### SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1189.24

IDENTIFICATION, LISTING AN D RULEMAKING PETITIONS (RENEWAL)

January 2012

### TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION...........................1 1(a) TITLE AN D NUMBER OF THE INFORMATION COLLECTION ..............1 1(b) SHORT CHARACTERIZATION ....................................................1

2. NEED FOR AND USE OF THE COLLECTION ............................................4 2(a) NEED AND AUTHORI TY FOR THE COLLECTION .............................4 2(b) PRACTICAL UTILIT Y AND USERS OF THE DATA ............................9

3. NONDUPLICATION, CONSULTATI ONS, AND OTHER COLLECTION

CRITERIA.................................... .................................................9 3(a) NONDUPLICATION .................................................................9 3(b) PUBLIC NOTICE REQUIRED PR IOR TO ICR SUBMISSIONS TO OMB .....10 3(c) CONSULTATIONS .................................................................10 3(d) EFFECTS OF LESS FREQUENT COLLECTION ................................10 3(e) GENERAL GUIDELINES ..........................................................10 3(f) CONFIDENTIALITY ................................................................11 3(g) SENSITIVE QUESTIONS ..........................................................11

4. THE RESPONDENTS AND THE INFORMATION REQUESTED... ..................11 4(a) RESPONDENTS AND NAICS CODES ...........................................11 4(b) INFORMATION REQUESTED ....................................................16

5. THE INFORMATION COLLECTED– AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ...........................46 5(a) AGENCY ACTIVITIES .............................................................46 5(b) COLLECTION METHODOLOGY AND MANAGEMENT .....................50 5(c) SMALL ENTITY FLEXIBILITY ...................................................50 5(d) COLLECTION SCHEDULE ........................................................51

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION ...................53 6(a) ESTIMATING RESPONDENT BURDEN .........................................53 6(b) ESTIMATING RESPONDENT COSTS ...........................................54 6(c) ESTIMATING AGEN CY BURDEN AND COST .................................55 6(d) ESTIMATING THE RESPO NDENT UNIVERSE AND TOTAL

BURDEN AND COSTS .............................................................55 6(e) BOTTOM LINE BURDEN HOURS AND COSTS ...............................76 6(f) REASONS FOR CHANGE IN BURDEN ..........................................76 6(g) BURDEN STATEMENT ............................................................77

ATTACHMENT - BURDEN ESTIMATE METHODOLOGY....................................79

### TABLE OF EXHIBITS

EXHIBIT 1 - READING THE REGULATIONS– ANNUAL ESTIMATED RESPONDENT

BURDEN AND COST.

................................................ ..............60

EXHIBIT 2 - RULEMAKING PETITIONS – ANNUAL ESTIMATED RESPONDENT

BURDEN AND COST...

.................................... ........................61

EXHIBIT 3 - SOLID WA STE AND BOILER VARIANCE REQUIREMENTS– ANNUAL

ESTIMATED RESPONDENT BURDEN AND COST...... ......................63

EXHIBIT 4 - EXCLUSIONS FROM TH E DEFINITION OF HAZARDOUS WASTE–

ANNUAL ESTIMATED RESPONDENT BURDEN AND COST...............66

EXHIBIT 5 - HAZARDOUS WASTE LISTI NG EXEMPTIONS– ANNUAL ESTIMATED

RESPONDENT BURDEN AND COST............................................69

EXHIBIT 6 - TOTAL ANNUAL ES TIMATED RESPONDENT BURDEN.... ................72

EXHIBIT 7 - ANNUAL ESTIMATED AGENCY BURDEN AND COST.....................73

EXHIBIT 8 - AVERAGE RESPO NDENT BURDEN............................................771. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This information collection request (ICR) is entitled “Identification, Listing and Rulemaking Petitions (Renewal),” ICR #1189.24.

1(b) SHORT CHARACTERIZATION

Under the authority of the Resource Conser vation and Recovery Act of 1976 (RCRA), as amended, Congress directed the U.S. Environmen tal Protection Agency (EPA) to implement a comprehensive program for the safe management of hazardous waste. In addition, Congress wrote that “[a]ny person may petition the Admini strator for the promulgation, amendment or repeal of any regulation” under RCRA (section 7004(a)).

40 CFR Parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. In Sections 1 through 5 of this ICR, EPA presents a co mprehensive description of these paperwork requirements. In Section 6, EPA estimates the to tal annual burden and cost to respondents and the government associated with these paperwork requirements.

In preparing this ICR, EPA consolidated tw o previously approved ICRs as described in the following. The ICR entitled, “Identification, Listing and Rulemaking Petitions (Renewal),” ICR #1189.20, was the previously approved “base” ICR for the Parts 260 and 261 paperwork requirements. The ICR entitled, “F019 Listing Amendment - Final Rule,” ICR
#1189.21, was a new ICR. 1 This current ICR (#1189.24) replaces these two ICRs and, therefore, becomes the new “base” ICR for the Parts 260 and 261 paperwork requirements.

In the following paragraphs, EPA briefly describes the 40 CFR Parts 260 and 261 paperwork requirements.

RULEMAKING PETITIONS

In section 7004(b)(1) of RCRA, Congress di rected the Administrator to develop and publish minimum guidelines for public participation in rulemaking petition processes. 40 CFR Part 260, Subpart C establishes procedures fo r submitting rulemaking petitions. Under section 260.20(b), all rulemaking peti tioners must submit basic inform ation with their demonstrations, including name, address, and statement of in terest in the proposed action. Under section 260.21, all petitioners for equivalent te sting or analytical methods must include specific information in their petitions and demonstrate to the satisfactio n of the Administrator that the proposed method is equal to or superior to the corresponding me thod in terms of its se nsitivity, accuracy, and reproducibility. Under section 260.2 2, petitions to amend Part 261 to exclude a waste produced at a particular facility (more simply, to delist a waste) must meet extensive informational requirements. When a petition is submitted, the Ag ency reviews materials, deliberates, publishes

1 ICR #1189.21 addressed the paperwork requirements at 40 CFR 261.31(b)(4)(ii).2

its tentative decision in the Federal Register , and requests public comment. EPA also may hold informal public hearings (if requested by an interested person or at the discretion of the Administrator) to hear oral comments on its te ntative decision. After evaluating all comments, EPA publishes its final decision in the Federal Register

.

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

In 1985, EPA promulgated regulations gove rning procedures and informational requirements for variances from cl assification as a solid waste or for classification as a boiler in sections 260.30 - 260.33. Sections 260.30, 260.31, and 260.33 comprise the standards, criteria, and procedures for variances from classification as a solid waste for three types of materials: materials that are collected sp eculatively without sufficient am ounts being recycled; materials

that are reclaimed and then reus ed within the original primary production process in which they were generated; and materials that have been re claimed, but must be reclaimed further before the materials are completely recovered. In s ections 260.32 and 260.33, EPA promulgated regulations governing the procedures and criter ia for obtaining a variance for cl assification as a boiler. This variance is available to owner or operato rs of enclosed flame combustion devices.

HAZARDOUS WASTE EXCLUSIONS

Sections 261.3 and 261.4 contain provisions that allow generators to obtain a solid or hazardous waste exclusion for certain types of wa stes. Facilities applying for these exclusions must either submit supporting informa tion or keep detailed records.

Under section 261.3(a)(2)(iv), generators may obtain a hazardous waste exclusion for wastewater mixtures subject to Clean Water Act regula tion. In 2005, EPA revised the Wastewater Treatment Exemptions for Hazar dous Waste Mixtures, also known as the “Headworks Rule” under 40 CFR 261.3(a)(2)(iv) (A), (B), (D), (F), or (G). This Headworks Exclusion final rule (70 FR 57769; October 4, 2 005) added benzene and 2-ethoxyethanol to the existing list of solvents that are eligible for the exemptions. The scrubber waters derived-from the combustion of any of the exempted solvents also are included in the exemption. In addition, this rule added an option to allow generators to directly measure solvent chemical levels at the headworks of the wastewater treatment system to determine whether the wastewater mixture is exempt from the definition of hazardous waste. Fi nally, this rule extended the eligibility for the de minimis exemption to other listed hazardous wastes (beyond discarded commercial chemical products) and to non-manuf acturing facilities.

Under section 261.3(c)(2)(ii)(C ), generators may obtain an exclusion for certain nonwastewater residues resulting from high metals recovery pr ocessing (HTMR) of K061, K062,

and F006 waste.

In addition, under section 261.4(a )(9), generators may claim a solid waste exclusion for spent wood preserving solutions and wastewat ers from the wood preserving process, as specified. Section 261.4(a)(17) provides that seco ndary materials, other than listed hazardous wastes, generated within the primary mineral pr ocessing industry from which minerals, acids,3

cyanide, water or other values are recovered by mineral processing or beneficiation, are excluded from being a solid waste so l ong as certain criteria are met. 2 Under section 261.4(a)(20)(ii)(A), generators and intermediate handlers may obt ain a hazardous waste exclusion for zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers. Section 261.4(a)(20)(iii)(B), allows manufactur ers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to obtain a hazardous waste exclusion. Under section 261.4(b)(6), generators of chromium-containing waste may obtain a hazardous waste

exclusion under certain conditions.

Also addressed under this se ction is the shipment of sa mples between generators and laboratories for the purpose of testing to determine its charac teristics or composition. Sample handlers who are not subject to U. S. Department of Transportation (DOT) or U.S. Postal Service (USPS) shipping requirements must comply w ith the information requirements of section 261.4(d)(2).

In 1988, EPA promulgated regulations for generators, collector s, and testers of treatability study samples in se ctions 261.4(e) and (f). When intended for treatability studies, hazardous waste otherwise subject to regulation u nder Subtitle C of RCRA is exempted from these regulations, provided that the requirements in sections 261.4( e) and (f) are met, including the following information requests: initial not ification, recordkeeping, reporting, and final notification. In addition, generato rs and collectors of treatability study samples also may request quantity limit increases and time extensions , as specified in section 261.4(e)(3).

In 2006, EPA amended the RCRA hazardous waste regulations by establishing a

conditional exclusion for used cathode ray tubes (CRTs) under 40 CFR 261.39, 261.40 and 261.41, to encourage greater reuse, recycling, a nd better management of this growing waste stream (see 71 FR 42928; July 28, 2006). Under th is conditional exclusion, used CRTs and glass removed from CRTs sent for recycling or reuse are excluded from the definition of solid waste, if they meet specified conditions.

HAZARDOUS WASTE LISTING EXEMPTIONS

In 1990, EPA promulgated regulations under 40 CFR 261.31(b)(2)(ii) governing procedures and informational requirements for ge nerators and treatment, storage and disposal facilities proving their sludges ar e exempt from listing as F037 and F038 wastes. Sections 261.35 (b) and (c), which were also promulgated in 1990, govern procedures and informational requirements for the cleaning or replacement of a ll process equipment that may have come into contact with chlorophenolic formulations or c onstituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping syst ems, drip pads, fork lifts, and trams.

In 1990, EPA promulgated (and amended in 1991 and 2005) regulations in 40 CFR 261.35 exempting wastes from wood preserving proce sses at plants that do not resume or initiate

2 Note that this exclusion was originally promulgated at 40 CFR 261.4(a)(15). EPA subsequently moved it to 40 CFR 261.4(a)(17).4

use of chlorophenolic preservatives from being lis ted as F032 wastes once the generator has met the established requirements.

In 2005, EPA promulgated a mass loadings-bas ed hazardous waste listing (i.e., K181) for certain organic dyes and/or pigments manufact uring wastes in 40 CFR section 261.32 (see 70 FR 9138; February 24, 2005). Under this listing approac h, these wastes are haza rdous if they contain any of seven specific constituents of concern (CoC s) at annual mass loading levels that meet or exceed the specified regulatory levels. If gene rators determine that their wastes are below regulatory levels for all CoCs, then their wastes are nonhazardous. If their wa stes meet or exceed the regulatory levels for any of the CoCs, the wa stes must be managed as K181 hazardous wastes unless they are: (i) disposed in a Subtitle D landfill unit subjec t to the design criteria in §258.40, (ii) disposed in a Subtitle C landfill unit subj ect to either §264.301 or §265.301, (iii) disposed in

other Subtitle D landfill units that meet the design criteria in §258.40, §264.301, or §265.301, or (iv) treated in a combustion unit that is permitte d under Subtitle C, or an on-site combustion unit that is permitted under the Clean Air Act.

In 2008, EPA amended the list of hazardous wastes from non-specific sources under 40 CFR 261.31 by modifying the scope of EPA H azardous Waste No. F019 (see 73 FR 31756; June 4, 2008). EPA amended the F019 listing to exclude wastewater treatment sludges generated from zinc phosphating, when zinc phosphating is used in the motor vehicle manufacturing process, provided that the wastes are not placed outside on the land prior to shipment to a landfill for disposal, and the wastes are disposed in landfil l units that are subject to or meet the landfill design criteria specified. Under the amendment, th e generators of such wastes may exclude these wastes from the F019 listing provided they meet the conditions for the exclusion.

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED AND AUTHOR ITY FOR THE COLLECTION

EPA promulgated the provisions for identifi cation, listing and rulema king petitions under the authority of Subtitle C of RCRA.

RULEMAKING PETITIONS

Section 260.20 requires petitione rs seeking to modify or re voke any provision in 40 CFR Parts 260 - 265 and 268 to submit specific information. This information is used by EPA to determine each petitioner's interest in the propos ed rulemaking petition, and contributes to EPA's goal of comprehensively protecting hu man health and the environment.

Section 260.21 requires petitioners for equiva lent testing or analytical methods to

demonstrate to the satisfaction of the Administ rator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility.

EPA needs this information to determine whether the proposed method is e quivalent or superior to the specified method. This requirement contri butes to EPA's goal of preventing contamination

to the environment.5

Section 260.22 requires petitioners seeking to delist a specific waste to demonstrate that the waste does not meet any hazardous waste criteria. The delisting petition provides an

alternative to facilities whose wastes are generally described (listed) in Subpart D of Part 261, yet may not be hazardous. EPA needs the informa tion to evaluate the acc uracy of each delisting petition and determine whether an exclusion is warranted.

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

Section 260.33 requires persons requesting vari ances from classification as a solid waste for specified recycled materials (e.g., speculatively collected materi als) to address the relevant

criteria contained in section 260.31. EPA needs this information to ensure that these materials are actually being recycled and not being accumula ted to evade hazardous waste regulation. The practice of recycling specific materials from waste streams reduces the need to use natural resources, energy, and disposal capacity. By allowing legitimat e recyclers an opportunity to exempt specific recycled materials from hazar dous waste regulation, EPA promotes this environmentally and socially beneficial practice.

Section 260.33 requires persons requesting vari ances for classification as a boiler (for enclosed devices using controlle d flame combustion) to submit de monstrations that address the

relevant criteria detailed in section 260.32. EP A needs this informa tion to evaluate the compatibility of the proposed device to classifica tion as a boiler. Because boilers may be used to treat hazardous wastes (boilers that treat hazardous wastes are subject to substantive requirements in 40 CFR Part 266), the specific petition informational requirements aid in realizing EPA's goal of insuring that only prope rly designed hazardous waste treatment units are in operation.

HAZARDOUS WASTE EXCLUSIONS

Sections 261.3(a)(2)(iv) and 261.3(c)(2)(ii)(C) require facilities to prepare and submit materials in support of a wast ewater or nonwastewater exemption, respectively. EPA needs to

collect this information to ensure that facilitie s qualify for the exemption and can manage these wastes in a manner protective of hum an health and the environment.

Under the revised headworks exclusion (s ee 70 FR 57769; October 4, 2005), facilities may choose to comply with certain of the exem ptions at 261.3(a)(2)(iv) by directly measuring

solvent chemical concentration levels at the headworks of the wastewater treatment system. Facilities choosing direct monito ring must develop and follow a sa mpling and analysis plan that meets the weekly average standards set for the appropriate wastes. The sampling and analysis plan must include the monito ring point location (headworks), the sampling frequency and methodology, and a list of constituents to be m onitored. Facilities must submit a copy of the sampling plan to the appropria te regulatory authority. Prior to commencement of direct monitoring, the facility must c onfirm that the plan has been received by the overseeing agency (e.g., by certified mail return re ceipt). Upon confirmation that the plan has been delivered successfully, the facility will be allowed to commence direct monitoring to demonstrate6

compliance. Facilities are required to keep a c opy of their sampling plan on-site. EPA is not requiring any other formal notificat ion to the agency, unless a change in the facility’s operations mandates a change in its monitoring.

Under the revised headworks exclusion at section 261.3(a)(2)(iv)(D ), all manufacturing facilities claiming a de minimis loss of F- or K-listed wastes and all non-manufacturing facilities claiming a de minimis loss of any listed hazardous waste must include in their Clean Water Act (CWA) permit application (or for indirect di schargers to publicly owned treatment works (POTWs), the submission to their pretreatment control authority) a list of the Appendix VII hazardous constituents and the land disposal restric tions (LDR) constituents associated with each listed waste. In addition, facilitie s are required to keep a copy of the CWA permit application or

POTW submission on site to demons trate to inspectors that the permit writer or control authority was notified of the possible de minimis releases of hazardous constituents.

Section 261.4(a)(9) allows facilities to obt ain a solid waste exclusion for spent wood preserving solutions, as specifie d, and wastewaters from the wood preserving process that have

been reclaimed and are reused to treat wood. EPA n eeds to be notified of this exclusion to ensure that the materials handled by the facility qualify for the exclusion and that facilities can manage these wastes in a manner protective of human health and the environment.

Section 261.4(a)(17) provides that seconda ry materials (i.e., sludges, by-products, and spent materials as defined in section 261.1) (other than listed hazardous wa stes) generated within the primary mineral processing industry from wh ich minerals, acids, cyanide, water or other values are recovered by mineral processing or beneficiation, are excluded from being a solid waste so long as certain criteria are met. EPA needs specified paperwork (e.g., one-time notification and application) to learn about the exclusion claim a nd, if necessary, to make a sitespecific determination re garding on-site units.

Section 261.4(a)(20) establishes conditions for excluding zinc fertilizers made from recycled hazardous secondary materials. EPA needs specified paperwork (e.g., one-time notification and appropriate reco rds) to track the exclusions and to ensure that they are

warranted.

Section 261.4(b)(6) allows facilities to obt ain a hazardous waste exclusion for chromiumcontaining waste under certain conditions. EPA need s this information to determine whether an exclusion is appropriate.

Section 261.4(d) requires persons who generate or collect samples fo r the sole purpose of testing to determine its characteristics or com position comply with all applicable DOT, USPS or other applicable shipping requirements. EPA n eeds the generator and laboratory to maintain appropriate shipping records to ensure that the p ackage does not leak, spill, or vaporize from its packaging into the environment.

