SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTIO N REQUEST NUMBER 2382.03

REPORTING AND RECORDKEEPING REQU IREMENTS FOR THE FINAL RULE

ON THE IDENTIFICATION OF NON- HAZARDOUS SECOND ARY MATERIALS

THAT ARE SOLID WASTE

January 2011
(Addendum added June 26, 2012)

### ADDENDUM

F INAL AMENDMENTS to the March 21, 2011 Final Rule:

IDENTIFICATION OF NON-HAZ ARDOUS SECONDARY MATERIALS

THAT ARE SOLID WASTE

The EPA is issuing Final Amendments to regulations codified by the March 21, 2011 Non-Hazardous Secondary Materials rule. This final rule estab lished a case-specific non-waste determination petition process for solid waste sec ondary materials used as fuel in a combustion unit. While the process is voluntary, it requires the petitioner to provide information describing how the secondary materials satisfy the legitimacy criteria, along with co nsideration of certain market, human and environmental health, and othe r factors. The per-re spondent and aggregate burden and cost estimates for the case-specific peti tion process are presented in Exhibit 1 of this supporting statement.

During the development of the Final Amendments to the March 21, 2011 final rule, the Agency recognized that selected secondary mate rials may be more conducive to a categorical non waste determination process, rather than a ca se-specific determination process. Thus, under the Final Amendments, the Agency is finalizing the process outlined in the proposed amendments rule whereby persons may submit a rulemaking petition to the Administrator where they can identify and request that additional non hazardous secondary materials (NHSMs) be listed in section 241.4. Although the petition pro cess and requirements for this categorical determination are more comprehensive than those of the case-specific process, considerably fewer petitions are likely to be submitted. T hus, the aggregate categorical cost and burden impacts are expected to be considerably less th an the aggregate case-specific estimates, if only the case-specific petition process was available. 1

1 It is feasible that as few as 18 categorical petitions may be submitted (22 broad categories identified in Materials Characterization papers less th e four categorical non waste materials identified in section 241.4), down from the estimated 168 total case-specific submissions (Exhibit 1).i TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION ........................................1 1(a) Title and Number of the Information Collection .....................................................1 1(b) Short Characterization .............................................................................................1

2. NEED FOR AND USE OF THE COLLECTION ...............................................................2 2(a) Need and Authority for the Collection .....................................................................2 2(b) Practical Utility and Users of the Data ....................................................................2

3. NONDUPLICATION, CONSU LTATIONS, AND OTHER

COLLECTION CRITERIA ................................................................................................2 3(a) Nonduplication .........................................................................................................2 3(b) Public Notice ............................................................................................................ 3 3(c) Consultations............................................................................................................3 3(d) Effects of Less Frequent Collection .........................................................................3 3(e) General Guidelines ...................................................................................................3 3(f) Confidentiality .........................................................................................................3 3(g) Sensitive Questions ..................................................................................................4

4. THE RESPONDENTS AND THE IN FORMATION REQUESTED .................................4 4(a) Respondents and NAICS Codes ..............................................................................4 4(b) Information Requested .............................................................................................5

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT .........................................6 5(a) Agency Activities .....................................................................................................6 5(b) Small Entity Flexibility ............................................................................................7

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION .................7 6(a) Estimating Respondent Burden................................................................................7 6(b) Estimating Respondent Costs ..................................................................................7 6(c) Estimating Agency Burden and Costs .....................................................................8 6(d) Estimating the Respondent Universe and Total Burden and Costs .........................8 6(e) Bottom Line Burden Hours and Costs ...................................................................10 6(f) Reason for Change in Burden ................................................................................11 6(g) Burden Statement ...................................................................................................11ii EXHIBITS

Exhibit 1: Estimated Respondent Burden and Cost ......................................................................12

Exhibit 2: Estimated Agency Burden and Cost ............................................................................13

Exhibit 3: Estimated Average Burden per Respondent ................................................................141 1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

This information Collection Request (ICR) is entitled “Identifica tion of Non-Hazardous Secondary Materials That Are Solid Waste (Fin al Rule) (Revision),” EPA ICR Number 2382.03,

OMB Number 2050-0205.

