of both the tested unit and
> the similar unit, if the owner or operator seeks approval on a
> case-by-case basis to use compliance test data from one unit in lieu
> of testing a similar on-site unit;
>
> • Certification of compliance with the emissions standards of
> §§266.104(b),(c) and (e), 266.105, 266.106, 266.107, and
> 266.103(a)(5)(i)(D) that includes the information specified in
> §§266.103(c)(4)(i) through 266.103(c)(4)(v), or data from a similar
> unit in lieu of compliance test data;
>
> • When an owner or operator is required to comply with the hydrocarbon
> (HC) controls provided by §266.104(c) or 266.103(a)(5)(i)(D), a
> conditioned gas monitoring system may be used in conformance with
> specifications provided in appendix IX of this part provided that the
> owner or operator submits a certification of compliance without using
> extensions of time provided by paragraph 266.103(c)(7).
>
> • Notification that the facility is operating under restricted interim
> status, intends to resume burning hazardous waste, and will submit a
> complete certification of compliance by August 23, 1993, if the owner
> or operator does not submit a complete certification of compliance for
> all of the applicable emissions standards;
>
> • Request for a case-by-case extension of time to extend any time
> limit provided by §266.103(c), if compliance with the time limit is
> not practicable for reasons beyond the control of the owner or
> operator;
>
> • A notification, submitted 30 days prior to first burning hazardous
> waste under operating conditions that exceed those established under a
> current certification of compliance; and
>
> • A revised certification of compliance that includes information
> specified in §§266.103(c)(8)(ii) through 266.103(c)(8)(iv), submitted
> at least 30 days prior to first burning hazardous waste under
> operating conditions that exceed those established under a current
> certification of compliance.

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with §266.103(c) include:

> • Read the regulations;
>
> • Establish limits on operating conditions (§266.103(c)(1));
>
> • Provide notice of compliance testing (§266.103(c)(2));
>
> • Perform compliance testing (§266.103(c)(3));
>
> • Provide information in support of using compliance test data from
> one unit in lieu of testing a similar on-site unit (§266.103(c)(3));
>
> • Prepare and submit information required in the certification of
> compliance, or submit data from a similar unit in lieu of compliance
> test data (§266.103(c)(4));
>
> • Prepare and submit a notification that the facility is operating
> under restricted interim status, if necessary (§266.103(c)(7)(i)(B));
>
> • Prepare and submit a request for a case-by-case extension
> (§266.103(c)(7)(ii);
>
> • Prepare and submit a notification, if operating conditions exceed
> those established under a current certification of compliance
> (§266.103(c)(8)(ii));
>
> • Perform compliance testing for a revised certification
> (§266.103(c)(8)(iii)); and
>
> • Prepare and submit a revised certification of compliance
> (§266.103(c)(8)(iv)).

**Periodic Recertifications**

\(i\) [Data items]{.underline}:

Under section 266.103(d) owners or operators of boilers or industrial
furnaces must submit to the Director a recertification of compliance
under the provisions of section 266.103(c) within three years from
submitting the previous certification or recertification. If the owner
or operator seeks to recertify compliance under new operating
conditions, he or she must comply with the requirements of section
266.103(c)(8).

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements identified in section 266.103(d), the
owner or operator must engage in the following activities:

> • Read the regulations;
>
> • Conduct compliance testing (§266.103(d)); and
>
> • Prepare and submit periodic recertification (§266.103(d)).

**Automatic Hazardous Waste Feed Cutoff System**

\(i\) [Data item]{.underline}:

During the compliance test and upon submittal of a certification of
compliance, a BIF must be operated with a functioning system that
automatically cuts off the hazardous waste feed when operating
conditions deviate from those established in the certification of
compliance, as specified in §266.103(g). Section 266.103(g)(2) requires
owners and operators to keep a record of the operating parameters during
the cutoff.

\(ii\) [Respondent activities]{.underline}:

Owners or operators must engage in the following activities to comply
with the requirements of section 266.103(g)(2):

> • Read the regulations; and
>
> • Monitor and record the operating parameters until the parameters
> comply with those established in the certification of compliance
> (§266.103(g)(2)).

**Fugitive Emissions**

\(i\) [Data items]{.underline}:

Section 266.103(h) allows owners or operators to prepare a demonstration
to obtain an exemption from the requirement that fugitive emissions be
controlled by either keeping the combustion zone totally sealed against
fugitive emissions, or maintaining the combustion zone pressure lower
than atmospheric pressure. Data items associated with this demonstration
include:

> • Demonstration that an alternate means of control provides fugitive
> emissions control equivalent to maintenance of combustion zone
> pressure lower than atmospheric pressure; and
>
> • Documentation of supporting information for the demonstration.

\(ii\) [Respondent activities]{.underline}:

Owners or operators must engage in the following activities to comply
with the requirements of section 266.103(h):

> • Read the regulations;
>
> • Demonstrate that an alternate means of control provides fugitive
> emissions control equivalent to maintenance of combustion zone
> pressure lower than atmospheric pressure (§266.103(h)(3)); and
>
> • Maintain records supporting the demonstration for an alternate means
> of fugitive emissions control in the operating record until closure of
> the facility (§266.103(h)(3)).

**Monitoring and Inspections**

Owners and operators of interim status BIF units must operate in
accordance with the operating requirements specified in the permit at
all times when there is hazardous waste in the unit. Facilities with
interim status BIF units are required to comply with standards that
control the following emissions:

> • Organic emissions and particulate matter by limiting CO emissions,
> and in some cases, HC emissions to specified levels (§266.104 and
> §266.105);
>
> • Metals emissions by complying with specified Tier I feed rate
> screening limits, Tier II emission rate screening limits, Tier III
> site-specific risk assessments, adjusted Tier I feed rate screening
> limits, or an alternative implementation approach (§266.106); and
>
> • HCl and Cl~2~ gas emissions by complying with Tier I feed rate
> screening limits, Tier II emission rate screening limits, Tier III
> site-specific risk assessments, or adjusted Tier I feed rate screening
> limits (§266.107).

Appendix IX, section 2 includes information collection requirements
covering performance specifications for continuous emissions monitoring
systems (CEMS). Appendix IX, section 3.1 includes information collection
requirements covering sampling and analytical methods. 40
[CFR]{.underline} 266.103(j) specifies operating requirements for BIFs
burning hazardous waste. Each of these sections and their associated
information collection requirements are discussed below.

Appendix IX, section 2 contains procedures that are intended to be used
to evaluate the acceptability of the CEMS at the time of its
installation or whenever specified in the regulations or permits. Data
items associated with Appendix IX, section 2 include the following:

> • If the combustion unit is taken out of service during the
> calibration drift (CD) test period, records of the onset and duration
> of downtime;
>
> • If periodic automatic or manual adjustments are made to the CEMS
> zero and calibration settings, a record of the CEMS response
> immediately after a calibration drift test and a data sheet
> summarizing the results;
>
> • Records of the time (upscale response time) required to reach 95
> percent of the stable value during the calibration drift test;
>
> • Records of the responses of the CEMS at three measurement points and
> a data sheet summarizing the results;
>
> • Reports of data from all performance test methods (PTM);
>
> • A data sheet of the results of PTM and CEMS data;
>
> • A tabular summary of the results of the calibration drift, relative
> accuracy (RA), response time, and calibration error test, as
> appropriate;
>
> • A demonstration for an alternative RA procedure, if desired;
>
> • A quality assurance program to evaluate and monitor CEMS
> performance;
>
> • A demonstration for an alternative calibration procedure; and
>
> • Records of HC emissions.

Appendix IX, section 3 contains procedures for sampling and analysis of
metals, hexavalent chromium, HCl and Cl~2~, PCDDs and PCDFs, and
aldehydes and ketones. This ICR assumes that most Appendix IX, section 3
sampling and analysis will be performed during the trial burn, and has
therefore been subsumed under the burden for conducting a trial burn,
which is included in the Part B permit application and permit
modifications portion of this ICR. However, facilities that choose to
use a metals implementation approach alternative to monitoring the feed
rate of metals in each feedstream will need to perform metals emissions
monitoring on a daily basis. Data items for these facilities include the
following:

> • For metals emissions, records of the data for sampling trains; and
>
> • For monitoring of metals, records of emissions data and a laboratory
> log for all calibrations.

40 [CFR]{.underline} 266.103(j) requires owners or operators of boilers
and industrial furnaces to record the following data items while burning
hazardous waste:

> • Record of feed rates and composition of hazardous waste, other
> fuels, and industrial furnace feed stocks, and feed rates of ash,
> metals, and total chloride and chlorine to ensure conformance with the
> certification of precompliance or certification of compliance;
>
> • Record of carbon monoxide, oxygen, and if applicable, hydrocarbon
> monitoring;
>
> • Documentation of sampling and analysis of the hazardous waste (and
> other fuels and industrial furnace feed stocks as appropriate) and the
> stack gas emissions upon the request of the Director to verify that
> the operating conditions established in the certification of
> precompliance or certification of compliance achieve the applicable
> standards of §§266.104, 266.105, 266.106, and 266.107;
>
> • Record of daily visual inspections of boiler or industrial furnace
> and associated equipment for leaks, spills, fugitive emissions, and
> signs of tampering;
>
> • Record of weekly or monthly testing of the automatic hazardous waste
> feed cutoff system and associated alarms;
>
> • If desired, a demonstration that weekly inspections of the automatic
> hazardous waste feed cutoff system and associated alarms will unduly
> restrict or upset operations and that less frequent inspections will
> be adequate; and
>
> • Record of information supporting the demonstration specified in
> §266.103(j)(3).

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements of Appendix IX, section 2, owners and
operators must perform the following activities:

> • Read the regulations;
>
> • Test the CD, response time, CE test procedure, and RA test
> procedure; record data; and maintain monitors (Appendix IX, section
> 2);
>
> • If the combustion unit is taken out of service during the CD test
> period, record the onset and duration of downtime (Appendix IX,
> sections 2.1.5.2 and 2.2.5.2);
>
> • If periodic automatic or manual adjustments are made to the CEMS
> zero and calibration settings, record the CEMS response immediately
> after a calibration drift test (Appendix IX, sections 2.1.6.1.1 and
> 2.2.6.1.1);
>
> • Record the time (upscale response time) required to reach 95 percent
> of the stable value during the CD test (Appendix IX, sections
> 2.1.6.2.1 and 2.2.6.2.1);
>
> • Record the responses of the CEMS at three measurement points
> (Appendix IX, sections 2.1.6.3.1.2 and 2.2.6.3.1.2);
>
> • Summarize results on data sheets (Appendix IX, sections 2.1.6.1.2,
> 2.1.6.3.2, 2.1.6.4.5, 2.2.6.1.2, and 2.2.6.3.2);
>
> • Prepare a report of the data from all performance test methods
> (Appendix IX, section 2.1.6.4.3);
>
> • Prepare and submit a report of the results of the CD, RA, response
> time, and CE test, as appropriate (Appendix IX, section 2.1.8 and
> 2.2.8);
>
> • Prepare and submit a request for an alternative RA procedure
> (Appendix IX, section 2.1.9.2);
>
> • Develop a quality assurance program to evaluate and monitor CEMS
> performance (Appendix IX, sections 2.1.10 and 2.2.9);
>
> • Prepare and submit a demonstration for an alternative calibration
> procedure (Appendix IX, section 2.1.10.1 and 2.2.9.1);
>
> • Conduct a quarterly CE test (Appendix IX, section 2.1.10.3 and
> 2.2.9.3); and
>
> • Conduct an annual performance specification test (Appendix IX,
> section 2.1.10.4 and 2.2.9.4).

To comply with the requirements of Appendix IX, section 3, owners and
operators of facilities using an alternative implementation approach for
metals must perform the following activities:

> • Read the regulations;
>
> • Determine metals emissions (Appendix IX, section 3.1);
>
> • For monitoring of metals emissions, record data for sampling trains
> (Appendix IX, sections 3.1.5.1.5); and
>
> • For monitoring of metals emissions, record emissions data and
> maintain a laboratory log for all calibrations (Appendix IX, section
> 3.1.6).

Respondents must perform the following activities to comply with section
266.103(j):

> • Read the regulations;
>
> • Conduct monitoring and inspections of hazardous waste, other fuels
> and feedstock, and stack gas emissions (§266.103(j)(1));
>
> • Inspect the boiler or industrial furnace and associated equipment at
> least daily (§266.103(j)(2));
>
> • Inspect the hazardous waste feed cutoff system and associated alarms
> at least weekly (§266.103(j)(3));
>
> • Demonstrate that weekly inspections of the hazardous waste feed
> cutoff system will unduly restrict or upset operations, and, if
> approved, conduct operational testing once every 30 days
> (§266.103(j)(3)); and
>
> • Record monitoring and inspection data in the operating log
> (266.103(j)(4)).

**Recordkeeping**

\(i\) [Data items]{.underline}:

Under section 266.103(k), owners or operators must maintain in the
operating record of the facility all information and data specified in
section 266.103 until closure of the facility.

\(ii\) [Respondent activities]{.underline}:

To comply with section 266.103(k), owners or operators must maintain all
information and data required in section 266.103 in the operating record
of the facility until closure.

**Standards to Control Organic Emissions**

\(i\) [Data item]{.underline}:

Section 266.104 requires a boiler or industrial furnace burning
hazardous waste to achieve a destruction and removal efficiency (DRE) of
99.99 percent for all organic hazardous constituents in the waste feed.
Principal organic hazardous constituents (POHCs) are those compounds for
which compliance with the DRE requirements of section 266.104 shall be
demonstrated in a trial burn in conformance with the procedures
prescribed in section 270.66. POHCs are most likely to be selected from
among those compounds listed in 40 [CFR]{.underline} Part 261, appendix
VIII, that are also present in the normal waste feed. However, section
266.104(a)(2) allows owners or operators to submit a demonstration for
an alternative POHC. The data item associated with section 266.104(a)(2)
is:

> • Demonstration submitted to the Regional Administrator that a
> compound not listed in appendix VIII or not present in the normal
> waste feed is a suitable indicator of compliance with the DRE
> requirement of section 266.104.

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements of section 266.104(a), owners or
operators must:

> • Read the regulations; and
>
> • Prepare and submit a demonstration for an alternate POHC designation
> (§266.104(a)(2)).

**Standards to Control Metal Emissions**

\(i\) [Data item]{.underline}:

Under 40 [CFR]{.underline} 266.106(f), the Director may approve on a
case-by-case basis approaches to implementing the Tier II or Tier III
metals emission limits as specified in sections 266.106(c) and
266.106(d) alternative to monitoring the feed rate of metals in each
feed stream. To be granted an alternative as specified in section
266.106(f), owners or operators must provide calculations for emission
limits.

\(ii\) [Respondent activities]{.underline}:

To comply with section 266.106(f), owners or operators must engage in
the following activities:

> • Read the regulations; and
>
> • Prepare and submit information in support of an alternative
> implementation approach, as provided by §266.106(f).

**Direct Transfer Requirements**

\(i\) [Data items]{.underline}:

The regulations in section 266.111 apply to owners and operators of
boilers and industrial furnaces subject to sections 266.102 or 266.103
if hazardous waste is directly transferred from a transport vehicle to a
boiler or industrial furnace without the use of a storage unit. Owners
and operators of these facilities must comply with the regulations as
specified in section 266.111(d)(2) in areas where direct transfer
vehicles (containers) are located. The data items associated with this
regulation include the following:

> • Certification by the local Fire Marshall that the installation meets
> the subject NFPA codes;
>
> • For existing direct transfer equipment that does not have secondary
> containment, a written assessment reviewed and certified by a
> qualified, registered professional engineer in accordance with
> §270.11(d) that attests to the equipment\'s integrity and includes the
> following:
>
> • Design standards, if available, according to which the direct
> transfer equipment was constructed;
>
> • Hazardous characteristics of the waste(s) that have been or will be
> handled;
>
> • Existing corrosion protection measures;
>
> • Documented age of the equipment, if available (otherwise, an
> estimate of the age); and
>
> • Results of a leak test or other integrity examination such that the
> effects of temperature variations, vapor pockets, cracks, leaks,
> corrosion, and erosion are accounted for; and
>
> • Record of hourly inspections when hazardous waste is being
> transferred from the transport vehicle (container) to the boiler or
> industrial furnace that includes the inspection of the following:
>
> • Overfill/spill control equipment to ensure that it is in good
> working order;
>
> • The above ground portions of the direct transfer equipment to detect
> corrosion, erosion, or releases of waste; and
>
> • Data gathered from monitoring equipment and leak-detection equipment
> to ensure that the direct transfer equipment is being operated
> according to its design.

-   The owner or operator must inspect cathodic protection systems, if

> used, to ensure that they are functioning properly according to the
>
> schedule provided by § 265.195(b) of this chapter:

\(ii\) [Respondent activities]{.underline}:

Owners and operators must be involved in the following activities to
comply with section 266.111:

> • Read the regulations;
>
> • Collect data in support of a certification that the installation
> meets subject NFPA codes (§266.111(d)(2));
>
> • Obtain and keep on file a written certification that the
> installation meets subject NFPA codes (§266.111(d)(2));
>
> • For existing direct transfer equipment that does not have secondary
> containment, collect data in support of an assessment that attests to
> the equipment\'s integrity (§266.111(e)(2));
>
> • Obtain and keep on file a written assessment that attests to the
> equipment\'s integrity (§266.111(e)(2));
>
> • Conduct inspections of equipment and data gathered
> (§266.111(e)(3)(i)-(ii)); and
>
> • Record and maintain inspection data until closure of the facility
> (§266.111(e)(iii)).

**Regulation of Residues**

Section 266.112 allows owners and operators of certain BIFs to receive
an exemption from classification as a hazardous waste of residue
generated during the burning of hazardous waste if the owner or operator
can demonstrate that the burning of the hazardous waste does not
significantly affect the character of the residue. Owners or operators
comply with the requirements by demonstrating either a comparison of
waste-derived residue with normal residue, or a comparison of
waste-derived residue concentrations with health-based limits.

Data items associated with the demonstration of a comparison of
waste-derived residue with normal residue include the following:

> • Demonstration that the hazardous waste does not significantly affect
> the residue by demonstrating the following:
>
> • The waste-derived residue does not contain appendix VIII, Part 261
> constituents that could reasonably be attributable to the hazardous
> waste at concentrations significantly higher than in residue generated
> without burning or processing of hazardous waste by the methods
> specified in §§266 Appendix IX
>
> • The concentrations of nonmetal toxic constituents of concern (as
> specified in §266.112(b)(1)) in the waste-derived residue does not
> exceed the health-based levels specified in appendix VII, Part 266;
> and
>
> • Waste derived residue is sampled and analyzed as often as necessary
> to ensure that the residue generated during each 24-hour period does
> not have concentrations of toxic constituents that are higher than the
> health-based limits.

Data items associated with the demonstration of a comparison of
waste-derived residue concentrations with health-based limits include
the following:

266. As required by section 266.112(b)(2)(i), in complying with the
     section 268.43 F039 nonwastewater levels for polychlorinated
     dibenzo-p-dioxins and polychlorinated dibenzo-furans, analysis of
     residues must be performed for total hexachlorodibenzo-p-dioxins,
     total hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins,
     total pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins,
     and total tetrachlorodibenzofurans.

> Documentation of compliance with section 266.112 that record the
> following:
>
> • Levels of constituents in appendix VIII, Part 261, that are present
> in waste-derived residues;
>
> • If the waste-derived residue is compared with the normal residue
> under §266.112(b)(1), the following must be recorded:
>
> • The levels of constituents in appendix VIII, Part 261 that are
> present in normal residues; and
>
> • Data and information, including analyses of samples as necessary,
> obtained to determine if changes in raw materials or fuels would
> reduce the concentration of toxic constituents of concern in the
> normal residue.

In addition, Appendix IX, sections 7.3 and 7.4 require owners and
operators to maintain supporting rationale for alternate statistical
practices used to demonstrate conformance with the exemption
requirements. Data items include the following:

> • For an alternate statistical approach, supporting rationale that
> demonstrates sound statistical practice; and
>
> • Supporting rationale for an approach for handling nondetect data
> points.

