SUPPORTING STATEMENT FOR

INFORMATION COLLECTION REQUEST NUMBER 2421.04

“HAZARDOUS WASTE MANAGEMENT SYSTEM: CONDITIONAL EXCLUSION 

FOR CARBON DIOXIDE (CO2) STREAMS IN GEOLOGICAL SEQUESTRATION 

ACTIVITIES – FINAL RULE”

August 27, 2013

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........................................................................... 2

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

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

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

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

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

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.............................................. 7

5(a) Agency Activities........................................................................................................... 7

5(b) Collection Methodology and Management.................................................................... 7

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

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

6. ESTIMATING THE ANNUAL HOUR AND COST OF THE COLLECTION ..................... 8

6(a) Estimating Respondent Hours........................................................................................ 8

6(b) Estimating Respondent Costs......................................................................................... 8

6(c) Estimating Agency Hours and Costs............................................................................ 10

6(d) Estimating the Respondent Universe ........................................................................... 10

6(e) Bottom Line Burden Hours and Cost Tables............................................................... 18

6(f) Reasons for Change in Burden..................................................................................... 18

6(g) Burden Statement ......................................................................................................... 18

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

This ICR is titled, “Hazardous Waste Management System: Conditional Exclusion for 

Carbon Dioxide (CO2) Streams in Geological Sequestration Activities – Final Rule.” ICR

Number 2421.04, OMB Number 2050-0207.

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 finalizing a conditional exclusion 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,1including the requirements in 40 CFR Parts 144 and 146 of the Underground 

Injection Control Program of the Safe Drinking Water Act. The exclusion will only apply to the

CO2 stream itself (as defined in 40 CFR 146.81(d)), and not to hazardous wastes that are mixed 

with, or are otherwise co-injected with, CO2 streams. The exclusion will be codified at 40 CFR 

261.4(h).

The conditional exclusion requires that generators and owner/operators of a Class VI UIC 

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

representative sign a certification statement worded as specified under (i) or (ii). The signed 

certification statement must be kept on site for no less than three years, and posted prominently

on the corporate website (if such website exists) as a public notification with the title of “Carbon 

Doxide Stream Certification.” The signed certification statement, which must be made available 

within 72 hours of a written request from EPA or a state director (if authorized), must be 

renewed every year that the generator and Class VI UIC well owner/operator claim the 

exclusion.

The EPA is taking this action to encourage the use of carbon capture and sequestration 

(CCS) technologies in order to help reduce the levels of greenhouse gases emitted to the 

atmosphere.2 In 2010, EPA finalized 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 (December 10, 2010 FR 77230).1,

3

These UIC amendments 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 prohibit the injection of RCRA hazardous 

waste into Class VI wells. 

 

1 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide 

(CO2)Geologic Sequestration (GS) Wells; Final Rule (75 FR 77230, December 10, 2010)

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

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

the status of CO2 as a RCRA hazardous waste. The final RCRA conditional exclusion clarifies

that captured CO2 would not be RCRA hazardous provided that the generator and Class VI UIC 

well owner/operator claim the exclusion and comply with its conditions. In this respect, the

RCRA conditional exclusion 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 final UIC amendments.

The Agency 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 final RCRA conditional exclusion, including compliance with 

regulations governing the storage, transport and injection into UIC Class VI permitted wells. The 

EPA believes that the full set of hazardous waste regulations is in many ways inappropriate for 

these CO2 streams and the conditional exclusion would substantially reduce the uncertainty 

associated with managing the streams under the hazardous waste regulations.

This ICR examines the information collections under the final RCRA conditional 

exclusion 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, we estimate 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 exclusion is being finalized under the authority of sections 2002, 3001, 

3002, 3003, 3004, and 3007 of RCRA, as amended. EPA believes that the final rule 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 help 

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

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

claimants accountable for knowing and following the conditions of the exclusion. 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.

2(b) Practical Utility and Users of the Data

The certification statements required by the conditional exclusion 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 
3

and Web posting requirements would also 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 posted to the 

company websites (if such exists), and 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 currently collects or will collect this 

information. 

3(b) Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA opened a 60-day public 

comment period at the time that the Proposed Rule was published in the Federal Register.

4

 To 

assist the public in commenting on the proposal, EPA raised a number of issues in the preamble 

to the Proposed Rule and asked for public comment. EPA responses to public comments on the 

proposed rulemaking are available from the RCRA docket (Docket ID No. EPA-HQ-RCRA2010-0695). 

The proposed rule was published at 76 FR 48073 on August 8, 2011, and a correction 

was published at 76 FR 55846 on September 9, 2011.

3(c) Consultations

EPA consulted and collected information from interested parties over the course of 

several months to support the Final Rule. EPA solicited and received comments on the Proposed 

Rule and has addressed these comments. EPA also met and communicated with interested 

stakeholders and those potentially affected by the rule. 