1(b) Short Characterization

Section 112(d) of the Clean Air Act (CAA) re quires the promulgation of regulations to control emissions of specific hazardous air pollu tants from “major sources” within defined source categories. 2,3 One such regulation, promulgated in September 2004, is the National

Emissions Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (the “Boilers Ru le”), which established Maximum Achievable Control Technology (MACT) standards for this source category. Section 129 of the CAA directed EPA to promulgate regulations to cont rol emissions of nine specified pollutants from

“solid waste incineration units.” EPA did so in December 2000 with the publication of the final Standards of Performance for New Stationary Sources and Emission Guidelines for Existing

Sources: Commercial and Industrial Solid Waste In cineration Units (the “C ISWI Rule”). Units regulated under Section 129 cannot be subject to any rule promulgated under Section 112.

In September 2005, in response to a subsequent petition for reconsideration, EPA amended the CISWI Rule when it promulgate d revised definitions for “solid waste,” “commercial or industrial waste,” and “commercial and industrial solid waste incineration unit” (the “CISWI Definitions Rule”). As part of th e CISWI Definitions Rule, EPA made a distinction between solid waste incinerators and boilers, char acterizing the former as units that are designed and operated to discard materi als through high temperature com bustion. However, EPA excluded

from the definition of a solid waste incinerator th ose units designed to rec over energy for “useful purposes such as steam gene ration or process heating.”

In July 2007, the Court of Appeals for the District of Columbia Circuit vacated and

remanded to EPA both the CISWI Definitions Ru le and the Boilers Rule. In vacating the definitions rule, the Court noted that, despite the potential reasonableness of the functional

distinction between boilers and incinerators, the CAA is unambi guous in its requirement that EPA regulate any commercial or in dustrial incinerator that combus ts any solid waste material, as a solid waste incineration unit regardless of whethe r the waste is burned as a “fuel.” The Court also concluded that EPA erred in excluding from the CISWI Definitions Rule units that combust solid waste for the purposes of energy recovery and including these units in the Boilers Rule. In

2 A “major source” is any stationary source that emits or has the potential to emit considering controls, in the aggregate, at least 10 tons per year of any hazardous air pollutant or at least 25 tons per year of any combination of hazardous air pollutants.

3 The Clean Air Act also requires EPA to identify and lis t the area source categorie s (sources that are not major sources) that represent 90 percent of the emissions of the 30 urban air toxi cs associated with area sources and subject them to standards under the Section 112(d) of the Act. EPA’s Urban Air Toxics Strategy is summarized in Federal Register , Vol 64, No. 137, 38706, July 19, 1999.2 short, revision to the Definitions Rule necessitates a revision to the Boilers Rule as well, since

the former will result in a different set of units that will be subject to the latter.

EPA’s response to the Court’s decision requi res a clear determin ation of which nonhazardous, “secondary materials” 4 constitute RCRA Subtitle D “solid waste” in order to clarify

when the combustion of these materials would be regulated pursuant to CAA Section 129 (as opposed to potential regulation unde r Section 112 if a combustion unit burns materi als that are not solid waste when combusted). Thus, EPA has developed the Final Rule for the identification of non-hazardous secondary materials that are solid waste.

This ICR is a description of the information collection requirements for combustion units that use non-hazardous secondary ma terials that are solid wastes.

1(c) Revision

The purpose of this revision is to make classi fication changes in the Final Rule. There are no changes to the burden or other components of the ICR. See “Addendum” section for further

information.

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection

The requirements covered in this ICR are necessary for EPA to identify non-hazardous secondary materials that are solid waste when combusted and to enforce Sections 112 and 129 of the Clean Air Act. EPA is pr oposing the establishment of these information collection requirements under the authority of Subtitle D of the Resource Conservation and Recovery Act (RCRA).