\(ii\) [Respondent activities]{.underline}:

Respondents must engage in the following activities to comply with
section 266.112:

-   Read the regulations;

-   Demonstrate that the hazardous waste does not significantly affect
    the residue (§266.112(b));

-   Analyze residues for total hexachlorodibenzo-p-dioxins, total
    hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total
    pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and
    total tetrachlorodibenzofurans to meet F039 nonwastewater standards;

-   For an alternate statistical approach, prepare and maintain on file
    a rationale that demonstrates sound statistical practice (Appendix
    IX, section 7.3);

-   Prepare and maintain on file a supporting rationale for an approach
    for handling nondetect data points (Appendix IX, section 7.4); and

-   Record and maintain information documenting compliance until closure
    of the facility (§266.112(c)).

***PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR
BIFs***

**General Part B Information Requirements for BIFs**

**Legal Review**

\(i\) [Data items]{.underline}:

EPA believes that respondents will conduct legal reviews of their permit
applications prior to submitting them to the Agency. No data items are
required.

\(ii\) [Respondent activities]{.underline}:

Owners and operators will conduct legal reviews of their permit
applications prior to submitting them to the Agency. Such reviews may
include checks for accuracy, completeness and conformance with the
regulations.

**General Requirements**

\(i\) [Data items]{.underline}:

Under 40 [CFR]{.underline} 270.14(a), owners and operators may obtain
from EPA relief from submission of information prescribed in Part B on a
case-by-case basis by demonstrating that such information cannot be
provided to the extent required.

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with the demonstration submitted under
§270.14(a) include:

267. Read the regulations;

268. Prepare and submit the demonstration; and

269. File the demonstration at the facility.

**General Facility Standards**

\(i\) [Data items]{.underline}:

Under 40 [CFR]{.underline} 270.14(b) (1)-(14), owners and operators of
hazardous waste management facilities must submit in their Part B permit
applications information on compliance with general facility standards.
Data items required under these sections include the following:

> • A general description of the facility (§270.14(b)(1));
>
> • Chemical and physical analyses of the hazardous waste to be handled
> at the facility. At a minimum, these analyses should contain all the
> information that must be known to treat, store, or dispose of the
> wastes properly in accordance with Part 264 (§270.14(b)(2));
>
> • A waste analysis plan. The plan should contain information required
> under §264.13(b) (1)-(7) and, for off-site facilities, the information
> required under §264.13(c) (§270.14(b)(3));

-   A description of the security procedures and equipment required by
    §264.14, or a

> justification demonstrating the reasons for requesting a waiver of
> this requirement
>
> (§270.14(b)(4)). To obtain a waiver, owners and operators must
> demonstrate to EPA
>
> that:
>
> • Physical contact with the waste, structures, or equipment within the
> active portion of the facility will not injure unknowing or
> unauthorized persons or livestock which may enter the active portion
> of the facility; and
>
> • Disturbance of the waste or equipment, by the unknowing or
> unauthorized entry of persons or livestock onto the active portion of
> a facility, will not cause a violation of the requirements of this
> part;
>
> • A general inspection schedule, as required under §264.15(b), for
> monitoring equipment that is important in preventing, detecting, or
> responding to environmental or human health hazards (§270.14(b)(5)).
> Where applicable, the inspection schedule should include the specific
> requirements in §§264.174, 264.193(i), 264.195, 264.226, 264.254,
> 264.273, 264.303 and 264.602, and should identify the types of
> problems that are to be investigated during the inspection;
>
> • If an exemption from special equipment requirements is sought under
> §264.32, a demonstration that none of the hazards posed by waste
> handled at the facility could require the use of equipment required
> under §§264.32(a) through (d) (§270.14(b)(6));
>
> • If an exemption from the aisle space requirements of §264.35 is
> sought, a demonstration that the aisle space is not needed to allow
> the unobstructed movement of personnel, fire protection equipment,
> spill control equipment, and decontamination equipment to any area of
> the facility operating in an emergency (§270.14(b)(6));
>
> • A contingency plan as required under sections 264 Subpart D. Data
> elements that should be included in this plan are listed below
> (§264.52):
>
> • A description of the arrangements agreed to by local police
> departments, fire departments, hospitals, contractors, and State and
> local emergency response teams to coordinate emergency services;
>
> • An updated list of the names, addresses, and phone numbers (office
> and home) of all persons qualified to act as emergency coordinators;
>
> • An updated list of all emergency equipment at the facility and the
> location, physical description, and capabilities of the emergency
> equipment. The contingency plan should also indicate where the
> emergency equipment will be required; and
>
> • An evacuation plan for facility personnel where there is a
> possibility that evacuation may be necessary;
>
> • A description of procedures, structures, or equipment used at the
> facility for the following purposes:

-   To prevent hazards in unloading operations;

-   To prevent runoff from hazardous waste handling areas to other areas
    of the

> facility or environment, or to prevent flooding;

-   To prevent contamination of water supplies;

-   To mitigate effects of equipment failure and power outages; and

-   To prevent undue exposure of personnel to hazardous waste;

> • A description of precautions taken under §264.17 to prevent
> accidental ignition or reaction of ignitable, reactive, or
> incompatible wastes, including documentation demonstrating compliance
> with §264.17(c) (§270.14(b)(9)). The documentation may be based on
> references to published scientific or engineering literature, data
> from trial tests, waste analyses, or the results of the treatment of
> similar wastes by similar treatment processes and under similar
> operating conditions;
>
> • A description of traffic patterns, estimated volume, and control
> (§270.14(b)(10));
>
> • Facility location information (§270.14(b)(11)). At a minimum, the
> location information provided must include:
>
> • An identification of the political jurisdiction in which the
> facility is proposed to be located;
>
> • If the facility is proposed to be located in an area listed in
> appendix VI of Part 264, a demonstration of compliance with the
> seismic standard as defined under §264.18(a). This demonstration may
> be made using either published geologic data or data obtained from
> field investigations carried out by the applicant;

• An identification of whether the facility is located within a 100-year
floodplain. The identification must include the following information:

> • The source of data for the determination;
>
> • A copy of the relevant Federal Insurance Administration (FIA) flood
> map, if used, or the calculations and maps used where an FIA map is
> not available; and
>
> • An identification of the 100-year flood level and any other special
> flooding factors which must be considered in designing, constructing,
> operating, or maintaining the facility to withstand washout from a
> 100-year flood;
>
> • Facilities located in a 100-year floodplain may submit a
> demonstration for exemption from design and operating standards under
> §264.18(b). The demonstration must establish the following:
>
> • Procedures are in effect which will cause the waste to be removed
> safely, before flood waters can reach the facility, to a location
> where the wastes will not be vulnerable to flood waters; or
>
> • For existing surface impoundments, waste piles, land treatment
> units, landfills, and miscellaneous units, no adverse effects on human
> health or the environment will result if washout occurs;
>
> • Owners and operators of facilities located in the 100-year
> floodplain that are not exempt from the design and operating standards
> under §264.18(b) must provide the following information:
>
> • Engineering analysis to indicate the various hydrodynamic and
> hydrostatic forces expected to result at the site as consequence of a
> 100-year flood; and
>
> • Structural or other engineering studies showing the design of
> operational units and flood protection devices at the facility and how
> these will prevent washout; or
>
> • If applicable, a detailed description of procedures to be followed
> to remove hazardous waste to safety before the facility is flooded;
>
> • Existing facilities not in compliance with §264.18(b) must provide a
> plan showing how the facility will be brought into compliance, along
> with a schedule for compliance;
>
> • An outline of both the introductory and continuing training programs
> used to prepare persons to operate or maintain the facility in a safe
> manner as required to demonstrate compliance with §264.16, and a brief
> description of how training will be designed to meet actual job tasks
> in accordance with the requirements in §264.16(a)(3) (§270.14(b)(12));
> and
>
> • A closure plan as required under §§264.112 and 264.197
> (§270.14(b)(13)). The closure plan must include the information
> required under §264.112(b) (1)-(7).

\(ii\) [Respondent activities]{.underline}:

In order to provide the data items listed above, respondents must
perform the following activities:

> • Read the regulations;
>
> • Prepare a written description of the facility;
>
> • Collect the analytical information required under §270.14(b)(2) and
> prepare a written report of the analyses conducted;
>
> • Collect the data required in the waste analysis plan;
>
> • Write the waste analysis plan;
>
> • Prepare the description of security procedures and equipment; or
>
> • Prepare a demonstration for a waiver of the security procedures and
> equipment requirements;
>
> • Develop an inspection schedule;
>
> • If applicable, prepare a demonstration for exemption from special
> equipment requirements;
>
> • If applicable, prepare a demonstration for exemption from aisle
> space requirements;
>
> • Collect the data required in the contingency plan;
>
> • Write the contingency plan;
>
> • Prepare the description of procedures, structures, or equipment;
>
> • Prepare a description of precautions to prevent accidental ignition
> or reaction of ignitable, reactive, or incompatible wastes;
>
> • Prepare a description of traffic patterns, estimated volume, and
> control;
>
> • Compile and document the facility location information required
> under §270.14(b)(11);
>
> • If the facility is proposed to be located in an area listed in
> Appendix VI, prepare a demonstration of compliance with the seismic
> standard;
>
> • For facilities in a 100-year floodplain, prepare a demonstration for
> exemption from design and operating standards under §264.18(b);
>
> • For facilities in a 100-year floodplain that are not exempt from
> §264.18(b), prepare an engineering analysis and engineering studies;
>
> • For facilities not in compliance with §264.18(b), a compliance plan
> and schedule of compliance;
>
> • Prepare outline of personnel training programs and description of
> training design;
>
> • Write descriptions of the necessary closure activities;
>
> • Estimate final closure;
>
> • Write the closure schedule;
>
> • Submit the general facility standards information; and
>
> • File a copy of the documentation at the facility.

**Financial Assurance**

**(1) Cost Estimates for Closure Care**

\(i\) [Data items]{.underline}:

Sections 270.14(b)(15) and (16) require owners and operators to submit a
detailed written estimate of the cost of facility closure care in
accordance with the requirements of §§264.142(a). These estimates must
include the following data items:

> • A written estimate containing:
>
> • The costs of final closure at the point in the facility\'s active
> life when the extent and manner of its operation would make closure
> the most expensive, as indicated by its closure plan (§264.142(a)(1)).
>
> • Costs to the owner or operator of hiring a third party to conduct
> closure care at
>
> the facility (or on-site disposal costs, if owner or operator can
> demonstrate that on-site disposal capacity will exist at all times
> throughout the facility\'s life) (§264.142(a)(2)).

\(ii\) [Respondent activities]{.underline}:

Since cost estimates for closure care are submitted with the Part B
permit application, activities associated with developing the estimates
are discussed in here. However, prior to submitting a permit
application, interim status facilities must prepare closure cost
estimates under §§265.142. Therefore, preparation of the closure cost
estimates for interim status facilities are discussed in the general
facility standards portion of this ICR.

Owners and operators will need to engage in the following activities in
order to collect the data required by §§264.142:

> • Read the regulations;
>
> • Collect data; and
>
> • Prepare and submit the written cost estimates.

**(2) Financial Assurance for Closure Care**

\(i\) [Data items]{.underline}:

Sections 270.14(b) (15) and (16) also require owners and operators to
establish, and provide evidence of, financial assurance for facility
closure (§264.143) care. Because evidence of financial assurance is
submitted with the Part B permit application, activities associated with
obtaining financial assurance are discussed in the Part B permit
application and permit modifications portion of this ICR. However, prior
to submitting a Part B permit application, interim status facilities
must prepare evidence of financial assurance for closure and
post-closure care under §265.143. Therefore, the activities associated
with preparing evidence of closure financial assurance for interim
status facilities are discussed in the general facility standards
portion of this ICR.[^1]

Several financial instruments may be used for the purpose of
establishing financial assurance for closure care. These financial
instruments include the following:

> • Closure trust fund (§264.143(a));
>
> • Surety bond guaranteeing payment into a closure trust fund
> (§264.143(b));
>
> • Surety bond guaranteeing performance of closure (§264.143(c));
>
> • Closure letter of credit (§264.143(d));
>
> • Closure insurance (§264.143(e)); and
>
> • Financial test and corporate guarantee for closure care
> (§264.143(f)).

\(ii\) [Respondent activities]{.underline}

In order to comply with the requirements concerning financial assurance
for closure and post-closure care, respondents must perform the
following activities:

> • Read the regulations;

270. Gather and submit relevant information to the issuing institution;
     and

> • Obtain and submit documentation of financial assurance.

**(3) Use of a Financial Mechanism for Multiple Facilities**

\(i\) [Data items]{.underline}:

Section 264.143(h) specifies that owners and operators may use one of
several financial assurance mechanisms to meet the requirements of
§264.143 for more than one facility. In such cases, the owner or
operator must provide the following data items for each facility:

> • EPA identification number, name, and address; and
>
> • The amount of funds for closure care assured by the mechanism.

\(ii\) [Respondent activities]{.underline}:

The information required under this section will be submitted with the
information provided by the owner or operator to establish one of the
financial assurance mechanisms listed above. Therefore, this ICR assumes
that any respondent activities related to the requirements of this
section are already covered under the previous sections.

**(4) Liability Requirements**

Section 270.14(b)(17) requires owners and operators of new facilities to
provide documentation showing the amount of insurance meeting the
specification of §264.147(a) and, if applicable, §264.147(b), that the
owner or operator plans to have in effect before initial receipt of
hazardous waste for treatment, storage, or disposal.

**(a) Coverage for Sudden or Nonsudden Accidental Occurrences**

\(i\) [Data items]{.underline}:

Section 264.147(a) requires owners and operators of hazardous waste
TSDFs, or a group of such facilities, to demonstrate financial
responsibility for bodily injury and property damage to third parties
caused by sudden accidental occurrences arising from operations at the
facility or group of facilities. In order to comply with these
requirements, owners and operators will need to gather the following
data items:

> • A liability insurance policy (§§264.147(a)(1) and 264.147(b)(1)),
> accompanied by a signed duplicate original of a Hazardous Waste
> Facility Liability Endorsement or a Certificate of Liability
> Insurance;
>
> • Written evidence of passing a financial test or a written guarantee
> for liability coverage from the owner or operator\'s parent
> corporation (§§264.147(a)(2) and 264.147(b)(2));
>
> • A letter of credit for liability coverage (§§264.147(a)(3) and
> 264.147(b)(3));
>
> • A surety bond for liability coverage (§§264.147(a)(4) and
> 264.147(b)(4));
>
> • A trust fund for liability coverage (§§264.147(a)(5) and
> 264.147(b)(5)); or
>
> • A combination of insurance, financial test, guarantee, letter of
> credit, surety bond, and trust fund (§§264.147(a)(6) and
> 264.147(b)(6)).

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements of these sections, owners and operators
will need to perform the following activities:

> • Read the regulations;

271. Gather and submit relevant information to the issuing institution;
     and

> • Obtain and submit documentation of liability coverage using one of
> the financial instruments listed above.

**(b) Request for Variance**

\(i\) [Data item]{.underline}:

Section 264.147(c) allows owners and operators to obtain a variance from
EPA if they can demonstrate that the levels of financial responsibility
required for sudden and nonsudden accidental occurrences are not
consistent with the degree and duration of risk associated with
treatment, storage, or disposal at the facility or group of facilities.
The data item for this demonstration is:

> • A request for a variance submitted as part of the permit application
> under §270.14(b)(17) for new facilities, or pursuant to the procedures
> for permit modification under §§270.41 and 124.5. This request may
> include technical and engineering information as deemed necessary by
> EPA.

\(ii\) [Respondent activities]{.underline}:

> Owners and operators will need to engage in the following activities
> in requesting a variance:
>
> • Read the regulations; and
>
> • Prepare and submit the request for variance, including any technical
> or engineering information required by EPA.

**(c) Adjustments by the Regional Administrator**

\(i\) [Data items]{.underline}:

Section §264.147(d) allows EPA to adjust the level of financial
responsibility required under §264.147 in order to protect human health
and the environment. Respondents will need to furnish the following data
items should EPA decide to make such a determination:

> • Any information that EPA requests to determine whether cause exists
> for such adjustments of level or type of coverage; and
>
> • If the Regional Administrator decides to adjust the level or type of
> coverage, the data elements necessary for a permit modification. The
> activities and estimated burden and cost associated with permit
> modifications are included under the section on permit modifications
> below.

\(ii\) [Respondent activities]{.underline}:

Owners and operators will need to engage in the following activities in
order to satisfy the information collection requirements of this
section:

> • Read the regulations; and
>
> • Prepare and submit to EPA any requested information.

**(5) Coverage by a State Financial Mechanism**

\(i\) [Data items]{.underline}:

Section 270.14(b)(18) requires owners and operators to provide proof of
coverage by a State financial mechanism in compliance with §§264.149 or
264.150, where appropriate. Section 264.149 allows owners and operators
to use State-required financial assurance mechanisms to meet §§264.143
or 264.147 requirements. Section 264.150 requires owners and operators
to notify EPA when a State assumes legal responsibility or assures
availability of funds for an owner or operator\'s compliance with the
closure care or liability requirements of this part. Data items
associated with these requirements include the following:

> • A letter from the owner or operator requesting the following:
>
> • The State-required mechanism be considered acceptable for meeting
> the requirements of this subpart; or
>
> • The State\'s assumption of responsibility be considered acceptable
> for meeting the requirements of this subpart;
>
> • Evidence of the establishment of a State-required mechanism or a
> letter from the State describing the nature of the State\'s assumption
> of responsibility. Each of these data items should include the
> following information:
>
> • The facility\'s EPA identification number, name, and address; and
>
> • The amount of funds for closure care or liability coverage assured
> by the mechanism; and
>
> • Any additional information required by EPA in order to make the
> determination.

\(ii\) [Respondent activities]{.underline}:

Respondent activities associated with the requirements of §264.149
include the following:

> • Read the regulations;
>
> • Submit the letter from the owner or operator;
>
> • Submit written evidence of the establishment of a State-required
> financial assurance mechanism or letter from the State describing the
> State\'s assumption of responsibility and including the information
> specified above; and
>
> • Submit any additional information requested by EPA.

**Topographical Map**

\(i\) [Data items]{.underline}:

Section 270.14(b)(19) requires owners and operators to provide a
topographic map showing a distance of 1000 feet around the facility. The
map shall clearly show the following information:

> • Map scale and date;
>
> • 100-year floodplain area;
>
> • Surface waters including intermittent streams;
>
> • Surrounding land uses;
>
> • A wind rose (i.e., prevailing wind speed and direction);
>
> • Orientation of the map;
>
> • Legal boundaries of the facility site;
>
> • Access control (e.g. fences, gates);
>
> • Injection and withdrawal wells both on-site and off-site;
>
> • Buildings; treatment, storage, or disposal operations; or other
> structure;
>
> • Barriers for drainage or flood control; and
>
> • Location of operational units within the facility site, where
> hazardous waste is (or will be) treated, stored, or disposed
> (including equipment cleanup areas);

\(ii\) [Respondent activities]{.underline}:

Respondents must perform the following activities in order to provide
the topographic map:

> • Read the regulations;
>
> • Collect the necessary information; and
>
> • Develop and submit the map.

**Schedules of Compliance**

\(i\) [Data items]{.underline}:

40 [CFR]{.underline} 270.33 requires owners and operators to specify in
the permit a schedule of compliance leading to compliance with RCRA
regulations, where appropriate. Data items required under this section
include the following:

> • A schedule of compliance (§270.33(a)). The schedule must include the
> following information:
>
> • A requirement for compliance as soon as possible;
>
> • Interim requirements and the dates for their achievement, if the
> permit establishes a schedule of compliance which exceeds 1 year from
> the date of permit issuance;
>
> • Interim dates for the submission of reports of progress toward
> completion of the interim requirements and a projected completion
> date, if the time necessary for completion of any interim requirement
> is more than 1 year and is not readily divisible into stages for
> completion; and
>
> • A requirement that no later than 14 days following each interim date
> and the final date of compliance, the permittee shall notify EPA in
> writing of compliance or noncompliance with the interim or final
> requirements;
>
> • If the permittee decides to cease conducting regulated activities at
> a given time within the term of a permit which has already been
> issued, an application for a permit modification that contains a new
> or additional schedule leading to timely cessation of activities
> (§270.33(b)(1)). Permit modifications are discussed in the permit
> modification section of this ICR;
>
> • If the decision to cease conducting regulated activities is made
> before issuance of a permit whose term will include the termination
> date, a schedule leading to termination which will ensure timely
> compliance with applicable requirements (§270.33(b)(2));
>
> • If the permittee is undecided whether to cease conducting regulated
> activities, he or she may apply for a permit or submit an application
> for a permit modification to establish two schedules of compliance.
> The two schedules shall contain information as outlined in
> §270.33(b)(3) (i)-(iv). Permit modifications are discussed in the
> permit modification section of this ICR; and
>
> • If the permittee decides to cease conducting regulated activities,
> written evidence of a firm public commitment to cease conducting
> regulated activities.

