SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1597.08

“REQUIREMENTS AND EXEMPTIONS FOR SPECIFIC RCRA WASTES”

February 7, 2008
TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection ................................................................ 1

1(b) Short Characterization ........................................................................................................ 1

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection ............................................................................... 2

2(b) Use and Users of the Data.................................................................................................. 2

3. NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA

3(a) Nonduplication .................................................................................................................... 3

3(b) Public Notice Required Prior to ICR Submission to OMB................................................... 3

3(c) Consultations ...................................................................................................................... 4

3(d) Effects of Less Frequent Collection .................................................................................... 4

3(e) General Guidelines ............................................................................................................. 4

3(f) Confidentiality...................................................................................................................... 4

3(g) Sensitive Questions ............................................................................................................ 4

4. THE RESPONDENTS AND THE INFORMATION COLLECTED

4(a) Respondents and SIC/NAICS Codes ............................................................................... 4

4(b)(1) Information Requested for Universal Waste ....................................................................... 6

4(b)(2) Information Requested for Mixed Waste ........................................................................... 9

4(b)(3) Information Requested for Used Oil ................................................................................. 13 

5 THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, 

AND INFORMATION MANAGEMENT

5(a) Agency (or Authorized State) Activities............................................................................ 21

5(b) Collection Methodology and Management ....................................................................... 22

5(c) Small Entity Flexibility ....................................................................................................... 23

5(d) Collection Schedule .......................................................................................................... 23

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Respondent Burden ....................................................................................... 24

6(b) Estimating Respondent Costs........................................................................................... 24

6(c)(1) Estimating Federal Agency Burden and Cost................................................................... 24

6(c)(2) Estimating State Agency Burden and Cost....................................................................... 25

6(d)(1) Estimating the Respondent Universe for Universal Waste............................................... 25

6(d)(2) Estimating the Respondent Universe for Mixed Waste .................................................... 27

6(d)(3) Estimating the Respondent Universe for Used Oil ........................................................... 29

6(e) Bottom Line Burden Hours and Costs .............................................................................. 29

6(f) Reasons for Change in Burden........................................................................................ 30

6(g) Burden Statement ............................................................................................................. 30
1

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of Information Collection

This ICR is entitled “Reporting and Recordkeeping Requirements for Certain Waste-Specific 

Regulations”, ICR number 1597.08. This ICR consolidates two ICRs: the “Requirements and 

Exemptions for Specific RCRA Wastes,” ICR number 1597.06, and the “Used Oil Management Standards 

Recordkeeping and Reporting Requirements”,” ICR number 1286.07.

1(b) Short Characterization/Abstract

In the 1976 Resource Conservation and Recovery Act (RCRA), as amended, Congress directs 

the U.S. Environmental Protection Agency (EPA) to develop and administer a comprehensive program for 

the safe management and disposal of hazardous waste. In 1980, EPA promulgated regulations in 40 

CFR Part 260-279 to comply with RCRA. EPA has since added to these regulations on many occasions. 

Universal Waste

In 1995, EPA promulgated regulations in 40 CFR Part 273 that govern the collection and 

management of widely generated hazardous wastes known as “Universal Wastes”. Universal Wastes are 

wastes that are generated in non-industrial settings by a vast community, and are present in nonhazardous waste management systems. Examples of Universal Wastes include certain batteries, 

pesticides, mercury-containing lamps and thermostats. The Part 273 regulations are designed to 

separate Universal Waste from the municipal wastestream by encouraging individuals and organizations 

to collect these wastes and to manage them in an appropriate hazardous waste management system. 

EPA distinguishes two types of handlers of Universal Wastes: small quantity handlers of Universal Waste 

(SQHUW) and large quantity handlers of Universal Waste (LQHUW). SQHUWs do not accumulate more 

than 5,000 kg of any one category of Universal Waste at one time, while LQHUWs may accumulate 

quantities at or above this threshold. More stringent requirements are imposed on LQHUWs because of 

greater potential environmental risks. 

Mixed Waste

In 2001, EPA promulgated regulations in 40 CFR Part 266 Subpart N that provide increased 

flexibility to facilities managing wastes commonly known as “Mixed Waste”. Mixed Waste are low-level 

mixed waste (LLMW), and naturally occurring and/or accelerator-produced radioactive material (NARM) 

containing hazardous waste. These wastes are also regulated by the Atomic Energy Act. As long as 

specified eligibility criteria and conditions are met, LLMW and NARM are exempt from the definition of 

hazardous waste as defined in Part 261. Although these eligible wastes are exempted from RCRA 

manifest, transportation, and disposal requirements, they must still comply with the manifest, 

transportation, and disposal requirements under the Nuclear Regulatory Commission (NRC) regulations, 

or NRC-Agreement State regulations. There are two conditional exemptions:

Storage and Treatment Conditional Exemption

This conditional exemption for storage and treatment applies to any generator of LLMW who is 

licensed by NRC or an NRC Agreement State to manage radioactive materials. The conditional 

exemption is available only to LLMW generated under a single NRC or NRC Agreement State 

license. LLMW generators must notify EPA of the LLMW storage units for which they are 

claiming an exemption, and must meet the conditions listed in section 266.230. The exemption is 

valid as long as the Mixed Waste meets the conditions, remains in a conditionally exempt storage 

unit, and is subject to NRC regulation.

Transportation and Disposal Conditional Exemption

This conditional exemption from the definition of hazardous waste applies to generators and 

treaters who send their treated waste to a commercial low-level radioactive waste disposal facility 
2

(LLRWDF) licensed by NRC or NRC Agreement State. The eligible LLMW or NARM waste would 

be exempted from RCRA Subtitle C once it is placed on the transportation vehicle bound for 

disposal at the LLRWDF. The waste could then be transported to the LLRWDF as strictly 

radioactive waste using an NRC Uniform LLW Manifest. Generators and treaters under the 

exemption must undertake the information collection requirements listed in section 266.345.

Used Oil

In 1992, EPA finalized management standards for used oils destined for recycling. The Agency 

codified the used oil management standards in Part 279 of 40 CFR. The regulations at 40 CFR Part 279 

establish, among other things, streamlined procedures for notification, testing, labeling, and 

recordkeeping. They also establish a flexible self-implementing approach for tracking off-site shipments 

that allow used oil handlers to use standard business practices (e.g., invoices, bill of lading). In addition, 

part 279 sets standards for the prevention and cleanup of releases to the environment during storage and 

transit. EPA believes these requirements will minimize potential mismanagement of used oils, while not 

discouraging recycling.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection

EPA promulgated the Universal Waste regulations at 40 CFR Part 273 under the authority of 

Subtitle C of RCRA. EPA needs to collect information to ensure that Universal Waste is being managed 

in a manner protective of human health and the environment. For example, EPA needs to collect 

notifications of Universal Waste management from LQHUWs to obtain general information on these 

handlers and to facilitate enforcement of the Part 273 regulations. EPA promulgated labeling and 

marking requirements and accumulation time limits to ensure that Universal Waste is being accumulated 

responsibly. EPA needs to collect information on illegal Universal Waste shipments to enforce 

compliance with applicable regulations. Finally, EPA requires tracking of Universal Waste shipments to 

help ensure that Universal Waste is being properly treated, recycled, or disposed.

EPA also promulgated the Conditional Exemption for Low-Level Mixed Waste Storage, 

Treatment, Transportation and Disposal regulations at 40 CFR Part 266 Subpart N in response to 

negotiations with commercial nuclear power plants and their trade representatives. The industry 

expressed interest in regulatory flexibility to allow the disposal of mixed waste in commercial low-level 

radioactive waste disposal facilities (LLRWDFs) as a RCRA-exempt waste. The negotiations resulted in a 

final consent decree, which required EPA to publish a proposed rule that requests comment on an 

exemption from the RCRA regulations for mixed waste generated by nuclear power plants.

And finally, EPA promulgated the Used Oil Management Standards at 40 CFR Part 279 under 

Section 3014 of RCRA, which provides EPA with the statutory authority to promulgate used oil 

management standards to protect public health and the environment and to not discourage recycling.

2(b) Use and Users of the Data

Universal Waste

EPA uses collected information to ensure that Universal Waste is being managed in a protective 

manner. This data aids the Agency in tracking Universal Waste shipments and identifying improper 

management practices. In addition, information kept in facility records helps handlers and destination 

facilities to ensure that they and other facilities are managing Universal Waste properly. Finally, petitions 

submitted under sections 273.80 and 273.81 in support of regulating other wastes or waste categories

under Part 273 help EPA to compile information on these wastes, and to determine whether regulation as 

a Universal Waste is appropriate.
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Mixed Waste

EPA has developed minimum criteria in section 266.230 to ensure that LLMW generators take 

appropriate steps to qualify for the Storage and Treatment Conditional Exemption, and requires that 

generators or treaters notify EPA or the Authorized State that they are claiming the transportation and 

disposal exemption prior to the initial shipment of a waste to a LLRWDF. Section 266.345(a) requires 

that generators or treaters notify EPA or the Authorized State that they are claiming the Transportation 

and Disposal Conditional Exemption prior to the initial shipment of a waste to a LLRWDF. This 

exemption notice provides a tool for RCRA program regulatory agencies to become aware of the 

generator’s exemption claims. The information contained in the notification package provides the RCRA 

program regulatory agencies with a general understanding of the claimant. This information also allows 

the agencies to document the generator’s exemption status and to plan inspections and review 

exemption-related records.

Used Oil

There are four categories of respondents to the Used Oil standards. Used Oil transporters and 

transfer facilities, used oil processors and re-refiners, burners who burn off-specification used oil for 

energy recovery, and used oil marketers. In addition, a State may petition EPA to allow the use of used 

oil as a dust suppressant. The State must demonstrate that it has a program in place to prevent the use 

of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust 

suppressant. So far no States have made such a petition.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

Universal Waste

The streamlined requirements for Universal Wastes minimize the paperwork activities 

respondents must undertake in relation to the full hazardous waste program, and enable them to follow 

standard industry practices and other Federal agency requirements, where appropriate, to satisfy the 

Universal Waste requirements. For example, LQHUWs may use a log, invoice, bill of lading, or other 

shipping document to track off-site shipments received and sent (i.e., in lieu of a RCRA manifest). As 

such, the Universal Waste requirements minimize the potential for duplication with other paperwork 

requirements of EPA’s and other Federal agencies’ regulatory programs.

Mixed Waste

The information collected for LLMW or NARM waste eligible for the conditional exemptions is not 

available from any existing sources of information. Furthermore, the exemptions are self-implementing, 

and intended to provide relief to respondents from duplicative information collection requirements.

Used Oil

There is no other Federal agency that collects the information as required under part 279 

concerning the management of used oil for recycling. EPA has coordinated the development of the part 

279 requirements with the Department of Transportation’s 49 CFR regulations, where applicable. Used 

oil transporters must comply with all applicable packaging, labeling, and placarding requirements of 49 

CFR parts 173, 178, and 179. In addition, used oil transporters must report discharges of used oil 

according to existing 49 CFR part 171 and 33 CFR part 153 requirements.

3(b) Public Notice Required Prior to ICR Submission to OMB

In compliance with the Paperwork Reduction Act of 1995, EPA issues public notices in the 

Federal Register taking comment on our intent to renew ICRs. On September 19, 2007 EPA issued a 
4

public notice in the Federal Register on the Requirements and Exemptions for Specific RCRA Wastes

ICR renewal (72 FR 53562). EPA received no comments in response to the Federal Register notice.

3(c) Consultations

As noted above, EPA published an Federal Register notice. EPA also conducted separate 

consultations with the regulated communities. No more than nine facilities were contacted.