2(b) Practical Utility and Users of the Data

EPA will use the collected information to en sure that non-hazardous secondary materials that are solid wastes are managed as such and th at combustion units that use these materials are regulated under Section 129 of the Clean Air Act. In particular, EPA will use information collected pursuant to the Final Rule’s petiti on process requirements to assess whether the

materials included in each petition are solid wastes.

3. NONDUPLICATION, CONSULTATION S, AND OTHER COLLECTION

CRITERIA

3(a) Nonduplication

4 A “secondary material” is any material that is not the primary product of a ma nufacturing or commercial process, and can include post-consumer material, off-specification commercial chemical products or manufacturing chemical intermediates, post-industrial material, and scrap.3 None of the information required by the Fina l Rule would duplicate information required by existing RCRA regulations.

3(b) Public Notice

In compliance with the Paperwork Reduc tion Act of 1995, EPA opened a 60-day public comment period at the time that th e Proposed Rule was published in the Federal Register

. 5 To assist the public in commenti ng on the proposal, EPA raised a num ber of issues in the preamble to the Proposed Rule and asked for the pub lic to comment on them. EPA has published responses to the comments on the rulema king docket (Docket ID No. EPA-HQ-RCRA-2008- 0329) and addresses several of these comments in the preamble to the Final Rule.

3(c) Consultations

EPA consulted and collected information from interested parties over the course of several months to support the Final Rule. EPA solicited and r eceived comments on the Proposed Rule and addresses these comments in the preamble to the Final Rule. 6 EPA also met and communicated with industry associations, gene rators and users of the materials potentially affected by the rule, as well as other interested parties. The summaries of the meetings and telephone conversations with inte rested parties are available in the docket for the Final Rule.

3(d) Effects of Less Frequent Collection

EPA has carefully considered the burden imposed upon the regulated community by the

Final Rule. EPA is confident that those activit ies required of respondents are necessary, and to the extent possible, the Agency has attempte d to minimize the burden imposed. EPA believes strongly that, if the minimum information collecti on requirements of the Fi nal Rule are not met, neither industry nor EPA will be able to ensure that non-hazardous secondary materials that are solid wastes are managed in a manner that is pr otective of human health and the environment.

3(e) General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and other applicable OMB guidance.

3(f) Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which defines EPA’s general policy on public disclosure of information, cont ain provisions for confidentiality. However, the Agency does not anticipate that businesses will a ssert a claim of confiden tiality covering all or part of the Final Rule. If such a claim is a sserted, EPA must and will treat the information in

5 Federal Register , Vol. 75, No. 107, 31844, June 4, 2010.

6 Ibid

.4 accordance with the regulations cited above. EP A also will assure that this information collection complies with the Privac y Act of 1974 and OMB Circular 108.

3(g) Sensitive Questions

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

associated with the Final Rule.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents and NAICS Codes

The following is a list of North American Industrial Classification System (NAICS)

codes associated with the fac ilities most likely to be affected by the information collection requirements covered in this ICR.

NAICS NAICS Category

111 Crop Production 113 Forestry and Logging 114 Fishing, Hunting, and Trapping 115 Support Activities for Agriculture and Forestry

211 Oil and Gas Extraction 212 Mining (Except Oil and Gas)

221 Utilities 237 Heavy and Civil Engineering Construction 311 Food Manufacturing 312 Beverage and Tobacco Product Manufacturing

313 Textile Mills

314 Textile Product Mills 316 Leather and Allied Product Manufacturing 321 Wood Product Manufacturing 322 Paper Manufacturing 323 Printing and Related Support Activities 324 Petroleum and Coal Products Manufacturing 325 Chemical Manufacturing 326 Plastics and Rubber Products Manufacturing 327 Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliance and Component Manufacturing 336 Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing
423 Merchant Wholesalers, Durable Goods

