SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1597.11

“REQUIREMENTS AND EXEMPTIONS FOR SPECIFIC RCRA WASTES”

January 2015TABLE OF CONTENTS

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

2. NEED FOR AND USE OF THE COLLECTION 2(a) Need and Authority fo r the Collect ion ............................................................................... 2 2(b) Use and Users of the Data ................................................................................................ .. 2

3. NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 3(a) Nondupl ication ........................................................................................................... ......... 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) Sensitiv e Questions ...................................................................................................... ...... 4

4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4(a) Respondents and SIC/ NAICS Codes ............................................................................... 4 4(b)(1) Informati on Requested for Univ ersal Waste ....................................................................... 6 4(b)(2) Information Request ed for Mixed Waste ............................................................................ 9 4(b)(3) Information Requested for Used Oil ................................................................................. 13

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

AND INFORMATION MANAGEMENT 5(a) Agency (or Authorized State) Activities ............................................................................ 21 5(b) Collection Methodolog y and Managem ent ....................................................................... 22 5(c) Small Enti ty Flexibility ................................................................................................. ...... 23 5(d) Collect ion Sc hedule ...................................................................................................... .... 23

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6(a) Estimating Resp ondent Burden ....................................................................................... 24 6(b) Estimating Respondent Costs ........................................................................................... 24 6(c)(1) Estimating Federal Ag ency Burden and Cost ................................................................... 24 6(c)(2) Estimating State Agenc y Burden and Co st ....................................................................... 25 6(d)(1) Estimating the Re spondent Universe for Universal Waste ............................................... 25 6(d)(2) Estimating the Respondent Universe for Mix ed Waste .................................................... 27 6(d)(3) Estimating the Respondent Universe for Us ed Oil ........................................................... 29 6(e) Bottom Line Burden Hours and Cost s .............................................................................. 29 6(f) Reasons for Change in Burden ........................................................................................ 30 6(g) Burden Statement ......................................................................................................... .... 301 1. IDENTIFICATION OF TH E INFORMATION COLLECTION

1(a) Title and Number of Information Collection

“Requirements and Exemptions for Specific RCRA Wastes (Renewal)”, EPA ICR number 1597.11, OMB

number 2050-0145.

1(b) Short Characterization/Abstract

In the 1976 Resource Conservation and Recovery Act (RCRA), as amended, Congress directs the U.S. Environmental Protection Agency (EPA) to develop and administer a co mprehensive program for the safe management and disposal of hazardous waste. In 1980, EPA promulgated regulations in 40 CFR Part 260-279 to comply with RCRA. EPA has sinc e added to these regulations on many occasions.

Universal Waste

In 1995, EPA promulgated regulations in 40 CF R Part 273 that govern the collection and management of widely generated hazardous wastes known as “Universal Wastes”. Universal Wastes are wastes that are generated in non-industrial setti ngs by a vast community, and are present in nonhazardous waste management systems. Examples of Universal Wastes include certain batteries, pesticides, mercury-containing lamps and thermostat s. The Part 273 regulations are designed to separate Universal Waste from the municipal wast estream 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 handler s of Universal Wastes: small quant ity handlers of Universal Waste (SQHUW) and large quantity handlers of Universal Waste (LQHUW). SQHUWs do not accumulate more than 5,000 kg of any one category of Universal Wa ste at one time, while LQHUWs may accumulate quantities at or above this threshold. More string ent requirements are imposed on LQHUWs because of greater potential environmental risks.

Mixed Waste

In 2001, EPA promulgated regulations in 40 CFR Part 266 Subpart N that provide increased flexibility to facilities managing wa stes commonly known as “Mixed Wa ste”. Mixed Waste are low-level mixed waste (LLMW), and naturally occurring and/or accelerator-produced radioactive material (NARM) containing hazardous waste. These wastes are also regulated by the Atomic Energy Act. As long as specified eligibility criteria and co nditions are met, LLMW and NARM ar e exempt from the definition of hazardous waste as defined in Part 261. Although these eligible wastes are exempted from RCRA manifest, transportation, and disp osal requirements, they must still comply with the manifest, transportation, and disposal requirements under t he Nuclear Regulatory Commission (NRC) regulations, or NRC-Agreement State regulations.

Used Oil

In 1992

, EPA finalized management standards for used oils destined for recycling. The Agency codified the used oil management standards in Part 279 of 40 CFR. The regulations at 40 CFR Part 279 establish, among other things, streamlined procedur es for notification, testing, labeling, and recordkeeping. They also establish a flexible self-i mplementing approach for tracking off-site shipments that allow used oil handlers to use standard business pr actices (e.g., invoices, bill of lading). In addition, part 279 sets standards for the prevention and cleanup of releases to the environment during storage and transit. EPA believes these requirements will minimize potential mismanagement of used oils, while not discouraging recycling.2 2. NEED FOR AND USE OF THE COLLECTION

2(a) Need and Authority for the Collection

EPA promulgated the Universal Wa ste regulations at 40 CFR Pa rt 273 under the authority of

Subtitle C of RCRA. EPA needs to collect informatio n to ensure that Universa l Waste is being managed in a manner protective of human health and t he environment. For example, EPA needs to collect notifications of Universal Waste management from LQHUWs to obtain general information on these

handlers and to facilitate enforceme nt of the Part 273 regulations. EPA promulgated labeling and marking requirements and accumulation time limits to ensure that Universal Waste is being accumulated responsibly. EPA needs to collect information on illegal Universa l Waste shipments to enforce compliance with applicable regulations. Finally, EPA requires tracking of Univer sal Waste shipments to help ensure that Universal Waste is being properly treated, recycled, or disposed.

EPA also promulgated the Conditional Exempt ion for Low-Level Mi xed Waste Storage, Treatment, Transportation and Disposal regulations at 40 CFR Part 266 Subpart N in response to negotiations with commercial nuclear power plants and their trade represent atives. The industry expressed interest in regulatory flexibility to allow the disposal of mixed wast e in commercial low-level radioactive waste disposal facilities (LLRWDFs) as a RCRA-exempt waste. The negotiations resulted in a final consent decree, which required EPA to publis h a proposed rule that requests comment on an exemption from the RCRA regulations for mi xed waste generated by nuclear power plants.

And finally, EPA promulgated the Used Oil M anagement Standards at 40 CFR Part 279 under Section 3014 of RCRA, which provides EPA with the statutory authority to promulgate used oil management standards to protect public health and the environment and to not discourage recycling.

2(b) Use and Users of the Data

Universal Waste

EPA uses collected information to ensure that Universal Waste is being managed in a protective manner. This data aids the Agency in tracking Universal Waste shipment s and identifying improper management practices. In addition, information kept in facility records helps handlers and destination facilities to ensure that they and other facilities ar e managing Universal Waste properly. Finally, petitions submitted under sections 273.80 and 273.81 in suppor t of regulating other wastes or waste categories under Part 273 help EPA to compile information on thes e wastes, and to determine whether regulation as a Universal Waste is appropriate.

Mixed Waste

EPA has developed minimum criteria in section 266.230 to ensure that LLMW generators take appropriate steps to qualify for the Storage and Tr eatment Conditional Exemption, and requires that generators or treaters notify EPA or the Authorized State that they ar e claiming the transportation and disposal exemption prior to the initial shipment of a waste to a LLRWDF. Section 266.345(a) requires that generators or treaters notify EPA or the Authorized State that they are claiming the Transportation and Disposal Conditional Exemption prior to the in itial shipment of a waste to a LLRWDF. This exemption notice provides a tool for RCRA prog ram regulatory agencies to become aware of the generator’s exemption claims. The information cont ained in the notification pa ckage provides the RCRA program regulatory agencies with a general understanding of the claimant. This information also allows the agencies to document the generator’s exempti on status and to plan inspections and review exemption-related records.

Used Oil3 There are four categories of respondents to the Used Oil standards. Used Oil transporters and transfer facilities, used oil processo rs and re-refiners, burners who burn off-specification used oil for energy recovery, and used o il marketers. In addition, a State ma y petition EPA to allow the use of used oil as a dust suppressant. The State must demonstrate that it has a program in place to prevent the use

of used oil/hazardous waste mixtures or used oil exhibi ting a characteristic other than ignitability as a dust suppressant. So far no States have made such a petition.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

Universal Waste

The streamlined requirements for Universal Wa stes minimize the paperwork activities respondents must undertake in relation to the full hazardous waste program, and enable them to follow standard industry practices and other Federal agency requirements, where appropriate, to satisfy the Universal Waste requirements. For example, LQHUWs may use a log, invoice, bill of lading, or other shipping document to track off-site shipments receiv ed and sent (i.e., in lieu of a RCRA manifest). As such, the Universal Waste requirements minimize t he potential for duplication with other paperwork requirements of EPA’s and other Feder al agencies’ regulatory programs.

Mixed Waste

The information collected for LLMW or NARM waste eligible for the conditional exemptions is not available from any existing sources of information. Furthermore, the exemptions are self-implementing, and intended to provide relief to respondents from duplicative information collection requirements.

Used Oil

There is no other Federal agency that colle cts the information as required under part 279 concerning the management of used oil for recycling. EPA has coordi nated the development of the part 279 requirements with the Depart ment of Transportation’s 49 CFR regulations, where applicable. Used oil transporters must comply with all applicable pack aging, labeling, and placarding requirements of 49

CFR parts 173, 178, and 179. In addition, used oil tr ansporters must report discharges of used oil according to existing 49 CFR part 171 and 33 CFR part 153 requirements.

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

In compliance with the Paperwo rk Reduction Act of 1995, EPA i ssues public notices in the Federal Register taking comment on our intent to renew ICRs . On November 5, 2014 EPA issued a public notice in the Federal Register on the Requirem ents and Exemptions for Specific RCRA Wastes ICR renewal (79 FR 65652). EPA received no comment s in response to the Federal Register notice.

