# DRAFT
**SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 1189.2**  **6 IDENTIFICATION, LISTING AND RULEMAKING PETITIONS**  **(RENEWAL) May**  **201 5** 

# TABLE OF CONTENTS

1. ID ENTIFICATION OF THE INFORMATION COLLECT ION
........................... 1 1(a) TITLE AND NUMBER OF THE INFORMATION COLLECT ION
.............. 1 1(b) SHORT CHARACTERIZATION
... ......................... ... ..................... 1 2. NEED FOR AND USE OF THE COLLECTION
..................................... ... ... 5 2(a) NEED AND AUTHORITY FOR THE COLLECTION ............................5 2(b) PRACTICAL UTILITY AND USERS OF THE DATA ..........................10 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
.................................................................................. .11 3(a) NONDUPLICATION
.............................................................. .11 3(b) PUBLIC NOTICE REQUIRED PRIOR TO IC R SUBMI SSI ONS TO OMB
... . 1 1 3(c) CONSULTAT IONS
.............................................................. ... 1 1 3(d) EFFECTS OF LESS FREQUENT COLLECTION
......................... ... ... .12 3(e) GENERAL GUIDELINES
....................................................... ... 1 2 3(f) CONFIDENTIALITY
.................................................... ... ........ 1 2 3(g) SENSITIVE QUESTIONS
.................................................... ... ... 12 4. THE RESPONDENTS AND THE INFORMATION REQUESTED
..................... 1 2 4(a) RESPONDENTS AND NAICS CODES
........................................... 1 2 4(b) INFORMAT ION REQUESTED
.................................................... 1 8 5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ...........................52 5(a) AGENCY ACTIVITIES
................................. ...........................52 5(b) COLLECTION METHODOLOGY AND MANAGEMENT ....................56 5(c) SMALL ENT ITY FLEXIBILITY ..................................................56 5(d) COLLECTION SCHEDULE
................................................ . ...... 58 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION
......... ... ...... 60 6(a) ESTIMATING RESPONDENT BURDEN
................................. .... ... 60 6(b) ESTIMATING RESPONDENT COSTS
....................................... ... . 61 6(c) ES TIMATING AGENCY BURDEN AND COST
.................. .. ............ 62 6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST S
.................................................... ...... ...62 6(e) BOTTOM LINE BURDEN HOURS AND COSTS
............................... 85 6(f) REASONS FOR CHANGE IN BURDEN .........................................85 6(g) BURDEN STATEMENT
...................................................... .. ... 86 ATTACHMENT
- BURDEN ESTIMATE METHODOLOGY
.............................. .. ... 88

# TABLE OF EXHIBITS

EXHIBIT 1
- READING THE REGULATIONS

– ANNUAL ESTIMATED RESPONDENT

BURDEN AND COST
. ..............................................................6 7 EXHIBIT 2
- RULEMAKING PETITIONS

– ANNUAL ESTIMATED RESPONDENT

BURDEN AND COST
.. . ............................................................6 8 EXHIBIT 3
- SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

– ANNUAL

ESTIMATED RESPONDENT BURDEN AND COST
... ......................... 70 EXHIBIT 4
- EXCLUSIONS FROM THE DEFINITION OF HAZARDOUS WASTE

–

ANNUAL ESTIMATED RESPONDENT BURDEN AND COST
............... 73 EXHIBIT 5
- HAZARDOUS WASTE LISTING EXEMPTIONS

– ANNUAL ESTIMATED

RESPONDENT BURDEN AND COST
. ........................................... 76 EXHIBIT 6
- TOTAL ANNUAL ESTIMATED RESPONDENT BURDEN AND COST FROM

NEW ICRs ...................................................................................79 EXHIBIT 7
- TOTAL ANNUAL RESPONDENT BURDEN AND COST FROM ALL

ACTIVITIES COVERED IN THIS 2015 RENEWAL IC R ........................80 EXHIBIT 8
- ANNUAL ESTIMATED AGENCY BURDEN AND COST..
. ... ............ . ... 81 EXHIBIT 9
- TOTAL ANNUAL E STIMATED AGENCY BURDEN AND COST FROM

NEW ICRs.........................................................................84 EXHIBIT 10
- TOTAL ANNUAL AGENCY BURDEN AND COST FROM ALL

ACTIVITIES COVERED IN THIS 2015 RENEWALICR.........................84 EXHIBIT 11
- AVERAGE RESPONDENT BURDEN
............ . ............ ........ ........... 86

# 1. **IDENTIFICATION OF THE INFORMATION COLLECTION**

**1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION**  This information collection request (ICR) is entitled “ Identification, Li sting and Rulemaking Petitions (Renewal), ” EPA ICR #1189.2 6 , OMB Control # 2050

- 0053
. **1(b) SHORT CHARACTERIZATION**  Under the authority

of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress directed the U.S. Environmental Protection Agency (EPA) to implement a comprehensive program for the safe management of hazardous waste. In addition, Congress wrote that “ [a]ny

person may

petition the Administrator for the promulgation, amendment or repeal of any regulation” under RCRA (section 7004(a)). 40 CFR Parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. In Sections 1 through 5 of this ICR, EPA presents a comprehensive de scription of these paperwork requirements. In Section 6, EPA estimates the total annual burden and cost to respondents and the government associated with these paperwork requirements. In preparing this ICR, EPA consolidated the following four previousl y finalized/approved ICRs
. The ICR entitled, “ Id entification, Listing and Rulemaking Petitions (Renewal),” ICR #1189.2 4 , was the previously approved “base” IC R for the Parts 260 and 261 paperwork requirements. The ICR entitled, “ Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent

- Contaminated Wipes (Final Rule) ,” ICR #2127
. 03 , was a new ICR. 1 

# The ICR entitled, “Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule

– Final Rule,” ICR #2455.01, was a new ICR. 2 

# The ICR entitle d, “ Hazardous Waste Management System: Co nditional Exclusion for Carbon Dioxide (CO 2) 

# Streams in Geological Sequestration Activities

– Final Rule,” ICR #2421.04, was a new ICR. 3 

# This current ICR (#1189.2 6 ) replaces these four ICRs and , therefore , becomes the new “base” IC R for the Parts 260 and 261 paperwork requirements. In the following paragraphs, EPA briefly describes the 40 CFR Parts 260 and 261 paperwork requirements.

1 

## ICR # 2127.03 addressed the paperwork requirements at 40 CFR 261.4(a) and 40 CFR 261.4 (b)
. 2 

## ICR #2455.01 addressed the paperwork requirements at 40 CFR 261.39(a)(5), 40 CFR 261.41(a) and 40 CFR 261.41(b). 3 

## ICR #2421.04 addressed the paperwork requirements at 4 0 CFR 261.4(h).

## 2



# RULEMAKING PETITIONS In section 7004(b)(1) of RCRA, Congress directed the Administrator to develop and publish minimum guidelines for public participation in rulemaking petition processes. 40 CFR Part 260, Subpart C establishes procedures for submitting rulemaking petitions. Under section 260.20(b), all rulemaking p etitioners must submit basic information with their demonstrations, including name, address, and statement of interest in the proposed action. Under section 260.21, all petitioners for equivalent testing or anal ytical methods must include specific information in their petitions and demonstrate to the satisfaction of the Administrator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility . Under section 260.22, petitions to amend Part 261 to exclude a waste produced at a particular facility

(more simply, to delist a waste) must meet extensive informational requirements. When a petition is submitted, the Agency reviews materials, deliberates, publishes its tentative decision in th e Federal Register , and requests public comment. EPA also may hold informal public hearings (if requested b y an interested person or at the discretion of the Administrator) to hear oral comments on its tentative decision. After evaluating all comments, EPA publishes its final decision in the Federal Register
. **SOLID WASTE AND BOILER VARIANCE REQUIREMENTS** In 1985, EPA promulgated regulations governing procedures and informational requirements for variances from classification as a solid waste or for classi fication as a boiler in sections 260.30

- 260.33. Sections 260.30, 260.31, and 260.33 comprise the standards, criteria, and procedures for variances from classification as a solid waste for three ty pes of materials: materials that are collected speculative ly without sufficient amounts being recycled; materials that are reclaimed and then reused within the original primary production process in which they were generated; and materials that have been reclaimed, but must be reclaimed further before the materials are completel y recovered. In sections 260.32 and 260.33, EPA promulgated regulations governing the procedures and criteria for obtaining a variance for classification as a boiler. This variance is available to owner or operators of enclosed flame combustion devices. **HAZARDOUS WASTE EXCLUSIONS** Sections 261.3 and 261.4 contain provisions that allow generators to obtain a solid or hazardous waste exclusion for certain ty pes of wastes. Facilities appl ying for these exclusions must either submit supporting information or keep detailed records. Under section 261.3(a)(2)(iv), generators may obtain a hazardous waste exclusion for wastewater mixtures subject to Clean Water Act regulation. In 2005, EPA revised the Wastewater Treatment Exemptions for Hazardous Waste Mixtures, also known as the “ Headworks Rule ” under 40 CFR 261.3(a)(2)(iv) (A), (B), (D), (F), or (G). This Headworks Ex clusion final rule (70 FR 57769; October 4, 2005) added benzene and 2

- ethoxyethanol to the existing list of solvents that are eligible for the exemptions. The scrubber waters derived

- from the combustion of any of the exempted solvents also are included in the exemption. In addition, this rule added an option to allow generators to directly measure solvent chemical levels at th e

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# headworks of the wastewater treatment system to determine whether the wastewater mixture is exempt from the definition of hazardous waste. Finally, this rule extended the eligibility for the de minimis exemption to other listed hazardous wastes (beyond discarded commercial chemical products) and to non

- manufacturing facilities. Under section 261.3(c)(2)(ii)(C), generators may obtain an exclusion for certain nonwastewater residues resulting from high metals recovery processing (HTMR) of K061, K062, and F006 waste. In addition, under section 261.4(a)(9), generators may claim a solid waste exclusion for spent wood preserving solutions and wastewaters from the wood preserving process, as specified. Section 261.4(a)(17) provides that secondary materials, other than listed hazardous wastes, generated within the primary mineral processing industry from which minerals, acids, cyanide, water or other values are recovered by mineral processing or beneficiation, are excluded from being a solid waste so long as c ertain criteria are met. 4 

# Under section 261.4(a)(20)(ii)(A), generators and intermediate handlers may obtain a hazardous waste exclusion for zinc

-bearing hazardous secondary

materials that are to be incorporated into zinc fertilizers. Section 261
. 4(a)(20)( iii)(B), allows manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to obtain a hazardous waste exclusion. Under section 261.4(b)(6), generators of chromium

- containing waste may obtain a hazardous waste exclusion under certain conditions. Also addressed under this section is the shipment of samples between generators and laboratories for the purpose of testing to determine its characteristics or composition. Sample handlers who are not subject to U.S. Department of Transportation (DOT) or U.S. Postal Service (USPS) shipping requirements must comply with the information requirements of section 261.4(d)(2). In 1988, EPA promulgated regulations for generators, collectors, and testers of treatabil ity

study samples in sections 261.4(e) and (f). When intended for treatability studies, hazardous waste otherwise subject to regulation under Subtitle C of RCRA is exempted from these regulations, provided that the requirements in sections 261.4(e) and (f) are met, including the following information requests: initial notification, recordkeeping, reporting, and final notification. In addition, generators and collectors of treatability study samples also may

request quantity limit increases and time extensions, as specified in section 261.4(e)(3). In 2006, EPA amended the RCRA hazardous waste regulations by establishing a conditional exclusion for used cathode ray tubes (CRTs) under 40 CFR 261.39, 261.40 and 261.41, to encourage greater reuse, recycling, and better management of this growing waste stream (see 71 FR 42928; July 28, 2006). Under this conditional exclusion, used CRTs and glass removed from CRTs sent for recycling or reuse are excluded from the definition of solid waste, if they meet sp ecified conditions.

4 

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

## 4



# In 201 3 , EPA amended the RCRA solid and hazardous waste regulations to conditionally exclude wipes that are contaminated with hazardous solvents under 40 CFR 261.4(a)(26) and (b)(18). Under this conditional exclusion, solvent

- contaminated wipes that are cleaned and reused are excluded from the definition of solid waste and solvent

- contaminated wipes that are sent for disposal to a landfill or combustor are excluded from the definition of hazardous waste. Also in 2013, EPA revised the RCRA hazardous waste regulations to conditionally exclude carbon dioxide (CO 2 

# ) streams that are hazardous under 40 CFR 261.4(h) , provided these hazardous CO 2 

# streams are captured from emission sources, are injected into Underground Injection Control (UIC) Class VIwells for purposes of geologic sequestration (GS), and meet certain other conditions. In 2014, EPA revised certain export provisions of the 2006 CRT final rule. The revisions allow EPA to obtain additional information to better track exports of CRTs for reuse and recycling in order to ensure safe management of these materials. **HAZARDOUS WASTE LISTING EXEMPTION S**  In 1990, EPA promulgated regulations under 40 CFR 261.31(b)(2)(ii) governing procedures and informational requirements for generators and treatment, storage and disposal facilities proving their sludges are exempt from listing as F037 and F038 wastes. Sections 261.35 (b) and (c), which were also promulgated in 1990, govern procedures and informational requirements for the cleaning or replacement of all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping s ys tems, drip pads, fork lifts, and trams. In 1990, EPA promulgated (and amended in 1991 and 2005) regulations in 40 CFR 261.35 exempting wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives from being listed as F032 wastes once the generator has met the established requirements. In 2005, EPA promulgated a mass loadings

-based hazardous waste listing (i.e., K181) for certain organic dyes and/or pi gments manufacturing wastes in 40 CFR section 261.32 (see 70 FR 9138; February

24, 2005). Under this listing approach, these wastes are hazardous if they contain any of seven specific constituents of concern (CoCs) at annual mass loading levels that meet o r exceed the specified regulatory levels. If generators determine that their wastes are below regulatory

levels for all CoCs, then their wastes are nonhazardous. If their wastes meet or exceed the regulatory

levels for any

of the CoCs, the wastes must be m anaged as K181 hazardous wastes unless they

are: (i) disposed in a Subtitle D landfill unit subject to the design criteria in §258.40, (ii) disposed in a Subtitle C landfill unit subject to either §264.301 or §265.301, (iii) disposed in other Subtitle D landfill units that meet the design criteria in §258.40, §264.301, or §265.301, or (iv) treated in a combustion unit that is permitted under Subtitle C, or an on - site combustion unit that is permitted under the Clean Air Act.

## 5



# In 2008, EPA amended the list of hazardous wastes from non

- specific sources under 40 CFR 261.31 by

modifying the scope of EPA Hazardous Waste No. F019 (see 73 FR 31756 ; June 4, 2008 ). EPA amended the F019 listing to exclude wastewater treatment sludges generated from zinc phosphating, when zinc phosphating is used in the motor vehicle manufacturing process, provided that the wastes are not placed outside on the land prior to shipment to a landfill for disposal, and the wastes are disposed in landfill units that are subject to or meet th e landfill design criteria specified. Under the amendment, the generators of such wastes may exclude these wastes from the F019 listing provided they meet the conditions for the exclusion. **2. NEED FOR AND USE OF THE COLLECTION**  **2(a) NEED AND AUTHORITY**  **FOR THE COLLECTION** EPA promulgated the provisions for identification, listing and rulemaking petitions under the authority

of Subtitle C of RCRA. **RULEMAKING PETITIONS** Section 260.20 requires petitioners seeking to modify or revoke any

provision in 40 CFR Parts 260
- 265 and 268 to submit specific information. This information is used by EPA to determine each petitioner's interest in the proposed rulemaking petition, and contributes to EPA's goal of comprehensivel y protecting human health and the environment. Section 260.21 requires petitioners for equivalent testing or anal ytical methods to demonstrate to the satisfaction of the Administrator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility
. EPA needs this information to determine whether the proposed method is equivalent or superior to the specified method. This requirement contributes to EPA's goal of preventing contamination to the environment. Section 260.2 2 requires petitioners seeking to delist a specific waste to demonstrate that the waste does not meet any hazardous waste criteria. The delisting petition provides an alternative to facilities whose wastes are generall y described (listed) in Subpart D of P art 261, ye t may not be hazardous. EPA needs the information to evaluate the accuracy of each delisting petition and determine whether an exclusion is warranted. **SOLID WASTE AND BOILER VARIANCE REQUIREMENTS** Section 260.33 requires persons requesting variances from classification as a solid waste for specified recycled materials (e.g., speculatively collected materials) to address the relevant criteria contained in section 260.31. EPA needs this information to ensure that these materials are actuall y bein g recycled and not being accumulated to evade hazardous waste regulation. The practice of recycling specific materials from waste streams reduces the need to use natural resources, energy , and disposal capacity . By allowing legitimate recyclers an opportunity to

## 6



# exempt specific recycled materials from hazardous waste regulation, EPA promotes this environmentally

and socially

beneficial practice. Section 260.33 requires persons requesting variances for classification as a boiler (for enclosed devices using controlled flame combustion) to submit demonstrations that address the relevant criteria detailed in section 260.32. EPA needs this information to evaluate the compatibility

of the proposed device to classification as a boiler. Because boilers may be used to treat hazardous wastes (boilers that treat hazardous wastes are subject to substantive requirements in 40 CFR Part 266), the specific petition informational requirements aid in realizing EPA's goal of insuring that onl y properly designed hazardous waste treatment units are in operation. **HAZARDOUS WASTE EXCLUSIONS** Sections 261.3(a)(2)(iv) and 261.3(c)(2)(ii)(C) require facilities to prepare and submit materials in support of a wastewater or nonwastewater exemption, respectively . EPA needs to collect this information to ensure that facilities qualify for the exemption and can manage these wastes in a manner protective of human health and the environment. Under the revised headworks exclusion (see 70 FR 57769 ; October 4, 2005), facilities may choose to compl y with certain of the exemptions at 261.3(a)(2)(iv) b y directly measuring solvent chemical concentration levels at the headworks of the wastewater treatment system. Facilities choosing direct monitoring must develop and follow a sampling and analys i s plan that meets the weekl y average standards set for the appropriate wastes. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. Facilities must submit a copy of the sampling plan to the appropriate regulatory authority . Prior to commencement of direct monitoring, the facility

must confirm that the plan has been received by the overseeing agency (e.g., b y certified mail return receipt). Upon confirmation that the plan has been delivered successfull y, the facility will be allowed to commence direct monitoring to demonstrate compliance. Facilities are required to keep a cop y of their sampling plan on

- site. EPA is not requiring any other for

mal notification to the agency , unless a change in the facility ’s operations mandates a change in its monitoring. Under the revised headworks exclusion at s ection 261.3(a)(2)(iv)(D), all manufacturing facilities claiming a de minimis loss of F

- or K
- listed wastes and all non

- manufacturing facilities claiming a de minimis loss of any listed hazardous waste must include in their Clean Water Act (CWA) permit application (or for indirect dischargers to publicly owned treatment works (POTWs), the submission to their pretreatment control authority) a list of the Appendix VII hazardous constituents and the land disposal restrictions (LDR) constituents associated with each listed waste. In addition, facilities are required to keep a cop y of the CWA permit application or POTW submission on site to demonstrate to inspectors that the permit writer or control authority was notified of the possible de minimis releases of hazardous constituents.