\(ii\) [Respondent activities]{.underline}:

In order to comply with the requirements of §270.33, owners and
operators must perform the following activities:

> • Read the regulations;
>
> • Develop and submit a schedule of compliance;
>
> • Develop and submit an alternative schedule of compliance under
> §270.33(b)(2));
>
> • If necessary, develop and submit an application for two schedules of
> compliance; and
>
> • Document and submit evidence of firm public commitment to cease
> conducting regulated activities.

**Specific Part B Requirements for BIFs**

**Fugitive Emissions**

\(i\) [Data items]{.underline}:

Section 266.102(e)(7) stipulates that owners and operators must control
fugitive emissions by keeping the combustion zone totally sealed against
fugitive emissions and maintaining the combustion zone pressure lower
than atmospheric pressure. Owners and operators may apply for an
alternative means of control by submitting a demonstration with the Part
B application that an alternate means of control can provide equivalent
emission control.

\(ii\) [Respondent activities]{.underline}:

In order to comply with the requirements of §266.102(e)(7), owners and
operators must perform the following activities:

> • Read the regulations; and
>
> • Prepare and submit a demonstration of equivalent fugitive emissions
> control (§266.102(e)(7)).

**Requirements Relating to the Pre-Trial Burn, Trial Burn, and
Post-Trial Burn Periods**

\(i\) [Data items]{.underline}:

Sections 270.22, 270.66, and Appendix IX, section 3 specify requirements
for owners and operators of BIFs burning hazardous waste during the
pre-trial burn, trial burn, and post-trial burn periods. The data items
associated with the specific Part B information requirements enumerated
in these sections include the following:

> • Request for an extension of the 720-hour operational pretrial burn
> period;
>
> • Statement submitted with the Part B of the permit application
> suggesting the conditions necessary to operate in compliance with the
> standards of §§266.104 through 266.107 during the pre-trial burn
> period;
>
> • Statement submitted with Part B of the permit application that
> identifies the conditions necessary to operate in compliance with the
> performance standards of §§266.104 through 266.107 during the
> post-trial burn period;
>
> • Trial burn plan that includes the following information:
>
> • An analysis of each feed stream, including hazardous waste, other
> fuels, and industrial furnace feed stocks, as fired, as specified in
> §§270.66(c)(1)(i) through 270.66(c)(1)(ii);
>
> • An analysis of each hazardous waste, as fired, including the
> information as specified in §§270.66(c)(2)(i) through
> 270.66(c)(2)(iii);

-   A description of blending procedures

> • A detailed engineering description of the boiler or industrial
> furnace, including the information as specified in §§270.66(c)(3)(i)
> through 270.66(c)(3)(viii);
>
> • 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;
>
> • A detailed test schedule for each hazardous waste for which the
> trial burn is planned, including the date(s), duration, quantity of
> hazardous waste to be burned, and other factors relevant to the
> Director\'s decision under §270.66(b)(2);
>
> • A detailed test protocol, including, for each hazardous waste
> identified, the ranges of hazardous waste feed rate, and, as
> appropriate, the feed rates of other fuels and industrial furnace feed
> stocks, and any other relevant parameters that may affect the ability
> of the boiler or industrial furnace to meet the performance standards
> in §§266.104 through 266.107;
>
> • A description of, and planned operating conditions for, any emission
> control equipment that will be used;
>
> • Procedures for rapidly stopping the hazardous waste feed and
> controlling emissions in the event of an equipment malfunction; and
>
> • Other information that the Director reasonably finds necessary to
> determine whether to approve the trial burn plan.
>
> • Certification that the trial burn has been carried out in accordance
> with the approved trial burn plan;
>
> • Record of the results of the trial burn determinations specified in
> §270.66(c);
>
> • Record of the data collected during the trial burn, including the
> following information specified in Appendix IX, section 3:
>
> • Records of the data for sampling trains;
>
> • A demonstration of two or more trains for HCl and Cl~2~ monitoring;
>
> • For PCDD and PCDF monitoring, a record of retention time windows for
> each homologous series; and
>
> • For PCDD and PCDF sample analysis, a report of the audit sample
> concentration and the analyst\'s name.
>
> • Certifications on behalf of the applicant by the signature of a
> person authorized to sign a permit application or a report under
> §270.11 for all submissions required under §270.66(d).
>
> • Record of the determinations based on the trial burn that includes
> the following:
>
> • A quantitative analysis of the levels of antimony, arsenic, barium,
> beryllium, cadmium, chromium, lead, mercury, thallium, silver, and
> chlorine/chloride, in the feed streams;
>
> • When a DRE trial burn is required under §266.104(a), a quantitative
> analysis of the trial POHCs in the hazardous waste feed;
>
> • When a DRE trial burn is required under §266.104(a), a quantitative
> analysis of the stack gas for the concentration and mass emissions of
> the trial POHCs;
>
> • When a DRE trial burn is required under §266.104(a), a computation
> of the DRE, in accordance with the DRE formula specified in
> §266.104(a);
>
> • When a trial burn for chlorinated dioxins and furans is required
> under §266.104(e), a quantitative analysis of the stack gas for the
> concentration and mass emission rate of the 2,3,7,8-chlorinated
> tetra-octa congeners of chlorinated di-benzo-p-dioxins and furans, and
> a computation showing conformance with the emission standard;
>
> • When a trial burn for particulate matter, metals or HCl/Cl~2~ is
> required under §§266.105, 266.106(c) or (d), or 266.107(b)(2) or (c),
> a quantitative analysis of the stack gas for the concentrations and
> mass emissions of particulate matter. metals, or HCl and Cl~2~, and
> computations showing conformance with the applicable emission
> performance standards;
>
> • When a trial burn for DRE, metals, or HCl/Cl~2~ is required under
> §§266.104(a), 266.106(c) or (d), or 266.107(b)(2) or (c), a
> quantitative analysis of the scrubber water, ash residues, other
> residues, and products for the purpose of estimating the fate of the
> trial POHCs, metals, and chlorine/chloride;
>
> • Identification of sources of fugitive emissions and their means of
> control;
>
> • A continuous measurement of carbon monoxide, oxygen, and where
> required, hydrocarbons, in the stack gas; and
>
> • Other information requested by the Director.
>
> • A notice to the Director to establish a later date for submission of
> the Part B application or trial burn results, if completion of the
> trial burn conflicts with the date set for submission of the Part B
> application.

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements specified in sections 270.66, 270.22,
and 266.104 through 266.107, owners or operators must perform the
following activities:

> • Read the regulations;
>
> • Prepare and submit a request for an extension of the 720-hour
> operational period (§270.66(b)(1));
>
> • Prepare and submit a statement suggesting the conditions necessary
> to operate in compliance with sections 266.104 through 266.107 during
> the pre-trial burn period (§270.66(b)(1)(i));
>
> • Prepare and submit a statement suggesting the conditions necessary
> to operate in compliance with sections 266.104 through 266.107 during
> the post-trial burn period (§270.66(b)(3)(ii));
>
> • Prepare and submit a trial burn plan (§§270.66(c) and 270.22(a));
>
> • Conduct the trial burn and perform the following Appendix IX,
> section 3 activities (§§270.66(d), 270.22(a), 266.104 - .107, and
> Appendix IX, section 3):
>
> • Determine emissions of metals, hexavalent chromium, HCl, Cl~2~,
> PCDDs, PCDFs, aldehydes, and ketones (Appendix IX, sections 3.1
> through 3.6);
>
> • Record data for sampling trains (Appendix IX, sections 3.1.5.1.5,
> 3.2.5.1.5, 3.3.1.7.5.2, and 3.5.6.6.2);
>
> • Prepare and submit demonstration of two or more trains for HCl and
> Cl~2~ monitoring (Appendix IX, section 3.3.1.7.5.10);
>
> • For PCDD and PCDF monitoring, record retention time windows for each
> homologous series (Appendix IX, section 3.4.6.1.2.2); and
>
> • For PCDD and PCDF sample analysis, prepare and submit a report of
> the audit sample concentration and the analyst\'s name (Appendix IX,
> section 3.4.8.4);
>
> • Prepare and submit a certification that the trial burn has been
> carried out in accordance with the approved plan, and submit results
> of all determinations (§270.66(d)(3));
>
> • Submit data collected during any trial burn (§270.66(d)(4));
>
> • Certify all submissions (§270.66(d)(5));
>
> • Make determinations based on the trial burn (§§270.66(f) and
> 266.104-.107)); and
>
> • Prepare and submit a notice to the Director to establish a later
> date for submission of the Part B application or trial burn results,
> if completion of the trial burn conflicts with the date set for
> submission of the Part B application (§270.66(g)).

**Waivers of the Trial Burn**

**(1) Waiver of the Trial Burn for Boilers Operating Under Special
Operating Requirements**

\(i\) [Data items]{.underline}:

Section 270.22(a)(2)(i) requires owners or operators of a boiler to
submit documentation that the boiler operates under the special
operating requirements as specified in section 266.110 when seeking a
waiver for the DRE trial burn.

\(ii\) [Respondent activities]{.underline}:

To comply with section 270.22(a)(2)(i), respondents must:

> • Read the regulations; and
>
> • Prepare and submit documentation that the boiler operates under the
> special operating requirements provided by §266.110
> (§270.22(a)(2)(i)).

**(2) Waiver of the Trial Burn for Boilers and Industrial Furnaces
Burning Low-Risk Waste**

\(i\) [Data items]{.underline}:

Under 40 [CFR]{.underline} 270.22(a)(2)(ii), owners or operators of
boilers and industrial furnaces seeking to be permitted under the
provisions for low-risk waste provided by sections 266.104(a)(5) and
266.109(a) must submit the following data items:

> • Documentation that the device is operated in conformance with the
> requirements of §266.109(a)(1);
>
> • Results of analyses of each waste to be burned, documenting the
> concentrations of nonmetal compounds listed in appendix VIII of Part
> 261, except for those constituents that would reasonably not be
> expected to be in the waste;
>
> • Documentation of hazardous waste firing rates and calculations of
> reasonable, worst-case emission rates of each constituent identified
> in §270.22(a)(2)(ii)(B) using procedures provided by
> §266.109(a)(2)(ii));
>
> • Results of emissions dispersion modeling for emissions identified in
> §270.22(a)(2)(ii)(C) using modeling procedures prescribed by
> §266.106(h); and
>
> • Documentation that the maximum annual average ground level
> concentration of each constituent identified in §270.22(a)(2)(ii)(B)
> quantified in conformance with §270.22(a)(2)(ii)(D) does not exceed
> the allowable ambient level established in appendix IV or V of Part
> 266.

\(ii\) [Respondent activities]{.underline}:

Owners or operators must engage in the following activities to comply
with section 270.22(a)(2)(ii):

> • Read the regulations; and
>
> • Prepare and submit information in support of a waiver of the DRE
> trial burn (§§266.109(a)(2) and 270.22(a)(2)(ii)).

**(3) Waiver of the Trial Burn for Metals**

\(i\) [Data items]{.underline}:

Section 270.22(a)(3) allows owners or operators to apply for a waiver of
the trial burn for metals by seeking to be permitted under the Tier I
(or adjusted Tier I) metals feed rate screening limits provided by
sections 266.106(b) and 266.106(e). Owners or operators need to submit
the following data items to obtain this waiver:

> • Documentation of the feed rate of hazardous waste, other fuels, and
> industrial furnace feed stocks;
>
> • Documentation of the concentration of each metal controlled by
> §§266.106(b) or 266.106(e) in the hazardous waste, other fuels, and
> industrial furnace feed stocks, and calculations of the total feed
> rate of each metal;
>
> • Documentation of how the applicant will ensure that the Tier I feed
> rate screening limits provided by §§266.106(b) or 266.106(e) will not
> be exceeded during the averaging period;
>
> • Documentation to support the determination of the terrain-adjusted
> effective stack height, good engineering practice stack height,
> terrain type, and land use as provided by §§266.106(b)(3) through
> 266.106(b)(5);
>
> • Documentation of compliance with the provisions of §266.106(b)(6) if
> applicable, for facilities with multiple stacks;
>
> • Documentation that the facility does not fail the criteria provided
> by §266.106(b)(7) for eligibility to comply with the screening limits;
> and
>
> • Proposed sampling and metals analysis plan for the hazardous waste,
> other fuels, and industrial furnace feed stocks.

\(ii\) [Respondent activities]{.underline}:

Owners or operators must engage in the following activities to comply
with the regulations in sections 270.22(a)(3) and 266.106:

> • Read the regulations; and
>
> • Prepare and submit information in support of a waiver of the trial
> burn for metals (§270.22(a)(3)).

**(4) Waiver of the Trial Burn for Particulate Matter**

\(i\) [Data items]{.underline}:

Under sections 270.22(a)(4) and 266.105, owners and operators seeking to
be permitted under the low risk waste exemption provisions of
§266.109(b) which waives the particulate standard (and the trial burn to
demonstrate conformance with the standard) must submit the following
information:

> • Documentation showing that the BIF unit qualifies for the waiver of
> the DRE trial burn under the provisions for low risk waste, as
> provided in §270.22(a)(2)(ii); and
>
> • Documentation showing that the BIF unit qualifies for a waiver of
> the trial burn for metals, as provided in §270.22(a)(3).

\(ii\) [Respondent activities]{.underline}:

To obtain a waiver from the trial burn for particulate matter, owners
and operators must perform the following activities:

> • Read the regulations; and
>
> • Prepare and submit documentation in support of a waiver of the DRE
> trial burn for BIFs burning low risk waste.

**(5) Waiver of the Trial Burn for HCl and Cl~2~ Emissions**

\(i\) [Data items]{.underline}:

Under sections 270.22(a)(5) and 266.107, owners or operators can seek a
waiver of the trial burn for HCl and Cl~2~ by seeking to be permitted
under the Tier I (or adjusted Tier I) feed rate screening limits for
total chloride and chlorine provided by sections 266.107(b)(1) and
266.107(e). To obtain this waiver, owners or operators must submit the
following data items:

> • Documentation of the feed rate of hazardous waste, other fuels, and
> industrial furnace feed stocks;
>
> • Documentation of the levels of total chloride and chlorine in the
> hazardous waste, other fuels, and industrial furnace feed stocks, and
> calculations of the total feed rate of total chloride and chlorine;
>
> • Documentation of how the applicant will ensure that the Tier I (or
> adjusted Tier I) feed rate screening limits provided by section
> 266.107(b)(1)(e) will not be exceeded during the averaging period;
>
> • Documentation to support the determination of the terrain-adjusted
> effective stack height, good engineering practice stack height,
> terrain type, and land use as provided by §266.107(b)(3);
>
> • Documentation of compliance with the provisions of §266.107(b)(4),
> if applicable, for facilities with multiple stacks;
>
> • Documentation that the facility does not fail the criteria provided
> by §266.107(b)(3) for eligibility to comply with the screening limits;
> and
>
> • Proposed sampling and analysis plan for total chloride and chlorine
> fuels, the hazardous waste, other fuels, and industrial furnace feed
> stocks.

\(ii\) [Respondent activities]{.underline}:

Respondents must engage in the following activities to comply with
sections 270.22(a)(5) and 266.107:

> • Read the regulations; and
>
> • Prepare and submit information in support of a waiver of the trial
> burn for HCl and Cl (§270.22(a)(5)).

**(6) Data in Lieu of a Trial Burn**

\(i\) [Data items]{.underline}:

Section 270.66(a)(6) provides owners or operators with the opportunity
to seek an exemption from the trial burn requirements to demonstrate
conformance with sections 266.104 through 266.107, and 270.66. To seek
the exemption, owners or operators can provide the information required
by section 270.66 from previous compliance testing of the device in
conformance with section 266.103, or from compliance testing or trial or
operational burns of similar boilers or industrial furnaces burning
similar hazardous waste under similar conditions. If data from a similar
device is used to support the trial burn waiver, the design and
operating information required by section 270.66 must be provided for
both the similar device and the device to which the data is to be
applied, and a comparison of the design and operating information must
be provided. The specific data items that must be submitted to fulfill
these requirements include the following:

> • A description and analysis of the hazardous waste to be burned
> compared with the hazardous waste for which data from compliance
> testing, or operational or trial burns are provided to support the
> contention that a trial burn is not needed;
>
> • The design and operating conditions of the boiler or industrial
> furnace to be used, compared with that for which comparative burn data
> are available;
>
> • Supplemental information the Director finds necessary to achieve the
> purposes of §270.22(a)(6); and
>
> • For a waiver of the DRE trial burn, the basis for selection of POHCs
> used in the other trial or operational burns which demonstrate
> compliance with the DRE performance standard in §266.104(a),
> including:
>
> • Specification of the constituents in appendix VIII, Part 261, that
> the applicant has identified in the hazardous waste for which a permit
> is sought; and
>
> • Documentation of differences from the POHCs in the hazardous waste
> for which burn data are provided.

\(ii\) [Respondent activities]{.underline}:

To comply with sections 270.22(a)(6), 270.66, and 266.103(c)(3),
respondents must perform the following activities:

> • Read the regulations;
>
> • Provide information in support of using compliance test data from
> one unit in lieu of testing a similar on-site unit (§§270.22(a)(6),
> 270.66, and 266.103(c)(3)); and
>
> • Submit data from a similar unit operating under similar conditions
> (§270.22(a)(6)).

**Alternative HC Limit for Industrial Furnaces With Organic Matter in
Raw Materials**

\(i\) [Data items]{.underline}:

Section 270.22(b) allows owners or operators of industrial furnaces to
request an alternative HC limit under section 266.104(f). Data items
associated with this request include the following:

> • Documentation that the furnace is designed and operated to minimize
> HC emissions from fuels and raw materials;
>
> • Documentation of the proposed baseline flue gas HC (and CO)
> concentration, including data on HC (and CO) levels during tests when
> the facility produced normal products under normal operating
> conditions from normal raw materials while burning normal fuels and
> when not burning hazardous waste;
>
> • Test burn protocol to confirm the baseline HC (and CO) level;
>
> • A trial burn plan that includes the following:
>
> • Demonstration that the flue gas HC (and CO) concentrations when
> burning hazardous waste do not exceed the baseline HC (and CO) level;
> and
>
> • Identification of the types and concentrations of organic compounds
> listed in appendix VIII, Part 261, that are emitted when burning
> hazardous waste in conformance with procedures prescribed by the
> Director;
>
> • Implementation plan to monitor over time changes in the operation of
> the facility that could reduce the baseline HC level and procedures to
> periodically confirm the baseline HC level; and
>
> • Additional information the Director finds necessary to achieve the
> purposes of §270.22(b).

\(ii\) [Respondent activities]{.underline}:

Respondents must engage in the following activities to comply with
sections 270.22(b) and 266.104(f):

> • Read the regulations; and
>
> • Prepare and submit information in support of an alternative HC
> limit, as provided in §§266.104(f) and 270.22(b).

**Alternative Metals Implementation Approach**

\(i\) [Data items]{.underline}:

Section 270.22(c) provides owners and operators the opportunity to be
permitted under an alternative metals implementation approach under
section 266.106(f). When seeking to be permitted under an alternative
metals implementation approach under these sections, owners or operators
must submit the following information:

> • Documentation specifying how the approach ensures compliance with
> the metals emissions standards of §§266.106(c) or 266.106(d);
>
> • Documentation specifying how an alternative approach can be
> effectively implemented and monitored; and
>
> • Additional information that the Director finds necessary to achieve
> the purposes of §270.22(c).

\(ii\) [Respondent activities]{.underline}:

To comply with the requirements in sections 270.22(c) and 266.106(f),
owners or operators must perform the following activities:

> • Read the regulations; and
>
> • Prepare and submit information in support of an alternative
> implementation approach, as provided by §§270.22(c) and 266.106(f).

**Automatic Hazardous Waste Feed Cutoff System**

\(i\) [Data item]{.underline}:

Section 270.22(d) requires owners and operators to submit information
describing the automatic hazardous waste feed cutoff system, including
any pre-alarm systems that may be used.