3(d) Effects of Less Frequent Collection

For both waste categories, EPA has carefully considered the burden imposed upon the regulated 

community by the regulations. EPA is confident that those activities required of respondents are 

necessary and has attempted to minimize the burden imposed. For the Universal Waste requirements, 

EPA believes strongly that if the minimum requirements specified under the regulations are not met, 

neither the facilities nor EPA can ensure that Universal Waste is being managed in a manner protective of 

human health and the environment. For the Mixed Waste exemptions, these requirements constitute the 

minimum amount of reporting that could be required while still maintaining some level of EPA supervision.

3(e) General Guidelines

This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act, OMB’s 

implementing regulations, OMB’s Information Collection Review Handbook, and other applicable OMB 

guidance.

3(f) Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA’s general policy on 

the public disclosure of information, contain provisions for confidentiality.

3(g) Sensitive Questions

No questions of a sensitive nature are included in any of the information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and SIC/NAICS Codes

Table 1

List of SIC and NAICS Codes

Description NAICS Codes

Crop Production 011

Soil Preparation 115

Landscape Services 541

Forestry and Logging 113

Plumbing, Heating, and Air Conditioning 235

Textile Mills 313

Paper Manufacturing 322
5

Description NAICS Codes

Printing and Publishing 323

Chemicals Manufacturing 325

Plastics and Rubber Product Manufacturing 326

Petroleum and coal products 324

Leather Tanning and Finishing 316

Ceramic Wall and Floor Tile 327

Primary Metal Industries 331

Fabricated Metal Products 332

Industrial and Commercial Machinery and Computer Equipment 333

Electronics and Other Electrical Equipment and Components 335

Transportation Equipment 336

Medical Equipment, Including Ophthalmic Goods 339

Rail Transportation 482

Transit and Ground Passenger Transportation 485

Motor Freight Transportation Warehousing 484

Air Transportation 481

Electric, Gas, and Sanitary Services 221

Scrap and Waste Materials 421

Wholesale Petroleum Marketing 454

Automobile Dealers 441

Dry Cleaning and Laundry Services 812

Photographic Studios 541

Funeral Services and Crematories 812

Miscellaneous Business Service 561

Automotive Repair Services 811

Motion Picture and Video Industries 512

Services to Buildings and Dwellings 5617
6

Description NAICS Codes

Health Services 62

Colleges, Universities, Professional Schools, and Junior Colleges 611

Research, Development, and Testing Services 541

Other Services 541

National Security 928

4(b)(1) Information Requested for Universal Waste

A. Notification of Universal Waste

(i) Data Items

Section 273.32 requires LQHUWs to send written notification of Universal Waste 

management to the Regional Administrator, and receive an EPA identification number, 

before exceeding the 5,000 kilogram accumulation limit of Universal Waste. (Sections 

273.32(a)(2) and (3), however, exempt LQHUWs from this requirement if they have 

already notified EPA of either hazardous waste activities under RCRA or pesticide 

management under FIFRA.) 

The notification must include the following data items:

• Universal Waste handler’s name and address (§273.32(b)(1));

• Name and phone number of the contact person at the Universal Waste handler’s 

site (§273.32(b)(2));

• Location of the Universal Waste management activities (§273.32(b)(3));

• A list of all types of Universal Waste managed (§273.32(b)(4)); and

• A statement that 5,000 kilograms or more of waste are accumulated at one time, 

and a description of the types of waste accumulated above this quantity 

(§273.32(b)(5)).

(ii) Respondent Activities

Prepare and send written notification of Universal Waste management.

B. Labeling/Marking of Universal Waste

(i) Data Items

Sections 273.14 and 273.34 require SQHUWs and LQHUWs, respectively, to label or 

mark their Universal Waste. The information must identify the type of waste, and be 

provided on the waste itself, or the container, tank, or transport vehicle in which the waste 

is contained (§§273.14 and 273.34).

(ii) Respondent Activities
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Label or mark the Universal Waste to identify the type of waste.

C. Accumulation Time Limits for Universal Waste

(i) Data Items

Sections 273.15 and 273.35 require SQHUWs and LQHUWs, respectively, to 

demonstrate the length of time that the Universal Waste has been accumulated from the 

date it was received or became a waste. The demonstration may be made by using any 

of the following methods: 

• Placing the Universal Waste in a container and marking or labeling the container 

with the earliest date that any Universal Waste in the container became a waste 

or was received (§273.15(c)(1) or §273.35(c)(1));

• Marking or labeling the individual item of Universal Waste with the date it became 

a waste or was received (§273.15(c)(2) or §273.35(c)(2));

• Maintaining an inventory system on-site that identifies the date the Universal 

Waste being accumulated became a waste or was received (§273.15(c)(3) or 

§273.35(c)(3));

• Maintaining an inventory system on-site that identifies the earliest date any 

Universal Waste in a group of Universal Waste items or a group of containers of 

Universal Waste became a waste or was received (§273.15(c)(4) or 

§273.35(c)(4));

• Placing the Universal Waste in a specific accumulation area and identifying the 

earliest date that any Universal Waste in the area became a waste or was 

received (§273.15(c)(5) or §273.35(c)(5)); or

• Any other method approved in advance by the Regional Administrator or the 

State Director (§273.15(c)(6) or §273.35(c)(6)).

(ii) Respondent Activities

Demonstrate the length of time that Universal Waste has been accumulated since it 

became a waste or was received.

D. Off-Site Shipments of Universal Waste

(i) Data Items

Sections 273.18(f), 273.38(f), and 273.61(b) require SQHUWs, LQHUWs, and destination 

facilities, respectively, to notify a Universal Waste handler if a shipment or a portion of a 

shipment is rejected. Sections 273.18(g), 273.38(g), and 273.61(c) require SQHUWs, 

LQHUWs, and destination facilities, respectively, to notify the regional EPA office of any 

illegal shipment of waste. The data items required for rejection notifications or illegal 

shipment notifications are:

• Notification to the originating handler of the rejection of the shipment 

(§§273.18(f), 273.38(f), or 273.61(b)); and/or

• Notification to EPA of the illegal shipment, including the name, address, and 

phone number of the originating shipper (§§273.18(g), 273.38(g), and 273.61(c)).
8

(ii) Respondent Activities

• If necessary, prepare and submit a notice of rejection of shipment to the 

originating handler; and/or

• If necessary, prepare and submit a notice of illegal shipment to EPA.

E. Tracking Shipments of Universal Waste

(i) Data Items

Sections 273.39 and 273.62 require LQHUWs and destination facilities, respectively, to 

maintain records of each Universal Waste shipment received and sent, and to retain 

those records for a period of three years from the day of receipt or sending of the 

shipment. The following information is required in the records:

For shipments received on site, data items must consist of:

• The name and address of the originating Universal Waste handler from whom 

the waste was sent (§§273.39(a)(1) and 273.62(a)(1));

• The quantity of each type of Universal Waste received (§§273.39(a)(2) and 

273.62(a)(2)); and

• The date the Universal Waste was received (§§273.39(a)(3) and 273.62(a)(3)).

For shipments sent off-site for further management, data items must consist of:

• The name and address of the Universal Waste handler to whom the waste was

sent (§§273.39(b)(1) and 273.62(b)(1));

• The quantity of each type of Universal Waste sent (§§273.39(b)(2) and 

273.62(b)(2)); and

• The date the Universal Waste was sent (§§273.39(b)(3) and 273.62(b)(3)).

(ii) Respondent Activities

• For shipments received on site, maintain records for a period of three years.

• For shipments sent off-site, maintain records for a period of three years.

F. Petitions to Include Other Wastes under 40 CFR Part 273

(i) Data Items

Section 273.80 allows any person to petition EPA for an amendment to add a hazardous 

waste or category of hazardous waste to the Universal Waste regulations in 40 CFR Part 

273. The petitioner must demonstrate that regulation under part 273 is: (1) appropriate 

for the waste or category of waste, (2) will improve management practices for the waste 

or category of waste, and (3) will improve implementation of the hazardous waste 

program. The demonstration must include:

• A description of the need for regulation and regulatory impacts (§273.80(b)).

• Information required under 40 CFR 260.20(b)
9

• Information addressing the factors listed in 40 CFR 273.81.

(ii) Respondent Activities

Prepare and submit a petition supporting regulation of a waste or waste category under 

Part 273.

4(b)(2) Information Requested for Mixed Waste

A. Storage and Treatment Conditional Exemption

(i) Data Items

Facilities seeking the mixed waste storage and treatment exemption must provide, or 

conduct and maintain the following, as required by §266.230:

• A written notification submitted by certified delivery stating that the facility intends 

to claim the conditional exemption for LLMW stored at the facility. The dated 

notification must include the facility name, address, RCRA identification number, 

NRC or NRC Agreement State license, the waste code(s) and storage unit(s) for 

which the facility is seeking an exemption, and a statement that the facility meets 

the conditions of this part. The notification must be signed by the facility’s 

authorized representative certifying that the information in the claim is true, 

accurate, and complete. The notification must be submitted within 90 days of the 

effective date of this rule in each State, or within 90 days of when a storage unit 

is first used to store conditionally exempt LLMW, as required by §266.230(a);

• A certification that facility personnel who manage stored conditionally exempt 

LLMW are trained in a manner that ensures that the conditionally exempt waste 

is safely managed and includes training in chemical waste management and 

hazardous materials incidents response that meets the personnel training 

standards found in 40 CFR 265.16(a)(3), as required by §266.230(b)(3);

• An inventory of stored conditionally exempt LLMW (conducted at least annually), 

as required by §266.230(b)(4);

• Inspections of stored conditionally exempt LLMW for compliance with the 

conditions listed in Part 266 Subpart N (conducted at least quarterly), as required 

by §266.230(b)(4); and

• An accurate emergency plan describing emergency response arrangements with 

local authorities and evacuation plans; listing the names, addresses, and 

telephone numbers of all facility personnel qualified to work with local authorities 

as emergency coordinators; and listing emergency equipment, as required by 

§266.230(b)(5).

(ii) Respondent Activities

• Prepare and submit by certified delivery the notification of intent to claim the 

conditional exemption for LLMW stored at the facility;

• Prepare the certification that facility personnel have been appropriately trained;

• Inventory conditionally exempt LLMW and record findings (at least annually);

• Conduct compliance inspections of conditionally exempt LLMW and record 
10

findings (at least quarterly); and

• Maintain an emergency plan on site and provide it to all local emergency 

response authorities who may have to respond to a fire, explosion, or release of 

hazardous waste or hazardous constituents.

B. Loss of Storage and Treatment Conditional Exemption

(i) Data Items

Facilities that lose the exemption for their conditionally exempt LLMW because they no 

longer meet the requirements in §266.230 must provide the following, as required by 

§266.240:

• A written notification submitted by certified delivery within 30 days of becoming 

aware of the failure informing EPA or the Authorized State and the NRC or 

oversight agency in the NRC Agreement State of the condition(s) the facility 

failed to meet, a description of the LLMW (including the waste name, hazardous 

waste codes, and the quantity), the storage location at the facility, and the date(s) 

on which the facility failed to meet the conditions, as required by §266.240(a)(1); 

and

• If the failure may endanger human health or the environment, an oral notification 

to EPA or the Authorized State, within 24 hours of learning of the failure, followed 

by a written notification within five days, as required by §266.240(a)(2).

In order to reclaim an exemption for LLMW, a facility must provide a notice signed by the 

facility’s authorized representative and submitted by certified delivery to EPA or the 

Authorized State as required by §266.245(a)(2). This notice must include the following:

• An explanation of the circumstances of the failure(s);

• Certification that all failures that caused the facility to lose the exemption for its 

LLMW have been corrected and that the facility again meets all of the conditions 

in §266.230 as of the date specified;

• A description of the plan implemented, listing specific steps taken, to ensure the 

conditions will be met in the future; and

• Any additional information the facility would like to submit.

(ii) Respondent Activities

• Prepare and submit by certified delivery the written notification of exemption loss;

• Inform the EPA Region or the Authorized State of the failure (orally and follow-up 

written notification) in cases of endangerment to human health or the 

environment; and

• Prepare and submit by certified delivery the notice reclaiming the exemption for 

LLMW.