3(c) Consultations

As noted above, EPA published a Federal Regist er notice. EPA also conducted separate consultations with the regulated communities:

Penn State University Mark Linsley 814-865-3450 University of Notre Dame Robert Zerr 574-631-5037 DuPont Pharmaceuticals Company David Timmins 302-774-8056 Merck & Company, Inc. Renee Richardson 908-423-7813

Diversified Scientific Services Richard Franco 865-376-0084 Onyx Environmental Services Greg Siedor 630-218-1635

3(d) Effects of Less Frequent Collection4 For both waste categories, EPA has carefully c onsidered the burden impos ed upon the regulated community by the regulations. EPA is confident t hat those activities re quired of respondents are necessary and has attempted to minimize the burd en imposed. For the Univer sal Waste requirements, EPA believes strongly that if the minimum requireme nts specified unde r the regulations are not met,

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

human health and the environment. For the Mixed Wast e exemptions, these requirements constitute the minimum amount of reporting that could be required while still maintaining some level of EPA supervision.

3(e) General Guidelines

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

3(f) Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, S ubpart B, which define EPA’s general policy on the public disclosure of information, co ntain 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 TH E INFORMATION REQUESTED

4(a) Respondents and SIC/NAICS Codes

Table 1

List of SIC and NAICS Codes

Description NAICS Codes

Crop Production 011

Soil Preparation 115

Landscape Services 541

Forestry and Logging 113

Plumbing, Heating, and Air Conditioning 235

Textile Mills 313

Paper Manufacturing 322

Printing and Publishing 323

Chemicals Manufacturing 325

Plastics and Rubber Product Manufacturing 326

Petroleum and coal products 3245 Description NAICS Codes

Leather Tanning and Finishing 316

Ceramic Wall and Floor Tile 327

Primary Metal Industries 331

Fabricated Metal Products 332

Industrial and Commercial Machi nery and Computer Equipment 333

Electronics and Other Electrical Equipment and Components 335

Transportation Equipment 336

Medical Equipment, Including Ophthalmic Goods 339

Rail Transportation 482

Transit and Ground Passenger Transportation 485

Motor Freight Transportation Warehousing 484

Air Transportation 481

Electric, Gas, and Sanitary Services 221

Scrap and Waste Materials 421

Wholesale Petroleum Marketing 454

Automobile Dealers 441

Dry Cleaning and Laundry Services 812

Photographic Studios 541

Funeral Services and Crematories 812

Miscellaneous Business Service 561

Automotive Repair Services 811

Motion Picture and Video Industries 512

Services to Buildings and Dwellings 5617

Health Services 62

Colleges, Universities, Professional Schools, and Junior Colleges 611

Research, Development, and Testing Services 541

Other Services 5416 Description NAICS Codes

National Security 928

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

A. Notification of Universal Waste

(i) Data Items

Section 273.32 requires LQHUWs to send written notification of Universal Waste management to the Regional Administrator, and receive an EPA identification number, before exceeding the 5,000 kilogram accumula tion limit of Universal Waste. (Sections 273.32(a)(2) and (3), however, exempt LQHUWs from this requirement if they have already notified EPA of either hazardous wa ste activities under RCRA or pesticide management under Federal Insecticide, Fungi cide, and Rodenticide Act(FIFRA.)

The notification must inclu de the following data items:

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

• Name and phone number of the contact per son at the Universal Waste handler’s site (§273.32(b)(2));

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

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

• A statement that 5,000 kilograms or more of waste are accumulated at one time, and a description of the types of waste accumulated above this quantity (§273.32(b)(5)).

(ii) Respondent Activities

Prepare and send written notificati on of Universal Waste management.

B. Labeling/Marking of Universal Waste

(i) Data Items

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

mark their Universal Waste. The informati on must identify the type of waste, and be provided on the waste itself, or the container, tank, or transport vehicle in which the waste is contained (§§273.14 and 273.34).

(ii) Respondent Activities

Label or mark the Universal Waste to identify the type of waste.

C. Accumulation Time Limits for Universal Waste7 (i) Data Items

Sections 273.15 and 273.35 require SQHUWs and LQHUWs, respectively, to demonstrate the length of time that the Un iversal Waste has been accumulated from the

date it was received or became a waste. The demonstration may be made by using any of the following methods:

• Placing the Universal Waste in a container and marking or labeling the container with the earliest date that any Universal Waste in the container became a waste or was received (§273.15(c)(1) or §273.35(c)(1));

• Marking or labeling the individual item of Universal Waste with the date it became a waste or was received (§273.15(c)(2) or §273.35(c)(2));

• Maintaining an inventory system on-site that identifies the date the Universal Waste being accumulated became a wast e or was received (§273.15(c)(3) or §273.35(c)(3));

• Maintaining an inventory system on-site that identifies the earliest date any Universal Waste in a group of Universal Waste items or a gr oup of containers of

Universal Waste became a waste or was received (§273.15(c)(4) or §273.35(c)(4));

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

• Any other method approved in advance by the Regional Administrator or the State Director (§273.15(c )(6) or §273.35(c)(6)).

(ii) Respondent Activities

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

became a waste or was received.

D. Off-Site Shipments of Universal Waste

(i) Data Items

Sections 273.18(f), 273.38(f), and 273.61(b) require SQHUWs, LQHUWs, and destination facilities, respectively, to notif y a Universal Waste handler if a shipment or a portion of a shipment is rejected. Sections 273.18(g ), 273.38(g), and 273.61(c) require SQHUWs, LQHUWs, and destination facilitie s, respectively, to notify t he regional EPA office of any illegal shipment of waste. The data items re quired 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)).

(ii) Respondent Activities

• If necessary, prepare and submit a notic e of rejection of shipment to the originating handler; and/or8 • If necessary, prepare and submit a notice of illegal shipment to EPA.

E. Tracking Shipments of Universal Waste

(i) Data Items

Sections 273.39 and 273.62 require LQHUWs and destination facilities, respectively, to maintain records of each Universal Waste shipment received and sent, and to retain those records for a period of three years fr om 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 originatin g Universal Waste handler from whom the waste was sent (§§273.39(a)(1) and 273.62(a)(1));

• The quantity of each type of Univer sal Waste received (§§273.39(a)(2) and 273.62(a)(2)); and

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

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

• The name and address of the Universal Waste handler to whom the waste was sent (§§273.39(b)(1) and 273.62(b)(1));

• The quantity of each type of Univ ersal Waste sent (§§273.39(b)(2) and 273.62(b)(2)); and

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

(ii) Respondent Activities

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

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

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

(i) Data Items

Section 273.80 allows any person to petit ion EPA for an amendment to add a hazardous waste or category of hazardous waste to the Un iversal Waste regulati ons in 40 CFR Part 273. The petitioner must demonstrate that r egulation 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, an d (3) will improve implementa tion of the hazardous waste program. The demonstration must include:

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

• Information required under 40 CFR 260.20(b)

• Information addressing the factors listed in 40 CFR 273.81.

(ii) Respondent Activities9 Prepare and submit a petition supporting r egulation of a waste or waste category under

Part 273.

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

A. Storage and Treatment Conditional Exemption

(i) Data Items

Facilities seeking the mixed waste storage and treatment exemption must provide, or conduct and maintain the following, as required by §266.230:

• A written notification submitted by certifie d delivery stating that the facility intends to claim the conditional exemption for LL MW stored at the facility. The dated notification must include the facility name, address, RCRA identification number, NRC or NRC Agreement State license, t he 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 not ification must be signed by the facility’s authorized representative certifying that the information in the claim is true, accurate, and complete. The notification must be submitted within 90 days of the effective date of this rule in each State, or within 90 days of when a storage unit is first used to store conditionally ex empt LLMW, as required by §266.230(a);

• A certification that facility personnel who manage stored conditionally exempt

LLMW are trained in a manner that ensure s that the conditionally exempt waste is safely managed and includes training in chemical waste management and hazardous materials incidents response that meets the personnel training standards found in 40 CFR 265.16(a)(3 ), as required by §266.230(b)(3);

• An inventory of stored conditionally exempt LLMW (conducted at least annually), as required by §266.230(b)(4);

• Inspections of stored conditionally exempt LLMW for compliance with the conditions listed in Part 266 Subpart N (c onducted at least quarterly), as required by §266.230(b)(4); and

• An accurate emergency plan describing emergency response arrangements with local authorities and evacuation pl ans; listing the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators; and listing emergency equipment, as required by §266.230(b)(5).

(ii) Respondent Activities

• Prepare and submit by certified delivery the notification of intent to claim the conditional exemption for LLMW stored at the facility;

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

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

• Conduct compliance inspections of conditionally exempt LLMW and record findings (at least quarterly); and

• Maintain an emergency plan on site and provide it to all local emergency response authorities who may have to resp ond to a fire, explosion, or release of10 hazardous waste or hazardous constituents.

B. Loss of Storage and Treatment Conditional Exemption

(i) Data Items

Facilities that lose the exemption for thei r conditionally exempt LLMW because they no longer meet the requirements in §266.230 mu st provide the following, as required by §266.240:

• A written notification submitted by cert ified delivery within 30 days of becoming aware of the failure informing EPA or the Authorized State and the NRC or oversight agency in the NRC Agreement St ate 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 co nditions, as requir ed 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 exempt ion for LLMW, a facility must provide a notice signed by the facility’s authorized represent ative and submitted by certified delivery to EPA or the Authorized State as required by §266.245(a)(2). This notice must include the following:

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

• Certification that all failures that caused the facility to lose the exemption for its LLMW have been corrected and that the facility again meets all of the conditions in §266.230 as of the date specified;

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

conditions will be met in the future; and

• Any additional information the facility would like to submit.

(ii) Respondent Activities

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

• Inform the EPA Region or the Authorized State of the failure (orally and follow-up written notification) in cases of endangerment to human health or the

environment; and

• Prepare and submit by certified deliver y the notice reclaiming the exemption for

LLMW.

C. Record Keeping for Storage and Treatment Conditional Exemption

(i) Data Items

In addition to those records required by t he NRC or NRC Agreement State license, all facilities subject to the mixed waste exempt ion requirements must develop and maintain the following as required by §266.250:

• Initial notification records, return receipts, reports to EPA or the Authorized State11 of failure(s) to meet the exemption co nditions, and all records supporting any reclaim of an exemption;

• Records of LLMW annual inventories, and quarterly inspections;

• Certification that facility personnel who manage stored mixed waste are trained in safe management of LLMW including training in chemical waste management and hazardous materials incidents response; and

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

(ii) Respondent Activities

Maintain and update records of notifications, retu rn receipts, failure report(s), inventories, inspections, certifications, and the emergency plans.