Section 261.4(e)(2) requires persons who generate or collect samples for the purpose of conducting treatability studies to comply with spec ific informational prov isions. EPA needs this7

information to document the legitimate activities of sample generators or collectors and to track

these wastes to ensure their proper handling and management . Section 261.4(e)(3) contains provisions for generators and collectors to incr ease the sample quantity limits or receive a time

extension. EPA needs to collect this information to ensure that an in crease or extension is

warranted.

Section 261.4(f) requires testi ng facilities conducting treatabilit y studies to comply with a number of informational requirement provisions . EPA needs the information in sections 261.1 (e) and (f) to document that only the legitimate users of treatability samples obtain relief from comprehensive hazardous waste regulation. By requi ring treatability study sample generators, collectors, and testing facilities to comply with alternate provisions, EPA promotes the development and research of new, less expensiv e, and more environmentally benign treatment technologies. These new technologies, in tur n, will aid in the reduc tion of environmental contamination and safeguard human health and the environment.

Section 261.39(a)(2) requires generators of us ed CRTs destined for recycling to label or mark clearly each container in which used, broke n CRTs are contained with one of the following phrases: “Used cathode ray tube(s) - contains leaded glass” or “Used cathode ray tube(s) - contains leaded glass from televisions or comput ers.” Generators also must label each container

with the words: “Do not mix w ith other glass materials.”

Section 261.39(a)(5) requires exporters of used, broke n CRTs to provide written

notification to EPA of an inte nded export before the CRTs are sc heduled to leave the U.S. Upon request by EPA, the exporter must furnish to EPA any additional information that a receiving country requests in order to respond to a notificat ion. Exporters must keep copies of notifications and consents for a period of three years followi ng receipt of the consent. In addition, section 261.40 requires exporters of used, intact CRTs destin ed for recycling to m eet the conditions of section 261.39(a)(5).

Section 261.41 requires exporters of used, intact CRTs for reuse to send a one-time

notification to EPA. In additi on, they must keep copies of normal business records (e.g., contracts) demonstrating that each shipme nt of exported CRTs will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported.

HAZARDOUS WASTE LISTING EXEMPTIONS

Section 261.31(b)(2)(ii) requires generators and treatment, stor age and disposal facilities to prove that their sludges are exempt from listing as F037 and F038 wastes. These persons must maintain in their operating or other on-site reco rds, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definiti ons of F037 and/or F038 were actually generated in the aggressive biological treatment unit. EPA needs this information to document these legitimate activities and to ensure proper handling and management.8

Section 261.32(d) establishes the procedures for demonstrating that organic dyes and/or pigment production nonwastewaters are not K181. Section 261.32(d)(1) allo ws generators that have knowledge that their waste contains none of the K181 constituents identified in section 261.32(c) can use their knowledge to determine th at their waste is not K181. Generators must keep documentation supporting this annual de termination on site for three years.

Section 261.32(d)(2) allows gene rators to use knowledge of th eir wastes to conclude that mass loadings for the K181 constituents are below the listing levels, if th e total annual generation quantity of organic dyes and/or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators mu st document that the annual quantity of nonwastewaters expected to be gene rated is 1,000 metric tons or le ss, track the actual quantity of nonwastewaters generated over the course of the calendar year, k eep a running total of the K181 constituent mass loadings over the course of the calendar year, and keep specified records on site for three years.

Section 261.32(d)(3) requires generators w ith a total annual ge neration quantity of organic dyes and/or pigments production nonwaste waters greater than 1,000 metric tons to comply with the testing requirements to make a determination that their wastes are not K181. These generators must develop and follow a wast e sampling and analysis plan (or modify an existing plan) to collect and analyze represen tative waste samples for the K181 constituents reasonably expected to be presen t in the wastes based on knowle dge of the wastes. In addition, generators must record the analytical results , record the waste quantity represented by the sampling and analysis results, calculate constitu ent-specific mass loadings, keep a running total of the K181 constituent mass loadings over the course of the calendar year, and determine whether the mass of any of the K181 constituents is below the K181 listing levels. Generators must keep specified documenta tion on site for three years.

Section 261.32(d)(4) for the K181 landfill disp osal and combustion exemptions requires generators to maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit subject to or meets the landfill design standards set out in the listing description, or was treated in a combus tion unit as specified in the listing description.

Sections 261.35 (b) and (c) require generators of wood preserving proc ess wastes to clean or replace all process equipment that may come into contact with chlorophenolic formulations or

constituents thereof in order to avoid a F032 h azardous waste listing. EPA needs the generator to prepare and demonstrate compliance with an equipm ent cleaning or replacement plan in order to validate the claims that the wood preserving pr ocess wastes equipment has been cleaned or replaced in a manner that precludes it from being listed as a F032 waste.

Under 40 CFR 261.31(b)(4)(ii), th e generator of wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process must maintain on site for a minimum of three years documentation and informa tion sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing (i.e., ensure that shipments of such waste are placed in landfill units that are subject to certain liner design criteria). This recordkeeping requirement is needed in order for the generator to9

demonstrate to the regulatory agencies that each sh ipment of its waste was sent to an appropriate

landfill.

2(b) PRACTICAL UTILITY AND USERS OF THE DATA

RULEMAKING PETITIONS

EPA uses the general informational require ments required under section 260.20 to obtain basic information on petitioners and on each petitioner's intere st in the proposed rulemaking petition. EPA uses petitions for e quivalent testing or analytical methods to determine that the proposed method is equal to or s uperior to the corresponding met hod in terms of its sensitivity, accuracy, and reproducibility. EPA uses delisting pe titions to evaluate wh ether a waste meets the

hazardous waste criteria.

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

EPA uses the information contained in reque sts for variances from classification as a

solid waste to substantiate that these materials actually are re cycled and are not accumulated to evade hazardous waste regulations. EPA uses the information contained in requests for variances

from classification as a boiler to ascertain the compatibility of the proposed device to

classification as a boiler.

HAZARDOUS WASTE EXCLUSIONS

EPA uses the various information re quired under sections 261.3, 261.4, 261.39(a) and

261.41 to ensure that hazardous waste exclusions and exemptions are granted only under certain protective conditions.

HAZARDOUS WASTE LISTING EXEMPTIONS

EPA uses the information maintained unde r sections 261.31(b)(2)(ii), 261.31(b)(4)(ii), 261.32(d) and 261.35(b) and (c) to substantiate and confirm the proper handling and management of these materials acco rding to prescribed conditions.

3. NONDUPLICATION, CONSULTATI ONS, AND OTHER COLLECTION

CRITERIA

3(a) NONDUPLICATION

None of the information required by the regula tions covered in this ICR is available from any source but the respondents. None of the regulations are duplicative of any other EPA regulations.10

3(b) PUBLIC NOTICE REQUIRED PR IOR TO ICR SUBMISSIONS TO OMB

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency issued a notice in the Federal Register on August 9, 2011, soliciting public comments on the accuracy of the burden estimates in this suppor ting statement (76 FR 48856). No comments were

received.

3(c) CONSULTATIONS

The regulations covered by this ICR we re promulgated using proper rulemaking procedures. In updating this ICR, EPA spoke with Agency staff in Headquarters and the Regions, State representatives and industry representatives. Their feedback is reflected in this ICR. EPA’s Burden Estimate Methodology, which is attached to this Supporting Statement, provides information on the consultations. The fo llowing members of the States and regulated community were contacted:

– Bill Gidley, Nebraska Department of Environmental Quality (402-471-4495) – Dwayne Womer, Pennsylvania Departme nt of Environmental Protection (717-783- 3390) – Mark Dennen (401-222-2797 ext. 7112) and Yan Li (401-222-2797 ext. 7529), Rhode Island Department of Environmental Management – John Brueck, Idaho Department of Environmental Quality (208-373-0458)

– Ed Hammerberg, Maryland Department of the Environment (410-537-3356) – Glenn Sabadosa, Bayer Ma terial Science (281-383-6458) – Jerry Thurman, Eastman Chemical (903-237-6710) – Candice Callahan (802-769-0579) a nd Eric Berliner (802-769-4879), IBM

3(d) EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the burd en imposed upon the regulated community by these regulations. EPA is confident that those activities required of respondents are necessary, and to the extent possible, has attempted to minimize the burden imposed. EPA believes strongly that if the minimum requirements specified under the regulations are not met, EPA cannot ensure that hazardous wastes are properl y managed and do not pose a seriou s threat to human health and

the environment.

3(e) GENERAL GUIDELINES

This ICR adheres to the guidelines stat ed in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, OMB’s Inform ation Collection Review Handbook, and other applicable OMB guidance.11

3(f) CONFIDENTIALITY

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, c ontain provisions for confidentiality. However, the Agency does not anticipate that businesses wi ll assert a claim of confidentiality covering all or part of the regulations. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privac y Act of 1974 and OMB Circular 108.

3(g) SENSITIVE QUESTIONS

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS AND NAICS CODES

Table 1 presents a list of the North Ameri can Industry Classification System (NAICS)

codes associated with the industr ies and facilities most likely to be affected by the information collection requirements c overed under this ICR.

Table 1

List of NAICS Codes

Description NAICS Code

From ICR# 1189.14 – the 2004 “Base” ICR: Lumber and Wood Products Manufacturing 321
Chemical Manufacturing 325
Petroleum and Coal Products Manufacturing 324

Plastics and Rubber Pr oduct Manufacturing 326
Primary Metal Industries 331

Fabricated Metal Products 332

Industrial and Commer cial Machinery and Computer Equipment 333

334
Computer Equipment 334 Transportation Equipment 336

Business Services 541

Educational Services 611

Scientific Research and Development Services 5417

Environmental Services 924

Nonclassifiable Establishments N/A12

Fertilizer Manufacturing 32532
Zinc Sulfide Manufacturing 32531

Iron and Steel Mills 331111
Zinc Refining, Primary 331419
Zinc Dust Reclaiming 331492

Hazardous Waste Collection 562112

From ICR# 1189.15 – Hazardous Waste Listing for Organic Dyes and Pigments Production Wastes: Flavoring Extracts and Flavoring Syrups Manufacturing 311930

Food Preparations Manufacturing 311942

Industrial Gases Manufacturing 32512

Industrial Inorganic Chemicals Manufacturing 32518, 331311

Biological Products Manufacturing (Except Diagnostic Substances) 325414

Synthetic Organic Dyes and Pigments Manufacturing 32511, 325132, 325192

Industrial Organic Chemicals Manufacturing 325199

Pesticides and Agricultural Chemicals Manufacturing 32532

Solid Waste Landfills and Disposal Sites,

Nonhazardous 562212

Chemicals and Allied Products (Wholesale trade) 42269

From ICR# 1189.16 – Recycling of Used CRTs: Agricultural crop production 111
Agricultural livestock production 112
Agricultural services 115, 311, 541, 561, 812
Forestry 111, 113, 115
Fishing, hunting, trapping 111, 112, 114

MINING MINING
Metal mining 212, 213
Coal mining 212, 213
Oil & gas extraction 211, 213
Non-metallic minerals, except fuels 212, 213

CONSTRUCTION CONSTRUCTION

General contractors 233-235
Heavy construction 233-235
Special trade contractors 233-23513

MANUFACTURING MANUFACTURING
Food & kindred products 111, 311, 312
Tobacco products 312
Textile mill products 313-315
Apparel & other textile products 313-315, 336, 339
Lumber & wood products 113, 321, 333

Furniture & fixtures 336, 337, 339
Paper & allied products 322, 326
Printing & publishing 323, 511, 512
Chemicals & allied products 211, 311, 325, 331
Petroleum and coal products 324
Rubber & miscellaneous plastics products 316, 325, 326, 337, 339
Leather & leather products 315, 316, 321
Stone, clay, and glass products 212, 327
Primary metal industries 331
Fabricated metal products 332, 337, 339
Industrial machinery & equipment 331-335, 339

Electronic & other elect ronic equipment 332-336, 512
Transportation equipment 332, 333, 336, 488, 541, 811
Instrument & related products 322, 325, 333, 334, 339
Miscellaneous manufacturing 325, 336, 339, 488

TRANSPORTATION TRANSPORTATION
Local & inter-urban passenger transit 485, 487
Trucking & warehousing 493, 484, 488, 492, 531
U.S. postal service 491
Water transportation 483, 487, 488, 532
Transportation by air 481, 488, 492, 561, 621
Pipelines, except natural gases 486
Transportation services 488, 532, 561, 722

Communication 513
Electronic, gas, & sanitary services 221, 488, 562

WHOLESALE TRADE WHOLESALE TRADE
Wholesale trade - durable goods 421, 441-444, 446, 453
Wholesale trade - nondurable goods 312, 313, 422, 444, 451, 454
Bldg. materials & garden supplies 444, 453

RETAIL TRADE RETAIL TRADE

General merchandise store 452

Food stores 311, 445, 447, 722

Auto dealers & service station 441, 447, 45214

Apparel & accessory stores 315, 448
Furniture & home furnishing stores 337, 442, 451
Eating & drinking places 722

Miscellaneous retail 339, 443, 445, 446, 448, 451, 453, 454, 522, 722
FINANCE, INSURANCE, AND REAL ESTATE FINANCE, INSURANCE,

AND REAL ESTATE
Depository institution 521, 522
Nondepository institution 522, 523
Security & commodity brokers 523, 525, 533, 551, 813

Insurance carriers 523-525
Insurance agents, broke rs, & services 523-525

Real estate 233, 531, 711, 812
Holding & other investment offices 523, 525, 533, 551, 813

SERVICES SERVICES
Hotels & other lodging places 721

Personal services 512, 532, 561, 611, 811, 812

Business services 234, 313, 314, 323, 325, 334, 421, 443, 491, 511, 512, 514, 522, 532, 541, 561, 562, 711, 811, 812
Auto repair, services, & parking 326, 488, 532, 811, 812
Misc. repair services 115, 235, 335, 442, 443, 451, 488, 561, 562, 711, 811
Motion picture 334, 421, 512, 514, 532, 541, 561, 711

Amusement & recreation services 487, 532, 561, 611, 711,
712, 713

Health services 339, 541, 621
Legal services 541

Educational services 514, 611

Social services 623, 624, 813, 922
Museums, botanical, zoological gardens 712
Membership organization 561, 813, 912
Engineering & management service 233, 234, 541, 561, 611

Private household services 81

Services 512, 541, 711

From ICR# 1189.17 – Revised Headworks Exclusion:

Agricultural production – livestock 112 Food & kindred products 31115

Textile mill products 313 Lumber & wood products 321

Furniture & fixtures 337 Paper & allied products 322 Chemicals & allied products 325 Petroleum & coal products 324 Rubber & miscellaneous plastics products 326 Leather & leather products 316 Stove, clay, glass & concrete products 327 Primary metal industries 331 Fabricated metal products 332 Industrial machinery & equipment 333

Electrical & electr onic equipment 334, 335 Transportation equipment 336 Instruments & related products 3333, 3345 Motor freight transportation & warehousing 493 Airports, flying fiel ds, & airport terminal services 48819, 56172 Transportation services nec 488999 Electric, gas, & sa nitary services 221 Wholesale trade - durable goods 421 Wholesale trade - nondurable goods 422

Miscellaneous retail 453998 Dry-cleaning & industrial laundry services 8123
Business services 514, 532, 541, 561
Health services 621, 622, 623 Engineering & management services 712 Executive, legislative & general government 921 Environmental quality & housing 924, 925 National security & international affairs 928

From ICR# 1189.21 – F019 Listing Amendment - Final Rule:
Automobile Manufacturing 336111 Light Trucks & Utility Vehicle Manufacturing 33611216

4(b) INFORMATION REQUESTED

READING AND UNDERSTANDING THE REGUL ATIONS FOR IDENTIFICATION, LISTING, AND RULEMAKING PETITIONS

(i) Data items :

The petitioner must read and understand all of the regulations that pertain to the identification, listing, and rulemaking petitions.

(ii) Respondent activities :

· The respondent must read and unders tand the appropriate regulations for identification, listing, and rulemaking petitions.

RULEMAKING PETITIONS

General Requirements

(i) Data items :

Section 260.20(b) requires petitioners seeki ng to modify or revoke any provision in 40 CFR Parts 260 - 265 and 266 to submit the following general information:

· The petitioner's name and address;

· A statement of the petitioner's interest in the proposed action;

· A description of the proposed action, including, when appropriate, the proposed regulatory language; and

· A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

(ii) Respondent activities :

All rulemaking petitioners need to undertake the following activities to comply with the general requirements detailed in section 260.20(b):

· Gather information and prepare a statemen t about the petitioner's interest in and a description of the proposed action; and

· State the need and justification for the proposed action and compile supporting

evidence.17

Equivalent Methods Petitions

(i) Data items :

Section 260.21 requires petitioners for equiva lent testing or analytical methods to

demonstrate to the satisfaction of the Administ rator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility. Specifically, a petitioner must submit the following data items:

· A full description of the proposed me thod, including all procedural steps and equipment used in the method;

· A description of the type s of wastes or waste matrices for which the proposed method may be used;

· Comparative results obtained from using the proposed method with those obtained from using the rele vant or corresponding met hods prescribed in 40 CFR Parts 261, 264, and 265;

· An assessment of any factors which may interfere with, or limit the use of, the proposed method;

· A description of the quality control pro cedures necessary to ensure the sensitivity, accuracy, and reproducibility of the proposed method; and

· Any additional information that the Ad ministrator reasonably may require to evaluate the petition.

(ii) Respondent activities :

In order to comply with the requirements for petitions for equivalent testing or analytical methods, petitioners are required to perform the following activities:

· Describe the proposed method;

· Describe all the procedural steps and equipment required for the proposed

method:

· Describe all wastes or waste matric es for which the proposed method may be used;

· Compare the results obtained from using the proposed method with those obtained from using the corresponding prescribed method in 40 CFR Parts 261, 264, or 265;18

· Assess any factors which may interfere with or limit the use of the proposed method;

· Describe the quality control procedur es necessary to ensure the sensitivity, accuracy, and reproducibility of the proposed method; and

· Provide any additional informati on requested by the Administrator.

These petitioners also must comply w ith the general requirements for rulemaking petitions in section 260.20.

Delisting Petitions

(i) Data items :

Section 260.22 requires petitione rs seeking to amend 40 CFR Part 261 to exclude a waste produced at a particular facility to demonstrate that the waste doe s not meet any of the criteria

under which it was listed as a hazardous or an ac utely hazardous waste. The petition also must

demonstrate to the Administrator that the waste should not be listed for any other factor. Finally, the petition must demonstrate that the waste does not meet the characteristic hazardous criteria in Subpart C of Part 261. Specifically, the pe titioner must submit the following items:

· The name and address of the laboratory facility performing the sampling or tests of the waste;

· The names and qualifications of the persons sampling and testing the waste;

· The dates of sampling and testing;

· The location of the generating facility;

· A description of the ma nufacturing processes or other operations and feed materials producing the waste;

· An assessment of whether the manufact uring processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration;

· A description of the waste and an esti mate of the average and maximum monthly and annual quantities of waste covered by the demonstration;

· Pertinent data on and discussion of th e factors delineated in the respective criterion for listing hazardous waste, wh ere the demonstration is based on the factors in §261.11(a)(3);19

· A description of the methodologies and equipment used to obtain the representative samples;

· A description of the sa mple handling and prepara tion techniques, including techniques used for extraction, containeri zation, and preservation of the samples;

· A description of the test s performed and their results;

· The names and model numbers of the in struments used to conduct the tests;

· A signed certification by the petitioner; and

· Any additional information the Administrator reasonably may require to evaluate the petition.