## 7



# Section 261.4(a)(9) allows facilities to obtain a solid waste exclusion f or spent wood preserving solutions, as specified, and wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood. EPA needs to be notified of this exclusion to ensure that the materials handled by the facility

qualif y for the exclusion and that facilities can manage these wastes in a manner protective of human health and the environment. Section 261.4(a)(17) provides that secondary materials (i.e., sludges, by

-products, and spent materials as defined in section 261 .1) (other than listed hazardous wastes) generated within the primary

mineral processing industry from which minerals, acids, cyanide, water or other values are recovered b y mineral processing or beneficiation, are excluded from being a solid waste so long as certain criteria are met. EPA needs specified paperwork (e.g., one

- time notification and application) to learn about the exclusion claim and, if necessary, to make a site

specific determination regarding on

- site units. Section 261.4(a)(20) establishes conditions for excluding zinc fertilizers made from recycled hazardous secondary materials. EPA needs specified paperwork (e.g., one

- time notification and appropriate records) to track the exclusions and to ensure that they are warranted. Section 261.4(a)(26)(i) requires that reusable wipes, when accumulated, stored, managed, and transported, must be contained in non

- leaking, closed containers that are labeled “excluded Solvent

- contaminated Wipes.” Section 261.4(a)(26)(iv) requires generators of reusable wipes to maintain at their site specified documentation that they are managing excluded solvent

contaminated wipes. Section 261.4(b)(6) allows facilities to obtain a hazardous waste exclusion for chromium

containing waste under certain conditions. EPA needs this information to determine whether an exclusion is appropriate. Section 261.4(b)(18)(i) requires that disposable wipes, when accumulated, stored, managed, and transported, must be contained in non

- leaking, closed containers that are labeled “Excluded Solvent

- Contaminated Wipes.” Section 261.4(b)(18)(iv) requires generators of disposable wipes to maintain at their site specified documentation that they are managing excluded solvent

- contaminated wipes. Section 261.4(d) requires persons who generate or collect samples for the sole purpose of testing to determine its characteris tics or composition comply with all applicable DOT, USPS or other applicable shipping requirements. EPA needs the generator and laboratory to maintain appropriate shipping records to ensure that the package does not leak, spill, or vaporize from its packaging into the environment. Section 261.4(e)(2) requires persons who generate or collect samples for the purpose of conducting treatability studies to comply with specific informational provisions. EPA needs this information to document the legitimate activities of sample generators or collectors and to track these wastes to ensure their proper handling and management. Section 261.4(e)(3) contains

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# provisions for generators and collectors to increase the sample quantity limits or receive a time extension. EP A needs to collect this information to ensure that an increase or extension is warranted. Section 261.4(f) requires testing facilities conducting treatability studies to comply

with a number of informational requirement provisions. EPA needs the information in sections 261.1 (e) and (f) to document that only the legitimate users of treatability samples obtain relief from comprehensive hazardous waste regulation. By requiring treatability

study sample generators, collectors, and testing facilities to comply with alternate provisions, EPA promotes the development and research of new, less expensive, and more environmentally benign treatment technologies. These new technologies, in turn, will aid in the reduction of environmental contamination and saf

eguard human health and the environment. Section 261.4(h) requires any generator who claims that a CO 2 

# stream is excluded under this section to post on company website and keep on site a signed certification statement worded as specified. Section 261.3 9(a)(2) requires generators of used CRTs destined for recycling to label or mark clearl y each container in which used, broken CRTs are contained with one of the following phrases: “Used cathode ray tube(s)

- contains leaded glass” or “Used cathode ray tube (s)

- contains leaded glass from televisions or computers.” Generators also must label each container with the words: “Do not mix with other glass materials.” Section 261.39(a)(5) requires exporters of used, broken CRTs to provide written notification to EPA of an intended export before the CRTs are scheduled to leave the U.S. Upon request b y EPA, the exporter must furnish to EPA any additional information that a receiving country requests in order to respond to a notification. Exporters must keep copie s of notifications and consents for a period of three ye ars following receipt of the consent. In addition, section 261.40 requires exporters of used, intact CRTs destined for recycling to meet the conditions of section 261.39(a)(5). Because CRTs are sometimes exported to more than one recycler in the receiving country, EPA revised the requirement for information that an exporter must provide on the export notification under section 261.39(a)(5) to include more than the name and address of the recycler and any

alternate recycler. The revised requirements state that the exporter must provide name and address of the recycler or recyclers and the estimated quantity of CRTs to be sent to each facility, as well as the names of any alternate recyclers. Section 26 1.39(a)(5)(x) requires exporters of used, broken CRTs to file with EPA, no later than March 1 of each year, a report summarizing the quantities (in kilograms), frequency of shipment, and ultimate destination(s) of all CRTs exported during the previous calendar year. Section 261.41 requires exporters of used, intact CRTs for reuse to send a one

- time notification to EPA. In addition, they must keep copies of normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused. This documentation must be retained for a period of at least three ye ars from the date the CRTs were exported. To require exporters to submit more complete information about the purported reuse

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# of the exported CRTs over a specific period of time, EPA revised the export notification requirement b y adding items to the reuse notification that are modeled on those required in the notification for CRTs exported for recycling. This notification, under section 261.41(a), may cover export activities extending over a 12 month or lesser period. Section 261.41(b) requires CRT exporters of used CRTs for reuse to keep copies of normal business records, such as contracts, demonstrating that each shipment of exported CRT will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported. If the documents are written in a language other than English, CRT exporters of used CRTs for reuse must also provide a third

-party translation of the normal business records into English upon request by EPA. **HAZARDOUS WASTE LISTING EXEMPTIONS** Section 261.31(b)(2)(ii) requires generators and treatment, storage and disposal facilities to prove that their sludges are exempt from listing as F037 and F038 wastes. These p ersons must maintain in their operating or other on

- site records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actuall y generated in the aggressive biological treatment unit. EPA needs this information to document these legitimate activities and to ensure proper handling and management. Section 261.32(d) establishes the procedures f or demonstrating that organic dyes and/or pigment production nonwastewaters are not K181. Section 261.32(d)(1) allows generators that have knowledge that their waste contains none of the K181 constituents identified in section 261.32(c) can use their knowl edge to determine that their waste is not K181. Generators must keep documentation supporting this annual determination on site for three years. Section 261.32(d)(2) allows generators to use knowledge of their wastes to conclude that mass loadings for the K181 constituents are below the listing levels, if the total annual generation quantity of organic dyes and/or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators must document that the annual quantity of nonwastewaters expected to be generated is 1,000 metric tons or less, track the actual quantity of nonwastewaters generated over the course of the calendar ye ar, keep a running total of the K181 constituent mass loadings over the course of the calendar ye ar, and keep specified records on site for three ye ars. Section 261.32(d)(3) requires generators with a total annual generation quantity of organic dyes and/or pigments production nonwastewaters greater than 1,000 metric tons to comply with the testing requirements to make a determination that their wastes are not K181. These generators must develop and follow a waste sampling and anal ys is plan (or modify an existing plan) to collect and anal yz e representative waste samples for the K181 constituents reasonabl y expected to be present in the wastes based on knowledge of the wastes. In addition, generators must record the anal ytical results, record the waste quantity represented b y the sampling and anal ys is results, calculate constituent

- specific mas s loadings, keep a running total

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# of the K181 constituent mass loadings over the course of the calendar ye ar, and determine whether the mass of any of the K181 constituents is below the K181 listing levels. Generators must keep specified documentation on site for three years. Section 261.32(d)(4) for the K181 landfill disposal and combustion exemptions requires generators to maintain on site for three ye ars documentation demonstrating that each shipment of waste was received b y a landfill unit subject to or meets the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description. Sections 261.35 (b) and (c) require generators of wood preserving process wastes to clean or replace al l process equipment that may come into contact with chlorophenolic formulations or constituents thereof in order to avoid a F032 hazardous waste listing. EPA needs the generator to prepare and demonstrate compliance with an equipment cleaning or replacement plan in order to validate the claims that the wood preserving process wastes equipment has been cleaned or replaced in a manner that precludes it from being listed as a F032 waste. Under 40 CFR 261.31(b)(4)(ii), the generator of wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process must maintain on site for a minimum of three years documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing (i.e., ensure that shipments of such waste are placed in landfill units that are subject to certain liner design criteria). This recordkeeping requirement is needed in order for the generator to demonstrate to the regulatory agencies that each shipment of its waste was sent to an appropriate landfill. **2(b) PRACTICAL UTILITY AND USERS OF THE DATA**  **RULEMAKING PETITIONS** EPA u ses the general informational requirements required under section 260.20 to obtain basic information on petitioners and on each petitioner's interest in the proposed rulemaking petition. EPA uses petitions for equivalent testing or anal ytical methods to determine that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility . EPA uses delisting petitions to evaluate whether a waste meets the hazardous waste criteria. **SOLID WASTE AND B OILER VARIANCE REQUIREMENTS**  EPA uses the information contained in requests for variances from classification as a solid waste to substantiate that these materials actually are recycled and are not accumulated to evade hazardous waste regulations. EPA uses the information contained in requests for variances from classification as a boiler to ascertain the compatibility of the proposed device to classification as a boiler.

## 11



# HAZARDOUS WASTE EXCLUSIONS EPA uses the various information required under sections 261.3, 261.4, 261.39 and 261.41 to ensure that hazardous waste exclusions and exemptions are granted only under certain protective conditions. **HAZARDOUS WASTE LISTING EXEMPTIONS** EPA uses the information maintained under sections 261.31(b)(2)(ii ), 261.31(b)(4)(ii), 261.32(d) and 261.35(b) and (c) to substantiate and confirm the proper handling and management of these materials according to prescribed conditions. **3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION**  **CRITERIA 3(a)**  **NONDUPLICATI ON**  None of the information required b y the regulations covered in this ICR is available from any source but the respondents. None of the regulations are duplicative of any other EPA regulations. **3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSIONS TO**  **OMB** In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency issued a notice in the Federal Register on March 13 , 201 5 , soliciting public comments on the accuracy of the burden estimates in this supporting statement ( 80 FR 1337 2 ). No comments were received. ( **Correction**

**–** The Agency mistakenly identified the EPA ICR number for the “ Identification, Listing and Rulemaking Petitions (Renewal)” ICR to be 1189.25 in the Federal register on March 13, 2015 and has now replaced it by 1189.26 , this ICR. ) **3(c) CONSULTATIONS**  The regulations covered by this ICR were promulgated using proper rulemaking procedures. In updating this ICR, EPA spoke with Agency staff in Headquarters and the Regions , State representatives, and industry representatives
. The ir feedback is reflected in this ICR. EPA’s Burden Estimate Methodology , which is attached to this Supporting Statement, provides information on the consultations. The following m embers of the States and regulated community were contacted :

– Bill Gidley, Nebraska Department of Environmental Quality (402

- 471
- 4495)

– Thomas Mellott , Pennsylvania Department of Environmental Protection (717

- 783
- 3390)

– Mark Dennen (401

- 222
- 2797 ext. 7112) and Yan Li (401

- 222
- 2797 ext. 7529), Rhode Island Department of Environmental Management

– Ed Hammerberg, Maryland Department of the Environment (410

- 537
- 3356)

## 12



# – Candice Callahan, IBM Burlington, Vermont (802

- 769
- 0579)

– Tom Noble, John Deere Des Moines Works, Iowa (515

- 289
- 3445) **3(d) EFFECTS OF LESS**  **FREQUENT COLLECTION** EPA has carefull y considered the burden imposed upon the regulated community by these regulations. EPA is confident that those activities required of respondents are necessary, and to the extent possible, has attempted to minimize the burden imposed. EPA believes strongly that if the minimum requirements specified under the regulations are not met, EPA cannot ensure that hazardous wastes are properl y managed and do not pose a serious threat to human health and the environment. **3(e) G** **ENERAL GUIDELINES** This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, OMB’s Information Collection Review Handbook, and other applicable OMB guidance. **3(f) CONFIDENTIALITY**  Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the 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 regulations. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privacy Act of 1974 and OMB Circular 108. **3(g) SENSITIVE QUESTIONS**  No questions of a sensitive nature are included in any of the information collection requirements. **4. THE RESPONDENTS AND THE INFORMATION REQUESTED**  **4(a) RESPONDENTS AND NAICS CODES**  Table 1 presents a list of the North American Industry Classification S ys tem (NAICS) codes associated with the industries and facilities most likely to be affected by

the information collection requirements covered under this ICR.

## 13 

# Table 1 **List of NAICS Codes Description**  **NAICS Code From ICR# 1189.14** 

**– the 2004 “Base” ICR:**  Lumber and Wood Products Manufacturing 321 Chemical Manufacturing 325 Petroleum and Coal Products Manufacturing 324 Plastics and Rubber Product Manufacturing 326 Primary Metal Industries 331 Fabricated Metal Products 332 Industrial and Commercial Machinery and Computer Equipment 333 334 Computer Equipment 334 Transportation Equipment 336 Business Services 541 Educational Services 611 Scientific Research and Development Services 5417 Environmental Services 924 Nonclassifiable Establishments N/A Fertilizer Manufacturing 32532 Zinc Sulfide Manufacturing 32531 Iron and Steel Mills 331111 Zinc Refining, Primary 331419 Zinc Dust Reclaiming 331492 Hazardous Waste Collection 562112 **From ICR# 1189.15** 

**– Hazardous Waste**  **Listing for Organic Dyes and Pigments Production Wastes:**  Flavoring Extracts and Flavoring S yrups Manufacturing 311930 Food Preparations Manufacturing 311942 Industrial Gases Manufacturing 32512 Industrial Inorganic Chemicals Manufacturing 32518, 331311 Biological Products Manufacturing (Except Diagnostic Substances) 325414 Sy nthetic Organic Dyes and Pigments Manufacturing 32511, 325132, 325192 Industrial Organic Chemicals Manufacturing 325199

## 14 

# Pesticides and Agricultural Chemicals Manufacturing 32532 Solid Waste Landfills and Disposal Sites, Nonhazardous 562212 Chemicals and Allied Products (Wholesale trade) 42269 **From ICR# 1189.16 and 2455.01** 

**– Recycling of Used CRTs:**  Agricultural crop production 111 Agricultural livestock production 112 Agricultural services 115, 311, 541, 561, 812 Forestry 111, 113, 115 Fishing, hunting, trapping 111, 112, 114 **MINING MINING**  Metal mining 212, 213 Coal mining 212, 213 Oil & gas extraction 211, 213 Non
- metallic minerals, except fuels 212, 213 **CONSTRUCTION CONSTRUCTION**  General contractors 233
- 235 Heavy construction 233
- 235 Special trade contractors 233
- 235 **MANUFACTURING MANUFACTURING**  Food & kindred products 111, 311, 312 Tobacco products 312 Textile mill products 313
- 315 Apparel & other textile products 313
- 315, 336, 339 Lumber & wood products 113, 321, 333 Furniture & fixtures 336, 337, 339 Paper & allied products 322, 326 Printing & publishing 323, 511, 512 Chemicals & allied products 211, 311, 325, 331 Petroleum and coal products 324 Rubber & miscellaneous plastics products 316, 325, 326, 337, 339 Leather & leather products 315, 316, 321 Stone, clay , and glass products 212, 327 Primary metal industries 331 Fabricated metal products 332, 337, 339 Industrial machinery

& equipment 331
- 335, 339 Electronic & other electronic equipment 332
- 336, 512 Transportation equipment 332, 333, 336, 488, 541, 811

## 15 

# Instrument & related products 322, 325, 333, 334, 339 Miscellaneous manufacturing 325, 336, 339, 488 **TRANSPORTATION TRANSPORTATION**  Local & inter

-urban passenger transit 485, 487 Trucking & warehousing 493, 484, 488, 492, 531 U.S. postal service 491 Water transportation 483, 487, 488, 532 Transportation b y air 481, 488, 492, 561, 621 Pipelines, except natural gases 486 Transportation services 488, 532, 561, 722 Communication 513 Electronic, gas, & sanitary services 221, 488, 562 **WHOLESALE TRADE WHOLESALE TRADE**  Wholesale trade

- durable goods 421, 441
- 444, 446, 453 Wholesale trade

- nondurable goods 312, 313, 422, 444, 451, 454 Bldg. materials & garden supplies 444, 453 **RETAIL TRADE RETAIL TRADE**  General merchandise store 452 Food stores 311, 445, 447, 722 Auto dealers & service station 441, 447, 452 Apparel & accessory stores 315, 448 Furniture & home furnishing stores 337, 442, 451 Eating & drinking places 722 Miscellaneous retail 339, 443, 445, 446, 448, 451, 453, 454, 522, 722 **FINANCE, INSURANCE, AND REAL ESTATE FINANCE, INSURANCE,**  **AND REAL ESTATE** Depository institution 521, 522 Nondepository

institution 522, 523 Security & commodity brokers 523, 525, 533, 551, 813 Insurance carriers 523
- 525 Insurance agents, brokers, & services 523
- 525 Real estate 233, 531, 711, 812 Holding & other investment offices 523, 525, 533, 551, 813 **SERVICES SERVICES**  Hotels & other lodging places 721 Personal services 512, 532, 561, 611, 811, 812

## 16 

# Business services 234, 313, 314, 323, 325, 334, 421, 443, 491, 511, 512, 514, 522, 532, 541, 561, 562, 711, 811, 812 Auto repair, services, & parking 326, 488, 532, 811, 812 Misc. repair services 115, 235, 335, 442, 443, 451, 488, 561, 562, 711, 811 Motion picture 334, 421, 512, 514, 532, 541, 561, 711 Amusement & recreation services 487, 532, 561, 611, 711, 712, 713 Health services 339, 541, 621 Legal services 541 Educational services 514, 611 Social services 623, 624, 813, 922 Museums, botanical, zoological gardens 712 Membership organization 561, 813, 912 Engineering & management service 233, 234, 541, 561, 611 Private household services 81 Services 512, 541, 711 **From ICR# 1189.17**

**– Revised Headworks Exclusion:**  Agricultural production

– livestock 112 Food & kindred products 311 Textile mill products 313 Lumber & wood products 321 Furniture & fixtures 337 Paper & allied products 322 Chemicals & allied products 325 Petroleum & coal products 324 Rubber & miscellaneous plastics products 326 Leather & leather products 316 Stove, clay , glass & concrete products 327 Primary metal industries 331 Fabricated metal products 332 Industrial machinery

& equipment 333 Electrical & electronic equipment 334, 335 Transportation equipment 336 Instruments & related products 3333, 3345 Motor freight transportation & warehousing 493 Airports, flying fields, & airport terminal services 48819, 56172

## 17 

# Transportation services nec 488999 Electric, gas, & sanitary

services 221 Wholesale trade

- durable goods 421 Wholesale trade

- nondurable goods 422 Miscellaneous retail 453998 Dry
- cleaning & industrial laundry services 8123 Business services 514, 532, 541, 561 Health services 621, 622, 623 Engineering & management services 712 Executive, legislative & general government 921 Environmental quality

& housing 924, 925 National security & international affairs 928 **From ICR# 1189.21** 

**– F019 Listing Amendment**  **- Final Rule:**  Automobile Manufacturing 336111 Li ght Trucks & Utility

Vehicle Manufacturing 336112 **From ICR# 2127**  **. 03** 

**– Exclusion for Solvent Contaminated**  **W ipes** 

**– Fi**  **nal Rule:**  Printing 323 Publishing (printed matter) 511 Business Services (cop y shops) 561 Chemical and Allied Products 211, 325, 331 Plastics and Rubber 313, 315, 325, 326, 337, 339 Fabricated Metal products 332, 339 Industrial Machinery

and Equipment 314, 332, 333, 336 Furniture and Fixtures 337 Auto Dealers (retail trade) 441 Military Bases 928 Electronics and Computers 334 Transportation Equipment 332, 336, 488, 541, 811 Auto Repair and maintenance 811 **From ICR# 2421.04** 

**– Exclusion for CO**  **2** 

# - **Final Rule:** Crude Petroleum and Natural Gas Extraction 211111 Utilities 22 Manufacturing 31
- 331 Transportation 48
- 49 Administrative and support and Waste Management and Remediation Services 56 Public Administration 92

## 18



# 4(b) **INFORMATION REQUESTED READING AND**  **UNDERSTANDING THE REGULATIONS FOR IDENTIFICATION, LISTING, AND RULEMAKING PETITIONS**  (i) Data items : The petitioner must read and understand all of the regulations that pertain to the identification, listing, and rulemaking petitions. (ii) Respondent activities :

· The respondent must read and understand the appropriate regulations for identification, listing, and rulemaking petitions. **RULEMAKING PETITIONS General Requirements**  (i) Data items : Section 260.20(b) requires petitioners seeking to modify or revoke any

provision in 40 CFR Parts 260
- 265 and 266 to submit the following general information:

· The petitioner's name and address;

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

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

language; and

· A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information. (ii) Respondent activities : All rulemaking petitioners need to undertake the following activities to comply with the general requirements detailed in section 260.20(b):

· Gather information and prepare a statement about the petitioner's interest in and a description of the proposed action; and

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

## 19



# Equivalent Methods Petitions (i) Data items : Section 260.21 requires petitioners for equivalent testing or anal ytical methods to demonstrate to the satisfaction of the Administrator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility
. Specificall y, a petitioner must submit the following data items:

· A full descripti on of the proposed method, including all procedural steps and equipment used in the method;

· A description of the types of wastes or waste matrices for which the proposed method may

be used;

· Comparative results obtained from using the proposed metho d with those obtained from using the relevant or corresponding methods prescribed in 40 CFR Parts 261, 264, and 265;

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

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

· Any

additional information that the Administrator reasonabl y may require to evaluate the petition. (ii) Respondent activities : In order to compl y with the requirements for petitions for equivalent testing or anal ytical methods, petitioners are required to perform the following activities:

· Describe the proposed method;

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

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

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

## 20



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

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

· Provide any additional information requested b y the Administrator. These petitioners also must comply with the general requirements for rulemaking petitions in section 260.20. **Delisting Petitions** (i) Data items : Section 260.22 requires petitioners seeking to amend 40 CFR Part 261 to exclude a waste produced at a particular facility to demonstrate that the waste does not meet any of the criteria under which it was listed as a hazardous or an acutely hazardous waste. The petition also must demonstrate to the Administrator that the waste should not be listed for any other factor. Finall y, the petition must demonstrate that the waste does not meet the characteristic hazardous criteria in Subpart C of Part 261. Specificall y, the petitioner must submit the following items:

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

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

· The dates of sampling and testing;

· The location of the generating facility ;

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

· An assessment of whether the manufacturing processes, operations, or feed materials can or might produce a waste that is not covered b y the demonstration;

· A description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered b y the demonstration;

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

## 21



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

· A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, and preservation of the samples;

· A description of the tests performed and their results;

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

· A signed certification by the petitioner; and

· Any

additional information the Administrator reasonably may require to evaluate the petition. (ii) Respondent activities : In order to compl y with the requirements for petitions to delist a waste produced at a specific facility, petitioners are required to perform the following activities:

· Provide general information on the laboratory conducting the tests;

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

· Provide the dates of sampling and testing;

· Provide information on the location of the facility;

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

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

· Describe the waste;

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

· Provide pertinent data on and discuss ion of the factors delineated in the respective criterion for listing hazardous waste, where the demonstration is based on the factors in §261.11(a)(3);

## 22



# · Describe the methodologies and equipment used to obtain the representative samples;

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

· Describe the tests performed and their results;

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

· Certify

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

· Provide any additional information required b y the Administrator. Petitioners also must comply with the general requirements for rulemaking petitions in section 260.20. **SOLID WASTE AND BOILER VARIANCE REQUIREMENTS Variances from Classification as a Solid Waste**  (i) Data items : Section 260.33 requires persons that request variances from classification as a solid waste to address the relevant criteria contained in section 260.31. Section 260.31 contains criteria for variances from classification as a solid waste for the following three types of recycled materials:

· Materials that are collected speculativel y without sufficient amounts being recycled;

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

· Materials which have been reclaimed, but must be reclaimed further before the materials are completel y recovered. The in formational requirements for each of the three types of recycled materials are discussed in turn. Section 260.31(a) details requirements for persons that request a variance from classification as a solid waste certain materials that are accumulated speculatively without sufficient amounts being recycled or transferred for recycling in the following year. The person requesting a variance must submit the following information:

## 23



# · The manner in which the material is expected to be recycled, when the materi al is expected to be recycled, and whether this expected disposition is likely to occur;

· The reason that the petitioner has accumulated for one or more ye ars without recycling 75 percent of the volume accumulated at the beginning of the ye ar;

· The quantity

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

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

· Any

additional relevant information. Section 260.31(b) details requirements for persons that request a variance from classification as a solid waste those materials that are reclaimed and then reused as feedstock within the original primary production processes in which the materials were gen erated, if the reclamation operation is an essential part of the production process. The person that requests the variance must submit the following information:

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

· Provide information on the prevalence of the industry

- wide practice;

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

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

· A description of the location of the reclamation operation in relation to the production process;

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

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

· Any

additional relevant information. Section 260.31(c) details requirements for persons that request a variance from classification as a solid waste those materials that have been reclaimed but must be reclaimed

## 24



# further before recovery

is completed if, after initial reclamation, the resulting material is commodity

- like. The resulting material may be commodity

- like even though it is not yet a commercial product, and has to be reclaimed further . The person that requests this variance must submit the following information:

· A description of the degree of processing the material has undergone and the degree of further processing that is required;

· In formation on the value of the material after it has been reclaimed;

· A description of the degree to which the reclaimed material is like an analogous raw material;

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

· A description of the extent to which the reclaimed material is handled to minimize loss; and

· Any

additional relevant information. (ii) Respondent activities : In order to compl y with the requirements for variances from classification as a solid waste those materials that are accumulated speculatively, as defined in section 260.31(a), persons that request a variance must perform the following activities:

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

to occur;

· Provide information on the reason that the petitioner has accumulated for one or more years without recycling 75 percent of the volume accumulated at the beginning of the ye ar;

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

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

· Provide any additional relevant information.

