DRAFT DOCUMENT 

SUPPORTING STATEMENT FOR 

INFORMATION COLLECTION REQUEST NUMBER 2421.01, 

“CONDITIONAL EXEMPTION FROM RCRA DEFINITION OF HAZARDOUS 

WASTE FOR CARBON DIOXIDE STREAMS INJECTED INTO 

CLASS VI UIC WELLS – PROPOSED RULE” 

October 28, 2010 

i 

TABLE OF CONTENTS 

1. IDENTIFICATION OF THE INFORMATION COLLECTION ............................................. 1

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

1(b) Short Characterization or Abstract ................................................................................. 1

2. NEED FOR AND USE OF THE COLLECTION .................................................................... 2

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

2(b) Practical Utility and Users of the Data ........................................................................... 3

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ...... 3

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

3(b) Public Notice .................................................................................................................. 3

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

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

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

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

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED ...................................... 4

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

4(b) Information Requested ................................................................................................... 5

5. THE INFORMATION COLLECTED, AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT .............................................. 6

5(a) Agency Activities ........................................................................................................... 6

5(b) Collection Methodology and Management .................................................................... 6

5(c) Small Entity Flexibility .................................................................................................. 7

5(d) Collection Schedule ....................................................................................................... 7

6. ESTIMATING THE ANNUAL HOUR AND COST OF THE COLLECTION ..................... 7

6(a) Estimating Respondent Hours ........................................................................................ 7

6(b) Estimating Respondent Costs ......................................................................................... 7

6(c) Estimating Agency Hours and Costs .............................................................................. 9

6(d) Estimating the Respondent Universe ............................................................................. 9

6(e) Bottom Line Burden Hours and Cost Tables ............................................................... 17

6(f)      Reasons for Change in Burden ..................................................................................... 17

6(g) Burden Statement ......................................................................................................... 17

1. IDENTIFICATION OF THE INFORMATION COLLECTION 

 1(a) Title and Number of the Information Collection 

This ICR is titled, “Conditional Exemption from RCRA Definition of Hazardous Waste 

for Carbon Dioxide Streams Injected into Class VI UIC Wells – Proposed Rule,” ICR Number 

2421.01. 

 1(b) Short Characterization or Abstract 

 

Under the authority of the Resource Conservation and Recovery Act (RCRA), the U.S. 

Environmental Protection Agency (EPA) is proposing a conditional exemption from the 

definition of hazardous waste for carbon dioxide (CO2) streams that are captured, stored, 

transported, and injected into a well subject to the requirements for Class VI Underground 

Injection Control (UIC) wells, including the requirements in 40 CFR Parts 144 and 146 of the 

Underground Injection Control Program of the Safe Drinking Water Act.1

 The exemption would 

only apply to the CO2 stream itself (as defined in 40 CFR 146.81(d)), and would not apply to 

hazardous wastes that are mixed with, or are otherwise co-injected with, CO2 streams. The 

exemption would be codified at 40 CFR 261.4(h). 

 The conditional exemption would require generators and owner/operators of a Class VI 

UIC well who claim that a CO2 stream is exempt under section 261.4(h), to have an authorized 

representative sign a certification statement worded as specified. The signed certification 

statement must be kept on site for no less than three years. The signed certification, which must 

be made available within 72 hours of a written request from EPA, must be renewed every year 

that the generator and Class VI UIC well owner/operator claim the exemption in section 

261.4(h). 

 EPA is taking this action to support its efforts to encourage the use of carbon capture and 

sequestration (CCS) technologies to reduce the levels of greenhouse gases emitted to the 

atmosphere.2

 In 2008, EPA proposed amendments to the UIC program to establish a new type of 

well (Class VI) to cover the underground injection of CO2 for the purposes of geological 

sequestration (July 25, 2008; 73 FR 43492).3 These UIC amendments would address the unique 

nature of geological sequestration projects to ensure that the injection of large volumes of CO2 in 

geological formations for the purposes of long term storage would not endanger underground 

sources of drinking water. The UIC amendments would prohibit the injection of RCRA 

hazardous waste into Class VI wells.  

Public comments on the proposed UIC amendments raised questions and concerns about 

the status of CO2 as a RCRA hazardous waste. The proposed RCRA conditional exemption 

 

1 As discussed below, EPA proposed to establish Class VI wells in 2008 as a new type of well for the underground 

injection of CO2. EPA is now considering public comments and options for addressing them. 2 CO2 is captured by fossil fuel power plants and other industrial processes. 3

 Geological sequestration means the long-term containment of a gaseous, liquid or supercritical carbon dioxide 

stream in subsurface geologic formations. This term does not apply to its capture or transport. 
2 

would clarify that captured CO2 would not be RCRA hazardous provided that the generator and 

Class VI UIC well owner/operator claim the exemption and comply with its conditions. In this 

respect, the proposed RCRA conditional exemption is necessary for clarifying the status of the 

captured CO2 stream under RCRA and encouraging the capture and sequestration of CO2 in 

Class VI wells in accordance with the proposed UIC amendments. 