424 Nondurable Goods Merchant Wholesalers

441 Motor Vehicle and Parts Dealers

446 Health and Personal Care Stores 451 Sporting Good, Hobby, Book and Music Stores 481 Air Transportation 482 Rail Transportation5 NAICS NAICS Category

486 Pipeline Transportation 488 Support Activities for Transportation 493 Warehousing and Storage

522 Credit Intermediation and Related Activities
541 Professional, Scientific and Technical Services

561 Administrative an d Support Services 562 Waste Management and Remediation Services

611 Educational Services 622 Hospitals

721 Accommodation 811 Repair and Maintenance

921 Public Administration

928 Public Administration

This table is not intended to be exhaustiv e, but rather provides a guide for readers regarding entities likely to be impacted by this action.

4(b) Information Requested

This section describes information collection requirements applicable to entities that would be affected by the Final Rule.

Petition Process

(i) Data items :

The Final Rule establishes a non-waste dete rmination petition process that provides persons with an administrative process for re ceiving a formal determination from the EPA Regional Administrator that non-hazardous secondary materials that are burned as a fuel and have not been managed within th e control of the generator, ha ve not been discarded, and are indistinguishable in all relevant aspects from a fuel product are not a solid waste when used as a legitimate fuel in a combustion unit. To receive consideration, a petitioner must request a casespecific non-waste determination. While the pr ocess is voluntary, it requires the petitioner to provide information describing how the secondary materials satisfy the legitimacy criteria, along with analysis of certain market, human and environmental health, and other factors.

(ii) Respondent activities :

In order for EPA to grant the non-waste determination, a petitioner must show that the material in question was not in itially abandoned or thrown aw ay by the generator. After demonstrating that the non-hazardous secondary ma terial has not been di scarded in the first instance, the petitioner must then demonstrate that the material is indistinguishable in all relevant aspects from a fuel product by showing that it sa tisfies all of the follow ing five criteria: (1) whether market participants handle the non-hazardous secondary material as a fuel rather than a waste; (2) whether the chemical and physical iden tity of the non-hazardous secondary material is comparable to a commercial fuel; (3) whethe r the capacity ofthe market would use the nonhazardous secondary material in a reasonable time frame; (4) whether the constituents in the non-6 hazardous secondary material are re leased to the air, water or la nd from the point of generation to the point just prior to combustion of th e non-hazardous secondary material at levels comparable to what would otherw ise be released from traditiona l fuels; and (5) other relevant

factors.

Notification

The Final Rule does not contain any notification requirements.

Rule Familiarization (Reading the Regulations)

(i) Data items :

None.

(ii) Respondent activities :

It is expected that entities potentially aff ected by the Final Rule will read it to assess how it may affect their operations.

Title V Permitting

In addition, under the Final Rule, some comb ustion units that are currently regulated

under Section 112 of the Clean Air Act will be regulated under Section 129. For a limited number of units, this change in regulatory status could potentially trigger the permitting requirements of Title V of the Clean Air Act.

Title V permitting requirements apply to all major emissions sources, cement kilns, and electric arc furnace steelmaking facilities/units. 7 Therefore, many of the units potentially affected by the rule are already required to obta in a Title V permit. The data available to the Agency do not indicate that any units will be ne wly subject to the Title V permitting requirement
as a result of the Final Rule. Therefore, this ICR does not examine any activities associated with Title V permitting.

5. THE INFORMATION COLLECTED—A GENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

As discussed above, EPA is proposing a self -implementing approach that requires facilities to determine whether a given material meets EPA’s non-waste criteria. The Agency is also establishing a petition process under whic h facilities may seek clarity on whether the

7 40 CFR Part 270 includes detailed information on the requirements of the Title V permitting program.7 materials that they burn are considered solid wa stes. Therefore, under th is Final Rule, EPA will process and review the petitions of facilities seeking non-waste determinations and decide whether the information provided in each pe tition warrants a non-waste determination.