(ii) Respondent activities :

In order to comply with the requirements fo r petitions to delist a waste produced at a specific facility, petitioners are required to perform the following activities:

· Provide general information on the laboratory conducting the tests;

· Provide detailed information on indi viduals sampling and testing the waste samples;

· Provide the dates of sampling and testing;

· Provide information on th e location of the facility;

· Describe the manufacturing processes or other operations and feed materials producing the waste;

· Assess whether the generator facility's pr ocesses, operations, or feed materials can or might produce a waste that is not covered by the demonstration;

· Describe the waste;

· Estimate the average maximum monthly and annual quantities of waste covered by the demonstration;

· Provide pertinent data on and discussion of the factors delineat ed in the respective criterion for listing hazardous waste, wh ere the demonstration is based on the factors in §261.11(a)(3);20

· Describe the methodologies and equipm ent used to obtain the representative samples;

· Describe the sample handling and pr eparation techniques, including techniques used for extraction, containerization, and preservation of the samples;

· Describe the tests perf ormed and their results;

· Provide the names and model numbers of the instruments used to conduct the

tests;

· Certify that the petition is true, accurate, and complete; and

· Provide any additional informa tion required by the Administrator.

Petitioners also must comply with the ge neral requirements for rulemaking petitions in

section 260.20.

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

Variances from Classification as a Solid Waste

(i) Data items :

Section 260.33 requires persons th at request variances from cl assification as a solid waste

to address the relevant criteria contained in section 260.31. Section 260.31 c ontains criteria for

variances from classification as a solid waste for th e following three types of recycled materials:

· Materials that are collected specula tively without sufficient amounts being recycled;

· Materials that are reclaimed and then reused within the original primary production process in which th ey were generated; and

· Materials which have been reclaimed, but must be reclaimed further before the materials are completely recovered.

The informational requirements for each of the three types of recycled materials are

discussed in turn.

Section 260.31(a) details requirements fo r persons that request a variance from

classification as a solid waste certain materi als that are accumulated speculatively without sufficient amounts being recycled or transferred for recycling in the fo llowing year. The person requesting a variance must submit the following information:21

· The manner in which the material is exp ected to be recycled, when the material is expected to be recycled, a nd whether this expected dis position is likel y to occur;

· The reason that the petitioner has accu mulated for one or more years without recycling 75 percent of the volume accumulated at the beginning of the year;

· The quantity of the material already accumulated, and the quantity expected to be generated and accumulated before the material is recycled;

· The extent to which the material is handled to minimize loss; and

· Any additional relevant information.

Section 260.31(b) details requirements fo r persons that request a variance from

classification as a solid waste those materials th at are reclaimed and then reused as feedstock within the original primary production processes in which the materials were generated, if the reclamation operation is an essent ial part of the production proce ss. The person that requests the variance must submit the following information:

· Provide information on the economic vi ability of the production process using virgin materials solely, rather than reclaimed materials;

· Provide information on the prevalen ce of the indust ry-wide practice;

· A description of th e extent to which the material is handled before reclamation to minimize loss;

· A description of the time periods between the generation of the material and its reclamation, and between reclamation a nd return to the original primary production process;

· A description of the lo cation of the reclamation ope ration in relation to the production process;

· A description of whether the reclaimed material is used for the purpose for which it was originally produced when it is return ed to the original process, and whether it is returned to the process in substantially its original form;

· A description of whether the person who generates the materials also reclaims it;

and

· Any additional relevant information.

Section 260.31(c) details requirements fo r persons that request a variance from

classification as a solid waste those materials th at have been reclaimed but must be reclaimed22

further before recovery is completed if, after initial reclamation, the resulting material is commodity-like. The resulting material may be commodity-like even though it is not yet a commercial product, and has to be reclaimed further. The person that requests this variance must submit the following information:

· A description of the de gree of processing the mate rial has undergone and the degree of further proces sing that is required;

· Information on the value of the mate rial after it has been reclaimed;

· A description of the degr ee to which the reclaimed ma terial is like an analogous raw material;

· A description of th e extent to which an end market for the reclaimed material is guaranteed;

· A description of th e extent to which the reclaimed ma terial is handled to minimize loss; and

· Any additional relevant information.

(ii) Respondent activities :

In order to comply with the requirements for variances from classification as a solid waste those materials that are accumulated specula tively, as defined in section 260.31(a), persons that request a variance must pe rform the following activities:

· Provide information on the manner in wh ich the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur;

· Provide information on the reason that the petitioner has accu mulated for one or more years without recycling 75 percen t of the volume accumulated at the beginning of the year;

· Provide information on the quantity of the material already accumulated and the quantity expected to be generated and accumulated before the material is recycled;

· Provide information on the extent to wh ich the material is handled to minimize loss; and

· Provide any additional relevant information.23

In order to comply with the requirements for variances from classification as a solid

waste those materials that are reclaimed and then reused as feedstock, as defined in section 260.31(b), persons that request a variance must perform the following activities:

· Provide information on the economic vi ability of the production process using virgin materials solely, rather than reclaimed materials;

· Describe the industry-wide prevalence of the practice;

· Describe the extent to which the material is handled before reclamation to minimize loss;

· Describe the time periods between th e generation of the material and its reclamation, and between reclamation a nd return to the original primary production process;

· Describe the location of the reclama tion operation in relation to the production

process;

· Describe whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form;

· Describe whether the person who genera tes the material also reclaims it; and

· Provide any additional relevant information.

In order to comply with the requirements for variances from classification as a solid

waste those materials that have been reclaimed but must be reclaimed further, as defined in section 260.31(c), persons that request a vari ance must perform the following activities:

· Provide information on the degree of processing the material has undergone and the degree of further pro cessing that is required;

· Provide information on the value of the material after it has been reclaimed;

· Describe the degree to which the recl aimed material is li ke an analogous raw material;

· Examine the extent to which an end market for the reclaimed material is guaranteed;

· Describe the extent to which the reclai med material is handled to minimize loss;

and24

· Provide any additional relevant information.

Variances from Classification as a Boiler

(i) Data items :

Section 260.33 requires persons that request to classify as a boiler certain enclosed devices using controlled flame co mbustion (even though these device s do not meet the definition of boiler as defined in §260.10) to address th e relevant criteria in section 260.32. Section 260.32 lists the following informational requirements:

· A description of the ex tent to which the unit has provisions for recovering and exporting thermal energy in the form of st eam, heated fluids, or heated gases;

· A description of the exte nt to which the combustion chamber and energy recovery equipment are of integral design;

· A description of the effi ciency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of fuel;

· A description of th e extent to which expor ted energy is utilized;

· A description of the exte nt to which the device is in common and customary use as a 'boiler' functioning primarily to produce steam, heated fluids, or heated gases;

and

· Any additional relevant information.

(ii) Respondent activities :

In order to comply with the requirements fo r variances to be classified as a boiler, persons that request this variance mu st perform the following activities:

· Describe the extent to which the unit has provisions for r ecovering and exporting thermal energy in the form of steam, heated fluids, or heated gases;

· Describe the extent to which the combustion chamber and energy recovery equipment are of integral design;

· Describe the efficiency of energy recove ry, calculated in te rms of the recovered energy compared with the thermal value of fuel;

· Describe the extent to wh ich exported energy is utilized;25

· Describe the extent to which the de vice is in common and customary use as a 'boiler' functioning primarily to produce stea m, heated fluids, or heated gases; and

· Provide any additional relevant information.

HAZARDOUS WASTE EXCLUSIONS

Sections 261.3 and 261.4 set forth provision s for petitioning EPA (or the implementing agency) for a hazardous waste exclusion or othe r exemption for certain types of waste. The information collection requirements associated with these provisions are discussed in turn below.

Wastewater Exemption

(i) Data items :

Under section 261.3(a)(2)(iv), a generator may obtain a hazardous waste exemption for

certain mixtures of hazardous and solid wastes if the generator can demons trate that the mixture

consists of wastewater whose discharge is subject to regulat ion under either section 402 or section 307(b) of the Clean Water Act (including wastewat er at facilities wh ich have eliminated the discharge of wastewater).

(ii) Respondent activities :

· Demonstrate the wastewater exclusion.

Revisions to the Headworks Exclusion

A. Direct Monitoring: Sampling and Analysis Plan

Under 261.3(a)(2)(iv), faciliti es choosing direct monitori ng must develop and follow a sampling and analysis plan that meets the week ly average standards set for the appropriate wastes. The sampling and analysis plan must include:

(i) Data Items :

· The wastewater monitoring poi nt location (i.e., headworks)

· The sampling frequency and methodology

· List of chemical constituents in wastewater to be monitored.

(ii) Respondent Activities :

· Facilities must submit a copy of the sa mpling plan to the ap propriate regulatory authority.26

· Prior to commencement of direct monito ring, the facility must confirm that the plan has been received by the oversee ing agency (e.g., by ce rtified mail return receipt).

· Upon confirmation that the plan has b een delivered successfully, the facility will

be allowed to commence direct mon itoring to demonstrate compliance.

· Facilities will be requi red to keep a copy of their sampling plan on-site.

· EPA is not requiring any other formal no tification to the agen cy, unless a change in the facility’s operations manda tes a change in its monitoring.

B. Facilities Claiming Expanded de minimis Exemption

Additionally, for all manufacturing facilities claiming a de minimis loss of F- or K-listed

wastes or non-manufactur ing facilities claiming a de minimis loss of wastes listed in 261.31 through 261.33, the CWA permit application (or fo r indirect dischargers to POTWs, the submission to their pretreatment control aut hority) must list the Appendix VII hazardous

constituents and the LDR constituents associated with the listed wastes. In addition, facilities will be required to keep a c opy of the CWA permit application or POTW submission on site.

(i) Data Items :

· For facilities choosing to conduct direct monitoring, a sampling and analysis plan that includes the monitoring point loca tion (headworks), the sampling frequency and methodology, and a list of cons tituents to be monitored.

· For manufacturing facilities claiming a de minimis loss of F- or K-listed wastes or non-manufacturing facilities claiming a de minimis loss of wastes listed in 261.31 through 261.33, the CWA permit application or the submission to a pretreatment control authority must list the Appendix VII hazardous constituents and the LDR

constituents associated with each listed waste.

Nonwastewater Exemption

(i) Data items :

Under section 261.3(c)(2)(ii)(C ), a facility may obtain a hazardous waste exclusion for certain nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste in rotary kiln s, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rota ry hearth furnace/electric furnace combinations, or industrial furnaces. To obtain this exemption, a one-time notification and certification must be placed in the facility's files and sent to EPA or authorized State. The notification must state that27

the K061, K062, or F006 HTMR residues meet the ge neric exclusion levels for all constituents and do not exhibit any hazardous waste characteristics.

(ii) Respondent activities :

· Prepare and submit a one-time notifica tion and certificati on for the K061, K062, or F006 HTMR residue; and

· Maintain the notification and certification in facility files.

Exclusion for Spent Wood Preserving Solutions and Wastewaters from Wood Preserving Processes

40 CFR 261.4(a)(9)(iii) require s that facilities generating and recovering wood preserving wastewaters and spent wood preserving solutions pr ovide EPA (or the authorized State) with a

one-time notification which certif ies that the plant meets al l the conditions under section 261.4(a)(9)(iii) and provides the date on which the plan t operator certifies th at the exclusion will go into effect.

(i) Data items :

· A notification which certifies that the recycling activities w ill meet the conditions

set forth in secti on 261.4(a)(9)( iii); and

· A notification of viol ation and reinstatement.

(ii) Respondent activities :

Facilities seeking an exemption under section 261.4(a )(9)(iii) must:

· Prepare and submit the notification to EPA or the authorized State; and

· Update the notification to inform EPA of a violation of a condition and apply for reinstatement, if needed.

Exclusion for Secondary Materials fr om the Mineral Processing Industry

40 CFR 261.4(a)(17)(iv) provide s that the Regional Administ rator or the State Director may make a site-specific determin ation, after public review and co mment, that only solid mineral processing secondary materials may be placed on pads, rather than in tanks, containers, or buildings. The decision-maker must affirm that pads are designed, constructed, and operated to prevent significant releases of the secondary materials into th e environment. The pads must provide the same degree of containment a fforded by the non-RCRA tanks, containers and buildings eligible for exclusion.28

40 CFR 261.4(a)(17)(v) provide s that facilities generati ng and recovering mineral processing secondary materials must provide EPA (or an authorized State) with a one-time

notification which describes:

· The mineral processing materials to be recycled;

· The type and location of storag e units and recycling process; and

· The annual quantities expected to be placed in non land-based units.

This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process.

(i) Data items :

· An application for a s ite-specific determination.

· A notification desc ribing the mineral processing ma terials to be recycled; type and location of storage units and recy cling process; and annual quantities expected to be placed in non land-based units.

(ii) Respondent activities :

Facilities generating and recovering mine ral processing secondary materials must:

· Prepare and submit appli cation for a determination;

· Prepare and submit notification to EPA or the authorized State; and

· Update notification, if needed.

Exclusion for Hazardous Waste Secondary Materials Incorporated into Zinc

Fertilizers

A. Notification for Generators and Intermediate Handlers

40 CFR 261.4(a)(20)(ii)(A) requi res generators and intermedia te handlers of zinc-bearing hazardous waste secondary materials that are to be incorporated into zinc fertilizers to submit a one-time notification to the Regional Administrator or State Director.

(i) Data Items :

The one-time notification must in clude the following information:

· Name, address and EPA ID number of the generato r facility; and29

· When the facility inte nds to begin managing hazardous secondary materials in

accordance with the conditions in the rule.

(ii) Respondent Activity :

· Complete and submit the one-time notification.

B. Record of Shipments for Gene rators and Intermediate Handlers

40 CFR 261.4(a)(20)(ii)(C) requires secondary materials generators and intermediate handlers to keep records of shipments of excl uded hazardous secondary materials for no less than three years.

(i) Data Items :

The shipping records must at a mini mum contain the following information:

· Name of the transporter and date of the shipment;

· Name and address of the fertilizer manufacturer who received the excluded material; and

· Type and quantity of excluded seco ndary material in each shipment.

(ii) Respondent Activity :

· Keep the following reco rds of shipping activities:

- Name of the transporter and date of the shipment;

- Name and address of the fertiliz er manufacturer who received the excluded material; and

- Type and quantity of excluded second ary material in each shipment.

C. Notification for Manufacturers

40 CFR 261.4(a)(20)(iii)(B) requi res manufacturers of zinc fer tilizers or zinc fertilizer ingredients made from excluded hazardous seconda ry materials to submit a one-time notification to the Regional Administrator.

(i) Data Items :

The one-time notification must in clude the following information:30

· Name of the manufacturer, address a nd EPA ID number of the manufacturing facility; and

· When the facility inte nds to begin managing hazardous secondary materials in

accordance with the conditions in the rule.

(ii) Respondent Activity :

· Complete and submit the one-time notification.

D. Record of Shipments for Manufacturers

Under proposed 40 CFR 261.4(a)(20)(iii)(C), manu facturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazar dous secondary materials must maintain for a minimum of three years records of all shipments of excluded secondary materials received by the

manufacturers.

(i) Data Items :

The shipping records would at a mini mum contain the following information:

· Name and address of the generating facility;

· Name of transporter and date the materials were received;

· Quantity received; and

· Brief description of the industria l process that generated the waste.

(ii) Respondent Activity :

· Keep the following records:

- Name and address of the generating facility;

- Name of transporter and da te the materials were received;

- Record of the quantity received; and

- Brief description of the industria l process that generated the waste.31

E. Annual Report for Manufacturers

Under 40 CFR 261.4(a)(20)(iii)(D), manufacturers of zinc fer tilizers or zinc fertilizer ingredients made from excluded hazardous seconda ry materials must submit to the Director an annual report that identifies the total quantitie s of all excluded hazardous secondary materials

that were used to manufacture zinc fertilizer or zinc fertilizer ingredient s in the previous year.

(i) Data Items :

The annual report must include the following:

· Record of the total quant ities of all excluded hazardous secondary materials that

were used to manufacture zinc fertilizer or zinc fertilizer ingredients in the previous year;

· Name and address of ea ch generating facility; and

· The industrial process(es) from wh ich the materials were generated.

(ii) Respondent Activity :

· Complete and submit the annual report.

F. Product Sampling and Analysis for Manufacturers

Under 40 CFR 261.4(a)(21)(ii), th e manufacturer must perfor m sampling and analysis of the fertilizer product to determin e compliance with the contaminan t limits for metals no less than every six months and for dioxins no less than ev ery twelve months. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concer n is present in the product at concentrations above th e applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) that is introduced into commerce. The recordkeeping requirements for product sampling and analysis are listed in 40 CFR 261.4( a)(21)(iii) and require the manufacturer to maintain specified sampling/analysis records for no less than three years.

(i) Data Items :

The records of sampling/analys is must include the following:

· The dates and times product samples were taken, and the dates the samples were analyzed;

· The names and qualifications of the person(s) taking the samples;

· A description of the methods and eq uipment used to take the samples;32

· The name and address of the laboratory f acility at which analyses of the samples were performed;

· A description of the an alytical methods used, including any cleanup and sample preparation methods; and

· All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph.

(ii) Respondent Activities :

· Sample and analyze the product as specified; and

· Keep records of all sampling and analyses for three years.

Exemption for Chromium-Containing Waste

(i) Data items :

Under section 261.4(b)(6), a generator of waste that fa ils the test for Toxicity Characteristic because of the presence of chro mium may obtain a hazardous waste exclusion if the generator can demonstrate that:

· The chromium in the waste is exclus ively (or nearly exclusively) trivalent chromium;

· The waste is generated from an industria l process that uses trivalent chromium exclusively (or nearly excl usively), and the process doe s not generate hexavalent chromium; and

· The waste is typically and frequently managed in non-oxidizing environments.

(ii) Respondent activities :

· The generator must demonstrate th e chromium-containing waste meets the

hazardous waste exclusion.

Exemption for Samples

(i) Data items :

Handlers of samples used for the sole pur pose of testing characteristics or composition under 40 CFR 261.4(d) are not subject to 40 CFR Parts 262 through 268 and Part 270 when specified activities occur. These include samp les being transported to a laboratory for the33

purpose of testing, a sample being transported back to the sample collector after testing, a sample being stored by the sample collector before trans port to a laboratory for testing, a sample being stored in the laboratory before testing, a sample being stored in the laboratory after testing but before it is returned to the sample collector, or a sample being stor ed temporarily in the laboratory after testing for a specific purpose. Sa mples that are not alre ady covered by DOT or USPS shipping requirements must be accompanied by the following information, as specified in section 261.4(d )(2)(ii)(A):

· The sample collector's name, ma iling address, and telephone number;

· The laboratory's name, mailing address, and telephone number;

· The quantity of the sample;

· The date of shipment; and

· A description of the sample.