 EPA believes that the risk posed to human health and the environment from the 

management of CO2 streams is not substantial when these streams are managed for purposes of 

geological sequestration under the proposed RCRA conditional exemption, including compliance 

with regulations governing the storage, transport and injection into UIC Class VI permitted 

wells. EPA believes that the full set of hazardous waste regulations is in many ways 

inappropriate for these CO2 streams and the proposed conditional exemption would substantially 

reduce the uncertainty associated with managing the streams under the hazardous waste 

regulations. 

This ICR examines the information collections under the proposed RCRA conditional 

exemption at 40 CFR 261.4(h). Sections 1 through 5 of this document describe the collections 

(e.g., from the standpoint of need and use/utility of the information collected). The sections also 

describe respondent and Agency activities. In Section 6, EPA estimates the total annual hour 

and cost burden to respondents and the Agency under the information collections. 

2. NEED FOR AND USE OF THE COLLECTION 

2(a) Need and Authority for the Collection 

 The conditional exemption is being proposed under the authority of sections 2002, 3001, 

3002, 3003, 3004, and 3007 of RCRA, as amended. EPA believes that the proposal is an 

important part of its efforts to establish a regulatory framework that supports the future 

development and deployment of carbon capture and sequestration (CCS) technology, to control 

the levels of greenhouse gases (GHGs) in the atmosphere.4 

 The certification statements required by the conditional exemption are necessary to hold 

claimants accountable for knowing and following the conditions of the exemption. They also are 

necessary to demonstrate to regulators that claimants are aware of the conditions applicable to 

them (e.g., during an onsite inspection). In addition, the certification statements help to convey 

the seriousness of the conditions to claimants and likely would encourage employees to make 

their upper management aware of the conditions and involve them in ensuring that their 

company remains in compliance. 

 

4

 Other recent EPA rules related to this strategy include EPA’s proposed Federal Requirements under the 

Underground Injection Control (UIC) Program for Carbon Dioxide Geological Sequestration Wells 

(July 25, 2008; 73 FR 43492) and Mandatory Reporting of Greenhouse Gases: Injection and Geological 

Sequestration of Carbon Dioxide (October 30, 2009; 74 FR 56260). 
3 

 2(b) Practical Utility and Users of the Data 

 The certification statements required by the conditional exemption would be used by 

regulators to hold generators and Class VI well owner/operators accountable for knowing the 

conditions applicable to them (e.g., during an onsite inspection). The certification statements 

also would be used by generators and owner/operators to demonstrate that they are aware of, and 

complying with, the conditions. 

 EPA believes the certifications are a practical way to assure compliance because they 

hold a single person at each facility accountable for compliance (i.e., the authorized 

representative). Because of this, the representative has a personal incentive to make sure that the 

facility complies with the conditions. The rule requires that the certification be updated annually 

to ensure that the facilities are reminded regularly of the applicable conditions and that the 

person chosen to be the authorized representative is a current employee. 

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA 

3(a) Nonduplication 

The information collected under this ICR is not available from any source other than 

respondents. No other Federal agency or department collects this information. 

3(b) Public Notice 

 As part of the Federal Register notice on the proposed regulation, EPA is soliciting 

comments on this information collection and the estimates in this ICR. EPA will solicit 

comments on specific aspects of the proposed information collection, as described below: 

1) Whether the proposed collection of information is necessary for the proper 

performance of the functions of the Agency, including whether the information will have 

practical utility; 

2) Whether the Agency’s burden estimate is accurate including the validity of the 

methodology and assumptions used; 

3) How to enhance the quality, utility, and clarity of the information to be collected; and 

4) How to minimize the burden on respondents, including use of appropriate automated 

electronic, mechanical, or other technological collection techniques or other forms of 

information technology. 
4 

3(c) Consultations 

 

 In its efforts to develop its UIC regulatory amendments, RCRA proposed rule, and other 

rules applicable to UIC wells, EPA has performed a significant amount of research, analysis, and 

outreach to the regulated industry. The estimates in the ICR reflect the data and assumptions 

that EPA has developed based on this outreach and analysis. 