C. Record Keeping for Storage and Treatment Conditional Exemption
11

(i) Data Items

In addition to those records required by the NRC or NRC Agreement State license, all 

facilities subject to the mixed waste exemption requirements must develop and maintain 

the following as required by §266.250:

• Initial notification records, return receipts, reports to EPA or the Authorized State

of failure(s) to meet the exemption conditions, and all records supporting any 

reclaim of an exemption;

• Records of LLMW annual inventories, and quarterly inspections;

• Certification that facility personnel who manage stored mixed waste are trained in 

safe management of LLMW including training in chemical waste management 

and hazardous materials incidents response; and

• Emergency plan as specified in §266.230(b).

(ii) Respondent Activities

Maintain and update records of notifications, return receipts, failure report(s), inventories, 

inspections, certifications, and the emergency plans.

D. Transportation and Disposal Conditional Exemption

(i) Data Items

Facilities claiming a Transportation and Disposal Conditional Exemption must provide the 

following, as required by §266.345(a) and (b):

• A written notification submitted to EPA or the Authorized State by certified 

delivery prior to the first shipment of waste to the LLRWDF that states that the 

facility is claiming the Transportation and Disposal Conditional Exemption. The 

notification must include the date and the facility name, address, phone number, 

and RCRA ID number, as required by §266.345(a).

• A notification sent by certified delivery to the LLRWDF prior to each shipment of 

exempted waste, as required by §266.345(b). 

(ii) Respondent Activities

Prepare and submit the notification to EPA or the Authorized State and prepare and 

submit the LLRWDF notifications.

E. Loss of Transportation and Disposal Conditional Exemption

(i) Data Items

Owners or operators of facilities who fail to satisfy any of the conditions for the 

transportation and disposal exemption for their waste must provide the following:

• A report signed by the facility’s authorized representative and submitted by 

certified delivery within 30 days of becoming aware of the failure, as required by 

§266.355(a)(1).

• A description of the waste (including the waste name, hazardous waste codes 
12

and quantity) that lost the exemption; and

• The date(s) on which the facility failed to meet the condition(s) for the waste.

• If the failure may endanger human health or the environment, oral notification to 

EPA or the Authorized State within 24 hours, followed by a notification within five 

days, as required by §266.355(a)(2).

To reclaim the Transportation and Disposal Conditional Exemption for the waste, another 

notification must be signed by the facility’s authorized representative and submitted by 

certified delivery, as required by §266.360(a)(2). This notification must include:

• An explanation of the circumstances of each failure;

• A certification that all failures that caused the facility to lose the exemption for the 

waste have been corrected and that the facility again meets all of the applicable 

conditions for the waste as of the date specified;

• A description of the plan implemented, listing specific steps taken, to ensure the 

conditions will be met in the future; and

• Any additional information the facility would like to submit.

(ii) Respondent Activities

• Prepare and submit by certified delivery the report of the failure;

• Inform EPA or the Authorized State of the failure (orally and follow-up 

notification) in cases of endangerment to human health or the environment; and

• Prepare and submit by certified delivery the notice for reinstatement.

F. Record Keeping for Transportation and Disposal Conditional Exemption

(i) Data Items

In addition to those records required by the NRC or NRC Agreement State license, 

facilities must develop and maintain the following items, as required in §266.350:

• All applicable existing records required under §§264.73, 265.73, and 268.7 to 

demonstrate that the facility’s waste has met LDR treatment standards prior to 

claiming the exemption. [These are existing recordkeeping requirements and are 

not burdened in this ICR.]

• A copy of all notifications and return receipts sent under §§266.355 and 266.360 

for three years after the exempted waste is sent for disposal;

• A copy of all notifications and return receipts required by §266.345(a) for three 

years after the last exempted waste is sent for disposal; 

• A copy of the notification and return receipt required by §266.345(b) for three 

years after the exempted waste is sent for disposal; and

• If the facility or its waste is not already subject to NRC or NRC Agreement State 

equivalent manifest and transportation regulations for the shipment of its waste, it 

must keep a copy of all other documents related to tracking the exempted waste 

as required under 10 CFR 20.2006 or NRC Agreement State equivalent 
13

regulations, including applicable NARM requirements, in addition to the records 

specified in §266.350(a) through (d).

(ii) Respondent Activities

Copy, when necessary, and maintain the records listed above.

4(b)(3) Information Requested for Used Oil

A. Notification

(i) Data Items

The data items required of used oil transporters for the above activities include: 

• A completed EPA Form 8700-12; or 

• A letter requesting an EPA identification number. The letter must include the 

following information:

Transporter company name;

Owner of the transporter company;

Mailing address for the transporter;

Name and telephone number for the transporter point of contact;

Type of transport activity;

Location of all transfer facilities at which used oil is stored; and

Name and telephone number for a contact at each transfer facility.

(ii) Respondent Activities

In order to comply with the above requirements, used oil transporters must conduct the 

following activities:

• Submit to EPA a completed EPA Form 8700-12 or a letter requesting an 

identification number.

[Note: This ICR does not address the requirement in 40 CFR 279.42 for obtaining an 

EPA identification number. Refer to the “Notification of Regulated Waste Activity,” ICR Number 

261, for this requirement.]

B. Used Oil Discharges

(i) Data Item

The data items required of used oil transporters for the above activities include: 

• Notification to local authorities of the used oil discharge.
14

(ii) Respondent Activity

In order to comply with the above requirements, used oil transporters must conduct the 

following activities:

• Notify local authorities of the used oil discharge.

[Note: This ICR does not address the 49 CFR part 171 and 33 CFR part 153 notification 

requirements referenced in 40 CFR 279.43(c) since these requirements are not under EPA’s 

jurisdiction.]

C. Rebuttable Presumption for Used Oil

(i) Data Items

The data items required of used oil transporters for the above activities include: 

• A determination of whether the total halogen content of the used oil being 

transported or stored at the transfer facility is above or below 1,000 ppm;

• If the used oil contains greater than or equal to 1,000 ppm total halogens, a 

demonstration that the used oil does not contain hazardous waste; and

• Records of analyses conducted or information used to demonstrate compliance 

with the rebuttable presumption for used oil.

(ii) Respondent Activities

In order to comply with the above requirements, used oil transporters must conduct the 

following activities:

• Determine whether the total halogen content of used oil being transported or 

stored at a transfer facility is above or below 1,000 ppm by testing the used oil or 

applying knowledge of the halogen content of the used oil in light of the materials 

or processes used;

• If the used oil contains greater than or equal to 1,000 ppm total halogens, rebut 

the hazardous waste presumption by demonstrating that the used oil does not 

contain hazardous waste; and

• Maintain records of analyses conducted or information used to demonstrate 

compliance with the rebuttable presumption for used oil for at least three years.

D. Labels

(i) Data Item

The data item required of used oil transporters for the above activities include: 

• Label with the words “Used Oil.”
15

(ii) Respondent Activity

In order to comply with the above requirements, used oil transporters must conduct the 

following activities:

• Affix label with the words “Used Oil.”

E. Tracking

(i) Data Items

The data items required of used oil transporters for the above activities include: 

• Records of each used oil shipment accepted for transport, including the following 

information:

-- The name, address, and EPA identification number (if applicable) of 

the generator, transporter, or processor/re-refiner who provided the used 

oil for transport;

-- The quantity of used oil accepted;

-- The date of acceptance; and

-- The signature, dated upon receipt of the used oil, of a representative of 

the generator, transporter, or processor/re-refiner who provided the used 

oil for transport.

• Records of each used oil shipment sent to another used oil transporter, or to a 

used oil burner, processor/re-refiner, or disposal facility, including the following 

information:

-- The name, address, and EPA identification number (if applicable) of 

the receiving facility or transporter;

-- The quantity of used oil delivered;

-- The date of delivery; and

-- The signature, dated upon receipt of the used oil, of a representative of 

the receiving facility or transporter.

• Records of each used oil shipment exported to any foreign country, including the 

following information:

-- The name, address, and EPA identification number (if applicable) of 

the receiving facility or transporter;

-- The quantity of used oil delivered; and

-- The date of delivery.

(ii) Respondent Activities

In order to comply with the above requirements, used oil transporters must conduct the 

following activities:

• Prepare and maintain, for at least three year, a record of each used oil shipment 

accepted for transport.

• Prepare and maintain, for at least three years, a record of each used oil shipment 

delivered to another used oil transporter, or to a used oil burner, processor/rerefiner, or disposal facility.
16

• Prepare and maintain, for at least three years, a record of each used oil shipment 

exported to any foreign country.

F. Arrangements with State and Local Authorities

(i) Data Items

The data item required of used oil processors and re-refiners for the above activities 

include: 

• Documentation in the operating record of cases in which a State or local authority 

declines to enter into an arrangement with the used oil processor or re-refiner.

(ii) Respondent Activity

In order to comply with the above requirements, used oil processors and re-refiners must 

conduct the following activity:

• Document in the operating record any case in which a State or local authority 

declines to enter into an arrangement.

G. Contingency Plan

(i) Data Item

The data item required of used oil processors and re-refiners for the above activities 

include: 

• A contingency plan that includes the following information:

-- A description of actions that facility personnel must take to comply with 

§§279.52(b)(1) and 279.52(b)(6) in response to fires, explosions, or any 

unplanned sudden or non-sudden release of used oil to air, soil, or

surface water at the facility;

-- A description of arrangements with local police and fire departments, 

hospitals, contractors, and State and local emergency response teams to 

coordinate emergency services, pursuant to §279.52(a)(6);

-- An up-to-date list of names, addresses, and phone numbers of all 

persons qualified to act as emergency coordinator;

-- An up-to-date list of all emergency equipment at the facility, including a 

physical description of each piece of equipment, its location, and its 

capabilities; and

-- An evacuation plan for facility personnel where there is a possibility 

that evacuation could be necessary.

(ii) Respondent Activities

In order to comply with the above requirements, used oil processors and re-refiners must 

conduct the following activities:

• Collect the information necessary to develop the contingency plan;

• Develop and maintain the contingency plan; and

• Submit a copy of the contingency plan to all State and local authorities that may 

be called upon to provide emergency services.
17

• Review and amend the contingency plan, as necessary.

H. Emergency Procedures

(i) Data Items

The data item required of used oil processors and re-refiners for the above activities 

include:

• Notification to the appropriate State and local agencies of an imminent or actual 

emergency situation;

• Notification to the appropriate local authorities, if the hazards assessment 

indicates that evacuation of local areas may be advisable;

• Emergency report to be submitted to either the OSC or the NRC. The report 

must include:

-- Name and telephone number of reporter;

-- Name and address of facility;

-- Time and type of incident (e.g., release, fire);

-- Name and quantity of material(s) involved, to the extent known;

-- The extent of injuries, if any; and

-- The possible hazards to human health, or the environment, outside the 

facility.

• After an emergency situation, notification to EPA and State and local authorities 

that the facility is in compliance with §§279.52(b)(6)(viii)(A) and (B);

• Documentation of the emergency incident in the operating record; and

• A written report on the emergency incident.

(ii) Respondent Activities

In order to comply with the above requirements, used oil processors and re-refiners must 

conduct the following activities:

• Notify the appropriate State and local agencies of an imminent or actual 

emergency situation;

• Collect information required for an emergency report;

• Notify the appropriate local authorities, if the hazards assessment indicates that 

evacuation of local areas may be advisable;

• Submit an emergency report to either the OSC or the NRC;

• Compile information that demonstrates that the facility is in compliance with the 

waste compatibility and emergency equipment requirements in 

§§279.52(b)(6)(viii)(A) and (B);

• Prepare and submit notification demonstrating compliance to EPA and local 

authorities;

• Note in the operating record the time, date, and details of the emergency 

incident;
18

• Collect information required in the written report on the emergency incident; and

• Prepare and submit to EPA the written report on the emergency incident, within 

15 days after the emergency incident.