(ii) Respondent activities :

· Maintain information on the sample a nd collector that shows that the sample collectors and laboratories are complying with applicable shipping requirements.

Exemptions for Treatability Study Samples

(i) Data items :

Persons who generate or collect samples for the purpose of conducting treatability studies, as defined in section 260.10, are exem pt from 40 CFR Parts 261, 262, and 263 and the notification requirements of s ection 3010 of RCRA provided that the sample is being: (1) collected and prepared for transportation by the generator or sample collector; (2) accumulated or stored by the generator or coll ector prior to transportation to a laboratory or testing facility; or (3) transported to the laboratory or testing faci lity for the purpose of conducting a treatability study. To qualify for this exemption, the sample must meet the quantity limits specified in section 261.4(e)(2).

To qualify for this exemption, the generator or samp le collector must collect and maintain the following information for a period of three years after the completion of the treatability study:

· Copies of the shipping documents;

· A copy of the contract with the facility conducting the treatability study; and

· Documentation showing:34

- The amount of waste shipped under the exemption;

- The name, address, and EPA identification number of the laboratory facility that received the waste;

- The date the shipment was made; and

- Whether unused samples or residue s were returned to the generator.

In addition, the generator reports information regarding volumes shipped, laboratory, dates of shipment, and return of samples in its Biennial Report.

Persons who generate or collect samples for the purpose of conducting treatability studies also may apply for up to an additional two year s for treatability studies involving bioremediation or to increase the quantity lim its on treatability study samples. The limits may be increased for up to an additional 5,000 kg of media contaminat ed with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2,500 kg of media contam inated with acute hazardous waste, and 1 kg of acute hazardous waste under certain circum stances (e.g., an equipment or mechanical failure during the conduct of the tr eatability study or a n eed to verify the resu lts of a previously conducted treatability study). Person s applying for time or quantity limit increases under section 261.4(e)(3) must submit the following inform ation to the Regional Administrator:

· The reason why the generator or sample collector requires additional time or the quantity of sample for tr eatability study evaluation;

· The amount of the additional time or sample quantity needed;

· Documentation for all sa mples of hazardous waste from the waste stream which have been sent for or undergone treata bility studies including the date each previous sample from the waste stream wa s shipped, the quantity of each previous shipment, the laboratory or testing fa cility to which it was shipped, what treatability study processes were con ducted on each sample shipped, and the

available results on each treatability study;

· A description of the tech nical modifications or change of specifications to be evaluated and the expected results;

· Information on the cause of the equipm ent failure and the remedies taken to prevent its future occurrence (if the request for a limit increase was due to an equipment failure); and

· Any additional information consider ed necessary by the Administrator.35

(ii) Respondent activities :

In order to comply with the informational provisions in section 261.4(e), generators or collectors of treatability study samples must undertake the following activities:

· Collect, copy, file, and maintain inform ation for a period of three years after the completion of the treatability study;

· Prepare and report to EPA informa tion regarding volumes shipped, testing facility, dates of shipment, and return of samples in the Biennial Report;

· If applying for a quantity limit incr ease under §261.4(e)(3), prepare and submit request; and

· If applying for an extension of up to two years under §261.4(e)(3) for a treatability study involving bioremed iation, prepare and submit request.

Exemptions for Treatability Study Samples Undergoing Testing

(i) Data items :

Samples undergoing treatability studies and la boratories and testi ng facilities conducting such treatability studies are not subject to requirements at 40 CFR Parts 124, 261-266, 268, and 270, or to the notification requirements of s ection 3010 of RCRA, provided that conditions detailed in section 261.4(f) are met. These conditions include the following informational requirements:

· Written notification to the Regional Admi nistrator that the facility intends to conduct treatability studies (45 days before testing is initiated);

· Records showing complian ce with the treatment rate limits and the storage time and quantity limits, including:

- The name, address, and EPA identif ication number of the generator or sample collector of each waste sample;

- The date the shipment was received;

- The quantity of the waste accepted;

- The quantity of ‘as received ’ waste in storage each day;

- The date the treatment study was init iated and the amount of ‘as received’ waste introduced to treatment each day;36

- The date the treatabili ty study was concluded; and

- The date any unused sample or resi dues generated from the treatability sample were returned to the generator or the sample collector or, if sent to a designated facility, the name of the designated facility and its EPA

identification number.

· Copies of the treatability study cont ract and all associated sample shipping

papers;

· An annual report to the Regional Ad ministrator estimating the number of treatability studies and the amount of waste expected to be used in treatability studies during the current year and info rmation on the past year's activities, including:

- The name, address, and EPA identification number of the facility conducting the treatability study;

- The types of treatabi lity studies conducted;

- The names and addresses of individua ls for whom the treatability studies were conducted;

- The total quantity of waste in storage each day;

- The quantity and types of waste subj ected to treatability studies each day;

- The date each treatabili ty study was conducted; and

- The final disposition of residues and unused samples from each treatability study.

· A letter informing the Regional Administrator that the facility is no longer planning to conduct any treatabi lity studies at the site.

(ii) Respondent activities :

In order to comply with requirements for samples undergoing treatability studies at testing facilities detailed in sec tion 261.4(f), testing facility re presentatives must undertake the following activities:

· Notify the Regional Administrator that th e facility intends to conduct treatability tests (45 days before testing is initiated);37

· Maintain records for a period of three y ears after the completion of the treatability study that show compliance with the trea tment rate limits, storage time and quantity limits, and contract a nd shipping paper requirements;

· By March 15 of each year, prepare a nd submit an annual report to the Regional Administrator estimating the number of tr eatability studies and the amount of waste expected to be used in treatabil ity studies during th e current year and information on the past year's activities; and

· Prepare and submit a termination letter informing the Regional Administrator that the facility is no longer planning to conduc t any treatability st udies at the site.

Recycling of Cathode Ray Tubes (CRTs)

A. Labels

Under 40 CFR 261.39(a)(2), generators of used, broken CRTs destined for recycling must label or mark clearly each cont ainer in which the CRTs are contained.

(i) Data items :

· Label or mark with the phrase: “Used cathode ray tube(s ) – contains leaded glass” or “Used cathode ray tube(s) - contains leaded glass from televisions or computers.”

· Label or mark with the words: “D o not mix with other glass materials.”

(ii) Respondent activity :

· Label or mark clearly ea ch container, as specified.

B. Export Notification for Used CRTs Destined for Recycling

Under 40 CFR 261.39(a)(5), exporters of used, broken CRTs must provide written

notification to EPA of an inte nded export before the CRTs are sc heduled to leave the U.S. Upon request by EPA, the exporter must furnish to EPA any additional information that a receiving country requests in order to respond to a notificat ion. Exporters must keep copies of notifications and consents for a period of three year s following receipt of the consent.

Under 40 CFR 261.40, exporters of used, intact CRTs destined for recycling must meet the conditions of section 261.39(a)(5).

(i) Data items :

· Notification of intent to export that includes the following information:38

- Name, mailing address, telephone numb er, and EPA ID number (if any) of the exporter;

- The estimated frequency or rate at which CRTs are to be exported and the period of time over which they are to be exported;

- The estimated total quantity of CRTs specified in kilograms;

- All points of entry to and depart ure from each foreign country through which the CRTs will pass;

- A description of the means by which each shipment of the CRTs will be transported (e.g., air, highway, rail, water);

- Name and address of the recycler;

- A description of the manner in which the CRTs will be recycled in the receiving country;

- The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in such country; and

- Signature of the exporter.

· On the front of the envelope used to submit the written notification, the words:

“Attention: Notification of Intent to Export.”

· Additional information that a receiving c ountry requests in order to respond to a

notification.

· Receiving/transit country’s written consent to the receipt of the CRTs.

· Notification of receiving/transit country’ s objection to the rece ipt of the CRTs, if applicable.

· Notification of receiving/transit country’ s withdrawal of a prior consent to the receipt of CRTs, if applicable.

(ii) Respondent activities :

· Prepare and submit written notification.39

· Prepare and submit additional informati on that a receiving country requests in order to respond to a notification.

· Keep copies of notif ications and consents.

C. Export Notification for Used CRTs Destined for Reuse

Under 40 CFR 261.41, exporters of used, int act CRTs for reuse must send a one-time

notification to EPA. In additi on, they must keep copies of normal business records (e.g., contracts) demonstrating that each shipme nt of exported CRTs will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported.

(i) Data items :

· Notification that includes the following information:

- A statement that the notifier plans to export used, intact CRTs for reuse;

- Notifier’s name, address, and EP A ID number (if applicable); and

- Contact person’s name and phone number.

· Normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused.

(ii) Respondent activities :

· Prepare and submit a one-time notification.

· Keep copies of normal bus iness records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused.

HAZARDOUS WASTE LISTING EXEMPTIONS

Hazardous Wastes from Non-Specific Sources

(i) Data items :

Section 261.31(b)(2)(ii) requires generators and treatment, stor age, and disposal facilities to prove that their sludges are exempt from listing as F037 and F038 wastes by maintaining, in their operating or other on-site re cords, the following data items:

· Documents and data sufficient to prove that:40

- The unit is an aggressive biological treatment unit; and

- The sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the a ggressive biological treatment unit.

(ii) Respondent activities :

To qualify for an exemption, a facility must perform the following respondent activities:

· Develop data and documents to supp ort the criteria for the exemption; and

· Maintain records on site.

Deletion of Certain Hazardous Waste Co des Following Equipment Cleaning and Replacement

(i) Data items :

Section 261.35 specifies procedures that wood preserving plants that used chlorophenolic

formulations or constituents must follow to mi nimize or eliminate the escape of hazardous waste or constituents, leachate, contaminated drippa ge, or hazardous waste decomposition products to ground water, surface water, or the atmosphere. These generators must either develop and follow an equipment cleaning plan or an equipm ent replacement plan containing the following

information:

· A written equipment cleaning plan that describes the following:

- The equipment to be cleaned;

- How the equipment will be cleaned;

- The solvent to be used in cleaning;

- How the solvent rinses will be tested; and

- How cleaning residues will be disposed.

· A written equipment replacement plan that describes the following:

- The equipment to be replaced;

- How the equipment will be replaced; and

- How the equipment will be disposed.41

Generators also must keep records documen ting the cleaning and repl acement as part of the facility's operating record. These record s must contain the following information:

· The name and addr ess of the facility;

· Formulations previously used and th e date on which their use ceased in each process at the plant;

· Formulations currently used in each process at the plant;

· The equipment cleani ng or replacement plan;

· The name and address of any persons who conducted the cleaning or replacement;

· The dates on which cleaning or replacement was accomplished;

· The dates of sampling and testing;

· A description of the sa mple handling and preparation techniques used for extraction, containerization, preservation, and chain-of-c ustody of the samples;

· A description of the test s performed, the date the te sts were performed, and the results of the tests;

· The name and model numbers of the inst rument(s) used in performing the tests;

· Documentation of QA/QC procedures; and

· A certification statement by an authorized representative stating that all process equipment was cleaned or replaced accordi ng to the cleaning or replacement plan.

(ii) Respondent activities :

· Prepare an equipment cleaning or replacement plan;

· Prepare and maintain documentation s howing that equipment was cleaned or replaced in accordance with the plan; and

· Prepare and maintain a certification by an authorized representative that the cleaning or replacement occurred in accordance with the facility's plan.42

Procedures for Demonstrating that Organ ic Dyes and/or Pigments Production

Nonwastewaters Are Not K181

A. Determination Based on No K181 Constituents

Under §261.32(d)(1), generators that have knowledge that th eir waste contains none of the K181 constituents identified in §261.32(c) can use their knowledge to determine that their waste is not K181. Generators must keep docum entation supporting this annual determination on site for three years.

(i) Data item :

· Documentation supporting the determinati on that organic dyes and/or pigments production nonwastewater is not K181.

(ii) Respondent activities :

· Determine that the organic dyes and/or pigments production nonwastewater is not
K181;

· Document the basis for determining that the organic dyes and/or pigments production nonwastewater is not K181; and

· Keep each annual suppor ting documentation on site.

B. Determination For Generated Quantiti es of 1,000 MT/Yr or Less for Wastes That

Contain K181 Constituents

Under §261.32(d)(2), generators can use knowledge of their waste to conclude that mass loadings for the K181 constituents are below th e listing levels, if the total annual generation quantity of organic dyes and/or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators mu st document that the annual quantity of nonwastewaters expected to be gene rated is 1,000 metric tons or le ss, track the actual quantity of nonwastewaters generated over th e course of the calendar year (i.e., from January 1 through December 31 of each year), keep a running total of the K181 constituent mass loadings over the course of the calendar year, and keep specified r ecords on site for three years, as specified in §§261.32(d)(2)(i) through (iv).

(i) Data items :

· Documentation demonstrating that th e annual quantity of organic dyes and/or pigments production nonwastewaters exp ected to be generated is 1,000 metric tons or less;

· Quantity of organic dyes and/or pigm ents production nonwastewaters generated;43

· Relevant process information used; and

· Calculations performed to determin e annual total mass loadings for each K181

constituent in the nonwaste waters during the year.

(ii) Respondent activities :

· Document the basis for determining th at the annual quantity of nonwastewaters expected to be generated will be 1,000 metric tons or less;

· Track the actual quantity of nonwastewa ters generated over the course of the calendar year;

· Keep a running total of the K181 constitu ent mass loadings over the course of the calendar year; and

· Keep supporting documentation on site.

C. Determination for Generated Quanti ties Greater Than 1,000 MT/Yr for Wastes

That Contain K181 Constituents

Under §261.32(d)(3), generators with a total annual generati on quantity of organic dyes and/or pigments production nonwastewaters grea ter than 1,000 metric tons are required to comply with the testing requirements to make a determination that their wastes are not K181. These generators must develop a waste sampling a nd analysis plan (or modify an existing plan) to collect and analyze repres entative waste samples for th e K181 constituents reasonably expected to be present in the wastes based on knowledge of the wastes, as specified in §§261.32(d)(3)(i) through (iii). In collecting and analyzing the wast e samples, generators must follow the waste sampling and anal ysis plan (§261.32(d)(3)(iv)).

Under §§261.32(d)(3)(v) through (ix) , generators must record the analytical results, record the waste quantity represented by the samp ling and analysis results, calculate constituentspecific mass loadings (i.e., the product of conc entrations and waste quantity), keep a running

total of the K181 constituent ma ss loadings over the course of the calendar year, and determine whether the mass of any of the K181 consti tuents is below the K181 listing levels.

In addition, generators must keep specified documentation on site for three years, as specified in §261.32(d)(3)(x).

Pursuant to §261.32(d)(3)(xi), nonhazardous wa ste determinations must be conducted annually to verify that the wastes remain nonhazardous. The annual testing requirements are suspended after three consecutive successful an nual demonstrations that the wastes are nonhazardous. Generators then can use knowledge of the wastes to support subsequent annual44

determinations. If the annual testing requirements are suspen ded, the generator must keep records of the process knowledge information used to support a nonhazardous determination.

The annual testing requirements are reinstated if the manufacturi ng or waste treatment processes generating the wastes ar e significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels. If te sting is reinstated, a description of the process change must be retained.

(i) Data items :

· Documentation on which K181 constituents are reasonably expected to be present in the wastes;

· Waste sampling and analysis plan to collect and analyze representative waste samples for the K181 constituents reasona bly expected to be present in the wastes. At a minimum, the plan must include:

- A discussion of the number of sample s needed to characterize the wastes fully;

- The planned sample collection me thod to obtain representative waste samples;

- A discussion of how the sampling pl an accounts for potential temporal and spatial variability of the wastes; and

- A detailed description of the test methods to be used, including sample preparation, clean-up (if necessary ), and determinative methods;

· Waste sampling and analysis results (including QA/QC data);

· Quantity of organic dyes and/or pigm ents production nonwastewaters generated;

and

· Calculations performed to determ ine annual mass loadings for each K181

constituent in the nonwastewaters.

· If the annual testing requirements are suspended after three successful

demonstrations that the waste are nonhazardous, records of the process knowledge information used to support a nonhazardous determination.

· If the manufacturing or waste treatme nt processes generating the wastes are significantly altered as specified, a description of the process change.45

(ii) Respondent activities :

· Determine which K181 constituents are r easonably expected to be present in the

wastes;

· Develop waste sampling and analysis plan;

· Collect and analyze samples in accordan ce with the waste sampling and analysis plan;

· Record analy tical results;

· Record the waste quantity represente d by the sampling and analysis results;

· Calculate constituent-specific mass loadings;

· Keep a running total of the K181 constitu ent mass loadings over the course of the calendar year;

· Determine whether the ma ss of any of the K181 consti tuents is below the K181 listing levels; and

· Keep supporting documentation on site.

· If the annual testing requirements are suspended after three successful

demonstrations that the wastes are nonhazardous, the generator can:

- Use knowledge of the waste to supp ort subsequent annual determination;

and

- Keep records of the process know ledge information used to support a

nonhazardous determination.

· If the manufacturing or waste treatme nt processes generating the wastes are significantly altered as speci fied, reinstate annual testi ng requirements and retain a description of the process change.

D. Recordkeeping Demonstrations fo r Use of Appropriate Landfills and

Combustion Units

Under the §261.32(d)(4) landfill disposal and combustion exemptions, generators must maintain documentation demonstrating that each shipment of waste was received by a landfill unit subject to or meets the landfill design standa rds set out in the list ing description, or was treated in a combustion unit as sp ecified in the listing descripti on. This documentation must be

maintained on site for a period of three years.46

(i) Data item :

· Documentation demonstrating that each shipment of waste was received by a landfill unit subject to the landfill desi gn standards set out in the listing description, or was treated in a combus tion unit as specified in the listing description.

(ii) Respondent activity :

· Maintain documentation demonstrating th at each shipment of waste was received by a landfill unit subject to the landfill design standards set out in the listing description, or was treated in a combus tion unit as specified in the listing description.

Exclusion of Certain Wastewater Trea tment Sludges Generated from Zinc Phosphating from the F019 Listing

Under final 40 CFR 261.31(b)(4)(i i), generators must maintain on site for a minimum of three years documentation and information suffici ent to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the condition of the listing. The shipping records would at a minimum contain the following information:

· Name and address of the generating facility;

· Brief description of the industrial process that generated the wastes;

· Volume of waste generated and disposed of off site;

· Date when waste volumes were generated and sent off site;

· Name and addre ss of the receiving facility; and

· Documentation confirming receipt of the waste by the receiving facility.