 3(d) Effects of Less Frequent Collection 

 The certification statements must be prepared when the generator and Class VI well 

owner/operator claim the exemption and renewed every year that the exemption is claimed. EPA 

believes this frequency is essential to ensure that the facilities are reminded regularly of the 

conditions applicable to them. If EPA does not require an annual renewal, it is possible that the 

facility could forget about the conditions, particularly as a result of employee turnover. In 

addition, the requirement for an annual renewal helps to ensure that the person chosen to be the 

authorized representative is currently employed by that organization. 

 In addition, the signed certification must be made available within 72 hours of a written 

request from EPA. The certification is submitted only when requested (e.g., one-time basis) and 

therefore is not submitted according to a specified frequency. 

 3(e) General Guidelines 

Information collections performed under this clearance will follow all of OMB’s General 

Guidelines regarding data collection. 

 3(f) Confidentiality 

 EPA does not expect to receive any claim of confidential business information. The 

certification statements include only boilerplate language that does not involve any confidential 

information. 

 3(g) Sensitive Questions 

No questions of a sensitive nature would be asked of participants.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

 4(a) Respondents and NAICS Codes 

Table 1 presents the North American Industrial Classification System (NAICS) codes 

that may be affected by information collections in this ICR. 
5 

Table 1. North American Industrial Classification System (NAICS) Codes 

NAICS Codes Description 

21 Mining 

22 Utilities 

31-33 Manufacturing 

48-49 Transportation 

56 Administrative and Support and Waste Management and Remediation 

Services 

92 Public Administration 

4(b) Information Requested 

 (1) Private Sector Organizations 

EPA is proposing a conditional exemption from the definition of hazardous waste for 

carbon dioxide (CO2) streams that are captured, stored, transported, and injected into a well 

subject to the requirements for Class VI Underground Injection Control (UIC) wells, including 

the requirements in 40 CFR Parts 144 and 146 of the Underground Injection Control Program of 

the Safe Drinking Water Act. The exemption would only apply to the CO2 stream itself (as 

defined in 40 CFR 146.81(d)), and would not apply to hazardous wastes that are mixed with, or 

are otherwise co-injected with, CO2 streams. The exemption would be codified at 40 CFR 

261.4(h). 

 The conditional exemption would require any generator (person or persons, by site, who 

capture the carbon dioxide for eventual injection into a Class VI Underground Injection Control 

well) and any owner/operator of a Class VI UIC well who claim that a CO2 stream is exempt 

under section 261.4(h) to have an authorized representative sign a certification statement worded 

as specified. The signed certification statement must be kept on site for no less than three years. 

The signed certification, which must be made available within 72 hours of a written request from 

EPA, should be renewed every year by anyone claiming the exemption in section 261.4(h). 

 (i) Data Item 

• A signed certification statement from the generator and Class VI UIC well 

owner/operator that is worded as follows: “I certify under penalty of law 

that the carbon dioxide stream that I am claiming to be exempt under 40 

CFR 261.4(h) meets all of the conditions set forth in that paragraph, 

including the condition that no hazardous wastes are mixed with, or are 

otherwise co-injected with, the carbon dioxide stream, and that the carbon 

dioxide stream is injected into a well subject to the requirements for the 

Class VI Underground Injection Control Program of the Safe Drinking 

Water Act.” 
6 

(ii) Respondent Activities 

• Generators and Class VI UIC well owner/operators claiming the exemption must 

perform the following: 

- Prepare the certification that is signed by the authorized representative and 

keep it onsite for no less than three years; 

- Renew the certification every year the exemption is claimed; and 

- Make the certification available to EPA or state if requested. 

 

(2) State Governments 

 Authorized states may provide a written request to generators or Class VI UIC well 

owner/operators asking for a copy of the signed certification. 

(i) Data Item 

• Written request for a signed certification. 

 (ii) Respondent Activities 

• Authorized states may perform the following: 

- Prepare and transmit a written request to generators or Class VI UIC well 

owner/operators requesting a copy of their signed certification; and 

- Receive, review and file the signed certifications. 

5. THE INFORMATION COLLECTED, AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT 

 5(a) Agency Activities 

 EPA may perform the following: 

• Prepare and transmit a written request to generators or Class VI UIC well 

owner/operators requesting a copy of their signed certification; and 

• Receive, review and file the signed certifications. 

 5(b) Collection Methodology and Management 

EPA will review and file the certification statements received from generators and Class 

VI UIC well owner/operators. 
7 

5(c) Small Entity Flexibility 

 The conditional exemption is optional and will only be claimed if generators and Class 

VI UIC well owner/operators find that the exemption is in their best interest. EPA believes that 

the conditional exemption would reduce the burden for generators and owner/operators, 

regardless of size, because they would no longer be required to comply with the existing RCRA 

hazardous waste regulations for the exempted CO2 stream. 