## 25



# In order to compl y with the requirements for variances from classification as a solid waste those materials that are reclaimed and then reused as feedstock, as defined in section 260.31(b), persons that request a variance must perform the following activities:

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

· Describe the industry

- wide prevalence of the practice;

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

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

· Describe the location of the reclamation operation in relation to the production process;

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

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

· Provide any additional relevant information. In order to compl y with the requirements for variances from classification as a solid waste those materials that have been reclaimed but must be reclaimed further, as defined in section 260.31(c), persons that request a variance must perform the following activities:

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

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

· Describe the degree to which the reclaimed material is like an analogous raw material;

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

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

## 26



# · Provide any additional relevant information. **Variances from Classification as a Boiler**  (i) Data items : Section 260.33 requires persons that request to classify as a boiler certain enclosed devices using controlled flame combustion (even though these devices do not meet the definition of boiler as defined in §260.10) to address the relevant criteria in section 260.32. Section 260.32 lists the following informational requirements:

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

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

· A description of the efficiency of energy

recovery , calculated in terms of the recovered energy

comp ared with the thermal value of fuel;

· A description of the extent to which exported energy is utilized;

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

· Any

additional relevant information. (ii) Respondent activities : In order to compl y with the requirements for variances to be classified as a boiler, persons that request this variance must perform the following activities:

· Describe the extent to which the unit has provisions for recovering and exporting thermal energy

in the form of steam, heated fluids, or heated gases;

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

· Describe the efficiency of energy

recovery , calculated in terms of the recovered energy compared with the thermal value of fuel;

· Describe the extent to which exported energy is utilized;

## 27



# · Describe the extent to which the device is in common and customary use as a 'boiler' functioning primarily to produce steam, heated fluids, or heated gases; and

· Provide any additional relevant information. **HAZARDOUS WASTE EXCLUSIONS** Sections 261.3 and 261.4 set forth provisions for petitioning EPA (or the implementing agency) for a hazardous waste exclusion or other exemption for certain typ es of waste. The information collection requirements associated with these provisions are discussed in turn below. **Wastewater Exemption** (i) Data items : Under section 261.3(a)(2)(iv), a generator may obtain a hazardous waste exemption for certain mixtures of hazardous and solid wastes if the generator can demonstrate that the mixture consists of wastewater whose discharge is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater). (ii) Respondent activities :

· Demonstrate the wastewater exclusion. **Revisions to the Headworks Exclusion**  **A. Direct Monitoring: Sampling and Analysis Plan** Under 261.3(a)(2)(iv), facilities choosing direct monitoring must develop and follow a sampling and anal ys is plan that meets the weekl y average standards set for the appropriate waste s. The sampling and anal ys is plan must include: (i) Data Items :

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

· The sampling frequency and methodology

· List of chemical constituents in wastewater to be monitored. (ii) Respondent Activities :

· Facilities must submit a copy of the sampling plan to the appropriate regulatory authority
.

## 28



# · Prior to commencement of direct monitoring, the facility must confirm that the plan has been received by the overseeing agency

(e.g., b y certified mail return receipt).

· Upon confirmation that the plan has been delivered successfull y, the facility will be allowed to commence direct monitoring to demonstrate compliance.

· Facilities will be required to keep a cop y of their sampling plan on - site.

· EPA is not requiring any other formal notification to the agency, unless a change in the facility ’s operations mandates a change in its monitoring. **B. Facilities Claiming Expanded de minimis**  **Exemption** Additionally, for all manufacturing f acilities claiming a de minimis loss of F

- or K
- listed wastes or non - manufacturing facilities claiming a de minimis loss of wastes listed in 261.31 through 261.33, the CWA permit application (or for indirect dischargers to POTWs, the submission to their pretreatment control authority) must list the Appendix VII hazardous constituents and the LDR constituents associated with the listed wastes. In addition, facilities will be required to keep a copy of the CWA permit application or POTW submission on site. (i) Data Items :

· For facilities choosing to conduct direct monitoring, a sampling and anal ys is plan that includes the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored.

· For m anufacturing facilities claiming a de minimis loss of F

- or K
- listed wastes or non - manufacturing facilities claiming a de minimis loss of wastes listed in 261.31 through 261.33, the CWA permit application or the submission to a pretreatment control authority

must list the Appendix VII hazardous constituents and the LDR constituents associated with each listed waste. **Nonwastewater Exemption** (i) Data items : Under section 261.3(c)(2)(ii)(C), a facility may obtain a hazardous waste exclusion for certain nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste in rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces. To obtain this exemption, a one

- time notification and certification must be placed in the facility's files and sent to EPA or authorized State. The notification must state that

## 29



# the K061, K062, or F006 HTMR residues meet the generic exclusion levels for all constituents and do not exhibit any

hazardous waste characteristics. (ii) Respondent activities :

· Prepare and submit a one

- time notification and certification for the K061, K062, or F006 HTMR residue; and

· Maintain the notification and certification in facility files. **Exclusion for Spent Wood Preserving Solutions and Wastewaters from Wood Preserving Processes**  40 CFR 261.4(a)(9)(iii) requires that facilities generating and recovering wood preserving wastewaters and spent wood preserving solutions provide EPA (or the authorized State) with a one - time notification which certifies that the plant meets all the conditions under section 261.4(a)(9)(iii) and provides the date on which the plant operator certifies that the exclusion will go into effect. (i) Data items :

· A notification which certifies that the recycling activities will meet the conditions set forth in section 261.4(a)(9)(iii); and

· A notification of violation and reinstatement. (ii) Respondent activities : Facilities seeking an exemption under section 261.4(a)(9)(iii) must:

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

· Update the notification to inform EPA of a violation of a condition and apply for reinstatement, if needed. **Exclusion for Secondary Materials from the Mineral Processing Industry** 40 CFR 261.4(a)(17)(iv) provides that the Regional Administrator or the State Director may make a site

- specific determination, after public review and comment, that only solid mineral processing secondary

materials may

be placed on pads, rather than in tanks, containers, or buildings. The decision

- maker must affirm that pads are designed, constructed, and operated to prevent significant releases of the s econdary materials into the environment. The pads must provide the same degree of containment afforded by the non

- RCRA tanks, containers and buildings eligible for exclusion.

## 30



# 40 CFR 261.4(a)(17)(v) provides that facilities generating and recovering mineral processing secondary

materials must provide EPA (or an authorized State) with a one

- time notification which describes:

· The mineral processing materials to be recycled;

· The ty

pe and location of storage units and recycling process; and

· The annual quantities expected to be placed in non land

-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process. (i) Data items :

· An application for a site

- specific determination.

· A notification describing the mineral processing materials to be recycled; ty pe and location of storage units and recycling process; and annual quantities expected to be placed in non land

-based units. (ii) Respondent activities : Facilities generating and recovering mineral processing secondary materials must:

· Prepare and submit application for a determination;

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

· Update notification, if needed. **Exclusion for Hazardous Waste Secondary Materials Incorporated into Zinc**  **Fertilizers A. Notification for Generators and Intermediate Handlers**  40 CFR 261.4(a)(20)(ii)(A) requires generators and intermediate handlers of zinc

-bearing hazardous waste secondary materials that are to be incorporated into zinc fertilizers to submit a one - time notification to the Regional Administrator or State Director. (i) Data Items : The one

- time notification must include the following information:

· Name, address and EPA ID number of the generator facility; and

## 31



# · When the facility

intends to begin managing hazardous secondary materials in accordance with the conditions in the rule. (ii) Respondent Activity :

· Complete and submit the one

- time notification. **B. Record of Shipments for Generators and Intermediate Handlers**  40 CFR 261.4(a)(20)(ii)(C) requires secondary materials generators and intermediate handlers to keep records of shipments of excluded hazardous secondary materials for no less than three ye ars. (i) Data Items : The shipping records must at a minimum contain the following information:

· Name of the transporter and date of the shipment;

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

· Ty pe and quantity of excluded secondary material in each shipment. (ii) Respondent Activity :

· Keep the following records of shipping activities:

- Name of the transporter and date of the shipment;

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

- Ty

pe and quantity of excluded secondary material in each shipment. **C. Notification for Manufacturers** 40 CFR 261.4(a)(20)(iii)(B) requires manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to submit a one

- time notification to the Regional Administrator. (i) Data Items : The one

- time notification must include the following information:

## 32



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

· When the facility

intends to begin managing hazardous secondary materials in accordance with the conditions in the rule. (ii) Respondent Activity :

· Complete and submit the one

- time notification. **D. Record of Shipments for Manufac turers**  Under proposed 40 CFR 261.4(a)(20)(iii)(C), manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must maintain for a minimum of three years records of all shipments of excluded secondary materials received b y the manufacturers. (i) Data Items : The shipping records would at a minimum contain the following information:

· Name and address of the generating facility ;

· Name of transporter and date the materials were received;

· Quantity

received; and

· Brief description of the industrial process that generated the waste. (ii) Respondent Activity :

· Keep the following records:

- Name and address of the generating facility ;

- Name of transporter and date the materials were received;

- Record of the quantity received; and

- Brief description of the industrial process that generated the waste.

## 33



# E. Annual Report for Manufacturers Under 40 CFR 261.4(a)(20)(iii)(D), manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must submit to the Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizer or zinc fertilizer ingredients in the previous year. (i) Data Items : The annual report must include the following:

· Record of the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizer or zinc fertilizer ingredients in the previous year;

· Name and address of each generating facility ; and

· The industrial process(es) from which the materials were generated. (ii) Respondent Activity :

· Complete and submit the annual report. **F. Product Sampling and Analysis for Manufacturers**  Under 40 CFR 261.4(a)(21)(ii), the manufacturer must perform sampling and anal ys is of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months and for dioxins no le ss than every twelve months. The manufacturer may use any reliable anal ytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and anal ys is are unbiased, precise, and representative of the product(s) that is introduced into commerce. The recordkeeping requirements for product sampling and anal ys is are listed in 40 CFR 261.4(a)(21)(iii) and require the manufact urer to maintain specified sampling/anal ys is records for no less than three years. (i) Data Items : The records of sampling/anal ys is must include the following:

· The dates and times product samples were taken , and the dates the samples were anal yz ed ;

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

· A description of the methods and equipment used to take the samples;

## 34



# · The name and address of the laboratory facility at which anal ys es of the samples were performed;

· A description of the analy tical methods used, including any cleanup and sample preparation methods; and

· All laboratory

analy tical results used to determine compliance with the contaminant limits specified in this paragraph. (ii) Respondent Activities :

· Sample and anal yz e the product as specified; and

· Keep records of all sampling and anal ys es for three years. **Exemption for Chromium -**  **Containing Waste** (i) Data items : Under section 261.4(b)(6), a generator of waste that fails the test for Toxicity Characteristic because of the presence of chromium may obtain a hazardous waste exclusion if the generator can demonstrate that:

· The chromium in the waste is exclusively (or nearly

exclusively) trivalent chromium;

· The waste is generated from an industrial process that uses trivalent chromium exclusively

(or nearl y exclusively), and the process does not generate hexavalent chromium; and

· The waste is typicall y and frequentl y managed in non

- oxidizing environments. (ii) Respondent activities :

· The generator must demonstrate the chromium

- containing waste meets the hazardous waste exclusion. **Exemption for Samples** (i) Data items : Handlers of samples used for the sole purpose of testing characteristics or composition under 40 CFR 261.4(d) are not subject to 40 CFR Parts 262 through 268 and Part 270 when specified activities occur. These include samples being transported to a laboratory for the

## 35



# purpose of testing, a sample being transported back to the sample collector after testing, a sample being stored b y the sample collector before transport to a laboratory for testing, a sample being stored in the laboratory

before testing, a sample being stored in the laboratory after testing but before it is returned to the sample collector, or a sample being stored temporaril y in the laboratory

after testing for a specific purpose. Samples that are not already covered b y DOT or USPS shipping requirements must be accompanied by the following information, as specified in section 261.4(d)(2)( ii)(A):

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

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

· The quantity

of the sample;

· The date of shipment; and

· A description of the sample. (ii) Respondent activities :

· Maintain information on the sample and collector that shows that the sample collectors and laboratories are compl ying with applicable shipping requirements. **Exemptions for Treatability Study Samples** (i) Data items : Persons who generate or collect samples for the purpose of conducting treatability studies, as defined in section 260.10, are exempt from 40 CFR Parts 261, 262, and 263 and the notification requirements of section 3010 of RCRA provided that the sample is being: ( 1) collected and prepared for transportation b y the generator or sample collector; (2) accumulated or stored b y the generator or collector prior to transportation to a laboratory or testing facility; or (3) transported to the laboratory or testing facility for the purpose of conducting a treatability study . To qualify

for this exemption, the sample must meet the quantity limits specified in section 261.4(e)(2). To qualify

for this exemption, the generator or sample collector must collect and maintain the following information for a period of three ye ars after the completion of the treatability study :

· Copies of the shipping documents;

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

· Documentation showing:

## 36



# - The amount of waste shipped under the exemption;

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

- The date the shipment was made; and

- Whether unused samples or residues were returned to the generator. In addition, the generator reports information regarding volumes shipped, laboratory , dates of shipment, and return of samples in its Biennial Report. Persons who generate or collect samples for the purpose of conducting treatability studies also may apply for up to an additional two years for treatability studies involving bioremediation or to increase the quantity limits on treatability

study samples. The limits may be increased for up to an additional 5,000 kg of media contaminated with non - acute hazardous waste, 500 kg of non - acute hazardous waste, 2,500 kg of media contaminated with acute hazardous waste, and 1 kg of acute hazardous waste under certain circumstances (e.g., an equipment or mechanical failure during the conduct of the treatability study or a need to verify

the results of a previously conducted treatability

study). Persons appl ying for time or quantity limit increases under section 261.4(e)(3) must submit the following information to the Regional Administrator:

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

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

· Documentation for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory

or testing facility

to which it was shipped, what treatabi lity

study processes were conducted on each sample shipped, and the available results on each treatability study ;

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

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

· Any

additional information considered necessary by the Administrator.

## 37



# (ii) Respondent activities : In order to compl y with the informational provisions in section 261.4(e), generators or collectors of treatability

study samples must undertake the following activities:

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

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

· If appl ying for a quantity limit increase under §261.4(e)(3), prepare and submit request; and

· If appl ying for an extension of up to two years under §261.4(e)(3) for a treatability

study involving bioremediation, prepare and submit request. **Exemptions for Treatability Study Samples Undergoing Testing**  (i) Data items : Samples undergoing treatability studies and laboratories and testing facilities conducting such treatability studies are not subject to requirements at 40 CFR Parts 124, 261

- 266, 268, and 270, or to the notification requirements of section 3010 of RCRA, provided that conditions detailed in section 261.4(f) are met. These conditions include the following informational requirements:

· Written notification to the Regional Administrator that the facility intends to conduct treata

bility studies (45 days before testing is initiated);

· Records showing compliance with the treatment rate limits and the storage time and quantity

limits, including:

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

- The date the shipment was received;

- The quantity

of the waste accepted;

- The quantity

of ‘ as received ’ waste in storage each day ;

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

## 38



# - The date the treatability study was concluded; and

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

· Copies of the treatability study contract and all associated sample shipping papers;

· An annual report to the Regional Administrator estimating the number of treatability

studies and the amount of waste expected to be used in treatability studies during the current year and information on the past year's activities, including:

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

- The ty

pes of treatability

studies conducted;

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

- The total quantity of waste in storage each day ;

- The quantity

and ty pes of waste subjected to treatability studies each day ;

- The date each treatability study was conducted; and

- The final disposition of residues and unused samples from each treatability study
.
· A letter informing the Regional Administrator that the facility is no longer planning to conduct any treatability studies at the site. (ii) Respondent activities : In order to compl y with requirements for samples undergoing treatability studies at testing facilities detailed in section 261.4(f), testing facility representatives must undertake the following activities:

· Notify

the Regional Administrator that the facility intends to conduct treatability tests (45 days before testing is initiated);

## 39



# · Maintain records for a period of three ye ars after the completion of the treatability study that show compliance with the treatment rate limits, storage time and quantity limits, and contract and shipping paper requirements;

· By

March 15 of each ye ar, prepare and submit an annual report to the Regional Administrator estimating the number of treatability studies and the amount of waste expected to be used in treatability studies during the current year and information on the past year's activities; and

· Prepare and submit a termination letter informing the Regional Administrator that the facility

is no longer planning to conduct any treatability

studies at the site. **Recycling of Cathode Ray Tubes (CRTs) A. Labels**  Under 40 CFR 261.39(a)(2), generators of used, broken CRTs destined for recycling must label or mark clearly each container in which the CRTs are contained. (i) Data items :

· Label or mark with the phrase: “Used cathode ray tube(s)

– contains leaded glass” or “Used cathode ray

tube(s)

- contains leaded glass from televisions or computers.”

· Label or mark with the words: “Do not mix with other glass materials.” (ii) Respondent activity :

· Label or mark clearly each container, as specified. **B. Export Notification for Used CRTs Destined for Recycling** Under 40 CFR 261.39(a)(5), exporters of used, broken CRTs must provide written notification to EPA of an intended export before the CRTs are scheduled to leave the U.S. Upon request b y EPA, the exporter must furnish to EPA any additional information that a receiving country requests in order to respond to a notification. Exporters must keep copies of notifications and consents for a period of three ye ars following receipt of the consent. Under 40 CFR 261.40, exporters of used, intact CRTs destined for recycling must meet the conditions of section 261.39(a)(5). (i) Data items :

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

## 40



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

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

- The estimated total quantity of CRTs sent to each facility specified in kilograms;

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

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

- Name and address of the recycler or recyclers as well as the names of any alternate recyclers ;

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

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

- Signature of the exporter.

· On the front of the envelope used to submit the written notification, the words: “Attention: Notification of Intent to Export.”

· Additional information that a receiving country requests in order to respond to a notification.

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

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

· Notification of receiving/transit country ’s withdrawal of a prior consent to th e receipt of CRTs, if applicable. (ii) Respondent activities :

· Prepare and submit written notification.

## 41



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

· Keep copies of notifications and consents. Under new 40 CFR 261.39(a)(5)(x), exporters must file with EPA no later than March 1 of each ye ar, a report summarizing the quantities (in kilograms), frequency of shipment, and ultimate destination(s) of all CRTs exported during the previous calendar year. Such reports must also include the following:

 The name, EPA ID number (if applicable), and mailing and site address of the exporter;

 The calendar ye ar covered by the report;

 A certi fication signed b y the exporter. **C. Export Notification for Used CRTs Destined for Reuse**  Under 40 CFR 261.41, exporters of used, intact CRTs for reuse must send a one

- time notification to EPA. In addition, they must keep copies of normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused. This documentation must be retained for a period of at least three ye ars from the date the CRTs were exported. (i) Data items :

· Notification that includes the following information:

 Name, mailing address, telephone number and EPA ID number (if applicable) of the exporter of the CRTs.

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

are to be exported.

 The estimated total quantity of CRTs specified in kilograms.

 All points of entry

to and departure from each transit country through which the CRTs will pass, a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there.

## 42



#  A descrip tion of the means by which each shipment of the CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).

 The name and address of the ultimate destination facility or facilities and the estimated quantity of CRTs to be sent to each facility, as well as the name of any alternate destination facility

or facilities.

 A description of the manner in which the CRTs will be reused (including reuse after refurbishment) in the foreign country that will be receiving the CRTs.

 A certi fication signed b y the exporter. (ii) Respondent activities :

· Prepare and submit a one

- time notification.

· Keep copies of normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused. If the documents are written in a language other than English, CRT exporters of used CRTs for reuse must also provide a third

-party translation of the normal business records into English upon request b y EPA. **So lvent** **- Contaminated Reusable Wipes**  **A. Labeling Containers** Under 40 CFR 261.4(a)(26)(i), reusable wipes, when accumulated, stored, managed, and transported, must be contained in non

- leaking, closed containers that are labeled “Excluded Solvent

- Contaminated Wipes.” (i) Data Item : Label with the words “Excluded Solvent

- Contaminated Wipes.” (ii) Respondent Activity : Affix label with the words “Excluded Solvent

- Contaminated Wipes” to each container of reusable wipes. **B. Recordkeeping Requirements** Under 40 CFR 261.4(a)(26)(iv), generators of reusable wipes must maintain at their site specified documentation that they are managing excluded solvent

- contaminated wipes according to 40 CFR 261.4(a)(26).