D. Transportation and Disposal Conditional Exemption

(i) Data Items

Facilities claiming a Transportation and Dispos al 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 wa ste to the LLRWDF that states that the facility is claiming the Transportation and Disposal Conditional Exemption. The notification must include the date and the facility name, address, phone number, and RCRA ID number, as required by §266.345(a).

• A notification sent by certified delivery to the LLRWDF prior to each shipment of exempted waste, as required by §266.345(b).

(ii) Respondent Activities

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

submit the LLRWDF notifications.

E. Loss of Transportation and Disposal Conditional Exemption

(i) Data Items

Owners or operators of facilities who fail to satisfy any of the conditions for the transportation and disposal exemption for their waste must provide the following:

• A report signed by the facility’s authorized representative and submitted by certified delivery within 30 days of becomi ng aware of the failure, as required by §266.355(a)(1).

• A description of the waste (including the waste name, hazardous waste codes 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).12 To reclaim the Transportation and Disposal C onditional Exemption for the waste, another notification must be signed by the facility’ s authorized representat ive 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 fa cility again meets all of the applicable conditions for the waste as of the date specified;

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

conditions will be met in the future; and

• Any additional information the facility would like to submit.

(ii) Respondent Activities

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

• Inform EPA or the Authorized State of the failure (orally and follow-up notification) in cases of endangerment to human health or the environment; and

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

F. Record Keeping for Transportation and Disposal Conditional Exemption

(i) Data Items

In addition to those records required by the NRC or NRC Agreement State license, facilities must develop and maintain the fo llowing items, as required in §266.350:

• All applicable existing records required under §§264.73, 265.73, and 268.7 to demonstrate that the facility’s waste ha s met LDR treatment standards prior to claiming the exemption. [These are ex isting recordkeeping requirements and are not burdened in this ICR.]

• A copy of all notifications and return receipts sent under §§266.355 and 266.360 for three years after the exempted waste is sent for disposal;

• A copy of all notifications and return receipts required by §266.345(a) for three years after the last exempted wa ste is sent for disposal;

• A copy of the notification and return receipt required by §266.345(b) for three years after the exempted waste is sent for disposal; and

• If the facility or its waste is not alread y subject to NRC or NRC Agreement State equivalent manifest and transportation regulat ions for the shipment of its waste, it must keep a copy of all other document s related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC Agreement State equivalent regulations, including applicable NARM requirements, in addition to the records specified in §266.350(a) through (d).

(ii) Respondent Activities

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

4(b)(3) Information Requested for Used Oil13 A. Notification

(i) Data Items

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

• A completed EPA Form 8700-12; or

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

Transporter company name; Owner of the transporter company; Mailing address for the transporter; Name and telephone number for the transporter point of contact; Type of transport activity;

Location of all transfer facilities at which used oil is stored; and Name and telephone number for a contact at each transfer facility.

(ii) Respondent Activities

In order to comply with the above requirem ents, used oil transporters must conduct the following activities:

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

identification number.

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

EPA identification number. Refer to the “Notificat ion of Regulated Waste Activity,” ICR Number 261, for this requirement.]

B. Used Oil Discharges

(i) Data Item

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

• Notification to local authorities of the used oil discharge.

(ii) Respondent Activity

In order to comply with the above requirem ents, used oil transporters must conduct the following activities:

• Notify local authorities of the used oil discharge.

[Note: This ICR does not address the 49 CFR part 171 and 33 CFR part 153 notification requirements referenced in 40 CFR 279.43(c) since these requi rements are not under EPA’s jurisdiction.]

C. Rebuttable Presumption for Used Oil

(i) Data Items

The data items required of used oil transpor ters for the above activities include:14 • A determination of whether the tota l halogen content of the used oil being transported or stored at the transfer facility is above or below 1,000 ppm;

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

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

• Records of analyses conducted or information used to demonstrate compliance with the rebuttable presumption for used oil.

(ii) Respondent Activities

In order to comply with the above requirem ents, 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 be low 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 de monstrating that the used oil does not

contain hazardous waste; and

• Maintain records of analyses conducted or information used to demonstrate compliance with the rebuttable presumption for used oil for at least three years.

D. Labels

(i) Data Item

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

• Label with the words “Used Oil.”

(ii) Respondent Activity

In order to comply with the above requirem ents, 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 transpor ters for the above activities include:

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

information:

-- The name, address, and EPA identif ication number (if applicable) of the generator, transporter, or processo r/re-refiner who provided the used oil for transport; -- The quantity of used oil accepted; -- The date of acceptance; and15 -- The signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processo r/re-refiner who provided the used oil for transport.

• Records of each used oil shipment sent to another used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility, including the following

information:

-- The name, address, and EPA identif ication number (if applicable) of the receiving facility or transporter; -- The quantity of used oil delivered; -- The date of delivery; and -- The signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.

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

-- The name, address, and EPA identif ication 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 requirem ents, 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 y ears, a record of each used oil shipment delivered to another used oil transporter, or to a used oil burner, processor/rerefiner, or disposal facility.

• Prepare and maintain, for at least three y ears, a record of each used oil shipment exported to any foreign country.

F. Arrangements with State and Local Authorities

(i) Data Items

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

include:

• Documentation in the operating record of cases in which a State or local authority declines to enter into an arrangement with the used oil processor or re-refiner.

(ii) Respondent Activity

In order to comply with the above requirement s, used oil processors and re-refiners must conduct the following activity:

• Document in the operating record any ca se in which a State or local authority declines to enter into an arrangement.16 G. Contingency Plan

(i) Data Item

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

include:

• A contingency plan that includes the following information:

-- A description of actions that facilit y personnel must take to comply with §§279.52(b)(1) and 279.52(b)(6) in respon se to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at the facility; -- A description of arrangements with local police and fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to §279.52(a)(6); -- An up-to-date list of names, addresses, and phone numbers of all persons qualified to act as emergency coordinator; -- An up-to-date list of all emergenc y equipment at the facility, including a physical description of each piece of equipment, its location, and its capabilities; and -- An evacuation plan for facility pers onnel where there is a possibility that evacuation could be necessary.

(ii) Respondent Activities

In order to comply with the above requirement s, used oil processors and re-refiners must conduct the following activities:

• Collect the information necessary to develop the contingency plan;

• Develop and maintain the contingency plan; and

• Submit a copy of the contingency plan to all State and local authorities that may be called upon to provide emergency services.

• Review and amend the contingency plan, as necessary.

H. Emergency Procedures

(i) Data Items

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

include:

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

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

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

must include:

-- Name and telephone number of reporter; -- Name and address of facility; -- Time and type of incident (e.g., release, fire);17 -- Name and quantity of material(s) involved, to the extent known; -- The extent of injuries, if any; and -- The possible hazards to human health, or the environment, outside the facility.

• After an emergency situat ion, notification to EPA and State and local authorities that the facility is in compliance with §§279.52(b)(6)(viii)(A) and (B);

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

• A written report on the emergency incident.

(ii) Respondent Activities

In order to comply with the above requirement s, used oil processors and re-refiners must conduct the following activities:

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

• Collect information required for an emergency report;

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

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

• Compile information that dem onstrates that the facility is in compliance with the waste compatibility and emergency equipment requirements in §§279.52(b)(6)(viii)(A) and (B);

• Prepare and submit not ification demonstrating compliance to EPA and local

authorities;

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

incident;

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

• Prepare and submit to EPA the written r eport on the emergency incident, within 15 days after the emergency incident.

I. Closure of Aboveground Tanks

(i) Data Item

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

include:

• A demonstration upon closure of a tank system that not all contaminated soils can be practicably removed or decontaminated as required by 279.54(h)(1)(i).

(ii) Respondent Activities

In order to comply with the above requirement s, used oil processors and re-refiners must conduct the following activities:18 • Prepare and submit to EPA a demon stration demonstrating that not all contaminated soils can be practicably re moved or decontaminated as required by §279.54(h)(1)(i), if applicable.

J. Analysis Plan

(i) Data Items

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

include:

• A written analysis plan for the rebuttable presumption for used oil in §279.53. At a minimum, the plan must specify the following:

-- Whether sample analyses or know ledge of the halogen content of the

used oil will be used to make this determination; -- If sample analyses are used to make this determination:

 The sampling method used to obtain representative samples to be analyzed;

 The frequency of sampling to be performed, and whether the analysis will be performed on site or off site;

 The methods used to analyze used oil for the parameters specified in §279.53; -- The type of information that will be used to determine the halogen

content of the used oil.

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

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

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

 The sampling method used to obtain representative samples to be analyzed;

 Whether used oil will be sampled and analyzed prior to or after any processing/re-refining;

 The frequency of sampling to be performed, and whether the analysis will be performed on site or off site;

 The methods used to analyze used oil for the parameters specified in §279.72; --The type of information that will be used to make the on-specification

used oil fuel determination.

(ii) Respondent Activities

In order to provide the data items listed abov e, processors and re-refiners must perform the following activities:

• Develop a written analysis plan describing the procedures that will be used to comply with the analysis requirement s of §279.53 and, if applicable, §279.72;

• Follow the analysis plan; and

• Maintain the analysis plan at the facility.19 K. Operating Record

(i) Data Items

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

include:

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

-- Records and results of used oil analyses performed as described in the analysis plan required under §279.55; and -- Summary reports and details of all incidents that require implementation of the contingency plan as specified in §279.52(b).

(ii) Respondent Activity

In order to comply with the above requirement s, used oil processors and re-refiners must conduct the following activity:

• As information becomes available, record in the operating record the results of used oil analyses performed as described in the analysis plan required under §279.55 and summary reports and details of all emergency incidents as specified in §279.52(b).

L. Reporting

(i) Data Items

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

include:

• A letter containing the following information:

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

re-refiner; -- The calendar year covered by the report; and -- The quantities of used oil accept ed for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific processes employed.

(ii) Respondent Activities

In order to comply with the above requirement s, used oil processors and re-refiners must conduct the following activity:

• Prepare and submit to EPA a biennial r eport (by March 1 of each even numbered year) concerning used oil activities during the previous calendar year.