 5(d) Collection Schedule 

 Following is the rule’s collection schedule: 

• Generators and Class VI UIC well owner/operators that claim the exemption must 

sign a certification statement attesting to their compliance with the conditions and 

keep it onsite for three years. 

• The signed certification must be renewed each year that the exemption is claimed. 

• The signed certification must be made available within 72 hours of a written 

request from EPA. 

6. ESTIMATING THE ANNUAL HOUR AND COST OF THE COLLECTION 

 6(a) Estimating Respondent Hours 

Exhibit 1 estimates annual burden hours for private sector organizations under the 

proposed rule. Exhibit 2 estimates annual burden hours for state governments under the 

proposed rule. Exhibit 3 presents the total annual burden to the private sector and state 

governments under the proposed rule. Exhibit 4 estimates the annual burden hour impacts (i.e., 

savings) to these respondents under the existing RCRA requirements. 

 6(b) Estimating Respondent Costs 

Exhibit 1 estimates annual costs to private sector organizations under the proposed rule. 

Exhibit 2 estimates annual costs to state governments under the proposed rule. Exhibit 3 

presents the total annual cost to the private sector and state governments under the proposed rule. 

Exhibit 4 estimates the annual cost impacts (i.e., savings) to these respondents under the existing 

RCRA requirements. Specific cost assumptions are discussed below. 
8 

(i) Estimating Labor Costs

 

 Private Sector Organizations 

EPA estimates an average loaded hourly labor rate for private sector organizations of 

$101.13 for legal staff, $77.67 for managerial staff, $110.99 for technical staff, and $25.06 for 

clerical staff. To derive these rates, EPA obtained mean (unloaded) average hourly labor rates 

from the “Occupational Employment Statistics, May 2009 National Occupational Employment 

and Wage Estimates, United States” of the U.S. Bureau of Labor Statistics (BLS) and from 

surveys of oil and gas professionals performed by the American Association of Petroleum 

Geologists (AAPG) and the Society of Petroleum Engineers (SPE). Table 2 identifies the 

occupations whose labor rates were used in this ICR for each labor category as well as the source 

of the rates. Note that the technical labor rate is an average of petroleum geologists and 

petroleum engineers. 

EPA then updated the rates to 2010 levels using the BLS Employment Cost Index. 

Finally, EPA applied a 1.6 loading factor to reflect overhead (loading factor recommended in 

EPA’s ICR Handbook). 

Table 2. Occupation Title and Codes by Labor Category -- 

Private Sector Organizations 

Labor Category Occupation Source 

Legal Lawyers Bureau of Labor Statistics 

Managerial Managers, All Others Bureau of Labor Statistics 

Technical 

Petroleum Geologists AAPG Salary Survey 

Petroleum Engineers, 

Reservoirs SPE Salary Survey 

Clerical Office and Administrative 

Support, All Others Bureau of Labor Statistics 

State Governments 

EPA estimates an average loaded respondent hourly labor rate for state governments of 

$64.86 for legal staff, $61.50 for managerial staff, $38.53 for technical staff, and $26.74 for 

clerical staff. To derive these rates, EPA obtained mean (unloaded) average hourly labor rates 

from the “May 2009 National Industry-Specific Occupational Employment and Wage Estimates, 

NAICS 999200 – State Government” of the Bureau of Labor Statistics (BLS). Table 3 identifies 

the occupations whose labor rates were used in this ICR for each labor category as well as the 

source of the rates. 

EPA then updated these rates to June 2010 levels using the BLS Employment Cost Index. 

Finally, EPA applied a 1.6 loading factor to reflect overhead (loading factor recommended in 

EPA’s ICR Handbook). 
9 

Table 3. Occupation Title and Codes by Labor Category – 

State Governments 

Labor Category Occupation Source 

Legal Lawyers Bureau of Labor Statistics 

Managerial Managers, All Others Bureau of Labor Statistics 

Technical Compliance Officers Bureau of Labor Statistics 

Clerical Office and Administrative 

Support, All Others Bureau of Labor Statistics 

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs

Operation and maintenance (O&M) costs are those costs associated with a paperwork 

requirement incurred continually over the life of the ICR. They are defined by the Paperwork 

Reduction Act of 1995 as the recurring dollar amount of costs associated with O&M or 

purchasing services. This ICR includes postage costs for generators and Class VI UIC well 

owner/operators to mail the certification to EPA or the state (i.e., $0.44/letter). There is no 

capital costs associated with the information collections. 