Because the Final Rule contains no notification requirements, the Agency will not engage

in notification revi ew under the rule.

5(b) Small Entity Flexibility

The self-implementing approach for non-wast e determinations finalized by EPA would provide small entities with flex ibility to minimize their inform ation collection burdens under the Final Rule. Under this approach, small entities would not be required to submit any paperwork to EPA or state agencies and would have the flexibility to develop their own individualized approaches for determining whether the material s that they burn meet the non-waste criteria

included in the Final Rule.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Burden

In Exhibit 1, EPA estimates the respondent burden associated with the new paperwork requirements in the Final Rule. As shown in the Exhibit, EPA es timates that the total one-time respondent burden for the new requirements in th e rule varies between 1 hour (per respondent) and approximately 149 hours (per respondent), depe nding on whether the facility incurs solely rule familiarization costs, or whether it also incurs petition process costs.

6(b) Estimating Respondent Costs

Exhibit 1 summarizes the total costs of the information collection activities associated

with the Final Rule. As indicated in the exhibi t, these range from $74 per respondent for rule familiarization to $10,088 for the petition pro cess for non-waste determinations. Where applicable, these cost estimates reflect the cost of labor as well as operations and maintenance (O&M) costs.

Labor Costs

For purposes of this analysis, EPA estimates an average hourly res pondent labor cost of $92 for legal staff, $76 for managerial staff, $66 fo r technical staff, and $29 for clerical staff. These hourly labor costs were obt ained from the following sources:

 Hourly Wage: Bureau of Labor Statistics, o ccupational earnings data for 2009. 8

8 Bureau of Labor Statistics, Occupational earnings tables: United States, D ecember 2008 – January 2010 (average reference date July 2009), Table 3 Full-time civilian workers: Mean and median hourly, weekly, and annual earnings and mean weekly and annual hours. A cessed at http://www.bls.go v/ncs/ocs/sp/nctb1346.pdf, December 8, 2010. We assume thes e estimates are in year 2009$..8  Benefits Percentage: U.S. Department of Labor data on benefits as a percentage of total compensation. 9

 Overhead: Expressed as a percent of wages, as summarized in the regulatory impact analysis for the 2008 Defini tion of Solid Waste Final Rule. 10

Capital and Operation & Maintenance Costs

Capital costs usually include any produced physical good necessary to provide the required information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur capital co sts in carrying out the information collection requirements of the Final Rule.

O&M costs are those costs associated with materials and services procured for the information collection requirements included in th e ICR. For this ICR, O&M costs may include material testing for the petition process, as well as the costs of supplies used in the preparation of each petition (e.g., photocopies). We estimate that facilities will incur O&M costs of $293 per material for testing. 11 Based on data compiled in support of EPA’s Boiler MACT and CISWI rulemakings, we estimate that each facili ty will, on average, petition for non-waste

determinations for 1.38 materials. 12 Applying this to the testing cost of $293 per material, we estimate per facility O&M costs of $403 for testing.

6(c) Estimating Agency Burden and Costs

Exhibit 2 below presents the estimated Agen cy burden and costs associated with the requirements covered in this ICR. We estima te that EPA would incur a one-time cost of approximately $10,058 per respondent for the petition process.

6(d) Estimating the Respondent Universe and Total Burden and Costs

Respondent Universe

The number of affected entities varies by information collection activity, as summarized

below:

9 U.S. Department of Labor, "EMPLOYER COSTS FOR EMPLOYEE COMPENSATION— SEPTEMBER 2010," USDL-10-1687, December 8, 2010. Derived from percent of total compensation breakout for "civilian workers" as presented in Table 2.

10 U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial Recycling Exclusions Of the RCRA Definition Of Solid Waste, September 25, 2008. Exhibit B-1.