M. Notices

(i) Data Item

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

• A one-time written and signed notice certifying that:20 -- 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 onl y in an industrial furnace or boiler identified in §279.61(a).

(ii) Respondent Activities

In order to comply with the above require ments, used oil burners must conduct the following activities:

• Provide a one-time written and signed cert ification to each generator, transporter, or processor/refiner who ships used oil to the burner; and

• Maintain the certification for three year s after the date the burner last receives a used oil shipment from that generator, transporter, or processor/re-refiner.

N. Analysis of On-specification Used Oil Fuel

(i) Data Items

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

• Records of analyses performed or copies of analyses or other information documenting that the used oil fuel meet s the specifications under §279.11.

(ii) Respondent Activities

In order to comply with the above requirem ents, used oil marketers must conduct the following activities:

• Perform used oil analyses or obtain copies of analyses or other information documenting that the used oil fuel meets the specifications under §279.11; and

• Retain copies of analyses or other info rmation used to make the on-specification used oil fuel determination for three years.

O. State Programs

(i) Data Items

The data item required of States fo r the above activities include:

• A petition demonstrating the following:

-- The State has a program in pl ace 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.21 (ii) Respondent Activities

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

activities:

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

suppressant.

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

INFORMATION MANAGEMENT

5(a) Agency (or Authorized State) Activities

Universal Waste

For the Universal Waste requirements, most information required of Universal Waste handlers is maintained in records and therefore is not formally submitted to EPA. For the information that is submitted, the Agency: revi ews and files notificati ons of Universal Waste management; sends an EPA identification number to Universal Waste handlers who wish to exceed the 5,000 kilogram limit on accumulation; enters notification information into a database; reviews and files notices of rejected or illegal waste shipments; review petitions supporting regulation of a waste or category of waste under the Part 273 Universal Waste regulations; prepares and sends a written decision to the petit ioner; and compiles and files all information on the petition.

Mixed Waste

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

reviews the written notification of exemption loss, reviews the oral and written follow up notice if the failure endangers human health or the environment; and reviews notices reclaiming an exemption.

Used Oil

(a) Notification

Agency activities associated with the requir ement for used oil transporters and transfer

facilities to obtain an EPA i dentification num ber include:

• Reviewing the completed application;

• Entering information into the RCRAInfo system;

• 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 dem onstration under section 279.44 that used oil containing greater than or equal to 1,000 ppm to tal halogens does not contain hazardous waste may include:

• Reviewing the demonstration; and

• Entering information into a database.22 (c) Emergency Procedures

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

include:

• Reviewing information in notification lette rs demonstrating that the facility is in compliance with the waste compatibility and emergency equipment requirements in §§279.52(b)(6)(viii) (A) and (B); and

• Reviewing information in written reports on emergency incidents.

(d) Closure of Aboveground Tanks

Agency activities associated with the closure of above ground tanks under section 279.54(h)(1) include:

• Reviewing information submitted by used oil processors/re-refiners demonstrating that not all contaminated soils can be practicable removed or decontaminated as required by section 279.54(h)(1)(i); and

• Entering information into a database.

(e) Reporting

Agency activities associated with the repo rting requirements unde r section 279.57(b)

include:

• Reviewing biennial reports concerning used oil activities conducted at processing/re-refining facilities.

(f) State Programs

Agency activities associated with the info rmation collection requirements under section 279.82(b) include:

• Reviewing and approving/denying petit ions submitted by State programs.

5(b) Collection Methodology and Management

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

rather than in submittals to EPA. For the informatio n that must be submitted, EPA ensures the accuracy and completeness of the collected information by review ing each submittal. EPA enters information into a database and aggregates data to monitor the Universal Waste program.

For the Mixed Waste exemptions, the reporti ng requirements are not intended to provide EPA with data it will use for research; rather, they ar e intended to serve as tools by which the Agency and respondents can monitor compliance and assure that the conditions of the exemption are met. EPA only reviews notifications submitted by respondents and, if necessary, notify them of any actions taken by the Agency or required of the respondent.

For Used Oil, in collecting and analyzing the information required under the part 279 requirements, EPA uses equipment such as perso nal computers and applicabl e data base software, when appropriate. EPA will ensur e the accuracy and completeness of the collected information by reviewing each submittal. EPA will enter the info rmation obtained into a database, as appropriate aggregate data to monitor the used oil management program.23 5(c) Small Entity Flexibility

For the Universal Waste require ments, EPA exempted SQHUWs from several administrative requirements. For example, EPA does not require SQHU Ws to submit notifications of Universal Waste management, or to obtain an EPA identification numb er. EPA also does not r equire SQHUWs to track (keep records of) their Universal Waste shipments. EPA believes t hese exemptions encourage small businesses to safely manage Univer sal Waste in compliance with Part 273. In addition, EPA allows Universal Waste generators to count their monthly gener ation of Universal Wastes separately from their other hazardous wastes in determining their regul ated status under 40 CF R 261.5. Generators who generate 100 kilograms of Universal Waste or less in a calendar month may comply with the Universal Waste regulations or the exemption in section 261.5.

For the Mixed Waste exemptions, the informatio n collection requirements do not adversely impact small entities. The exemptions are self-implementing and intended to provide regulatory relief. Facilities would not claim the exemption for t he waste unless, by doing so, they expect to save time and/or money. Additionally, these requirements apply equally to small and large entities and will not impose a disproportionate burden on either.

For Used Oil, in promulgating the used oil m anagement regulations cove red 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 th an in submittals to EPA, thus reducing time and costs for providing informatio n. In addition, the used oil management system is a regulatory relief initiative that should reduce r egulatory burden and costs for all used oil handlers, but should particularly benefit small entities.

5(d) Collection Schedule

For the Universal Waste requirem ents, EPA expects LQHUWs to submit notifications of Universal Waste management before they meet or exceed the 5,000 kilogram accumulation limit. EPA expects any

Universal Waste handler to notify EPA if it receives an illegal sh ipment of waste. EPA expects to receive petitions under sections 273.80 an d 273.81 if and when an organization be lieves that a waste or category of waste should be subject to the Part 273 Univer sal Waste regulations rather than full Subtitle C requirements.

For the Mixed Waste exemptions, respondents wish ing to claim a storage or treatment exemption for their LLMW must do so within 90 days of the date on which the unit is first used to store conditionally exempt LLMW. If a facility fails to meet any of t he conditions specified in section 266.230, the facility must report to EPA or the Authorized State and the NRC or the oversight agency in the NRC Agreement State in writing by certified deliv ery within 30 days of learning of the failure, as required by section 266.240(a)(1). If the failure to meet any of the conditions may endanger human health or the environment, the facility must notify EPA or the Aut horized State orally (wit hin 24 hours) and follow up with written notification within five days, as requi red by section 266.240(a)(2). Respondents wishing to claim a transportation and disposal exemption may do so any time they generat e a waste stream that meets the conditions of the exemption. They must submit a notification to EPA or the Authorized State prior to the initial shipment claiming the exemption. In addition, for wastes that no longer meet the conditions for exemption, a respondent has 30 days after learning of the failure to submit a notification, as required by section 266.355(a)(1). If the failure to meet any of the conditions may endanger human health or the environment, the facility must also im mediately 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 lo cal authorities that the facility is in compliance with the waste compatib ility and emergency equipment requirements in section24 279.52(b)(6) before operations are resumed. Within 15 days after the incident, processors/re-refiners must submit a written repo rt on the incident to EPA, as required by sections 279.52(b)(6)(ix). In addition, under section 279.57(b), pr ocessors/re-refiners are requi red to report to EPA, in the form of a letter, on a biennial basis (by March 1 of each even numbered year), specified information concerning used oil activities during the previous calendar year.

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) Estimating Respondent Burden

The respondent burden estimates for this inform ation 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

(i) Labor Rates - For purposes of this analysis, EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $129.82 for legal staff, $76.73 for managerial staff, $57.16 for technical staff, and $34.39 for cler ical staff. These respondent labor costs were obtained from the previously appr oved ICR and updated to 2014 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.

(ii) Capital Costs



### - Capital costs usually include any prod uced physical good needed to provide or keep records of the needed information, su ch as machinery, computers, and other equipment. For this ICR, the only required capita l is file cabinets for maintaining reports for Universal Wastes. The estimated capital cost is $1,873. The following table shows the

calculations used to arrive at this number:

(iii) Operating/Maintenance Costs - O&M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the PRA as “the recurring dollar amount of cost associated wi th O&M or purchasing services.” For this ICR, O&M costs cover postage and an envelope fo r reports sent to other parties (49 cents postage, 10 cents per envelope). The O&M cost s for the Universal Wastes is $1,604, for Mixed Wastes is $954, and for Used Oil is $10, 011,392. The reason the Used Oil O&M costs are so high is because of the cost of the halogen test, which is $5.71 per test.

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

EPA estimates an average hourly labor cost of $87. 42 for legal staff (GS15, Step 5), $77.14 for managerial staff (GS-15, Step 1), $55.50 for technical staff (GS-13, Step 1), and $23.68 for clerical staff Cost per cabinet 550.00 $

Pages per cabinet 16,000

Number of destination

pages 96,465

Number of LQHUW

pages 55,245

Total number of pages 151,710

Total number of file

cabinets 9

Total cost of file

cabinets 4,950.00 $

Discount factor over 3

years at 7% 2.643

Total cost per year 1,872.87 $25 (GS-06, Step 1). To derive these hourly estimates, EPA referred to the General Schedule (GS) Salary Table 2011. This publication summarizes the unloaded (base) hourly rate for various labor categories in the Federal Government. EPA then applied the standar d government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates.

Only 6% of the burden and costs associated with this ICR are Federal Agency burden, the rest is administered by U.S. States and Territories.

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

EPA estimates an average hourly respondent labo r cost (including fringe and overhead) of $57.54 for legal staff, $54.02 fo r managerial staff, $32.32 for technical staff, and $20.62 for clerical staff. These State agency labor costs were obtained from the previously ap proved ICR and updated to 2014 levels using Employment Cost Indexes deve loped by the U.S. Bureau of Labor Statistics.

