SUPPORTING STAT EM ENT FOR EPA INFORM AT ION C OLLECTION REQUEST NUMBER 1597.08

“ REQUIREMENTS AND EXEMPTIONS FOR SPECIFIC RCRA WASTES ” February 7, 200 8TABLE OF CONTENTS

1. IDENTIFICA

TION OF THE INFORM AT ION COLL ECTION 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. NONDUPLICA TI ON, CONSULTAT IONS 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 INFORM AT ION 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 W aste
................................ ................................ ........... 9 4(b)(3) Information Requested for Used Oil
................................ ................................ ................. 13 5 THE INFO RM AT ION COLLECTED -- AG ENCY ACTIVITIES, COLLECTION METHODOLOGY, AN D INFORM AT ION M AN AG EM ENT 5(a) Agency (or Authorized State) Activities
................................ ................................ ............ 21 5(b) Collection Methodology and Management
................................ ................................ ....... 22 5(c) Sm all Entity F lexibility
................................ ................................ ................................ ....... 23 5(d) Collection Schedule
................................ ................................ ................................ .......... 23 6. ES TIM AT ING 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 Res pondent Universe for Universal W aste
................................ ............... 25 6(d)(2) Estimating the Respondent Universe for Mixed W aste
................................ .................... 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
................................ ................................ ................................ ............. 301

1. IDENTIFICA

TION OF THE INFORM AT ION COLLECTION 1(a) Title and Number of Information Collection This ICR is entitled “ Reporting and Recordkeeping Requirements for Certain W aste - Specific Regulations ” , ICR number 1597.0 8 . This ICR consolidates two ICRs: the “ Requirements a nd Exemptions for Specific R CRA Wa stes , ” ICR number 1597.0 6 , and the “ Used Oil Management Standards Recordkeeping a nd Reporting Requirements ” , ” ICR number 1286.07
. 1(b) Short Characterization/Abstract In the 19 76 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 26 0 - 2 79 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 ma nagem ent of widely generated hazardous wastes known as “ Universal W astes ” . Universal W astes are wastes that are generated in non - industrial settings by a vast community, and are present in non hazardous waste management systems. Examples of Universal W astes include certain batterie s, pesticides, mercury- containing lamps and thermostats. The Part 273 regulations are designed to separate Universal W aste 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 W astes: small quantity handlers of Universal W aste (SQHU W) and large quantity handlers of Universal W aste (LQHUW ). SQHU Ws do not accumulate more than 5,000 kg of any one category of Universal W aste at one time, while LQHUW s may accumulate quantities at or above this threshold. More stringent requirements are imposed on LQHU Ws 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 W aste ” . Mixed W aste are low- level mi xed 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 ma nifest, 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 LLM W who is licensed by NRC or an NRC Agreement State to man age radioactive materials. The conditional exemption is available only to LLM W g enerated 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 W aste m eets the conditions, remains in a conditionally exempt storage unit, and is subject to NRC regulation. Transportation and Disposal Conditional Exemption This co nditional 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 facility2 (LLRW DF) 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 LLRW DF. The waste could then be transported to the LLRW DF as strictly radioactive waste using an NRC Uniform LLW M anifest. 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 P art 279 establish, among other things, streamlined procedures for notification, testing, labeling, and recordkeeping. They also establish a flexible self- im plem enting 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 t hese 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 W aste is being managed in a manner protective of human health and the environment. For example, EPA needs to collect notifications of Universal W aste man agem ent from LQHU Ws to obtain general information on these handlers and to facilitate enforcement of the Part 273 regulations. EPA promulgated labeling and ma rk ing requirements and accumulation time limits to ensure that Universal W aste is being accumulated responsibly. EPA needs to collect information on illegal Universal W aste shipments to enforce com pliance with applicable regulations. Finally, EPA requires tracking of Universal W aste shipments to help ensure that Universal W aste is being properly tre ated, recycled, or disposed. EPA also promulgated the Conditional Exemption for Low- Level Mixed W aste 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 (LLRW DFs) 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 C FR Part 279 under Section 3014 of RCRA, which provides EPA with the statutory a uthority to promulgate used oil ma nagem ent 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 ma nner. This data aids the Agency in tracking Universal W aste shipments and identifying improper ma nagem ent practices. In addition, information kept in fac ility records helps handlers and destination facilities to ensure that they and other facilities are managing Universal W aste 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 W aste is appropriate.3