I. Closure of Aboveground Tanks

(i) Data Item

The data item required of used oil processors and re-refiners for the above activities 

include:

• A demonstration upon closure of a tank system that not all contaminated soils 

can be practicably removed or decontaminated as required by 279.54(h)(1)(i).

(ii) Respondent Activities

In order to comply with the above requirements, used oil processors and re-refiners must 

conduct the following activities:

• Prepare and submit to EPA a demonstration demonstrating that not all 

contaminated soils can be practicably removed or decontaminated as required by 

§279.54(h)(1)(i), if applicable.

J. Analysis Plan

(i) Data Items

The data items required of used oil processors and re-refiners for the above activities 

include:

• A written analysis plan for the rebuttable presumption for used oil in §279.53. At 

a minimum, the plan must specify the following: 

-- Whether sample analyses or knowledge of the halogen content of the 

used oil will be used to make this determination;

-- If sample analyses are used to make this determination:

< The sampling method used to obtain representative samples to 

be analyzed;

< The frequency of sampling to be performed, and whether the 

analysis will be performed on site or off site; 

< The methods used to analyze used oil for the parameters 

specified in §279.53;

-- The type of information that will be used to determine the halogen 

content of the used oil.

• A written analysis plan for on-specification used oil fuel in §279.72. At a 

minimum, the plan must specify the following if §279.72 is applicable: 

-- Whether sample analyses or other information will be used to make 

this determination;

-- If sample analyses are used to make this determination:

< The sampling method used to obtain representative samples to 

be analyzed;
19

< Whether used oil will be sampled and analyzed prior to or after 

any processing/re-refining;

< The frequency of sampling to be performed, and whether the 

analysis will be performed on site or off site;

< The methods used to analyze used oil for the parameters 

specified in §279.72;

--The type of information that will be used to make the on-specification 

used oil fuel determination.

(ii) Respondent Activities

In order to provide the data items listed above, processors and re-refiners must perform 

the following activities:

• Develop a written analysis plan describing the procedures that will be used to 

comply with the analysis requirements of §279.53 and, if applicable, §279.72; 

• Follow the analysis plan; and 

• Maintain the analysis plan at the facility.

K. Operating Record

(i) Data Items

The data items required of used oil processors and re-refiners for the above activities 

include:

• A written operating record at the facility that includes the following information:

-- Records and results of used oil analyses performed as described in 

the analysis plan required under §279.55; and

-- Summary reports and details of all incidents that require 

implementation of the contingency plan as specified in §279.52(b).

(ii) Respondent Activity

In order to comply with the above requirements, used oil processors and re-refiners must 

conduct the following activity:

• As information becomes available, record in the operating record the results of 

used oil analyses performed as described in the analysis plan required under 

§279.55 and summary reports and details of all emergency incidents as specified 

in §279.52(b).

L. Reporting

(i) Data Items

The data items required of used oil processors and re-refiners for the above activities 

include:

• A letter containing the following information:

-- The EPA identification number, name, and address of the processor or 

re-refiner;

-- The calendar year covered by the report; and
20

-- The quantities of used oil accepted for processing/re-refining and the 

manner in which the used oil is processed/re-refined, including the 

specific processes employed.

(ii) Respondent Activities

In order to comply with the above requirements, used oil processors and re-refiners must 

conduct the following activity:

• Prepare and submit to EPA a biennial report (by March 1 of each even numbered 

year) concerning used oil activities during the previous calendar year.

M. Notices

(i) Data Item

The data item required of used oil burners for the above activities include: 

• A one-time written and signed notice certifying that:

-- The burner has notified EPA of his location and has provided a general 

description of his used oil management activities; and

-- The burner will burn the used oil only in an industrial furnace or boiler 

identified in §279.61(a).

(ii) Respondent Activities

In order to comply with the above requirements, used oil burners must conduct the 

following activities:

• Provide a one-time written and signed certification to each generator, transporter, 

or processor/refiner who ships used oil to the burner; and

• Maintain the certification for three years after the date the burner last receives a 

used oil shipment from that generator, transporter, or processor/re-refiner.

N. Analysis of On-specification Used Oil Fuel

(i) Data Items

The data item required of used oil marketers for the above activities include: 

• Records of analyses performed or copies of analyses or other information 

documenting that the used oil fuel meets the specifications under §279.11.

(ii) Respondent Activities

In order to comply with the above requirements, used oil marketers must conduct the 

following activities:

• Perform used oil analyses or obtain copies of analyses or other information 

documenting that the used oil fuel meets the specifications under §279.11; and

• Retain copies of analyses or other information used to make the on-specification 

used oil fuel determination for three years.
21

O. State Programs

(i) Data Items

The data item required of States for the above activities include: 

• A petition demonstrating the following:

-- The State has a program in place to prevent the use of used 

oil/hazardous waste mixtures or used oil exhibiting a characteristic other 

than ignitability as a dust suppressant; and

-- The program would minimize the impacts of use of dust suppressant 

on the environment.

(ii) Respondent Activities

In order to comply with the above requirements, States must conduct the following 

activities:

• Prepare and submit to EPA a petition to allow the use of used oil as a dust 

suppressant.

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND 

INFORMATION MANAGEMENT

5(a) Agency (or Authorized State) Activities

Universal Waste

For the Universal Waste requirements, most information required of Universal Waste 

handlers is maintained in records and therefore is not formally submitted to EPA. For the 

information that is submitted, the Agency: reviews and files notifications of Universal Waste 

management; sends an EPA identification number to Universal Waste handlers who wish to 

exceed the 5,000 kilogram limit on accumulation; enters notification information into a database; 

reviews and files notices of rejected or illegal waste shipments; review petitions supporting 

regulation of a waste or category of waste under the Part 273 Universal Waste regulations; 

prepares and sends a written decision to the petitioner; and compiles and files all information on 

the petition.

Mixed Waste

For Mixed Waste exemptions, EPA reviews notifications of intent to claim an exemption, 

reviews the written notification of exemption loss, reviews the oral and written follow up notice if 

the failure endangers human health or the environment; and reviews notices reclaiming an 

exemption. 

Used Oil

(a) Notification

Agency activities associated with the requirement for used oil transporters and transfer 

facilities to obtain an EPA identification number include:

• Reviewing the completed application;

• Entering information into the RCRAInfo system;
22

• Generating an EPA identification number; and 

• Sending the EPA identification number to the used oil handler.

(b) Rebuttable Presumption for Used Oil

Agency activities associated with the demonstration under section 279.44 that used oil 

containing greater than or equal to 1,000 ppm total halogens does not contain hazardous waste 

may include:

• Reviewing the demonstration; and 

• Entering information into a database.

(c) Emergency Procedures

Agency activities associated with the emergency procedures in section 279.52(b)(6) 

include:

• Reviewing information in notification letters demonstrating that the facility is in 

compliance with the waste compatibility and emergency equipment requirements 

in §§279.52(b)(6)(viii)(A) and (B); and 

• Reviewing information in written reports on emergency incidents.

(d) Closure of Aboveground Tanks

Agency activities associated with the closure of above ground tanks under section 

279.54(h)(1) include:

• Reviewing information submitted by used oil processors/re-refiners 

demonstrating that not all contaminated soils can be practicable removed or 

decontaminated as required by section 279.54(h)(1)(i); and 

• Entering information into a database.

(e) Reporting

Agency activities associated with the reporting requirements under section 279.57(b) 

include:

• Reviewing biennial reports concerning used oil activities conducted at 

processing/re-refining facilities.

(f) State Programs

Agency activities associated with the information collection requirements under section 

279.82(b) include:

• Reviewing and approving/denying petitions submitted by State programs.

5(b) Collection Methodology and Management

For the Universal Wastes requirements, most information can be maintained in facility records 

rather than in submittals to EPA. For the information that must be submitted, EPA ensures the accuracy 
23

and completeness of the collected information by reviewing each submittal. EPA enters information into a 

database and aggregates data to monitor the Universal Waste program.

For the Mixed Waste exemptions, the reporting requirements are not intended to provide EPA 

with data it will use for research; rather, they are intended to serve as tools by which the Agency and 

respondents can monitor compliance and assure that the conditions of the exemption are met. EPA only 

reviews notifications submitted by respondents and, if necessary, notify them of any actions taken by the 

Agency or required of the respondent.

For Used Oil, in collecting and analyzing the information required under the part 279 

requirements, EPA uses equipment such as personal computers and applicable data base software, 

when appropriate. EPA will ensure the accuracy and completeness of the collected information by 

reviewing each submittal. EPA will enter the information obtained into a database, as appropriate

aggregate data to monitor the used oil management program. 

5(c) Small Entity Flexibility

For the Universal Waste requirements, EPA exempted SQHUWs from several administrative 

requirements. For example, EPA does not require SQHUWs to submit notifications of Universal Waste 

management, or to obtain an EPA identification number. EPA also does not require SQHUWs to track 

(keep records of) their Universal Waste shipments. EPA believes these exemptions encourage small 

businesses to safely manage Universal Waste in compliance with Part 273. In addition, EPA allows 

Universal Waste generators to count their monthly generation of Universal Wastes separately from their 

other hazardous wastes in determining their regulated status under 40 CFR 261.5. Generators who 

generate 100 kilograms of Universal Waste or less in a calendar month may comply with the Universal 

Waste regulations or the exemption in section 261.5.

For the Mixed Waste exemptions, the information collection requirements do not adversely impact 

small entities. The exemptions are self-implementing and intended to provide regulatory relief. Facilities 

would not claim the exemption for the waste unless, by doing so, they expect to save time and/or money. 

Additionally, these requirements apply equally to small and large entities and will not impose a 

disproportionate burden on either.

For Used Oil, in promulgating the used oil management regulations covered in this ICR, EPA 

considered the reporting and recordkeeping burden for small businesses. The regulations in part 279 

allow used oil handlers to maintain most information in facility records rather than in submittals to EPA, 

thus reducing time and costs for providing information. In addition, the used oil management system is a 

regulatory relief initiative that should reduce regulatory burden and costs for all used oil handlers, but 

should particularly benefit small entities.

5(d) Collection Schedule

For the Universal Waste requirements, EPA expects LQHUWs to submit notifications of Universal 

Waste management before they meet or exceed the 5,000 kilogram accumulation limit. EPA expects any 

Universal Waste handler to notify EPA if it receives an illegal shipment of waste. EPA expects to receive 

petitions under sections 273.80 and 273.81 if and when an organization believes that a waste or category 

of waste should be subject to the Part 273 Universal Waste regulations rather than full Subtitle C 

requirements.

For the Mixed Waste exemptions, respondents wishing to claim a storage or treatment exemption 

for their LLMW must do so within 90 days of the date on which the unit is first used to store conditionally 

exempt LLMW. If a facility fails to meet any of the conditions specified in section 266.230, the facility 

must report to EPA or the Authorized State and the NRC or the oversight agency in the NRC Agreement 

State in writing by certified delivery within 30 days of learning of the failure, as required by section 

266.240(a)(1). If the failure to meet any of the conditions may endanger human health or the 
24

environment, the facility must notify EPA or the Authorized State orally (within 24 hours) and follow up 

with written notification within five days, as required by section 266.240(a)(2). Respondents wishing to 

claim a transportation and disposal exemption may do so any time they generate a waste stream that 

meets the conditions of the exemption. They must submit a notification to EPA or the Authorized State 

prior to the initial shipment claiming the exemption. In addition, for wastes that no longer meet the 

conditions for exemption, a respondent has 30 days after learning of the failure to submit a notification, as 

required by section 266.355(a)(1). If the failure to meet any of the conditions may endanger human 

health or the environment, the facility must also immediately notify EPA or the Authorized State orally 

within 24 hours and follow up with a notification within five days, as required by section 266.355(a)(2).