11 Estimate derived from RACER 2005 Cost Estimating Software.

12 U.S. EPA, Office of Air Quality Planning and Standa rds, Draft combustor database in support of the proposed CISWI Rule, April 14, 2009 and U.S. EPA, Office of Air Quality Planning and Standards, Draft combustor database in support of the proposed major source Boilers Rule, March 20, 2009.9 Rule Familiarization: EPA estimates that 1,461 facilities will incur rule familiarization

costs under the Final Rule. This estimate is based upon information compiled by EPA on the non-hazardous secondary mate rials burned by individual combustion units potentially affected by either of the following rulemaki ngs: (1) the Standard s of Performance for New Stationary Sources and Emission Guidelin es for Existing Sources: Commercial and Industrial Solid Waste Incineration (CISW I) Units (the CISWI Rule); and (2) the

National Emission Standards for Hazardous Air Pollutants for

Industrial/Commercial/Institutiona l Boilers and Process Heater s (the major source Boilers Rule). 13,14

Petition Process: EPA assumes that those facilities that currently burn secondary

materials considered to be waste under the Final Rule will undergo the petition process

for non-waste determination if the material is not burned within the control of the generator. Based on the unit- level information compiled by EPA for the CISWI Rule and the Major Source Boilers Rule, the Agency esti mates that a total of 168 facilities will submit petitions to the Agency. 15

Respondent Burden and Cost

Based on the universe data presented a bove, EPA estimates the respondent burden

associated with all of the new information collec tion requirements covered in this ICR in Exhibit 1. A discussion of the assumptions used in developing these burden estimates follows.

Rule Familiarization

As shown in Exhibit 1, EPA estimates that 1,4 61 potentially affected facilities will read

the rule. Based on the ICR for another recentRCRA rulemaking, we estimate that the perfacility burden for rule familiarization is one hour and that the cost per facility for rule familiarization is $74. 16

Petition Process

13 U.S. EPA, Office of Air Quality Planning and Stan dards, Draft combustor database in support of the proposed CISWI Rule, April 14, 2009 and U.S. EPA, Office of Air Quality Planning and Standards, Draft combustor database in support of the proposed major source Boilers Rule, March 20, 2009.

14 EPA is also issuing National Emission Standard s for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (the area so urce Boilers Rule). The vast majority of such units, however, are not designed to burn secondary materials an d will therefore not be affect ed by the Final NHSM Rule.

15 U.S. EPA, Office of Air Quality Planning and Standards, op cit

..

16 U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2324.01 Reporting and Recordkeeping Requirements for th e Proposed Rule in Adding Pharmaceu ticals to the Universal Waste Rule (Proposed Rule), September 2008, Exhibit 1.10 As shown in Exhibit 1, EPA estimates that 16 8 potentially affected f acilities will file petitions for non-waste determinations. Specificall y, EPA assumes that all facilities that burn non-hazardous secondary materials considered to be solid waste when combusted under the Final Rule will file petitions for non-waste determina tions. Similar to readi ng the regulations, it is assumed that this represents a one-time cost per facility.

We estimate the burden and cost of the petition process base d partially on the estimated burden and cost for the petition process included in the 2008 Definition of Solid Waste (DSW) Rule and the estimated additional cost of testing NHSMs to ensure that they meet the legitimacy criteria. The petition process in the 2008 DSW rule is similar to that established in the Final NHSM Rule in that petitioner must demonstrate that the material in question is not discarded and meets specific non-waste criteria. In addition, te sting costs are assumed to require two hours of field technical labor per materi al petitioned plus an additiona l $293 in O&M costs per material petitioned. The estimated per f acility burden of this petition process is approximately 149 hours (for the facility itself ), and the estimated cost per facility is $10,100.

