**SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUEST**  **NUMBER 2421.**  **0 4** 

**“ HAZARDOUS WASTE MANA**  **GEMENT SYSTEM: CONDI TIONAL EXCLUSION**  **FOR CARBON DIOXIDE ( CO**  **2 ) STREAMS IN GEOLOGI**  **CAL SEQUESTRATION ACTIVITIES** 

**– FINAL**  **RULE ”**  **August 27 , 2013** i **TABLE OF CONTENTS** 1. ID ENTIFICATION 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, CONSUL TATIONS, AND OTHER COLLECTION CRI TERIA
..... 3 3(a) Nonduplication
................................ ................................ ................................ ............... 3 3(b) Publi c 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. T HE RESPONDENTS AND THE INFORMATION REQUESTED
................................ ...... 4 4(a) Respondents and NAICS Codes
................................ ................................ ..................... 4 4(b) In formation Requested
................................ ................................ ................................ ... 5 5. THE INFORMATION COLLECTED , AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
................................ .............. 7 5(a) Agency

Activities
................................ ................................ ................................ ........... 7 5(b) C ollection Methodology and Management
................................ ................................ .... 7 5(c) Small Entity

Flexibility
................................ ................................ ................................ .. 7 5(d) Collection Schedule
................................ ................................ ................................ ........ 7 6. E STIMATING 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 I C R is titled , **“Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO**  **2 ) Streams in Geological Sequestration Activit** **ies**

**– Final Rule.”**  IC R Number 2421.0 4 , 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 Pro tection Agency (EPA) is finalizing a conditional ex clusion from the definition of hazardous waste for carbon dioxide (CO 2 ) streams that are captured, stored, transported, and injected into a well subject to the requirements for Class VI Underground Injection Control (UIC) wells, 1 including the requirements in 40 CFR Parts 144 and 146 of the Underground Injection Control Program of the Safe Drinking Water Act. The ex clusion w ill only appl y to the CO 2 stream itself (as defined in 40 CFR 146.81(d)), an d not to hazardous wastes that are mixed with, or are otherwise co
- injected w ith, CO 2 streams. The ex clusion w ill be codified at 40 CFR 261.4(h). The conditional exclusion require s that generator s and owner/operator s of a Class VIUI C well who claim that a CO 2 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 ye ars , 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 s tate 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 In20 10 , EPA finalized amendments to the UI C program to establish a new ty pe of well (Class VI) to cover the underground injection of CO 2 for the purposes of geological sequestration ( December 10 , 20 10 FR 77230 ). 1 , 3 These UI C amendment s address the unique nature of geological sequestration projects to ensure that the injection of large volumes of CO 2 in geological formations for the purposes of long term storage would not endanger underground sources of drinking water. The UI C amendment s 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 CO 2 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 UI C amendments raised questions and concerns about the status of CO 2 as a RCRA hazardous waste. The final RCRA conditional exclusion clarif ies that captured CO 2 would no t 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 CO 2 stream under RCRA and encourag i ng the capture and sequestration of CO 2 in Class VIwells in accordance with the final UI C amendments
. The Agency believes that the risk posed to human health and the environment from the management of CO 2 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 UI C Class VI permitted wells. The EPA believes that the full set of hazardous waste regulations is in many way s inappropriate for these CO 2 streams and the conditional exclusion would substantially reduce the uncertainty associated with managing the streams under the hazardous waste regulations. This I CR 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 infor

mation 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 deplo yment of carbon capture and sequestration (CCS) technology , to help control levels of greenhouse gases (GHGs) in the atmosphere
. The certification statements required b y the conditional exclusion are necessary to hold claimants accountable for knowing and follo wing the conditions of the exclusion
. They also are necessary to dem onstrate 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 b y 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 statements3