\(ii\) [Respondent activities]{.underline}:

To comply with section 270.22(d), respondents must engage in the
following activities:

> • Read the regulations; and
>
> • Prepare and submit information describing the automatic waste feed
> cutoff system (§270.22(d)).

**Direct Transfer Requirements**

\(i\) [Data items]{.underline}:

Under section 270.22(e) owners and operators that use direct transfer
operations to feed hazardous waste from transport vehicles directly to
the boiler or industrial furnace must submit information supporting
conformance with the standards for direct transfer provided by section
266.111. Data items associated with these requirements include the
following:

> • Certification by the local Fire Marshall that the installation meets
> the subject NFPA codes;
>
> • A written assessment reviewed and certified by a qualified,
> registered professional engineer in accordance with §270.11(d) that
> attests to the equipment\'s integrity and includes the following:
>
> • Design standards, if available, according to which the direct
> transfer equipment was constructed;
>
> • Hazardous characteristics of the waste(s) that have been or will be
> handled;
>
> • Existing corrosion protection measures;
>
> • Documented age of the equipment, if available, (otherwise, an
> estimate of the age); and
>
> • Results of a leak test or other integrity examination such that the
> effects of temperature variations, vapor pockets, cracks, leaks,
> corrosion, and erosion are accounted for; and
>
> • Record of hourly inspections when hazardous waste is being
> transferred from the transport vehicle (container) to the boiler or
> industrial furnace that includes the inspection of the following:
>
> • Overfill/spill control equipment to ensure that it is in good
> working order;
>
> • The above ground portions of the direct transfer equipment to detect
> corrosion, erosion, or releases of waste; and
>
> • Data gathered from monitoring equipment and leak-detection equipment
> to ensure that the direct transfer equipment is being operated
> according to its design.

\(ii\) [Respondent activities]{.underline}:

Owners and operators must complete the following activities to comply
with sections 270.22(e) and 266.111:

> • Read the regulations;
>
> • Collect data in support of a certification that the installation
> meets subject NFPA codes (§266.111(d)(2));
>
> • Obtain and keep on file a written certification that the
> installation meets subject NFPA codes (§266.111(d)(2));
>
> • Collect data in support of an assessment that attests to the
> equipment\'s integrity (§266.111(e)(2));
>
> • Obtain and keep on file a written assessment that attests to the
> equipment\'s integrity (§266.111(e)(2));
>
> • Conduct inspections of equipment and data gathered
> (§266.111(e)(3)(i)-(ii)); and
>
> • Record and maintain inspection data until closure of the facility
> (§266.111(e)(3)(iii)).

**Regulation of Residues**

\(i\) [Data items]{.underline}:

Section 270.22(f) allows owners and operators of certain BIFs to receive
an exemption from classification as a hazardous waste of residue
generated during the burning of hazardous waste if the owner or operator
can demonstrate that the burning of the hazardous waste does not
significantly affect the character of the residue. Data items associated
with this demonstration include the following:

> • Demonstration that the hazardous waste does not significantly affect
> the residue by demonstrating the following:
>
> • The waste-derived residue does not contain appendix VIII, Part 261
> constituents that could reasonably be attributable to the hazardous
> waste at concentrations significantly higher than in residue generated
> without burning or processing of hazardous waste by the methods
> specified in §§266.112(b)(1)(i) through 266.112(b)(1)(ii); or
>
> • The concentrations of nonmetal toxic constituents of concern (as
> specified in §266.112(b)(1)) in the waste-derived residue does not
> exceed the health-based levels specified in appendix VIII, Part 266;
> and
>
> • Waste derived residue is sampled and analyzed as often as necessary
> to ensure that the residue generated during each 24-hour period does
> not have concentrations of toxic constituents that are higher than the
> health-based limits.
>
> • Documentation of compliance with section 266.112 that record the
> following:
>
> • Levels of constituents in appendix VIII, Part 261, that are present
> in waste-derived residues;
>
> • If the waste-derived residue is compared with the normal residue
> under §266.112(b)(1), the following must be recorded:
>
> • The levels of constituents in appendix VIII, Part 261 that are
> present in normal residues; and
>
> • Data and information, including analyses of samples as necessary,
> obtained to determine if changes in raw materials or fuels would
> reduce the concentration of toxic constituents of concern in the
> normal residue.

In addition, Appendix IX, sections 7.3 and 7.4 require owners and
operators to maintain supporting rationale for alternate statistical
practices used to demonstrate conformance with the exemption
requirements. Data items include the following:

> • For an alternate statistical approach, supporting rationale that
> demonstrates sound statistical practice; and
>
> • Supporting rationale for an approach for handling nondetect data
> points.

\(ii\) [Respondent activities]{.underline}:

Respondents must complete the following activities to comply with
sections 270.22(f) and 266.112:

> • Read the regulations;
>
> • For an alternate statistical approach, prepare and maintain on file
> a rationale that demonstrates sound statistical practice (Appendix IX,
> section 7.3); and
>
> • Prepare and maintain on file a supporting rationale for an approach
> for handling nondetect data points (Appendix IX, section 7.4).

**Permit Modifications for BIFs**

**Transfer of Permits**

\(i\) [Data items]{.underline}:

40 [CFR]{.underline} 270.40(b) explains that changes in the ownership or
operational control of a facility may be made as a Class 1 modification
with prior written approval of EPA. The requirements associated with
applying for a Class 1 modification are discussed in this ICR under
§270.42(a). In addition to the Class 1 modification requirements, owners
and operators must also submit the following information in order to
transfer ownership or operational control of a facility:

> • A written agreement containing a specific date for transfer of
> permit responsibility between the current and new permittees; and
>
> • A demonstration that the new owner or operator is complying with the
> requirements of Subpart H (financial requirements), within 6 months of
> the date of the change of ownership or operational control of the
> facility. The requirements associated with this demonstration are
> discussed in this ICR under §§270.14(b) (15) and (16).

\(ii\) [Respondent activities]{.underline}:

In complying with the requirements of this section, owners and operators
must perform the following activities:

> • Read the regulations; and
>
> • Prepare and submit the written agreement.

**Permit Modification at the Request of the Agency**

\(i\) [Data items]{.underline}:

EPA has the authority under §270.41 to modify any permit when certain
causes for modification exist, including substantial alterations to the
facility, new information not available at the time of permitting, new
statutory requirements or regulations, and events over which the
permittee has little or no control and for which there is no reasonable
remedy. Facilities required to submit a Agency-initiated permit
modification will submit a Class 2 or Class 3 permit modification as
described under §270.42.

\(ii\) [Respondent activities]{.underline}:

In complying with the requirements for Agency-initiated permit
modifications, respondents must perform the following activities:

> • Read the regulations;
>
> • Prepare and submit the modification request;
>
> • Prepare and submit proof of public notice; and
>
> • File a record of the permit modification request at the facility.

**Permit Modification at the Request of the Permittee**

**(1) Class 1 Modifications**

\(i\) [Data items]{.underline}:

In making an application for a Class 1 permit modification under
§270.42(a), owners and operators must provide the following information:

> • A notification to EPA concerning the permit modification within 7
> calendar days after the change is put into effect (§270.42(a)(i)). The
> notice should specify the changes being made to the permit conditions
> or supporting documents referenced by the permit and must explain why
> these changes are necessary;
>
> • Applicable information required by §§270.13 through 270.21, 270.62,
> and 270.63 (§270.42(a)(i)); and
>
> • A written notification of the modification to all persons on the
> facility mailing list and the appropriate units of State and local
> governments (§270.42(a)(ii)). This notification must be made within 90
> calendar days after the change is put into effect. For the Class 1
> modifications that require prior EPA approval, the notification must
> be made within 90 calendar days after EPA approves the request.

\(ii\) [Respondent activities]{.underline}:

In complying with the requirements for Class 1 permit modifications,
owners and operators must perform the following activities:

> • Read the regulations;
>
> • Prepare and submit the notification required under §270.42(a)(i);
>
> • Prepare and submit the applicable information required by §§270.13
> through 270.21, 270.62, and 270.63;
>
> • Prepare and submit written notification to all persons on the
> mailing list and the appropriate units of State and local governments;
> and
>
> • File a record of the permit modification request and supporting
> documents at the facility.

**(2) Class 2 and 3 Modifications**

\(i\) [Data items]{.underline}:

In making an application for a Class 2 or 3 permit modification under
§270.42(b) or §270.42(c), respectively, owners and operators must
provide the following information:

> • A modification request, submitted to EPA, that:
>
> • Describes the exact change to be made to the permit conditions and
> supporting documents referenced by the permit;
>
> • Identifies that the modification is a Class 2 modification;
>
> • Explains why the modification is needed; and
>
> • Provides the applicable information required by §§270.13 through
> 270.21, 270.62, and 270.63;
>
> • A written notification of the modification request to all persons on
> the facility mailing list and the appropriate units of State and local
> governments, and publication of the notice in a major local newspaper
> of general circulation. The notice must be mailed and published within
> 7 days before or after the date of submission of the modification
> request, and must contain the information listed in §270.42(b)(2)
> (i)-(vi) or §270.42(c)(2) (i)-(vi). In addition, the permittee must
> provide to EPA evidence of the mailing and publication; and
>
> • A record of the permit modification request and supporting
> documents, placed in a location accessible to the public in the
> vicinity of the permitted facility.

\(ii\) [Respondent activities]{.underline}:

In complying with the requirements for Class 2 or 3 permit
modifications, owners and operators must perform the following
activities:

> • Read the regulations;
>
> • Prepare and submit the modification request;
>
> • Prepare and distribute a written notification of the modification
> request;
>
> • Provide for newspaper publication of the notice;
>
> • Prepare and submit to EPA proof of public notice; and
>
> • File a record of the permit modification request and supporting
> documents.

**(3) Request for Classification of a Permit Modification**

\(i\) [Data item]{.underline}:

For modifications that are not explicitly listed in appendix I of
section 270.42(d)(1), the permittee may submit a Class 3 modification
request, or he or she may request that the Director review the
modification and classify it as a Class 1 or Class 2 modification. For
such a request, the permittee must provide the Agency with the necessary
information to support the requested classification.

\(ii\) [Respondent activities]{.underline}:

To request a classification for a permit modification, the permittee
must perform the following activities:

> • Read the regulations; and
>
> • Prepare and submit information to support the requested
> classification.

**Temporary Authorizations**

\(i\) [Data items]{.underline}:

In making an application for temporary authorization under 40
[CFR]{.underline} 270.42(e), owners and operators must supply the
following information:

> • A temporary authorization request containing the following
> information listed under §270.42(e)(2)(ii)(A)-(C):
>
> • A description of the activities to be conducted under the temporary
> authorization;
>
> • An explanation of why the temporary authorization is necessary; and
>
> • Sufficient information to ensure compliance with 40
> [CFR]{.underline} Part 264 standards; and
>
> • A written notification of the temporary authorization request to all
> persons on the facility mailing list and to the appropriate units of
> State and local governments (§270.42(e)(2)(iii)). This notification
> must be made within 7 days of submission of the authorization request.

\(ii\) [Respondent activities]{.underline}:

In complying with the requirements for temporary authorization, owners
and operators must perform the following activities:

> • Read the regulations;
>
> • Prepare and submit a temporary authorization request; and
>
> • Prepare and distribute notification of the temporary authorization
> request to all persons on the facility mailing list and to the
> appropriate units of State and local governments.

# 5. INFORMATION COLLECTED \-- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 

##  5(a) AGENCY ACTIVITIES

***COMPARABLE/SYNGAS FUEL SPECIFICATION***

The Agency must review submissions of a notice claiming the
comparable/syngas fuel exclusion.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs***

**General Facility Operating Requirements**

The requirements for the foreign shipment import report state that
owners or operators must notify the Regional Administrator of the
anticipated collection of hazardous waste. In turn, the Agency must
review the information included in the notification. EPA also performs
on-site review of facility inspection records.

**Recordkeeping Requirements**

Only one Agency activity is associated with the operating record
requirements: on-site review of the record.

**Contingency Plan and Emergency Procedures**

**Contingency Plan**

One Agency activity is associated with the development and amendment of
the contingency plan: reviewing the contingency plan during on-site
inspections.

**Emergency Reporting Requirements**

Agency activities associated with emergency reporting requirements
include reviewing documents in the owners\' or operators\' and emergency
coordinators\' emergency reports.

**Closure Requirements**

Agency activities associated with the regulations promulgated in 40
[CFR]{.underline}, Parts 264 and 265, Subpart G, include reviewing the
following data items:

> • Closure plans;
>
> • Closure plan amendment notifications;
>
> • Partial/final closure notifications;
>
> • Demonstrations for closure extensions and allowances; and
>
> • Closure certifications.

**Financial Requirements**

EPA uses the cost estimates and financial assurance mechanisms to ensure
compliance with Subpart H. In the event that an owner or operator is
unable or unwilling to perform closure activities or to pay third-party
damages, EPA will draw upon the mechanisms. The cost estimates are
normally retained by the owner or operator during interim status; they
are submitted to the Region or authorized State as part of the permit
process.

The financial assurance instruments for closure care and liability
coverage, with standard wording, are submitted by the owner or operator
(or the third-party financial entity) to the Region or authorized State
that serves the area where the facility is located. These submissions
must be made by the effective date of the regulations for existing
facilities \-- July 6, 1982 (Assurance) and July 15, 1982 (Liability)
\-- and sixty days before the initial receipt of hazardous wastes at new
facilities. There was a phase-in period for nonsudden coverage for
existing facilities. January 16, 1985 was the final phase-in date.

When financial assurance information is submitted, EPA conducts a review
for completeness, then enters the information into the RCRAInfo
database. The EPA Regional or State offices establish a file for each
applicant that contains the submissions. The financial instruments are
maintained in a secure area.

Submissions are tabulated in the EPA Regional Offices and Headquarters
and are used by Agency management to oversee implementation of the RCRA
financial responsibility requirements. The information is also shared
with States to assist them in implementing their hazardous waste
management programs. There are no plans to publish information obtained
under the Subpart H financial requirements.

**Conditions Applicable to All Permits**

EPA reviews all information submitted at intervals specified in the
permit. This information includes monitoring reports and reports on
compliance or noncompliance with compliance schedules. EPA also reviews
information that may be submitted on occasion by facilities, if
necessary. Such information includes notices of planned physical
alterations or additions; notices of planned changes or activities;
letters certifying compliance; information concerning releases, fires,
or explosions; reports of other noncompliance; and corrected or new
information.

***SPECIFIC UNIT REQUIREMENTS FOR BIFs***

**Exemptions from the BIF Regulations**

**Exemptions for Metal Recovery Furnaces**

Agency activities associated with demonstrations for exemptions from the
boiler and industrial furnace regulations for metal recovery furnaces
include reviewing and evaluating both the one-time notice submitted
under section 266.100(c)(1)(i) and the one-time notice required by
section 266.100(c)(3) submitted for a lead or nickel-chromium recovery
furnace, or a metal recovery furnace that burns baghouse bags used to
capture metallic dusts emitted by steel manufacturing. In addition, the
Agency must enter this information into a database.

**Exemptions For Lead Recovery Furnaces**

Agency activities associated with demonstrations from the boiler and
industrial furnace regulations for lead recovery furnaces include
reviewing the one-time notice required by section 266.100(h). In
addition, the Agency must enter this information into a database.

**Exemptions For Smelting, Melting, and Refining Furnaces**

Agency activities associated with demonstrations for exemptions from the
boiler and industrial furnace regulations for smelting, melting, and
refining furnaces include reviewing and evaluating the one-time notice
submitted under section 266.100(f) and entering this information into a
database.

**Small Quantity On-Site Burner Exemption**

Agency activities associated with demonstrations for exemptions from the
boiler and industrial furnace regulations for small quantity on-site
burners include reviewing and evaluating the notification of
qualification for the exemption provided by section 266.108(d), and
entering the information into a database.

**Permit Standards**

**Monitoring and Inspections**

Agency activities associated with monitoring and inspections
requirements for permitted burners, as specified in section
266.102(e)(8) and Appendix IX, sections 2 and 3, include reviewing data
and results of tests and methods, reviewing requests for an alternative
relative accuracy procedure, and evaluating the demonstration that
weekly inspections of the hazardous waste feed cutoff system will unduly
restrict or upset operations. In addition, EPA must enter this
information into a database. While other information collected as part
of monitoring and inspections is not submitted to EPA, EPA may review
such records during facility inspections.

**Interim Status Standards**

**Purpose, Scope, and Applicability**

Agency activities associated with the requirements specified in section
266.103(a) for interim status burners include reviewing and evaluating
the documentation supporting an allowance for burning hazardous waste
that has a heating value of less than 5,000 Btu/lb. In addition, the
Agency must enter this information into a database.

**Certification of Precompliance**

Agency activities associated with the requirements for a certification
of precompliance for interim status burners, as specified in section
266.103(b) and Appendix IX, section 9.4, include reviewing a record of
all assumptions and calculations necessary to justify the air pollution
control system removal efficiency used, and reviewing and evaluating the
information associated with the certification of precompliance. The
Agency must also review and evaluate the limits and certification on
operating conditions, the evidence of submittal of the public notice,
the revised certification of precompliance, and the certification of
precompliance statement. In addition, the Agency must enter this
information into a database.

**Certification of Compliance**

Agency activities associated with the requirements for a certification
of compliance as specified in section 266.103(c) include reviewing and
evaluating the limits on operating conditions, the notice of compliance
testing, the information required in the certification of compliance,
and the notification that the facility is operating under restricted
interim status. The Agency must also review and evaluate information
supporting the use of compliance test data from a similar unit in lieu
of performing compliance testing, demonstrations that the owner or
operator made a good faith effort to operate a heated monitoring system,
requests for a case-by-case extension, and revised certifications of
compliance. In addition, the Agency must enter this information into a
database.

**Periodic Recertifications**

Agency activities associated with the periodic recertification for
interim status burners as specified in section 266.103(d) include
reviewing and evaluating the periodic recertification and entering this
information into a database.

**Fugitive Emissions**

Agency activities associated with the fugitive emissions requirements
for interim status burners as specified in section 266.103(h) include
reviewing and evaluating demonstrations for an alternate means of
fugitive emissions control and entering this information into a
database.

**Monitoring and Inspections**

Agency activities associated with the monitoring and inspection
requirements for interim status burners, as specified in section
266.103(j) and Appendix IX, sections 2 and 3, include reviewing data and
results of tests and methods, reviewing requests for an alternative
relative accuracy procedure, and reviewing and evaluating demonstrations
that weekly inspections of the hazardous waste feed cutoff system will
unduly restrict or upset operations. In addition, this information must
be entered into a database. While other information collected as part of
monitoring and inspections is not submitted to EPA, EPA may review such
records during facility inspections.

**Standards to Control Organic Emissions**

Agency activities associated with the standards to control organic
emissions as specified in section 266.104 include reviewing and
evaluating demonstrations for an alternate POHC designation and entering
this information into a database.

**Standards to Control Metal Emissions**

Agency activities associated with the standards to control metal
emissions include reviewing and evaluating information submitted in
support of an alternative implementation approach, as provided by
section 266.106(f). In addition, the Agency must enter this information
into a database.

**Direct Transfer Requirements**

Owners and operator of BIFs are not required to submit any information
to EPA relating to their direct transfer operations. EPA may review
information on a facility\'s direct transfer system during facility
inspections.

**Regulation of Residues**

Agency activities associated with the regulation of residues as
specified in section 266.112 include reviewing, evaluating, and entering
into a database, demonstrations that hazardous waste does not
significantly affect the residue.

***PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR
BIFs***

**General Part B Information Requirements for BIFs**

**General Requirements**

Agency activities associated with demonstrations by owners and operators
to obtain allowance from Regional Administrators to submit information
prescribed in Part B on a case-by-case basis include reviewing and
approving demonstration and entering the information into a database.

**General Facility Standards**

Agency activities associated with the requirement that owners and
operators of hazardous waste management facilities submit in their Part
B permit applications information on compliance with general facility
standards include reviewing the required information and entering it
into a database.

**Financial Assurance**

**(1) Cost Estimates for Closure Care**

Agency activities associated with cost estimates for closure care
include reviewing written cost estimates and entering the information
into a database.