6(e) Bottom Line Burden Hours and Costs

Respondent Burden and Costs

In Exhibit 1, EPA presents the total res pondent burden and cost for each of the two paperwork requirements associated with the Final Rule (i.e., rule familiarization and the petition process for non-waste determinations). As desc ribed above, these paperw ork requirements apply

to units and facilities that burn non-hazardous se condary materials. The total respondent burden and costs for these requirements are as follows:

Rule Familiarization

All potentially affected facili ties will incur the one-time co st of reading the rule. EPA

estimates that the hours burden of rule familiariza tion is 1,461 hours and that the associated cost is $108,771.

Petition Process

Facilities that burn non-hazardous secondary materials that are considered solid waste under the Final Rule are expect ed to incur the one-time cost of petitioning for non-waste determination. The estimated (one-time) hour s burden for respondents is 25,000 hours and the estimated (one-time) cost of the petition pr ocess for respondents is approximately $1.7 million.

Agency Burden and Costs

Exhibit 2 summarizes the total Agency burden and cost associated with the paperwork requirements for the Final Rule. As indicated in the exhibit, the Agency’s burden and costs relate to the petition process for non-waste dete rminations included in the Final Rule. The one-11 time burden realized by the Agency for the peti tion process included in the Final Rule is approximately 26,200 hours. EPA estimates that the cost incurred by the Agency under the petition process is approximately $1.7 million.

6(f) Reasons for Change in Burden

For this revision ICR there are no changes in burden.

As described in previously approved ICR 2382.02, EPA expects that the Final Rule will

result in an increase in burden to users of non-hazardous secondary materials and the Agency itself. This increase in burden reflects speci fic paperwork requirements established by the Final Rule (e.g., the petition process for non-waste determ inations). EPA has determined that these paperwork requirements are necessary for informed assessments of the waste status of certain secondary materials, and to ensure that non -hazardous secondary materials are managed in a

manner that is consistent with their status as a waste or non-waste under the Final Rule.

6(g) Burden Statement

Exhibit 3 summarizes the average burden associated with each of the paperwork requirements associated with the Final Rule, presen ted separately for regulated entities and EPA. The paperwork requirements reflected in the e xhibit include one-time activities for (1) the petition process for non-waste determinations included in the Final Rule and (2) rule

familiarization.

As indicated in Exhibit 3, we estimate the to tal burden associated with one-time activities as a range for regulated entities and EPA. This is because the burden per respondent depends on whether the respondent files a petition for non-waste determination.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods fo r minimizing respondent burden, including the use of automated collection techniques, EPA ha s established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2008-0329, whic h is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is ope n from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephon e number for the Reading Room is (202) 566- 1744, and the telephone number for the RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send

comments to the Office of Information and Re gulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Wash ington, D.C. 20503, Attention: Desk Officer for EPA. Please