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 e xists), and updated annually to ensure that the facilities are reminded regularl y of the applicable conditions , and that the person chosen to be the authorized representative is a current employee. **3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION**  **CR ITERIA**  **3(a) Nonduplication**  The information collected under this I CR is not available from any source other than respondents. No other Federal agency or department currently collects or will collect this information. **3(b) Pub**  **lic 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
- RCRA
20 10
- 0 695 ). 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 addresse d these comments. EPA also met and communicated with interested stakeholders and those potentially affected by

the rule. **3(d) Effec**  **ts 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. 7 6 , No. 1 52 , 48073 , August 8 , 201 14

every year that the exclusion is claimed
. EPA believes this frequency is essential to ensure that the facilities are reminded regularl y of the conditions applicable to them. If EPA does not require an annual renewal, it is possible that a faci lity 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 there f ore is not submitted according to any specified frequency . **3(e) General Guidelines**  This I CR 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. In formation collections performed under this clearance will follow all of OMB’ s Gener al Guidelines regarding data collection , as relevant
. **3(f) Confidentiality**  Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which def ines 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 th is Final Rule. **4. THE RESPONDENTS AND THE INFORMATION REQUESTED**  **4(a) Respondents and NAICS Codes**  Table 1 presents the North American Industrial Classification Sy stem (NAICS) codes that may be affected b y i nformation collections in this I CR. **Table 1. North American Industrial Classification System (NAICS) Codes**  **NAICS Codes Description**  211111 Crude Petroleum and Natural Gas Extraction 22 Utilities5 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 b y the Final Rule. **(1) Private**  **Sector Organizations** EPA is finalizing a conditional exclusion from the definition of hazardous waste for carbon dioxide (CO 2 ) streams that are captured, stored, transported, and injected into a well subject to the requirements for Class VI Underground In jection 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 appl y to the CO 2 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 w ith CO 2 streams. The exclusion is codified at 40 CFR 261.4(h). The conditional exclusion require s that any generator (person or persons, by site, who capture the carbon dioxide for eventual injection into a Class VIUnderground Injection Control well) and any owner/operator of a Class VI UIC well who claim that a CO 2 stream is exempt under section 261.4(h) to have an authorized representative sign a certification s tatement 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 b y 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 wa stes, 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 (4 9 U.S.C . § 60101 et seq.) and regulations (49 C.F.R. Parts 190
- 199) of the U.S. Department of Transportation, and the6 pipeline safety regulations adopted and administered by a state authority pursuant to a certif

ication under 49 U.S.C. § 60105, as applicab le , 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 Activ** **ities**

 G enerator s and Class VI UI C well owner/operator s claiming the exclusion must perform the following :

- Prepare the certification statement and have it signed by the authorized repres entati ve ;

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

- 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 reques ted. **(2) State Governments**  Authorized states may

provide a written request to generators or Class VI UIC well owner/operators asking for a cop y 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 cop y of the ir 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 cop y 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 VIUIC well owner/operators. **5(c) Small Entity Flexibility**  The conditional exclusion is optional and will only be claimed if generator s and Class VI UI C well owner/operator s find that the exclusion is in their best interest. EPA believes that the conditional exclusion w ill 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 CO 2 stream
. **5(d) Collection Schedule**  Following is the rule’s collection schedule:

 G enerators and Class VI UI C 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 ye ars .  Generators and Class VI UI C 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 ye ar that the exclusion is claimed.  The signed certification must be made available within 72 hours of a written request from EPA or authorized state officials8

**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. Exh ibit 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**  **Pr i** **v ate Sector Organizations**  EPA estimate s an average loaded hourl y labor rate for private sector organizations of $101.13 for legal staff, $ 77
. 6 7 for management , $110.99 for technical staff, and $ 25.06 for clerical staff

. To derive the se rates, EPA obtained mean (unloaded) average hourly l abor rates from the “Occupational Employ ment Statistics, May

2009 National Occupational Employ ment and Wag e Estimates, United States” of the U.S. Bureau of Labor Statistics (BLS) and from survey s of oil and gas prof essionals performed b y 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. EP A updated the non loaded labor rates to 2010 levels using the BL S Employ ment 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 Statistics9

**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 Employ ment and Wage Estimates, NAICS 999200

– State Government” of the Bureau of Labor Statistics (BL S). Table 3 identifies the occupations whose labor rates were used in this ICR f or each labor category as well as the source of the rates. EPA updated the wage rates to June 2010 levels using the BL S Employ ment Cost Index. Finally , we applied an average loading factor of 1.6 to reflect overhead.