For Used Oil, EPA collects information under the part 279 regulations on a one-time or as-needed 

basis (e.g., notifications, demonstrations). However, in the event that a release, fire, or explosion occurs, 

used oil processors/re-refiners must inform EPA and appropriate State and local authorities that the 

facility is in compliance with the waste compatibility and emergency equipment requirements in section 

279.52(b)(6) before operations are resumed. Within 15 days after the incident, processors/re-refiners 

must submit a written report on the incident to EPA, as required by sections 279.52(b)(6)(ix). In addition, 

under section 279.57(b), processors/re-refiners are required to report to EPA, in the form of a letter, on a 

biennial basis (by March 1 of each even numbered year), specified information concerning used oil 

activities during the previous calendar year.

6. ESTIMATING THE BURDEN AND COST OF COLLECTION 

6(a) Estimating Respondent Burden

The respondent burden estimates for this information collection are presented in Exhibits 1

through 10. The exhibits estimate the number of hours required to conduct each individual information 

collection activity and the cost associated with that activity. The exhibits also show the total annual 

burden and costs for conducting all of the activities.

6(b) Estimating Respondent Costs

For purposes of this analysis, EPA estimates an average hourly respondent labor cost (including 

fringe and overhead) of $81.13 for legal staff, $65.61 for managerial staff, $36.34 for technical staff, and 

$17.99 for clerical staff. These respondent labor costs were generated from data obtained from the US 

Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) for May 2006 National 

Occupational Employment and Wage Estimates (averages across all NAICS codes): 

http://www.bls.gov/oes/current/oes_nat.htm.

Loaded wage rates estimated by multiplying the BLS unloaded wage rates by 1.4845, which 

represents addition of two cost factors (i.e., Federal government civilian wage full fringe benefit cost factor 

of 36.45%, plus 12% overhead cost factors) from Figure C1 of the 29 May 2003 OMB Circular A-76: 

Performance of Commercial Activities: 

http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html.

6(c)(1) Estimating Federal Agency Burden and Costs

EPA estimates an average hourly respondent labor cost (including overhead) of $83.28/hr for 

legal staff, $70.01/hr for managerial staff, $29.42/hr for technical staff, and $23.50/hr for clerical staff. 

To derive these hourly estimates, EPA referred to the US Bureau of Labor Statistics (BLS) 

Occupational Employment Statistics (OES) for May 2006 at: 

http://www.bls.gov/oes/current/naics4_999100.htm

The loaded wage rates above were calculated by multiplying the BLS unloaded wage rates by 

1.4845, which represents addition of two cost factors (i.e., civilian position full fringe benefit cost factor of 

36.45%, plus 12% overhead cost factor) from Figure C1 of OMB Circular A-76 to be used to reflect the full 

cost of government employees: 
25

http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html.

Only 6% of the burden and costs associated with this ICR are Federal Agency burden, the rest is 

administered by U.S. States and Territories.

6(c)(2) Estimating State Agency Burden and Costs

The State Agency burden associated with this information collection are presented in Exhibits 11 

through 13. State Agencies are responsible for 94% of the administering of the programs covered by this 

ICR. EPA estimates an average hourly labor cost of $55.65 for legal staff, $52.24 for managerial staff, 

$31.26 for technical staff, and $19.94 for clerical staff. 

These State government employee unloaded average (mean) wage rates were generated from 

the US Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) for May 2006 at: 

http://www.bls.gov/oes/current/naics4_999200.htm. 

OMB does not publish a state government wage rate loading cost factor; thus the same OMB 

cost factor for Federal government labor is applied in this table above. The loaded wage rates above 

were calculated by multiplying the BLS unloaded wage rates by 1.4845, which represents addition of two 

cost factors (i.e., civilian position full fringe benefit cost factor of 36.45%, plus 12% overhead cost factor) 

from Figure C1 of OMB Circular A-76 to be used to reflect the full cost of government employees: 

http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html.

6(d)(1) Estimating the Respondent Universe for Universal Waste

The Universal Waste management system covers handlers of hazardous waste batteries, 

pesticides, mercury-containing equipment, and lamps. Hazardous waste batteries consist of sealed 

nickel-cadmium (n-c) batteries, vented n-c batteries, and mercuric oxide batteries. Hazardous waste 

pesticides consist of pesticides that are recalled by a manufacturer, and unused pesticides that are 

collected and managed as part of a waste pesticide collection and disposal program administered or 

recognized by a state. Hazardous waste mercury-containing equipment consists of thermostats, 

barometers, manometers, and mercury switches such as light switches in automobiles. Hazardous waste 

lamps consist of the bulb or tube portion of an electric lighting device, such as fluorescent, high intensity 

discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps. 

A. Reading the Regulations

EPA expects that all Universal Waste handlers and destination facilities will spend 0.5 hours each 

year reading the applicable regulations. 

B. Notification

All LQHUWs are required to send to EPA a written notification of Universal Waste management 

under section 273.32. However, the following LQHUWs do not need to notify: (1) a LQHUW that 

has already notified EPA of its hazardous waste activities and received an EPA Identification 

Number; and (2) a LQHUW of exclusively recalled Universal Waste pesticides that has sent 

notification to EPA required under FIFRA section 19(b) and 6(b). EPA estimates that 20 percent 

of LQHUWs need to notify EPA of their activities each year.

C. Labeling/Marking

All SQHUWs and LQHUWs must label or mark their Universal Waste for identification purposes. 

EPA expects that all SQHUWs and LQHUWs label or mark containers, tanks, and transport 

vehicles used to store Universal Waste. Handlers are not expected to mark each individual piece 

of Universal Waste but rather accumulate them in clearly marked containers and vehicles, thus 

minimizing the recordkeeping burden.
26

D. Storage Time Limits

EPA expects all handlers subject to the Universal Waste management system to keep records 

under sections 273.15 and 273.35 that demonstrate how long their waste has been stored. EPA 

estimates that 80 percent of handlers make this demonstration by labeling storage containers or 

storage areas with the earliest date that Universal Waste became a waste or was received. EPA 

estimates that the other 20 percent of facilities use a standard business practice to account for 

storage time; these facilities therefore are not burdened in this ICR.

E. Off-Site Shipments

All SQHUWs, LQHUWs, and destination facilities are required to notify an originating handler if a 

Universal Waste shipment is rejected. (See Table 3 for the estimated number of total shipments 

sent and received by Universal Waste handlers.) EPA estimates that 0.5 percent of all shipments 

received by SQHUWs, LQHUWs, and destination facilities are rejected. 

All SQHUWs, LQHUWs, and destination facilities also are required to notify EPA if they receive a 

shipment containing hazardous waste that is not a Universal Waste. EPA estimates that 0.25 

percent of all shipments received are illegal shipments. 

F. Responses

Responses are calculated from the number of shipments shipped and received.

Table 1

Estimated Annual Number of Universal Waste Shipments and Responses

Facility Type Number Shipments per 

Handler

Number of 

Shipments

Number of 

Responses

SQHUWs 120,231 1 120,231 120,231

LQHUWs 1,326 2 2,652 2,652

Destination Facilities 60 3 180 180

Total 121,617 n/a 123,063 123,063

G. Tracking Shipments

Table 1 presents the estimated number of Universal Waste shipments each year. LQHUWs and 

destination facilities are required under sections 273.39(a) and 273.62(a) to keep records of each 

shipment of Universal Waste received. EPA estimates that 75 percent of all Universal Waste 

shipments are received by destination facilities, with the remaining 25 percent received by 

LQHUWs for consolidation and eventual shipment. 

LQHUWs also are required under section 273.39(b) to keep records of each Universal Waste 

shipment sent off-site to another facility. 

H. Petitions to Include Other Wastes under 40 CFR Part 273
27

EPA expects that each year, one organization will prepare and submit a petition supporting 

regulation under Part 273 for a waste or waste category.

All the respondent burden associated with the Universal Waste requirements is summarized in Exhibit 2.

6(d)(2) Estimating the Respondent Universe for Mixed Waste

A. Storage and Treatment Conditional Exemption

EPA estimates that approximately 27 sites will read the regulations for the Storage and Treatment 

Conditional Exemption annually and that they will spend approximately 3 hours per year reading 

the regulations. 

The conditions in section 266.230 include preparing and submitting a notification to EPA or the 

Authorized State claiming the exemption and preparing a certification that all facility personnel 

have been appropriately trained. According to the 2001 Hazardous Waste Report Cycle, there 

were 83 handlers who claimed to have generated mixed waste. Over the three-year period of this 

ICR, an estimated 27 sites (83 sites / 3 years = 27 sites) will perform these activities each year. 

(Note that EPA expects that facilities claiming the exemption for more than one storage unit 

would submit a single notification for all units, as opposed to a separate notification for each unit.)

In addition, these facilities must also inventory their conditionally exempt LLMW at least annually, 

inspect the conditionally exempt LLMW at least quarterly (83 sites * 4 inspections = 332 

inspections annually), and document the findings of these efforts. Finally, they must maintain, on 

site, a copy of an emergency plan and provide it to local authorities. Note that licensees are 

already subject to existing inspection, inventory, and emergency preparedness and contingency 

planning requirements under the NRC regulations. EPA therefore does not expect licensees to 

see much additional incremental burden from the storage exemption for these activities

Licensees would lose the exemption if their LLMW failed to satisfy any of the conditions listed at 

section 266.230. Based on its best judgment, EPA estimates that, each year, five percent of 

licensees (83 sites * 0.05 = 4 sites) would need to report to EPA or the Authorized State their 

failure to meet a condition. Of these, an estimated one percent (4 sites * 0.01 = 0 sites) would 

need to telephone EPA and follow up with a written report, informing the Agency of a threat to 

human health or the environment.

Licensees that lose the exemption for their LLMW must notify EPA or the Authorized State to 

reclaim the exemption. EPA estimates that all of the licensees losing the exemption each year (4 

sites) will provide notice to EPA or the Authorized State that they are reclaiming the exemption. 

These assumptions are reflected in Exhibit 3.

B. Transportation and Disposal Conditional Exemption

EPA estimates that approximately 17sites will read the Transportation and Disposal Conditional 

Exemption regulations annually and that they will spend approximately 3 hours per year reading 

the regulations.

Based on an analysis of the National Profile on Commercially Generated Low-Level Radioactive 

Mixed Waste (National Profile),1EPA estimates that about 46 licensed nuclear power reactors in 

the U.S. generate listed LLMW and would treat it on site and claim the disposal exemption. EPA 

also estimates that four commercial mixed waste treatment facilities would claim the disposal 

1

Klein, J.A., J.E. Mrochek, R.L. Jolley, I.W. Osborne-Lee, A.A. Francis and T. Wright, National Profile on 

Commercially Generated Low-Level Radioactive Mixed Waste, Oak Ridge Laboratory, prepared for the U.S. Nuclear 

Regulatory Commission and the U.S. Environmental Protection Agency, December 1992.
28

exemption for their treated eligible mixed waste.2In total, EPA estimates that about 50 licensees 

would claim the disposal exemption. Each of these licensees is expected to read the regulations 

once over the three-year life of this ICR (50 sites / 3 years = 17 sites/yr).

For the purposes of this analysis, EPA assumes that no other licensee generators would claim 

the exemption. Rather, these licensees would send their eligible waste to a commercial mixed 

waste treater in compliance with the full RCRA regulations, as applicable

As required by section 266.345(a), licensees must submit a one-time notice to EPA or the 

Authorized State stating that they are claiming the exemption prior to the initial shipment of an 

exempted waste to the LLRWDF. This ICR estimates that 17 licensees will submit a notification 

to EPA or the Authorized State each year (50 sites / 3 years = 17 sites/yr). 