**(2) Financial Assurance for Closure Care**

Agency activities associated with the requirements for financial
assurance for closure care include reviewing the documentation of
financial assurance submitted by the respondent and entering the
information into a database.

**(3) Use of a Financial Mechanism for Multiple Facilities**

The information required under this section will be submitted with the
information provided by the owner or operator to establish financial
assurance mechanisms. Therefore, this ICR assumes that any Agency
activities related to the requirements of this section are already
covered under the previous sections.

**(4) Liability Requirements**

**(a) Coverage for Sudden or Nonsudden Accidental Occurrences**

Agency activities associated with the establishment of liability
coverage for sudden or nonsudden accidental occurrences include
reviewing the information submitted and entering information into a
database.

**(b) Request for Variance**

Agency activities associated with allowing owners and operators to
obtain a variance from EPA include reviewing requests for variance,
including any technical or engineering information required by EPA.

**(c) Adjustments by the Regional Administrator**

Agency activities associated with allowing the Agency to adjust the
level of financial responsibility required under section 264.147 to
protect human health and the environment include reviewing any
information requested by the Agency and, if the Agency decides to adjust
the level or type of coverage, permit modifications. The Agency burden
associated with permit modifications is discussed below under the
section entitled \"Permit Modifications.\"

**(5) Coverage by a State Financial Mechanism**

Agency activities associated with establishing coverage by State
financial mechanisms include reviewing letters from owners and
operators, written evidence of the establishment of State-required
financial assurance mechanisms, or letters from the State describing the
State\'s assumption of responsibility and including the information
specified above, and any additional information requested by EPA.

**Topographical Map**

Agency activities associated with the requirement that owners and
operators must provide a topographical map include reviewing the
topographical map and entering the information into a database.

**Schedules of Compliance**

Agency activities associated with the requirement that owners and
operators specify in permits a schedule of compliance leading to
compliance with the Act and regulations, where appropriate, include
reviewing the following information: schedules of compliance,
alternative schedules of compliance under section 270.33(b)(2),
applications for two schedules of compliance, and evidence of firm
public commitment to cease conducting regulated activities. The Agency
will also enter the information into a database.

**Specific Part B Information Requirements for BIFs**

**Fugitive Emissions**

Agency activities associated with fugitive emissions demonstrations
include reviewing and evaluating information supporting a demonstration
for an alternate means of fugitive emissions control and entering this
information into a database.

**Part B Information Requirements for the Pre-Trial Burn, Trial Burn,
and Post-Trial Burn Periods**

Agency activities associated with the specific Part B information
requirements for boilers and industrial furnaces burning hazardous waste
requests for an extension of the 720-hour operational period, and
statements suggesting the conditions necessary to operate in compliance
with sections 266.104 through 266.107 during the pre-trial and
post-trial burn periods. In addition, the Agency must review and
evaluate trial burn plans, the data collected during trial burns, the
certifications of submissions, and the determinations based on the trial
burn. The Agency must also review and evaluate certifications that the
trial burn has been carried out in accordance with the approved plan and
submit the results of its determinations. The Agency must enter all of
this information into a database.

**Waivers of the Trial Burn**

**(1) Waiver of the Trial Burn for Boilers Operating Under Special
Operating Requirements**

Agency activities associated with the waiver of the trial burn for
boilers operating under special operating requirements include reviewing
and evaluating the documentation that the boiler operates under the
special operating requirements provided by section 266.110 and entering
this information into a database.

**(2) Waiver of the Trial Burn For Boilers and Industrial Furnaces
Burning Low-Risk Waste**

Agency activities associated with the waiver of the trial burn for
boilers and industrial furnaces burning low-risk waste as specified in
sections 266.109(a)(2) and 270.22(a)(2)(ii) include reviewing and
evaluating information in support of a waiver of the DRE trial burn and
entering this information into a database.

**(3) Waiver of the Trial Burn for Metals**

Agency activities associated with the waiver of the trial burn for
metals as specified in sections 270.22(a)(3) and 266.106 include
reviewing and evaluating the information supporting the waiver and
entering this information into a database.

**(4) Waiver of the Trial Burn for Particulate Matter**

Agency activities associated with the waiver of the trial burn for
particulate matter as specified in sections 270.22(a)(4) and 266.105
include reviewing and evaluating the information supporting the waiver
and entering the information into a database.

**(5) Waiver of the Trial Burn for HCl and Cl Emissions**

Agency activities associated with the waiver of the trial burn for HCl
and Cl emissions as specified in sections 270.22(a)(5) and 266.107
include reviewing and evaluating the information supporting the waiver
and entering this information into a database.

**(6) Data in Lieu of a Trial Burn**

Agency activities associated with the submission of data in lieu of a
trial burn as specified in sections 270.22(a)(6), 270.66, and
266.103(c)(3) include reviewing and evaluating information supporting
the use of compliance test data, or trial burn data from a similar unit,
in lieu of conducting a trial burn, and entering this information into a
database. In addition, the Agency must review, evaluate, and enter into
a database the data from the similar unit that is operating under
similar conditions.

**Alternative HC Limit for Industrial Furnaces With Organic Matter in
Raw Materials**

Agency activities associated with the alternative HC limit for
industrial furnaces with organic matter in raw materials include
reviewing and evaluating information supporting an alternative HC limit,
as provided in sections 270.22(b) and 266.104(f), and entering this
information into a database.

**Alternative Metals Implementation Approach**

Agency activities associated with the alternative metals implementation
approach include reviewing and evaluating information supporting the
approach as provided by sections 270.22(c) and 266.106(f) and entering
this information into a database.

**Automatic Hazardous Waste Feed Cutoff System**

Agency activities associated with the automatic hazardous waste feed
cutoff system as specified in sections 270.22(d) include reviewing and
evaluating the information describing the system and entering this
information into a database.

**Direct Transfer Requirements**

Owners and operator of BIFs are not required to submit any information
to EPA relating to their direct transfer operations. EPA may review
information on a facility\'s direct transfer system during facility
inspections.

**Regulation of Residues**

Owners and operator of BIFs are not required to submit any information
in their Part B Permit Applications relating to their claim of exemption
for their residues from classification as hazardous waste. EPA may
review this information, however, during facility inspections.

**Permit Modifications for BIFs**

**Transfer of Permits**

Agency activities associated with the transfer of permits include
reviewing written agreements and entering the information into a
database.

**Permit Modification at the Request of the Agency**

Agency activities associated with Agency-initiated permit modifications
include reviewing the modification request and entering the information
into a database.

**Permit Modification at the Request of the Permittee**

**(1) Class 1 Modifications**

Agency activities associated with applications for Class 1 permit
modifications include reviewing notifications required under section
270.42(a)(i), and applicable information required by sections 270.13
through 270.21, 270.62, and 270.63, and entering the information into a
database.

**(2) Class 2 and 3 Modifications**

Agency activities associated with applications for Class 2 or 3 permit
modifications include reviewing modifications requests and written
notifications, and entering the information into a database.

**(3) Request for Classification of a Permit Modification**

Agency activities associated with requests for classification of a
permit modification include reviewing the information submitted in
support of a request, making a determination on the request, and
entering the information into a database.

**Temporary Authorizations**

Agency activities associated with applications for temporary
authorization include reviewing temporary authorization requests and
entering the information into a database.

**Expiration and Continuation of Permits**

Agency activities associated with renewing existing permits include
conducting the same

activities as they would for initial permit applications.

##  5(b) COLLECTION METHODOLOGY AND MANAGEMENT

In collecting and analyzing the information required for boilers and
industrial furnaces, EPA uses electronic equipment such as personal
computers and applicable database software, where appropriate.

For information that is kept in facility files rather than submitted,
the Agency visits the facility and collect any information that it
wishes to review. Agency management of collected information includes
review of information, making determinations, and filing and storing the
information collected.

##  5(c) SMALL ENTITY FLEXIBILITY

In response to concerns regarding the burden placed on facilities that
burn small quantities of hazardous waste, EPA has provided for an
exemption under section 3004(q)(2)(B) of RCRA. The Agency has carefully
evaluated the risks posed by small quantity burning and concluded that a
conditional exemption for small quantity burners should be allowed where
hazardous waste combustion poses an insignificant risk. This small
quantity burner exemption would therefore reduce the burden placed on
small entities.

In addition, EPA expects that in certain cases, respondents of small
organizations will be able to complete recordkeeping, reporting, and
application requirements in less time than large organizations because
the permits will not be as detailed, or they will not be required to
conduct as many monitoring activities or submit as many reports, because
they have fewer activities requiring monitoring and reporting. However,
a parallel does not always exist between the size of an organization and
the amount of time needed to maintain records or submit reports. EPA has
taken steps to minimize the burdens for all facilities, regardless of
the size of the business.

##  5(d) COLLECTION SCHEDULE

***COMPARABLE/SYNGAS FUEL SPECIFICATION***

Section 261.38 exempts comparable/syngas fuel from the definition of
solid waste. As the submittal of a notice to burn such waste is
optional, there is no specialized timeframe for submitting the notice or
related records.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs***

**General Facility Operating Requirements**

The reporting requirements outlined in the regulations will vary
according to individual facility circumstances (e.g., when receiving
hazardous waste from a foreign source).

**Recordkeeping Requirements**

Since the operating record is maintained at the facility, discussion of
a collection schedule is not applicable. Copies of records of waste
disposal are submitted to EPA upon closure of the facility.

**Contingency Plan and Emergency Procedures**

The contingency plan is collected when the permittee submits the Part B
permit application. A discussion of the contingency plan collection
schedule for permitted facilities is included in the permit application
and permit modification portion of this ICR. Since interim status
facilities are not required to submit their contingency plans to EPA,
discussion of a collection schedule for these facilities is not
applicable.

The owner or operator must submit a written report of any incident that
requires implementation of the contingency plan within 15 days after the
incident occurs. The emergency coordinator must immediately notify the
appropriate authorities of an imminent or actual emergency situation.

**Closure Requirements**

Permitted facilities submit their closure plans to EPA when submitting a
Part B permit application. A discussion addressing collection schedules
for permitted facilities is included in the permit application and
permit modification portion of this ICR.

Interim status closure plans must be submitted according to the
following schedules:

> • The owner or operator must submit the closure plan to the Regional
> Administrator at least 180 days prior to the date on which he or she
> expects to begin closure of the first surface impoundment, waste pile,
> land treatment, or landfill unit, or final closure if it involves such
> a unit, whichever is earlier;
>
> • The owner or operator must submit the closure plan to the Regional
> Administrator at least 45 days prior to the date on which he or she
> expects to begin final closure of a facility with only tanks,
> container storage, or incinerator units;
>
> • Owners or operators with approved closure plans must notify the
> Regional Administrator in writing at least 60 days prior to the date
> on which they expect to begin closure of a surface impoundment, waste
> pile, landfill, or land treatment unit, or final closure of a facility
> involving such a unit;
>
> • Owners and operators with approved closure plans must notify the
> Regional Administrator in writing at least 45 days prior to the date
> on which they expect to begin final closure of a facility with only
> tanks, container storage, or incinerator units;
>
> • The owner or operator must submit the closure plan to the Regional
> Administrator no later than 15 days after:
>
> • Termination of interim status except when a permit is issued
> simultaneously with termination of interim status; or
>
> • Issuance of a judicial decree or final order under §3008 of RCRA to
> cease receiving hazardous wastes or close.

Both interim status and permitted facilities are required to submit
closure certifications according to the following schedule:

> • The owner or operator must submit a certification of closure to the
> Regional Administrator within 60 days of final closure.

**Financial Requirements**

For closure cost estimates, owners or operators must prepare initial
cost estimates for activities identified in the closure plans.
Thereafter, owners or operators must provide annual adjustments of these
cost estimates to account for inflation. Also, owners or operators may
be required to prepare new cost estimates, if changes in the closure
plan increase closure costs. This burden will vary from facility to
facility.

For closure care financial instruments, owners or operators must
initially establish a financial instrument(s) assuring the cost of
closure care. Thereafter, owners or operators must annually check the
amount covered by the instrument(s) to make sure it equals the adjusted
cost estimate, and change the amount assured accordingly.

For liability coverage requirements, owners or operators of facilities
identified in sections 264.147 and 265.147 must initially demonstrate
liability coverage for sudden and nonsudden accidents during the
facilities\' active life. Some of the financial instruments for
liability coverage require additional reporting on an annual basis; for
example, owners or operators must annually submit documentation to EPA
supporting the use of the financial test or guarantee. Furthermore,
owners or operators may also have to provide information due to varying
circumstances; for example, whenever a claim for bodily injury or
property damages caused by a hazardous waste treatment, storage, or
disposal facility is made.

**Conditions Applicable to All Permits**

EPA collects information from permitted facilities at intervals
specified in the permit. EPA may also collect other information if the
Agency determines that it needs information to determine whether a
permit should be terminated, revoked and reissued, or modified. EPA may
collect additional information from permitted facilities if
noncompliance with permit conditions occurs.

***SPECIFIC UNIT REQUIREMENTS FOR BIFS***

**Exemptions from the BIF Regulations**

Section 266.100 exempts from BIF regulations certain furnaces engaged in
metal or lead recovery, smelting, melting, and refining, and BIFs that
burn small quantities of hazardous waste on site. As the submittal of
such a demonstration is optional, there is no specified time frame for
submitting these demonstrations.

**Permit Standards**

**Monitoring and Inspections**

Appendix IX, section 2 specifies testing and reporting procedures that
must be followed to ensure that continuous emissions monitoring systems
are installed and operated properly. The results of these tests must be
reported to EPA prior to burning, and at times specified in the
regulations and the facility\'s permit. There is no specified schedule
for demonstrations submitted under Appendix IX, section 2.

Appendix IX, section 3 specifies monitoring and recording procedures
that must be followed during burning of hazardous waste. With the
exception of audit samples, which must be submitted with the results of
compliance samples in relevant reports, this information is not
submitted to EPA, but may be reviewed by the Agency during facility
inspections. There is no specified schedule for demonstrations submitted
under Appendix IX, section 3. There is no specified schedule for
submittal of demonstrations performed under section 266.103(e)(8).

**Recordkeeping**

Section 266.102(e)(10) requires owners and operators of BIFs to maintain
all information and data collected under this section until closure of
the facility. While this data is not submitted to EPA, the Agency may
review records during facility inspections.

**Interim Status Standards**

**Purpose, Scope, and Applicability**

Facilities that wish to apply for an allowance to burn hazardous waste
with a heating value of less than 5,000 Btu/lb must submit documentation
to EPA before commencing burning operations.

**Certification of Precompliance**

Appendix IX, section 9.4 requires facilities to submit, upon request, a
record of all assumptions and calculations necessary to justify the air
pollution control system removal efficiency used. Section
266.103(b)(1)-(2) requires facilities to submit the certification of
precompliance to EPA on or before August 21, 1991. There is no schedule
for submission of a revised certification of precompliance; however,
owners and operators may submit such information to revise information
on operating conditions at any time.

**Certification of Compliance**

Section 266.103(c)(2) requires BIF owners and operators to provide a
notification to EPA at least 30 days prior to compliance testing. Within
90 days after completion of compliance testing, owners and operators
must submit a certification of compliance. This certification of
compliance must be submitted by August 21, 1992, unless the owner or
operator applies for and receives an automatic or case-by-case
extension. An automatic extension extends the deadline for submittal of
the certification of compliance until August 23, 1993. A case-by-case
extension may be granted in lieu of or after an automatic extension. The
length of this extension is established by the Agency.

Section 266.103(c)(3)(i) allows BIF owners and operators, upon approval
from the Agency, to submit data from one unit in lieu of compliance
testing data for a similar unit operating under similar conditions.
Owners and operators must submit information in support of this testing
exemption and submit data from the similar unit on the same submission
schedule as a certification of compliance.

As owners and operators may make revisions to the certification of
compliance at any time, there is no specified schedule for submission of
a revised certification of compliance. However, at least 30 days prior
to first burning hazardous waste under operating conditions that exceed
those established under a current certification of compliance, the owner
or operator must submit a notification.

**Periodic Recertifications**

Section 266.103(d) requires owners and operators of BIF facilities to
submit a recertification of compliance within three years from
submitting the previous certification or recertification.

**Automatic Hazardous Waste Feed Cutoff System**

While records of operating parameters recorded during a hazardous waste
feed cutoff are not submitted to EPA, EPA may review such records during
facility inspections.

**Monitoring and Inspections**

Appendix IX, section 2 specifies testing and reporting procedures that
must be followed to ensure that continuous emissions monitoring systems
are installed and operated properly. The results of these tests must be
reported to EPA prior to burning, and at times specified in the
regulations. There is no specified schedule for demonstrations submitted
under Appendix IX, section 2.

Appendix IX, section 3 specifies monitoring and recording procedures
that must be followed during burning of hazardous waste. With the
exception of audit samples, which must be submitted with the results of
compliance samples in relevant reports, this information is not
submitted to EPA, but may be reviewed by the Agency during facility
inspections. There is no specified schedule for demonstrations submitted
under Appendix IX, section 3.

In addition, there is no specified schedule for submittal of
demonstrations performed under section 266.103(e)(8).

**Recordkeeping**

Section 266.103(k) requires owners and operators of BIFs to maintain all
information and data collected under this section until closure of the
facility. While this data is not submitted to EPA, the Agency may
inspect records during facility inspections.

**Standards to Control Organic Emissions**

Section 266.104(a)(2) requires owners and operators that wish to use as
a POHC a compound that is not listed in Appendix VIII to submit a
demonstration and receive approval before using such a compound. There
is no specified submission schedule.

**Standards to Control Metal Emissions**

Section 266.106(f) requires owners and operators that wish to use an
alternative implementation approach for metals to submit a
demonstration. There is no specified submission schedule.

**Regulation of Residues**

Section 266.112 allows owners and operators to obtain a hazardous waste
exemption for residue derived from burning or processing hazardous waste
by submitting a demonstration and receiving approval. There is no
specified submission schedule.

***PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR
BIFS***

**General Part B Information Requirements for BIFs**

Owners and operators of existing facilities may be required to submit a
Part B application for their BIF unit(s) at any time during the period
covered by this ICR. Owners and operators also may voluntarily submit
their Part B application at any time. Owners and operators of new BIF
units must submit their Part B application at least 180 days before
physical construction is expected to commence.

This ICR assumes that all information required under section 270.10
(Contents of the Permit Application), section 270.14(a) (General
Requirements), section 270.14(b)(1)-(14) (General Facility Standards),
section 270.14(b)(15)-(16) (Financial Assurance), section 270.14(b)(19)
(Topographical Map), and section 270.33 (Schedules of Compliance) is
submitted with the Part B application, with the exception of the
following financial assurance requirements:

> • Cost estimates for closure (§270.14(b)(15) and §264.142). Cost
> estimates and documentation of financial instruments for closure care
> must be submitted to EPA at least 60 days prior to the initial receipt
> of hazardous waste for treatment, storage, or disposal. Insurance
> documentation must be submitted within the same time frame.
> Respondents must also submit any requested information and permit
> modifications to EPA within a reasonable time, if EPA decides that an
> adjustment is necessary.
>
> • Coverage by a State Financial Mechanism (§270.14(b)(15) and
> §264.147(b)(18)). Owners and operators of new facilities must submit
> proof of coverage by a State financial mechanism to EPA at least 60
> days before the date on which hazardous waste is first received for
> treatment, storage, or disposal. If a State assumes legal
> responsibility for a facility\'s compliance with the closure care or
> liability requirements, the owner or operator must submit evidence of
> this to EPA within a reasonable time.

**Specific Part B Information Requirements For BIFs**

**Fugitive Emissions and Part B Information Requirements for the
Pre-Trial Burn, Trial Burn, and Post-Trial Burn Periods**

Sections 270.66, 270.22, 266.102, and 266.104 - .107 specify information
that must be submitted in the Part B permit application. EPA expects
that all Part B applications will be called in and submitted during the
period covered by this ICR.

**Waivers of the Trial Burn**

Owners and operators wishing to obtain a waiver for certain trial burn
requirements under section 270.22(a) must submit information to the
Agency in the Part B permit application.

**Alternative HC Limit for Industrial Furnaces With Organic Matter in
Raw Materials**

Owners and operators wishing to establish an alternative HC limit must
submit information with the Part B permit application.

**Alternative Metals Implementation Approach**

Owners and operators wishing to establish an alternative metals
implementation approach must submit information with the Part B permit
application.