include the EPA Docket ID Number EP A-HQ-RCRA-2008-0329 and OMB Control Number 2050-0205 in any correspondence.121Hourly Wages:Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010 (average reference dateJuly 2009), Table 3Full-time civilian workers: Mean and median hourly, weekly,and annual earnings and mean weekly and annual hours, accessed athttp://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, December 8, 2010.Benefits Percentage:U.S. Department of Labor, "Employer Costs for Employee Compensation—September 2010" USDL-10-1687, December 8, 2010. Derived frompercent of total compensation breakout for "civilian workers" as presented in Table 2.Overhead Percentage:U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial Recycling Exclusions Of the RCRA DefinitionOf Solid Waste, September 25, 2008. Exhibit B-1.2Hours for Rule Familiarization:U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2324.01 Reporting and RecordkeepingRequirements for the Final Rule in Adding Pharmaceuticals to the Universal Waste Rule (Final Rule), September 2008, Exhibit 1.3Petition Process Costs:Derived from U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2310.01: Revisions to the RCRA Definition ofSolid Waste (Final Rule), October 28, 2008. Hours estimate fortechnical labor also reflects an assumed 2 hours of testing permaterial petitioned. In addition, theestimated O&M cost reflects a testing cost of $293 per material tested, based on data from the RACER 2005 cost estimating software. Based on the combustion unitdatabases developed by EPA for the Major Source Boiler MACT and the CISWI rule, we estimate that, on average, 1.38 materials will be tested per petitioner.4Uncertainty Regarding Number of Respondents for the Petition Process:As described in previous sections of thisdocument, EPA assumes that facilities potentiallyaffected by the CISWI rule and the major source Boilers Rule will submit petitions to EPA for a non-waste determination if theyburn materials considered to be a solidwaste under the Final Rule and if the material is burned outside the control of the generator. Based on these conditions, theAgency estimates that 168 facilities willsubmit petitions. In reality, the number of petitions that willbe submitted is uncertain and dependent on several factors that EPA is unable to assess (e.g., the operationalcharacteristics of individual facilities).Exhibit 1 - Estimated Respondent Burden and CostHours and Costs per RespondentTotal Hours and CostsINFORMATIONCOLLECTIONACTIVITYLeg.$92/HrMgr.$76/HrTech.$66/HrCler.$29/HrRespon.HoursLaborCost1Capital/StartupCostO & MCostCost perRespondentNumber ofRespondentsTotalHoursTotalCostRULE FAMILIARIZATION – Read the rule (one-time burden and cost)Affected Facilities 0.2 0.3 0.5 0.0 1.02$64.0 $0.0 $0.0 $74 1,461 1,461 $108,771PETITION PROCESS (one-time)Affected Facilities 4 4 13358 149 $9,6853$0.0 $4033$10,0885168 24,990 $1.7million13Exhibit 2 - Estimated Agency Burden and CostHours and Costs per RespondentTotal Hours and CostsINFORMATIONCOLLECTIONACTIVITYLeg.$92/HrMgr.$76/HrTech.$66/HrCler.$29/HrRespon.HoursLaborCost1Capital/StartupCostO & MCostTotal CostperRespondentNumber ofRespondentsTotalHoursTotalCostPETITION PROCESS (one-time burden and cost)Affected Facilities 8 8 125 16 157 $10,0582$0.0 $0.0 $10,058 168 26,219 $1.7million1Hourly Wages:Bureau of Labor Statistics, Occupationalearnings tables: United States, December 2008– January 2010 (average reference dateJuly 2009),Table 3 Full-time civilian workers: Mean and median hourly, weekly, andannual earnings and mean weekly and annual hours, accessed athttp://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, December 8, 2010.Benefits Percentage:U.S. Department of Labor, "Employer Costs for Employee Compensation—September 2010,"USDL-10-1687, December 8, 2010. Derivedfrom percent of total compensation breakout for "civilian workers" as presented in Table 2.Overhead Percentage:U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final RuleAmendments To The Industrial Recycling Exclusions Of the RCRADefinition Of Solid Waste, September 25, 2008. Exhibit B-1.2Petition Process Costs:Derived from U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2310.01: Revisions to the RCRADefinition of Solid Waste (Final Rule), October 28, 2008.3Uncertainty Regarding Number of Respondents for the Petition Process:As described in previous sections of thisdocument, EPA assumes that facilities potentiallyaffected by the CISWI rule and the Major Source Boilers Rule will submit petitions to EPA for a non-waste determination if theyburn materials considered to be a solidwaste under the Final Rule and if the material is burned outside the control of the generator. Based on these conditions, theAgency estimates that 168 facilities willsubmit petitions. In reality, the number of petitions that willbe submitted is uncertain and dependent on several factors that EPA is unable to assess (e.g., the operationalcharacteristics of individual facilities).14Exhibit 3Estimated Average Burden per Respondent (hours)Regulated Entities EPABurden for one-time activities 11 to 150 0 to 157Petition Process (one-time burden) 149 157Rule Familiarization (one-time burden) 1 0Notes:Burden for one-time activities presented as a range for regulated entities and EPA because the burden will depend on whether aregulated entity files a petition for nonwaste determination.