**Table 3. Occupation Labor Categor** **y 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 I CR. They are defined by

the Paperwork Reduction Act of 1995 as the recurring dollar amount of costs associated with O&M or purchasing services. Thi s I CR 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 cap ital cost s associated with the information collections
.10

**6(c) Estimating Agency Hours and**  **Costs** EPA estimates an average loaded hourl y labor rate of $7 6
. 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 hourl y 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 rat es were based on GS Level 14, Step 4, technical labor rates were based on GS Level 12, Step 5, and clerical labor rates were b ased on GS Level 5, Step 1. We then multiplied the unloaded rates b y the standard gov ernment loading factor of 1.6 to reflect overhead (loading factor recommended in EPA’s I CR Handbook)
. **6(d) Estimating the Respondent Universe**  In this section, we estimate the impacted universe and the annual burden to respondents un der the rule’s pa

perwork requirements. We then estimate the burden impact (i.e., savings) to respondents for no longer complying with the existing RCRA paperwork standards for ex cluded CO 2 streams
. Exhibits 1 through 4 calculate respondent burden
. **PAPERWORK REQUIREMENT S**  **(1) Private Sector Organizations**  Table 4 presents that annual number of generators and Class VI UIC w ell owner/operators that are estimated to claim the exclusion and prepare the certification statement during the three
- ye ar period of this I CR. These estimates reflect the number of generators and Class VIUI C well owner/operators that are expected to begin capture and sequestration activities from 2012 through 2014 as estimated for the final rule econom ic assessment. 6 As shown in the table, EPA estimates that 2 generators and 1 Class VI UI C well owner/operator would prepare the certification statement at 40 CFR 261.4(h) on average annually during the three
- ye ar period of this ICR. Intotal, this equates to 3 respondents on average annually
. For purpose s of this I CR, 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 applie d 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 pers onnel would review relevant document ation and discuss the exclusion ’s paperwork requirements
. A clerical person would ty pe up the

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

. 6 See Table 4

– footnote a11

certification statement and a manager would sign and keep it onsite. Again, we have used best professional judgment to estim ate 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 ICR a**  **Facility Type Years**  **Total Three**  **** **Year Average**  **b 1**  **2 3**  **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

- T otal 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

- T otal 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) an d 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.
b Table contains rounding. Three
- year averages round ed u p .

Table 4 also presents that annual number of generators and Class VI UIC w ell owner/operators that are estimated to renew the ir certification statement during the three
- ye ar period of this I CR. The number of respondents e xpected to renew their certification statement each ye ar 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 UI C well owner/operator would renew the certification on average annuall y during the three
- year period of this I CR. In total, this equates to 4 respondents on average annually
. We applied our best professional j udgment 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, EP A estimates that, on average, there could be as many as 7 (summed from subtotals) respondents on average during the ICR’s three
- ye ar period
. Based on our best professional judgment, we expect that, each ye ar, 30 percent of affected facilities would be asked12

to submit their c ertifications 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 government s would prepare and transmit 1 request to generators or Class VI well owner/operators for their signed certifications annually
. S tate 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. Th ese estimate s are reflected in Exhibit 2. **(3) Total**  **R espondent 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 UI C well owner/operators claiming the exclusion would not be subject to existing RCRA information collection requirements in handling the exempted CO 2 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 IC R in whic h 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 beg i n capturin g hazardous waste CO 2 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 I CR Number 976). EPA estimates that , under the existing hazardous waste regulations, facilities that capture hazardous waste CO 2 would c hange in generator s tatus from CESQGs to L QGs and be required to submit a new or revised Site Identification (ID) F orm to EPA indicating this change. A s LQGs they also must prepare and submit a Hazardous Waste Report biennially , including a Site ID F orm and GM F orm. 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 well s that receive the CO 2 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 Si te ID Form and Form WR s . Under the conditional exclusion , they would be relieved of these requirements and therefore see a burden savings.

 Land Disposal Restrictions I CR (EPA ICR Number 1442). EPA estimates that , under the existing hazardous waste regulations, facilities that capture CO 2 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 CO 2 rule. The EA’s estimates are based on a more detailed analysis of inputs specific to the rulemaking.1415161718

**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 exis ting paperwork requirements of 1 03 hours and $ 8,497 . This result s in a ne t annual savings of 6 5 hours and $ 4 , 733 . The bottom
- line burden savings over three ye ars is estimated to be 195 hours and $ 1 4,199
. **(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 ye ars 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 b y the new paperw ork 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 VIUI C well owner/operators accounta ble 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 inform ation is estimated to average 4.8 hours per respondent. For p rivate
- 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 UI C 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 b y 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 sy stems for the purposes of collecting, validating, and verifying information, processing and19

maintaining information, and disclosing and providing information; adjust the existing way s 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 currentl y 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 in formation, 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 I CR 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 holiday s. 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 sy stem, 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.