3(d) Effects of Less Frequent Collection

The certification statements must be prepared and posted to the company website (if such 

exists) when the generator and Class VI well owner/operator claim the exclusion, and renewed 

 

4 Federal Register, Vol. 76, No. 152, 48073, August 8, 2011
4

every year that the exclusion 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 a facility could overlook the conditions, particularly

as a result of employee turnover. In addition, the requirement for an annual renewal helps to 

ensure that 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 or an authorized state official. The certification is submitted only when 

requested (e.g., one-time basis) and therefore is not submitted according to any specified 

frequency.

3(e) General Guidelines

This ICR adheres to the guidelines established in the Paperwork Reduction Act of 1995, 

OMB’s implementing regulations, EPA’s ICR Handbook, and other applicable OMB guidance.

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

Guidelines regarding data collection, as relevant.

3(f) Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which defines EPA’s general 

policy on public disclosure of information, contain provisions for confidentiality. However, the 

Agency does not anticipate that businesses will assert a claim of confidentiality covering all or 

part of the Final Rule. If such a claim is 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 Privacy Act of 1974 and OMB Circular 108.

3(g) Sensitive Questions

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

associated with this Final Rule.

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. 

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

NAICS Codes Description

211111 Crude Petroleum and Natural Gas Extraction

22 Utilities
5

31-331 Manufacturing

48-49 Transportation

56 Administrative and Support and Waste Management and Remediation 

Services

92 Public Administration

4(b) Information Requested

This section describes information collection requirements applicable to entities that 

would be affected by the Final Rule. 

(1) Private Sector Organizations

EPA is finalizing a conditional exclusion 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 exclusion 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 exclusion is codified at 40 CFR 261.4(h).

The conditional exclusion requires that 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 posted to the company website (if such 

is available) and 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 by 

anyone claiming the exclusion.

(i) Data Item

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

owner/operator that is worded as follows: 

 For any generator of a carbon dioxide stream who claims that a carbon 

dioxide stream is excluded under this section:

I certify under penalty of law that the carbon dioxide stream that I am claiming 

to be excluded under 40 C.F.R. §261.4(h) has not been mixed with hazardous 

wastes, and I have transported the carbon dioxide stream in compliance with (or 

have contracted with a pipeline operator or transporter to transport the carbon 

dioxide stream in compliance with) Department of Transportation requirements, 

including the pipeline safety laws (49 U.S.C. § 60101 et seq.) and regulations 

(49 C.F.R. Parts 190-199) of the U.S. Department of Transportation, and the 
6

pipeline safety regulations adopted and administered by a state authority 

pursuant to a certification under 49 U.S.C. § 60105, as applicable, for injection 

into a well subject to the requirements for the Class VI Underground Injection 

Control Program of the Safe Drinking Water Act.

 For any Class VI Underground Injection Control well owner or operator who 

claims that a carbon dioxide stream is excluded under this section:

I certify under penalty of law that the carbon dioxide stream that I am claiming 

to be excluded under 40 C.F.R. §261.4(h) has not been mixed with, or otherwise 

co-injected with, hazardous waste at the Underground Injection Control (UIC) 

Class VI permitted facility, and that injection of the carbon dioxide stream is in 

compliance with the applicable requirements for UIC Class VI wells, including 

the applicable requirements in 40 CFR parts 144 and 146.

(ii) Respondent Activities

 Generators and Class VI UIC well owner/operators claiming the exclusion must

perform the following:

- Prepare the certification statement and have it signed by the authorized 

representative;

- Keep the signed certification statement onsite for no less than three years;

- Post the certification statement to the company website (if such is 

available);

- Renew and report the certification every year the exclusion 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.
7

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.

5(c) Small Entity Flexibility

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

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

conditional exclusion will 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 exclusion must

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

keep it onsite for three years. 

 Generators and Class VI UIC well owner/operators claiming the exclusion must 

post the signed certification statement to the company website (if such is 

available).. 

 The signed certification must be renewed and reposted each year that the 

exclusion is claimed. 

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

request from EPA or authorized state officials
8

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 final

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

3 presents the total annual burden to the private sector and state governments under the 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 final rule. 

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

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

(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 management, $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 updated the non loaded labor rates to 2010 levels using the BLS Employment Cost 

Index. Finally, we applied an average loading factor of 1.6 to reflect overhead.

Table 2. Occupation Labor Category and Wage Rate Source --

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
9

State Governments

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

$64.86 for legal staff, $61.50 for management, $38.53 for technical staff, and $26.74 for clerical 

staff. To derive these rates, we 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 updated the wage rates to June 2010 levels using the BLS Employment Cost Index. 

Finally, we applied an average loading factor of 1.6 to reflect overhead.

Table 3. Occupation Labor Category and Wage Rate Source –

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 are no

capital costs associated with the information collections.
10

6(c) Estimating Agency Hours and Costs

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

management, $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.5The 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. We 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, we estimate the impacted universe and the annual burden to respondents 

under the rule’s paperwork requirements. We then estimate the burden impact (i.e., savings) to 

respondents for no longer complying with the existing RCRA paperwork standards for excluded

CO2 streams. Exhibits 1 through 4 calculate respondent burden.