## 43



# (i) Data Items :

 Name and address of the laundry or dry cleaner that is receiving the solvent

contaminated wipes;

 Documentation that the 180

- day accumulation time limit in 40 CFR 261.4(a)(26)(ii) is being met; and

 Description of the process the generator is using to ensure the solvent

contaminated wipe s contain no free liquids at the point of being laundered or dry

cleaned on

- site or at the point of being transported off

- site for laundering or dry

cleaning. (ii) Respondent Activities :

 Maintain at the site specified documentation that excluded solvent

- contaminated wipes are being managed according to 40 CFR 261.4(a)(26). **Solvent -**  **Contaminated Dispos**  **able Wipes A. Labeling Containers**  Under 40 CFR 261.4(b)(18)(i), disposable wipes, when accumulated, stored, managed, and transported, must be contained in non

- leaking, closed containers that are labeled “Excluded Solvent

- Contaminated Wipes.” (i) Data Item : Label with the words “Excluded Solvent

- Contaminated Wipes.” (ii) Respondent Activity : Affix label with the words “Excluded Solvent

- Contaminated Wipes” to each container of disposable wipes. **B. Recordkeeping Requirements** Under 40 CFR 261.4(b)(18)(iv), generators of disposable wipes must maintain at their site specified documentation that they are managing excluded solvent

- contaminated wip es according to 40 CFR 261.4(b)(18).

## 44



# (i) Data Items :

 Name and address of the landfill or combustor that is receiving the solvent

contaminated wipes;

 Documentation that the 180

- day accumulation time limit in 40 CFR 261.4(b)(18)(ii) is being met; and

 Description of the process the generator is using to ensure the solvent

contaminated wipes contain no free liquids at the point of being transported for disposal. (ii) Respondent Activities :

 Maintain at the site specified documentation that exclude d solvent

- contaminated wipes are being managed according to 40 CFR 261.4(b)(18). **Carbon Dioxide (CO 2**  

# ) Streams in Geological Sequestration Activities The conditional exclusion requires 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 spec ified. 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. (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 ye ars;

## 45



#  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.
**HAZARDOUS WASTE LISTING EXEMPTIONS Hazardous**  **Wastes from Non -**  **Specific Sources** (i) Data items : Section 261.31(b)(2)(ii) requires generators and treatment, storage , and disposal facilities to prove that their sludges are exempt from listing as F037 and F038 wastes by maintaining, in their operating or other on

- site records, the following data items:

· Documents and data sufficient to prove that:

- The unit is an aggressive biological treatment unit; and

- The sludges sought to be exempted from the definitions of F037 and/or F038 were actually

generated in the aggressive biological treatment unit. (ii) Respondent activities : To qualify

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

· Develop data and documents to support the criteria for the exemption; and

· Maintain records on site. **Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement**  (i) Data items : Section 261.35 specifies procedures that wood preserving plants that used chlorophenolic formulations or constituents must follow to minimize or eliminate the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to ground water, surface water, or the atmosphere. These generators must either develop and follow an equipment cleaning plan or an equipment replacement plan containing the following information:

## 46



# · A written equipment cleaning plan that describes the following:

- The equipment to be cleaned;

- How the equipment will be cleaned;

- The solvent to be used in cleaning;

- How the solvent rinses will be tested; and

- How cleaning residues will be disposed.

· A written equipment replacement plan that describes the following:

- The equipment to be replaced;

- How the equipment will be replaced; and

- How the equipment will be disposed. Generators also must keep records documenting the cleaning and replacement as part of the facility's operating record. These records must contain the following information:

· The name and address of the facility ;

· Formulations previousl y used and the date on which their use ceased in each process at the plant;

· Formulations currently used in each process at the plant;

· The equipment cleaning or replacement plan;

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

· The dates on which cleaning or replacement was accomplished;

· The dates of sampling and testing;

· A description of the sample handling and preparation techniques used for extraction, containerization, preservation, and chain

- of
- custody of the samples;

· A description of the tests performed, the date the tests were performed, and the results of the tests;

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

## 47



# · Documentation of QA/QC procedures; and

· A certification statement by an authorized representative stating that all process equipment was cleaned or replaced according to the cleaning or replacement plan. (ii) Respondent activities :

· Prepare an equipment cleaning or replacement plan;

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

· Prepare and maintain a certification by an authorized representative that the cleaning or replacement occurred in accordance with the facility's plan. **Procedures for Demonstrating that Organic Dyes and/or Pigments Production Nonwastewaters Are Not K181**  **A. Determination Based on No K181 Constituents** Under §261.32(d)(1), generators that have knowledge that their waste contains none of the K181 constituents identified in §261.32(c) can use their knowledge to determine that their waste is not K181. Generators must keep documentation supporting this annual determination on site for three ye ars. (i) Data item :

· Documentation supporting the determination that organic dyes and/or pigments production nonwastewater is not K181. (ii) Respondent activities :

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

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

· Keep each annual supporting documentation on site.

## 48



# B. Determination For Generated Quantities of 1,000 MT**/Yr or Less for Wastes That**  **Contain K181 Constituents** Under §261.32(d)(2), generators can use knowledge of their waste to conclude that mass loadings for the K181 constituents are below the listing levels, if the total annual generation quantity of organic dyes and/or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators must document that the annual quantity of nonwastewaters expected to be generated is 1,000 metric tons or less, track the actual qua ntity of nonwastewaters generated over the course of the calendar ye ar (i.e., from January 1 through December 31 of each ye ar), keep a running total of the K181 constituent mass loadings over the course of the calendar ye ar, and keep specified records on s ite for three years, as specified in §§261.32(d)(2)(i) through (iv). (i) Data items :

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

· Quantity

of organic dyes and/or pigments production nonwastewaters generated;

· Relevant process information used; and

· Calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the ye ar. (ii) Respondent activities :

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

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

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

· Keep supporting documentation on site. **C. Determination for Generated Quantities Greater Than 1,000 MT/Yr for Wastes That**  **Contain K181 Constituents** Under §261.32(d)(3), generators with a total annual generation quantity of organic dyes and/or pigments production nonwastewaters greater than 1,000 metric tons are required to comply with the testing requirements to make a determination that their wastes are not K181.

## 49



# These generators must develop a waste sampling and anal ys is plan (or modify an existing plan) to collect and anal yz e representative waste samples for the K181 constituents reasonabl y expected to be present in the wastes based on knowledge of the wastes, as specified in § §261.32(d)(3)(i) through (iii). In collecting and analyzing the waste samples, generators must follow the waste sampling and anal ys is plan (§261.32(d)(3)(iv)). Under §§261.32(d)(3)(v) through (ix), generators must record the anal ytical results, record the waste quantity represented b y the sampling and anal ys is results, calculate constituent

specific mass loadings (i.e., the product of concentrations and waste quantity), keep a running total of the K181 constituent mass loadings over the course of the calendar year, and determine whether the mass of any of the K181 constituents is below the K181 listing levels. In addition, generators must keep specified documentation on site for three years, a s specified in §261.32(d)(3)(x). Pursuant to §261.32(d)(3)(xi), nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous. The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. Generators then can use knowledge of the wastes to support subsequent annual determinations. If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantl y altered, resulting in an increase of the potential for the wastes to exceed the listing levels. If testing is reinstated, a description of the process change must be retained. (i) Data items :

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

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

- A discussion of the number of samples needed to characterize the wastes f ully ;

- The planned sample collection method to obtain representative waste samples;

- A discussion of how the sampling plan accounts for potential temporal and spatial variability

of the wastes; and

## 50



# - A detailed description of the test methods to be used, including sample preparation, clean

-up (if necessary), and determinative methods;

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

· Quantity

of organic dyes and/or pigments production nonwastewaters generated; and

· Calculations performed to determine annual mass loadings for each K181 constituent in the nonwastewaters.

· If the annual testing requirements are suspended after three successful demonstrations that the waste are nonhazardous, records of the process knowledge inform ation used to support a nonhazardous determination.

· If the manufacturing or waste treatment processes generating the wastes are significantl y altered as specified, a description of the process change. (ii) Respondent activities :

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

· Develop waste sampling and anal ys is plan;

· Collect and anal yz e samples in accordance with the waste sampling and analysis plan;

· Record analy

tical results;

· Record the waste quantity represented by

the sampling and anal ys is results;

· Calculate constituent

- specific mass loadings;

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

· Determine whether the mass of any of the K181 constituents is below the K181 listing levels; and

· Keep supporting documentation on site.

· If the annual testing requirements are suspended after three successful demonstrations that the waste s are nonhazardous, the generator can:

## 51



# - Use knowledge of the waste to support subsequent annual determination; and

- Keep records of the process knowledge information used to support a nonhazardous determination.

· If the manufacturing or waste treatment processes generating the wastes are signi ficantl y altered as specified, reinstate annual testing requirements and retain a description of the process change. **D. Recordkeeping Demonstrations for Use of Appropriate Landfills and Combustion Units**  Under the §261.32(d)(4) landfill disposal and combustion exemptions, generators must maintain documentation demonstrating that each shipment of waste was received b y a landfill unit subject to or meets the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description. This documentation must be maintained on site for a period of three years. (i) Data item :

· Documentation demonstrating that each shipment of waste was received b y a landfill unit subject to the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description. (ii) Respondent activity :

· Maintain documentation demonstrating that each shipment of waste was received by a landfill unit subject to the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description. **Ex clusion of Certain**  **W astewater**  **T reatment**  **S ludges**  **Generated from Zinc Phosphating**  **f**

**rom the F019 L**  **isting** Under final 40 CFR 261.31(b)(4)(ii), generators must maintain on site for a minimum of three ye ars documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the condition of the listing. The shipping records would at a minimum contain the following information: · Name and address of the generating facility ; · Brief description of the industrial process that generated the wastes;

## 52



# · Volume of waste generated and disposed of off site; · Date when waste volumes were generated and sent off site;

· Name and address of the receiving facility ; and

· Documentation confirming receipt of the waste by the rece iving facility
. **5. THE INFORMATION COLLECTED** 

**– AGENCY ACTIVITIES, COLLECTION**  **METHODOLOGY, AND INFORMATION MANAGEMENT 5(a)**  **AGENCY ACTIVITIES REVIEW OF RULEMAKING PETITIONS**  EPA follows specific procedures when reviewing all rulemaking petitions. As specified under section 260.22, the Agency will review the information and make a tentative decision, publish its tentative decision in the Federal Register and request written comments, hold a public meeting (if requested b y an interested person or at the discretion of the Administrator), review all comments, and publish its final decision in the Federal Register
. Depending on the complexity of the petition, the Agency

may spend significant time in review. EPA follows specific procedures in reviewing delisting petitions. 5 

# All petitions received are l ogged in, filed, and reviewed. This initial review focuses on completeness of the documentation and representativeness of the analy tical data. EPA may

request additional information if the petition is judge d incomplete. When all needed information is obtained, EPA will review the petition and m ake a tentative determination. A workgroup composed of staff from different offices within EPA reviews these determinations to evaluate the quality and representativeness of the data. When the workgroup's comments, if any, are addressed, the Office of General Coun sel reviews the determination. If the Office of General Counsel concurs, the determination is reviewed by the Assistant Administrator for Solid Waste and Emerg ency Response. The Assistant Administrator's decision is published in the Federal Register , alon g with a request for comments. After public comments are received, the review process is repeated and concludes with the Assistant Administrator's final decision. Specific Agency

activities consist of the following:

· Review petition information;

· Request additional information, if required;

· Enter information into a database;

5 

## See Petitions to Delist Hazardous Wastes: A Guidance Manual , April 1985, EPA/530

- SW
- 85
- 003, U.S. Environmental Protection Agency.

## 53



# · Hold meetings;

· Deliberate;

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

· Review comments and deliberate; and

· Make determination and publish final Federal Register notice. **REVIEW OF SOLID WASTE AND BOILER VARIANCE DEMONSTRATIONS** Agency activities associated with the variances from classification as a solid waste or classification as a boiler include the following:

· Review the demonstrations to verify whether they meet the relevant criteria as detailed in §260.31 for variances from classification as a solid waste and in §260.32 for variances for classification as a boiler;

· Request additional information, if necessary ;

· Deliberate and issue a draft determination;

· Publicize the draft determination by newspaper advertisement and radio broadcast in the local area of the petitioner;

· Hold a public hearing and initiate a 30

- day public comment period; and

· Review comments and make the final decision. **REVIEW OF HAZARDOUS WASTE EXCLUSION PETITIONS** Agency activities associated with information submitted in support of sections 261.3 and 261.4 exclusions include the following:

· File the nonwastewater notifications;

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

· Review applications for site

- specific determinations and keep records of these documents;

· Process hazardous secondary materials generator notification;

## 54



# · Process zinc fertilizer manufacturer notification;

· Process zinc fertilizer manufacturer annual report;

· Review requests for quantity increases for treatability

studies and issue a decision;

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

· File notifications of testing of treatability samples;

· File annual reports on treatability study testing; and

· File termination letters of treatability study testing. **CATHODE RAY TUBES (CRTs) EXCLUSION ACTIVITIES A. Labels**  There are no Agency

activities associated with the labeling requirements under 40 CFR 261.39(a)(2). **B. Export Notification for Used CRTs Destined for Recycling** Agency activities associated with the conditional exclusion for used CRTs exported for recycling include:

· Receive and review notification submitted by an exporter of used CRTs to determine whether or not the notification is complete. A notification is complete when EPA determines that it satisfies the requirements of 40 CFR 261.39(a)(5)(i).

· Solicit, from expo rter, additional information requested by the receiving country.

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

· Forward the receiving/transit country ’s written consent to the receipt of the used CRTs to the exporter.

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

· Keep copies of notifications, consents, and other related documents.

## 55



# C. **Annual Report for CRTs Exported for Recycling** Agency activities associated with the new requirement for submission of an annual report for exporters of CRTs sent for recycling include the following:

· Receive and record the report. **D . Export Notification**  **for Used CRTs Destined for Reuse** Agency activities associated with the conditional exclusion for used CRTs exported for reuse include:

· Receive and review notification submitted by exporter of used CRTs.

· Keep cop y of notification. **REVIEW OF HEADWORKS EXCLUSION DEMONSTRATIONS**  The Agency

will receive, review, and file the sampling and anal ys is plan submitted by claimants who use direct monitoring. There are no other Agency activities under the rule. **REVIEW OF DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION NONWASTEWATERS ARE NOT K181**  There are no Agency

activities associated with the information collection requirements for generators of organic dyes and/or pigments production nonwastewaters. **F019 LISTING EXCLUSION**  **ACTIVITIES OF CERTAIN WASTEWATE**  **R TREATMENT SLUDGES GENERATED FR**  **OM ZINC PHOSPHATING** The Agency does not require waste generators to submit any information for its review and approval under the final rule under 40 CFR 261.31(b) (4)(ii) . The Agency instead requires that the waste generators maintain on site for a minimum of three years documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. Therefore, the Agency activities associated with the final rule relate to ensuring compliance with the recordkeeping requirements. **SOLV ENT**  **- CONTAMINATED WIPES EXCLUSION ACTIVITIES**  There are no Agency

activities associated with the new information collection requirements. **C A** **RBON D** 

**IOXIDE (CO** **2**



# ) EXCLUSION ACTIVITIES EPA may perform the following:

## 56



# · 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 signed certification. **5(b) COLLECTION METHODOLOGY AND MANAGEMENT**  In collecting and anal yz ing the information required under the identification, listing, and rulemaking petition requirements, EPA uses electronic equipment such as personal computers and applica

ble database software, when appropriate. **5(c) SMALL ENTITY FLEXIBILITY**  When promulgating the regulations covered under this ICR, EPA considered the effect of these re gulations on small businesses. The exclusions, delisting petitions, and other paperwork provisions included in Parts 260 and 261 and presented in this ICR are de

- regulatory in nature. They relieve facilities generating or managing certain ty pes of materials or wastes from the RCRA hazardous waste regulations. This can benefit small and large businesses alike by red ucing their regulatory

burden. In addition, EPA conditionally exempts from the hazardous waste regulations sites that generate 100 kilograms or less per month of hazardous waste (section 261.5). EPA expects that a number of these conditionally exempt sites are owned by small entities. **CATHODE RAY TUBES (CRTs) EXCLUSION** In establishing the conditional exclusion for used CRTs, EPA considered the reporting and recordkeeping burden for small businesses. Inaddition, the conditional exclusion is a regulatory

relief initiative that should reduce hour and cost burden for generators and subsequent handlers of excluded CRTs, but should particularly benefit small entities. **HEADWORKS EXCLUSION** EPA believes that the revisions to the Headworks Exclusion rule will not have adverse burden impacts on small entiti es, for the following reasons. First, the rule extends the exemption at 40 CFR 261.3(a)(2)(iv)(A) and (B) to two additional wastes (benzene and 2

- ethoxyethanol), clarifies that the exemption applies to combustor scrubber water, and expands the de minimis exemption to non

- manufacturing sites and de minimis releas es of F
- and K

- listed wastes. In this regard, the rule is de

- regulatory ; both small and large entities could benefit from reduc ed haz ardous waste management costs. Inaddition, the exemptions are non

- mandatory, i.e., entities need not claim the exemption unless it is cost

- effective for them. Finall y, the rule gives claimants added flexibility

in demonstrating their c ompliance with the exemptions. They may continue to

## 57



# use their existing methods (e.g., mass balance) or direct monitoring, whichever is more cost

effective. **DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION NONWASTEWATERS ARE NOT K181**  The rule includes a mass loadings

-based listing for organic dyes and/or pigments production nonwastewaters that allows generators to determine whether their waste is nonhazardous under the listing. Thus, although the final rule adds the K181 wastes to the hazardous waste listings , the rule provides flexibility to both large and small generators to determine whether they

can manage their waste as nonhazardous, as specified. If a small entity’s waste does qualify

as hazardous under the listings, the small entity may be eligible for compl ying with the small quantity

generator standards, which impose fewer paperwork requirements than the standards for large quantity generators. **EXCLUSION OF CERTAIN WASTEWATER TREATMENT**  **SLUDGES GENERATED FROM ZINC PHOSPHATIN**  **G FROM THE F019 LIST ING**  The conditional exclusion is intended to be de

- regulatory and would relieve both small and large waste generators from the RCRA hazardous waste program requirements, as specified. In addition, EPA has kept the paperwork requirements under the conditional exclusion as streamlined and as consistent with standard industry practices as possible, to thereb y minimize the burden on both large and small entities. **SOLV ENT**  **- CONTAMINATED WIPES EXCLUSION**  **S** The final exclusion s will provide regulatory relief from parts of the Federal RCRA hazardous waste regulations for both large and small generators and subsequent handlers b y establishing a set of conditions to address potential risks associated with the management of solvent

- contaminated wipes. Thus, small facilities, among others, would see relief. In addition, due to the fact that the universe of generators affected b y the provisions in the final exclusion s is comprised predominatel y of small businesses, EPA has set, as a primary goal of the final exclusion s , that th e management standards be eas y to understand and practical to implement. EPA believes that the provisions of the final exclusion s will: (1) encourage compliance; (2) enhance consistency between State programs; (3) clearl y define when the solvent

- contaminated wipes exit the RCRA Subtitle C management s ys tem; and (4) reduce compliance costs. Finally, the conditional exclusions are voluntary . Large and small generators eligible for the exclusions have the option of managing their solvent

- contaminated wipes under the existing Federal program (i.e., RCRA Subtitle C) or under one of the conditional exclusions.

## 58



# CARBON DIOXIDE (CO**2** 

# ) EXCLUSION The conditional exclusion is optional and will only be claimed if generators and Class VIUIC 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 CO 2 

# stream. **5(d) COLLECTION SCHEDULE**  Because rulemaking petitions are voluntaril y submitted, there is no collection schedule for these information requests. A discussion of a collection schedule, therefore, is not relevant. The zinc fertilizer rule (see 67 FR 48393; July 24, 2002) requires generators to submit to EPA a one
- time notification of their intent to begin managing hazardous secondary materials under the terms of the exclusion. Generators would keep a record on site of all shipments of hazardous secondary

materials for at least three ye ars. The rule also requires manufacturers to sample and anal yz e the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months and for dioxins no less than every twelve months. In addition, manufacturers will submit an annual report to EPA describing the hazardous secondary materials used to make zinc fertilizer. Manufacturers also must keep a record of all shipments of hazardous secondary

materials received for at least three years. Generators and collectors of treatability study samples must submit additional information along with their Biennial Report. Facilities with samples undergoing treatability studies must comply

with the following collection schedule:

· 45 days before they initiate treatability

studies, facilities must notify the Regional Administrator;

· By

March 15 of each ye ar, facilities must submit to the Regional Administrator an annual report regarding their treatability study activities; and

· Upon determining to cease treatability studies, facilities must inform the Regional Administrator. **CATHODE RAY TUBES (CRTs) EXCLUSION** Under the conditional exclusion rule for used cathode ray tubes (see 71 FR 42928; July 28, 2006), used CRTs and glass removed from CRTs sent for recycling or reuse are excluded from the definition of solid waste, if they meet specified conditions.

