### SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 261.15

"NOTIFICATION OF REGULATED WASTE ACTIVITY"

January, 2006TABLE OF CONTENTS

1. IDENTIFICATION OF THE IN FORMATION COLLECTION.................................... 1 1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION .................. 1 1(b) CHARACTERIZATION OF THE INFORMATION COLLECTION ................ 1 1(c) ESTIMATED BURDEN HOURS AND COST OF THE INFORMATION

COLLECTION ................................................................................................... 5

2. NEED FOR AND USE OF THE COLLECTION ........................................................... 6 2(a) NEED AND AUTHORITY FOR THE COLLECTION ...................................... 6 2(b) USE AND USERS OF THE DATA .................................................................... 6

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 6 3(a) NONDUPLICATION ......................................................................................... 6 3(b) PUBLIC NOTICE .............................................................................................. 6 3(c) CONSULTATIONS ........................................................................................... 7 3(d) EFFECTS OF LESS FREQUENT COLLECTION ............................................. 7 3(e) GENERAL GUIDELINES ................................................................................. 7 3(f) CONFIDENTIALITY ......................................................................................... 8 3(g) SENSITIVE QUESTIONS ................................................................................. 8

4. RESPONDENTS AND THE INFORMATION REQUESTED ....................................... 8

4(a) RESPONDENTS AND NAICS CODES ............................................................. 8 4(b) INFORMATION REQUESTED ......................................................................... 9

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION

METHODOLOGY, AND INFORMATION MANAGEMENT .................................... 11 5(a) AGENCY ACTIVITIES ................................................................................... 11 5(b) COLLECTION METHODOLOGY AND MANAGEMENT ............................ 12 5(c) SMALL ENTITY FLEXIBILITY ..................................................................... 12 5(d) COLLECTION SCHEDULE ............................................................................ 12

6. ESTIMATING THE BURDEN AND COST OF COLLECTION ................................ 13 6(a) ESTIMATING RESPONDENT BURDEN ....................................................... 13 6(b) ESTIMATING RESPONDENT COSTS ............................................................ 14 6(c) ESTIMATING AGENCY BURDEN AND COST ............................................ 14 6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND

COSTS 17

6(e) BOTTOM LINE BURDEN HOURS AND COSTS ......................................... 19 6(f) REASONS FOR CHANGE IN BURDEN ........................................................ 19 6(g) BURDEN STATEMENT .................................................................................. 191

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This ICR is titled "Notification of Regulated Waste Activity (Renewal)," EPA ICR

number 0261.15, OMB Control Number 2050-0028.

1(b) CHARACTERIZATION OF THE INFORMATION COLLECTION

The Resource Conservation and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires EPA to establish a national regulatory program to ensure that regulated wastes are managed in a manner protective of human health and the environment. Section 3010 of Subtitle C of RCRA, as amended, requires any person who generates, transports, or recycles regulated waste or who owns or operates a facility for the treatment, storage, or disposal of regulated waste to notify EPA of their waste activities, including the location and general description of the activities and the regulated wastes handled.

In 1980, EPA created a standard form (EPA Form 8700-12) to be used by the general public to notify EPA of their regulated waste activities and satisfy the statutory requirements of Section 3010. EPA revised EPA Form 8700-12 (also known as the Notification Form) in 1986 to make it compatible for use with the RCRA Information System (RCRIS) and has revised it periodically thereafter to incorporate new or revised notification requirements. In 1999, EPA revised the Notification Form based on new notification requirements for universal waste

handlers and destination facilities.

The Notification Form is the vehicle by which most generators, handlers, and managers of regulated waste notify EPA of their regulated waste activities. It also is used by them to acquire an EPA Identification Number. However, as discussed below and throughout this ICR, large quantity handlers of universal waste and used oil handlers have the option of using a letter in lieu of submitting the Notification Form.