Mixed Waste EPA has developed minimum criteria in section 266.230 to ensure that LLM W g enerators take appropriate s teps 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 LLRW DF. 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 LLRWD F. 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. Thi s 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 t ransporters and tra nsfer 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 demon strate 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. NONDUPLICA TI ON, CONSULTAT I ONS, AND OTHER COLLECTION CRITERIA 3(a) Nonduplication Universal Waste The streamlined requirements for Universal W astes minimize the paperwork activities respondents must undertake in relation to the full hazardous waste program, and enable them to fol low standard industry practices and other Federal agency requirements, where appropriate, to satisfy the Universal W aste requirements. For example, LQHU Ws may use a log, invoice, bill of lading, or other shipping document to track off - site shipments recei ved and sent (i.e., in lieu of a RCRA manifest). As such, the Universal W aste requirements minimize the potential for duplication with other paperwork requirements of EPA’ s and other Federal agencies ’ regulatory programs. Mixed Waste The information col lected for LLMW or NARM waste eligible for the conditional exemptions is not available from any existing sources of information. Furthermore, the exemptions are self- im plem enting, 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 De partment 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 di scharges 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 Regi ster taking comment on our intent to renew ICRs. On September 19, 2007 EPA issued a4

public notice in the Federal Register on the Requirements a nd Exemptions for Specific R CRA Wa stes 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 i mp osed. For the Universal W aste 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 hum an health and the environment. For the Mixed W aste exemptions, these requirements constitute the mi nim um am ount of reporting that could be required while still maintaining some level of EPA supervision. 3(e) General Guidelines This ICR adheres to the gu idelines stated in the 1995 Paperwork Reduction Act, OMB ’ s im plem enting 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 INFORM AT ION 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 Co nditioning 235 Te xtile Mills 313 Paper Manufacturing 3225

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 Wa ll 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 W arehousing 484 Air Transportation 481 Electric, Gas, and Sanitary Services 221 Scrap a nd Waste Materials 421 Wh olesale 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 Se rvices 811 Motion Picture and Video Industries 512 Services to Buildings and Dwellings 56176

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 LQHU Ws to send written notification of Universal W aste ma nagem ent to the Regional Administrator, and receive an EPA identification number, before exceeding the 5,000 kilogram accumulation limit of Universal W aste. (Sections 273.32(a)(2) and (3), however, exempt LQHUW s from this requirement if they have already notified EPA of either hazardous wa ste activities under RCRA or pesticide ma nagem ent under FIFRA.) The notification must include the following data items:

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

• Name and phone number of the contact person at the Universal Waste hand ler’ s site ( § 273.32(b)(2));

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

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

• A statement that 5,000 kilograms or more of waste are accumulated at one time, and a d escription of the types of waste accumulated above this quantity ( § 273.32(b)(5)). (ii) Respondent Activities Prepare and send written notification of Universal W aste m anagem ent. B. Labeling/Marking of Universal Waste (i) Data Items Sections 273.14 and 273.34 require SQHUW s and LQHUW s, respectively, to label or ma rk their Universal W aste. 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 ( §§ 2 73.14 and 273.34). (ii) Respondent Activities7 Label or mark the Universal W aste to identify the type of waste. C. Accumulation Time Limits for Universal Waste (i) Data Items Sections 273.15 and 273.35 require SQHUW s and LQHUW s, respectively, to dem onst rate the length of time that the Universal W aste has been accumulated from the date it was received or became a waste. The demonstration may be m ade by using any of the following methods:

• Placing the Universal W aste in a container and marking or labelin g the container with the earliest date that any Universal W aste 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 W aste with the date it became a waste or was received ( § 273.15(c)(2) or § 273.35(c)(2));

• Maintaining an inventory s ystem 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 s ystem on - site that identifie s the earliest date any Universal W aste in a group of Universal W aste items or a group of containers of Universal W aste became a waste or was received ( § 273.15(c)(4) or § 273.35(c)(4));