Further, licensees must also submit a notification to the LLRWDF prior to each shipment of 

exempted waste. Based on its best professional judgment, EPA assumes that each of the 46 

nuclear power reactors qualifies as a RCRA large quantity generator (i.e., for their eligible mixed 

waste and other hazardous wastes generated). EPA estimates these reactors would send, on 

average, four shipments of exempted waste offsite each year (i.e., once every 90 days). In total, 

EPA estimates these nuclear reactors would make about 184 shipments in total each year. In 

addition, EPA estimates that the four commercial mixed waste treatment facilities will each send 

one shipment of exempted waste to the LLRWDF each year (4 shipments/yr). That is, EPA 

expects these facilities to store their treated waste on site during the year in order to minimize the 

number of shipments to the LLRWDF. In total, EPA estimates that these generator and treater 

licensees would make 188 shipments of exempted waste annually and that they would therefore 

need to prepare and submit 188 notifications to LLRWDFs annually.

Note that once the eligible mixed waste is placed on the truck en route to the LLRWDF, it exits 

RCRA Subtitle C regulation. The licensees need not prepare a RCRA manifest for the shipment; 

however, they must transmit the NRC Uniform LLW Manifest (not burdened in this ICR).

Any waste will automatically lose its exemption if it is not managed in accordance with all of the 

applicable conditions specified in section 266.315. EPA or the Authorized State may conduct 

inspections and audits of the generator of the waste and any other person claiming the 

exemption. If the claimant fails to satisfy any of the specified conditions, the conditional 

exemption would be void. The claimant must notify EPA or the Authorized State of the failure 

within 30 days from the date when the failure becomes known. Based on its best professional 

judgment, EPA estimates that, each year, about five percent of licensees (50 sites * 0.05 = 3 

sites) would submit this notification. Of these, an estimated one percent (3 sites*0.01 = 0 sites) 

would need to telephone EPA or the Authorized State and follow up with a report because the 

failure threatens human health or the environment.

Licensees may regain the exempt status for their eligible waste, as provided by section 266.360. 

Licensees must notify EPA or the Authorized State that they are re-claiming the exemption. EPA 

estimates that all of the licensees that lose an exemption (3 sites annually) would apply to have

their exemption reinstated.

Licensees claiming the exemption must maintain records as specified at section 266.350 (e.g., 

copy of notifications, return receipts). EPA estimates that each of the 50 licensees claiming the 

exemption would need to keep and update these records annually.

All the respondent burden associated with Mixed Waste exemptions is summarized in Exhibit 4.

2

The four treatment facilities include Envirocare of Utah, DSSI, NSSI, and Perma-Fix Environmental 

Services. See EPA=s web site, www.epa.gov/radiation/mixed-waste, for a description of these facilities.
29

6(d)(3) Estimating the Respondent Universe for Used Oil

Based on an analysis of readily available data, EPA estimates that 379 used oil transporters and 

transfer facilities will be subject to the information collection requirements in part 279, subpart E during 

the three-year period of this ICR.

In addition, based on previous consultations with industry representatives, EPA estimates that 

150 used oil processors/re-refiners, on average, will be subject to the information collection requirements 

in part 279, subpart F during the three-year period of this ICR. EPA also estimates that 750 used oil 

burners will be subject to the information collection requirements in part 279, subpart G.

EPA further estimates that 340 used oil fuel marketers are subject to the information collection 

requirements in part 279, subpart H.

Table 2 shows the estimated number of used oil handlers subject to the information collection 

requirements covered in this ICR.

Table 2

Number of Respondents Subject to the Used Oil Requirements

Type of Respondent Number of Respondents

Used oil transporters and transfer facilities 379

Used oil processors and re-refiners 150

Burners of off-specification used oil 750

Used oil fuel marketers 340

Total 1,619

All the respondent burden associated with the Used Oil Management Standards is summarized in Exhibit 

10.

6(e) Bottom Line Burden Hours and Costs

(i) Respondent Tally

Table 3 summarizes all the annual respondent burden in hours and cost for this ICR. 
30

Table 3

Summary of Annual Respondent Bottom Line Hours and Costs

Universal 

Waste

Mixed 

Waste

Used Oil Total

Number of respondents 121,617 44 1,619 123,280

Total annual responses 123,063 948 1,619 125,630

Total annual hours for reporting 175,948 347 442,073 618,368

Total annual hours for recordkeeping 12,426 133 18,213 30,772

Total annualized capital/startup costs $1,665 $0 $0 $1,665

Total annual O&M costs $483 $966 $10,001,301 $10,002,750

(ii) State Agency Tally

Exhibits 11 through 13 show the calculations for the total annual State Agency burden and costs 

associated with this ICR. For the Universal Waste requirements, EPA estimates an annual State Agency 

burden of 1,672 hours and a cost of $73,189. For the Mixed Waste exemptions, EPA estimates an 

annual State Agency burden of 19 hours and a cost of $568. For the Used Oil Management Standards, 

EPA estimates an annual State Agency burden of 304 hours and a cost of $9,509. The total annual State 

Agency burden for this ICR is therefore 1,995 hours and $83,266.

(iii) Federal Tally

Most States have assumed the programs covered by this ICR, however, there are 6% of the total 

universe is still administered by EPA Regions. The total burden to the Federal government is estimated 

at $4,000.

6(f) Reasons for Change in Burden

The total annual hourly burden of this ICR is estimated to be 649,140 hours. This represents a 

455,906 increase over the currently approved hourly burden. This increase is due to the consolidation of 

this ICR with the Used Oil Management Standards Recordkeeping and Reporting Requirements ICR. In 

addition, the 2005 final rule on Mercury-Containing Equipment also increased the burden for the 

Universal Waste portion of this ICR. There is an increase of $10,000,415 in annualized capital/start-up 

and operations and maintenance costs.

6(g) Burden Statement

The annual public reporting burden for this collection of information is estimated to average 4.9 

hours per response. The total public recordkeeping burden for the Universal Waste requirements is 

estimated to average 0.2 hours per response. 

Burden means the total time, effort, and financial resources expended by persons to generate, 

maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed 
31

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. EPA-HQRCRA-2007-0022, which is available for online viewing at www.regulations.gov, or in person viewing at 

the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., 

NW, Washington, DC. The EPA/DC Public Reading Room is open from 8 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 RCRA Docket is (202)566-0270. 

Use www.regulations.gov to obtain a copy of the draft collection of information, submit or view 

public comments, access the index listing of the contents of the 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 in this document. 
32

EXHIBIT 1

REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTE HANDLERS AND DESTINATION FACILITIES 

ANNUAL ESTIMATED RESPONDENT BURDEN AND COST

Hours and Costs Per Respondent Per Activity Total Hours and Costs

O&M Costs

Postage/ Cost per Number of

Legal Manager Technical Clerical Shipping Respondent Respondents Total Hours Total Cost

@ $81.13/hr @ $65.61/hr @ $36.34/hr @ $17.99/hr @ $0.41/doc or Activity or Activities per Year per Year

READING THE REGULATIONS

Read the Universal Waste Regulations

SQHUWs 0.10 0.17 0.25 0.00 $0.00 $28.35 120,231 62,520 $3,408,549

LQHUWs

0.10 0.17 0.25 0.00 $0.00 $28.35 1,326 690 $37,592

Destination facilities 0.10 0.17 0.25 0.00 $0.00 $28.35 58 30 $1,644

SUBTOTAL 0.10 0.17 0.25 0.00 $0.00 $28.35 121,615 63,240 $3,447,785

NOTIFICATION (273.32)

Prepare written notification of universal waste management

LQHUWs 0.00 1.00 0.50 0.75 $0.00 $97.27 265 596 $25,777

Submit written notification of universal waste management

LQHUWs

0.00 0.00 0.00 0.16 $0.41 $3.29 265 42 $872

SUBTOTAL 0.00 1.00 0.50 0.91 $0.41 $100.56 265 638 $26,649

LABELING/MARKING (273.14 and 273.34)

Label or mark the universal waste or storage container to identify the type of universal waste

SQHUWs

0.00 0.00 0.25 0.25 $0.00 $13.58 120,231 60,116 $1,632,737

LQHUWs

0.00 0.00 0.50 0.50 $0.00 $27.17 1,326 1,326 $36,027

SUBTOTAL 0.00 0.00 varies varies $0.00 varies varies 61,442 $1,668,764

STORAGE TIME LIMITS(273.15 and 273.35)

Mark or label storage container or area used to store universal waste with the date the waste was received or became a waste

SQHUWs 0.00 0.00 0.25 0.25 $0.00 $13.58 96,185 48,093 $1,306,192

LQHUWs

0.00 0.00 0.50 0.50 $0.00 $27.17 1,061 1,061 $28,827

SUBTOTAL 0.00 0.00 varies varies $0.00 varies varies 49,154 $1,335,019

OFF-SITE SHIPMENTS (273.18,273.36, and 273.61)

Prepare notice to originating handler of rejection of universal waste shipment

SQHUWs and LQHUWs 0.00 0.25 0.25 0.15 $0.00 $28.19 152 99 $4,285

Destination Facilities 0.00 0.25 0.25 0.15 $0.00 $28.19 456 296 $12,855

Submit notice to originating handler of rejection of universal waste shipment

SQHUWs and LQHUWs 0.00 0.00 0.00 0.16 $0.41 $3.29 152 24 $500

Destination Facilities 0.00 0.00 0.00 0.16 $0.41 $3.29 456 73 $1,500

Prepare notice to EPA of illegal waste shipments

SQHUWs and LQHUWs 1.00 0.50 0.50 0.25 $0.00 $136.60 76 171 $10,382

Destination Facilities 1.00 0.50 0.50 0.25 $0.00 $136.60 228 513 $31,145

Submit notice to EPA of illegal waste shipments

SQHUWs and LQHUWs 0.00 0.00 0.00 0.16 $0.41 $3.29 76 12 $250

Destination Facilities 0.00 0.00 0.00 0.16 $0.41 $3.29 228 36 $750

SUBTOTAL varies varies varies varies varies varies varies 1,224 $61,667
33

EXHIBIT 2

REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTE

HANDLERS AND DESTINATION FACILITIES

ANNUAL RESPONDENT BURDEN AND COST SUMMARY

Respondent Type Total Hours Labor Costs Capital Costs O&M Costs Total Costs

SQHUWs 171,032 $6,362,634.36 --- $92.46 $6,362,726.82

LQHUWs 7,023 $188,654.51 --- $109.67 $188,764.18

Destination Facilities 10,069 $211,793.56 --- $280.44 $212,074.00

Petitioners 250 $11,051.59 --- $0.41 $11,052.00

Capital Costs --- --- $1,664.77 --- $1,664.77

TOTAL 188,374 $6,774,134.02 $1,664.77 $482.98 $6,776,281.77

EXHIBIT 1 (con't)

REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTE HANDLERS AND DESTINATION FACILITIES 

ANNUAL ESTIMATED RESPONDENT BURDEN AND COST

Hours and Costs Per Respondent Per Activity Total Hours and Costs

O&M Costs

Postage/ Cost per Number of

Legal Manager Technical Clerical Shipping Respondent Respondents Total Hours Total Cost

@ $81.13/hr @ $65.61/hr @ $36.34/hr @ $17.99/hr @ $0.41/doc or Activity or Activities per Year per Year

TRACKING UNIVERSAL WASTE SHIPMENTS (273.39 and 273.62)

Keep a record of each shipment of universal waste received

LQHUWs 0.00 0.00 0.00 0.10 $0.00 $1.80 30,404 3,040 $54,727

Destination Facilities 0.00 0.00 0.00 0.10 $0.00 $1.80 91,211 9,121 $164,180

Keep a record of each shipment of universal waste sent to other facilities

LQHUWs 0.00 0.00 0.00 0.10 $0.00 $1.80 2,652 265 $4,774

SUBTOTAL 0.00 0.00 0.00 0.10 $0.00 varies varies 12,426 $223,681

PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273 (273.80 and 278.81)