6(c) Estimating Agency Hours and Costs 

EPA estimates an average loaded hourly labor rate of $76.38 for legal staff, $71.42 for 

managerial staff, $52.37 for technical staff, and $21.02 for clerical staff. To derive these rates, 

EPA obtained unloaded federal government hourly rates from the 2010 GS pay schedule 

available from the Office of Personnel Management.5 The labor rates are based on the following 

GS levels and steps: legal labor rates were based on GS Level 15, Step 1, managerial labor rates 

were based on GS Level 14, Step 4, technical labor rates were based on GS Level 12, Step 5, and 

clerical labor rates were based on GS Level 5, Step 1. EPA then multiplied the unloaded rates by 

the standard government loading factor of 1.6 to reflect overhead (loading factor recommended 

in EPA’s ICR Handbook). 

6(d) Estimating the Respondent Universe 

In this section, EPA estimates the impacted universe and the annual burden to 

respondents under the rule’s paperwork requirements. EPA then estimates the burden impacts 

(i.e., savings) to respondents for no longer complying with the existing RCRA paperwork 

standards for exempted CO2 streams. Exhibits 1 through 4 calculate respondent burden. 

PROPOSED PAPERWORK REQUIREMENTS 

(1) Private Sector Organizations 

Table 4 presents that annual number of generators and Class VI UIC well 

owner/operators that are estimated to claim the exemption and prepare the certification statement 

during the three-year period of this ICR. These estimates reflect the number of generators and 

 

5 See the web site: http://www.opm.gov/oca/10tables/pdf/gs_h.pdf. 
10 

Class VI UIC well owner/operators that are expected to begin capture and sequestration 

activities from 2012 through 2014 as presented in the economic assessment for this rulemaking.6 

 

As shown in the table, EPA estimates that 2 generators and 1 Class VI UIC well 

owner/operator would prepare the certification statement at 40 CFR 261.4(h) on average 

annually during the three-year period of this ICR. In total, this equates to 3 respondents on 

average annually. 

 

For purposes of this ICR, EPA expects that legal, managerial, and technical personnel at 

each generator site and UIC well facility would read the regulations before claiming the 

exemption. EPA has used its best professional judgment to estimate that it would take 45 

minutes per respondent to read the regulations at section 261.4(h) for purposes of discussing the 

requirement to prepare the certification statement. 

In addition, EPA believes these personnel would review relevant documentation and 

discuss the exemption’s paperwork requirements. A clerical person would type up the 

certification statement and a manager would sign and keep it onsite. EPA has used its best 

professional judgment to estimate that these activities would take 4 hours per respondent. 

Table 4. Annual Number of Generators and Class VI UIC Well Owner/Operators 

Claiming the Exemption During Three-Year Period of ICRa 

Facility Type 

Years 

Total 

ThreeYear 

Average 1 2 3 b

Claiming Exemption/Preparing Certification 

Generators 4 1 0 5 2 

Class VI UIC Well 

Owner/Operators 2 1 1 4 1 

Sub-Total 6 2 1 9 3 

Renewing Certification Annually 

Generators 0 4 5 9 3 

Class VI UIC Well 

Owner/Operators 0 2 3 5 2 

Sub-Total 0 6 8 14 5 

Grand Total 6 8 9 23 8 a

 Estimates are taken from the economic assessment titled, “Assessment of the Potential Costs, Benefits, and Other Impacts of the 

Conditional Exemption from the RCRA Definition of Hazardous Waste for CO2 Streams Managed in UIC Class VI Wells for the Purposes 

of Geologic Sequestration, as Proposed.” See Exhibits 5 and 9. 

b Three-year averages may include rounding. 

Table 4 also presents that annual number of generators and Class VI UIC well 

 

6 The economic assessment is titled, “Assessment of the Potential Costs, Benefits, and Other Impacts of the 

Conditional Exemption from the RCRA Definition of Hazardous Waste for CO2 Streams Managed in UIC Class VI 

Wells for the Purposes of Geologic Sequestration, as Proposed.” See Exhibits 5 and 9 for the number of generators 

and Class VI UIC wells estimated to begin and practice sequestration by year. 
11 

owner/operators that are estimated to renew their certification statement during the three-year 

period of this ICR. The number of respondents expected to renew their certification statement 

each year is equal to the cumulative number of respondents that have claimed the exemption in 

all prior years. 

As shown in the table, EPA estimates that 3 generators and 2 Class VI UIC well 

owner/operators would renew the certification on average annually during the three-year period 

of this ICR. In total, this equates to 5 respondents on average annually. EPA used its best 

professional judgment to estimate that it would take 2 hours for each respondent to renew its 

certification statement annually. 