**Automatic Hazardous Waste Feed Cutoff System**

Owners and operators must submit information concerning the automatic
waste feed cutoff system with the Part B permit application.

**Direct Transfer Requirements**

Owners and operator of BIFs are not required to submit any information
to EPA relating to their direct transfer operations. EPA may review
information on a facility\'s direct transfer system during facility
inspections.

**Regulation of Residues**

Owners and operators wishing to obtain a hazardous waste exemption for
residue derived from burning or processing hazardous waste may submit a
demonstration with the Part B permit application.

**Permit Modifications for BIFs**

**Transfer of Permits**

Upon a change of ownership or operational control of a facility, the new
owner or operator must submit a revised permit application to EPA no
later than 90 days prior to the scheduled change. When a transfer of
ownership or operational control occurs, the old owner or operator will
comply with the requirements of 40 [CFR]{.underline} Part 264, Subpart H
until the new owner or operator has demonstrated that he or she is
complying with the requirements of that Subpart. The new owner or
operator must demonstrate compliance with Subpart H requirements within
six months of the date of the change of ownership or operational control
of the facility.

**Permit Modification at the Request of the Agency**

Permit modifications made at the request of the Agency are submitted
according to the time frame discussed below for permit modifications
made at the request of the permittee.

**Permit Modification at the Request of the Permittee**

**(1) Class 1 Modifications**

The permittee must notify EPA concerning the Class 1 modification by
certified mail or other means that establishes proof of delivery within
seven calendar days after the change is put into effect. The permittee
must also send a notice of the modification to all persons on the
facility mailing list within 90 calendar days after the change. For
Class 1 modifications that require prior EPA approval, the notification
must be made within 90 calendar days after EPA approves the request.

**(2) Class 2 and 3 Modifications**

The permittee must send a notice of the Class 2 or 3 modification
request to all persons on the facility mailing list and publish the
notice in a major newspaper of general circulation within seven days
before or after the date of submission of the modification request.

**(3) Requests for Classification of a Permit Modification**

For permit modifications that are not specifically listed in Appendix I
of section 270.42, a permittee may submit information in support of a
request for a Class 1 or Class 2 permit modification. The permittee must
submit this information and receive the Agency\'s determination before
making the modification.

**Temporary Authorizations**

The permittee must send a notice regarding the temporary authorization
request to all persons on the facility mailing list. This notification
must be made within seven days of the submission of the authorization
request.

**Expiration and Continuation of Permits**

All RCRA permits must be renewed no later than 10 years after the date
of issuance. Since EPA plans to issue permits for BIF units during the
period covered by this ICR, the Agency does not expect to receive any
Part B renewal applications.

# 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

##  6(a) ESTIMATING RESPONDENT BURDEN

EPA estimates respondent burden hours associated with all of the
information collection requirements covered in this ICR in Exhibits 2
through 6. These exhibits show the average number of hours required to
conduct the information collection activity and the average cost
associated with each requirement. Exhibit 7 summarizes the total
respondent burden and costs and provides annual bottom-line burden and
costs associated with all information collection requirements applicable
to facilities with BIF units.

The estimated burden and cost represents the [average]{.underline}
burden and cost incurred by a facility with BIF units. In developing
these estimates, EPA recognizes that the burden for each facility will
vary, depending on the number, capacity, and complexity of the BIF units
at the facility. Consequently, the burden estimates included in this ICR
neither supersede existing technical guidance nor constitute new
guidance on the frequency or cost of complying with the information
collection requirements associated with the BIF regulations.

##  6(b) ESTIMATING RESPONDENT COSTS

**Labor Costs**

For purposes of this analysis, EPA estimates an average hourly
respondent labor cost of \$117.00 for legal staff, \$89.01 for
managerial staff, \$68.48 for technical staff, and \$32.97 for clerical
staff. These wage rates are based on salaries, overhead and fringe
benefits used in the previously approved ICR #1361.09 (in the year
2002), and have been updated using the Bureau of Labor Statistics'
Employment Cost Indices (ECIs). (The 2002 labor costs were multiplied by
the ratio of 2005 and 2002 ECI's).

**Annual Capital and Operation & Maintenance Costs**

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment. Capital costs incurred by respondents in this ICR include the
cost to buy a monitor, sampling system, and data acquisition system for
respondents required to conduct monitoring and inspections of hazardous
waste. These costs are based on annualized costs used in ICR #1361.08,
and have been updated to 2002 levels using the Consumer Price Index.

Operation and maintenance (O&M) costs are those costs associated with a
paperwork requirement incurred continually over the life of the ICR.
They are defined by the PRA as "the recurring dollar amount of costs
associated with O&M or purchasing services." O&M costs covered in this
ICR include the following:

> • Mailing or long-distance phone call (estimated at \$3.70 per
> response);
>
> • Photocopying and document storage overhead (estimated at \$.15 per
> page);and
>
> • Laboratory analysis (varies; for example, we estimated a TCLP waste
> analysis costs \$1,386).

These costs are based on O&M costs used in ICR #1361.09, and have been
updated to 2005 levels using the Consumer Price Index.

##  6(c) ESTIMATING AGENCY BURDEN AND COST

EPA estimates annual Agency burden hours and costs associated with all
the requirements covered in this ICR in Exhibits 8-11. Exhibit 8 covers
general facility standards, Exhibit 9 covers specific unit requirements
for BIFs, and Exhibit 10 covers Part B permit application and permit
modification requirements. Exhibit 11 is a summary table of the bottom
line Agency burden and cost.

Hourly wage rates for the Agency are estimated at \$77.87 for legal
staff, \$66.21 for managerial staff, \$49.44 for technical staff,
\$24.99 for clerical staff, and \$49.44 for consultants. Rates are based
on the Federal employee labor rates "Salary Table 2005-GS," available at
<http://www.opm.gov/oca/05tables/pdf/gs_h.pdf>, and a standard
government overhead rate of 1.6 EPA OSW Headquarters, Regional, and
State offices will be involved in these activities. Burden is due to
review of test workplans, petitions, notifications, and requests.

## 6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

In 2002, based on data compiled from the EPA Regions, EPA estimated
that, over the three-year period covered by ICR 1361.09, there will be,
on average, 91 BIF facilities in operation or in the process of closing
(i.e., 47 interim status facilities and 44 permitted facilities). For
the purpose of the current ICR EPA estimates that each year between 2002
and 2005, the interim status facilities decreased by five (due to
conversion to a permitted facility or due to closure) and the permitted
facilities increased by five (due to interim status facilities that were
permitted and new facilities). Thus the respondent universe is now
estimated to be 32 interim status facilities and 59 permitted facilities

**Exhibit 1**

**Average Annual Number of Operating and Closing BIF Facilities**

**During the Three-Year Period of this ICR**

  ----------------------------------- -----------------------------------
  **BIF Facility Type**               **Average Annual Number of
                                      Facilities**

  **Interim Status**                  

  Operating                           32

  Closing                             0

  Subtotal                            32

  **Permitted**                       

  Operating                           59

  Closing                             0

  Subtotal                            59

  **Total**                           91
  ----------------------------------- -----------------------------------

***COMPARABLE/SYNGAS FUEL SPECIFICATION (Exhibit 2)***

Exhibit 2 presents the estimated respondent burden and cost associated
with hazardous waste listing exemptions for facilities with BIF units.
To qualify for the exclusion under section 261.38, generators must
demonstrate that the waste meets the comparable/syngas fuel
specification by submitting a one-time notice to EPA or the appropriate
State. EPA estimates that 10 facilities have already taken this
exemption, and that an additional 2 facilities will claim the exclusion
annually over the three-year period of this ICR. We estimate that half
of all generators claiming the exclusion (5 facilities) will blend their
wastes; and anticipate that these facilities will use process knowledge
to determine the constituents in the original waste and will analyze the
waste after blending. Of the 5 remaining facilities, 22 percent
(approximately 1 facility) will document their waste by sampling and
analysis and 78 percent (approximately 4 facilities) will document their
waste by using process knowledge. O&M costs cover the cost of laboratory
fees to analyze the wastestream for organic constituents.

We also expect that all 10 generators claiming the exclusion will ship
comparable/syngas fuels off site. Thus, we estimate that each year, an
average of 2 new facilities will obtain a one-time written, signed
statement from the burner. The burden estimates also cover burner
activities associated with perparing the statement. Since we estimate
that each of these 10 generators will ship an average of four shipments
per year (one every 90 days) to off-site burners, our total estimates
for these facilities to prepare and maintain shipment-specific data is
40 shipments (10 x 4) sent off-site for recycling or energy recovery. We
also expect all 10 generators to maintain comparable/syngas fuel
records.

***GENERAL FACILITY STANDARDS APPLICABLE TO BIFs (Exhibits 3A - 3F)***

Exhibits 3A- 3F present the estimated respondent burden and cost
associated with general facility standards for facilities with BIF
units. Facilities with permitted and interim status BIF units will be
subject to certain general facility standards of 40 [CFR]{.underline}
Parts 264 and 265. As described above, EPA estimates that an average of
59 facilities will be subject to permit requirements for their BIF
unit(s), and will be regulated under 40 [CFR]{.underline} Part 264. The
remaining 32 facilities with BIF units will be subject to interim status
requirements of 40 [CFR]{.underline} Part 265. This section presents the
estimated respondent universe for facilities with BIF units subject to
the general facility standards of Parts 264 and 265[^2].

**General Facility Operating Requirements (Exhibit 3A)**

**Foreign Shipment Import Report**

Based on previous experience, EPA estimates that approximately six
percent of the operating respondent universe (four facilities with
permitted BIF units and two with interim status units) will submit
foreign shipment import reports annually.

**Notice of Appropriate Permits**

EPA estimates that approximately 15 percent of operating BIFs accept
off-site waste. EPA estimates that each of these commercial facilities
(9 facilities with permitted BIF units and 5 with interim status units)
will accept waste from an average of 55 new generators each year during
the period covered by this ICR. These commercial facilities must submit
a one-time notice to these generators before accepting their waste.

**Notice of Part 264 or Part 265, and Part 270 Requirements**

EPA estimates that no facilities with a BIF unit will experience a
transfer in ownership each year. The owners and operators of these
facilities will be required to submit a notice of Part 264 or 265 and
Part 270 requirements to the new owner or operator of the facility.

**Waste Analysis**

Only operating facilities are required to conduct waste analysis
testing. EPA has information from its Regional offices that indicates
that commercial incinerator and land disposal sites have the greatest
responsibility for waste analysis. As discussed previously, EPA
estimates that 19 percent of operating BIFs accept off-site waste. Thus,
EPA estimates that the 15 commercial BIFs (9 with permitted units and 5
with interim status units) will conduct testing 50 times a year, while
all on-site BIFs (50 with permitted units and 27 with interim status
units) will conduct this analysis four times a year. However, it is
assumed that the commercial facilities (that are mostly cement of
lightweight aggregate kilns) will be burdened under a separate ICR
because they are in compliance with 40CFR Part 63, Subpart EEE
standards.

**Waste Analysis Plan**

This ICR assumes that all currently operating facilities with BIF units
will have already developed a waste analysis plan. \[This ICR assumes
that all facilities with new BIF units will develop this information as
part of the Part B permit application. This burden is covered in the
Part B application and modifications portion of this ICR.\] EPA also
assumes that, each year, about 20 percent of all facilities operating
during the period covered by this ICR (twelve with permitted and six
with interim status BIF units) will modify the plan.

In addition to preparing a waste analysis plan, all operating BIF
facilities must also maintain (i.e., photocopy and file) the plan at the
facility until closure.

**Inspection Schedule**

This ICR assumes that all currently operating interim status facilities
with BIF units already developed an inspection schedule. Thus, zero
facilities will develop this schedule during interim status before the
Part B permit application is submitted. \[This ICR assumes that all
facilities with new BIF units will submit this information as part of
the Part B permit application. This burden is covered in the Part B
application and modifications portion of this ICR.\]

In addition to preparing an inspection schedule, it is estimated that
85% of all BIF facilities will conduct daily inspections for a total of
16,500 activities for facilities with permitted BIF units and 8910 for
facilities with interim status units. All facilities must also maintain
(i.e., photocopy, file, and update) the schedule until closure of the
facility, and record problems in an inspection log. EPA estimates that
five percent of these facilities will modify their inspection schedules
annually (three with permitted units and two with interim status units).

**Personnel Training**

This ICR assumes that all currently operating interim status facilities
with BIFs have already developed a personnel training program. \[This
ICR assumes that all facilities with new BIF units will submit this
information as part of the Part B permit application. This burden is
covered in the Part B application and modifications portion of this
ICR.\]

This ICR assumes that 85% of all currently operating facilities with BIF
units (50 with permitted units and 27 with interim status units) will
need to conduct personnel training, collect information, and maintain
(i.e., photocopy, file, and update) personnel training records each year
until closure of the facility.

**Documentation of Compliance for Ignitable, Reactive, or Incompatible
Wastes**

Based on previous experience, EPA estimates that 85% of all facilities
with permitted BIF units, or an average of 50 facilities during the
period covered by this ICR, will have to maintain documentation of
compliance for ignitable, reactive, or incompatible wastes until closure
of the facility.

**Recordkeeping Requirements (Exhibit 3B)**

**Operating Record Requirements**

Only operating facilities are required to comply with the operating
record recordkeeping requirements. EPA estimates that 44 facilities with
permitted BIF units and 47 with interim status units must maintain
operating records until closure of the facility. There are sixteen
information components of the operating record requirements contained in
40 [CFR]{.underline} §§264.73(b)(1)-(16) and 265.73(b)(1)-(16). Some of
the requirements apply only to certain types of facilities, while others
apply to all operating facilities. Requirements applicable to BIF units
are described below.

An estimated 85% of all operating facilities (50 with permitted units
and 27 with interim status units) must record a description and quantity
of each hazardous waste received, and the method(s) and date(s) of its
treatment, storage, and disposal (§§264.73(b)(1) and 265.73(b)(1)). All
operating facilities must also describe the location of each hazardous
waste within the facility and the waste\'s quantity (§§264.73(b)(2) and
265.73(b)(2)), and maintain records and results of waste analyses until
closure of the facility (§§264.73(b)(3) and 265.73(b)(3)).

Facilities that have emergency incidents requiring implementation of the
contingency plan must maintain (i.e., photocopy and file) written
documentation of the incident until closure of the facility
(§§264.73(b)(4) and 265.73(b)(4)). EPA estimates that 1 BIF (permitted)
will experience an emergency incident and be required to comply with
this regulation.

An estimated 85% of all operating BIF facilities (50 permitted and 27
interim status units) are required to maintain updated inspection
information in the operating record until closure of the facility
(264.73 and 265.73(b)(5)).

Only facilities that receive hazardous waste from an off-site source are
required to maintain (i.e., photocopy and file) until closure all
notices for generators verifying that they have a permit to handle the
hazardous waste they are receiving (§§264.73(b)(7) and 265.73(b)(7)).
Thus, EPA has determined that 15 percent of the operating BIF universe
(9 facilities with permitted units and 5 with interim status units),
will need to maintain until closure, in the operating record, the notice
to generators.

All operating BIF facilities (59 facilities with permitted units and 32
with interim status units) will need to maintain a closure cost estimate
in the operating record until closure of the facility (§§264.73(b)(8)
and 265.73(b)(7)).

All facilities with permitted BIF units (59 facilities) will need to
maintain until closure in the operating record a certification of waste
minimization efforts (§264.73(b)(9)).

All facilities will meet with State and local authorities annually to
discuss emergency arrangements (§264.37(b)). These facilities also must
document any refusal of State and local agencies to enter into
arrangements to address emergency situations (§264.14(b)). EPA estimates
that only one percent of all operating BIF facilities (1 facility with
permitted BIF units and zero with interim status units) will be required
to comply with this regulation.

**Contingency Plan and Emergency Procedures (Exhibit 3C)**

**Contingency Plan Requirements**

This ICR assumes that all currently operating facilities with BIF units
have already developed a contingency plan. \[This ICR assumes that all
facilities with new BIF units will submit this information as part of
the Part B permit application. This burden is covered in the Part B
application and modifications portion of this ICR.\] In addition, EPA
estimates that 20 percent of all BIF facilities (twelve facilities with
permitted units and six with interim status units) will amend their
contingency plans annually and submit it to the local authorities. In
addition to preparing a contingency plan, 85% of all operating BIF
facilities (50 facilities with permitted BIF units and 27 with interim
status units) must also maintain (i.e., photocopy, file, and update) the
plan at the facility until closure.

**Emergency Reporting and Recordkeeping Requirements**

Based on program experience, the Agency estimates that one percent of
all facilities will experience an emergency situation each year that
will require the help of State or local authorities with designated
response roles. Therefore, approximately one facility with permitted
units and zero facilities with interim status units will be required to
notify these authorities of an actual or imminent emergency situation
(§§264.56(a)(2) and 265.56(a)(2)) each year.

EPA estimates that no facilities experiencing an emergency situation
will have a release, fire, or explosion for which the emergency
coordinator determines that it may be advisable to evacuate local areas
(§§264.56(d)(1) and 265.56(d)(1)).

EPA estimates that one percent of BIF facilities will notify either a
government official designated as the on-scene coordinator or the
National Response Center of a release, fire, or explosion
(§§264.56(d)(2) and 265.56(d)(2)). EPA estimates that only one percent
of all facilities will have emergency incidents requiring implementation
of the contingency plan. Therefore, approximately one facility with
permitted units and zero facilities with interim status units will be
required to prepare this notification.

All owners and operators experiencing an emergency situation (one
facility with permitted units and zero facilities with interim status
units) are required to notify the Regional Administrator that the
facility is in compliance before resuming operation in the affected
areas. The owner or operator of these facilities must also submit a
written report to the Regional Administrator 15 days after the incident
(§§264.56(j) and 265.56(j)). \[The respondent burden for recording
emergency details in the operating record is covered in the operating
record section.\]

**Closure Requirements (Exhibit 3D)**

EPA estimates that two interim status BIF facilities will initiate
closure annually during the period covered by this ICR.

**Reading the Regulations**

All operating BIF facilities (59 facilities with permitted units and 32
with interim status units) are expected to read the closure regulations
each year.

**Closure Plans**

This ICR assumes that all currently operating interim status facilities
with BIF units already developed the closure plan. \[This ICR assumes
that all facilities with new BIF units will submit this information as
part of the Part B permit application. This burden is covered in the
Part B application and modifications portion of this ICR.\]

**Notification and Amendment of the Closure Plan**

EPA estimates that five percent of facilities with BIF units will amend
their closure plans annually and will submit a request to the Regional
Administrator to authorize a change in the closure plan. Thus, zero
facilities with interim status units will submit a closure plan
amendment. \[Since closure plan amendments for permitted units are
associated with permit modifications, amendments are covered in the Part
B applications and modifications section of this ICR.\]

**Partial Closure and Final Closure Notification**

All owners and operators who intend to close their facility annually
must notify EPA of closure. Thus, EPA expects two facilities with BIFs
to submit a closure plan during the period covered by this ICR.

**Extensions and Allowances During the Closure Period**

EPA expects that five percent of the facilities intending to close their
facility will apply for each of the exemptions. Thus, zero facilities
will submit the paperwork associated with the exemptions.

**Closure Certification**

EPA does not expect any of the facility to complete closure activities
within the three years covered by this ICR

**Financial Requirements (Exhibit 3E)**

**Reading the Regulations**

All facilities with BIF units (59 facilities with permitted units and 32
facilities with interim status units) are expected to read the financial
requirements regulations.

**Financial Responsibility for Corrective Action**

Because financial responsibility for corrective action is required under
Part 264, only permitted units are included in the burden estimate.
Figures from RCRIS indicate that 81 percent of permitted facilities
completed a RCRA Facility Assessment (RFA) that indicated that further
investigation, or a RCRA Facility Investigation (RFI), was necessary.
Because such further investigation will entail the submission of
corrective action financial assurance documentation, EPA concludes that
81 percent of the 59 facilities with permitted BIF units, or 50
facilities, will need to meet corrective action financial responsibility
requirements. These facilities will need to include this financial
assurance documentation in their permit renewals; because most TSDF
permits are valid for five years, EPA estimates that each year
approximately 20 percent, or 1o of these facilities, will submit
financial assurance documentation for corrective action. EPA estimates
that ten percent of these facilities per year (one facility) will need
to provide the additional demonstration of denied permission to
implement corrective action beyond facility boundaries.