• Placing the Universal W aste in a specific accumulation area and identi fying the earliest date that any Universal W aste in the area became a waste or was received ( § 273.15(c)(5) or § 273.35(c)(5)); or

• An y other method approved in advance by the Regional Administrator or the State Director ( § 273.15(c)(6) or § 273.35(c)(6)). (i i) Respondent Activities Demonstrate the length of time that Universal W aste 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 SQHU W s, LQHU Ws , and destination facilities, respectively, to notify a Universal W aste handler if a shipment or a portion of a shipment is rejected. Sections 273.18(g), 273.38(g), and 273.61(c) require SQHUW s, LQHU Ws , 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 LQHU Ws and destination facilities , respectively, to ma intain records of each Universal W aste 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 W aste handler from whom the waste was sent ( §§ 273.39(a)(1) and 273.62(a)(1));

• The quantity of each type of Universal W aste received ( §§ 273.39(a)(2) and 273.62(a)(2)); and

• The date the Universal W aste 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 W aste handler to whom the waste was sent ( §§ 273.39(b)(1) and 273.62(b)(1));

• The quantity of each type of Universal W aste sent ( §§ 273.39(b)(2) and 273.62(b)(2)); and

• The date the Universal W aste was sent ( §§ 273.39(b)(3) and 273.62(b)(3)). (ii) Respondent Activities

• For shipments receive d 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) wi ll 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 i mp acts ( § 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 Requeste d 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 submi tted by certified delivery stating that the facility intends to claim the conditional exemption for LLM W 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 in formation 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 requi red 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 LLM W ( conducted at least annually), as required by § 266.230(b)(4);

• Insp ections 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 conditi onally exempt LLMW a nd record findings (at least annually);

• Conduct compliance inspections of conditionally exempt LLM W a nd record10 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 becaus e 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 NR C 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 S tate 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 t he 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

• An y 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 endange rment 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 Exemption11 (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 m anagem ent of LLMW including training in chemical waste management and hazardous materials incidents response; and

• Em ergency plan as specified in § 266.230(b). (ii) Respondent Activities Maintain and update records of notifications, return receipts, fa ilure 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 LLRW DF 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 LLRWD F 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 LLRWD F 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 d ays of becoming aware of the failure, as required by § 266.355(a)(1).

• A description of the waste (including the waste name, hazardous waste codes12 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 Di sposal 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 descrip tion of the plan implemented, listing specific steps taken, to ensure the conditions will be met in the future; and

• An y additional information the facility would like to submit. (ii) Respondent Activities

• Prepare and submit by certified delivery the rep ort 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 Keep ing 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 dem onstrate 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 ye ars after the last exempted waste is sent for disposal;

• A copy of the notification and return receipt required by § 266.345(b) for three ye ars 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 m anifest and transportation regulations for the shipment of its waste, it mu st keep a copy of all other documents related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC Agreement State equivalent13 regulations, including applicable NAR M 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 i tems 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 t ransporter 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:

• Subm it to EPA a completed EPA Form 8700 - 12 or a letter requesting an identification num ber. [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 W aste 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 con duct 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 sto red 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 dem onstration that the used oil does not contain hazardous waste; and

• Records of analyses conducted or information use d 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 com pliance with the rebutta ble 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 use d 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 quanti ty 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 sh ipm ent 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 transp orter;

-- 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 cou ntry , 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 ye ars, 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.16 • Prepare and maintain, for at least three years, a record of each used oil shipment exported to any fo reign 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 aut hority

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 ope rating 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 p lan 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 li st 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 capabi lities; 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 fol lowing activities:

• Collect the information necessary to develop the contingency p lan;

• Develop and maintain the contingency plan; and

• Subm it a copy of the contingency plan to all State and local authorities that may be called upon to provide emergency se rvices.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 agenci es of an imminent or actual

em ergency situation;

• Notification to the appropriate local authorities, if the hazards assessment indicates that evacuation of local areas may be advisable;

• Em ergency report to be submitted to either the OSC or the NRC. The report mu st include:

-- Name and telephone number of reporter;

-- Name and address of facility;

-- Ti me 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; a nd

-- 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);

• Documentatio n 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:

• N otify t he appropriate State and local agencies of an imminent or actual em ergency situation;

• Collect information required for an emergency report;

• Notify t he appropriate local authorities, if the hazards assessment indicates that evacuation of local area s may be advisable;

• Subm it an em ergency 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);

• P repare 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

• P repare 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 inc lude:

• A dem onstration 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 processo rs 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 . An alysis Pla n (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 m inim um , the plan must specify the following:

-- Wh ether 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 con tent of the used oil.

• A written analysis plan for on - specification used oil fuel in §279.72. At a mi nim um , the plan must specify the following if §279.72 is applicable:

-- Wh ether sample analyses or other information will be used to make this determi nation;

-- If sample analyses are used to make this determination: < The sampling method used to obtain representative samples to be analyzed;19 < Wh ether used oil will be sampled and analyzed prior to or after any processing/re - refining; < The frequency of sampl ing 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 u sed oil fuel determ ination. (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 com ply with the analysi s 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 activit ies 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 i ncidents that require im plem entation of the contingency p lan 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 becom es 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 ye ar covered by the report; and20 -- The quantities of used oil accepted for processing/re - refining and the ma nner in which the used oil is processed/re - refined, including the specific processes employed. (ii) Respondent Activities In order to comply wit h 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 ye ar) 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 -tim e 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 shipm ent from that generator, transporter, or processor/re - refiner. N. An alysis 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 ana lyses 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 a nalyses 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 ye ars.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 mu st conduct the following activities:

• Prepare and submit to EPA a petition to allow the use of used oil as a dust suppressant. 5. THE INFORM AT ION COLLECTED -- AG ENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORM AT ION M AN AG EMENT 5(a) Ag ency (or Authorized State) Activities Universal Waste

For the Universal W aste requirements, most information required of Universal W aste 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 W aste ma nagem ent; 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 W aste regulations; prepares and sends a written decision to the petitioner; and compiles and files all information on the petition. Mixed Waste For Mixed W aste 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 hea lth 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:

• Reviewin g 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 inc lude:

• 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

com pliance with the waste compatibility and emergency equipment re quirements 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 dem onstrating 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) Reporti ng 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 w ith 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 W astes requirements, most information can b e m aintained in facility records rather than in submittals to EPA. For the information that must be submitted, EPA ensures the accuracy23

and completeness of the collected information by reviewing each submittal. EPA enters information into a database and aggregates data to monitor the Universal W aste 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 a nd resp ondents 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, i n 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 inform ation b y 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 W aste requirements, EPA exempted SQHU Ws from several administrative requirements. For example, EPA does not require SQHU Ws to subm it notifications of Universal W aste ma nagem ent, or to obtain an EPA identification number. EPA also does not require SQHUW s to track (keep records of) their Universal W aste shipments. EPA believes these exemptions encourage small businesses to safely manage Universal W aste in compliance with Part 273. In addition, EPA allows Universal W aste generators to count their monthly generation of Universal W astes separately from their other hazardous wastes in determining their regulated status under 40 CFR 261.5. Generators who generate 100 kilograms of Universal W aste or less in a calendar month may comply with the Universal Waste regulations or the exemption in sectio n 261.5. For the Mixed Waste exemptions, the information collection requirements do not adversely impact sm all entities. The exemptions are self- im plem enting 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, i n promulgating the used oil management regul ations 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 ti me 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) Collecti on Schedule For the Universal W aste requirements, EPA expects LQHU Ws to subm it notifications of Universal Waste management before they meet or exceed the 5,000 kilogram accumulation limit. EPA expects any Universal W aste handler to notify EPA if it recei ves 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 W aste regulations rather than full Subti tle C requirements. For the Mixed Waste exemptions, respondents wishing to claim a storage or treatment exemption for their LLMW m ust 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 mu st report to EPA or the Authorized State and the NRC or the oversight agency i n 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 the24