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

The Universal Waste management system cove rs handlers of hazardous waste batteries, pesticides, mercury-containing equipment, and lamps. Hazardous waste batteries consist of sealed nickel-cadmium (n-c) batteries, vented n-c batteries , and mercuric oxide batteries. Hazardous waste pesticides consist of pesticides that are recalled by a manufacturer, and unused pesticides that are collected and managed as part of a waste pesticide collection and disposal program administered or recognized by a state. Hazardous waste mercury- containing equipment consists of thermostats, barometers, manometers, and mercury switches such as light switches in automobiles. Hazardous waste lamps consist of the bulb or tube portion of an electric lighting device, such as fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

A. Reading the Regulations

EPA expects that all Universal Wa ste handlers and destination facilities will spend 0.5 hours each year reading the applicable regulations.

B. Notification

All LQHUWs are required to send to EPA a wri tten notification of Univ ersal Waste management under section 273.32. However, the following LQHU Ws do not need to notify: (1) a LQHUW that has already notified EPA of its hazardous wast e activities and received an EPA Identification Number; and (2) a LQHUW of exclusively recalle d Universal Waste pesticides that has sent notification to EPA requi red under FIFRA section 19(b) and 6(b) . EPA estimates that 20 percent of LQHUWs need to notify EPA of their activities each year.

C. Labeling/Marking

All SQHUWs and LQHUWs must label or mark thei r Universal Waste for i dentification purposes. EPA expects that all SQHUWs and LQHUWs label or mark containers, tanks, and transport

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

of Universal Waste but rather accumulate them in clearly marked containers and vehicles, thus minimizing the recordkeeping burden.

D. Storage Time Limits26 EPA expects all handlers subject to the Universa l Waste management syst em to keep records

under sections 273.15 and 273.35 that demonstrate how long thei r waste has be en stored. EPA estimates that 80 percent of handlers make this de monstration by labeling storage containers or storage areas with the earliest date that Universal Waste became a waste or was received. EPA estimates that the other 20 perc ent of facilities use a standard bu siness practice to account for storage time; these fac ilities therefore are not burdened in this ICR.

E. Off-Site Shipments

All SQHUWs, LQHUWs, and destination facilities are required to notify an originating handler if a Universal Waste shipment is reje cted. (See Table 3 for the estimated number of total shipments sent and received by Universal Wa ste handlers.) EPA estimates that 0.5 percent of all shipments received by SQHUWs, LQHUWs, and dest ination facilities are rejected.

All SQHUWs, LQHUWs, and destination facilities also are required to notify EPA if they receive a shipment containing hazardous wa ste that is not a Universal Wa ste. EPA estimates that 0.25 percent of all shipments rece ived are illegal shipments.

F. Responses

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

Table 1 Estimated Annual Number of Universal Waste Shipments and Responses

Facility Type Number Shipments per

Handler Number of Shipments Number of Responses

SQHUWs 116,733 1 116,733 116,733

LQHUWs 11,545 2 23,090 23,090

Destination Facilities 342 3 1,026 1,026

Total 128,620 n/a 140,849 140,849

G. Tracking Shipments

Table 1 presents the estimated number of Univ ersal Waste shipments each year. LQHUWs and destination facilities are required under sections 273.39(a) and 273.62(a) to keep records of each shipment of Universal Waste re ceived. EPA estimates that 75 pe rcent of all Universal Waste shipments are received by destinat ion facilities, with the rema ining 25 percent received by LQHUWs for consolidation and eventual shipment.

LQHUWs also are required under section 273.39(b) to keep records of each Universal Waste shipment sent off-site to another facility.

H. Petitions to Include Other Wastes under 40 CFR Part 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 wi th the Universal Waste requirements is summarized in Exhibit 2.

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

A. Storage and Treatment Conditional Exemption

According to the 2013 Hazardous Waste Report 1, 488 handlers claimed to have generated mixed

waste. EPA assumes that thes e respondents will read the r egulations for the Storage and Treatment Conditional Exemption once during the th ree-year life of the ICR. In estimating the annual respondent hour a nd cost burden over the three-year period cove red by this ICR, EPA

annualized the hour and cost burden of this on e-time activity by dividing the number of respondents by three. Thus, EPA estimates t hat 163 respondents (i.e ., 488 respondents / 3 years), on average, will read the regulations each year.

The conditions in secti on 266.230 include prepari ng and submitting a notification to EPA or the Authorized State claiming the exemption and prepar ing a certification that all facility personnel have been appropriately trained. EPA estimates that 163 sites will perform these activities each year during the three-year period covered by this ICR. (N ote 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 also must inventory their conditionally exempt LLMW at least annually, inspect the conditionally exempt LLMW at leas t quarterly (488 sites * 4 inspections = 1,952 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, invent ory, and emergency preparedness and contingency planning requirements under the NRC regulations. EPA therefore does not expect licensees to

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

Licensees would lose the exemption if their LLMW failed to satisfy any of the conditions listed at section 266.230. Based on its best judgment, EPA estimates that, each year, five percent of licensees (488 sites * 0.05 = 24 sites) would need to report to EPA or the Authorized State their failure to meet a condition. Of these, an estima ted one percent (24 sites * 0.01 = 0 sites) would need to telephone EPA and follow up with a written report, informing the Agency of a threat to

human health or the environment.

Licensees that lose the exempt ion for their LLMW must notify EPA or the Authorized State to reclaim the exemption. EPA estimates that all of the licensees losing t he exemption each year (24 sites) will provide notice to EPA or the Au thorized State that they are reclaiming the exemption.

These assumptions are reflected in Exhibit 3.

B. Transportation and Disposal Conditional Exemption

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

1 Data current as of December 15, 2014.28 Mixed Waste (National Profile) 2

, 3, EPA estimates that about 46 lic ensed nuclear po wer reactors in the U.S. generate listed LLMW and would treat it on site and claim the disposal exemption.

EPA also estimates that four commercial mix ed waste treatment fac ilities would claim the disposal exemption for their treated eligible mix ed waste.4 In total, EPA estimates that about 50 licensees would claim the disposal exemption. Each of these lic ensees is expected to read the regulations once over the three-year life of this ICR (i.e., 50 sites / 3 years = 17 sites per year).

For the purposes of this analysis, EPA assumes that no other licensee g enerators would claim the exemption. Rather, these licensees would se nd their eligible waste to a commercial mixed waste treater in compliance with the full RCRA regulations, as applicable

As required by section 266. 345(a), licensees must submit a one-time notice to EPA or the Authorized State stating that they are claiming the exemption prior to the initial shipment of an exempted waste to the LLRWDF. This ICR estimates that 17 licen sees will submit a notification to EPA or the Authorized State each year.

Further, licensees also must submit a notificat ion to the LLRWDF prior to each shipment of exempted waste. Based on its best profession al judgment, EPA assumes that each of the 46 nuclear power reactors qualifies as a RCRA lar ge quantity generator (i.e., for their eligible mixed

waste and other haza rdous wastes generated). EPA estimates t hese reactors would send, on average, four shipments of exem pted waste offsite each year (i.e., once every 90 days). In total,

EPA estimates these nuclear reac tors would make about 184 sh ipments in total each year (i.e., 46 nuclear power reactors x 4 shipments/reactor). In addition, EPA estimates that the four

commercial mixed waste treatment facilities w ill each send one shipment of exempted waste to the LLRWDF each year (4 shipment s per year). That is, EPA expects these facilities to store their treated waste on site during the year in or der to minimize the number of shipments to the

LLRWDF. In total, EPA estimates that these generator and treater lice nsees would make 188 shipments of exempted waste annually and that t hey would therefore need to prepare and submit 188 notifications to LLRWDFs annually.

Note that once the eligible mixed waste is plac ed on the truck en route to the LLRWDF, it exits RCRA Subtitle C regulation. The licensees n eed not prepare a RCRA manifest for the shipment; however, they must transmit the NRC Uniform LLW Manifest (not burdened in this ICR).

Any waste will automatically lose its exemption if it is not managed in accordance with all of the applicable conditions specified in section 266.315. EPA or the Authorized State may conduct inspections and audits of the generator of the waste and any other person claiming the exemption. If the claimant fails to satisfy any of the specified conditions, the conditional exemption would be void. The claimant must not ify EPA or the Authorized State of the failure within 30 days from the date when the failure be comes known. Based on its best professional judgment, EPA estimates that, each year, about five percent of licensees (50 sites * 0.05 = 3 sites) would submit this notification. Of thes e, an estimated one percent (3 sites*0.01 = 0 sites) would need to telephone EPA or the Authorized St ate and follow up with a report because the

failure threatens human health or the environment.

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

2 Klein, J.A., J.E. Mrochek, R.L. Jolley, I.W . Osborne-Lee, A.A. Francis and T. Wright, National Profile on Commercially Generated Low-Lev el Radioactive Mixed Waste , Oak Ridge Laboratory, prepared for the U.S. Nuclear Regulatory Commission and the U.S. Environmental Protection Agency, December 1992.

3 This is the most recent available dat a on commercially generated LLMW. Refer to http://www.epa.gov/rpdweb00/mixed-waste/nat_prof.html , last accessed on January 20, 2015.

4 The four commercial treatment fa cilities include EnergySolutions’ Clive, DSSI, Perma-Fix of Florida, and

NSSI.29 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 mainta in records as specified at section 266.350 (e.g., copy of notifications, return receipts). EPA estimates that each of the 50 licensees claiming the exemption would need to keep and update these records annually.

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

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

Based on an analysis of readily available data, EPA estimates that 379 used oil transporters and transfer facilities will be subject to the information collection requirements in part 279, subpart E during the three-year period of this ICR.

In addition, based on previous consultations with industry representativ es, 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 th ree-year period of this ICR. EPA also estimates that 750 used oil burners will be subject to the information collection requirements in part 279, subpart G.

EPA further estimates that 340 used oil fuel market ers are subject to the information collection requirements in part 279, subpart H.

Table 2 shows the estimated number of used oil handlers subject to the information collection requirements covered in this ICR.

Table 2 Number of Respondents Subject to the Used Oil Requirements

Type of Respondent Number of Respondents

Used oil transporters and transfer facilities 3,503

Used oil processors and re-refiners 658

Burners of off-specification used oil 903

Used oil fuel marketers 1,698

Total 5,430*

*Total number of respondents is not equal to the sum of the various types of respondents because some facilities may conduct more than one ac tivity (e.g., a facility may be a used oil transporter and a used oil fuel marketer).