5. THE INFORMATION COLLECTED– AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) AGENCY ACTIVITIES

REVIEW OF RULEMAKING PETITIONS

EPA follows specific procedures when review ing all rulemaking petitions. As specified under section 260.22, the Agency will review the information and make a tentative decision, publish its tentative decisi on in the Federal Register and request written comments, hold a public47

meeting (if requested by an interested person or at the discretion of the Administrator), review all comments, and publish its final decision in the Federal Register . Depending on the complexity of the petition, the Agency may spe nd significant time in review.

EPA follows specific procedures in reviewing delisting petitions. 3 All petitions received are logged in, filed, and reviewed. This in itial review focuses on completeness of the documentation and representativeness of the an alytical data. EPA may request additional information if the petition is judged incomplete . When all needed information is obtained, EPA will review the petition and ma ke a tentative determination. A workgroup composed of staff

from different offices within EPA reviews thes e determinations to evaluate the quality and representativeness of the data. When the workgroup's comments, if any, are addressed, the Office

of General Counsel reviews the determination. If the Office of General Counsel concurs, the determination is reviewed by the Assistant Administrator for Solid Waste and Emergency Response. The Assistant Administrator's deci sion is published in the Federal Register , along with a request for comments. After public comments are received, the review process is repeated and

concludes with the Assistant Ad ministrator's final decision.

Specific Agency activities consist of the following:

· Review petition information;

· Request additional information, if required;

· Enter information into a database;

· Hold meetings;

· Deliberate;

· Make a draft determination and publish draft Federal Register notice;

· Review comments and deliberate; and

· Make determination and publish final Federal Register notice.

REVIEW OF SOLID WASTE AND BO ILER VARIANCE DEMONSTRATIONS

Agency activities associated w ith the variances from classification as a solid waste or classification as a boiler include the following:

· Review the demonstrations to verify whet her they meet the relevant criteria as detailed in §260.31 for variances from cl assification as a solid waste and in

3 See Petitions to Delist Hazardous Wastes: A Guidance Manual

, April 1985, EPA/530

‐ SW

‐ 85

‐ 003, U.S.

Environmental Protection Agency.48

§260.32 for variances for clas sification as a boiler;

· Request additional information, if necessary;

· Deliberate and issue a draft determination;

· Publicize the draft determination by news paper advertisement and radio broadcast

in the local area of the petitioner;

· Hold a public hearing and initiate a 30-day public comment period; and

· Review comments and ma ke the final decision.

REVIEW OF HAZARDOUS WAST E EXCLUSION PETITIONS

Agency activities associated with informa tion submitted in support of sections 261.3 and 261.4 exclusions include the following:

· File the nonwastewater notifications;

· Review, approve, or deny the notifications and the updates, a nd keep records of these documents;

· Review applications for site-specific de terminations and keep records of these documents;

· Process hazardous secondary mate rials generator notification;

· Process zinc fertilizer manufacturer notification;

· Process zinc fertilizer manufacturer annual report;

· Review requests for quantity increases for treatability studies and issue a decision;

· Review requests for extensions of up to two years for treatability studies and issue a decision;

· File notifications of testing of treatability samples;

· File annual reports on treata bility study testing; and

· File termination letters of treatability study testing.49

CATHODE RAY TUBES (CRTs) EXCLUSION ACTIVITIES

A. Labels

There are no Agency activiti es associated with the la beling requirements under 40 CFR 261.39(a)(2).

B. Export Notification for Used CRTs Destined for Recycling

Agency activities associated with the conditional exclusion for used CRTs exported for recycling include:

· Receive and review notification subm itted by an exporter of used CRTs to determine whether or not the notification is complete. A notification is complete

when EPA determines that it satisfies the requirements of 40 CFR 261.39(a)(5)(i).

· Solicit, from exporter, additional inform ation requested by the receiving country.

· Provide, in conjunction with th e Department of State, th e complete notification to the receiving country.

· Forward the receiving/transit country’s writt en consent to the r eceipt of the used CRTs to the exporter.

· Prepare and send written notification to the exporter if the receiving/transit country objects to the receipt of the us ed CRTs or withdraws a prior consent.

· Keep copies of notifications, cons ents, and other related documents.

C. Export Notification for Used CRTs Destined for Reuse

Agency activities associat ed with the conditional exclusion for used CRTs exported for

reuse include:

· Receive and review notification su bmitted by exporter of used CRTs.

· Keep copy of notification.

REVIEW OF HEADWORKS EXCLUSION DEMONSTRATIONS

The Agency will receive, review, and file the sampling and analysis plan submitted by

claimants who use direct monito ring. There are no other Agen cy activities under the rule.50

REVIEW OF DEMONSTRATIONS THAT ORGANIC DYES AN D/OR PIGMENTS

PRODUCTION NONWASTEWA TERS ARE NOT K181

There are no Agency activities associated with the information collection requirements for generators of organic dyes and/or pigments production nonwastewaters.

F019 LISTING EXCLUSION ACTIVITIES OF CERTAIN WASTEWATER TREATMENT

SLUDGES GENERATED FROM ZINC PHOSPHATING

The Agency does not require waste generators to submit any information for its review and approval under the final rule under 40 CF R 261.31(b)(4)(ii). The Agency instead requires that the waste generators maintain on site fo r a minimum of three years documentation and information sufficient to prove that the wastewat er treatment sludges to be exempted from the F019 listing meet the conditions of the listing. Ther efore, the Agency activ ities associated with the final rule relate to ensuring complian ce with the recordkeeping requirements.

5(b) COLLECTION MET HODOLOGY AND MANAGEMENT

In collecting and analyzing the informati on required under the iden tification, listing, and rulemaking petition requirements, EPA uses elec tronic equipment such as personal computers and applicable database so ftware, when appropriate.

5(c) SMALL ENTITY FLEXIBILITY

When promulgating the regulations covered under this ICR, EP A considered the effect of these regulations on small businesses. The excl usions, delisting petitions , and other paperwork provisions included in Parts 260 and 261 and presen ted in this ICR are de-regulatory in nature. They relieve facilities generating or managing cer tain types of materials or wastes from the RCRA hazardous waste regulations. This can be nefit small and large businesses alike by reducing their regulatory burden. In addition, EPA conditionally exempts from the hazardous waste regulations sites that gene rate 100 kilograms or less per month of hazardous waste (section 261.5). EPA expects that a number of these cond itionally exempt sites are owned by small

entities.

CATHODE RAY TUBES (CRTs) EXCLUSION

In establishing the conditional exclusion fo r used CRTs, EPA considered the reporting and recordkeeping burden for small businesses. In addition, the conditi onal exclusion is a regulatory relief initiative that s hould reduce hour and cost burden for generators and subsequent handlers of excluded CRTs, but should pa rticularly benefit small entities.51

HEADWORKS EXCLUSION

EPA believes that the revisions to the Head works Exclusion rule will not have adverse burden impacts on small entities, for the following reasons. First, the rule extends the exemption at 40 CFR 261.3(a)(2)(iv)(A) and (B) to two additional wastes (benzene and 2-ethoxyethanol), clarifies that the exempti on applies to combustor scrubber water, and expands the de minimis exemption to non-manufacturing sites and de minimis releases of F- and K- listed wastes. In this regard, the rule is de-regulatory ; both small and large entities could benefit from reduced hazardous waste management costs. In addition, the exemptions are non-mandatory, i.e., entities need not claim the exemption unless it is cost-eff ective for them. Finally, th e rule gives claimants added flexibility in demonstrating their complianc e with the exemptions. They may continue to use their existing methods (e.g., mass balance) ordirect monitoring, whichever is more costeffective.

DEMONSTRATIONS THAT ORGANIC DY ES AND/OR PIGMENTS PRODUCTION

NONWASTEWATERS ARE NOT K181

The rule includes a mass loadings-based lis ting for organic dyes and/or pigments production nonwastewaters that allows genera tors to determine wh ether their waste is nonhazardous under the listing. Thus, although the fi nal rule adds the K181 wastes to the hazardous waste listings, the rule provides flexib ility to both large and small generators to determine whether they can manage their waste as nonhazardous, as specified. If a small entity’s waste does qualify as hazardous under the listings, the small entity may be eligible for complying with the small quantity generator standards, which impose fewer paperwork requirements than the standards for large quantity generators.

EXCLUSION OF CERTAIN WASTEWATER TREATMENT SLUDGES GENERATED

FROM ZINC PHOSPHATING FROM THE F019 LISTING

The conditional exclusion is intended to be de-regulatory and w ould relieve both small and large waste generators from the RCRA hazar dous waste program requirements, as specified. In addition, EPA has kept the paperwork requi rements under the conditional exclusion as

streamlined and as consistent with standard indu stry practices as possible, to thereby minimize the burden on both large and small entities.

5(d) COLLECTION SCHEDULE

Because rulemaking petitions are voluntarily submitted, there is no collection schedule for these information requests. A discussion of a collection schedule, theref ore, is not relevant.

The zinc fertilizer rule (see 67 FR 48393; July 24, 2002) requires generators to submit to

EPA a one-time notification of their intent to begin managi ng hazardous secondary materials

under the terms of the exclusion. Generators woul d keep a record on site of all shipments of hazardous secondary materials for at least three y ears. The rule also requires manufacturers to52

sample and analyze the fertilizer product to de termine compliance with the contaminant limits for metals no less than every six months and fo r dioxins no less than every twelve months. In addition, manufacturers will submit an annual report to EPA describing the hazardous secondary

materials used to make zinc fertilizer. Manufacturer s also must keep a record of all shipments of hazardous secondary materials received for at least three years.

Generators and collectors of treatability study sample s must submit additional information along with their Biennial Report. Fa cilities with samples undergoing treatability studies must comply with th e following collection schedule:

· 45 days before they initiate treatability studies, facilities must notify the Regional Administrator;

· By March 15 of each year, facilities must submit to the Regional Administrator an annual report regarding their trea tability study activities; and

· Upon determining to cease treatability studies , facilities must inform the Regional

Administrator.

CATHODE RAY TUBES (CRTs) EXCLUSION

Under the conditional exclusion rule for us ed cathode ray tubes (see 71 FR 42928; July 28, 2006), used CRTs and glass removed from CRTs sent for recycling or reuse are excluded from the definition of solid waste, if they meet specified conditions.

A. Labels

Generators of used, broken CRTs destined for recycling must label or mark clearly each container in which the CRTs are contained, as specified. EPA believes that each container should

be labeled or marked to ensure proper management and handling.

B. Export Notification for Used CRTs Destined for Recycling

Exporters of used CRTs destined for recycli ng must provide written notification to EPA of an intended export before the CRTs are schedu led to leave the U.S. A complete notification must be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activ ities extending over a 12-month or lesser period. In addition, upon request by EPA, exporters must furnish to EP A any additional information that a receiving country requests in order to respond to a notification.

C. Export Notification for Used CRTs Destined for Reuse

Exporters of used CRTs destined for reuse must send a one-time notification to EPA. In addition, they must keep at the facility copi es of normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused.53

REVISIONS TO THE HEADWORKS EXCLUSION

The Headworks Exclusion rule (see 70 FR 5776 9; October 4, 2005) allows generators to directly measure solvent chemical levels at the headworks of the wastewater treatment system to

determine whether the wastewater mixture is ex empt from the definition of hazardous waste. Facilities choosing to conduct direct monitoring must prepare and submit a sampling and analysis plan to the regulatory agency prior to commencement of monitoring and confirm receipt by the regulatory agency. EPA is not requiring any other formal notification to the regulatory agency, unless a change in th e facility’s operations mandate s a change in monitoring.

In addition, this rule allows manufacturing facilities to claim a de minimis loss of F- or Klisted wastes and non-manufactur ing facilities to claim a de minimis loss of any listed hazardous waste. Facilities claiming any part of the expanded de minimis exemption must list Appendix VII

and LDR hazardous constituents for each affected waste in the CWA permit application or the submission to a pretreatment control authority, in order to be eligible for the exemption.

DEMONSTRATIONS THAT ORGANIC DY ES AND/OR PIGMENTS PRODUCTION

NONWASTEWATERS ARE NOT K181

Under the final rule (see 70 FR 9138; February 24, 2005), ge nerators of organic dyes and/or pigments production nonwastewaters will have to conduct nonhazardous determinations annually to verify that the wastes remain nonha zardous. For facilities that generate 1,000 metric tons or less per year, this determination will be based on knowledge of their wastes. For facilities that generate more than 1,000 metric tons per y ear, this determination will be based on waste sampling and analysis. These annual testing requirements will be su spended if the wastes remain nonhazardous for three consecutive years of test ing. However, if the manufacturing or waste treatment process generating the wa stes is significantly altered, the annual testing requirements

will be reinstated. EPA believes such a schedule w ill ensure that generators take measures to

determine whether their wastes qualify for the nonhazardous claim.

6. ESTIMATING THE BURDEN A ND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

This ICR is a comprehensive presentation of all of the information collection activities required for identification, listing, and rule making petition regulations. EPA estimated respondent burden hours associated w ith all of the requirements cove red in this ICR in Exhibits

1-6 below. 4 Exhibit 1 addresses the burden for petitione rs to read and understand the regulations for identification, listing, and rulemaking petitions . Exhibit 2 addresses ge neral requirements for all rulemaking petitions as well as equivalent testing or analyti cal method petitions and delisting petitions. Exhibit 3 addresses variances from cla ssification as a solid waste or for classification as a boiler. Exhibit 4 addresses provisions for obtaining hazardous waste exclusions and

4 Please note that these exhibits may contain rounding errors.54

exemptions under sections 261.3 and 261.4. Exhibit 5 addresses the paperwork requirements

under sections 261.31 and 261.35. Each of these exhi bits includes the number of hours required to conduct each information collection activity an d the cost associated with each requirement.

Exhibit 6 summarizes the total annual burden hours and costs to respondents under all of these provisions.

6(b) ESTIMATING RESPONDENT COSTS

Estimating Labor Costs

EPA estimates an average hourly labor co st for respondents of $104.18 for legal staff, $84.86 for managerial staff, $40.68 for technical staff, $22.73 for clerical staff, and $17.80 for workman staff. These hourly labor rates are ba sed on the most current estimates of national cross-industry wages by the U.S. Bureau of Labor Statistics 5 for occupational groups SOC 23- 1011: Lawyers; SOC 11-0000: Management Occ upations; SOC 17-3026: Industrial Engineering Technicians; SOC 53-7064: Packers and Packag ers, Hand; and SOC 43- 9061: Office Clerks, General, respectively, multiplied by a factor 6 of 1.6741 to account for fringe benefits 7 and

overhead. 8

Estimating Capital and Operation and Maintenance Costs

EPA estimates there will be no capital costs incurred. Operation and maintenance (O&M) costs include postage, materials, and lump-sum purchased service costs. Examples of O&M costs

include:

· Laboratory fees for analyzing samples;

· Contractor travel/lodging costs;

· Professional certifications for certain work performed; and

· Mailing and shipping costs.

To update the O&M costs in the previous ICRs (#1189.20 and #1189.21), which were based mainly on the 2007 costs, EPA referred to the U.S. Bureau of Labor Statistics’ (BLS)

Consumer Price Index data for all urba n consumers (1982 – 84 index = 100) at

5 U.S. Bureau of Labor Statistics (BLS)’s May 2010 National Industry

‐ Specific Occupational Employment and Wage

Estimates cross all industry sectors, at: http://www.bls.gov/oes/current/oes_nat.htm

6

= [1+ (Fringe Benefits %) / (100%
‐ Fringe Benefits %)] x (1+ Overhead %)

7 Applied “All goods

‐ producing” industry group fringe benefits percentage of 33.1% from “Table 6. Private industry,
by major industry group” of the US Bureau of Labor Statistics (BLS) “Employer Costs for Employee Compensation” (ECEC), December 2010 at http://www.bls.gov/schedul e/archives/eci_nr.htm

. 8 In absence of data specific to industry, applied 12% Federal civilian overhead cost factor from Figure C1 of the

REVISED February 2008 OMB Circular A

‐ 76 at http://www.whitehouse.gov/omb/circu lars_a076_a76_incl _tech_correction/ ; the multiplier =

.55

http://www.bls.gov/cpi/cpi_dr.htm . EPA used the June 2007 inde x (208.35) and June 2010 index (217.97) to develop an adjustment factor of 1.0462 (= 217.97 / 208.35).

6(c) ESTIMATING AG ENCY BURDEN AND COST

Exhibit 7 below presents the estimated annua l Agency burden and costs associated with the requirements covered in this ICR. EPA estim ates an average hourly labor cost of $67.46 for legal staff, $65.49 for managerial staff, $39.01 for technical staff, and $25.66 for clerical staff that involve State government em ployee labor rather than Federa l employee labor because most RCRA programs are implemented by RCRA-authori zed States. These hourly labor rates are

based on the most current estimates of State government wages by the U.S. Bureau of Labor

Statistics 9 for occupational groups SOC 23-1011: Lawyers; SOC 11-0000: Management Occupations; SOC 19-4091: Environmental Scien ce and Protection Tech nicians; and SOC 43- 9061: Office Clerks, General, resp ectively, multiplied by a factor 10 of 1.7073 to account for fringe benefits 11 and overhead. 12

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN

AND COST

READING AND UNDERSTANDING THE REGUL ATIONS FOR IDENTIFICATION, LISTING, AND RULEMAKING PETITIONS (Exhibit 1)

The petitioner must read and understand all of the applicable regula tions in 40 CFR Parts

260 and/or 261. This cost is a one-time cost. EPA estimates that all facilities submitting petitions and demonstrations will read the regulati ons. Thus, EPA estimates that 2,603 respondents 13 will read the pertinent Part 260 and 261 regulations each year.

RULEMAKING PETITIONS (Exhibit 2)

Section 260.20 requires petitioners seeking to modify or rev oke any provision in 40 CFR Parts 260 - 265 and 268 to submit specific informa tion. Based on consultati ons with the Regions and States, EPA estimates that approximately 21 rulemaking petitions will be submitted every

year.

9 U.S. Bureau of Labor Statistics (BLS)’s May 2010 National Industry

‐ Specific Occupational Employment and Wage

Estimates for NAICS 999200

– State Government (OES Designation), at: http://www.bls.gov/oes/curr ent/naics4_999200.htm#b17

‐ 0000

10

= [1+ (Fringe Benefits %) / (100%
‐ Fringe Benefits %)] x (1+ Overhead %)

11 Applied 34.4% fringe benefits percentage from “Table 3. State and local government, by major occupational and
industry group” of the US Bureau of Labor Statistics (BLS) “Employer Costs for Employee Compensation” (ECEC),

December 2010 at http://www.bls.gov/schedule/archives/eci_nr.htm

. 12 In absence of data specific to state governments, applied 12% Federal civilian overhead cost factor from Figure

C1 of the REVISED February 2008 OMB Circular A

‐ 76 http://www.whitehouse.gov/omb/circu lars_a076_a76_incl _tech_correction/

. 13 Including 155 in ICR #1189.14, 33 in ICR #1189.15, 1,258 (annualized) in ICR #1189.16, 1,089 (annualized) in ICR

#1189.17, and 68 in ICR #1189.21.56

Section 260.21 requires petitioners for equiva lent testing or analytical methods to

demonstrate to the satisfaction of the Administ rator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility. EPA estimates that each year, one of the 21 rule making petitions submitted will be a petition for equivalent testing or analytical methods. The facili ty also is expected to comply with the section 260.20 general requirements.