 Finally, EPA estimates that there would be 6 generators and Class VI UIC 

owner/operators under the exemption by the end of the first year, 8 by the end of the second, and 

9 by the end of the third. Hence, EPA estimates that, on average, there would be 8 respondents 

on average during the ICR’s three-year period (i.e., ((6+8+9)/3 ≈ 8)). Based on its best 

professional judgment, EPA expects that, each year, 30 percent of them would be asked to 

submit their certifications to EPA or state (2 submittals/yr). EPA used its best professional 

judgment to estimate that 90% would be sent to authorized states (i.e., 2/yr) and 10% to EPA. 

 These estimates are reflected in Exhibit 1. 

 (2) State Governments 

 EPA has used its best professional judgment to estimate that state governments would 

prepare and transmit 2 requests to generators and Class VI well owner/operators for their signed 

certifications annually. The state governments then would receive, review and file them. In 

addition, EPA has used its best professional judgment to estimate that state governments would 

take 1 hour to prepare a letter requesting a certification statement and 30 minutes to receive, 

review and file the certification after receipt. These estimates are reflected in Exhibit 2. 

 (3) Total Respondent Burden under Proposed Paperwork Requirements 

 

 Exhibit 3 presents the total annual burden to private sector and state government 

respondents under the new paperwork requirements. It shows that these respondents are 

estimated to incur approximately 27 hours and $2,287 annually. 

EXISTING PAPERWORK REQUIREMENTS 

Generators and Class VI UIC well owner/operators claiming the exemption would not be 

subject to existing RCRA information collection requirements in handling the exempted CO2

streams. As a result, these entities would see some burden savings under the existing RCRA 

paperwork requirements. 

 

Exhibit 4 presents the total annual burden under the proposed rule’s paperwork 

requirements, the annual burden savings under the existing paperwork requirements, and the net 
12 

savings. Exhibit 4 presents the savings under the existing requirements according to the 

approved ICR in which the requirements are addressed. Below is a brief discussion of these 

ICRs, along with a description of relevant capital and O&M costs affected: 

• Hazardous Waste Generator Standards (EPA ICR Number 820). EPA estimates that 

utilities and other plants that begin capturing hazardous waste CO2 would change in 

generator status from conditionally exempt small quantity generators (CESQGs) to large 

quantity generators (LQGs) under the existing hazardous waste regulations. As LQGs, 

they would be subject to RCRA paperwork requirements related to hazardous waste 

determinations, contingency planning, and personnel training. 7 

Under the conditional exemption, EPA estimates that they would remain CESQGs, be 

exempt from these paperwork requirements, and therefore see a burden savings. There 

would not be capital cost savings. There would be annual savings in O&M costs of $9. 

These savings are associated with the photocopying and transmittal of fewer records. 

• Notification of Regulated Waste Activity and 2009 Hazardous Waste Report (EPA ICR 

Number 976). EPA estimates that, under the existing hazardous waste regulations, 

utilities and other plants that capture hazardous waste CO2 would change in generator 

status from CESQGs to LQGs and be required to submit a new or revised Site 

Identification (ID) Form to EPA indicating this change. As LQGs they also must prepare 

and submit a Hazardous Waste Report biennially, including a Site ID Form and Form 

GM. Under the conditional exemption, they would be relieved of these requirements and 

therefore see a burden savings. 

It is also assumed that, under the existing hazardous waste regulations, UIC wells that 

receive the CO2 for injection (e.g., a Class I UIC well that also meets Class VI 

requirements) would need to submit a Site ID Form to notify EPA that they are subject to 

RCRA. They also would need to prepare and submit a Hazardous Waste Report 

biennially, including a Site ID Form and Form WRs. Under the conditional exemption, 

they would be relieved of these requirements and therefore see a burden savings. 

There would not be capital cost savings. There would be annual savings in O&M costs 

of about $28. These savings are associated with the transmittal and recordkeeping of 

fewer forms. 

• Land Disposal Restrictions ICR (EPA ICR Number 1442). EPA estimates that, under the 

existing hazardous waste regulations, utilities and other plants that capture CO2 would be 

required to determine if it is RCRA hazardous and keep records of this determination. 

Under the conditional exemption, they would be relieved of these requirements and 

therefore see a burden savings. There would not be capital cost savings. There would be 

annual savings in O&M costs of $4,608.8

 These savings are associated with no longer 

 

7

 Note that the Generator Standards ICR does not estimate the burden associated with generator hazardous waste 

determinations. Such burden is estimated in the Land Disposal Restrictions ICR, 1442. 8

 ICR 1442 estimates approximately $2,000 in laboratory fees per generator waste determination. The ICR estimates 
13 

paying laboratory costs for hazardous waste determinations.