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 Tally30 Table 3 summarizes all the annual respondent burden in hours and cost for this ICR.

Table 3 Summary of Annual Respondent Bottom Line Hours and Costs

Universal

Waste Mixed

Waste Used Oil Total

Number of respondents 128,620 180 5,430 134,230

Total annual responses 140,849 4,231 6,762 151,842

Total annual hours for reporting 199,832 325 457,744 657,901

Total annual hours for recordkeeping 15,172 141 2,542 17,855

Total annualized capital/startup costs $1,873 $0 $0 $1,873

Total annual O&M costs $1,604 $954 $10,011,392 $10,013,950

(ii) State Agency Tally

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

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

burden of 3,277 hours a nd a cost of $122,947. For the Mixed Waste exem ptions, EPA estimates an annual State Agency burden of 17 hours and a cost of $876. For the Used Oil Management Standards, EPA estimates an annual State Agency burden of 304 hours and a cost of $16, 705. The total annual State Agency burden for this ICR is therefore 3,598 hours and $140,527.

(iii) Federal Tally

Most States have assumed the programs covered by this ICR, however, 6% of the total universe is still administered by EPA Regions. The total burden to the Federal government is estimated at $4,000.

Universal Waste Mixed Waste Used Oil Total

O&M/Capital/Startup Costs $3,477 $954 $10,011,392 $10,015,823

Private Labor Cost $11,896,866 $23,460 $22,661,276 $34,581,602

State Labor Cost $122,947 $876 $16,704 $140,527

Total $12,023,290 $25,290 $32,689,372 $44,737,952

6(f) Reasons for Change in Burden

There is an increase of 28,189 hours in the tota l annual hourly burden. The increase is due to updating the current universe estimates based on the most recent data. The biggest increase being in

the number of Universal Waste and Mixed Waste respondents.

6(g) Burden Statement

The annual public reporting burden for this collect ion of information is estimated to average 4.531 hours per response. The total public recordkeeping burden for the Universal Waste requirements is estimated to average 0.2 hours per response.