## 59



# A. **Labels** Generators of used, broken CRTs destined for recycling must label or mark clearl y each container in which the CRT s are contained, as specified. EPA believes that each container should be labeled or marked to ensure proper management and handling. **B. Export Notificatio**  **n for Used CRTs Destined for Recycling** Exporters of used CRTs destined for recycling must provide written notification to EPA of an intended export before the CRTs are scheduled to leave the U.S. A complete notification must be submitted 60 days before th e initial shipment is intended to be shipped off site. This notification may

cover export activities extending over a 12

- month or lesser period. In addition, upon request b y EPA, exporters must furnish to EPA any additional information that a receiving country requests in order to respond to a notification. **C. Export Notification for Used CRTs Destined for Reuse**  Exporters of used CRTs destined for reuse must send a one - time notification to EPA. In addition, they

must keep at the facility copies of normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused. **REVISIONS TO THE HEADWORKS EXCLUSION** The Headworks Exclusion rule (see 70 FR 57769 ; October 4, 2005) allows generators to directly measure solvent chemical levels at the headworks of the wastewater treatment system to determine whether the wastewater mixture is exempt from the definition of hazardous waste. Facilities choosing to conduct direct monitoring must prepare and submit a sampling and anal ys is plan to the regulatory agency prior to commencement of monitoring and confirm rec eipt by the regulatory

agency . EPA is not requiring any other formal notification to the regulatory agency, unless a change in the facility ’s operations mandates a change in monitoring. In addition, this rule allows manufacturing facilities to claim a de minimis loss of F

- or K
listed wastes and non

- manufacturing facilities to claim a de minimis loss of any listed hazardous waste. Facilities claiming any part of the expanded de minimis exemption must list Appendix VII and LDR hazardous constituents for each affected waste in the CWA permit application or the submission to a pretreatment control authority, in order to be eligible for the exemption. **DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION NONWASTEWATERS ARE NOT K181**  Under the final rule (see 70 FR 9138 ; February 24, 2005), generators of organic dyes and/or pigments production nonwastewaters will have to conduct nonhazardous determinations annually to verify that the wastes remain nonhazardous. For facilities that generate 1,000 metric tons or less per ye ar, this determination will be based on knowledge of their wastes. For facilities

## 60



# that generate more than 1,000 metric tons per ye ar, this determination will be based on waste sampling and anal ys is. These annual testing requirements will be suspended if the wastes remain nonhazardous for three consecutive years of testing. However, if the manufacturing or waste treatment process generating the wastes is significantly altered, the annual testing re quirements will be reinstated. EPA believes such a schedule will ensure that generators take measures to determine whether their wastes qualify for the nonhazardous claim. **CA RBON DIOXIDE**  **(C**

**O 2**  

# ) EXCLUSION The following is the collection schedule under the final exclusion:

· 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 ye ars.

· 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.
**6. ESTIMATING THE BURDEN AND COST OF**  **THE COLLECTION 6(a)**  **ESTIMATING RESPONDENT BURDEN** This ICR is a comprehensive presentation of all of the information collection activities required for identification, listing, and rulemaking petition regulations. EPA estimated respondent burden hours associated with all of the requirements covered in this ICR in Exhibits 1
- 6 below. 6 

# Exhibit 1 addresses the burden for petitioners to read and understand the regulations for identification, listing, and rulemaking petitions. Exhibit 2 addresses general requirements for all rulemaking petitions as well as equivalent testing or anal ytical method petitions and delisting petitions. Exhibit 3 addresses variances from classification as a solid waste or for classification as a boiler. Exhibit 4 addresses provisions for obtaining hazardous waste exclusions and exemptions under sections 261.3 and 261.4. Exhibit 5 addresses the paperwork requirements under sections 261.31 and 261.35. Each of these exhibits includes the number of hours required to conduct each information collection activity and the cost associated with each requirement.

6 

## Please note that these exhibits may contain rounding errors.

## 61



# Exhibit 6 summarizes the total annual burden hours and costs to respondents under all of these provisions. **6(b) ESTIMATING RESPONDENT COSTS**  **Estimating Labor Costs** EPA estimates an average hourly labor cost for respondents of $10 7
. 43 for legal staff, $ 90
. 54 for managerial staff, $4 4
. 80 for technical staff, $2 4
. 81 for clerical staff, and $1 8
. 55 for workman staff. These hourly labor rates are based on the most current estimates of national cross - industry

wages by the U.S. Bure au of Labor Statistics 7 

# for occupational groups SOC 23

- 1011: Lawyers; SOC 11
- 0000: Management Occupations; SOC 17

- 3026: Industrial Engineering Technicians; SOC 53

- 7064: Packers and Packagers, Hand; and SOC 43

- 9061: Office Clerks, General, respectivel y, multiplied by a factor 8 

# of 1.6741 to account for fringe benefits 9 

# and overhead
. 10 

# Estimating Capital and Operation and Maintenance Costs EPA estimates there will be no capital costs incurred. Operation and maintenance (O&M) costs include postage, materials, and lump

- sum purchased service costs. Examples of O&M costs include:

· Laboratory

fees for analyzing samples;

· Contractor travel/lodging costs;

· Professional certifications for certain work performed; and

· Mailing and shipping costs. To estimate O&M costs , as in the previous ICR (#1189.2 4 ), EPA used the June 2010 Consumer Price Index data from the U.S. Bureau of Labor Statistics ’ (BL S) at http://www.bls.gov/cpi/cpi_dr.htm
.

7 

## U.S. Bureau of Labor Statistics (BLS)’s May 201 4 National Industry

- Specific Occupational Employment and Wage Estimates cross all industry sectors, at: http://www.bls.gov/oes/current/oes_nat.htm 8 

## = [1+ (Fringe Benefits %) / (100%

- Fringe Benefits %)] x (1+ Overhead %) 9 

## Applied “All goods

- producing” industry group fringe benefits percentage of 33 .1% from “Table 6. Private industry, by major industry group” of the US Bureau of Labor Statistics (BLS) “Employer Costs for Employee Compensation” (ECEC), December 2010 at http://www.bls.gov/ schedule/archives/eci_nr.htm
. 10 

## In absence of data specific to industry, applied 12% Federal civilian overhead cost factor from Figure C1 of the REVISED February 2008 OMB Circular A

- 76 at http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/ ; the multiplier = .

## 62



# 6(c) **ESTIMATING AGENCY BURDEN AND COST**  Exhibit 7 below presents the estimated annual Agency burden and costs associated with the requirements covered in this ICR. EPA estimates an average hourl y labor cost of $ 70.02 for legal staff, $6 9
. 7 9 for managerial staff, $3 5
. 58 for technical staff, and $2 6
. 55 for clerical staff that involve State government employee labor rather than Federal employee labor because most RCRA programs are implemented b y RCRA
- authorized States. These hourly labor rates are based on the most current estimates of State government wages b y the U.S. Bureau of Labor Statistics 11 

# for occupational groups SOC 23

- 1011: Lawyers; SOC 11
- 0000: Management Occupations; SOC 19

- 4091: Environmental Science and Protection Technicians; and SOC 43

- 9061: Office Clerks, General, respectivel y, multiplied by a factor 12 

# of 1.7073 to account for fringe benefits 13 

# and overhead
. 14 

# 6(d) **ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST**  **READING AND UNDERSTANDING THE REGULATIONS FOR IDENTIFICATION, LISTING, AND RULEMAKING PETITIONS**  **(Exhibit 1)** The petitioner must read and understand all of the applicable regulations in 40 CFR Parts 260 and/o r 261. This cost is a one

- time cost. EPA estimates that all facilities submitting petitions and demonstrations will read the regulations. Thus, EPA estimates that 2 5 , 507 respondents will read the pertinent Part 260 and 261 regulations each year. **RULEMAKIN**

**G PETITIONS (Exhibit 2)**  Section 260.20 requires petitioners seeking to modify or revoke any

provision in 40 CFR Parts 260
- 265 and 268 t o submit specific information. Based on consultations with the Regions and States, EPA estimates that approximately 21 rulemaking petitions will be submitted every ye ar. Section 260.21 requires petitioners for equivalent testing or anal ytical methods to demonstrate to the satisfaction of the Administrator that the proposed method is equal to or superior to the correspon ding method in terms of its sensitivity, accuracy, and reproducibility
. EPA estimates that each year, one of the 21 rulemaking petitions submitted will be a petition for

11 

## U.S. Bureau of Labor Statistics (BLS)’s May 201 4 National Industry

- Specific Occupational Employment and Wage Estimates for NAICS 999200
– State Government (OES Designation), at: http://www.bls.gov/oes/current/naics4_999200.htm#b17

- 0000 12 

## = [1+ (Fringe Benefits %) / (100%

- Fringe Benefits %)] x (1+ Overhead %) 13 

## Applied 34.4% fringe benefits percentage from “Table 3. State and local government, by major occupational and industry group” of the US Bureau of Labor Statistics (BLS) “Employer Costs for Employee Compensation” (ECEC), December 2010 at http://www.bls.gov/schedule/archives/eci_nr.htm
. 14 

## In absence of data specific to state governments, applied 12% Federal civilian overhead cost factor from Figure C1 of the REVISED February 2 008 OMB Circular A

- 76 http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/
.

## 63



# equivalent testing or analy tical methods. The facility also is expected to comply with the section 260.20 general requirements. Section 260.22 requires petitioners seeking to amend 40 CFR Part 261 to exclude a waste produced at a particular facility to demonstrate that the waste does not meet any hazardous waste criteria. EPA estimates that 20 of the 21 rulemaking petitions submitted annually will be delisting petitions for wastes produced at specific facilities. These facilities are also expected to comply with the section 260.20 general requirements. **SOLID WASTE AND BOILER VARIANCE REQUIREMENTS**  **(Exhibit 3)** Section 260.33 requires facilities that request variances from classification as a solid waste for specified recycled materials (e.g., speculatively collected materials) to address the criteria contained in section 260.31. EPA estimates that for each of the three ty pes of variances described in section 260.31, 10 facilities will submit a request each year, for a total of 30 variance requests annually
. Section 260.32 requires persons requesting to classify as a boiler certain enc losed devices (using controlled flame combustion) to submit a demonstration addressing the criteria detailed in section 260.32. EPA estimates that one facility will request this variance each year. **HAZARDOUS WASTE EXCLUSIONS (Exhibit 4)**  Under section 26 1.3(a)(2), facilities may claim a wastewater exclusion. Section 261.3(a)(2)(iv) allows facilities to claim the “ Headworks Rule ” exemption as amended b y the October 4, 2005 final rule (70 FR 57769). EPA estimates that an incremental count of 3,266 facilities may

voluntarily claim a Headworks Exclusion exemption under 40 CFR 261.3(a)(2)(iv)(A), (B), (F), or (G). EPA estimates that during the three

- ye ar life of this ICR, 3,266 facilities (or 1,089 facil ities per ye ar) may be expected to read the rule, and 1,811 facilities may initially prepare and submit a sampling and analysis plan to the regulatory agency and confirm delivery

prior to commencing direct monitoring. EPA estimates that these 1,811 facilities may

conduct direct monitoring annually, on average, during the life of this ICR, and that between 1% to 2% of these 1,811 facilities (say 1.5%, or 27 facilities), on average, may need to modify their site

- specific plan each year because a change in the facility operations mandates a change in the plan. In addition, EPA estimates that 1,337 facilities may take advantage of the expanded de minimis exemption each year under section 261.3(a)(2)(iv)(D). Some of the burden associated with these claimants is o ne - ye ar onl y (i.e., initial first year), and some of the burden is annually recurring. Furthermore, because the purpose of this ICR is to estimate annual burden under the rule, EPA has annualized burden over the 3

- year lifespan of this ICR. Section 261.3( c)(2) allows facilities to obtain a hazardous waste exclusion for certain nonwastewater residues. EPA estimates that one facility will submit a nonwastewater exemption under section 261.3(c)(2).

## 64



# Section 261.4(a)(9)(iii) allows facilities to exclude from being a solid waste spent wood preserving solutions and wastewaters from wood preserving processes. EPA believes that most facilities have already t aken advantage of this exclusion, but EPA conservatively estimates that five new facilities each year will prepare and submit a notification. An additional 15 facilities will submit a notice of violation and apply for reinstatement annuall y. Section 261.4(a)(17) allows facilities to prepare an application for a site

- specific process unit determination for their solid mineral processing materials and to provide notice to EPA. Note that this exclusion was voided b y the courts. Therefore, no respondents are expected to claim this exclusion. Under section 261.4(a)(20)(ii)(A), generators and intermediate handlers may obtain a hazardous waste exclusion for zinc

-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers. Section 261
. 4(a)(20)(iii)(B), allows manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to obtain a hazardous waste exclusion. EPA estimates that 24 generators of zinc

-bearing hazardous secondary materials used to make fertilizers and five manufacturers of zinc fertilizers or zinc fertilizer ingredients will use the conditional exclusio n. These facilities must submit a noti fication and maintain records. The manufacturers must also submit an annual report, perform sampling and anal ys is, and keep sampling and analysis records. EPA estimates that one facility will prepare a demonstration for chromium

- containing waste b y following the requirements in section 261.4(b)(6). EPA estimates that most of the samples shipped to or returned b y a laboratory will be covered b y DOT or USPS shipping requirements. EPA estimates that 45 samples per year will not be covered b y these requirements and therefore will be subject to the information requirements specified in section 261.4(d)(2)(ii)(A). Section 261.4(e)(2) requires persons who generate or collect samples for the purpose of conducting treatability studies to comply with specific informational collections. EPA estimates that two facilities will generate or collect treata bility study samples every

year and therefore will need to collect and maintain information and report to EPA in the Biennial Report. Section 261.4(e)(3) allows persons who generate or collect samples for the purpose of conducting treatability studies to petition to increase the quantity limits on treatability study samples. EPA estimates that one of the generators or collectors of treatability study samples will submit this request. Section 261.4(e)(3) also provides for a two

- year extension for treatability studies involving bioremediation. EPA estimates that one of the generators or collectors of these s amples will submit a request for an extension. Section 261.4(f) requires testing facilities conducting treatability studies to comply

with a number of informational requirement provisions. EPA estimates that two testing facilities will seek an exemption e ach year. These facilities must submit a notification, maintain records, submit an annual report, and submit a termination letter once testing has been completed.

## 65



# Section 261.39(a)(2) requires generators of used, broken CRTs destined for recycling to labe l or mark clearl y each container (e.g., “gaylord” box) in which used, broken CRTs are contained, as specified. EPA estimates that, each year, respondents will use 32,423 containers. EPA assumes that these respondents will mark each of these containers b y writing the specified words on them. EPA also assumes that each container will be used onl y once. Section 261.39(a)(5) requires exporters of used, broken CRTs to provide written notification to EPA of an intended export before the CRTs are scheduled to leave the U.S. EPA estimates that, each ye ar, 256 shipments of used CRTs will be exported for recycling. EPA expects that these exporters will notify the Agency

of their intent to export the used CRTs. In addition, the Agency

estimates that approximately 26 exporters will furnish additional information. Section 261.39(a)(5)(x) requires exporters of CRTs sent for recycling to file with EPA no later than March 1 of each year, a report summarizing the quantities (in kilograms), frequency of shipment, and ultim ate destination(s) of all CRTs exported during the previous calendar year. EPA estimated that approximately 12 U.S. exporters of CRTs sent for recycling will be required to prepare and submit an annual report. Section 261.41 requires exporters of used, intact CRTs for reuse to send a one

- time notification to EPA. EPA estimates that, each ye ar, 14 respondents will export used CRTs for reuse. EPA assumes that all these respondents will notify the Agency

once during the three

- ye ar life of the ICR. In estimating the annual respondent hour and cost burden over the three

- ye ar period covered b y this ICR, EPA annualized the hour and cost burden of this one - time activity by dividing the number of respondents by three. Thus, EPA estimates that 5 respondents (i.e., 14 respondents / 3 years), on average, will submit the one

- time notification each year. Section 261.41(b) requires exporters of used CRTs for reuse to keep copies of normal business records, such as contracts, demonstrating that each shipment of exported CRT will be reused. If the documents are written in a language other than English, CRT exporters of used CRTs for reuse must also provide a third

-party translation of the normal business records into English upon request by

EPA. EPA estimated that between 32 to 58 business records will need to be translated into English
. Section s 261.4(a)(26) and 261.4(b)(18) require generators of solvent

- contaminated wipes that use the conditional exclusions for solvent

- contaminated wipes to label containers and keep records. EPA estimates that, each ye ar, generators of reusable wipes will use a total of 1,994,266 plastic bags and will affix one label on each plastic bag. EPA also estimates that, each ye ar, 62,423 generators of reusable wipes will comply with the recordkeeping requirements. In addition, EPA estimates that, each ye ar, generators of disposable wipes will use a total of 124,491 bags and will affix one la bel to each plastic bag. Finally, EPA estimates that, each ye ar, 5,428 generators of disposable wipes will comply with the recordkeeping requirements.

## 66



# Section 261.4(h) requires generators and Class VI UIC well owner/operators that use the conditional exc lusion for carbon dioxide (CO 2 

# ) streams in geologic sequestration activities to prepare and post a certification statement and renew their certification. EPA estimates that 2 generators and 1 Class VI UIC well owner/operator will prepare the certification statement on average annually . EPA also estimates that 3 generators and 1 Class VI UIC well owner/operator will renew the certification on average annually
. **HAZARDOUS WASTE LISTING EXEMPTIONS (Exhibit 5)**  EPA estimates that one facility will claim the section 261.31(b)(2) sludge hazardous waste exemption each ye ar. This facility will maintain information supporting the criteria for exemption. EPA estimates that one facility per year will develop equipment cleaning or replacement plans under section 261 .35, document cleaning or replacement in the facility operating record, and certify

that procedures were followed. Section 261.32 (d) allows facilities to claim a listing exemption for K181 organic dyes and/or pigments production nonwastewaters. EPA estimates that two facilities will use knowledge of their wastes to determine that their wastes do not contain any of the K181 constituents identified in §261.32(c). EPA estimates that, each ye ar, 22 facilities that generate 1,000 metric tons or less of wa stes containing K181 constituents will follow the procedures under §261.32(d)(2) to determine whether or not their wastes exceed the mass loading levels in the listing. EPA estimates that, each ye ar, eight of the nine facilities that generate more than 1,0 00 metric tons of wastes containing K181 constituents will follow the procedures under §261.32(d)(3) to determine whether or not their wastes exceed the mass loading levels in the listing. (The remaining one facility may continue to burn its waste with high organic content in on site boilers permitted by the State under the Clean Air Act for energy recovery ; this waste is also exempt from the K181 listing, and the resultant ash may thus be managed as nonhazardous.) Section 261.31(b)(4) allows motor vehicl e manufacturers to claim a listing exemption for F019 wastewater treatment sludges from the chemical conversion coating of aluminum. Such facilities must maintain on site for a minimum of three ye ars documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. EPA estimates that seven generators would claim this exemption, incurring negligible burden for this activity since they

would most likely

keep such re cords as a standard business practice (e.g., invoices or shipping papers).

## 67

**EX HI**  **BIT 1**  **REA DI**  **NG T**  **HE REG**  **UL AT**  **IO NS**  **AN NUA**  **L E ST**  **IM AT**  **ED RESPO**  **NDENT BU**  **RDEN AN**  **D COS**  **T Ho**  **urs a**  **nd Co**  **st s P**  **er R**  **es pon**  **de nt**  **Pe r**  **Act ivit**  **y T o**  **ta l H**  **ou rs**  **a nd**  **Co st** **s Nu**  **mb er**  **of Le**  **g. Mgr**  **. Tec**  **h. Cle**  **r. Res**  **pon .**  **La bor**  **Ca pi**  **ta l/**  **Res pon**  **. T o**  **ta l**  **T o ta**  **l IN**  **FOR MA**  **T I ON**  **COL LE**  **CT IO**  **N $107.43**  **$90.54 $44.80**  **$24.81 Ho**  **urs /**  **Co st**  **/ St** **ar**

**tup O**  **& M or**  **Ho urs**  **/ Co**  **st /**  **ACT IV**  **IT Y**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **Ye ar**  **Ye ar**  **Co st**  **Co st**  **Act iv.**  **Ye ar**  **Ye ar**  

## Read **ing an**  **d Un**  **de rst**  **an ding**  **th e Reg**  **ula ti**  **ons fo**  **r ID**  **, L ist**  **ing, an**  **d Ru**  **le ma**  **king Pe**  **ti ti**  **ons** R ead the R egu la ti on s 0.25 0.50 1.00 0.00 1.75 $116.93 $0.00 $0.00 2,603 4,555.25 $304,359 Tot al : R ead the R egu la ti on s 0.25 0.50 1.00 0.00 1.75 $116.93 $0.00 $0.00 2,603 4,555.25 $304,359

## 68

**EX HI**  **BIT 2**  **RUL EMA**  **KI NG**  **P ET**  **IT IO**  **NS AN**  **NUA L E**  **ST IM**  **AT ED**  **RESPO NDENT**  **BU RDEN**  **AN D**  **COS T**  **Ho urs**  **a nd**  **Co st** **s P er**  **R es**  **pon de**  **nt Pe**  **r Act**  **ivit y**  **T o ta**  **l H ou**  **rs a**  **nd Co**  **st s** 

**Nu mb**  **er of**  **Le g.**  **Mgr .**  **Tec h.**  **Cle r.**  **Res pon**  **. La**  **bor Ca**  **pi ta**  **l/ Res**  **pon .**  **T o ta**  **l T o**  **ta l**  **IN FOR**  **MA T I**  **ON COL**  **LE CT**  **IO N**  **$107.43 $90.54**  **$44.80 $24.81**  **Ho urs**  **/ Co**  **st /**  **St ar** 