Prepare a petition supporting regulation under Part 273 for a waste 

or waste category 30.00 40.00 150.00 30.00 $0.00 $11,049.00 1 250 $11,049

Submit a petition supporting regulation under Part 273 for a waste 

or waste category

0.00 0.00 0.00 0.16 $0.41 $3.29 1

0.16 $3

SUBTOTAL 30.00 40.00 150.00 30.16 $0.41 $11,052.29 1 250 $11,052

TOTAL varies varies varies varies varies varies varies 188,374 $6,774,617
34

EXHIBIT 3

CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSAL

ESTIMATED ANNUAL RESPONDENT BURDEN AND COST

STORAGE AND TREATMENT CONDITIONAL EXEMPTION

Total Hours and Costs

$ 81.13 $ 65.61 $ 36.34 $ 17.99

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total

$81.13/ $65.61/ $36.34/ $17.99/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year Year

Reading the Regulations

Read the regulations 0.50 0.50 2.00 - 3.00 $ 146.05 $ - $ - 27 81 $3,943

Storage and Treatment Conditional Exemption and Eligibility

Prepare and submit notification of intent to claim exemption 

(266.230(a)) 0.10 0.25 1.00 0.25 1.60 $ 65.35 $ - $ 3.00 27 43 $1,845

Prepare certification that facility personnel have been 

appropriately trained (266.230(b)(3)) - 0.08 0.17 - 0.25 $ 11.43 $ - $ - 27 7 $309

Inventory conditionally exempt LLMW and record findings 

(annually) (266.230(b)(4)) - - 0.08 - 0.08 $ 2.91 $ - $ - 83 7 $242

Conduct compliance inspections of conditionally exempt LLMW

and record findings (quarterly) (266.230(b)(4)) - - 0.08 - 0.08 $ 2.91 $ - $ - 332 27 $966

Maintain emergency contingency plan on-site and provide it to 

local authorities (266.230(b)(5)) - - - 0.10 0.10 $ 1.80 $ - $ 1.00 83 8 $232

Loss of Conditional Exemption

Prepare and submit written notification of exemption loss 

(266.240(a)(1)) - 0.25 1.50 0.25 2.00 $ 75.41 $ - $ 6.00 4 8 $326

Inform EPA Region or the Authorized State orally of exemption 

loss with a follow-up written notification in cases of 

endangerment to human health or the environment 

(266.240(a)(2)) - 0.25 0.50 - 0.75 $ 34.57 $ - $ 5.00 - - $0

Prepare and submit notice reclaiming the exemption for LLMW

(266.245(a)) - 0.25 4.00 0.75 5.00 $ 175.26 $ - $ 3.00 4 20 $713

Record Keeping

Maintain and update records of notifications, return receipts, 

failure report(s), inventories, inspections, certifications, and 

emergency plans (266.250) - - - 1.00 1.00 $ 17.99 $ - $ 1.00 83 83 $1,576

Subtotal Varies Varies Varies Varies Varies Varies 0 Varies 670 284 $10,152

Hours and Costs Per Respondent Per Activity
35

EXHIBIT 4

CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSAL

ESTIMATED ANNUAL RESPONDENT BURDEN AND COST

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION

Total Hours and Costs

$ 81.13 $ 65.61 $ 36.34 $ 17.99

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total

$81.13/ $65.61/ $36.34/ $17.99/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year Year

Reading the Regulations

Read the regulations 0.50 0.50 2.00 - 3.00 $ 146.05 $ - $ - 17 51 $2,483

Notifications

Prepare and submit notification to EPA or the Authorized State 

(266.345(a)) 0.10 0.25 1.00 0.25 1.60 $ 65.35 $ - $ 3.00 17 27 $1,162

Prepare and submit notification to LLRWDF (prior to each 

shipment of exempted waste) (266.345(b)) - - 0.25 - 0.25 $ 9.09 $ - $ 3.00 188 47 $2,273

Record Keeping

Copy and maintain exemption records (266.350) - - - 1.00 1.00 $ 17.99 $ - $ 1.00 50 50 $950

Loss of Conditional Exemption

Prepare and submit notification of the failure (266.355(a)(1)) 0.10 0.25 1.50 0.25 2.10 $ 83.52 $ - $ 3.00 3 6 $260

Inform EPA Region or the Authorized State orally of exemption 

loss with a follow-up notification in cases of endangerment to 

human health or the environment (266.355(a)(2))

- 0.25 0.50 - 0.75 $ 34.57 $ - $ 5.00 - - $0

Prepare and submit the notice for reinstatement (266.360(a)(2))

- 0.25 4.00 0.75 5.00 $ 175.26 $ - $ 3.00 3 15 $535

Subtotal Varies Varies Varies Varies Varies Varies 0 Varies 278 196 $7,663

Hours and Costs Per Respondent Per Activity

EXHIBIT 5

CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSAL

TOTAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST SUMMARY

Exhibit Title Annual Activities Annual Hourly

Burden

Annual

Labor

Cost

Annual Capital/

Startup Cost

Annual

O&M

Cost

Total

Annual

Cost

Exhibit 3 Storage and Treatment Conditional Exemption 670 284 $9,869 $0 $283 $10,152

Exhibit 4 Transportation and Disposal Conditional Exemption 278 196 $6,980 $0 $683 $7,663

Annual Total 948 480 $16,849 $0 $966 $17,815
36

Exhibit 6

Used Oil Management Standards

Estimated Respondent Hour and Cost Burden

Managerial Technical Clerical

@ $65.61/Hr @ $36.34/Hr @ $17.99/Hr

Read the regulations 2.00 1.50 0.00 3.50 $185.73 $0.00 $0.00 379 1,326.50 $70,391.67

Notify local authorities of the used oil discharge 0.25 1.00 0.00 1.25 $52.74 $0.00 $0.00 4 5.00 $210.96

Determine whether the total halogen content of used oil being 

transported or stored at a transfer facility is above or below 1,000 

ppm 0.00 0.10 0.00 0.10 $3.63 $0.00 $5.70 1,755,907 175,590.70 $16,382,612.31

If the used oil contains greater than or equal to 1,000 ppm total 

halogens, rebut the hazardous waste presumption by demonstrating 

that the used oil does not contain hazardous waste, if desired 1.50 8.00 0.50 10.00 $398.13 $0.00 $0.00 0 0.00 $0.00

Maintain records of analyses conducted or information used to 

demonstrate compliance with the rebuttable presumption for used oil 

for at least three years 0.00 0.00 0.01 0.01 $0.18 $0.00 $0.00 1,755,907 17,559.07 $316,063.26

193,149.77 $16,698,675.57

Prepare and maintain, for at least three years, a record of each used 

oil shipment accepted for transport 0.00 0.03 0.05 0.08 $2.03 $0.00 $0.00 1,516,000 124,312.00 $3,077,480.00

Prepare and maintain, for at least three years, a record of each used 

oil shipment delivered to another used oil transporter, or to a used oil 

burner, processor/re-refiner, or disposal facility 0.00 0.03 0.05 0.08 $2.03 $0.00 $0.00 200,870 16,471.34 $407,766.10

Prepare and maintain, for at least three years, a record of each used 

oil shipment exported to any foreign country 0.00 0.03 0.05 0.08 $2.03 $0.00 $0.00 1,500 123.00 $3,045.00

140,906.34 $3,488,291.10

335,387.61 $20,257,569.30

Total Hours/Year

Reading the Regulations

Used Oil Transporters and Transfer Facilities

Hours and Cost per Respondent Total Hours and Costs

INFORMATION COLLECTION ACTIVITY

Respondent 

Hours Labor Cost

Capital/ Startup 

Costs O&M Costs Total Costs/Year

Number of 

Respondents/ 

Activity

Used Oil Discharges (§279.43(c))

TOTAL

Rebuttable Presumption for Used Oil (§279.44)

Subtotal

Subtotal

Tracking (§279.46)
37

Exhibit 7

Used Oil Management Standards

Estimated Respondent Hour and Cost Burden

Managerial Technical Clerical

@ $65.61/Hr @ $36.34/Hr @ $17.99/Hr

Read the regulations 6.67 6.83 0.00 13.50 $685.82 $0.00 $0.00 150 2,025.00 $102,873.00

Document in the operating record any case in which a State or local 

authority declines to enter into an arrangement 0.25 1.00 0.50 1.75 $61.74 $0.00 $0.00 0 0.00 $0.00

Collect the information necessary to develop the contingency plan 0.00 4.00 0.00 4.00 $145.36 $0.00 $0.00 2 8.00 $290.72

Develop and maintain the contingency plan 0.50 10.00 0.00 10.50 $396.21 $0.00 $0.00 2 21.00 $792.42

Submit a copy of the contingency plan to all State and local 

authorities that may be called upon to provide emergency services 0.00 0.00 0.25 0.25 $4.50 $0.00 $3.95 2 0.50 $16.90

Review and amend the contingency plan, as necessary 2.60 3.20 0.70 6.50 $299.47 $0.00 $0.00 2 13.00 $598.94

42.50 $1,698.98

Notify the appropriate State and local agencies of an imminent or 

actual emergency situation 0.25 0.00 0.00 0.25 $16.40 $0.00 $0.00 2 0.50 $32.80

Collect information necessary for an emergency report 0.00 1.00 0.00 1.00 $36.34 $0.00 $0.00 2 2.00 $72.68

Notify the appropriate local authorities, if the hazards assessment 

indicates that evacuation of local areas may be advisable 0.25 0.00 0.00 0.25 $16.40 $0.00 $0.00 2 0.50 $32.80

Submit an emergency report to either the OSC or the NRC 0.25 0.00 0.00 0.25 $16.40 $0.00 $0.00 2 0.50 $32.80

Compile information that demonstrates that the facility is in 

compliance with §§279.52(b)(6)(viii)(A) and (B) 0.00 1.00 0.00 1.00 $36.34 $0.00 $0.00 2 2.00 $72.68

Prepare and submit notification demonstrating compliance to EPA 

and local authorities 0.25 1.00 0.00 1.25 $52.74 $0.00 $0.37 2 2.50 $106.22

Note in the operating record the time, date, and details of the 

emergency incident 0.00 0.50 0.00 0.50 $18.17 $0.00 $0.00 2 1.00 $36.34

Collect information required in the written report on the emergency 

incident 0.00 1.00 0.50 1.50 $45.34 $0.00 $0.00 2 3.00 $90.68

Prepare and submit to EPA the written report on the emergency 

incident, within 15 days after the emergency incident 0.25 4.00 0.50 4.75 $170.76 $0.00 $3.95 2 9.50 $349.42

21.50 $826.42

Labor Cost

Subtotal

Reading the Regulations

Total Hours/Year Total Costs/Year

Contingency Plan (§279.52(b)(1)-(4))

Emergency Procedures (§279.52(b)(6))

Arrangements with State and Local Authorities (§279.52(a)(6))

Used Oil Processors and Re-Refiners

Number of 

Respondents/ 

INFORMATION COLLECTION ACTIVITY Activity

Respondent 

Hours

Capital/ Startup 

Costs O&M Costs

Subtotal

Hours and Cost per Respondent Total Hours and Costs
38

Exhibit 7 (continued)

Used Oil Management Standards

Estimated Respondent Hour and Cost Burden

Managerial Technical Clerical

@ $65.61/Hr @ $36.34/Hr @ $17.99/Hr

Prepare and submit to EPA a demonstration demonstrating that not 

all contaminated soils can be practicably removed or decontaminated 

as required by §279.54(h)(1)(i), if applicable 2.00 40.00 0.50 42.50 $1,593.82 $0.00 $3.95 1 42.50 $1,597.77

Develop a written analysis plan describing the procedures that will be 

used to comply with the analysis requirements of §279.53 and, if 

applicable, §279.72 0.25 4.00 0.00 4.25 $161.76 $0.00 $0.00 2 8.50 $323.52

Follow the analysis plan 2.38 1.40 1.90 5.68 $241.21 $0.00 $0.00 150 852.00 $36,181.50

Maintain the analysis plan at the facility 0.00 0.00 0.02 0.02 $0.36 $0.00 $0.00 150 3.00 $54.00

863.50 $36,559.02

Prepare and maintain, for at least three year, a record of each used 

oil shipment accepted for processing/re-refining 0.00 0.03 0.06 0.09 $2.17 $0.00 $0.00 187,350 16,861.50 $406,549.50