Burden means the total time, effort, and financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, pr ocessing 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 resp ond to a collection of information; search data sources; complete and review the collection of info rmation; and transmit or otherwise disclose the information. An agency may not conduct or spon sor, and a person is not required to respond to, a collection of information unless it displays a cu rrently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on EPA 's need for this information, the accura cy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this IC R under Docket ID Number EPA-HQ-RCRA2014-0694 , 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), WJC West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Publ ic Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov . This site can be used to submit or view public comments, access the index listing of the c ontents of the public docket, and to access those documents in the public docket that are available elec tronically. 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 Regulatory Affairs, Office of M anagement and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer fo r EPA. Please include the EPA Docket ID Number EPA-HQRCRA-2014-0694 and O MB Control Number 2050-0145 in any correspondence.32EXHIBIT 1REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTE HANDLERS AND DESTINATION FACILITIESANNUAL ESTIMATED RESPONDENT BURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsO&M CostsPostage/ Cost per Number ofLegal Manager Technical Clerical Shipping Respondent Respondents Total Hours Total Cost@ $129.82/hr @ $76.73/hr @ $57.16/hr @ $34.39/hr @ $0.49/doc or Activity or Activities per Year per YearREADING THE REGULATIONSRead the Universal Waste RegulationsSQHUWs 0.10 0.17 0.25 0.00 $0.00 $40.32 116,733 60,701 $4,706,675LQHUWs 0.10 0.17 0.25 0.00 $0.00 $40.32 11,545 6,003 $465,494Destination facilities 0.10 0.17 0.25 0.00 $0.00 $40.32 342 178 $13,789SUBTOTAL 0.10 0.17 0.25 0.00 $0.00 $40.32 128,620 66,882 $5,185,958NOTIFICATION (273.32)Prepare written notification of universal waste managementLQHUWs 0.00 1.00 0.50 0.75 $0.00 $131.10 2,309 5,195 $302,710Submit written notification of universal waste managementLQHUWs 0.00 0.00 0.00 0.16 $0.49 $5.99 2,309 369 $13,831SUBTOTAL 0.00 1.00 0.50 0.91 $0.49 $137.09 2,309 5,564 $316,541LABELING/MARKING (273.14 and 273.34)Label or mark the universal waste or storage container to identify the type of universal wasteSQHUWs 0.00 0.00 0.25 0.25 $0.00 $22.89 116,733 58,367 $2,672,018LQHUWs 0.00 0.00 0.50 0.50 $0.00 $45.78 11,545 11,545 $528,530SUBTOTAL 0.00 0.00 varies varies $0.00 varies varies 69,912 $3,200,548STORAGE TIME LIMITS(273.15 and 273.35)Mark or label storage container or area used to store universal waste with the date the waste was received or became a wasteSQHUWs 0.00 0.00 0.25 0.25 $0.00 $22.89 93,386 46,693 $2,137,606LQHUWs 0.00 0.00 0.50 0.50 $0.00 $45.78 9,236 9,236 $422,824SUBTOTAL 0.00 0.00 varies varies $0.00 varies varies 55,929 $2,560,430OFF-SITE SHIPMENTS (273.18,273.36, and 273.61)Prepare notice to originating handler of rejection of universal waste shipmentSQHUWs and LQHUWs 0.00 0.25 0.25 0.15 $0.00 $38.63 161 105 $6,219Destination Facilities 0.00 0.25 0.25 0.15 $0.00 $38.63 482 313 $18,620Submit notice to originating handler of rejection of universal waste shipmentSQHUWs and LQHUWs 0.00 0.00 0.00 0.16 $0.49 $5.99 161 26 $964Destination Facilities 0.00 0.00 0.00 0.16 $0.49 $5.99 482 77 $2,887Prepare notice to EPA of illegal waste shipmentsSQHUWs and LQHUWs 1.00 0.50 0.50 0.25 $0.00 $205.36 80 180 $16,429Destination Facilities 1.00 0.50 0.50 0.25 $0.00 $205.36 241 542 $49,492Submit notice to EPA of illegal waste shipmentsSQHUWs and LQHUWs 0.00 0.00 0.00 0.16 $0.49 $5.99 80 13 $479Destination Facilities 0.00 0.00 0.00 0.16 $0.49 $5.99 241 39 $1,444SUBTOTAL varies varies varies varies varies varies varies 1,295 $96,53433TRACKING UNIVERSAL WASTE SHIPMENTS (273.39 and 273.62)Keep a record of each shipment of universal waste receivedLQHUWs 0.00 0.00 0.00 0.10 $0.00 $3.44 32,155 3,216 $110,613Destination Facilities 0.00 0.00 0.00 0.10 $0.00 $3.44 96,465 9,647 $331,840Keep a record of each shipment of universal waste sent to other facilitiesLQHUWs 0.00 0.00 0.00 0.10 $0.00 $3.44 23,090 2,309 $79,430SUBTOTAL 0.00 0.00 0.00 0.10 $0.00 varies varies 15,172 $521,883PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273 (273.80 and 278.81)Prepare a petition supporting regulation under Part 273 for awaste or waste category30.00 40.00 150.00 30.00 $0.00 $16,569.50 1 250 $16,570Submit a petition supporting regulation under Part 273 for a wasteor waste category0.00 0.00 0.00 0.16$0.49 $5.9910.16 $6SUBTOTAL 30.00 40.00 150.00 30.16 $0.49 $16,575.49 1 250 $16,576TOTALvaries varies varies varies varies varies varies 215,004 $11,898,47034EXHIBIT 2REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTEHANDLERS AND DESTINATION FACILITIESANNUAL RESPONDENT BURDEN AND COST SUMMARYRespondent Type Total Hours Labor Costs Capital Costs O&M Costs Total CostsSQHUWs 166,056 $9,538,114.35 --- $107.46 $9,538,221.81LQHUWs 37,902 $1,924,458.15 --- $1,142.04 $1,925,600.19Destination Facilities 10,796 $417,717.73 --- $354.27 $418,072.00Petitioners 250 $16,575.51 --- $0.49 $16,576.00Capital Costs --- --- $1,872.87 --- $1,872.87TOTAL 215,004 $11,896,865.74 $1,872.87 $1,604.26 $11,900,342.8735EXHIBIT 3CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSALESTIMATED ANNUAL RESPONDENT BURDEN AND COSTSTORAGE AND TREATMENT CONDITIONAL EXEMPTIONTotal Hours and Costs129.82$ 76.73$ 57.16$ 34.39$Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total$129.82/ $76.73/ $57.16/ $34.39/ Hours/ Cost/ Startup O & M or Hours/ Cost/INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year YearReading the RegulationsRead the regulations 0.500.502.00-3.00193.28$ -$ -$ 27 81 $5,219Storage and Treatment Conditional Exemption and EligibilityPrepare and submit notification of intent to claim exemption(266.230(a)) 0.100.251.000.251.6089.45$ -$ 3.00$ 27 43 $2,496Prepare certification that facility personnel have beenappropriately trained (266.230(b)(3)) -0.080.17-0.2515.61$ -$ -$ 27 7 $421Inventory conditionally exempt LLMW and record findings(annually) (266.230(b)(4)) --0.08-0.084.44$ -$ -$ 83 7 $369Conduct compliance inspections of conditionally exemptLLMW and record findings (quarterly) (266.230(b)(4)) --0.08-0.084.44$ -$ -$ 332 27 $1,474Maintain emergency contingency plan on-site and provide itto local authorities (266.230(b)(5)) ---0.100.102.37$ -$ 1.00$ 83 8 $280Loss of Conditional ExemptionPrepare and submit written notification of exemption loss(266.240(a)(1)) -0.251.500.252.00108.46$ -$ 6.00$ 4 8 $458Inform EPA Region or the Authorized State orally ofexemption loss with a follow-up written notification in casesof endangerment to human health or the environment(266.240(a)(2)) -0.250.50-0.7547.04$ -$ 5.00$ --$0Prepare and submit notice reclaiming the exemption forLLMW (266.245(a)) -0.254.000.755.00259.05$ -$ 3.00$ 4 20 $1,048Record KeepingMaintain and update records of notifications, returnreceipts, failure report(s), inventories, inspections,certifications, and emergency plans (266.250)---1.001.0023.68$ -$ 1.00$ 83 83 $2,048SubtotalVaries Varies Varies Varies Varies Varies 0 Varies 670 284 $13,813Hours and Costs Per Respondent Per Activity36EXHIBIT 4CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSALESTIMATED ANNUAL RESPONDENT BURDEN AND COSTTRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTIONTotal Hours and Costs129.82$ 76.73$ 57.16$ 34.39$Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total$129.82/ $76.73/ $57.16/ $34.39/ Hours/ Cost/ Startup O & M or Hours/ Cost/INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year YearReading the RegulationsRead the regulations 0.500.502.00-3.00193.28$ -$ -$ 17 51 $3,286NotificationsPrepare and submit notification to EPA or the AuthorizedState (266.345(a)) 0.100.251.000.251.6089.45$ -$ 3.00$ 17 27 $1,572Prepare and submit notification to LLRWDF (prior to eachshipment of exempted waste) (266.345(b)) --0.25-0.2513.88$ -$ 3.00$ 188 47 $3,173Record KeepingCopy and maintain exemption records (266.350) ---1.001.0023.68$ -$ 1.00$ 50 50 $1,234Loss of Conditional ExemptionPrepare and submit notification of the failure (266.355(a))0.100.251.500.252.10117.20$ -$ 3.00$ 1 2 $120InformEPARegion ortheAuthorizedState orally ofexemption loss with a follow-up notification in cases ofendangerment to human health or the environment(266.355(a)(2))-0.250.50-0.7547.04$ -$ 5.00$ --$0Prepare and submit the notice for reinstatement(266.360(a)(2)) -0.254.000.755.00259.05$ -$ 3.00$ 1 5 $262SubtotalVaries Varies Varies Varies Varies Varies 0 Varies 274 182 $9,647Hours and Costs Per Respondent Per ActivityEXHIBIT 5CONDITIONAL EXEMPTION FOR LOW-LEVEL MIXED WASTE STORAGE AND DISPOSALTOTAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST SUMMARYExhibit Title Annual ActivitiesAnnual HourlyBurdenAnnualLaborCostAnnual Capital/Startup CostAnnualO&MCostTotalAnnualCostExhibit 3 Storage and Treatment Conditional Exemption 670 284 $13,813 $0 $283 $14,096Exhibit 4 Transportation and Disposal Conditional Exemption274 182 $9,647 $0 $671 $10,318Annual Total944 466 $23,460 $0 $954 $24,41437Exhibit 6Used Oil M anagement StandardsEstimated Respondent Hour and Cost BurdenM anagerial Technical Clerical@ $76.73/Hr @ $57.16/Hr@$34.39/HrRead the regulations 2.00 1.50 0.00 3.50 $239.05 $0.00 $0.00 379 1,326.50 $90,599.95Notify local authorities of the used oil discharge 0.25 1.00 0.00 1.25 $76.24 $0.00 $0.00 4 5.00 $304.96Determine whether the total halogen content of used oil beingtransported or stored at a transfer facility is above or below 1,000ppm0.00 0.10 0.00 0.10 $5.71 $0.00 $5.70 1,755,907 175,590.70 $20,034,898.87Rebut the hazardous waste presumption by demonstrating thatthe used oil does not contain hazardous waste, if desired 1.50 8.00 0.50 10.00 $588.77 $0.00 $0.00 0 0.00 $0.00M aintain records of analyses conducted or information used todemonstrate compliance with the rebuttable presumption for usedoil for at least three years 0.00 0.00 0.01 0.01 $0.34 $0.00 $0.00 1,755,907 17,559.07 $597,008.38193,149.77 $20,631,907.25Prepare and maintain, for at least three years, a record of eachused oil shipment accepted for transport 0.00 0.03 0.05 0.08 $3.50 $0.00 $0.00 1,516,000 124,312.00 $5,306,000.00Prepare and maintain, for at least three years, a record of eachused oil shipment delivered to another used oil transporter, or to aused oil burner, processor/re-refiner, or disposal facility 0.00 0.03 0.05 0.08 $3.50 $0.00 $0.00 200,870 16,471.34 $703,045.00Prepare and maintain, for at least three years, a record of eachused oil shipment exported to any foreign country 0.00 0.03 0.05 0.08 $3.50 $0.00 $0.00 1,500 123.00 $5,250.00140,906.34 $6,014,295.00335,387.61 $ 26,737,107.16TotalHours/YearReading the RegulationsUsed Oil Transporters and Transfer FacilitiesHours and Cost per Respondent Total Hours and CostsINFORM ATION COLLECTION ACTIVITYRespondentHours Labor CostUsed Oil Discharges (§279.43(c))Rebuttable P resumption for Used Oil (§279.44)SubtotalCapital/Startup Costs O&M Costs Total Costs/YearNumber ofRespondents/ActivitySubtotalTracking (§279.46)TOTAL38Exhibit 7Used Oil M anagement StandardsEstimated Respondent Hour and Cost BurdenM anagerial Technical Clerical@ $76.73/Hr @ $57.16/Hr@$34.39/HrRead the regulations 6.67 6.83 0.00 13.50 $901.51 $0.00 $0.00 150 2,025.00 $135,226.50Document in the operating record any case in which a State orlocal authority declines to enter into an arrangement 0.25 1.00 0.50 1.75 $93.44 $0.00 $0.00 0 0.00 $0.00Collect information necessary to develop the contingency plan 0.00 4.00 0.00 4.00 $228.24 $0.00 $0.00 