 

that 50% of generators pay this fee and the other 50% use generator knowledge. This differs from the Economic 

Assessment prepared for the proposed RCRA CO2 rule. The EA’s estimates are based on a more detailed analysis of 

inputs specific to the proposed rulemaking. 
14 

EXHIBIT 1

Hours and Costs per Respondent Activity

Legal Manager Technical Clerical

INFORMATION COLLECTION ACTIVITY $101.13/Hr $77.67/Hr $110.99/Hr $25.06/HrRead the regulations 0.25 0.25 0.25 0.00 0.75 $72.45 $0.00 $0.00 Subtotal 0.25 0.25 0.25 0.00 0.75 $72.45 $0.00 $0.00 Prepare the certification that is signed by the authorized representative and keep it onsite for no less than three years 1.00 1.50 1.25 0.25 4.00 $362.64 $0.00 $0.00 Renew the certification every year the exemption is claimed 0.50 0.75 0.50 0.25 2.00 $170.58 $0.00 $0.00 Make the certification statement available to EPA or state if requested 0.00 0.00 0.00 0.10 0.10 $2.51 $0.00 $0.44 Subtotal varies varies varies varies varies varies $0.00 varies TOTAL varies varies varies varies varies varies $0.00 varies 

* Exhibit contains rounding error.

SIGNED CERTIFICATION STATEMENT

Capital/Startup

Cost

O&M

Cost/ Activity

READING THE REGULATIONSGenerators and Class VI UIC Well Owner/Operators

Respon.

Hours/ 

Activity

CONDITIONAL EXEMPTION FOR CARBON DIOXIDE STREAMS IN GEOLOGIC SEQUESTRATION - PROPOSED RULEESTIMATED ANNUAL PRIVATE SECTOR HOUR AND COST BURDEN*

Labor

Cost/

Activity
15 

EXHIBIT 2

Hours and Costs per Respondent Activity

Legal Manager Technical Clerical

INFORMATION COLLECTION ACTIVITY $64.86/Hr $61.50/Hr $38.53/Hr $26.74/HrPrepare and transmit a w ritten request for a copy of the signed certification 0.00 0.25 0.50 0.25 1.00 $41.33 $0.00 $0.44 2 Receive, review and file the signed certifications 0.00 0.10 0.25 0.15 0.50 $19.79 $0.00 $0.00 2 

TOTAL 0.00 0.35 0.75 0.40 1.50 $61.12 $0.00 $0.44 2 

* Exhibit contains rounding error.

ESTIMATED ANNUAL STATE GOVERNMENT HOUR AND COST BURDEN*

T

Respon.

Hours/ 

Activity

Labor

Cost/

Activity

Capital/Startup

Cost

O&M

Cost/ Activity

Number o

Responde

/ Activitie

CONDITIONAL EXEMPTION FOR CARBON DIOXIDE STREAMS IN GEOLOGIC SEQUESTRATION - PROPOSED RULE

EXHIBIT 3

Type of Entity Total Hours/Year

Total 

Labor 

Costs/ 

Year

Total Capital 

and Startup Costs/ Year

Total O&M 

Costs/ 

Year

Total 

Costs/ 

Year

Private Sector 24.45 $2,163.19 $0.00 $0.88 $2,164.07State Government 3.00 $122.24 $0.00 $0.88 $123.12Total 27.45 $2,285.43 $0.00 $1.76 $2,287.19

* Exhibit contains rounding error.

ESTIMATED ANNUAL PRIVATE SECTOR AND STATE GOVERNMENT HOUR AND COST BURDEN*CONDITIONAL EXEMPTION FOR CARBON DIOXIDE STREAMS IN GEOLOGIC SEQUESTRATION - PROPOSED RULE
16 

EXHIBIT 4ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN - PROPOSED AND EXISTING PAPERWORK REQUIREMENTS*

ICR Number Hours/Year Labor Cost/Year Capital Cost/Year O&M Cost/Year Total Cos

Conditional Exemption for Carbon Dioxide Streams in Geologic Sequestration - Proposed Rule

2421.01 27.45 $2,285.43 $0.00 $1.76 $2,287

Hazardous Waste Generator Standards 820 (24.00) ($815.40) $0.00 ($9.00) ($824.Notification of Regulated Waste Activity and 2009 Hazardous Waste Report 976 (25.00) ($998.52) $0.00 ($27.93) ($1,026Land Disposal Restrictions ICR 1442 (54.00) ($2,038.50) $0.00 ($4,608.00) ($6,646

(103.00) ($3,852.42) $0.00 ($4,644.93) ($8,497

(75.55) ($1,566.99) $0.00 ($4,643.17) ($6,210

* Exhibit contains rounding error. 