This ICR provides a discussion of all of the notification requirements for facilities generating, handling, or managing regulated wast es. These regulated wastes include hazardous wastes as defined by 40 CFR Part 261, universal wastes as defined by 40 CFR Part 273, and used oil as defined by 40 CFR Part 279. Because there are different notification requirements and data items for each of these regulated wastes, the notification requirements for each type of regulated waste are described separately in sections 1 and 4 of this ICR. However, the Agency activities that are described in section 5 and the burden estimates that are presented in section 6 of this ICR are not broken out by type of regulated waste.2 Hazardous Waste Activity

Facilities that generate, transport, recycle, treat, store, or dispose of hazardous waste as defined by 40 CFR Part 261 must notify EPA of their hazardous waste activities and obtain an EPA Identification Number. All of these facilities are required to use the Notification Form (EPA Form 8700-12) to notify EPA of their hazardous waste activities. These notification requirements are codified at 40 CFR Parts 262, 263, 264, 265, 266, 270, and 273. The specific notification requirements for each of these parts are described below and listed in Table 1.

40 CFR Parts 262, 263, 264, and 265 include the notification requirements for generators, transporters, and owners or operators of permitted and interim status treatment, storage and disposal facilities (TSDFs), respectively. Sections 262.12, 263.11, 264.11, and 265.11 list the specific notification requirements. Persons regulated under these sections must obtain an EPA Identification Number before treating, storing, transporting, offering for transport, or disposing

of hazardous waste.

40 CFR Part 266, Subpart D includes notification requirements for generators and transporters; storers; and users of recyclable materials that are used in a manner that constitutes disposal. Specifically, sections 266.21, 266.22, and 266.23 subject generators and transporters of these materials; storers who are not the ultimate users; and users, respectively, to the notification requirement under section 3010 of RCRA. In addition, these sections also subject these same generators and transporters; storers; and users to all of the applicable requirements of 40 CFR Parts 262 and 263; Parts 264 and 265, Subparts A through L; and Parts 264 and 265, respectively, that include the specific mechanics for implementing the notification requirements

as described in sections 262.12, 263.11, 264.11, and 265.11.

40 CFR Part 266, Subpart F includes notification requirements for generators, transporters, and storers of recyclable materials that are utilized for precious metal recovery. Specifically, section 266.70(b)(1) subjects these facilities to the RCRA section 3010 notification requirements.

40 CFR Part 266, Subpart G includes notification requirements for owners or operators ofinterim status and permitted TSDFs that store spent lead-acid batteries (other than spent leadacid batteries that are regenerated) before reclaiming them. Specifically, section 266.80(b)(1)(i) requires interim status TSDFs that store these batteries before reclaiming them meet the notification requirements of section 3010 of RCRA. In addition, section 266.80(b)(2)(i) requires permitted TSDFs that store these batteries before reclaiming them meet the notification requirements of section 3010 of RCRA.3 40 CFR Part 266, Subpart H includes notification requirements for facilities that burn or process hazardous waste in a boiler or industrial furnace (BIF). Subpart H also subjects generators, transporters, and storers (including processors, blenders, and distributors of hazardous waste fuel) of hazardous waste that is burned or processed in a BIF to the notification requirements of 40 CFR Parts 262, 263, and 264 and 265, respectively. Specifically, sections 266.100(c)(1)(i) and 266.100(f)(1) require that owners or operators of smelting, melting, and refining furnaces that processes hazardous waste either solely for metals recovery or for recovery of economically significant amounts of certain precious metals, respectively, to provide a

written, one-time notification of their hazardous waste activities. In addition, sections 266.101(a), 266.101(b), and 266.101(c) require that generators, transporters, and storers of hazardous waste that is burned or processed in a BIF follow specific notification requirements and procedures of sections 262.12, 263.11, and 264.11 and 265.11, respectively. Further, sections 266.102(a)(2)(ii) and 266.103(a)(4)(ii) subject owners or operators of permitted and interim status BIFs that burn or process hazardous waste, respectively, to 40 CFR Parts 264 and 265, Subpart B, which includes the section 264.11 and 265.11 notification requirements. Finally, section 266.108(d) requires that facilities that qualify for the small quantity on-site burner exemption to provide a written, one-time notification of their hazardous waste activities.