Section 260.22 requires petitione rs seeking to amend 40 CFR Part 261 to exclude a waste produced at a particular facility to demonstrate that the waste does not meet any hazardous waste criteria. EPA estimates that 20 of the 21 rulemaking petitions submitted annually will be delisting petitions for wastes produced at specific facilities. Thes e facilities are also expected to comply with the section 260.20 general requirements.

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS (Exhibit 3)

Section 260.33 requires facilities that request variances from classification as a solid waste for specified recycled ma terials (e.g., speculatively collect ed materials) to address the

criteria contained in section 260.31. EPA estimates th at for each of the th ree types of variances described in section 260.31, 10 fac ilities will submit a request each year, for a total of 30 variance requests annually.

Section 260.32 requires persons re questing to classify as a bo iler certain enclosed devices (using controlled flame combustion) to submit a dem onstration addressing the criteria detailed in section 260.32. EPA estimates that one facility will request this variance each year.

HAZARDOUS WASTE EXCLUSIONS (Exhibit 4)

Under section 261.3(a)(2), f acilities may claim a wast ewater exclusion. Section 261.3(a)(2)(iv) allows faci lities to claim the “Headworks Rule” exemption as amended by the October 4, 2005 final rule (70 FR 57769). EPA es timates that an incremental count of 3,266 facilities may voluntarily claim a Head works Exclusion exemption under 40 CFR 261.3(a)(2)(iv)(A), (B), (F), or (G). EPA estimates that during the three-year life of this ICR, 3,266 facilities (or 1,089 f acilities per year) may be expected to read the rule, and 1, 811 facilities may initially prepare and submit a sampli ng and analysis plan to the regulatory agency and confirm delivery prior to commencing dir ect monitoring. EPA estimates that these 1,811 facilities may conduct direct monitoring annually, on average, during the life of this ICR, and

that between 1% to 2% of thes e 1,811 facilities (say 1.5%, or 27 fa cilities), on average, may need to modify their site-specific plan each year beca use a change in the facility operations mandates a change in the plan. In addition, EPA estimates that 1,337 facilities may take advantage of the expanded de minimis exemption each year under section 261.3( a)(2)(iv)(D). Some of the burden associated with these claimants is one-year only (i .e., initial first year), and some of the burden is annually recurring. Furthermore, because the purpose of this ICR is to estimate annual burden under the rule, EPA has annualized burden over the 3-year lifespan of this ICR.57

Section 261.3(c)(2) allows facilities to obt ain a hazardous waste exclusion for certain

nonwastewater residues. EPA estimates that one facility will submit a non wastewater exemption under section 261.3(c)(2).

Section 261.4(a)(9)(iii) allows facilities to exclude from being a solid waste spent wood preserving solutions and wastewat ers from wood preserving proce sses. EPA believes that most facilities have already taken adva ntage of this exclusion, but EP A conservatively estimates that five new facilities each year will prepare and submit a notification. An additional 15 facilities

will submit a notice of violation a nd apply for reinstatement annually.

Section 261.4(a)(17) allows facilities to prepar e an application for a site-specific process unit determination for their solid mineral processing materials and to provide notice to EPA.

Note that this exclusion was voided by the courts. Therefore, no respondents are expected to

claim this exclusion.

Under section 261.4(a)(20 )(ii)(A), generators and inte rmediate handlers may obtain a hazardous waste exclusion for zinc-bearing haza rdous secondary materials that are to be incorporated into zinc fertilizers. Section 261,4( a)(20)(iii)(B), allows manufacturers of zinc

fertilizers or zinc fertilizer ingredients made from excluded ha zardous secondary materials to

obtain a hazardous waste exclusion. EPA estimates that 24 generators of zinc-bearing hazardous secondary materials used to make fertilizers and fi ve manufacturers of zinc fertilizers or zinc fertilizer ingredients will use the conditional exclusion. These facilities must submit a

notification and maintain records. The manufacturers must also submit an annual report, perform sampling and analysis, and keep sa mpling and analysis records.

EPA estimates that one facility will prepar e a demonstration for chromium-containing waste by following the requirement s in section 261.4(b)(6).

EPA estimates that most of the samples shi pped to or returned by a laboratory will be covered by DOT or USPS shipping requirements. EPA estimates that 45 samples per year will not be covered by these requirements and ther efore will be subject to the information requirements specified in section 261.4(d )(2)(ii)(A).

Section 261.4(e)(2) requires pe rsons who generate or collect samples for the purpose of conducting treatability studies to comply with sp ecific informational collections. EPA estimates that two facilities will ge nerate or collect treatability study sa mples every year and therefore will

need to collect and maintain information a nd report to EPA in the Biennial Report.

Section 261.4(e)(3) allo ws persons who generate or collect samples for the purpose of conducting treatability studies to petition to incr ease the quantity limits on treatability study samples. EPA estimates that one of the generators or collectors of trea tability study samples will submit this request. Section 261.4(e)(3) also provide s for a two-year extension for treatability studies involving bioremediation. EPA estimates that one of the genera tors or collectors of these samples will submit a reque st for an extension.58

Section 261.4(f) requires testing facilities conducting treatabilit y studies to comply with a number of informational requirement provisions. EPA estimates that two testing facilities will seek an exemption each year. These facilities must submit a notification, maintain records, submit an annual report, and submit a termina tion letter once testing has been completed.

Section 261.39(a)(2) requires generators of used, broken CRTs destined for recycling to label or mark clearly each container (e.g., “gaylord” box) in which used, broken CRTs are contained, as specified. EPA estimates that, each year, respondents will use 32,423 containers. EPA assumes that these respondents will mark each of these containers by writing the specified

words on them. EPA also assumes that each container will be used only once.

Section 261.39(a)(5) requires exporters of used, broke n CRTs to provide written

notification to EPA of an inte nded export before the CRTs are sc heduled to leave the U.S. EPA estimates that, each year, 256 shipments of used CRTs will be exported for recycling. EPA expects that these exporters will notify the Agency of their intent to export the used CRTs. In addition, the Agency estimates that approximately 26 exporters will furnish additional

information.

Section 261.41 requires exporters of used, intact CRTs for reuse to send a one-time notification to EPA. EPA estimates that, each year, 14 respondents will export used CRTs for reuse. EPA assumes that all these respondents wi ll notify the Agency once during the three-year life of the ICR. In estimating the annualrespondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of respondents by three. T hus, EPA estimates that 5 respondents (i.e., 14 respondents / 3 years), on average, will subm it the one-time notifica tion each year.

HAZARDOUS WASTE LISTING EXEMPTIONS (Exhibit 5)

EPA estimates that one facility will claim the section 261.31(b)(2) sludge hazardous waste exemption each year. This facility will maintain information supporting the criteria for exemption.

EPA estimates that one facility per year wi ll develop equipment cleaning or replacement plans under section 261.35, document cleaning or re placement in the facil ity operating record, and certify that procedures were followed.59

Section 261.32 (d) allows fac ilities to claim a listing exem ption for K181 organic dyes and/or pigments production nonwastewaters. EP A estimates that two facilities will use knowledge of their wastes to determine that their wastes do not contain any of the K181 constituents identified in §261.32(c). EPA estimates that, each year, 22 facilities that generate 1,000 metric tons or less of wastes containing K181 constituents will follow the procedures under §261.32(d)(2) to determine whether or not th eir wastes exceed the mass loading levels in the listing. EPA estimates that, each year, eight of the nine facilities that generate more than 1,000 metric tons of wastes containing K181 constituents will follow the procedures under §261.32(d)(3) to determine whether or not their wastes exceed th e mass loading levels in the listing. (The remaining one facility may continue to burn its waste with hi gh organic content in on site boilers permitted by the State under the Clean Air Act for energy recovery; this waste is also exempt from the K181 listing, and the resultant ash may thus be managed as nonhazardous.)

Section 261.31(b)(4) al lows motor vehicle manufacturers to claim a listing exemption for F019 wastewater treatment sludges from the ch emical conversion coating of aluminum. Such