CONDITIONAL EXEMPTION FOR CARBON DIOXIDE STREAMS IN GEOLOGIC SEQUESTRATION - PROPOSED RULEExisting Paperwork RequirementsSubtotal: Existing Paperw ork RequirementsTotal under the Proposed Rule: New and Existing Paperw orkPaperwork RequirementsProposed Paperwork Requirements

EXHIBIT 5

Hours and Costs per Agency Activity

Legal Manager Technical Clerical

INFORMATION COLLECTION ACTIVITY $76.38/Hr $71.42/Hr $52.37/Hr $21.02/HrPrepare and transmit a w ritten request for a copy of the signed certification 0.00 0.25 0.50 0.25 1.00 $49.30 $0.00 $0.44 0 Receive, review and file the signed certifications 0.00 0.10 0.25 0.15 0.50 $23.39 $0.00 $0.00 0 TOTAL 0.00 0.35 0.75 0.40 1.50 $72.69 $0.00 $0.44 0 

* Exhibit contains rounding error.

Labor

Cost/

Activity

Capital/Startup

Cost

O&M

Cost/ 

Activity

Number of

Respondents

Activities

CONDITIONAL EXEMPTION FOR CARBON DIOXIDE STREAMS IN GEOLOGIC SEQUESTRATION - PROPOSED RULEESTIMATED ANNUAL FEDERAL AGENCY HOUR AND COST BURDEN*

To

Respon.

Hours/ 

Activity
17 

6(e) Bottom Line Burden Hours and Cost Tables 

(1) Respondent Tally

As shown in Exhibit 4, EPA estimates the total annual burden to respondents (i.e., the 

private sector and state governments) under the new paperwork requirements to be 27 hours and 

$2,287. In addition, EPA estimates an annual burden savings under the existing paperwork 

requirements of 103 hours and $8,497. This results in a net annual savings of 76 hours and 

$6,210. The bottom-line burden savings over three years is estimated to be 228 hours and 

$18,630. 

(2) Agency Tally

 As shown in Exhibit 5, EPA estimates the total annual burden to the Federal government 

under the new paperwork requirements to be 0 hours and $0. The bottom-line burden over three 

years is estimated to be 0 hours and $0. 

6(f) Reasons for Change in Burden 

 EPA is taking this action to support its efforts to encourage the use of carbon capture and 

sequestration technologies to reduce the levels of greenhouse gases emitted to the atmosphere. 

EPA estimates that the minor incremental burden imposed by the new paperwork requirements 

would be more than offset by savings that respondents would experience under the existing 

paperwork requirements. At the same time, the paperwork requirements are necessary to hold 

generators and Class VI UIC well owner/operators accountable for their actions under the 

exemption and increase compliance rates. 

6(g) Burden Statement 

 The annual public reporting and recordkeeping burden for this collection of information is 

estimated to average 3 hours per private-sector respondent. This includes time for reading the 

regulations, preparing the certification statement, renewing it annually, and submitting it to EPA 

or authorized state if requested. The annual public reporting and recordkeeping burden for this 

collection of information is estimated to average 1.5 hours per state government respondent. This 

includes time for preparing and mailing a letter asking for a generator or UIC well owner/operator 

to submit a signed certification statement, and then receiving, reviewing, and filing it after 

receipt. 

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

generate, maintain, retain, or disclose or provide information to or for a Federal agency. This 

includes the time needed to review instructions; develop, acquire, install, and utilize technology 

and systems for the purposes of collecting, validating, and verifying information, processing and 

maintaining information, and disclosing and providing information; adjust the existing ways to 

comply with any previously applicable instructions and requirements; train personnel to be able to 
18 

respond to a collection of information; search data sources; complete and review the collection of 

information; and transmit or otherwise disclose the information. An agency may not conduct or 

sponsor, and a person is not required to respond to, a collection of information unless it displays a 

currently valid OMB control number. The OMB control numbers for EPA's regulations are listed 

in 40 CFR part 9 and 48 CFR chapter 15. 

 To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-RCRA-2010-0695, which is available for online viewing at 

www.regulations.gov, or in person viewing at the RCRA Docket, EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave., NW, Washington, DC. The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number 

for the Public Reading Room is (202) 566-1744, and the telephone number for the RCRA Docket 

is (202) 566-0270. An electronic version of the public docket is available at 

www.regulations.gov. This site can be used to submit or view public comments, access the index 

listing of the contents of the public docket, and to access those documents in the public docket 

that are available electronically. When in the system, select “search,” then key in the Docket ID 

Number identified above. Also, you can send comments to the Office of Information and 

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 Number EPA-HQRCRA-2010-0695 and OMB Control Number 2050-0053 in any correspondence.