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 me ets 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 266.3 55(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. W ithin 15 days after the incident, processors/re - refiners mu st 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 bienn ial basis (by March 1 of each even numbered year), specified information concerning used oil activities during the previous calendar year. 6. ESTIM AT ING 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 fo r 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 Occup ational Employment and W age 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 Activitie s: http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html
. 6(c) (1) Estimating Federal Ag ency 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 unload ed 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 em plo yees:25

http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html
. O nly 6% of the burden and costs associated with this ICR are Federal Agency b urden, the rest is adm inistered 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 responsi ble 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 Employme nt Statistics (OES) for May 2006 at: http://www.bls.gov/oes/curren t/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 u nloaded 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 govern ment 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 W aste management system covers handlers of hazardous waste batteries, pesticides, me rcury- 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, an d 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 lam ps 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 W aste handlers and destination facilities will spend 0.5 hours each ye ar reading the applicable regulations. B. Notification All LQHUW s are required to send to EPA a written notification of Universal Wa ste m anagem ent under section 273.32. However, the following LQHUW s 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 Uni versal W aste pesticides that has sent notification to EPA required under FIFRA section 19(b) and 6(b). EPA estimates that 20 percent of LQHU Ws need to notify EPA of their activities each year. C. Labeling/Marking All SQHU Ws and LQHUW s m ust label or mark th eir Universal W aste for identification purposes. EPA expects that all SQHUW s and LQHUW s label or mark containers, tanks, and transport vehicles used to store Universal W aste. Handlers are not expected to mark each individual piece of Universal W aste but rather accumulate them in clearly marked containers and vehicles, thus mi nim izing the recordkeeping burden.26

D. Storage Time Limits EPA expects all handlers subject to the Universal W aste m anagem ent 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 W aste became a waste or was received. EPA estimate s 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 SQHU Ws , LQHU Ws , and destination facilities are required to notify an o riginating handler if a Universal W aste shipment is rejected. (See Table 3 for the estimated number of total shipments sent and received by Universal W aste handlers.) EPA estimates that 0.5 percent of all shipments received by SQHUW s, LQHUW s, and destination facilities are rejected. All SQHU Ws , LQHU Ws , 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 a re 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 SQHUW s 120,231 1 120,231 120,231 LQHU Ws 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 W aste sh ipm ents each year. LQHUW s and destination facilities are required under sections 273.39(a) and 273.62(a) to keep records of each shipment of Universal W aste received. EPA estimates that 75 percent of all Universal Wa ste shipments are received by destinat ion facilities, with the remaining 25 percent received by LQHU Ws for consolidation and eventual shipment. LQHU Ws also are required under section 273.39(b) to keep records of each Universal W aste shipment sent off- site to another facility. H. Petitions to Include Other W astes under 40 CFR Part 27327 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 W aste 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 W aste 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 LLM W 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 require me nts 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 LLM W failed to satisfy any of the conditions li sted 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 pe rcent (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 hum an health or the environment. Licensees that lose the exemption for their LLMW mu st notify E PA 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. Transpo rtation 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. Base d on an analysis of the National Profile on Commercially Generated Low -Level Radioactive Mixed Waste (National Profile), 1 EPA estimates that about 46 licensed nuclear power reactors in the U.S. generate listed LLM W a nd 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. W right, 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. 2 In 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 -tim e notice to EPA or the Authorized State stati ng that they are claiming the exemption prior to the initial shipment of an exempted waste to the LLRW DF. 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). Furthe r, licensees must also submit a notification to the LLRW DF 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 th eir 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 9 0 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 LLRW DF 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 num ber of shipments to the LLRW DF. 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 LLRW DFs annually. Note that once the eligible mixed waste is placed on the truck en route to the LLRWD F, it exits RCRA Subtitle C regulation. The licensees need not prepare a RCRA manifest for the shipm ent; however, they must transmit the NRC Uniform LLW M anifest (not burdened in this ICR ). An y 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 Au thorized 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 noti fy 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 thi s 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 W aste 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 us ed oil transporters and transfer facilities will be subject to the information collection requirements in part 279, subpart E during the three -ye ar 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 - ye ar period of this ICR. EPA also estimates that 750 used oil burners will be subject to the inform ation 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 Ty pe 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 1,61 9 12 3,280 Total annual responses 123,063 948 1,61 9 12 5,630 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 $ 1,66 5 $0 $ 0 $1,665 Total annual O&M costs $483 $966 $ 10,001,301 $10,002,750 (ii) State Agency Tally Exhibits 1 1 through 1 3 show the calculations for the total annual State Agency burden and costs associated with this ICR. For the Universal W aste requirements, EPA estimates an annual State Agency burden of 1, 672 hours and a cost of $ 73,189 . For the Mixed W aste 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 repre sents 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- Con taining Equipment also increased the burden for the Universal W aste portion of this ICR. There is an increase of $10,0 0 0,415 in annualized capital/start- up and operations and maintenance costs. 6(g) Burden Statement The annual public reporting burden fo r this collection of information is estimated to average 4.9 hours per response. The total public recordkeeping burden for the Universal W aste requirements is estimated to average 0.2 hours per response. Burden means the total time, effort, and financi al resources expended by persons to generate, ma intain, retain, disclose, or provide information to or for a federal agency. This includes the time needed31