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 exclusion and prepare the certification statement

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

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

from 2012 through 2014 as estimated for the final rule economic assessment.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 

exclusion. We have applied our 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 exclusion’s paperwork requirements. A clerical person would type up the 

 

5

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

6 See Table 4 – footnote a
11

certification statement and a manager would sign and keep it onsite. Again, we have used 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 Exclusion During Three-Year Period of ICRa

Facility Type

Years

Total

ThreeYear 

Average 1 2 3 b

Claiming Exclusion/Preparing Certification

Generators 3 1 0 4 1.33 (2)

Class VI UIC Well 

Owner/Operators 1 0 0 1 0.33 (1)

Sub-Total 4 1 0 5 1.67 (3)

Renewing Certification Annually

Generators 0 3 4 7 2.33 (3)

Class VI UIC Well 

Owner/Operators 0 1 1 2 0.67 (1)

Sub-Total 0 4 5 9 3.00 (4)

Grand Total 4 5 5 14 4.67 (7)

a

For the Final Rule ICR we assume that no more than 10 percent CO2 is hazardous waste.

The annual number for affected facilities is based on the revised high-end number of generators (19) and Class VI well 

owner/operators (9) that are projected would begin practice over the three-year ICR duration period, as derived from the June 2, 

2011 Assessment Exhibits 5 and 10.

bTable contains rounding. Three-year averages rounded up. 

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

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 exclusion in all 

prior years. 

As shown in the table, EPA estimates that 3 generators and 1 Class VI UIC well 

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

this ICR. In total, this equates to 4 respondents on average annually. We applied our best 

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

certification statement annually.

Finally, we estimate that there would be 4 generators and Class VI UIC owner/operators 

under the exclusion by the end of the first year, 5 by the end of the second, and 5 by the end of 

the third. Hence, EPA estimates that, on average, there could be as many as 7 (summed from 

subtotals) respondents on average during the ICR’s three-year period. Based on our best 

professional judgment, we expect that, each year, 30 percent of affected facilities would be asked 
12

to submit their certifications to EPA or state. We applied our best professional judgment to

estimate that 90% of these submissions would be sent to authorized states and 10% to EPA.

These estimates are incorporated into Exhibit 1.

(2) State Governments

As discussed above, EPA applied best professional judgment to estimate that state 

governments would prepare and transmit 1 request to generators or Class VI well 

owner/operators for their signed certifications annually. State governments would then receive, 

review and file these statements. In addition, we estimated, based on our best professional 

judgment, that state governments would take one hour to prepare a letter requesting a 

certification statement and 30 minutes (i.e., 50 percent of one hour, as presented in the Exhibit) 

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. The Exhibit indicates that these 

respondents are estimated to incur approximately 38 hours and $3,765 annually.

EXISTING PAPERWORK REQUIREMENTS

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

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

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

RCRA paperwork requirements.

Exhibit 4 presents the total annual burden under the final rule’s paperwork requirements,

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

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

facilities 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 exclusion, EPA estimates that they would remain CESQGs, be 

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

 

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.
13

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

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

facilities 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 GM Form. Under the 

conditional exclusion, 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 exclusion, 

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

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

existing hazardous waste regulations, facilities that capture CO2 would be required to 

determine if it is RCRA hazardous and keep records of this determination. Under the 

conditional exclusion, they would be relieved of these requirements and therefore realize 

a burden savings.8 

 

8

ICR 1442 estimates that 50% of generators pay this fee and the other 50% use generator knowledge. This differs 

from the Economic Assessment (EA) prepared for the RCRA CO2 rule. The EA’s estimates are based on a more 

detailed analysis of inputs specific to the rulemaking.
14
15
16
17
18

6(e) Bottom Line Burden Hours and Cost Tables

(1) Respondent Tally

As shown in Exhibit 3, EPA estimates the total annual burden to respondents (i.e., the 

private sector and state governments) under the new paperwork requirements to be 38 hours and 

$3,765. This includes $1.10 in operations & maintenance costs, of which 66 cents are for private 

respondents and 44 cents for state government respondents. There are no capital costs. In

addition, Exhibit 4 indicates an annual burden savings under the existing paperwork requirements 

of 103 hours and $8,497. This results in a net annual savings of 65 hours and $4,733. The 

bottom-line burden savings over three years is estimated to be 195 hours and $14,199.

(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 less than one hour and about $24. The bottom-line 

burden over three years is estimated to be 1.5 hours and $72.

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 help 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 

exclusion and increase compliance rates.

6(g) Burden Statement

The annual public reporting and recordkeeping burden (private sector plus states) for this 

collection of information is estimated to average 4.8 hours per respondent. For private-sector 

respondents, the estimate is 5.3 hours per response. This includes time for reading the 

regulations, preparing the certification statement, posting the statement to the company website (if 

such exists), 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 the time for preparing and 

mailing a letter requesting the generator or UIC well owner/operator submit the 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 
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maintaining information, and disclosing and providing information; adjust the existing ways to 

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

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

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

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

currently valid OMB control number. The OMB control 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 in the EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA 

Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-

1744, and the telephone number for the RCRA Docket is (202) 566-0270. An electronic version 

of the public docket is available at www.regulations.gov. This site can be used to submit or view 

public comments, access the index listing of the 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-HQ-RCRA-2010-0695 and OMB Control Number 2050-0207 in any 

correspondence.