**Cost Estimates for Closure Care**

This section covers the burden for owners or operators to collect data,
prepare the written cost estimate, update cost estimates on a yearly
basis to reflect inflation, amend cost estimates due to changes in the
closure care plan, and maintain closure cost estimates and any
adjustments until closure. All interim status facilities already
prepared the cost estimate. All BIF facilities (59 with permitted BIF
units and 32 with interim status BIF units) will adjust estimates
annually to reflect inflation. For amendments of cost estimates due to
changes in closure plans, EPA estimates that five percent of all
facilities with interim status units (two facilities) will amend their
closure plans annually. \[Since closure plan amendments for permitted
units are associated with permit modifications, such amendments are
instead discussed in the Part B permit applications and modification
section of this ICR.\]

**Closure Financial Assurance Requirements**

Because evidence of establishing a financial instrument for closure care
may be submitted with the Part B permit application, such activities for
facilities with new BIF units are discussed in the Part B permit
applications and modification portion of this ICR. However, prior to
submitting a permit application, facilities with interim status BIF
units must present evidence of an established financial instrument for
closure care under §§265.143. In addition, the burden associated with
annual updates or modifications to instruments for financial assurance
is calculated in this exhibit for both permitted and interim status
facilities.

This ICR assumes that all interim status facilities with BIF units will
already have submitted financial assurance documentation. Thus, zero
facilities will perform the activities discussed above. However, five
percent of interim status facilities will amend the trust fund
documentation due to changes in the closure plan. EPA estimates that
approximately zero facilities with interim status BIF units and zero
facilities with permitted units will have to amend the closure trust
fund.

EPA projects that five percent of all facilities with BIF units will
amend closure financial instruments due to changes in the cost estimates
or plans. Therefore, EPA estimates that five percent of the facilities
choosing each of these financial instruments will need to modify the
amounts covered by each instrument. Finally, all facilities covered
under the financial test will need to submit annual updates;
accordingly, 50 percent of operating facilities (30facilities with
permitted units and 16 with interim status units) will submit this
update (as the other 50% use the financial test to comply with liability
coverage requirements).

EPA estimates that two percent of all facilities with BIFs (one facility
with permitted BIF units and one facility with interim status BIF units)
will prepare a notification of reduction of liability coverage.

**Liability Requirements**

EPA calculates the number of respondents for demonstrating liability
coverage in a manner similar to determining the number of closure care
respondents. Because evidence of establishing a financial instrument for
liability coverage may be submitted with the Part B permit application,
such activities for facilities with new BIF units are discussed in the
Part B permit application and permit modification portion of this ICR.
However, prior to submitting a permit application, facilities with
interim status BIF units must present evidence of an established
financial instrument for liability coverage under §265.147. In addition,
the burden associated with annual updates or modifications to financial
instruments for liability coverage is calculated in this exhibit for
both permitted and interim status facilities. EPA assumes that all
interim status BIF facilities have already submitted the requirements
discussed above.

EPA expects that all BIF facilities using the financial test or
guarantee will submit the financial test documentation on an annual
basis for review. Using the estimate that 50 percent of all BIF
facilities will choose these mechanisms, EPA estimates that 30
facilities with permitted units and 16 with interim status units will
submit this information on an annual basis.

EPA estimates that one percent of all facilities with BIFs (zero
facilities with permitted units and zero facilities with interim status
units) will become bankrupt and will need to submit evidence of
insurance. EPA estimates, based on earlier estimates, that no facilities
with BIF units will submit claim notifications.

**Incapacity of Owners or Operators, Guarantors, or Financial
Institutions**

As discussed above, the average bankruptcy rate of one percent will
generate zero facilities with permitted units and zero facilities with
interim status units to the requirements for the incapacity of owners or
operators, guarantors, or financial institutions.

**Use of State-Required Mechanisms and State Assumption of
Responsibility**

EPA estimates that no facilities with BIF units will choose to use
State-required mechanisms and State assumption of responsibility for
financial requirements.

**Conditions Applicable to All Permits (Exhibit 3F)**

EPA estimates that each year 30 percent of all facilities with permitted
BIF units will submit a permit modification at the request of the
Agency. These 18 permittees will be required to furnish any relevant
information requested by EPA to determine whether cause exists to
modify, revoke and reissue, or terminate a permit, or to determine
compliance with a permit.

EPA estimates that five percent of facilities with permitted BIF units
(3 facilities) will annually submit a notice of physical alterations or
additions. Of these facilities, 50 percent (approximately two facilities
per year) will submit a notice of planned changes that may result in
noncompliance with permit requirements. Of these facilities, 50 percent
(approximately one facility) will submit a letter each year certifying
that the facility has been constructed or modified in compliance with
the terms of the permit.

EPA estimates that all facilities with permitted BIF units (59
facilities) will submit monitoring reports. EPA further estimates that
10 percent of facilities with permitted BIF units (six facilities) will
be required to prepare and submit reports of compliance and
noncompliance with the compliance schedule at intervals specified in the
permit.

EPA estimates that ten percent of all facilities with BIF units, or six
facilities, will experience a release, fire, or explosion that may
threaten drinking water supplies, human health, or the environment
outside the facility. These facilities will be required to submit a
report within 24 hours of the incident and a more detailed written
notice or report within 5 or 15 days, respectively, of the incident.

EPA estimates that 20 percent of all facilities with permitted BIF
units, or 12 facilities, will be required to submit reports of other
noncompliance that are not submitted with monitoring reports, compliance
schedule reports, and reports of releases, fires, and explosions. An
additional ten percent, or six facilities, will submit amended
information that was incorrect or omitted during an initial submittal.

***SPECIFIC UNIT REQUIREMENTS FOR BIFs (Exhibit 4)***

Exhibit 4 presents estimated respondent burden and cost associated with
specific unit requirements for BIFs. This section discusses the
estimated respondent universe for facilities with BIF units subject to
the specific unit requirements of 40 [CFR]{.underline} Part 266, Subpart
H.

**Exemptions from the BIF Regulations**

40 [CFR]{.underline} 266.100 and 266.108 exempt certain BIFs from BIF
regulations promulgated at 40 [CFR]{.underline} Part 266, Subpart H, and
sections 270.22 and 270.66. For one-time requirements, this ICR covers
only those facilities that will be applying for an exemption during the
period covered by this ICR (i.e., facilities that have already applied
for such an exemption are not accounted for in the respondent burden in
this ICR). For on-going requirements related to exemptions from the BIF
regulations (e.g., sampling and analyzing hazardous waste), this ICR
covers both those facilities that have already received exemptions and
those that are expected to apply for such an exemption during the period
covered by this ICR.

**Exemptions for Metal Recovery Furnaces**

EPA estimates that 21 facilities are currently operating under a metal
recovery furnace exemption. These facilities are expected to read the
regulations, sample and analyze hazardous waste three times each year
(for a total of 63 activities), and maintain records until closure of
the facility. In addition to the activities described above, new
facilities would be required to submit a one-time notice (facilities
that currently operate under an exemption have already incurred this
burden and therefore are not burdened in this ICR). Any facility that is
a lead or nickel-chromium recovery furnace or a metal recovery furnace
that burns baghouse bags used to capture metallic dusts emitted by steel
manufacturing would have to submit an additional one-time notice.

**Exemptions for Smelting, Melting, and Refining Furnaces that recover
precious metals**

EPA estimates that nine facilities are currently operating under an
exemption for smelting, melting, and refining furnaces. These facilities
are expected to read the regulations, sample and analyze hazardous waste
three times each year (for a total of 27 activities), and maintain
records until closure of the facility. In addition to the activities
described above, these facilities will submit a one-time notice
(facilities that currently operate under an exemption have already
incurred this burden and therefore are not burdened in this ICR).

**Lead Recovery Furnace Exemption**

To claim the lead recovery exemption, the facility owner must submit a
one-time notice to EPA. EPA estimates that currently no facility will
claim the lead recovery furnace exemption. Because no facilities will
complete the exemption requirement under section 266.100(h), this
requirement does not contribute to the bottom-line burden of this ICR.

**Small Quantity On-Site Burner Exemption**

EPA estimates that 14 facilities are currently operating under an
exemption for small quantity on-site burners. Additionally an estimated
six new facilities each year will apply for this determination. These
facilities are expected to read the regulations, gather and analyze data
three times each year (for a total of 18 activities), and maintain
records until closure of the facility. In addition to the activities
described above, these facilities will submit a one-time notice
(facilities that currently operate under an exemption have already
incurred this burden and therefore are not burdened in this ICR).

**Permit Standards**

**Monitoring and Inspections**

40 [CFR]{.underline} 266.102(e)(8) and Appendix IX, sections 2 and 3
contain monitoring and inspection requirements for BIF units and
equipment, hazardous waste feed, and stack emissions. EPA estimates the
respondent universe for each of these requirements as follows:

> • EPA estimates that 85% of facilities with permitted BIF Units[^3]
> will perform the following activities to comply with Appendix IX,
> section 2 requirements:
>
> •Test the calibration drift (CD), response time (RT), calibration
> error (CE) test procedure, and relative accuracy (RA) test procedure
> (Appendix IX, sections 2.1 and 2.2), including a daily calibration
> check for each monitor (2.1.10.1 and 2.2.9.1) and a daily system audit
> (2.1.10.2 and 2.2.9.2), and provide the required maintenance for
> monitoring systems; since much of this work is typically performed by
> sophisticated monitoring systems, EPA estimates that technical staff
> typically spend an hour per day ensuring that monitoring equipment is
> operating properly.
>
> •Record the CEMS response immediately after a calibration drift test
> (Appendix IX, sections 2.1.6.1.1 and 2.2.6.1.1);
>
> •Record the time (upscale response time) required to reach 95 percent
> of the stable value during the CD test (Appendix IX, sections
> 2.1.6.2.1 and 2.2.6.2.1);
>
> •Record the responses of the CEMS at three measurement points
> (Appendix IX, sections 2.1.6.3.1.2 and 2.2.6.3.1.2);
>
> •Summarize results on data sheets (Appendix IX, sections 2.1.6.1.2,
> 2.1.6.3.2, 2.1.6.4.5, 2.2.6.1.2, and 2.2.6.3.2);
>
> •Prepare a report of the data from all performance test methods
> (Appendix IX, section 2.1.6.4.3); and
>
> •Prepare and submit a report of the results of the CD, RA, response
> time, and CE test, as appropriate (Appendix IX, sections 2.1.8 and
> 2.2.8);
>
> • EPA estimates that ten percent of facilities with permitted BIF
> units (six facilities) will need to take the combustion unit out of
> service during the calibration drift test period and record the onset
> and duration of downtime (Appendix IX, section 2.1.5.2 and 2.2.5.2);
>
> • EPA estimates that five percent of facilities with BIF units (3
> facilities) will request approval for an alternative relative accuracy
> procedure (Appendix IX, section 2.1.9.2;
>
> • EPA estimates that five percent of facilities with BIF units (3
> facilities) will request approval for an alternative calibration
> procedure (Appendix IX, section 2.1.10.1 and 2.2.9.1);
>
> • EPA expects that all facilities with [new]{.underline} BIF units
> (three facilities per year) will develop a quality assurance (QA)
> program to evaluate and monitor CEMS performance (Appendix IX,
> sections 2.1.10 and 2.2.9) \[EPA expects that all facilities with
> existing BIF units will develop such a plan under interim status\];
>
> • EPA expects 85% of all facilities with permitted BIF units to carry
> out the QA plan by conducting a quarterly CE test (2.1.10.3 and
> 2.2.9.3) (for a total of 201 activities) and an annual specification
> test (2.1.10.4 and 2.2.9.4);
>
> • EPA estimates that five facilities with permitted BIF units will use
> an alternative metals implementation approach. These facilities will
> perform the following activities once each working day (330 times per
> year) to comply with Appendix 3 requirements[^4]:
>
> • Determine emissions of metals (Appendix IX, section 3.1);
>
> • Record data for metals sampling trains (Appendix IX, section
> 3.1.5.1.5); and
>
> • For monitoring of metals, record emissions data and maintain a
> laboratory log for all calibrations (Appendix IX, section 3.1.6).
>
> • EPA estimates that 85% of all facilities with permitted BIF units
> will perform the following activities regularly to comply with 40
> [CFR]{.underline} 266.102(e)(8) requirements:
>
> • Conduct monitoring and inspections of hazardous waste, other fuels
> and feedstock, and stack gas emissions (§266.102(e)(8)(i));
>
> • Inspect the BIF and associated equipment at least each working day
> (§266.102(e)(8)(iii)); and
>
> • Record monitoring and inspection data (§266.102(e)(8)(v)).

Capital and O&M costs associated with these activities include the
purchasing and maintenance of continuous emissions monitors, sampling
equipment, and a data aquisition system. The estimated purchase price of
the equipment is \$611,953 or \$101,547[^5], annualized at a 7 percent
interest rate over 9 years (the estimated life of the equipment).

> • EPA estimates that ten percent of facilities with permitted BIF
> units (six facilities) will demonstrate that weekly inspections of the
> hazardous waste feed cutoff system would unduly restrict or upset
> operations, and will receive approval for monthly inspections. EPA
> expects that these facilities will be granted approval to perform
> inspections every 30 days, for a total of 48 (4 x 12) activities. EPA
> expects the remaining 50 facilities with permitted BIF units to
> inspect their hazardous waste feed cutoff system weekly, for a total
> of 2,756 (50 x 52) activities.

**Recordkeeping**

EPA expects all 59 facilities with permitted BIF units to comply with
recordkeeping requirements.

**Interim Status Standards**

**Purpose, Scope, and Applicability**

EPA estimates that one industrial furnace feeds hazardous waste for a
purpose other than solely as an ingredient at any location other than
the hot end where products are normally discharged or where fuels are
normally fired. This furnace is assumed to be non-commercial facility
that performs tests 12 times annually, for a total of 12 activities.
This facility must also determine that adequate oxygen is present in
combustion gases to combust organic constituents in the waste and retain
documentation in the operating record until closure of the facility.

EPA expects 85% all facilities with interim status units (27 facilities)
will conduct analyses and maintain records until closure documenting
that impermissible dilution or blending has not occurred. EPA estimates
that each year five percent of facilities with interim status BIFs (two
facilities) will seek an allowance for burning hazardous waste that has
a heating value of less than 5,000 Btu/lb, and 20 percent of these
facilities (zero facilities) will seek an allowance for burning such
waste in a halogen acid furnace.

**Certification of Precompliance**

This ICR assumes that no facilities subject to the BIF regulations
comply with certification of precompliance regulations anymore. Thus,
this section does not apply.

**Certification of Compliance**

All facilities should have submitted a certification of compliance for
their BIF unit(s) by August 21, 1992, unless they received an automatic
or case-by-case extension from EPA. The automatic extension postponed
the submittal date for the certification of compliance until August 23,
1993. EPA estimates that there are currently zero facilities with BIF
units that are operating under a case-by-case time extension. Thus, this
section does not apply.

**Periodic Recertifications**

All facilities with interim status BIF units must submit a periodic
recertification every three years. Since EPA estimates there to be an
average of 32 interim status BIF units during the three-year period
covered by this ICR, EPA expects that 11 facilities per year will need
to recertify.

**Automatic Hazardous Waste Feed Cutoff System**

EPA expects 85% facilities with interim status units to experience an
average of 12 emergency cutoff occurrences per year.

**Fugitive Emissions**

EPA estimates that ten percent of facilities with interim status BIFs
(five facilities) will submit a demonstration for an alternate means of
fugitive emissions control.

**Monitoring and Inspections**

40 [CFR]{.underline} 266.103(j) and Appendix IX, sections 2 and 3
contain monitoring and inspection requirements for BIF units and
equipment, hazardous waste feed, and stack emissions. EPA estimates the
respondent universe for each of these requirements as follows:

> • EPA estimates that 85% all facilities with interim status BIF units
> (27 facilities) will perform the following activities once per year to
> comply with Appendix 2 requirements:
>
> • Test the calibration drift (CD), response time (RT), calibration
> error (CE) test procedure, and relative accuracy (RA) test procedure
> (Appendix IX, sections 2.1 and 2.2), including a daily calibration
> check for each monitor (2.1.10.1 and 2.2.9.1) and a daily system audit
> (2.1.10.2 and 2.2.9.2), and provide the required maintenance for
> monitoring systems; since much of this work is typically performed by
> sophisticated monitoring systems, EPA estimates that technical staff
> typically spend an hour per day ensuring that monitoring equipment is
> operating properly, for an average total of 330 technical hours over
> the course of a year;
>
> • Record the CEMS response immediately after a calibration drift test
> (Appendix IX, sections 2.1.6.1.1 and 2.2.6.1.1);
>
> • Record the time (upscale response time) required to reach 95 percent
> of the stable value during the CD test (Appendix IX, sections
> 2.1.6.2.1 and 2.2.6.2.1);
>
> • Record the responses of the CEMS at three measurement points
> (Appendix IX, sections 2.1.6.3.1.2 and 2.2.6.3.1.2);
>
> • Summarize results on data sheets (Appendix IX, sections 2.1.6.1.2,
> 2.1.6.3.2, 2.1.6.4.5, 2.2.6.1.2, and 2.2.6.3.2);
>
> • Prepare a report of the data from all performance test methods
> (Appendix IX, section 2.1.6.4.3); and
>
> • Prepare and submit a report of the results of the CD, RA, response
> time, and CE test, as appropriate (Appendix IX, sections 2.1.8 and
> 2.2.8);
>
> • EPA estimates that ten percent of facilities with interim status BIF
> units (3 facilities) will need to take the combustion unit out of
> service during the calibration drift test period and record the onset
> and duration of downtime (Appendix IX, section 2.1.5.2 and 2.2.5.2);
>
> • EPA estimates that five percent of facilities with interim status
> BIF units (two facilities) will request approval for an alternative
> relative accuracy procedure (Appendix IX, section 2.1.9.2;

• EPA estimates that five percent of facilities with BIF units (two
facilities) will request approval for an alternative calibration
procedure (Appendix IX, section 2.1.10.1 and 2.2.9.1);

• EPA estimates that all facilities with existing BIF units will already
have developed a quality assurance (QA) program during interim status to
evaluate and monitor CEMS performance (Appendix IX, sections 2.1.10 and
2.2.9);

• EPA expects 85% facilities with interim status BIF units to carry out
the QA plan by conducting a quarterly CE test (2.1.10.3 and 2.2.9.3)
(for a total of 188 activities) and an annual specification test
(2.1.10.4 and 2.2.9.4);

> • EPA estimates that four facilities with interim status BIF units
> will use an alternative metals implementation approach. These
> facilities will perform the following activities each working day (330
> times per year) to comply with Appendix 3 requirements[^6]:
>
> • Determine emissions of metals (Appendix IX, sections 3.1);
>
> • Record data for metals sampling trains (Appendix IX, section
> 3.1.5.1.5); and
>
> • For monitoring of metals, record emissions data and maintain a
> laboratory log for all calibrations (Appendix IX, sections 3.1.6).
>
> • EPA estimates that 85% of all facilities with interim status BIF
> units (27 facilities) will perform the following activities regularly
> to comply with 40 [CFR]{.underline} 266.103(j) requirements:
>
> • Conduct monitoring and inspections of hazardous waste, other fuels
> and feedstock, and stack gas emissions (§266.103(j)(1));
>
> • Inspect the BIF and associated equipment at least each working day
> (§266.103(j)(2)); and
>
> • Record monitoring and inspection data (§266.103(j)(4)).

Capital and O&M costs associated with these activities include the
purchasing and maintenance of continuous emissions monitors, sampling
equipment, and a data aquisition system. The estimated purchase price of
the equipment is \$611,953, or \$93,930, annualized at a 7 percent
interest rate over 9 years (the estimated life of the equipment).

> • EPA estimates that ten percent of facilities with interim status BIF
> units (3 facilities) will demonstrate that weekly inspections of the
> hazardous waste feed cutoff system would unduly restrict or upset
> operations, and will receive approval for monthly inspections. EPA
> expects that these facilities will be granted approval to perform
> inspections every 30 days, for a total of 60 (5 x 12) activities. EPA
> expects the remaining 29 facilities with interim status BIF units to
> inspect their hazardous waste feed cutoff system weekly, for a total
> of 1508 activities.