40 CFR Part 270 prescribes the timing for notification of hazardous waste activities due to the listing of a hazardous waste in 40 CFR Part 261. Specifically, section 270.1(b) requires that "not later than 90 days after the promulgation or revision of regulations in Part 261 (identifying and listing hazardous wastes), genera tors and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under Section 3010."

40 CFR Part 273, Subpart D describes certain conditions under which a transporter of universal waste may be subject to the section 3010 notification requirements of RCRA. Specifically, section 273.54 makes transporters who determine that any material resulting from a release of universal waste is a hazardous waste subject to 40 CFR Part 262. As a result, section 273.54 may also make them, in certain circumstances, subject to the section 262.12 notification requirements and procedures.

40 CFR Part 273, Subpart E includes notification requirements for destination facilities of universal waste. Specifically, section 273.60(a) subjects owners or operators of destination facilities to the notification requirement under section 3010 of RCRA. Section 273.60(a) also subjects destination facilities to all applicable requirements of 40 CFR Parts 264, 265, 266, 268, and 270, which include the section 264.11 and 265.11 notification requirements and procedures.4

Table 1 Hazardous Waste Notification Requirements

40 CFR Regulatory

Citation Regulated Entity

§262.12 Hazardous Waste Generators

§263.11 Hazardous Waste Transporters

§264.11 Permitted Hazardous Waste Treatment, Storage, and Disposal Fac ilities

§265.11 Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities

§266.21 Generators and Transporters of Recyclable Materials Used in a Manner Constituting Disposal

§266.22 Storers of Recyclable Materials Used in a Manner Constituting Disposal

§266.23 Users of Recyclable Materials in a Manner Constituting Disposal

§266.70(b)(1) Generators, Transporters, and Storers of Recyclable Materials Utilized for Precious Metal Recovery

§266.80(b)(1)(i) Interim Status TSDFs Storing Spent Lead-Acid Batteries (other than Spent Batteries that are to be Regenerated) before Reclamation

§266.80(b)(2)(i) Permitted TSDFs Storing Spent Lead-Acid Batteries (other than Spent Batteries that are to be Regenerated) before Reclamation

§266.100(c)(1)(i) Smelting, Melting, and Refining Furnaces Processing Hazardous Waste Solely for Metal Recovery

§266.100(f)(1) Smelting, Melting, and Refining Furnaces Processing Hazardous Waste for Recovery of Significant Amounts of Certain Precious Metals

§266.101(a) Generators of Hazardous Waste Burned in Boilers or Industrial Furnaces

§266.101(b) Transporters of Hazardous Waste Burned in Boilers or Industrial Furnaces

§266.101(c) Storers of Hazardous Waste Burned in Boilers or Industrial Furnaces

§266.102(a)(2)(ii) Permitted Boilers and Industrial Furnaces

§266.103(a)(4)(ii) Interim Status Boilers and Industrial Furnaces

§266.108(d) Burners of Small Quantities of Hazardous Waste in On-Site Boilers or Industrial Furnaces

§270.1(b) Generators and Transporters of, and TSDFs Managing Newly Listed Hazardous Wastes

§273.54 Transporters of Universal Waste That is Released and Determined to be Hazardous Waste

§273.60(a) Universal Waste Destination Facilities

Universal Waste Activity

Large quantity handlers of universal waste must notify EPA of their universal waste activities and obtain an EPA Identification Number. These notification requirements are codified at 40 CFR Part 273, Subpart C. Specifically, section 273.32(a) requires large quantity5 handlers of universal waste to have notified EPA of their universal waste handling activities and received an EPA Identification Number prior to meeting or exceeding the 5,000 kilogram storage limit, unless they already have notified EPA, as provided by section 273.32(a)(2) or 273.32(a)(3). Section 273.32(b) prescribes the contents of the notification. Large quantity handlers of universal waste have the option of using a letter in lieu of submitting the Notification

Form.