to review instructions; develop, acquire, install, and utilize technology and systems for the purpose s 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 num bers 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 t he 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- HQ RCRA-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 W est, Room 3334, 1301 Constitution Ave., NW , W ashington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday t hrough 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 vi ew 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 docu me nt.32 EXHIBIT 1 REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL W ASTE 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 W aste Regulations SQHUW s 0.10 0.17 0.25 0.00 $0.00 $28.35 120,231 62,520 $3,408,549 LQHUW s 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 LQHUW s 0.00 1.00 0.50 0.75 $0.00 $97.27 265 596 $25,777 Submit written notification of universal waste management LQHUW s 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 SQHUW s 0.00 0.00 0.25 0.25 $0.00 $13.58 120,231 60,116 $1,632,737 LQHUW s 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) Ma rk or label storage container or area used to store universal waste with the date the waste was received or became a waste SQHUW s 0.00 0.00 0.25 0.25 $0.00 $13.58 96,185 48,093 $1,306,192 LQHUW s 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 SQHUW s and LQHUW s 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 SQHUW s and LQHUW s 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 SQHUW s and LQHUW s 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 SQHUW s and LQHUW s 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 $61,66733

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 SQHUW s 171,032 $6,362,634.36
--- $92.46 $6,362,726.82 LQHUW s 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 W ASTE 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/ Co st 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 W ASTE SHIPMENTS (273.39 and 273.62) Keep a record of each shipment of universal waste received LQHUW s 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 LQHUW s 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 W ASTES 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 $6,774,61734

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 Ma intain 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 Ma intain 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 Activity35

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 LLRW DF (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 $17,81536

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 Costs/Year Total Hours/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/ Activity INFORMATION COLLECTION ACTIVITY Respondent Hours Capital/ Startup Costs O&M Costs

Subtotal Total Hours and Costs Hours and Cost per Respondent38

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 Total Costs/Year INFORMATION COLLECTION ACTIVITY O&M Costs

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 Ca pital/ Startup Costs39

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 Ca pital/ Startup Costs Total Costs/Year INFORMATION COLLECTION ACTIVITY O&M Costs

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 Costs40

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 $1,491,155.00Retain 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 eachshipment 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/ Activity Total Hours/Year O&M Costs

Subtotal Reading the Regulations INFORMATION COLLECTION ACTIVITY Respondent Hours Used Oil Fuel Marketers Labor Cost Total Costs/Year Ca pital/ Startup Costs41

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 Costs Total Hours Total Labor

Costs Total Capital

Costs42

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 LQHUW s 0.00 0.00 0.25 0.00 $0.00 $7.82 265 66 $2,072 Issue EPA ID number to LQHUW LQHUW s 0.00 0.00 0.00 0.25 $0.00 $4.99 265 66 $1,322 Enter information into Database LQHUW s 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 LQHUW s 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 $73,18943

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 $56844

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/ Activity Total Hours/Year Total Costs/Year INFORMATION COLLECTION ACTIVITY

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