**tup O**  **& M or**  **Ho urs**  **/ Co**  **st /**  **ACT IV**  **IT Y**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **Ye ar**  **Ye ar**  **Co st**  **Co st**  **Act iv.**  **Ye ar**  **Ye ar**  **Ru le**  **ma kin**  **g Pe**  **ti ti**  **on s**  **Ge ne**  **ra l R**  **eq uire**  **me nts**  **(260.20)** D escrib e/pr

epar e a st at em en t o n p ro posed actio n 1.63 5.45 16.35 7.63 31.06 $1,590.60 $0.00 10,892 $ 3 93.18 $37,447.80 S ta te the ne ed an d jus ti fi catio n fo r the p ro posed actio n 0.00 5.45 54.49 0.00 59.94 $2,934.55 $0.00 $0.00 3 179.82 $8,803.64 Su bt ot al 1.63 10.90 70.84 7.63 91.00 $4,525.15 $0.00 $10,892.00 3 273.00 $46,251.44 **Equ iva**  **le nt**  **Me tho**  **ds Pe**  **ti ti**  **on s (260.21)**  D escrib e the p ro posed me tho d 0.00 3.00 20.00 1.00 24.00 $1,192.42 $0.00 $0.00 1 24.00 $1,192.42 D escrib e the p ro posed me tho ds' p ro cedu ra l st

eps an d equ ip me nt 0.00 2.00 10.00 1.00 13.00 $653.89 $0.00 $0.00 1 13.00 $653.89 D escrib e wa st

es/wast e ma tri ces fo r p ro posed me tho d 0.00 3.00 20.00 2.00 25.00 $1,217.23 $0.00 $0.00 1 25.00 $1,217.23 Co mp ar

e re su lt s fro m pr oposed m etho d wi th re su lt

s fro m p re scrib ed me tho d 0.00 2.00 10.00 0.00 12.00 $629.08 $0.00 $0.00 1 12.00 $629.08 A ssess an y limiting fa ct or s fo r the p ro posed me tho d 0.00 5.00 30.00 2.00 37.00 $1,846.31 $0.00 $0.00 1 37.00 $1,846.31 D escrib e the q ua lit

y an d con tro l p ro cedu re s 0.00 3.00 20.00 1.00 24.00 $1,192.42 $0.00 $0.00 1 24.00 $1,192.42 P ro vid e an y addi ti on al i nfo rm atio n 0.00 2.00 10.00 1.00 13.00 $653.89 $0.00 $0.00 1 13.00 $653.89 Su bt ot al 0.00 20.00 120.00 8.00 148.00 $7,385.24 $0.00 $0.00 1 148.00 $7,385.24

## 69



# EXHIBIT 2, continued **Del ist**  **ing P**  **et it**  **io n (**  **260.22)** P ro vid e gen er

al i nfo rm atio n o n the l abor at or y con du cting the te st

s 0.00 0.00 8.79 0.00 8.79 $393.89 $0.00 $0.00 2 17.58 $787.79 P ro vid e det

ai le d inf orma ti on o n the i nd ivid ua ls sam pl ing a nd te sting the wa st

e sam pl es 0.00 4.40 0.88 0.88 6.15 $459.22 $0.00 $1,609.00 2 12.31 $4,136.44 P ro vid e the d at

es of s am pl ing a nd te sting 0.00 0.00 0.88 0.00 0.88 $39.39 $0.00 $0.00 2 1.76 $78.78 P ro vid e inf

orma ti on o n the l ocatio n o f the fa cilit

y 0.00 0.00 0.88 0.88 1.76 $61.20 $0.00 $0.00 2 3.52 $122.41 D escrib e the m an ufa cturing p ro cesses o r o the r o per

atio ns a nd fe ed m at eria ls pr odu cin g the wa st

e 0.00 4.40 87.92 0.88 93.20 $4,358.77 $0.00 $0.00 2 186.40 $8,717.53 A ssess varia bi lit

y of g en er at or's wa st e stre am 0.00 0.00 87.92 0.00 87.92 $3,938.94 $0.00 $0.00 2 175.85 $7,877.87 D escrib e the wa st

e 0.00 0.00 17.58 0.88 18.46 $809.60 $0.00 $0.00 2 36.93 $1,619.20 E stima te the a ver

age ma xi mu m m on thl y an d an nua l qu an ti ti es of wa st e cover ed by the d em on stra ti on 0.00 0.00 17.58 0.00 17.58 $787.79 $0.00 $0.00 2 35.17 $1,575.57 P ro vid e per

ti ne nt d at

a on d iscu ssion o f fa ct or s per 261.11(a )(3) 0.00 0.00 43.96 0.88 44.84 $1,991.28 $0.00 $0.00 2 89.68 $3,982.57 D escrib e the m etho dol ogi es an d e qu ip me nt us ed fo r re pr esen ta ti ve s am pl es 0.00 0.00 35.17 0.88 36.05 $1,597.39 $0.00 $32,180.00 2 72.10 $67,554.78 D escrib e the s am pl e ha nd ling a nd p re par atio n te ch niq ue s 0.00 0.00 17.58 0.88 18.46 $809.60 $0.00 $0.00 2 36.93 $1,619.20 D escrib e the te st

s per fo rm ed an d the ir re su lt s 0.00 0.00 0.88 0.88 1.76 $61.20 $0.00 $5,324.00 2 3.52 $10,770.41 P ro vid e the na me a nd m odel num ber s o f i ns trum en ts us ed 0.00 0.00 0.88 0.88 1.76 $61.20 $0.00 $0.00 2 3.52 $122.41 Ce rti fy p etitio n 0.00 0.88 0.00 0.00 0.88 $79.60 $0.00 $0.00 2 1.76 $159.21 P ro vid e an y addi ti on al i nfo rm atio n 0.00 3.52 21.98 0.00 25.50 $1,303.15 $0.00 $0.00 2 51.00 $2,606.29 Su bt ot al 0.00 13.19 342.90 7.91 364.00 $16,752.23 $0.00 $39,113.00 2 728.00 $111,730.46 **T o ta**  **l: R**  **ule ma**  **kin g**  **Pe ti**  **ti on**  **s** varie s varie s varie s varie s varie s $28,662.61 $0.00 $50,005.00 varie s 1,149.00 $165,367.13

## 70

**EX HI**  **BIT 3**  **SO LID**  **W AS**  **T E AN**  **D BOIL**  **ER VA**  **RI AN**  **CE R**  **EQ UI**  **REMENT S**  **AN NUA**  **L E ST**  **IM AT**  **ED RESPO**  **NDENT BU**  **RDEN AN**  **D COS**  **T Ho**  **urs a**  **nd Co**  **st s P**  **er R**  **es pon**  **de nt**  **Pe r**  **Act ivit**  **y T o**  **ta l H**  **ou rs**  **a nd**  **Co st** **s**

**Nu mb**  **er of**  **Le g.**  **Mgr .**  **Tec h.**  **Cle r.**  **Res pon**  **. La**  **bor Ca**  **pi ta**  **l/ Res**  **pon .**  **T o ta**  **l T o**  **ta l**  **IN FOR**  **MA T I**  **ON COL**  **LE CT**  **IO N**  **$107.43 $90.54**  **$44.80 $24.81**  **Ho urs**  **/ Co**  **st /**  **St ar** 

**tup O**  **& M or**  **Ho urs**  **/ Co**  **st /**  **ACT IV**  **IT Y**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **Ye ar**  **Ye ar**  **Co st**  **Co st**  **Act iv.**  **Ye ar**  **Ye ar**  **Sol id**  **W as**  **te a**  **nd Bo**  **ile r**  **Va ri**  **an ce**  **R eq**  **uire me**  **nts Va**  **ri an**  **ce f** **ro m Cla**  **ssif ica**  **ti on**  **a s a**  **S ol**  **id W**  **as te**  **(260.31)(a ) a**  **nd 260.33(a**  **))** P ro vid e inf

orma ti on o n the m an ne r i n whi ch the m at

eria l is expect

ed to b e re cycled 0.00 0.00 30.00 0.00 30.00 $1,344.00 $0.00 $25.00 10 300.00 $13,690.00 E xp la in why the p etitio ne r ha s a ccu mu la te d fo r o ne o r m or e year s wi tho ut re cyclin g 75% o f the v ol um e a ccu mu la te d at

the b egi nning o f the y ear 0.00 0.00 5.00 0.00 5.00 $224.00 $0.00 $0.00 10 50.00 $2,240.00 P ro vid e inf

orma ti on o n the q ua nti ty o f m at eria l al re ady accu mu la te d an d the q ua nti ty e xp ect

ed to b e g en er at ed an d accu mu la te d bef or e the m at eria l is re cycled 0.00 0.00 24.00 0.00 24.00 $1,075.20 $0.00 $0.00 10 240.00 $10,752.00 P ro vid e inf

orma ti on o n the e xte nt to whi ch the m at

eria l is ha nd le d to m inimize lo ss 0.00 0.00 6.00 0.00 6.00 $268.80 $0.00 $0.00 10 60.00 $2,688.00 P ro vid e an y addi ti on al re le van t i nfo rm atio n 0.00 0.00 10.00 0.00 10.00 $448.00 $0.00 $0.00 10 100.00 $4,480.00 Su bt ot al 0.00 0.00 75.00 0.00 75.00 $3,360.00 $0.00 $25.00 10 750.00 $33,850.00 **Va ri**  **an ce**  **F ro**  **m Cla ssif** **ica ti**  **on a**  **s a S**  **ol id**  **W as**  **te (260.31(b) a**  **nd 260.33(a**  **))** P ro vid e inf

orma ti on o n the e con om ic v ia bi lit y of the p ro du ctio n p ro cess us ing v ir

gi n m at eria ls sol el y, ra the r tha n re cla ime d ma te ri al s 0.00 0.00 40.00 0.00 40.00 $1,792.00 $0.00 $25.00 10 400.00 $18,170.00 D escrib e the i nd us try -wi de pr eval en ce o f the p ra ctice 0.00 0.00 20.00 0.00 20.00 $896.00 $0.00 $0.00 10 200.00 $8,960.00

## 71



# EXHIBIT 3, continued

D escrib e the e xte nt to whi ch the m at eria l is ha nd le d bef

or e re cla ma ti on to m inimize lo ss 0.00 0.00 24.00 0.00 24.00 $1,075.20 $0.00 $0.00 10 240.00 $10,752.00 D escrib e the ti me p erio ds bet we en m at eria l gen er

atio n a nd re cla ma ti on , a nd b et we en re cla ma ti on a nd re turn to o ri gi na l prima ry p ro du ctio n p ro cess 0.00 0.00 20.00 0.00 20.00 $896.00 $0.00 $0.00 10 200.00 $8,960.00 D escrib e the l ocatio n o f the re cla ma ti on o per atio n a nd p ro du ctio n p ro cess 0.00 0.00 1.00 0.00 1.00 $44.80 $0.00 $0.00 10 10.00 $448.00 D escrib e whe the r the re cla ime d m at eria l is us ed fo r the p urp ose fo r whi ch i t wa s orig ina lly pr odu ced whe n re turne d to the o ri gi na l pr ocess 0.00 0.00 20.00 0.00 20.00 $896.00 $0.00 $0.00 10 200.00 $8,960.00 D escrib e whe the r the p er son who g en er at es the m at

eria l al so re cla ims it 0.00 0.00 1.00 0.00 1.00 $44.80 $0.00 $0.00 10 10.00 $448.00 P ro vid e an y addi ti on al re le van t i nfo rm atio n 0.00 0.00 20.00 0.00 20.00 $896.00 $0.00 $0.00 10 200.00 $8,960.00 Su bt ot al 0.00 0.00 146.00 0.00 146.00 $6,540.80 $0.00 $25.00 10 1,460.00 $65,658.00 **Va ri**  **an ce**  **F ro**  **m Cla ssif** **ica ti**  **on a**  **s a S**  **ol id**  **W as**  **te (260.31(c) a**  **nd 260.33(a**  **))** P ro vid e inf

orma ti on o n the d egr

ee o f p ro cessi ng the m at eria l ha s und er gon e an d the d egr

ee of furthe r p ro cessi ng tha t i s re qu ir ed 0.00 0.00 40.00 0.00 40.00 $1,792.00 $0.00 $25.00 10 400.00 $18,170.00 P ro vid e inf

orma ti on o n the v al ue o f the re cla ime d ma te ri al 0.00 0.00 16.00 0.00 16.00 $716.80 $0.00 $0.00 10 160.00 $7,168.00 D escrib e the d egr

ee to whi ch the re cla ime d ma te ri al i s like a n a na lo gou s ra w m at

eria l 0.00 0.00 40.00 0.00 40.00 $1,792.00 $0.00 $0.00 10 400.00 $17,920.00 E xa mine the e xte nt to whi ch a n e nd m arket fo r the re cla ime d ma te ri al i s gu ar an te ed 0.00 0.00 20.00 0.00 20.00 $896.00 $0.00 $0.00 10 200.00 $8,960.00 D escrib e the e xte nt to whi ch the re cla ime d ma te ri al i s ha nd le d to m inimize lo ss 0.00 0.00 6.00 0.00 6.00 $268.80 $0.00 $0.00 10 60.00 $2,688.00 P ro vid e an y addi ti on al re le van t i nfo rm atio n 0.00 0.00 20.00 0.00 20.00 $896.00 $0.00 $0.00 10 200.00 $8,960.00 Su bt ot al 0.00 0.00 142.00 0.00 142.00 $6,361.60 $0.00 $25.00 10 1,420.00 $63,866.00

## 72



# EXHIBIT 3, continued **Va ri**  **an ce**  **f**

**or Cla**  **ssif ica**  **ti on**  **a s a**  **Bo ile**  **r (260.32 a**  **nd 260.33(a**  **))** D escrib e the e xte nt to whi ch the uni t ha s pr ovi sio ns fo r re covering a nd e xp or ti ng the rm al e ne rg y fro m st eam , he at ed fl uid s, o r he at

ed gases 0.00 1.00 10.00 0.00 11.00 $538.54 $0.00 $0.00 1 11.00 $538.54 D escrib e the e xte nt to whi ch the c om bu stio n c ha mb er a nd e ne rg y re cover

y equ ip me nt a re o f i nte gr al d esi gn 0.00 1.00 20.00 0.00 21.00 $986.54 $0.00 $0.00 1 21.00 $986.54 D escrib e the e ffi cie nc y of e ne rg y re cover

y, c al cu la te d in te rm s of the re cover

ed en er gy com par

ed wi th the the rm al v al ue o f fue l 0.00 1.00 20.00 4.00 25.00 $1,085.78 $0.00 $0.00 1 25.00 $1,085.78 D escrib e the e xte nt to whi ch e xp or te d en er gy is uti lized 0.00 0.00 16.00 3.00 19.00 $791.23 $0.00 $0.00 1 19.00 $791.23 D escrib e the e xte nt to whi ch the d evi ce is in com mo n a nd c us to ma ry us e as a 'boi le r' func ti on ing p ri ma ri ly to p ro du ce st

eam , he at

ed fl uid s, o r he at ed gases 0.00 1.00 20.00 1.00 22.00 $1,011.35 $0.00 $0.00 1 22.00 $1,011.35 P ro vid e an y addi ti on al re le van t i nfo rm atio n 0.00 0.00 10.00 8.00 18.00 $646.49 $0.00 $0.00 1 18.00 $646.49 Su bt ot al 0.00 4.00 96.00 16.00 116.00 $5,059.92 $0.00 $0.00 1 116.00 $5,059.92 **T o ta**  **l: S**  **ol id**  **W as**  **te a**  **nd Bo**  **ile r**  **Va ri**  **an ce**  **R eq**  **uire me**  **nts** varie s varie s varie s varie s 479.00 $21,322.32 $0.00 $75.00 varie s 3,746.00 $168,433.92

## 73

**EX HI**  **BIT 4**  **EX CL**  **USI ON**  **S FR**  **OM T H**  **E DEF**  **IN IT**  **IO N**  **OF HA**  **ZA RDO**  **US WA**  **ST E**  **AN NUA**  **L E ST**  **IM AT**  **ED RESPO**  **NDENT BU**  **RDEN AN**  **D COS**  **T Ho**  **urs a**  **nd Co**  **st s P**  **er R**  **es pon**  **de nt**  **Pe r**  **Act ivit**  **y T o**  **ta l H**  **ou rs**  **a nd**  **Co st** **s**

**Nu mb**  **er of**  **Le g.**  **Mgr .**  **Tec h.**  **Cle r.**  **Res pon**  **. La**  **bor Ca**  **pi ta**  **l/ Res**  **pon .**  **T o ta**  **l T o**  **ta l**  **IN FOR**  **MA T I**  **ON COL**  **LE CT**  **IO N**  **$107.43 $90.54**  **$44.80 $24.81**  **Ho urs**  **/ Co**  **st /**  **St ar** 

**tup O**  **& M or**  **Ho urs**  **/ Co**  **st /**  **ACT IV**  **IT Y**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **Ye ar**  **Ye ar**  **Co st**  **Co st**  **Act iv.**  **Ye ar**  **Ye ar**  **Haz ar** **dou s W**  **as te**  **E xc**  **lus io**  **ns Was**  **te wa**  **te r**  **Ex em**  **pt io**  **n ( 261.3(a**  **)(2)(iv))** D em on stra te the wa st ewat er e xc lus io n 0.00 4.00 16.00 8.00 28.00 $1,277.44 $0.00 $6.00 1 28.00 $1,283.44 **Rev isio**  **ns t** **o the**  **H ead**  **wo rk**  **s E xc**  **lus io**  **n a t**  **261.3(a )(2)(iv)(A), (B), (D**  **), (F ) a**  **nd (G)**  **Di re**  **ct M**  **on it** **or ing**  **: Si**  **te -S**  **pe cif** **ic S am**  **pl ing**  **P la**  **n** Pr epar e an d su bm it

s it e-speci fi c sam pl ing p la n 0.00 0.50 1.00 0.50 2.00 $102.47 $0.00 $3.00 604 1,207.33 $63,671 Co nd uc t d ir

ect m on itro ing 0.00 0.00 24.00 0.00 24.00 $1,075.20 $0.00 $4,714.00 1,811 43,464.00 $10,484,241 Updat e an d su bm it

the s am pl ing p la n i f ne eded 0.00 0.10 0.25 0.15 0.50 $23.98 $0.00 $3.00 27 13.50 $728 **Fa cilit**  **ie s Cla**  **iming E**  **xp an**  **de d**  **de minimis**  **E xe**  **mp ti**  **on** Ke ep re cor

ds of d ocu me nts 0.00 0.00 0.35 0.15 0.50 $19.40 $0.00 $0.00 1,337 668.50 $25,940 **No nwa**  **st ew** **at er** 

**E xe**  **mp ti**  **on (261.3(c)(2)(ii)(C))**  P re par e an d su bm it

no ti fi catio n a nd c er ti fi catio n 0.00 1.00 1.00 1.50 3.50 $172.55 $0.00 $13.00 1 3.50 $185.55 M ai nta in docu me nts i n fa cilit y fi le s 0.00 0.00 0.00 0.50 0.50 $12.41 $0.00 $0.00 1 0.50 $12.41 **Ex clu**  **sio n f** 

**or S**  **pe nt**  **Wo od**  **Pr es**  **er vin**  **g Sol**  **uti on**  **s a nd**  **W as**  **te wa**  **te rs**  **f ro**  **m W ood**  **Pr es**  **er vin**  **g Pr** **oce sse**  **s (261.4(a )(9)(iii))**  P re par e an d su bm it

no ti fi catio n 0.00 0.50 1.00 6.00 7.50 $238.93 $0.00 $3.00 5 37.50 $1,209.67 U pdat e no ti fi catio n, i f ne eded 0.00 1.00 8.00 2.00 11.00 $498.56 $0.00 $3.00 15 165.00 $7,523.39 **Ex clu**  **sio n f** 

**or S**  **ec on**  **da ry**  **M at** **er ia**  **ls f ro**  **m t he**  **M ine**  **ra l P**  **ro ce**  **ssin g**  **Ind us**  **try (261.4(a**  **)(17))** P re par e an d su bm it

a ppl ica ti on 0.00 1.00 8.00 1.00 10.00 $473.75 $0.00 $3.00 0 0.00 $0.00 P re par e an d su bm it

no ti fi catio n 0.00 0.50 1.00 8.00 9.50 $288.55 $0.00 $3.00 0 0.00 $0.00 U pdat e no ti fi catio n, i f ne eded 0.00 0.25 0.50 9.00 9.75 $268.33 $0.00 $3.00 0 0.00 $0.00

## 74



# EXHIBIT 4, continued
**Ex clu**  **sio n f** 

**or R**  **ec ycle**  **d Haz**  **ar dou**  **s S ec**  **on da**  **ry M**  **at er**  **ia ls t** **o Ma**  **ke Z**  **inc F**  **er ti**  **lize r**  **Pr odu**  **ct s (261.4(a**  **)(20)-(21)) Req**  **uire me**  **nts f** 

**or G**  **en er** **at or** **s** Notif ica ti on (261.4(a )(20)(i i) (B )) Co mp le te a nd s ub mit

no ti fi catio n 0.00 0.10 0.25 0.00 0.35 $20.25 $0.00 $3.00 8 2.80 $186.03 Recor d of S hip me nts (261.4(a )(i i) (C)) Ke ep re cor

ds of s hip pi ng a ctivitie s 0.00 0.00 0.00 0.10 0.10 $2.48 $0.00 $0.00 24 2.40 $59.55 **Req uire**  **me nts**  **f**

**or M**  **an ufa**  **ct ure**  **rs** Notif ica ti on (261.4(a )(20)(i ii) (B )) Co mp le te a nd s ub mit

no ti fi catio n 0.00 0.10 0.25 0.00 0.35 $20.25 $0.00 $3.00 2 0.70 $38.83 Recor d of S hip me nts (261.4(a )(i ii) (C)) Ke ep re cor

ds of s hip pi ng a ctivitie s 0.00 0.00 0.00 0.10 0.10 $2.48 $0.00 $0.00 5 0.50 $12.41 An nua l re por

t (261.4(a )(20)(i ii) (D )) Co mp le te a nd s ub mit

the a nnua l re por

t 0.00 0.25 2.00 0.50 2.75 $124.64 $0.00 $3.00 5 13.75 $638.20 Pr odu ct s am pl ing a nd a na lysis (261.4(a )(21)(i i) (i ii) ) Sa mp le a nd a na lyze the p ro du ct 0.00 0.00 1.00 0.00 1.00 $44.80 $0.00 $2,068.00 5 5.00 $10,564.00 Ke ep sam pl ing a nd a na lysis re cor ds 0.00 0.00 0.00 0.10 0.10 $2.48 $0.00 $0.00 5 0.50 $12.41 **Ex em**  **pt io**  **n f**