facilities must maintain on site for a minimu m of three years documentation and information sufficient to prove that the wa stewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. EPA estimates that seven generators would claim this exemption, incurring negligible burden for this acti vity since they would most likely keep such records as a standard business practic e (e.g., invoices or shipping papers).60EXHIBIT 1READING THE REGULATIONSANNUAL ESTIMATED RESPONDENTBURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsNumberofLeg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total TotalINFORMATION COLLECTION $104.18 $84.86 $40.68 $22.73 Hours/ Cost/ Startup O & M or Hours/ Cost/ACTIVITY /Hour /Hour /Hour /Hour Year Year Cost Cost Activ. Year YearReading and Understanding the Regulations for ID, Listing, and Rulemaking PetitionsRead the Regulations 0.25 0.50 1.00 0.00 1.75 $109.16 $0.00 $0.00 2,603 4,555.25 $284,139Total: Read the Regulations 0.25 0.50 1.00 0.00 1.75 $109.16 $0.00 $0.00 2,603 4,555.25 $284,13961EXHIBIT 2RULEMAKING PETITIONSANNUAL ESTIMATED RESPONDENT BURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsNumberofLeg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total TotalINFORMATION COLLECTION $104.18 $84.86 $40.68 $22.73 Hours/ Cost/ Startup O & M or Hours/ Cost/ACTIVITY /Hour /Hour /Hour /Hour Year Year Cost Cost Activ. Year YearRulemaking PetitionsGeneral Requirements (260.20)Describe/prepare a statement onproposed action 1.63 5.45 16.35 7.63 31.06 $1,471.20 $0.00 10,892$ 21 652.26 $259,627.30State the need and justificationfor the proposed action 0.00 5.45 54.49 0.00 59.94 $2,679.21 $0.00 $0.00 21 1,258.74 $56,263.31Subtotal 1.63 10.90 70.84 7.63 91.00 $4,150.41 $0.00 $10,892.00 21 1,911.00 $315,890.61Equivalent Methods Petitions (260.21)Describe the proposed method 0.00 3.00 20.00 1.00 24.00 $1,090.95 $0.00 $0.00 1 24.00 $1,090.95Describe the proposed methods'procedural steps and equipment 0.00 2.00 10.00 1.00 13.00 $599.28 $0.00 $0.00 1 13.00 $599.28Describe wastes/waste matrices forproposed method 0.00 3.00 20.00 2.00 25.00 $1,113.69 $0.00 $0.00 1 25.00 $1,113.69Compare results from proposedmethod with results fromprescribed method 0.00 2.00 10.00 0.00 12.00 $576.54 $0.00 $0.00 1 12.00 $576.54Assess any limiting factors forthe proposed method 0.00 5.00 30.00 2.00 37.00 $1,690.23 $0.00 $0.00 1 37.00 $1,690.23Describe the quality and controlprocedures 0.00 3.00 20.00 1.00 24.00 $1,090.95 $0.00 $0.00 1 24.00 $1,090.95Provide any additional information 0.00 2.00 10.00 1.00 13.00 $599.28 $0.00 $0.00 1 13.00 $599.28Subtotal 0.00 20.00 120.00 8.00 148.00 $6,760.92 $0.00 $0.00 1 148.00 $6,760.9262EXHIBIT 2, continuedDelisting Petition (260.22)Provide general information on thelaboratory conducting the tests 0.00 0.00 8.79 0.00 8.79 $357.68 $0.00 $0.00 20 175.85 $7,153.68Provide detailed information on theindividuals sampling and testingthe waste samples 0.00 4.40 0.88 0.88 6.15 $428.82 $0.00 $1,609.00 20 123.09 $40,756.46Provide the dates of samplingand testing 0.00 0.00 0.88 0.00 0.88 $35.77 $0.00 $0.00 20 17.58 $715.37Provide information on the locationof the facility 0.00 0.00 0.88 0.88 1.76 $55.76 $0.00 $0.00 20 35.17 $1,115.15Describe the manufacturing processesor other operations and feedmaterials producing the waste 0.00 4.40 87.92 0.88 93.20 $3,969.89 $0.00 $0.00 20 1,863.96 $79,397.85Assess variability of generator'swaste stream 0.00 0.00 87.92 0.00 87.92 $3,576.84 $0.00 $0.00 20 1,758.45 $71,536.75Describe the waste 0.00 0.00 17.58 0.88 18.46 $735.36 $0.00 $0.00 20 369.28 $14,707.13Estimate the average maximummonthly and annual quantities ofwaste covered by the demonstration 0.00 0.00 17.58 0.00 17.58 $715.37 $0.00 $0.00 20 351.69 $14,307.35Provide pertinent data on discussionof factors per 261.11(a)(3) 0.00 0.00 43.96 0.88 44.84 $1,808.41 $0.00 $0.00 20 896.81 $36,168.16Describe the methodologies andequipment used for representativesamples 0.00 0.00 35.17 0.88 36.05 $1,450.72 $0.00 $32,180.00 20 720.97 $672,614.48Describe the sample handling andpreparation techniques 0.00 0.00 17.58 0.88 18.46 $735.36 $0.00 $0.00 20 369.28 $14,707.13Describe the tests performed andtheir results 0.00 0.00 0.88 0.88 1.76 $55.76 $0.00 $5,324.00 20 35.17 $107,595.15Provide the name and model numbersof instruments used 0.00 0.00 0.88 0.88 1.76 $55.76 $0.00 $0.00 20 35.17 $1,115.15Certify petition 0.00 0.88 0.00 0.00 0.88 $74.61 $0.00 $0.00 20 17.58 $1,492.26Provide any additional information 0.00 3.52 21.98 0.00 25.50 $1,192.66 $0.00 $0.00 20 509.95 $23,853.24Subtotal 0.00 13.19 342.90 7.91 364.00 $15,248.77 $0.00 $39,113.00 20 7,280.00 $1,087,235.30Total: Rulemaking Petitionsvaries varies varies varies varies $26,160.09 $0.00 $50,005.00 varies 9,339.00 $1,409,886.8363EXHIBIT 3SOLID WASTE AND BOILER VARIANCE REQUIREMENTSANNUAL ESTIMATED RESPONDENT BURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsNumberofLeg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total TotalINFORMATION COLLECTION $104.18 $84.86 $40.68 $22.73 Hours/ Cost/ Startup O & M or Hours/ Cost/ACTIVITY /Hour /Hour /Hour /Hour Year Year Cost Cost Activ. Year YearSolid Waste and Boiler Variance RequirementsVariance from Classification as a Solid Waste (260.31)(a) and 260.33(a))Provide information on the mannerin which the material is expectedto be recycled 0.00 0.00 30.00 0.00 30.00 $1,220.45 $0.00 $25.00 10 300.00 $12,454.48Explain why the petitioner hasaccumulated for one or more yearswithout recycling 75% of the volumeaccumulated at the beginning ofthe year 0.00 0.00 5.00 0.00 5.00 $203.41 $0.00 $0.00 10 50.00 $2,034.08Provide information on the quantityof material already accumulated andthe quantity expected to begenerated and accumulated beforethe material is recycled 0.00 0.00 24.00 0.00 24.00 $976.36 $0.00 $0.00 10 240.00 $9,763.59Provide information on the extent towhich the material is handled tominimize loss 0.00 0.00 6.00 0.00 6.00 $244.09 $0.00 $0.00 10 60.00 $2,440.90Provide any additional relevantinformation 0.00 0.00 10.00 0.00 10.00 $406.82 $0.00 $0.00 10 100.00 $4,068.16Subtotal 0.00 0.00 75.00 0.00 75.00 $3,051.12 $0.00 $25.00 10 750.00 $30,761.21Variance From Classification as a Solid Waste (260.31(b) and 260.33(a))Provide information on the economicviability of the production processusing virgin materials solely, ratherthan reclaimed materials 0.00 0.00 40.00 0.00 40.00 $1,627.26 $0.00 $25.00 10 400.00 $16,522.65Describe the industry-wide prevalenceof the practice 0.00 0.00 20.00 0.00 20.00 $813.63 $0.00 $0.00 10 200.00 $8,136.3264EXHIBIT 3, continuedDescribe the extent to which thematerial is handled beforereclamation to minimize loss 0.00 0.00 24.00 0.00 24.00 $976.36 $0.00 $0.00 10 240.00 $9,763.59Describe the time periods betweenmaterial generation and reclamation, andbetween reclamation and return tooriginal primary production process 0.00 0.00 20.00 0.00 20.00 $813.63 $0.00 $0.00 10 200.00 $8,136.32Describe the location of the reclamationoperation and production process 0.00 0.00 1.00 0.00 1.00 $40.68 $0.00 $0.00 10 10.00 $406.82Describe whether the reclaimedmaterial is used for the purpose forwhich it was originally producedwhen returned to the original process 0.00 0.00 20.00 0.00 20.00 $813.63 $0.00 $0.00 10 200.00 $8,136.32Describe whether the person whogenerates the material also reclaims it 0.00 0.00 1.00 0.00 1.00 $40.68 $0.00 $0.00 10 10.00 $406.82Provide any additional relevantinformation 0.00 0.00 20.00 0.00 20.00 $813.63 $0.00 $0.00 10 200.00 $8,136.32Subtotal 0.00 0.00 146.00 0.00 146.00 $5,939.52 $0.00 $25.00 10 1,460.00 $59,645.16Variance From Classification as a Solid Waste (260.31(c) and 260.33(a))Provide information on the degreeof processing the material hasundergone and the degree of furtherprocessing that is required 0.00 0.00 40.00 0.00 40.00 $1,627.26 $0.00 $25.00 10 400.00 $16,522.65Provide information on the value ofthe reclaimed material 0.00 0.00 16.00 0.00 16.00 $650.91 $0.00 $0.00 10 160.00 $6,509.06Describe the degree to which thereclaimed material is like ananalogous raw material 0.00 0.00 40.00 0.00 40.00 $1,627.26 $0.00 $0.00 10 400.00 $16,272.65Examine the extent to which an endmarket for the reclaimed materialis guaranteed 0.00 0.00 20.00 0.00 20.00 $813.63 $0.00 $0.00 10 200.00 $8,136.32Describe the extent to which thereclaimed material is handled tominimize loss 0.00 0.00 6.00 0.00 6.00 $244.09 $0.00 $0.00 10 60.00 $2,440.90Provide any additional relevantinformation 0.00 0.00 20.00 0.00 20.00 $813.63 $0.00 $0.00 10 200.00 $8,136.32Subtotal 0.00 0.00 142.00 0.00 142.00 $5,776.79 $0.00 $25.00 10 1,420.00 $58,017.8965EXHIBIT 3, continuedVariance for Classification as a Boiler (260.32 and 260.33(a))Describe the extent to which the unithas provisions for recovering andexporting thermal energy from steam,heated fluids, or heated gases 0.00 1.00 10.00 0.00 11.00 $491.68 $0.00 $0.00 1 11.00 $491.68Describe the extent to which thecombustion chamber and energyrecovery equipment are of integraldesign 0.00 1.00 20.00 0.00 21.00 $898.49 $0.00 $0.00 1 21.00 $898.49Describe the efficiency of energyrecovery, calculated in terms of therecovered energy compared with thethermal value of fuel 0.00 1.00 20.00 4.00 25.00 $989.43 $0.00 $0.00 1 25.00 $989.43Describe the extent to whichexported energy is utilized 0.00 0.0016.00 3.00 19.00 $719.11 $0.00 $0.00 1 19.00 $719.11Describe the extent to which thedevice is in common and customaryuse as a 'boiler' functioning primarilyto produce steam, heated fluids, orheated gases 0.00 1.00 20.00 1.00 22.00 $921.23 $0.00 $0.00 1 22.00 $921.23Provide any additional relevantinformation 0.00 0.00 10.00 8.00 18.00 $588.69 $0.00 $0.00 1 18.00 $588.69Subtotal 0.00 4.00 96.00 16.00 116.00 $4,608.64 $0.00 $0.00 1 116.00 $4,608.64Total: Solid Waste and BoilerVariance Requirementsvaries varies varies varies 479.00$19,376.07 $0.00 $75.00 varies 3,746.00 $153,032.9066EXHIBIT 4EXCLUSIONS FROM THE DEFINITION OF HAZARDOUS WASTEANNUAL ESTIMATED RESPONDENT BURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsNumberofLeg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total TotalINFORMATION COLLECTION $104.18 $84.86 $40.68 $22.73 Hours/ Cost/ Startup O & M or Hours/ Cost/ACTIVITY /Hour /Hour /Hour /Hour Year Year Cost Cost Activ. Year YearHazardous Waste ExclusionsWastewater Exemption (261.3(a)(2)(iv))Demonstrate the wastewater exclusion 0.00 4.00 16.00 8.00 28.00 $1,172.23 $0.00 $6.00 1 28.00 $1,178.23Revisions to the Headworks Exclusion at 261.3(a)(2)(iv)(A), (B), (D), (F) and (G)Direct Monitoring: Site-Specific Sampling PlanPrepare and submit site-specific sampling pla0.00 0.50 1.00 0.50 2.00 $94.48 $0.00 $3.00 6041,207.33 $58,845Conduct direct monitroing 0.00 0.00 24.00 0.00 24.00 $976.36 $0.00 $4,714.00 1,81143,464.00 $10,305,240Update and submit the sampling plan if neede0.00 0.10 0.25 0.15 0.50 $22.07 $0.00 $3.00 2713.50 $677Facilities Claiming Expanded de minimis ExemptionKeep records of documents 0.00 0.00 0.35 0.15 0.50 $17.65 $0.00 $0.00 1,337668.50 $23,596Nonwastewater Exemption (261.3(c)(2)(ii)(C))Prepare and submit notificationand certification 0.00 1.00 1.00 1.50 3.50 $159.65 $0.00 $13.00 1 3.50 $172.65Maintain documents in facility files 0.00 0.00 0.00 0.50 0.50 $11.37 $0.00 $0.00 1 0.50 $11.37Exclusion for Spent Wood Preserving Solutions and Wastewaters from Wood Preserving Processes (261.4(a)(9)(iii))Prepare and submit notification 0.00 0.50 1.00 6.00 7.50 $219.52 $0.00 $3.00 5 37.50 $1,112.61Update notification, if needed 0.00 1.00 8.00 2.00 11.00 $455.78 $0.00 $3.00 15 165.00 $6,881.77Exclusion for Secondary Materials from the Mineral Processing Industry (261.4(a)(17))Prepare and submit application 0.00 1.00 8.00 1.00 10.00 $433.05 $0.00 $3.00 0 0.00 $0.00Prepare and submit notification 0.00 0.50 1.00 8.00 9.50 $264.99 $0.00 $3.00 0 0.00 $0.00Update notification, if needed 0.00 0.25 0.50 9.00 9.75 $246.17 $0.00 $3.00 0 0.00 $0.0067EXHIBIT 4, continuedExclusion for Recycled Hazardous Secondary Materials to Make Zinc Fertilizer Products (261.4(a)(20)-(21))Requirements for GeneratorsNotification (261.4(a)(20)(ii)(B))Complete and submit notification 0.00 0.10 0.25 0.00 0.35 $18.66 $0.00 $3.00 8 2.80 $173.25Record of Shipments (261.4(a)(ii)(C))Keep records of shipping activities 0.00 0.00 0.00 0.10 0.10 $2.27 $0.00 $0.00 24 2.40 $54.56Requirements for ManufacturersNotification (261.4(a)(20)(iii)(B))Complete and submit notification 0.00 0.10 0.25 0.00 0.35 $18.66 $0.00 $3.00 2 0.70 $36.17Record of Shipments (261.4(a)(iii)(C))Keep records of shipping activities 0.00 0.00 0.00 0.10 0.10 $2.27 $0.00 $0.00 5 0.50 $11.37Annual report (261.4(a)(20)(iii)(D))Complete and submit the annual report 0.00 0.25 2.00 0.50 2.75 $113.95 $0.00 $3.00 5 13.75 $584.73Product sampling and analysis (261.4(a)(21)(ii)(iii))Sample and analyze the product 0.00 0.00 1.00 0.00 1.00 $40.68 $0.00 $2,068.00 5 5.00 $10,543.41Keep sampling and analysis records 0.00 0.00 0.00 0.10 0.10 $2.27 $0.00 $0.00 5 0.50 $11.37Exemption for Chromium-Containing Waste (261.4(b)(6))Demonstrate the waste meets thehazardous waste exclusion 0.00 4.00 16.00 8.00 28.00 $1,172.23 $0.00 $6.00 1 28.00 $1,178.23Exemption for Samples (261.4(d)(2)(ii)(A))Collect and maintain information on thesample and the collector 0.00 1.00 16.00 4.00 21.00 $826.71 $0.00 $6.00 45 945.00 $37,471.83Exemption for Treatability Study Samples (261.4)(e)(2)-(3))Collect, copy, file and maintainthe required information 0.00 0.00 4.00 0.00 4.00 $162.73 $0.00 $25.00 2 8.00 $375.45Prepare and report to EPA requiredinformation (in the Biennial Report)* 0.00 0.00 4.00 0.00 4.00 $162.73 $0.00 $0.00 2 8.00 $325.45Prepare and submit a request for anincrease of the quantity limit 0.00 1.00 4.00 1.00 6.00 $270.32 $0.00 $0.00 1 6.00 $270.32Prepare and submit a request for anextension of up to two years fortreatability studies involving bioremediation 0.00 1.00 4.00 1.00 6.00 $270.32 $0.00 $0.00 1 6.00 $270.3268EXHIBIT 4, continuedExemption for Treatability Study Samples Undergoing Testing (261.4)(f))Notify the Regional Administrator 0.00 1.00 0.00 1.00 2.00 $107.60 $0.00 $13.00 2 4.00 $241.19Maintain records for three years 0.00 0.00 0.00 1.00 1.00 $22.73 $0.00 $6.00 2 2.00 $57.47Prepare and submit the annual report 0.00 2.00 10.00 4.00 16.00 $667.48 $0.00 $13.00 2 32.00 $1,360.96Prepare and submit thetermination letter 0.00 1.00 0.00 2.00 3.00 $130.33 $0.00 $13.00 2 6.00 $286.66zzzSub-Total: Hazardous Waste Exclusionsvaries varies varies varies 202.50$8,065.26 $0.00 $6,913.00 varies 46,658.48 $10,450,968Solid Waste ExclusionsLabels (261.39(a)(2))Prepare and report to EPA requiredinformation (in the Biennial Report)* 0.00 0.00 0.00 0.00 0.10 $1.78 0.00 0.00 32,4233,242.30 $57,700.34Export Notification for Used CRTs Destined for Recycling (261.39(a)(5))Prepare and submit written notification 0.00 0.10 1.80 1.50 3.40 $115.82 0.00 0.38 256 870.40 $29,746.01Prepare and submit additional information thata receiving country requests in order torespond to a notification 0.00 0.10 0.50 0.10 0.70 $31.10 0.00 0.38 26 18.20 $818.49Keep copies of notifications and consents 0.00 0.00 0.00 0.10 0.10 $2.27 0.00 0.00 256 25.60 $582.01Export Notification for UsedCRTs Destined for Reuse (261.41)Prepare and submit a one-time notification 0.00 0.10 0.50 0.10 0.70 $31.10 0.00 0.38 5 3.50 $157.40Keep copies of a normal business records(e.g., contracts) demonstrating that eachshipment of exported CRTswill be reused 0.00 0.00 0.00 0.10 0.10 $2.27 0.00 0.00 14 1.40 $31.83Sub-Total: Solid Waste Exclusionsvaries varies varies varies 5.10$184.34 $0.00 $1.14 varies 4,161.40 $89,036.09Total: Exclusionsvaries varies varies varies 207.60$8,249.61 $0.00 $6,914.14 varies 50,819.88 $10,540,004* Assumes all generators and collectors must submit Biennial Reports69EXHIBIT 5HAZARDOUS WASTE LISTING EXEMPTIONSANNUAL ESTIMATED RESPONDENTBURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsNumberofLeg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total TotalINFORMATION COLLECTION $104.18 $84.86 $40.68 $22.73 Hours/ Cost/ Startup O & M or Hours/ Cost/ACTIVITY /Hour /Hour /Hour /Hour Year Year Cost Cost Activ. Year YearHazardous Waste Listing ExemptionsHazardous Wastes from Non-Specific Sources (261.31(b)(2)(ii))Develop data and documents to supportcriteria for exemption 0.00 4.00 40.00 6.00 50.00 $2,103.12 $0.00 $0.00 1 50.00 $2,103.12Maintain records 0.00 0.00 0.00 2.00 2.00 $45.47 $0.00 $13.00 1 2.00 $58.47Subtotal0.00 4.00 40.00 8.00 52.00 $2,148.59 $0.00 $13.00 1 52.00 $2,161.59Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement (261.35)Prepare equipment cleaning orreplacement plan 0.00 0.00 24.00 8.00 32.00 $1,158.24 $0.00 $13.00 1 32.00 $1,171.24Prepare and maintain documentationsupporting cleaning/replacement ofequipment in accordance with plan 0.00 2.00 16.00 9.00 27.00 $1,025.24 $0.00 $1,250.00 1 27.00 $2,275.24Prepare and maintain certification thatequipment was cleaned or replaced inaccordance with plan 0.00 2.00 0.00 1.00 3.00 $192.46 $0.00 $0.00 1 3.00 $192.46Subtotal0.00 4.00 40.00 18.00 62.00 $2,375.94 $0.00 $1,263.00 1 62.00 $3,638.9470EXHIBIT 5, continuedDetermine that the organic dyes and/orpigments production nonwastewater is notK181 0.00 0.25 1.00 0.00 1.25$61.90$0.00 $0.00 23$124Document the basis for determining thatthe organic dyes and/or pigmentsproduction nonwastewater is not K181 onan annual basis 0.00 0.00 0.50 0.00 0.50$20.34$0.00 $0.00 21$41Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10$2.27$0.00$0.00 20$5Subtotal0.00 0.25 1.50 0.10 1.85$84.51$0.00$0.00 24$170Document the basis for determining thatthe annual quantity of nonwastewatersexpected to be generated is less than1,000 metric tons 0.00 0.25 4.00 0.10 4.35$186.22$0.00 $0.00 2296$4,097Track the actual quantity ofnonwastewaters generated throughout theyear 0.00 0.00 3.00 0.00 3.00$122.04$0.00 $0.00 2266$2,685Keep a running total of the K181constituent mass loadings over the courseof the calendar year 0.00 0.00 3.00 0.00 3.00$122.04$0.00 $0.00 2266$2,685Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10$2.27$0.00$0.00 222$50Subtotal0.00 0.25 10.00 0.20 10.45$432.58$0.00$0.00 22230$9,517Determine which K181 constituents arereasonably expected to be present in thewastes based on testing 0.00 0.00 2.00 0.10 2.10$83.64$0.00$4,637.00817$37,765Develop waste sampling and analysis plan 0.00 0.25 4.00 0.50 4.75$195.31$0.00 $0.00 838$1,562Collect and analyze samples inaccordance with the waste sampling andanalysis plan 0.00 0.00 2.00 0.25 2.25$87.05$0.00$7,602.00818$61,512Record analytical results 0.00 0.00 0.25 0.00 0.25$10.17$0.00$0.00 82$81PROCEDURES FOR DEMONSTRATING THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION NONWASTEWATERS ARE NOT K181 (261.32(d))Determination Based on No K181 Constituents ((261.32(d)(1))Determination For Low Volume Wastes thatContain K181 Constituents (261.32(d)(2))Determination for High Volume Wastes with K181 Constituents (261.32(d)(3))71EXHIBIT 5, continuedRecord the waste quantity represented bythe sampling and analysis results 0.00 0.00 0.25 0.00 0.25$10.17$0.00 $0.00 82$81Calculate constituent-specific massloadings 0.00 0.00 1.00 0.00 1.00$40.68$0.00 $0.00 88$325Keep a running total of the K181constituent mass loadings over the courseof the calendar year 0.00 0.00 3.00 0.00 3.00$122.04$0.00 $0.00 824$976Determine whether the annual massloadings are below the K181 listing levels 0.00 0.00 0.10 0.00 0.10$4.07$0.00 $0.00 81$33Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10$2.27$0.00$0.00 81$18If annual testing requirements aresuspended, use knowledge of the wasteto support subsequent annualdetermination 0.00 0.25 4.00 0.00 4.25$183.94$0.00 $0.00 00$0If annual testing requirements aresuspended, keep records of the processknowledge information used to support anonhazardous determination 0.00 0.00 0.00 0.10 0.10$2.27$0.00 $0.00 00$0If the manufacturing or waste treatmentprocesses generating the wastes aresignificantly altered, retain a description ofthe process change 0.00 0.25 1.00 0.10 1.35$64.17$0.00 $0.00 00$0Subtotal0.00 varies varies varies varies varies$0.00 varies varies111$102,353Maintain documentation demonstratingthat each shipment of waste was receivedby a landfill cell subject to the landfilldesign standards set out in the listingdescription0.00 0.00 0.00 0.10 0.10$2.27$0.00 $0.00 303$68Keep Records of Shipments0.00 0.00 0.00 0.10 0.10$2.27$0.00$0.00 71$16Total: Lists of Hazardous Wastevaries varies varies variesvaries varies varies variesvaries 463.00 117,925RECORDKEEPING DEMONSTRATIONS FOR USE OF APPROPRIATE LANDFILLS (261.32(d)(4))Facilities Claiming Conditional Exclusion from the F019Listing (261.31)(b)(4)(iii)72EXHIBIT 6TOTAL ANNUAL ESTIMATED RESPONDENT BURDENINFORMATION COLLECTION Number of Number of Total Total Labor Total Capital Total O&M TotalACTIVITY Respondents Activities Hours/ Year Cost / Year Cost / Year Cost / Year Cost/YearReading the Regulations 2603 14,555 $284,139$0$0 $284,139Rulemaking Petitions varies 29,339 $398,895$0$1,010,992 $1,409,887Solid Waste and Boiler Variances varies 4 3,746$152,283$0$750 $153,033Hazardous Waste Exclusions varies 9 46,658$1,901,143$0$8,549,825 $10,450,968Solid Waste Exclusions varies 3 4,161$88,927$0$109 $89,036Hazardous Waste Listing Exemptions varies 3 463$18,738$0$99,188 $117,925TOTAL ANNUAL BURDENvaries 2268,923 $2,844,124$0$9,660,864 $12,504,98773EXHIBIT 7ANNUAL ESTIMATED AGENCY BURDEN AND COSTHours and Costs Per Respondent Per Activity Total Hours and CostsNumberofLeg. Mgr. Tech. Cler. Respon. Labor Respon. Total TotalINFORMATION COLLECTION $67.46 $65.49 $39.01 $25.66 Hours/ Cost/ or Hours/ Cost/ACTIVITY /Hour /Hour /Hour /Hour Year Year Activ. Year YearReview of Equivalent Methods Petitions (260.20 and 260.21)Review general petition information 0.00 3.00 20.00 0.00 23.00 $976.72 1 23.00 $976.72Request additional information if required 0.00 0.00 2.00 1.00 3.00 $103.69 1 3.00 $103.69Enter information into a database 0.00 0.00 6.00 2.00 8.00 $285.40 1 8.00 $285.40Hold meetings 0.00 1.00 8.00 0.00 9.00 $377.59 1 9.00 $377.59Deliberate 0.00 2.00 18.00 0.00 20.00 $833.20 1 20.00 $833.20Make a draft determination, andpublish draft Federal Register Notice 10.00 3.00 25.00 4.00 42.00 $1,948.99 1 42.00 $1,948.99Review comments and deliberate 4.00 2.00 10.00 0.00 16.00 $790.93 1 16.00 $790.93Make determination and publish finalFederal Register notice 6.00 2.00 24.00 5.00 37.00 $1,600.32 1 37.00 $1,600.32Subtotal 20.00 13.00 113.00 12.00 158.00 $6,916.84 1 158.00 $6,916.84Review of Delisting Petitions (260.20 and 260.22)Review general petition information 3.60 0.90 59.82 5.40 69.72 $2,773.85 20 1,394.30 $55,476.95Request additional information if required 3.60 0.90 18.44 1.80 24.74 $1,067.22 20 494.75 $21,344.33Enter information into a database 0.00 0.00 7.65 0.00 7.65 $298.29 20 152.92 $5,965.88Hold meetings 1.35 3.15 3.15 1.35 9.00 $454.67 20 179.91 $9,093.42Deliberate* 11.24 3.60 26.09 3.60 44.53 $2,104.20 15 667.92 $31,563.01Make a draft determination, and 0.00 0.00 0.00 0.00 0.00publish draft Federal Register Notice 3.60 11.24 44.53 9.00 68.37 $2,947.10 15 1,025.49 $44,206.55Review comments and deliberate 7.20 11.24 37.33 0.00 55.77 $2,678.24 15 836.58 $40,173.64Make determination and publish final 0.00 0.00 0.00 0.00 0.00Federal Register notice 7.20 1.80 9.45 1.80 20.24 $1,017.92 15 303.60 $15,268.75Subtotal 37.78 32.83 206.45 22.94 300.00 $13,341.49 varies 5,055.47$223,092.5474EXHIBIT 7, continuedReview of Solid Waste and Boiler Variance Demonstrations (260.31(a),(b),(c), 260.32, and 260.33(a))Review the demonstrations 0.00 2.20 18.16 0.00 20.36 $852.53 31 631.12 $26,428.30Request additional information if necessary 0.00 0.00 0.55 1.65 2.20 $63.83 31 68.23 $1,978.58Deliberate and issue draft determination 3.85 1.65 25.31 2.20 33.01 $1,411.85 31 1,023.44 $43,767.21Publicize draft determination 0.00 0.00 1.65 4.40 6.05 $177.36 31 187.63 $5,498.02Hold hearing, if required 0.00 0.55 22.01 1.65 24.21 $937.04 31 750.53 $29,048.16Review comments and make final determination 2.20 1.65 23.11 2.20 29.16 $1,214.63 31 904.04 $37,653.54Subtotal 6.05 6.05 90.79 12.11 115.00 $4,657.22 31 3,565.00 $144,373.80Review of Hazardous Waste Exclusion Petitions (261.3 and 261.4)File nonwastewater notification 0.00 0.00 1.00 1.00 2.00 $64.67 1 2.00 $64.67Review, approve, or deny, and keep records of thenotifications and updates 0.00 0.00 2.00 0.25 2.25 $84.44 20 45.00 $1,688.79Review and keep records of applications 0.00 0.00 0.25 0.25 0.50 $16.17 0 0.00 $0.00Process haz. materials generator notification 0.00 0.00 0.25 0.10 0.35 $12.32 8 2.80 $98.55Process zinc fertilizer manufacturer notification 0.00 0.00 0.25 0.10 0.35 $12.32 2 0.70 $20.57Process zinc fertilizer manufacturer annual report 0.00 0.00 1.00 0.10 1.10 $41.58 5 5.50 $207.89Review requests for quantity increasesfor treatability study and issue decision 0.00 0.00 3.00 0.00 3.00 $117.04 1 3.00 $117.04Review requests for two-year extensionof treatability study and issue decision 0.00 0.00 3.00 0.00 3.00 $117.04 1 3.00 $117.04File notification of testing of treatability sample 0.00 0.00 1.00 1.00 2.00 $64.67 2 4.00 $129.35File annual report on treatability study testing 0.00 0.00 1.00 1.00 2.00 $64.67 2 4.00 $129.35File termination letter of treatability study testing 0.00 0.00 1.00 1.00 2.00 $64.67 2 4.00 $129.35Revisions to the Headworks Exclusion at 261.3(a)(2)(iv)(A), (B), (D), (F) and (G)Review site-specific sampling plans 0.00 0.10 0.50 0.00 0.60 $26.06 604 362.20 $15,729Review updated site-specific sampling plans0.00 0.00 0.15 0.00 0.15 $5.85 27 4.05 $15875EXHIBIT 7, continuedExport Notification for Used CRTs Destined for Recycling (261.39(a)(5))Review notification submitted by an exporter ofused CRTs to determine whether or not thenotification is complete 0.00 0.00 1.00 0.00 1.00 $39.01 256 256.00 $9,987.12Solicit form exporter, additional informationrequested by the receiving country 0.00 0.00 0.50 0.10 0.60 $22.07 26 15.60 $583.76Provide, in conjunction with the Department ofState, the complete notification to the receivingcountry 0.00 0.00 0.00 0.16 0.16 $4.11 256 40.96 $1,148.35Forward the receiving/transit country's writtenconsent to the receipt of used CRTs to theexporter 0.00 0.00 0.00 0.16 0.16 $4.11 0 0.00 $0.00Send written notification to the exporter if thereceiving/transit country objects to the receipt ofthe used CRTs or withdraws a prior consent 0.00 0.00 0.50 0.10 0.60 $22.07 0 0.00 $0.00File copies of notifications, consents, and otherrelated documents0.00 0.00 0.00 0.10 0.10 $2.57 538 53.80 $1,380.56Export Notification for Used CRTs Destined for Reuse (261.41)Review notification submitted by exporter of usedCRTs 0.00 0.00 0.50 0.00 0.50 $19.51 5 2.50 $97.53File copies of notification 0.00 0.00 0.00 0.10 0.10 $2.57 5 0.50 $12.83Subtotal 0.00 0.10 16.90 5.52 22.52 $807.50 varies 809.61 31799.50TOTAL: AGENCY ACTIVITIES varies varies varies varies varies varies varies 9,588 $406,183* Assumes that five submissions will be withdrawn at the draft determination stage76