2 8.00 $456.48Develop and maintain the contingency plan 0.50 10.00 0.00 10.50 $608.97 $0.00 $0.00 2 21.00 $1,217.94Submit a copy of the contingency plan to all State and localauthorities 0.00 0.00 0.25 0.25 $8.60 $0.00 $3.95 2 0.50 $25.10Review and amend the contingency plan, as necessary 2.60 3.20 0.70 6.50 $406.16 $0.00 $0.00 2 13.00 $812.3242.50 $2,511.84Notify the appropriate State and local agencies of an imminent oractual emergency situation 0.25 0.00 0.00 0.25 $19.18 $0.00 $0.00 2 0.50 $38.36Collect information necessary for an emergency report 0.00 1.00 0.00 1.00 $57.06 $0.00 $0.00 2 2.00 $114.12Notify the appropriate local authorities, if the hazards assessmentindicates that evacuation of local areas may be advisable 0.25 0.00 0.00 0.25 $19.18 $0.00 $0.00 2 0.50 $38.36Submit an emergency report to either the OSC or the NRC 0.25 0.00 0.00 0.25 $19.18 $0.00 $0.00 2 0.50 $38.36Compile information that demonstrates that the facility is incompliance with §§279.52(b)(6)(viii)(A) and (B) 0.00 1.00 0.00 1.00 $57.06 $0.00 $0.00 2 2.00 $114.12Prepare and submit notification demonstrating compliance toEPA and local authorities 0.25 1.00 0.00 1.25 $76.24 $0.00 $0.49 2 2.50 $153.46Note in the operating record the time, date, and details of theemergency incident 0.00 0.50 0.00 0.50 $28.53 $0.00 $0.00 2 1.00 $57.06Collect information required in the written report on theemergency incident 0.00 1.00 0.50 1.50 $74.26 $0.00 $0.00 2 3.00 $148.52Prepare and submit to EPA the written report on the emergencyincident, within 15 days after the emergency incident 0.25 4.00 0.50 4.75 $264.62 $0.00 $3.95 2 9.50 $537.1421.50 $1,239.50SubtotalReading the RegulationsA rrangements with State and Lo cal A utho rities (§279.52(a)(6))INFORM ATION COLLECTION ACTIVITYLabor CostTotal Costs/YearTotalHours/YearUsed Oil P rocessors and Re-RefinersNumber ofRespondents/ActivityC o ntingency P lan (§279.52(b)(1)-(4))SubtotalTotal Hours and CostsHours and Cost per RespondentRespondentHoursCapital/Startup Costs O&M CostsEmergency P ro cedures (§279.52(b)(6))39Exhibit 7 (co ntinued)Used Oil M anagement StandardsEstimated Respondent Hour and Cost BurdenM anagerial Technical Clerical@ $76.73/Hr @ $57.16/Hr@$34.39/HrPrepare and submit to EPA a demonstration demonstrating thatnot all contaminated soils can be practicably removed ordecontaminated as required by §279.54(h)(1)(i), if applicable 2.00 40.00 0.50 42.50 $2,453.06 $0.00 $3.95 1 42.50 $2,457.01Develop a written analysis plan describing the procedures that willbe used to comply with the analysis requirements of §279.53 and,if applicable, §279.72 0.25 4.00 0.00 4.25 $247.42 $0.00 $0.00 2 8.50 $494.84Follow the analysis plan 2.38 1.40 1.90 5.68 $327.84 $0.00 $0.00 150 852.00 $49,176.00M aintain the analysis plan at the facility 0.00 0.00 0.02 0.02 $0.69 $0.00 $0.00 150 3.00 $103.50863.50 $49,774.34Prepare and maintain, for at least three year, a record of eachused oil shipment accepted for processing/re-refining 0.00 0.03 0.06 0.09 $3.78 $0.00 $0.00 187,350 16,861.50 $708,183.00Prepare and maintain, for at least three years, a record of eachused oil shipment that is shipped to a used oil burner,processor/re-refiner, or disposal facility 0.00 0.03 0.06 0.09 $3.78 $0.00 $0.00 300,000 27,000.00 $1,134,000.0043,861.50 $1,842,183.00As information becomes available, record in the operating recordthe results of used oil analyses performed as described in theanalysis plan required under §279.55 and summary reports anddetails of all emergency incidents as specified in §279.52(b) 40.25 0.00 30.65 70.90 $4,142.44 $0.00 $0.00 150 10,635.00 $621,366.00Prepare and submit to EPA a biennial report (by M arch 1 of eacheven numbered year) concerning used oil activities during theprevious calendar year 1.35 0.88 2.80 5.03 $250.09 $0.00 $3.95 100 503.00 $25,404.0057,994.50 $ 2,680,162.19Total Costs/YearINFORM ATION COLLECTION ACTIVITYNumber ofRespondents/ActivityOperating Record (§279.57(a))Reporting (§279.57(b))C lo sure o f A bo vegro und T anks (§279.54(h)(1)(ii))Tracking (§279.56)SubtotalUsed Oil P rocessors and Re-RefinersTotalHours/YearO&M CostsA nalysis P lan (§279.55)SubtotalTOTALRespondentHours Labor CostCapital/Startup CostsHours and Cost per Respondent Total Hours and Costs40Exhibit 8Used Oil M anagement StandardsEstimated Respondent Hour and Cost BurdenM anagerial Technical Clerical@ $76.73/Hr @ $57.16/Hr@$34.39/HrRead the regulations 0.00 13.00 0.00 13.00 $741.78 $0.00 $0.00 750 9,750.00 $556,335.00Determine whether the total halogen content of used oil managedat the facility is above or below 1,000 ppm 0.00 0.10 0.00 0.10 $5.71 $0.00 $5.70 0 0.00 $0.00Iftheusedoilcontainsgreaterthanorequalto1,000ppmtotalhalogens, rebut the hazardous waste presumption bydemonstrating that the used oil does not contain hazardouswaste, if desired 1.50 8.00 0.50 10.00 $588.77 $0.00 $0.00 0 0.00 $0.00M aintain records of analyses conducted or information used todemonstrate compliance with the rebuttable presumption for usedoil for at least three years 0.00 0.00 0.02 0.02 $0.69 $0.00 $0.00 750 15.00 $517.5015.00 $517.50Prepare and maintain, for at least three year, a record of eachused oil shipment accepted for burning 0.03 0.08 0.03 0.14 $7.90 $0.00 $0.00 13,500 1,890.00 $106,650.00Provideaone-timewrittenandsignedcertificationtoeachgenerator, transporter, or processor/refiner who ships used oil tothe burner 0.10 0.00 0.00 0.10 $7.67 $0.00 $0.49 750 75.00 $6,120.00M aintain the certification for three years after the date the burnerlast receives a used oil shipment from that generator, transporter,or processor/re-refiner 0.82 0.00 0.01 0.83 $63.26 $0.00 $0.00 750 622.50 $47,445.00697.50 $53,565.0012,352.50 $ 717,067.50Tracking (§279.65)Reading the RegulationsNumber ofRespondents/ActivityRespondentHoursCapital/Startup CostsNotices (§279.66(a))TOTALSubtotalRebuttable P resumption for Used Oil (§279.63)SubtotalTotal Costs/YearINFORM ATION COLLECTION ACTIVITYO&M CostsUsed Oil B urners Who B urn Off-Specificatio n Used Oil fo r Energy R eco veryLabor CostHours and Cost per RespondentTotalHours/YearTotal Hours and Costs41Exhibit 9Used Oil M anagement StandardsEstimated Respondent Hour and Cost BurdenM anagerial Technical Clerical@ $76.73/Hr @ $57.16/Hr@$34.39/HrRead the regulations 0.25 0.50 0.00 0.75 $47.71 $0.00 $0.00 340 255.00 $16,221.40Perform used oil analyses or obtain copies of analyses or otherinformation documenting that the used oil fuel meets thespecifications under §279.11. 3.20 78.50 73.23 154.93 $7,243.13 $0.00 $5.70 340 52,676.20 $2,464,602.20Retain copies of analyses or other information used to make theon-specification used oil fuel determination for three years 0.00 0.00 0.02 0.02 $0.69 $0.00 $0.00 340 6.80 $234.6052,683.00 $2,464,836.80Prepare and maintain, for at least three years, a record of eachshipment of off-specification used oil fuel shipped to a burner 0.00 0.03 0.06 0.09 $3.78 $0.00 $0.00 0 0.00 $0.00Prepare 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 $3.78 $0.00 $0.00 0 0.00 $0.000.00 $0.00Obtain a one-time written and signed certification from the burner 0.00 0.24 4.48 4.72 $167.76 $0.00 $0.00 340 1,604.80 $57,038.40M aintain the certification for three years from the date the lastshipment of off-specification used oil is shipped to the burner 0.00 0.00 0.02 0.02 $0.69 $0.00 $0.00 340 6.80 $234.601,611.60 $57,273.0054,549.60 $ 2,538,331.20SubtotalSubtotalTOTALNotices (§279.75(a))Hours and Cost per Respondent Total Hours and CostsA nalysis o f On-Specificatio n Used Oil F uel (§279.72(a))Total Costs/YearCapital/Startup CostsTracking (§279.74(a)-(b))Number ofRespondents/ActivityTotalHours/YearO&M CostsSubtotalReading the RegulationsINFORM ATION COLLECTION ACTIVITYRespondentHoursUsed Oil Fuel M arketersLabor Cost42Exhibit 10Used Oil M anagement StandardsSummary o f R espo ndent H o ur and C o st B urdenUsed oil transporters and transfer facilities 335,388 $16,728,437 $0 $10,008,670 $26,737,107Used oil processors and re-refiners 57,995 $2,679,746 $0 $416 $2,680,162Used oil burners who burn off-specification used oil for energyrecovery 12,353 $716,700 $0 $368 $717,068Used oil fuel marketers 54,550 $2,536,393 $0 $1,938 $2,538,331T OT A L 460,286 $ 22,661,276 $ 0 $ 10,011,392 $ 32,672,668T ype o f R espo ndentTotal CostsTotal O&MCostsTotalHoursTotal LaborCostsTotalCapitalCosts43EXHIBIT 11REPORTING AND RECORDKEEPING REQUIREMENTS FOR UNIVERSAL WASTEANNUAL ESTIMATED STATE AGENCY BURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsO&M CostsLegal Managerial Technical Clerical Post/Shipping Respondent Respondents Total Hours Total Cost@ $60.57/hr @ $56.86/hr @ $34.02/hr @ $21.70/hr @ $0.49/doc or Activity or Activities per Year per YearNOTIFICATION (273.62)Review notification for completeness and accuracyLQHUWs 0.00 0.00 0.25 0.00 $0.00 $8.51 2,309 577 $19,650Issue EPA ID number to LQHUWLQHUWs 0.00 0.00 0.00 0.25 $0.00 $5.43 2,309 577 $12,538Enter information into DatabaseLQHUWs0.00 0.00 0.00 0.25 $0.00 $5.43 2,309 577 $12,538SUBTOTAL0.00 0.00 0.25 0.50 $0.00 $19.37 2,309 1,731 $44,726OFF SITE SHIPMENTS (273.18, 273.36, and 273.61)Review and file notice of illegal shipmentLQHUWs 2.00 1.00 1.00 0.25 $0.00 $217.45 80 340 $17,396Destination Facilities2.00 1.00 1.00 0.25 $0.00 $217.45 241 1,024 $52,405SUBTOTAL2.00 1.00 1.00 0.25 $0.00 $217.45 321 1,364 $69,801PETITIONS TO INCLUDE OTHER WASTES UNDER 40 CFR PART 273 (278.80 AND 273.81)Review petition and make a decision on the applicabilityof regulation under the universal waste program 40.00 50.00 80.00 0.00 $0.00 $7,987.40 1 170 $7,987Prepare and send written decision to the petitioner 2.00 2.00 2.00 2.00 $0.00 $346.30 1 8 $346Compile and file all information on the petition0.00 0.00 0.00 4.00 $0.00 $86.80 1 4 $87SUBTOTAL42.00 52.00 82.00 6.00 $0.00 $8,420.50 1 182 $8,420TOTALvaries varies varies varies $0.00 varies varies 3,277 $122,94744Exhibit 13Used Oil M anagement StandardsEstimated A nnual State A gency H o ur and C o st B urdenM anagerial Technical Clerical@ $56.86/Hr @ $34.02/Hr @ $21.70/HrReview demonstration 0.00 4.00 0.00 4.00 $219.76 $0.00 $0.00 0 0.00 $0.00Enter information into database 0.00 0.00 0.10 0.10 $2.37 $0.00 $0.00 0 0.00 $0.000.00 $0.00Review information in notification letter 0.10 0.40 0.00 0.50 $27.53 $0.00 $0.00 2 1.00 $55.06Review information in written report on emergency incident 0.00 1.00 0.00 1.00 $54.94 $0.00 $0.00 2 2.00 $109.88Review demonstration 0.00 4.00 0.00 4.00 $219.76 $0.00 $0.00 0 0.00 $0.00Enter information into database 0.00 0.00 0.10 0.10 $2.37 $0.00 $0.00 0 0.00 $0.00Review information demonstrating that not all contaminated soilscan be practicable removed or decontaminated as required bysection 249.54(h)(1)(i) 0.00 1.00 0.00 1.00 $54.94 $0.00 $0.00 1 1.00 $54.94Enter information into database 0.00 0.00 0.10 0.10 $2.37 $0.00 $0.00 1 0.10 $2.37Review biennial report concerning used oil activities conducted atprocessing/re-refining facility 0.00 3.00 0.00 3.00 $164.82 $0.00 $0.00 100 300.00 $16,482.00304.10 $16,704.25Review demonstration 0.00 4.00 0.00 4.00 $219.76 $0.00 $0.00 0 0.00 $0.00Enter information into database 0.00 0.00 0.10 0.10 $2.37 $0.00 $0.00 0 0.00 $0.000.00 $0.00304.10 $ 16,704.25TotalCosts/YearINFORM ATION COLLECTION ACTIVITYSubtotalUsed Oil Transporters and Transfer FacilitiesRebuttable P resumption for Used Oil (§279.44)Used Oil P rocessors and Re-RefinersSubtotalEmergency P ro cedures (§279.52(b)(6))Rebuttable P resumption for Used Oil (§279.53)Hours and Cost per Respondent Total Hours and CostsRespondentHours Labor CostCapital/Startup Costs O&M CostsNumber ofRespondents/ActivityTotalHours/YearClosure of Aboveground Tanks (§279.54(h)(1)(ii))Reporting (§279.57(b))TOTALUsed Oil B urners Who B urn Off-Specificatio n Used Oil fo r Energy R eco veryRebuttable P resumption for Used Oil (§279.63)Subtotal