**or Ch**  **ro mium-Co**  **nta ining**  **W as**  **te (261.4(b**  **)(6))** D em on stra te the wa st e me et s the ha za rd ou s wa st

e exclu sio n 0.00 4.00 16.00 8.00 28.00 $1,277.44 $0.00 $6.00 1 28.00 $1,283.44 **Ex em**  **pt io**  **n f**

**or S**  **am pl**  **es (261.4(d**  **)(2)(ii)(A))** Co lle ct a nd m ai nta in inf

orma ti on o n the s am pl e an d the c ol le ct or 0.00 1.00 16.00 4.00 21.00 $906.58 $0.00 $6.00 45 945.00 $41,066.13 **Ex em**  **pt io**  **n f**

**or T**  **re at** **ab ilit** 

**y S tud**  **y S am**  **pl es**  **(261.4)(e )(2)-(3))**  Co lle ct , c opy, fi le a nd m ai nta in the re qu ir

ed inf orma ti on 0.00 0.00 4.00 0.00 4.00 $179.20 $0.00 $25.00 2 8.00 $408.40 P re par e an d re por

t to E PA re qu ir

ed i nfo rm atio n (i n the B ie nnia l Repor t)* 0.00 0.00 4.00 0.00 4.00 $179.20 $0.00 $0.00 2 8.00 $358.40 P re par e an d su bm it

a re qu est

fo r a n i nc re ase of

the q ua nti ty l imit 0.00 1.00 4.00 1.00 6.00 $294.55 $0.00 $0.00 1 6.00 $294.55 P re par e an d su bm it

a re qu est

fo r a n e xte ns io n o f up to two y ear s fo r tre at abi lit y stud ie s inv ol vin g bi or em edi atio n 0.00 1.00 4.00 1.00 6.00 $294.55 $0.00 $0.00 1 6.00 $294.55

## 75



# EXHIBIT 4, continued
**Ex em**  **pt io**  **n f**

**or T**  **re at** **ab ilit** 

**y S tud**  **y S am**  **pl es**  **U nd**  **er goi**  **ng T**  **es ti**  **ng (261.4)(f**  **))** N otif y the R egi on al A dm inis tra to r 0.00 1.00 0.00 1.00 2.00 $115.35 $0.00 $13.00 2 4.00 $256.70 M ai nta in re cor

ds fo r thre e year

s 0.00 0.00 0.00 1.00 1.00 $24.81 $0.00 $6.00 2 2.00 $61.62 P re par e an d su bm it

the a nnua l re por

t 0.00 2.00 10.00 4.00 16.00 $728.32 $0.00 $13.00 2 32.00 $1,482.64 P re par e an d su bm it

the te rm ina ti on l et

te r 0.00 1.00 0.00 2.00 3.00 $140.16 $0.00 $13.00 2 6.00 $306.32 zzz **Su b-T**  **ot al**  **: Haz**  **ar dou**  **s W as**  **te E**  **xc lus**  **io ns**  varie s varie s varie s varie s 202.50 $8,809.11 $0.00 $6,913.00 varie s 46,658.48 $10,642,119 **Sol id**  **W as**  **te E**  **xc lus**  **io ns**  **La be**  **ls (261.39(a )(2))**  P re par e an d re por

t to E PA re qu ir

ed i nfo rm atio n (i n the B ie nnia l Repor t)* 0.00 0.00 0.00 0.00 0.10 $1.85 0.00 0.00 32,423 3,242.30 $60,142.97 **Ex por**  **t No**  **ti fi**  **ca ti**  **on f** 

**or U**  **se d**  **CR T s**  **D es**  **ti ne**  **d fo**  **r Rec**  **yclin g**  **(261.39(a )(5))**  P re par e an d su bm it

wri tte n no ti fi catio n 0.00 0.10 1.80 1.50 3.40 $126.91 0.00 0.38 256 870.40 $32,586.21 P re par e an d su bm it

a ddi ti on al i nfo rm atio n tha t a re cei vin g cou ntry re qu est s in or der to re spon d to a no ti fi catio n 0.00 0.10 0.50 0.10 0.70 $33.93 0.00 0.38 26 18.20 $892.19 Ke ep copi es of

no ti fi catio ns a nd c on sen ts 0.00 0.00 0.00 0.10 0.10 $2.48 0.00 0.00 256 25.60 $635.16 **Ex por**  **t No**  **ti fi**  **ca ti**  **on f** 

**or U**  **se d**  **CR T s**  **D es**  **ti ne**  **d fo**  **r Reu**  **se (261.41)**  P re par e an d su bm it

a o ne -ti me no ti fi catio n 0.00 0.10 0.50 0.10 0.70 $33.93 0.00 0.38 5 3.50 $171.57 Ke ep copi es of

a no rm al b us ine ss re cor ds (e .g ., c on tra ct

s)d em on stra ti ng tha t e ach s hip me nt o f e xp or

te d CR Ts wi ll be re us ed 0.00 0.00 0.00 0.10 0.10 $2.48 0.00 0.00 14 1.40 $34.74 **Su b-T**  **ot al**  **: Sol**  **id W**  **as te**  **E xc**  **lus io**  **ns** varie s varie s varie s varie s 5.10 $201.60 $0.00 $1.14 varie s 4,161.40 $94,462.83 

## Tot **al :**  **Ex**

**clusions** varie s varie s varie s varie s 207.60 $9,010.71 $0.00 $6,914.14 varie s 50,819.88 $10,736,582 ***** **Assu me**  **s a ll g**  **en er** **at or** **s a nd**  **co lle**  **ct or** **s mu st**  **su bm**  **it Bie**  **nnia l R**  **ep or** 

**ts**

## 76

**EX HI**  **BIT 5**  **HA ZA**  **RDO US**  **WA ST**  **E LIS**  **T I NG**  **E XE**  **MPT IO**  **NS AN**  **NUA L E**  **ST IM**  **AT ED**  **RESPO NDENT**  **BU RDEN**  **AN D**  **COS T**  **Ho urs**  **a nd**  **Co st** **s P er**  **R es**  **pon de**  **nt Pe**  **r Act**  **ivit y**  **T o ta**  **l H ou**  **rs a**  **nd Co**  **st s** 

**Nu mb**  **er of**  **Le g.**  **Mgr .**  **Tec h.**  **Cle r.**  **Res pon**  **. La**  **bor Ca**  **pi ta**  **l/ Res**  **pon .**  **T o ta**  **l T o**  **ta l**  **IN FOR**  **MA T I**  **ON COL**  **LE CT**  **IO N**  **$107.43 $90.54**  **$44.80 $24.81**  **Ho urs**  **/ Co**  **st /**  **St ar** 

**tup O**  **& M or**  **Ho urs**  **/ Co**  **st /**  **ACT IV**  **IT Y**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **/Ho ur**  **Ye ar**  **Ye ar**  **Co st**  **Co st**  **Act iv.**  **Ye ar**  **Ye ar**  **Haz ar** **dou s W**  **as te**  **Lis ti**  **ng E**  **xe mp**  **ti on**  **s Haz**  **ar dou**  **s W as**  **te s f** **ro m N**  **on -S**  **pe cif** **ic S ou**  **rc es**  **(261.31(b)(2)(ii))** Devel op dat

a an d docu me nts to s up por t crit eria fo r e xe mp ti on 0.00 4.00 40.00 6.00 50.00 $2,303.01 $0.00 $0.00 1 50.00 $2,303.01 Ma int ai n re cor

ds 0.00 0.00 0.00 2.00 2.00 $49.62 $0.00 $13.00 1 2.00 $62.62 **Su bt** **ot al**  0.00 4.00 40.00 8.00 52.00 $2,352.64 $0.00 $13.00 1 52.00 $2,365.64 **Del et**  **io n o**  **f Ce**  **rta in H**  **az ar** **dou s W**  **as te**  **Co de**  **s F ol**  **lo wi**  **ng E**  **qu ip**  **me nt**  **Cle an**  **ing a**  **nd R**  **ep la**  **ce me**  **nt (261.35)**  Pr epar e equ ip me nt c le an ing o r re pl acem en t p la n 0.00 0.00 24.00 8.00 32.00 $1,273.69 $0.00 $13.00 1 32.00 $1,286.69 Pr epar e an d ma int

ai n d ocu me nta ti on su ppor ti ng c le an ing /r

epl acem en t o f equ ip me nt i n a ccor

dan ce wi th p la n 0.00 2.00 16.00 9.00 27.00 $1,121.17 $0.00 $1,250.00 1 27.00 $2,371.17 Pr epar e an d ma int

ai n c er ti fi catio n tha t equ ip me nt wa s cle an ed or re pl aced in accor dan ce wi th p la n 0.00 2.00 0.00 1.00 3.00 $205.89 $0.00 $0.00 1 3.00 $205.89 **Su bt** **ot al**  0.00 4.00 40.00 18.00 62.00 $2,600.74 $0.00 $1,263.00 1 62.00 $3,863.74

## 77



# EXHIBIT 5, continued

Det erm ine th atth e organic d ye s a nd/ or pigment s p roduc tio n nonwas tewat er is notK1 81 0. 00 0. 25 1. 00 0. 00 1. 25 $67.43 $0. 00 $0. 00 2 3 $135 Doc um entth e bas is f

or det erm ining th at th e organic d ye s a nd/ or pigment s produc tio n nonwas tewat er is n otK1 81 on an annual bas is 0. 00 0. 00 0. 50 0. 00 0. 50 $22.40 $0. 00 $0. 00 2 1 $45 Ke ep su pport ing doc um ent at ion on site 0. 00 0. 00 0. 00 0. 10 0. 10 $2.48 $0. 00 $0. 00 2 0 $5 **Subt ota**  **l** 0. 00 0. 25 1. 50 0. 10 1. 85 $92. 32 $0. 00 $0. 00 2 4 $185 Doc um entth e bas is f

or det erm ining th at th e annual quant ity of nonwas tewat ers ex pec te d tob e generat ed is le ss th an 1, 000 me tric to ns 0. 00 0. 25 4. 00 0. 10 4. 35 $204.32 $0. 00 $0. 00 22 96 $4, 495 Tr ac k th e ac tu al quant ity of nonwas tewat ers g enerat ed th roughout th e ye ar 0. 00 0. 00 3. 00 0. 00 3. 00 $134.40 $0. 00 $0. 00 22 66 $2, 957 Ke ep a running tota l of th e K1 81 co ns titu entma ss lo adings ove r th e co urs e of th e ca lendar ye ar 0. 00 0. 00 3. 00 0. 00 3. 00 $134.40 $0. 00 $0. 00 22 66 $2, 957 Ke ep su pport ing doc um ent at ion on site 0. 00 0. 00 0. 00 0. 10 0. 10 $2.48 $0. 00 $0. 00 22 2 $55 **Subt ota**  **l** 0. 00 0. 25 10. 00 0. 20 10. 45 $475. 60 $0. 00 $0. 00 22 230 $10, 464 Det erm ine whi ch K1 81 co ns titu ent s a re reas onably exp ec te d tob e pres entin th e was te s b as ed on te stin g 0. 00 0. 00 2. 00 0. 10 2. 10 $92.08 $0. 00 $4,637.00 8 17 $37, 833 Dev elop was tesa mp ling and analy sis plan 0. 00 0. 25 4. 00 0. 50 4. 75 $214.24 $0. 00 $0. 00 8 38 $1, 714 Col lec t a nd analy zesa mp les in ac co rdanc e wi th th e was tesa mp ling and analy sis p lan 0. 00 0. 00 2. 00 0. 25 2. 25 $95.80 $0. 00 $7,602.00 8 18 $61, 582 Rec ord analy tica l r

es ult s 0. 00 0. 00 0. 25 0. 00 0. 25 $11.20 $0. 00 $0. 00 8 2 $90 **PR OCE**  **DURES FOR** 

**D EM**  **ONS TR** 

**AT IN**  **G TH**  **AT O**  **RGANI C**  **DYES A**  **ND/ OR**  **PIG ME**  **NT S PR** **ODUCTI ON**  **NONW AS**  **TE WA**  **TE RS**  **A RE**  **NOT K181**  **(261. 32(d))**  **De te**  **rm ina**  **ti on B**  **as**

**ed on N**  **o K 181**  **Co ns** 

**ti tue**  **nts (**  **(261. 32(d)(1))** 

**De te**  **rm ina**  **ti on For Low**  **Volume Was**  **te s**  **tha t**  **Co nta**  **in K 181**  **Co ns**  **ti tue**  **nts (** **261. 32(d)(2))** 

**De te**  **rm ina**  **ti on f** 

**or H igh Volume**  **Was te**  **s wi**  **th K181**  **Co ns** 

**ti tue**  **nts (** **261. 32(d)(3))** 

## 78



# EXHIBIT 5, continued
Rec ord th e was teq uant ity r epres ent ed by th e sa mp ling and analy sis r es ult s 0. 00 0. 00 0. 25 0. 00 0. 25 $11.20 $0. 00 $0. 00 8 2 $90 Cal cu lat e co ns titu ent -s pec if ic ma ss loadings 0. 00 0. 00 1. 00 0. 00 1. 00 $44.80 $0. 00 $0. 00 8 8 $358 Ke ep a running tota l of th e K1 81 co ns titu entma ss lo adings ove r th e co urs e of th e ca lendar ye ar 0. 00 0. 00 3. 00 0. 00 3. 00 $134.40 $0. 00 $0. 00 8 24 $1, 075 Det erm ine whet her th e annual ma ss loadings a re below th e K1 81 listin g lev els 0. 00 0. 00 0. 10 0. 00 0. 10 $4.48 $0. 00 $0. 00 8 1 $36 Ke ep su pport ing doc um ent at ion on site 0. 00 0. 00 0. 00 0. 10 0. 10 $2.48 $0. 00 $0. 00 8 1 $20 If annual te stin g requirement s a re su sp ended, u sekn owl edge of th e was te tosu pportsu bs equenta nnual det erm inat ion 0. 00 0. 25 4. 00 0. 00 4. 25 $201.83 $0. 00 $0. 00 0 0 $0 If annual te stin g requirement s a re su sp ended, ke ep rec ords of th e proc es s kn owl edge inf

orm at ion us ed tosu pporta nonhaz ardous d et erm inat ion 0. 00 0. 00 0. 00 0. 10 0. 10 $2.48 $0. 00 $0. 00 0 0 $0 If th e ma nufac tu ri ng or was tetr eat me nt proc es se s g enerat ing th e was te s a re sig nif ica nt ly a lte red, r

et ain a des cript ion of th e proc es s ch ange 0. 00 0. 25 1. 00 0. 10 1. 35 $69.92 $0. 00 $0. 00 0 0 $0 **Subt ota**  **l** 0. 00 va ri es va ri es va ri es va ri es va ri es $0. 00 va ri es va ri es 111 $102, 798 Ma int ain doc um ent at ion dem ons tr at ing th ate ac h sh ipmentof was tewas rec eiv ed by ala ndfi ll ce ll su bjec t toth e landf ill d es ign sta ndards se t o utin th e listin g des cript ion 0. 00 0. 00 0. 00 0. 10 0. 10 $2.48 $0. 00 $0. 00 30 3 $74 Ke ep Rec ords of Sh ipment s 0. 00 0. 00 0. 00 0. 10 0. 10 $2.48 $0. 00 $0. 00 7 1 $17 **T o ta**  **l: Lis**  **ts o**  **f Haz**  **ar dou**  **s W as**  **te** varie s varie s varie s varie s va ri es va ri es va ri es va ri es varie s 462.00 119,750 **Fa ci**  **lit ies** 

**C laimin**  **g C ondit**  **iona l E** **xc lus** **ion f rom**  **t he**  **F0 19**  **Lis ti**  **ng ( 261.**  **31)(b)(4)(i ii)**  **RECORDKEEP IN**  **G DEM**  **ONS TR**  **AT IO**  **NS FOR** 

**U SE**  **O F A**  **PPR OP**  **RI AT**  **E LA**  **NDF ILLS (** **261. 32(d)(4))** 

## 79



# EXHIBIT 6 **Total Annual Estimated Respondent Burden and Cost from New ICRs (Finalized following approval of Previous “base” ICR (#1189.24))**  **Information Collection**  **Activity New ICRs**  **Number of Respondents**  **Total**

**Hours/Year Total Labor** 

**Cost/Year Total Capital** 

**Cost/Year Total O&M** 

**Cost/Year Total** 

**Cost/Year** Reading the Regulations 1.Solvent

Contaminated Wipes (reusable & disposable) Exclusion ( 

## # 2127.03) 2.Revisions to Exclusions for CRTs ( 

## #2455.01) 3.CO 2 

## Exclusion (#2421.04) 22,904 5,727 $291,810 $0 $0 **$291,810**

Hazardous Waste Exclusions 1(disposable)

& 2 from above varies 3,782 $89,167 $0 $99,928 **$189,095**
Solid Waste Exclusions 1(reusable) & 3

from above varies 55,592 $1,237,723 $0 $1,675,245 **$2 ,**  **912,968**


# Total Annual **Burden varies**  **65,101 1,618,700**  **$0 $1**  **, 775,173**  **$3,393,873**

## 80



# EXHIBIT **7 Total Annual**  **Estimated Respondent Burden and Cost**  **for All Activities Covered in this 2015 Renewal ICR (based on totals**  **from Exhibits 1**

**– 6)**  **Information Collection**  **Activity Number of** 

**Respondents Total** 

**Hours/Year Total Labor** 

**Cost/Year Total Capital** 

**Cost/Year Total O&M** 

**Cost/Year Total Cost/Year**  Reading the Regulations 25,507 10,282 $596,169 $0 $0 $596,169 Rulemaking Petitions varies 1,149 $54,465 $0 $110,902 $165,367 Solid Waste and Boiler Variances varies 3,746 $167,684 $0 $750 $168,434 Hazardous Waste Exclusions varies 50,440 $2,181,461 $0 $8,649,753 $10,831,214 Solid Waste Exclusions varies 59,753 $1,332,077 $0 $1,675,354 $3,007,431 Hazardous Waste Listing Exemptions varies 462 $20,578 $0 $99,188 $119,766 

# Total Annual **Burden varies**  **125,832 $4,352,434**  **$0 $10,535,947**  **$14,888,381**

## 81

**EX HI**  **BIT 8**  **AN NUA**  **L E ST**  **IM AT**  **ED AGE**  **NC Y**  **BU RDEN**  **AN D**  **COS T**  **Ho urs**  **a nd**  **Co st** **s P er**  **R es**  **pon de**  **nt Pe**  **r Act**  **ivit y**  **T o ta**  **l H ou**  **rs a**  **nd Co**  **st s**  **Nu mb**  **er of**  **Le g.**  **Mgr .**  **Tec h.**  **Cle r.**  **Res pon**  **. La**  **bor Res**  **pon .**  **T o ta**  **l T o**  **ta l**  **IN FOR**  **MA T I**  **ON COL**  **LE CT**  **IO N**  **$70.02 $69.80**  **$35.58 $26.55**  **Ho urs**  **/ Co**  **st /**  **or Ho**  **urs /**  **Co st**  **/ ACT**  **IV IT**  **Y /Ho**  **ur /Ho**  **ur /Ho**  **ur /Ho**  **ur Ye**  **ar Ye**  **ar Act**  **iv. Ye**  **ar Ye**  **ar** Revi ew o f E qu iva le nt M etho ds Pe ti ti on s (260.20 a nd 260.21) Revi ew g en er al p etitio n i nfo rm atio n 0.00 3.00 20.00 0.00 23.00 $921.00 1 23.00 $921.00 Requ est a ddi ti on al i nfo rm atio n i f re qu ir ed 0.00 0.00 2.00 1.00 3.00 $97.71 1 3.00 $97.71 En te r i nfo rm atio n i nto a d at abase 0.00 0.00 6.00 2.00 8.00 $266.58 1 8.00 $266.58 Hol d me eting s 0.00 1.00 8.00 0.00 9.00 $354.44 1 9.00 $354.44 Del ib er at e 0.00 2.00 18.00 0.00 20.00 $780.04 1 20.00 $780.04 Ma ke a dr

af t d et ermina ti on , a nd pu bl ish d ra ft F eder

al R egi st

er N otice 10.00 3.00 25.00 4.00 42.00 $1,905.26 1 42.00 $1,905.26 Revi ew c om me nts a nd d el ib er at e 4.00 2.00 10.00 0.00 16.00 $775.46 1 16.00 $775.46 Ma ke det

ermina ti on a nd p ub lish fi na l Fe der al R egi st

er no ti ce 6.00 2.00 24.00 5.00 37.00 $1,546.37 1 37.00 $1,546.37 Su bt ot al 20.00 13.00 113.00 12.00 158.00 $6,646.86 1 158.00 $6,646.86 Revi ew o f D el isting P etitio ns (260.20 a nd 260.22) Revi ew g en er al p etitio n i nfo rm atio n 3.60 0.90 59.82 5.40 69.72 $2,586.44 2 139.43 $5,172.88 Requ est a ddi ti on al i nfo rm atio n i f re qu ir ed 3.60 0.90 18.44 1.80 24.74 $1,018.62 2 49.48 $2,037.23 En te r i nfo rm atio n i nto a d at abase 0.00 0.00 7.65 0.00 7.65 $272.05 2 15.29 $544.11 Hol d me eting s 1.35 3.15 3.15 1.35 9.00 $462.07 2 17.99 $924.13 Del ib er at e* 11.24 3.60 26.09 3.60 44.53 $2,062.15 2 89.06 $4,124.30 Ma ke a dr

af t d et ermina ti on , a nd 0.00 0.00 0.00 0.00 0.00 pu bl ish d ra ft F eder

al R egi st

er N otice 3.60 11.24 44.53 9.00 68.37 $2,859.88 2 136.73 $5,719.75 Revi ew c om me nts a nd d el ib er at e 7.20 11.24 37.33 0.00 55.77 $2,616.94 2 111.54 $5,233.88 Ma ke det

ermina ti on a nd p ub lish fi na l 0.00 0.00 0.00 0.00 0.00 Fe der al R egi st

er no ti ce 7.20 1.80 9.45 1.80 20.24 $1,013.27 2 40.48 $2,026.54 Su bt ot al 37.78 32.83 206.45 22.94 300.00 $12,891.41 varie s 600.00 $25,782.83