6(e) BOTTOM LINE BURDEN HOURS AND COSTS

Respondent Tally

As shown in Exhibit 6, EPA estimates a total respondent burden of 68,923 hours per year at a cost of $12,504,987. The bottom line burden to respondents over three years is 206,769 hours, with a cost of approximately $37,514,961.

Agency Tally

As shown in Exhibit 7, EPA estimates an annual Agency burden of 9,588 hours at a cost of $406,183 per year. The bottom line burden to the Agency over three years is 28,764 hours, at a cost of $1,218,548.

6(f) REASONS FOR CHANGE IN BURDEN

This ICR (i.e., #1189.24) consolidates and repl aces two previously approved ICRs on the Part 260 and 261 paperwork requirements. Th e ICR entitled, “Identification, Listing, and Rulemaking Petitions (Renewal),” ICR #1189.20, wa s the previously approved “base” ICR for the Part 260 and 261 requirements. The ICR entitled, “F019 Listing Amendment (Final Rule),”
ICR #1189.21, was a new ICR. 14 This current ICR (#1189.24) replaces ICR #1189.20 and

#1189.21 and therefore becomes the new “base” ICR for the Parts 260 and 261 paperwork requirements. Collectively, these ICRs estimat ed an annual respondent burden of 73,787 hours as identified in the OMB Inventory of Approved ICR Burdens.

The annual respondent burden in this curre nt “base” ICR (#1189.24) is estimated to be 68,923 hours, which is a decrease of 4,864 hours from the previously approved ICRs. The burden decrease is an adjustment to the exis ting estimates based on data gathered through consultations with EPA Regional and State Offi ces and the regulated community, not due to program changes.

Based on consultations with EPA Regions, States, and the regulated community, EPA

believes that the annual estimate for the number of respondents that will prepare and submit new delisting petitions to th e Regions will remain at 20 as in the previous “base” ICR (#1189.20). However, based on consultations with the regu lated community, EPA has decreased its estimate of the amount of time respondents will spend on preparing the delisting petitions, from 700 hours to 455 hours (91 hours on the §260.20 administ rative requirements and 364 hours on the §260.22 information requirements). Furthermore, based on consultations with EPA Regions and States with delisting authorization, th e estimated Agency burden for re viewing the delisting petitions has been changed from 642 hours to 300 hour s. See the attached “Burden Estimate Methodology” for the rationales.

14 ICR #1189.21 addressed the recordkeeping requirements at 40 CFR 261.31(b)(4)(ii).77

6(g) BURDEN STATEMENT

The annual public reporting and recordkeepi ng burden for each type of petition or demonstration submitted under provisions covered in this collection of information is estimated as average hours per respondent (see Exhibit 8 below).

EXHIBIT 8

AVERAGE RESPONDENT BURDEN
Average AverageReporting RecordBurden per Keeping
Respondent Burden per Type of Petition or Demonstration Respondent (hours/respondent)

Equivalent Methods Petitions 288.00 1.75
Delisting Petition 700.00 1.75

Solid Waste Variance 121.00 1.75

Boiler Variance 116.00 1.75
Wastewater Exemption 28.00 1.75
Nonwastewater Exemption 3.50 2.25
Wood Preserving Processes Exclusion 18.50 1.75
Mineral Processing Exclusion 0.00 1.75

Zinc Fertilizer Exclusion 3.52 3.05
Chromium Exemption 28.00 1.75
Exemption for Samples 21.00 1.75
Exemption for Treatability Study Samples 16.00 5.75 Exemption for Treatability Study Samples Undergoing Testing 21.00 2.75
Exemption for Waste from Non-Specific Sources 0.00 53.75
Equipment Cleaning and Replacement 0.00 63.75 Listing Exemption for Organic Dyes and Pigments

Production Nonwastewaters 0.00 28.18

Exclusion for recycling of Used CRTs 4.90 1.95

Revisions to Headworks Exclusion 26.50 2.25
F019 Listing Exemption 0.00 1.89

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or di sclose or provide information to or for a Federal agency. This

includes the time needed to revi ew instructions; develop, acquire , install, and utilize technology and systems for the purposes of collecting, valid ating, and verifying information, processing and maintaining information, and disclosing and providi ng information; adjust the existing ways to comply with any previously applicable instructio ns and requirements; train personnel to be able to respond to a collection of info rmation; search data sources; co mplete and review the collection of information; and transmit or otherwise disc lose the information. An agency may not conduct or sponsor, and a person is not required to re spond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CF R part 9 and 48 CFR chapter 15.78

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID number EPA-HQ-RCRA-2011-0625, whic h is available for online viewing at http://www.regulations.gov , or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Cons titution Ave., NW, Washington, DC. The

EPA/DC Docket Center Public Reading Room is open from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number fo r the Reading Room is (202) 566-1744, and the telephone number for th e OSWER Docket is (202) 566-0270.

An electronic version of the public do cket is available at www.regulations.gov . This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in th e Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk

Officer for EPA. Please include the EPA Docket ID No. EPA-HQ-RCRA-2011-0625 and OMB control number (2050-0053) in any correspondence.79



### ATTACHMENT

INFORMATION COL LECTION REQUEST 1189.24

BURDEN ESTIMATE METHODOLOGY



### Introduction

40 CFR Parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemp tions from various RCRA requirements. This application process entails so me amount of burden that is shouldered by the regulated community and EPA staff. In accordance with the 1995 Paperwork Reduction Act (as amended), EPA must estimate respondent and Agency burden associated with all regulatory activities, including the petitions, variances, exclusions, and exemptions allowed for in 40 CFR Parts 260 and 261. Once burden estimates are developed, EPA submits an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for approval. This document describes the methodology for updating burden estimates for the renewal of the ICR covering the regulatory activities cited above.

The Regional, State, and industry officials were consulted in order to obtain data needed to update and/or verify responde nt and EPA burden estimates for these regulatory activities.

These consultations are described below. The consultations occurred during the months of September-December 2011.



### Summary of Consultations

Sharon Leitch, U.S. EPA Region 1 (617-918-1647), is the delisting coordinator in Region 1. In the past three years, one delisting petition wa s submitted, which is still being processed. In addition, one sampling and analysis plan was su bmitted and processed. It took approximately 45 hours to review the sampling and analysis plan. Sharon noted that none of the Region 1 states have delisting authorization.

David Friedman, U.S. EPA Re gion 3 (215-814-3395), is the delis ting coordinator in Region 3. No new delisting petitions were submitted to the Region in the past three years. However, according to David, one delisting petition, which had been under review by the Region for a long while (since 2003) due to a number of problems (including insufficient data to support the request), was processed and finali zed during the last three years. It took eight years for this petition to go through the revi ew and rulemaking process.

Todd Ramaly, U.S. EPA Region 5 (312-353-9317), is the delisting coordinator in Region 5. In the past three years, seven delisting petitions were submitted to the Region, and ten delisting petitions were processed by the Region. Betw een 240-400 hours were spent on processing each delisting petition. With regard to sampling and analysis plans, three plans were submitted, and five plans were processed. Between 32-160 hours were spent on processing each sampling and analysis plan. During the last th ree years, five delisting decisi ons were made. These petitions80

took from four months to nine ye ars and ten months to be proce ssed from start to finish, taking into account delays and problems encounter ed (e.g., incomplete da ta) in processing.

Michelle Peace, U.S. EPA Region 6 (214-665-7430), is the delisting coordinator in Region 6. She works in the Multimedia Planning and Perm itting Division, which handles delisting petitions and inquiries about hazardous waste exclusions and exemptions. She st ated that, in the past three years, Region 6 received and processed twelve delisting petitions and received and processed thirteen sampling and analysis plans. It took between 240-320 hours to pr ocess each petition and between 20-30 hours to process each sampling a nd analysis plan. Twelve delisting decisions were made over the last three years; eleven petitions were grante d, and one petition was withdrawn. The petitions took from one year and one month to four years and eight months to go through the review and rulemaking process.

Ken Herstowski, U.S. EPA Region 7 (913-551-7631) , is the delisting coor dinator in Region 7. He reported that no delisti ng petitions were submitted or proce ssed in the past three years. One sampling and analysis plan was submitted and pr ocessed, which took forty hours to process. No delisting decisions were issued in the last three years.

Dave Bartus, U.S. EPA Region 10 (206-553-2804), is the delisting coordinator in Region 10. In the past three years, Region 10 did not receive any delisting petitions a nd did not process any petitions. In the same timeframe, no sampling and anal ysis plans were submitted or processed.

Bill Gidley, Nebraska Department of Envir onmental Quality (402-471-4495), reported that no delisting petitions were submitted or processed during the past three years. One sampling and analysis plan was submitted; however, the busin ess that submitted the plan has since closed.

Dwayne Womer, Pennsylvania Department of En vironmental Protection (717-783-3390), stated that one revised delisting petition was submitted, pr ocessed, and finalized in the past three years. In addition, one sampling and analysis plan wa s submitted. It took two years and seven months for the petition to go through the re view and rulemaking process.

Mark Dennen (401-222-2797 ext. 7112) and Yan Li (401-222-2797 ext. 7529), Rhode Island Department of Environmental Ma nagement, stated that, in the last three years, Rhode Island

received one solid waste va riance request under 40 CFR 260.30, which currently is being processed. They anticipate that it will take fift y hours to complete the review over about a threemonth period.

John Brueck, Idaho Department of Environmen tal Quality (208-373-0458), reported that the State did not receive any requests for variances, excl usions, or exemptions in the past three years. Also, no delisting petitions have been submitted in Idaho during this same timeframe.

Ed Hammerberg, Maryland Department of th e Environment (410-537-3356), reported that Maryland has not received any requests for exclus ions, variances, or exemptions over the past three years. However, currently, Maryland is in discussions with one facility on procedures that must be followed for a particular waste to qualif y for the exclusion of the State's equivalent to 4081

CFR 261.4(b)(6), relating to trivalent chromi um wastes. Maryland does not have delisting

authorization.

Glenn Sabadosa, Bayer Material Science ( 281-383-6458), provided information about the company’s one delisting petition that was finalized by Region 6 in the past three years. The petition was submitted in 2004 and approved in 2009. He estimated the costs to be around $15,000 for sampling and analysis, $10,000-$12,000 for preparing the delisting petition, and about $5,000/year for post-delisting sampling a nd analysis. Roughly at least 160 hours were spent on the petition from start to finish.

Jerry Thurman, Eastman Chemical (903-237-6710) , reported that the company submitted one delisting petition within th e last three years. It originally was submitted in March 2007 but was

amended and resubmitted in March 2010. The am ended petition took about two years to go through the delisting review and ru lemaking process; it was fina lized in November 2011. About 750 hours were spent on the petition. With regard to total costs, about $100,000 was spent on sampling and analysis, $50,000-$70,000 was spent on preparing the delisting petition, and another $50,000 is estimated to be spent on veri fication sampling for one year (post-delisting sampling and analysis).

Candice Callahan (802-769-0579) and Eric Berl iner (802-769-4879), IBM, reported that the company submitted a delisting petition to Region 1 in July 2008. They expect the petition to be finalized at the end of 2012, ta king over four years to go th rough the delisting review and rulemaking process. They estimated that, to date , the total cost for sa mpling and analysis has been around $20,000-$30,000 and the total cost for preparing the petition has been another $20,000-$30,000 in labor.



### Estimates of Burden

The estimates of burden associated with all regulatory activities identified in the Identification, Listing and Rule making Petitions ICR are updated based on the information

obtained from the consultations described above. If no information was obtained or available on an activity, it was assumed that the burden inform ation contained in the pr evious pertinent ICRs (#1189.20 and #1189.21) did not change for that activity.

Delisting Petitions

As a result of the consultations with Regi on 1 (one petition submitted in the past three years), Region 3 (no petitions submitted, one petiti on finalized in the past three years), Region 5 (seven petitions submitted, ten petitions processed, five delisting decisions made in the past three years), Region 6 (twelve petitions submitted, twelve delisting decisions made in the past three years), Region 7 (no petitions submitted in th e past three years), Region 10 (no petitions submitted in the past three years), the State of Nebraska (no petitions submitted in the past three years), the Commonwealth of Pe nnsylvania (one revised petition submitted and finalized in the past three years), and the State of Idaho (no pe titions submitted in the past three years), the estimate for the total number of delisting petitions submitted and reviewed every year is approximately 20 per year as in the previous “base” ICR (#1189.20)). Based on the information82

above, it is estimated that the consulted Regions and States, together, review approximately 8 petitions each year. Regions 5 and 6 alone (Regi ons that normally have the highest numbers of petitions for review every year) approximately review a combined 7 petitions every year. It is estimated that another 10 petitions per year w ill be reviewed by the remaining EPA Regions and

States with delisti ng authorization.

The estimated respondent hourly burden is based on information co llected from Glenn Sabadosa (Bayer Material Science), Jerry Thur man (Eastman Chemical), and Candice Callahan and Eric Berliner (IBM). They estimated the following hours needed to prepare a delisting petition: 160 hours, 750 hours, and unknown (information not tracked), respectively. This results in an average of 455 hours per petition. They did not different iate such hours between the administrative requirements under section 260.2 0 and the information requirements under

section 260.22. Based on the estimates in the previous “base” ICR (#1189.20), the section 260.20 administrative requirements should not take more th an 20% of the total time, or 91 hours out of a total of 455 hours. The other 80% of the time (o r 364 hours) is used to meet the information requirements under section 260.22. Based on this in formation, the total hourly burden changed

from an estimated 700 hours to an estimated 455 hours.

The estimated Agency burden for reviewing a delisting petition is based on information collected from Todd Ramaly (Region 5) and Mich elle Peace (Region 6). They estimated that 240-400 hours (an estimated average of 320 hours) and 240-320 hours (an estimated average of 280 hours), respectively, were needed to review a nd process a delisting petition. This results in an average of 300 hours (compared to 642 hours es timated previously) pe r petition review.

Solid Waste and Boiler Variances

Based on consultations with State representa tives, there have not been many requests recently for variances from classification as a solid waste. Only one recent request for a variance

from classification as a solid waste was re ported during the consu ltations with State representatives and that request currently is be ing processed. There were no requests received for

variances for classification as a boiler. Ther efore, it seems reasonable not to change the respondent burden hour estimates fo r solid waste and boiler varian ces included in the previous ICR (#1189.20).

Hazardous Waste Exclusions/Exemptions

Based on consultations with State representati ves, there is not much information available on facilities requesting hazardous waste exclusio ns/exemptions. Therefore, it does not make sense to change the respondent burden hour estim ates for hazardous/solid waste exclusions and exemptions included in th e previous ICR (#1189.20).

Hazardous Waste Listing Exemptions

Based on consultations with State representati ves, there is no info rmation available on facilities claiming hazardous waste listing exemp tions. Therefore, it does not make sense to83

change the respondent burden hour estimates fo r hazardous waste listing exemptions included in the previous ICRs (#1189.20 and #1189.21).