Prepare and maintain, for at least three years, a record of each used 

oil shipment that is shipped to a used oil burner, processor/re-refiner, 

or disposal facility 0.00 0.03 0.06 0.09 $2.17 $0.00 $0.00 300,000 27,000.00 $651,000.00

43,861.50 $1,057,549.50

As information becomes available, record in the operating record the 

results of used oil analyses performed as described in the analysis 

plan required under §279.55 and summary reports and details of all 

emergency incidents as specified in §279.52(b) 40.25 0.00 30.65 70.90 $3,192.20 $0.00 $0.00 150 10,635.00 $478,830.00

Prepare and submit to EPA a biennial report (by March 1 of each 

even numbered year) concerning used oil activities during the 

previous calendar year 1.35 0.88 2.80 5.03 $170.92 $0.00 $3.95 100 503.00 $17,487.00

57,994.50 $1,697,421.69

Operating Record (§279.57(a))

Reporting (§279.57(b))

Closure of Aboveground Tanks (§279.54(h)(1)(ii))

Tracking (§279.56)

Subtotal

INFORMATION COLLECTION ACTIVITY O&M Costs Total Costs/Year

Analysis Plan (§279.55)

Used Oil Processors and Re-Refiners

Number of 

Respondents/ 

Activity Total Hours/Year

Subtotal

Hours and Cost per Respondent Total Hours and Costs

TOTAL

Respondent 

Hours Labor Cost

Capital/ Startup 

Costs
39

Exhibit 8

Used Oil Management Standards

Estimated Respondent Hour and Cost Burden

Managerial Technical Clerical

@ $65.61/Hr @ $36.34/Hr @ $17.99/Hr

Read the regulations 0.00 13.00 0.00 13.00 $472.42 $0.00 $0.00 750 9,750.00 $354,315.00

Determine whether the total halogen content of used oil managed at 

the facility is above or below 1,000 ppm 0.00 0.10 0.00 0.10 $3.63 $0.00 $5.70 0 0.00 $0.00

If the used oil contains greater than or equal to 1,000 ppm total 

halogens, rebut the hazardous waste presumption by demonstrating 

that the used oil does not contain hazardous waste, if desired 1.50 8.00 0.50 10.00 $398.13 $0.00 $0.00 0 0.00 $0.00

Maintain records of analyses conducted or information used to 

demonstrate compliance with the rebuttable presumption for used oil 

for at least three years 0.00 0.00 0.02 0.02 $0.36 $0.00 $0.00 750 15.00 $270.00

15.00 $270.00

Prepare and maintain, for at least three year, a record of each used 

oil shipment accepted for burning 0.03 0.08 0.03 0.14 $5.42 $0.00 $0.00 13,500 1,890.00 $73,170.00

Provide a one-time written and signed certification to each generator, 

transporter, or processor/refiner who ships used oil to the burner 0.10 0.00 0.00 0.10 $6.56 $0.00 $0.37 750 75.00 $5,197.50

Maintain the certification for three years after the date the burner last 

receives a used oil shipment from that generator, transporter, or 

processor/re-refiner 0.82 0.00 0.01 0.83 $53.98 $0.00 $0.00 750 622.50 $40,485.00

697.50 $45,682.50

12,352.50 $473,437.50

Tracking (§279.65)

Notices (§279.66(a))

TOTAL

Subtotal

Rebuttable Presumption for Used Oil (§279.63)

Reading the Regulations

Number of 

Respondents/ 

Activity

Respondent 

Hours

Capital/ Startup 

INFORMATION COLLECTION ACTIVITY Costs O&M Costs Total Costs/Year

Subtotal

Total Hours/Year

Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery

Labor Cost

Hours and Cost per Respondent Total Hours and Costs
40

Exhibit 9

Used Oil Management Standards

Estimated Respondent Hour and Cost Burden

Managerial Technical Clerical

@ $65.61/Hr @ $36.34/Hr @ $17.99/Hr

Read the regulations 0.25 0.50 0.00 0.75 $34.57 $0.00 $0.00 340 255.00 $11,753.80

Perform used oil analyses or obtain copies of analyses or other 

information documenting that the used oil fuel meets the 

specifications under §279.11. 3.20 78.50 73.23 154.93 $4,380.05 $0.00 $5.70 340 52,676.20 $1,491,155.00

Retain copies of analyses or other information used to make the onspecification used oil fuel determination for three years 0.00 0.00 0.02 0.02 $0.36 $0.00 $0.00 340 6.80 $122.40

52,683.00 $1,491,277.40

Prepare and maintain, for at least three years, a record of each 

shipment of off-specification used oil fuel shipped to a burner 0.00 0.03 0.06 0.09 $2.17 $0.00 $0.00 0 0.00 $0.00

Prepare and maintain, for at least three years, a record of each 

shipment of on-specification used oil fuel shipped to an onspecification used oil burner 0.00 0.03 0.06 0.09 $2.17 $0.00 $0.00 0 0.00 $0.00

0.00 $0.00

Obtain a one-time written and signed certification from the burner 0.00 0.24 4.48 4.72 $89.32 $0.00 $0.00 340 1,604.80 $30,368.80

Maintain the certification for three years from the date the last 

shipment of off-specification used oil is shipped to the burner 0.00 0.00 0.02 0.02 $0.36 $0.00 $0.00 340 6.80 $122.40

1,611.60 $30,491.20

54,549.60 $1,533,522.40

Subtotal

Subtotal

TOTAL

Notices (§279.75(a))

Hours and Cost per Respondent Total Hours and Costs

Analysis of On-Specification Used Oil Fuel (§279.72(a))

Tracking (§279.74(a)-(b))

Number of 

Respondents/ 

O&M Costs Activity Total Hours/Year

Subtotal

Reading the Regulations

INFORMATION COLLECTION ACTIVITY

Respondent 

Hours

Used Oil Fuel Marketers

Labor Cost Total Costs/Year

Capital/ Startup 

Costs
41

Exhibit 10

Used Oil Management Standards

Summary of Respondent Hour and Cost Burden

Used oil transporters and transfer facilities 335,388 $10,248,899 $0 $10,008,670 $20,257,569

Used oil processors and re-refiners 57,995 $1,697,006 $0 $415 $1,697,422

Used oil burners who burn off-specification used oil for energy 

recovery 12,353 $473,160 $0 $278 $473,438

Used oil fuel marketers 54,550 $1,531,584 $0 $1,938 $1,533,522

TOTAL 460,286 $13,950,649 $0 $10,011,301 $23,961,951

Type of Respondent Total Costs

Total O&M 

Total Hours Costs

Total Labor 

Costs

Total Capital 

Costs
42

EXHIBIT 11

REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTE

ANNUAL ESTIMATED STATE AGENCY BURDEN AND COST

Hours and Costs Per Respondent Per Activity Total Hours and Costs

O&M Costs

Legal Managerial Technical Clerical Post/Shipping Respondent Respondents Total Hours Total Cost

@ $55.65/hr @ $52.24/hr @ $31.26/hr @ $19.94/hr @ $0.41/doc or Activity or Activities per Year per Year

NOTIFICATION (273.62)

Review notification for completeness and accuracy

LQHUWs 0.00 0.00 0.25 0.00 $0.00 $7.82 265 66 $2,072

Issue EPA ID number to LQHUW

LQHUWs 0.00 0.00 0.00 0.25 $0.00 $4.99 265 66 $1,322

Enter information into Database

LQHUWs

0.00 0.00 0.00 0.25 $0.00 $4.99 265 66 $1,322

SUBTOTAL 0.00 0.00 0.25 0.50 $0.00 $17.80 265 198 $4,716

OFF SITE SHIPMENTS (273.18, 273.36, and 273.61)

Review and file notice of illegal shipment

LQHUWs 2.00 1.00 1.00 0.25 $0.00 $199.79 76 323 $15,184

Destination Facilities 2.00 1.00 1.00 0.25 $0.00 $199.79 228 969 $45,552

SUBTOTAL 2.00 1.00 1.00 0.25 $0.00 $199.79 304 1,292 $60,736

PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273 (278.80 AND 273.81)

Review petition and make a decision on the applicability 

of regulation under the universal waste program 40.00 50.00 80.00 0.00 $0.00 $7,338.80 1 170 $7,339

Prepare and send written decision to the petitioner 2.00 2.00 2.00 2.00 $0.00 $318.18 1 8 $318

Compile and file all information on the petition 0.00 0.00 0.00 4.00 $0.00 $79.76 1 4 $80

SUBTOTAL 42.00 52.00 82.00 6.00 $0.00 $7,736.74 1 182 $7,737

TOTAL varies varies varies varies $0.00 varies varies 1,672 $73,189
43

EXHIBIT 12

CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSAL

TOTAL ESTIMATED ANNUAL STATE AGENCY BURDEN AND COST SUMMARY

Exhibit Title Annual Activities Annual Hourly

Burden

Annual

Labor

Cost

Annual Capital/

Startup Cost

Annual

O&M

Cost

Total

Annual

Cost

Exhibit 3 Storage and Treatment Conditional Exemption 35 11 $343 $0 $0 $343

Exhibit 4 Transportation and Disposal Conditional Exemption 23 8 $225 $0 $0 $225

Annual Total 58 19 $568 $0 $0 $568
44

Exhibit 13

Used Oil Management Standards

Estimated Annual State Agency Hour and Cost Burden

Managerial Technical Clerical

@ $52.24/Hr @ $31.26/Hr @ $19.94/Hr

Review demonstration 0.00 4.00 0.00 4.00 $125.04 $0.00 $0.00 0 0.00 $0.00

Enter information into database 0.00 0.00 0.10 0.10 $1.99 $0.00 $0.00 0 0.00 $0.00

0.00 $0.00

Review information in notification letter 0.10 0.40 0.00 0.50 $17.73 $0.00 $0.00 2 1.00 $35.46

Review information in written report on emergency incident 0.00 1.00 0.00 1.00 $31.26 $0.00 $0.00 2 2.00 $62.52

Review demonstration 0.00 4.00 0.00 4.00 $125.04 $0.00 $0.00 0 0.00 $0.00

Enter information into database 0.00 0.00 0.10 0.10 $1.99 $0.00 $0.00 0 0.00 $0.00

Review information demonstrating that not all contaminated soils can 

be practicable removed or decontaminated as required by section 

249.54(h)(1)(i) 0.00 1.00 0.00 1.00 $31.26 $0.00 $0.00 1 1.00 $31.26

Enter information into database 0.00 0.00 0.10 0.10 $1.99 $0.00 $0.00 1 0.10 $1.99

Review biennial report concerning used oil activities conducted at 

processing/re-refining facility 0.00 3.00 0.00 3.00 $93.78 $0.00 $0.00 100 300.00 $9,378.00

304.10 $9,509.23

Review demonstration 0.00 4.00 0.00 4.00 $125.04 $0.00 $0.00 0 0.00 $0.00

Enter information into database 0.00 0.00 0.10 0.10 $1.99 $0.00 $0.00 0 0.00 $0.00

0.00 $0.00

304.10 $9,509.23

Closure of Aboveground Tanks (§279.54(h)(1)(ii))

Reporting (§279.57(b))

TOTAL

Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery

Rebuttable Presumption for Used Oil (§279.63)

Subtotal

Hours and Cost per Respondent Total Hours and Costs

Respondent 

Hours Labor Cost

Capital/ Startup 

Costs O&M Costs

Number of 

Respondents/ 

INFORMATION COLLECTION ACTIVITY Activity Total Hours/Year Total Costs/Year

Subtotal

Used Oil Transporters and Transfer Facilities

Rebuttable Presumption for Used Oil (§279.44)

Used Oil Processors and Re-Refiners

Subtotal

Emergency Procedures (§279.52(b)(6))

Rebuttable Presumption for Used Oil (§279.53)
45