## 82



# EXHIBIT **8 , continued** 
**Rev ie**  **w of** 

**S ol**  **id W**  **as te**  **a nd**  **Bo ile**  **r Va**  **ri an**  **ce D**  **em on**  **st ra**  **ti on**  **s (260.31(a ),(b**  **), (c), 260.32, a**  **nd 260.33(a**  **))** Revi ew the d em on stra ti on s 0.00 2.20 18.16 0.00 20.36 $799.68 31 631.12 $24,790.17 Requ est a ddi ti on al i nfo rm atio n i f ne cessar y 0.00 0.00 0.55 1.65 2.20 $63.40 31 68.23 $1,965.47 Del ib er at e an d issu e dr

af t d et ermina ti on 3.85 1.65 25.31 2.20 33.01 $1,343.91 31 1,023.44 $41,661.08 Pu bl icize dr

af t d et ermina ti on 0.00 0.00 1.65 4.40 6.05 $175.60 31 187.63 $5,443.56 Hol d he aring , i f re qu ir

ed 0.00 0.55 22.01 1.65 24.21 $865.34 31 750.53 $26,825.53 Revi ew c om me nts a nd m ake fi na l det ermina ti on 2.20 1.65 23.11 2.20 29.16 $1,150.02 31 904.04 $35,650.50 Su bt ot al 6.05 6.05 90.79 12.11 115.00 $4,397.95 31 3,565.00 $136,336.31 **Rev ie**  **w of** 

**H az**  **ar dou**  **s W as**  **te E**  **xc lus**  **io n P**  **et it**  **io ns**  **(261.3 a nd**  **261.4)** File no nwa st

ewat er no ti fi catio n 0.00 0.00 1.00 1.00 2.00 $62.13 1 2.00 $62.13 Revi ew , a ppr

ove, o r d en y, a nd k eep re cor ds of the no ti fi catio ns a nd up dat es 0.00 0.00 2.00 0.25 2.25 $77.80 20 45.00 $1,555.96 Revi ew a nd k eep re cor

ds of a ppl ica ti on s 0.00 0.00 0.25 0.25 0.50 $15.53 0 0.00 $0.00 Pr ocess ha z. m at

eria ls gen er

at or no ti fi catio n 0.00 0.00 0.25 0.10 0.35 $11.55 8 2.80 $92.40 Pr ocess zi nc fe rti lizer

m an ufa cture r no ti fi catio n 0.00 0.00 0.25 0.10 0.35 $11.55 2 0.70 $19.29 Pr ocess zi nc fe rti lizer

m an ufa cture r a nnua l re por t 0.00 0.00 1.00 0.10 1.10 $38.24 5 5.50 $191.18 Revi ew re qu est s fo r q ua nti ty i nc re ases fo r tre at abi lit y stud y an d issu e deci sio n 0.00 0.00 3.00 0.00 3.00 $106.74 1 3.00 $106.74 Revi ew re qu est s fo r two -y ear

e xte ns io n of tre at abi lit y stud y an d issu e deci sio n 0.00 0.00 3.00 0.00 3.00 $106.74 1 3.00 $106.74 File no ti fi catio n o f te sting o f tre at abi lit y sam pl e 0.00 0.00 1.00 1.00 2.00 $62.13 2 4.00 $124.26 File a nnua l re por

t o n tre at abi lit y stud y te sting 0.00 0.00 1.00 1.00 2.00 $62.13 2 4.00 $124.26 File te rm ina ti on l et

te r o f tre at

abi lit y stud y te sting 0.00 0.00 1.00 1.00 2.00 $62.13 2 4.00 $124.26 **Rev isio**  **ns t** **o the**  **H ead**  **wo rk**  **s E xc**  **lus io**  **n a t**  **261.3(a )(2)(iv)(A), (B), (D**  **), (F ) a**  **nd (G)**  Revi ew s it e-speci fi c sam pl ing p la ns 0.00 0.10 0.50 0.00 0.60 $24.77 604 362.20 $14,953 Revi ew up dat ed sit e-speci fi c sam pl ing p la ns 0.00 0.00 0.15 0.00 0.15 $5.34 27 4.05 $144

## 83



# EXHIBIT 8 **, continued**
**Ex por**  **t No**  **ti fi**  **ca ti**  **on f** 

**or U**  **se d**  **CR T s**  **D es**  **ti ne**  **d fo**  **r Rec**  **yclin g**  **(261.39(a )(5))**  Revi ew no ti fi catio n s ub mit

te d by an e xp or

te r o f us ed CR Ts to d et

ermine whe the r o r no t the no ti fi catio n i s com pl et

e 0.00 0.00 1.00 0.00 1.00 $35.58 256 256.00 $9,108.60 So licit fo rm e xp or

te r, a ddi ti on al i nfo rm atio n re qu est ed by the re cei vin g cou ntry 0.00 0.00 0.50 0.10 0.60 $20.45 26 15.60 $541.45 Pr ovi de, i n c onjunc ti on wi th the D epar tm en t o f St at e, the c om pl et

e no ti fi catio n to the re cei vin g cou ntry 0.00 0.00 0.00 0.16 0.16 $4.25 256 40.96 $1,184.72 Fo rwa rd the re cei vin g/tra ns it c ou ntry 's wri tte n con sen t to the re cei pt

o f us ed CR Ts to the expor te r 0.00 0.00 0.00 0.16 0.16 $4.25 0 0.00 $0.00 Se nd wri tte n no ti fi catio n to the e xp or te r i f the re cei vin g/tra ns it

c ou ntry o bj ect

s to the re cei pt

o f the us ed CR Ts o r wi thd ra ws a p ri or c on sen t 0.00 0.00 0.50 0.10 0.60 $20.45 0 0.00 $0.00 File c opi es of

no ti fi catio ns , c on sen ts , a nd o the r re la te d docu me nts 0.00 0.00 0.00 0.10 0.10 $2.65 538 53.80 $1,428.32 **Ex por**  **t No**  **ti fi**  **ca ti**  **on f** 

**or U**  **se d**  **CR T s**  **D es**  **ti ne**  **d fo**  **r Reu**  **se (261.41)**  Revi ew no ti fi catio n s ub mit

te d by expor

te r o f us ed CR Ts 0.00 0.00 0.50 0.00 0.50 $17.79 5 2.50 $88.95 File c opi es of

no ti fi catio n 0.00 0.00 0.00 0.10 0.10 $2.65 5 0.50 $13.27 Su bt ot al 0.00 0.10 16.90 5.52 22.52 $754.84 varie s 809.61 29969.32 **T O T A**  **L: AGE**  **NC Y**  **ACT IV**  **IT IE**  **S va**  **ri es**  **va ri**  **es va**  **ri es**  **va ri**  **es va**  **ri es**  **va ri**  **es va**  **ri es**  **5,133 $198,735** 

## 84



# EXHIBIT 9 **Total Annual Estimated Agency Burden and Cost from New ICRs (Finalized following approval of Previous “base” ICR (#1189.24))** 

**ICR Total Hours/Year**  **Total Labor Cost/Year Total O&M Cost/Year**  **Total Cost/Year** Solvent

- Contaminated Wipes (reusable & disposable) Exclusion (#2127.03) 

# 0 $0 $0 $0
Revisions to Exclusions for CRTs (#2455.01) 

# 53 $3,172 $0 $3,172 CO 2 

## Exclusion (#2421.04) 

# 0.5 $23 $0 $23 **Total 53.5**  **$3,195 $0**  **$3,195**

**EXHIBIT 10 Total Annual Agency Burden and Cost for All Activities**  **Covered in this 2015 Renewal ICR (based on totals from Exhibit**  **s 8**  **and 9) Activities**  **Total Hours/Year Total Cost/Year**  **Exhibit 8 5,133**  **$198,735 Exhibit 9**  **54 $3,195** 

**Total 5,187**  **$201,930**

## 85



# 6(e) **BOTTOM LINE BURDEN HOURS AND COSTS Respondent Tally**  As shown in Exhibit 7 , EPA estimates a total respondent burden of 125 , 832 hours per ye ar at a cost of $1 4 , 888 , 381 . The bottom line burden to respondents over three ye ars is 377 , 496 hours, with a cost of approximately $ 44 , 665 , 143
. **Agency Tally**  As shown in Exhibit 10 , EPA estimates an annual Agency burden of 5 , 187 hours at a cost of $ 201,930 per ye ar. The bottom line burden to the Agency over three years is 15,561 hours, at a cost of $ 605,790
. **6(f) REASONS FOR CHANGE IN BURDEN**  This ICR (i.e., #1189.2 6 ) consolidates and replaces four previousl y finalized/approved ICRs on the Part 260 and 261 paperwork requirements. The ICR entitled, “Identification, Listing, and Rulemaking Petitions (Renewal),” ICR #1189.2 4 , was the previousl y approved “base” ICR for the Part 260 and 261 requirements. The ICR s entitled, “ Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent

- Contaminated Wipes (Final Rule) ,” ICR #2127
. 03 , “Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule

– Final Rule,” ICR #2455.01, and “Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO 2) 

# Streams in Geological Sequestration Activities

– Final Rule,” ICR #2421.04, are new ICRs. Thi s current ICR (#1189.2 6 ) replaces ICR #1189.2 4, #2127.03, #2455.01 and #2421.03 and , therefore , becomes the new “base” ICR for the Parts 260 and 261 paperwork requirements. The annual respondent burden in this current “base” ICR (#1189.2 6 ) is estimated to be 125,832 hours, which is a de crease of 8,192 hours from the previousl y finalized/approved ICRs. The burden decrease is an adjustment to the existing estimates based on data gathered through consultations with EPA Regional and State Offi ces and the regulated community, not due to program changes. In the new “base” ICR for “Identification, Listing and Rulemaking Petitions (Renewal),” ICR #1189.26, EPA estimates a total respondent burden of 125,832 hours per year. This is an increase of 56,909 hours from the previousl y approved “base” ICR (#1189.24) burden of 68,923 hours per ye ar. This increase in respondent burden results entirel y from consolidation of three new rulemaking ICRs with ICR #1189.24. The ICRs entitled, “Conditional Exclus ions from Solid Waste and Hazardous Waste for Solvent

- Contaminated Wipes (Final Rule),” ICR #2127.03, “Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule

– Final Rule,” ICR #2455.01, and “Hazardous Waste Management System: Conditional Ex clusion for Carbon Dioxide (CO 2) 

# Streams in Geological Sequestration Activities

– Final Rule,” ICR #2421.04, are the three new rulemaking ICRs. EPA estimated a total respondent burden of 65,101 hours per ye ar for the three new rulemaking ICRs and a decrea se of 8,192 hours for ICR

## 86



# 1189.24 (a net increase in respondent burden of 56,909 hours). Therefore, the new “base” IC R (#1189.26), which replaces the following four ICRs (#1189.24, #2127.03, #2455.01, and #2421.03) will have a total estimated respondent b urden of 125,832 hours (68,923 + 56,909) per ye ar. Based on consultations with EPA Regions, States , and the regulated community, EPA believes that the annual estimate for the number of respondents that will prepare and submit new delisting petitions to the Regions will decrease from 20 per year , the number included in the previous base ICR (#1189.2 4 ) , to 2 per ye ar . Also , based on consultations with EPA Regions, States, and the regul ated community, EPA will continue to use its previous estimate of 455 hours for the amount of time respondents will spend on preparing the delisting petitions and 300 hours for the amount of time the Agency will spend for reviewing the delisting petitions. See the attached “Burden Estimate Methodology” for the rationales. **6(g) BURDEN STATEMENT**  The annual public reporting and recordkeeping burden for this collection of information is estimated to average about half an hour per response. The annual public reporting and recordkeeping burden for each type of petition or demonstration submitted under provisions covered in this collection of information is estimated as average hours per respondent (see Exhibit 8 below).

## 87



# 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 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 respond to a collection of information; search data sources; complete and review the collection of information; and transmit or other wise 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
- 201 5
- 0 107 , which is available for online viewing at http://www.regulations.gov , or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Docket Center Public Reading Room is open from 8: 3 0 a.m. to 4:30 p.m., Monday

**EX HI**  **BIT 11**  **AV ERA**  **GE R**  **ESPO NDENT**  **BU RDEN**  **Ave ra**  **ge Ave**  **ra ge**  **Rep or**  **ti ng**  **Rec or** **d Bu**  **rd en**  **p er**  **Ke ep**  **ing Res**  **pon de**  **nt Bu**  **rd en**  **p er**  **T y pe**  **o f**  **Pe ti**  **ti on**  **o r**  **Dem on**  **st ra**  **ti on**  **Res pon**  **de nt**  (ho urs /r espon den t) Eq uiv al en t M etho ds Pe ti ti on s 239.00 1.75 Del isting P etitio n 455.00 1.75 So lid W ast

e Va ri an ce 121.00 1.75 Bo ile r V aria nc e 116.00 1.75 Wast ewat er E xe mp ti on 28.00 1.75 Non wa st ewat er E xe mp ti on 3.50 2.25 Wood Pr

eser vin g Pr ocesses Exclu sio n 18.50 1.75 Mine ra l Pr

ocessi ng E xc lus io n 0.00 1.75 Zinc F er ti lizer E xc lus io n 3.52 3.05 Chro mium Exem ptio n 28.00 1.75 Exem ptio n fo r S am pl es 21.00 1.75 Exem ptio n fo r T re at

abi lit y Stud y Sa mp le s 16.00 5.75 Exem ptio n fo r T re at

abi lit y Stud y Sa mp le s Un der goi ng Tes ti ng 21.00 2.75 Exem ptio n fo r W ast

e fro m Non -S peci fi c So urc es 0.00 53.75 Eq uip me nt Cl ean ing a nd R epl acem en t 0.00 63.75 Lis ti ng E xe mp ti on fo r Org an ic Dyes an d Pig me nts Pr odu ctio n N on wa st

ewat er s 0.00 28.18 Exclu sio n fo r re cyclin g of U sed CR Ts 4.90 1.95 Revi sio ns to H eadworks Exclu sio n 26.50 2.25 F019 Lis ti ng E xe mp ti on 0.00 1.89 So lve nt-Co nta mina te d Wi pes Exclu sio n 0.00 0.96 Revi sio ns to E xc lus io ns fo r CR Ts 3.24 1.16 CO 2 E xc lus io n 0.00 18.38

## 88



# through Friday , excluding legal holidays. The telephone number for the Re ading Room is (202) 566
- 1744, and the telephone number for the OSWER 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 No. EPA

- HQ
- RCRA
- 201 5
- 0 107 and O MB control number 2050

- 0053 in any

correspondence.

## 89 

# ATTACHMENT **INFORMATION COLLECTION REQUEST 1189.2 6**  **BURDEN ESTIMATE METHODOLOGY**



# Introduction 40 CFR Parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. This application process entails some amount of burden that is shouldered by the regulated community

and EPA staff. In accordance with the 1995 Paperwork Reduction Act (as amended), EPA must estimate respondent and Agency burden associated with all regulatory activities, including the petitions, variances, exclusions, and exemptions allowed for in 40 CFR Parts 260 and 261. Once burden estimates are developed, EPA submits an Information Co llection Request (ICR) to the Office of Management and Budget (OMB) for approval. This document describes the methodology

for updating burden estimates for the renewal of the ICR covering the regulatory

activities cited above. The Regional, State, and ind ustry officials were consulted in order to obtain data needed to update and/or verify

respondent and EPA burden estimates for these regulatory activities. These consultations are described below. The consultations occurred during the months of April and May 201 5
. 

# Summary of Consultations **Bill Gidley** , Nebraska Department of Environmental Quality (402

- 471
- 4495), reported that no delisting petitions were submitted or processed during the past three ye ars. Three sampling and anal ys is plans were submitted. He could not quantify how long the plans took to process. **Thomas Mellott** , Pennsylvania Department of Environmental Protection (717

- 783
- 3390), stated that no delisting petition was submitted in the past three ye ars. In the same time frame, Pennsylvania did not have any sampling and analysis plans submitted. **Mark Dennen** (401

- 222
- 2797 ext. 7112) and Yan Li (401

- 222
- 2797 ext. 7529), Rhode Island Department of Environmental Management, stated that, in the last three ye ars, Rhode Island did not receive any delisting petitions. They received two sampling and anal ys is plans, which they estimate took one year to process. Rhode Island received four solid waste variance requests. They anticipate that it will take fifty hours to complete the review for each over a three

- month period. **Ed Hammerberg** , Maryland Department of the Enviro nment (410

- 537
- 3356), reported that Maryland is not authorized for delisting petitions. They have not received any

requests for exclusions, variances, or exemptions over the past three ye ars or received any sampling and anal ys is plans.

## 90



# Candice Callahan , IBM Burlington, Vermont (802

- 769
- 0579), reported that one delisting petition was submitted to Region 1 in July 2008, and the sampling and analysis plan was approved in January

2011. A total of approximately $17,000, approximately

$1000 annually thereafter

- (not including internal IBM labor costs), was spent on the petition. The petition took approximately

300 hours. The final delisting was issued in September 2012 (a little over 4 years for the petition to go through the delisting review and rulemaking proc ess). **Tom Noble** , John Deere Des Moines Works, Iowa (515

- 289
- 3445), stated that the delisting petition was submitted to Region 7 the week of 1/28/14. The original sampling and anal ys is plan was submitted the week of 3/21/11, and the revised sampling and analysis plan was submitted the week of 7/17/12. An estimated total of $107,500 and 516 hours were spent on the petition. Once the petition was submitted to EPA, it took about 10 months for the petition to go through the delisting review and rulemaking proces s, which was completed the week of 11/25/14.

## 91


# Estimates of Burden The estimates of burden associated with all regulatory activities identified in the Id entification, Listing and Rulemaking Petitions ICR are a combination of burden which has been updated for existing activities based on the information obtained from the consultations described above and burden associated with new ICRs that have been finalized following approval of the previous base ICR (#1189.24)
. The ICR s entitled, “ Conditional Ex clusions from Solid Waste and Hazardous Waste for Solvent

- Contaminated Wipes (Final Rule) ,” ICR #2127
. 03 , “Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule

– Final Rule,” ICR #2455.01, and “Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO 2) 

# Streams in Geological Sequestration Activities

– Final Rule,” ICR #2421.04, are the new ICRs. The burden associated with these new ICRs is presented in Exhibits 6 and 9 of the above supporting statement. The assessments made based on the information obtained from the consultations are described below
. If no information was obtained or available on an activity, it was assumed that the burden information contained in the previous ly approved base ICR (#1189.2 4 ) did not chan ge for that activity
. **Delisting Petitions** As a result of the consultations with Region 1 (no petition s submitted in the past three ye ars), Region 3 (no petitions submitted in the past three ye ars), Region 6 ( no petitions submitted in the past three years), Region 7 ( one petition submitted in the past three years), Region 9 (no petitions submitted in the past three years), Region 10 (no petition s submitted in the past three ye ars), the State of Nebraska (no petitions submitted in the past three years), the Commonwealth of Pennsylvania (no petition s submitted in the past three years), and the State of Rhode I sland (no petitions submitted in the pas t three ye ars), the estimate for the total number of delisting petitions submitted to Regions/States for review has been reduced from 20 per ye ar , the number included in the previous base ICR (#1189.2 4 ) , to 2 per ye ar . Based on the information above, it is estimated that the consulted Regions and States, together, review approximately 1 petition each year. It is estimated that 1 additional petition per year will be reviewed by the remaining EPA Regions and States with delisting authorization. The estimated respondent hourly burden is based on information collected from Candice Callahan (IBM) and Tom Noble (John Deere) . They estimated 300 hours and 516 hours were spent on preparing the petition . Th e average result is similar to the 455 hours per petition estimated under the previous base ICR (#1189.24) . They did not differentiate such hours between the administrative requirements under section 260.20 and the information requirements under section 260.22. Based on this limited information, the total hourly respondent burden is unchanged from an estimated 455 hours used in the previous base ICR (#1189.24)
. The estimated Agency

burden for reviewing a delisting petition is also unchanged from the 300 hours used in the previous base ICR (#1189.24). This i s because only one petition was submitted to the consulted Regions/States for review, therefore, it is difficult to base an estimate on just one response.

## 92



# Solid Waste and Boiler Variances Based on consultations with State representatives, there have not been many requests recentl y for variances from classification as a solid waste. Onl y four request s for a variance from classification as a solid waste w ere received and all four were receive d by Rhode Island. The estimated 50 hours for reviewing each variance is same as estimated in the previous base ICR (#1189.24). Therefore, it seems reasonable not to change the respondent burden hour estimates for solid waste and boiler variances included in the previous ICR (#1189.2 4 ). **Hazardous Waste Exclusions/Exemptions** Based on consultations with State representatives, there is not much information available on facilities requesting hazardous waste exclusions/exemptions. Therefore, it does not make sense to change the respondent burden hour estimates for hazardous/solid waste exclusions and exemptions included in the previous ICR (#1189.2 4 ). **Hazardous Waste Listing Exemptions** Based on consultations with State representatives, there is no information available on facilities claiming hazardous waste listing exemptions. Therefore, it does not make sense to change the respondent burden hour estimates for hazardous waste listing exemptions included in the previous ICRs (#1189.2 4 ).