**Recordkeeping**

EPA expects all 85% of all facilities with interim status BIF units to
comply with recordkeeping requirements.

**Standards to Control Organic Emissions**

EPA estimates that no facilities with permitted units will submit a
demonstration.

**Standards to Control Metals Emissions**

EPA estimates that 20 percent of all facilities with interim status BIF
units will utilize the alternate metals implementation approach.
However, these facilities have already submitted their documentation of
the demonstration. Thus, zero facilities will submit documentation
showing compliance with the alternate metals approach. \[Facilities with
permitted BIF units submit this information with the Part B permit
application. Therefore, these facilities are burdened in the Part B
permit applications and modifications portion of this ICR.\]

**Direct Transfer Requirements**

EPA estimates that 10 percent of facilities with BIF units (6 facilities
with permitted BIF units and 3 facilities with interim status units)
will want to want to use the direct transfer provisions of §266.111 to
transfer their hazardous waste. These facilities will need to conduct
periodic inspections of their waste and record and maintain inspection
data. Facilities with interim status units will also have to collect
data, submit a certification that the installation meets NFPA codes, and
maintain this data under §266.111(d)(2). EPA further estimates that 20
percent of these five facilities (one facility) have existing direct
transfer equipment that does not have secondary containment, and
therefore, will collect data to support, and obtain and keep on file, a
written assessment that attests to the equipment\'s integrity.
\[Facilities with permitted BIF units submit this information with the
Part B permit application. Therefore, these facilities are burdened in
the Part B permit applications and modifications portion of this ICR.\]

**Regulation of Residues**

EPA estimates that all facilities with cement kilns (14 facilities) and
3 other facilities will want to apply for an exclusion for their residue
from classification as hazardous waste. EPA expects that an average of
eleven of these facilities (10 cement kilns and one other facity) will
be operating under permits, while 6 (4 cement kilns and 2 others) will
be operating under interim status. EPA expects cement kilns to test
their residues 52 times per year. EPA expects other facilities to
conduct residue testing 12 times per year.

EPA estimates that the 10 facilities with interim status units will also
maintain a supporting rationale for handling nondetect data points. EPA
estimates that ten percent of the facilities applying for an exclusion
(one facility per year) will maintain a supporting rationale for an
alternate statistical approach. \[Facilities with permitted BIF units
submit this information with the Part B permit application. Therefore,
these facilities are burdened in the Part B permit applications and
modifications portion of this ICR.\]

***PART B PERMIT APPLICATION AND PERMIT MODIFICATIONS REQUIREMENTS FOR
BIFs (Exhibits 5A - 5C)***

Exhibits 5A, 5B, and 5C present estimated respondent burden and cost
associated with Part B information requirements and permit modifications
for facilities with BIF units. Exhibit 5A covers general Part B
information requirements applicable to facilities with BIFs. Exhibit 5B
includes unit-specific requirements applicable to BIF units, and Exhibit
5C covers information submitted with permit modifications.

Based on readily available data, EPA estiamtes that, each year, 5
interim status BIF facilities will submit a Part B permit application to
EPA. EPA also estimates that three permit applications will be submitted
each year for new BIF facilities.

**General Part B Information Requirements for BIFs (Exhibit 5A)**

Exhibit 5A presents burden and cost estimates for general Part B
information requirements for facilities with BIF units. This section
discusses the respondent universe for these requirements.

**Legal Review**

EPA estimates that for all facilities submitting a Part B permit
application (8 facilities per year), owners/operators will have legal
counsel review the completed application prior to submittal to EPA, even
though there is no regulatory requirement to do so.

**General Requirements**

EPA estimates that each year one percent of the facilities submitting a
Part B permit application for their BIF unit(s) (approximately zero
facilities) will submit a demonstration for relief from specific Part B
information requirements under §270.14(a).

**General Facility Standards**

Based on previous experience, EPA makes the following estimates
regarding the Part B requirements for general facility standards:

> • All facilities submitting a Part B permit application for BIF units
> (8 facilities per year) will read the regulations, prepare a written
> description of the facility, and submit and file the general facility
> standards information;
>
> • The burden associated with preparing the waste analysis plan,
> inspection schedule, personnel training programs, contingency plan,
> and closure descriptions and estimates for current facilities with
> interim status BIF units are covered in the general facility standards
> portion of this ICR. Therefore, this section only covers the burden
> for facilities that are expected to begin burning hazardous waste in
> BIF units during the period covered by this ICR. EPA expects that an
> average of three facilities per year will submit a Part B permit
> application for a new BIF unit.
>
> • EPA estimates that each year one percent of the facilities
> submitting a Part B permit application for its BIF unit(s)
> (approximately zero facilities) will submit a demonstration for a
> waiver of the security procedures and equipment requirements
> (§270.14(b)(4)). EPA estimates that all facilities applying for a
> waiver will receive one. Therefore, 8 facilities per year will prepare
> a description of security procedures and equipment requirements;
>
> • One percent of the facilities submitting a Part B permit application
> (approximately zero facilities) will submit a demonstration for an
> exemption from special equipment requirements;
>
> • One percent of facilities submitting a Part B permit application
> (approximately zero facilities) will submit a demonstration for an
> exemption from aisle space requirements under §270.14(b)(6);
>
> • Forty percent of the facilities submitting a Part B permit
> application for their BIF unit(s) (three facilities per year) will
> have to submit information regarding ignitable, reactive, or
> incompatible wastes under §270.14(b)(9);

-   All facilities submitting a Part B permit application (Eight
    facilities per year) will submit a description of traffic patterns,
    volume, and control, and compile and document facility location
    information;

-   No facilities will prepare a demonstration of compliance with the
    seismic standard under §270.14(b)(11)(ii);

-   EPA estimates that 24 percent of facilities submitting a part B
    permit application (two facilities) are located in a 100-year
    floodplain. These facilities will have to submit an engineering
    analysis and engineering studies under §270.14(b)(11)(iv); and

-   EPA estimates that no facilities submitting a Part B permit
    application for their BIF units will submit a compliance plan and
    schedule.

-   EPA estimates that the three new facilities submitting Part B permit
    applications will prepare an outline of personnel training program,
    write descriptions of the necessary closure activities, estimate
    final closure, and write the closure schedule.

**Financial Assurance**

The burden associated with preparing financial assurance materials for
current facilities with interim status BIF units are covered in the
general facility standards portion of this ICR. Therefore, this section
only covers the burden for facilities that are expected to begin burning
hazardous waste in BIF units during the period covered by this ICR. EPA
expects that an average of three facilities per year will submit a Part
B permit application for a new BIF unit. Of these facilities, EPA
estimates that 80 percent (two facilities) will secure financial
assurance through outside institutions. These facilities will submit
financial assurance documentation as part of their Part B permit
application. EPA does not anticipate that any of the facilities seeking
a permit for their BIF unit(s) will choose to use a State financial
mechanism in lieu of the Federal mechanisms. All facilities with new BIF
units must submit documentation of liability coverage for sudden
accidental occurrences.

EPA estimates that no facilities will submit an application for a
variance from the financial responsibility requirements.

**Topographical Map**

All facilities submitting a Part B permit application for their BIF
unit(s) (Eight facilities per year) must submit a topographical map as
required under §270.14(b)(9) in their Part B permit applications.

**Schedules of Compliance**

EPA estimates that five percent of all facilities submitting a Part B
permit application for their BIF unit(s) (zero facilities per year) will
submit a schedule of compliance with their application. Of these
facilities, EPA expects that none will submit an alternative schedule of
compliance, and none will submit an application for two compliance
schedules. EPA does not anticipate that any facilities will submit
evidence of firm public commitment to cease conducting regulated
activities.

**Specific Part B Information Requirements for BIFs (Exhibit 5B)**

Exhibit 5B presents burden and cost estimates for unit-specific Part B
information requirements associated with BIFs. This section discusses
the respondent universe for these requirements.

**Fugitive Emissions**

EPA estimates that ten percent of all facilities submitting a Part B
application for their BIFs (One facilty per year) will submit a
demonstration in support of an alternate means of fugitive emissions
control.

**Part B Information Requirements Relating to the Pre-Trial Burn, Trial
Burn, and Post-Trial Burn Periods**

EPA expects all facilities submitting a Part B permit application for
their BIF unit(s) (8 facilities per year) will submit statements
suggesting the conditions necessary to operate in compliance with
§266.104 through §266.107 during the pre-trial burn and post-trial burn
periods. These facilities are also expected to submit a trial burn plan
and all required certifications. EPA also expects all these facilities,
minus the estimated two facilities per year that will submit data in
lieu of a trial burn under §270.22(a)(6) (23 - 2 = 21), to conduct the
trial burn and make determinations and submit a trial burn report. EPA
also estimates equipment costs, as shown in the exhibit.

EPA expects no facilities will submit a request for an extension of the
720-hour operational period with the Part B application.

EPA estimates that one facility per year will request a later date for
submission of the Part B permit application or the trial burn results.

**Waivers of the Trial Burn**

**(1) Waiver of the Trial Burn for Boilers Operating Under Special
Operating Requirements**

EPA estimates that there are 30 permitted facilities with boiler units,
three of which are expected to submit a Part B permit application over
the period covered by this ICR. EPA estimates that 30 percent of all
facilities with boiler units will submit a demonstration for a waiver of
the trial burn. Thus, EPA estimates that one boiler, or approximately
zero per year, will submit information in support of a waiver.

**(2) Waiver of the Trial Burn for BIFs Burning Low Risk Waste**

EPA estimates that annually, five facilities will submit a demonstration
in support of a waiver on the basis of low risk waste.

**(3) Waiver of the Trial Burn for Metals**

EPA estimates that 20 percent of all facilities submitting Part B
perimits will submit a demonstration in support of a waiver of the trial
burn for metals. Thus, EPA estimates that two facilities will submit
information in support of a waiver.

**(4) Waiver of the Trial Burn for Particulate Matter**

EPA estimates that 20 percent of all facilities submitting part B
permits will submit a demonstration in support of a waiver of the trial
burn for particulate matter. Thus, EPA estimates that annually, two
facilities will submit information in support of a waiver.

**(5) Waiver of the Trial Burn for HCl and Cl~2~ Emissions**

EPA estimates that 30 percent of all facilities submitting part B
permits will submit a demonstration in support of a waiver of the trial
burn for HCl and Cl~2~. Thus, EPA estimates that annually, two
facilities will submit information in support of a waiver.

**(6) Data in Lieu of a Trial Burn**

EPA estimates that ten percent of all facilities submitting a part B
permit will submit information in support of providing data from
compliance testing of the device, or data from compliance testing, trial
burns, or operational burns for a similar unit, in lieu of compliance
testing. Thus, EPA estimates that annually, one facility will submit
information in support of a waiver.

**Alternative HC Limit for Industrial Furnaces with Organic Matter in
Raw Materials**

EPA estimates that ten percent of all facilities with permitted BIF
units will submit with the Part B application a demonstration in support
of an alternative HC limit. Thus, EPA estimates that annually, six
facilities will submit information in support of an alternative limit.

**Alternative Metals Implementation Approach**

EPA estimates that 20 percent of all facilities with new BIF units will
submit a demonstration in support of an alternative metals
implementation approach with the Part B permit application. \[Facilities
submitting this information before submitting a Part B permit
application are covered in the specific units portion of this ICR.\]
Thus, EPA estimates that annually, one facility will submit information
in support of an alternative approach.

**Automatic Hazardous Waste Feed Cutoff System**

EPA assumes that all facilities submitting a Part B permit application
for their BIF unit(s) (Eight per year) will provide information on the
automatic hazardous waste feed cutoff system.

**Direct Transfer Requirements**

EPA estimates that 10 percent of all facilities with BIF units will want
to use the direct transfer provisions of §266.111 to transfer their
hazardous waste. EPA expects existing facilities to submit information
on their direct transfer systems during interim status, before submittal
of the Part B permit application. \[The burden for these facilities is
covered in the specific units portion of this ICR.\] EPA expects only
new facilities to prepare and submit direct transfer information with
the Part B permit application. Thus, EPA expects that zero facilities
per year (three facilities x 10 percent) to collect data and obtain a
certification that the installation meets NFPA codes. EPA expects that
these facilities will have existing direct transfer equipment that has
secondary containment, and therefore will not need to collect data to
support, and obtain and keep on file, a written assessment that attests
to the equipment\'s integrity.

**Regulation of Residues**

EPA estimates that approximately one-third of all facilities will submit
demonstrations in support of an exclusion from classification as
hazardous waste for their residues. EPA expects facilities with new BIF
units that apply for this exclusion to prepare and maintain a rationale
for handling non-detect data points. Thus, EPA expects that annually,
one facility with new BIF units to prepare such information. EPA does
not expect any of these facilities to apply for an alternate statistical
approach. \[EPA expects existing facilities to submit this information
during interim status, before submitting a Part B permit application.
These facilities are covered in the specific units portion of this
ICR.\]

**Permit Modifications for BIFs (Exhibit 5C)**

Exhibit 5C presents burden and cost estimates associated with permit
modifications and expiration and continuation of permits. The respondent
universe for permit modifications and renewals is discussed below.

**Transfer of Permits**

In addition to the permit modifications discussed below, EPA estimates
that no facilities with permitted BIFs will submit the written agreement
required to transfer ownership or operational control of a facility.

**Permit Modification at the Request of the Agency**

EPA estimates that there will be an average of 59 permitted facilities
during the period covered by this ICR. During the 3-year period covered
by this ICR, EPA estimates that 25 percent of these facilities (15
facilities) will seek Class 1 permit modifications; 62 percent (37
facilities) will seek Class 2 permit modifications; and 32 percent (18
facilities) will seek Class 3 modifications. EPA expects that the
majority of these permit modification requests will be initiated by the
permittees under §270.42, but anticipates that 33 percent of the Class 2
and 3 permit modifications submitted will be modifications initiated by
the Agency under §270.41. Thus, EPA estimates that approximately twelve
Class 2 permit modifications and six Class 3 permit modifications will
be made at the request of the Agency, for a total of 18 Class 2 and 3
modifications (annualized at six modifications per year). \[The BIF
regulations, promulgated on February 21, 1991, required owners and
operators of permitted facilities that had an existing BIFs burning
hazardous waste to submit a Class 1 modification on or before the
effective data of the rule. In addition, these facilities had to submit
a Class 2 or 3 modification within 180 days of the rule. This ICR
assumes that all facilities subject to this requirement have already
submitted the required modifications. Therefore, this ICR contains no
burden for such modifications.\]

**Permit Modification at the Request of the Permittee**

As stated above, EPA estimates that 15 facilities will submit Class 1
permit modifications during the period covered by this ICR
(approximately five each year). In addition, based on the discussion
above, EPA estimates that 25 Class 2 permit modifications and
approximately 12 Class 3 permit modifications will be submitted at the
request of the permittee, for a total of 37 Class 2 and 3 modifications.
Thus, EPA expects there to be a total of 17 ((15+25+12)/3) permit
modifications to be made at the request of the permittee each year.

EPA also estimates that each year one facility with BIF unit(s) will
request that EPA classify its permit modification as a Class 1
modification. This facility will submit information in support of its
request.

**Temporary Authorizations**

EPA estimates that 25 percent of the facilities seeking a Class 2 or
Class 3 permit modification at their own request ((37 x 0.25)/3) =3
facilities) will submit a request for temporary authorization under
§270.42(e).

**Expiration and Continuation of Permits**

EPA does not expect any facilities to submit applications for renewal of
permits for BIF units during the period covered by this ICR.

##  

## 6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES 

**(i) Respondent Tally**

The annualized burden to respondents under the RCRA requirements
applicable to the 91 BIF facilities is estimated to be 238,997 hours,
and 1,969 responses; or an average burden of 2,626 hours per facility
per year. The average response burden works out to121 hours per
response. The total annualized capital/start-up cost is \$7,855,000 and
the O & M is \$9,880,000. (See exhibit 7)

> **(ii) Agency Tally**

The annual burden to the Agency under the BIF requirements is estimated
to be 7719 hours, at a cost of \$393, 623. Over three years, the bottom
line burden to the Agency is 23,157 hours, at a cost of \$1,180,869.

##  6(f) REASONS FOR CHANGE IN BURDEN

The previously approved BIF ICR, #1361.09, estimated an annual
respondent burden of 307,949 hours. This current ICR \# 1361.10,
estimates an annual respondent burden of 238,997 hours, which is a
decrease of 68,952 hours. The change in burden is the result of a
program change of 50,188 hours and an adjustment of 18,764 hours.

The decrease in burden from the existing approved ICR \# 1361.09 is
primarily due to the transitioning of the burden to the MACT rule ICR
#1773.08 (OMB Control Number 2050-0171).  This decrease in burden has
been characterized as a program change of 50,188 hours. In view of newly
promulgated (70 [FR]{.underline} 59402, October 12, 2005), and more
stringent requirements under the Clean Air Act, these facilities will
conduct activities and start preparations for doing trial burns under
those regulations. We have estimated that most cement kilns and
lightweight aggregate kilns will conduct activities responsive to the
above rule, and so the burden has been estimated under that ICR. They
have already been subject to the interim standards under the MACT rule
which was published at 67 [FR]{.underline} 6792 on February 13, 2002,
and became effective on September 30, 2003.

The decrease in burden is also partially due to changes to the universe.
In the previously approved ICR \# 1361.09, the BIF universe consisted of
44 permitted facilities and 47 interim status facilities. Since then, an
average of five facilities progressed from interim status to permitted
status annually, after conducting their trial burns. The current
universe consists of 59 permitted facilities and 32 interim status
facilities. This decrease in burden has been characterized as an
adjustment of 18,764 hours.

## 6(g) BURDEN STATEMENT

The average reporting and recordkeeping burden for the universe of 91
BIF facilities is 2,626 hours per facility. These estimates include time
for complying with requirements associated with general facility
standards, recordkeeping, contingency plan and emergency procedures,
closure, financial assurance, and conditions applicable to all permits;
specific unit requirements for BIFs. (see exhibit 13)

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed to
review instructions; develop, acquire, install, and utilize technology
and systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. The
OMB control numbers for EPA\'s regulations are listed in 40 CFR part 9
and 48 CFR chapter 15.

To comment on the Agency\'s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
RCRA-2005-0007, which is available for public viewing at the Resource
Conservation and Recovery Act (RCRA) Docket in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the RCRA Docket is (202) 566-0270. An electronic
version of the public docket is available through EPA Dockets (EDOCKET)
at http://www.epa.gov/edocket. Use EDOCKET to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically. Once in the system, select "search," then key in the
docket ID number identified above. Also, you can send comments to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk
Office for EPA. Please include the EPA Docket ID No. (RCRA-2005-0007)
and OMB control number (2050-0073) in any correspondence.

[^1]: **^?^**For new facilities, the required financial assurance
    information may be submitted 60 days prior to initial receipt of
    hazardous wastes, if initial receipt is later than submission of the
    Part B. For the purposes of this ICR, EPA assumes that all financial
    assurance information will be submitted with the Part B permit
    application.

[^2]: For this section it is estimated that 15% of permitted and interim
    status facilities are cement or lightweight aggregate kilns that are
    no longer subject top 40CFR Part 264 and 264 requirements because
    they meet 40CFR Part 63 Subpart EEE

[^3]: For this section it is estimated that 15% of BIFS (permitted and
    interim status) are cement kilns or lightweight aggregate kilns that
    are no longer subject to these requirements because they have met
    40CFR Part 63 subpart EEE requirements.

[^4]: ^?^ The respondent universe for each of these requirements
    reflects EPA\'s estimate that facilities that use an alternative
    implementation approach for metals (5 facilities with permitted
    units) will conduct each activity 330 times a year, or once each
    operating day. Thus, EPA estimates that each of these activities
    will be performed 1,500 times (5 x 330).

[^5]: Specific costs are as follows: (1) \$28,489 per monitor,
    installed, (2) \$156,122 to purchase and install a sampling system,
    and (3) \$427,342 to purchase and install a data aquisition system.

[^6]: The respondent universe for each of these requirements reflects
    EPA\'s estimate that 4 facilities with interim status BIF units will
    use an alternative metals implementation approach. These facilities
    will conduct each activity 330 times a year, or once each working
    day. Thus, EPA estimates that each of these activities will be
    performed 1,320 times (4 x 330).