Used Oil Management Activity

Used oil handlers must notify EPA of their used oil management activities and obtain an EPA Identification Number. These notification requirements are codified at 40 CFR Part 279. Specifically, sections 279.42, 279.51, 279.62, and 279.73 require used oil transporters and transfer facilities, used oil processors and re-refiners, burners of off-specification used oil, and used oil fuel marketers, respectively, who have not previously complied with RCRA Section 3010 requirements (under 40 CFR Part 266, Subpart E) to comply with these requirements and obtain an EPA Identification Number. These used oil handlers have the option of using a letter in lieu of submitting the Notification Form.

Table 2 Used Oil Notification Requirements

40 CFR Regulatory

Citation Regulated Entity

§279.42 Used Oil Transporters and Transfer Facilities

§279.51 Used Oil Processors and Re-Refiners

§279.62 Burners of O ff-Specification Used Oil

§279.73 Used Oil Fuel Marketers

1(c) ESTIMATED BURDEN HOURS AND COST OF THE INFORMATION

COLLECTION

Section 6 of this supporting statement provides detailed information on the Agency’s estimate of the annual burden on the regulated community for complying with the information collection requirements. EPA estimates that 13,487 regulated waste generators, handlers, and managers will submit initial notifications and 42,428 regulated waste generators, handlers, and managers will submit subsequent notifications to EPA each year during the three years covered by this ICR. The total annual estimated burden is 100,307 hours, at annual cost of $9,689,561.00.

2. NEED FOR AND USE OF THE COLLECTION 2(a) NEED AND AUTHORITY FOR THE COLLECTION

Section 3010 of Subtitle C of RCRA, as amended, requires any person who generates, transports, or recycles regulated wastes or who owns or operates a facility for the treatment,6 storage, or disposal of regulated wastes to notify EPA of their activities, including the location and general description of the activities and the regulated wastes handled. As required by statute, EPA promulgated regulations to implement these notification requirements at 40 CFR Parts 262, 263, 264, 265, 266, 270, 273, and 279. (See Section 1(b) above for a detailed listing of notification requirements by type of regulated waste and regulated entity). EPA needs this information to determine the universe of persons who generate, handle, and manage these regulated wastes; assign EPA Identification Numbers; and ensure that these regulated wastes are managed in a way that protects human health and the environment, as required by RCRA, as

amended.

2(b) PRACTICAL UTILITY/USERS OF DATA

EPA enters notification information submitted by respondents into the EPA National data base and assigns EPA Identification Numbers. EPA uses the information primarily for tracking purposes, and secondarily for a variety of enforcement and inspection purposes. In addition, EPA uses this information to identify the universe of regulated waste generators, handlers, and managers and their specific regulated waste activities. Finally, EPA uses this information to ensure that regulated waste is managed properly, that statutory provisions are upheld, and that regulations are adhered to by facility owners or operators.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION

CRITERIA

3(a) NONDUPLICATION

RCRA is the primary Federal statutory vehicle for prescribing regulated waste management practices that are necessary to protect human health and the environment. There are no other Federal statutes or regulations that require information regarding the operation of regulated waste generation, handling, and management practices.

3(b) PUBLIC NOTICE

EPA issued a public notice in the Federal Register on August 15, 2005 (70 FR 47836)

. The comment period ended on October 14, 2005. No comments were received in response to the

notice.

3(c) CONSULTATIONS

Most of the underlying assumptions in this ICR (e.g., burden hour estimates) are based on EPA consultations with industry that must notify EPA of their waste activities. Specifically, EPA conducted consultations on the ICR’s assumptions regarding respondents’ burden for reading the regulations and the time alotted to complete and submit the Notification forms. EPA conducted separate consultations with no more than nine entities for the purpose of renewing this ICR.7

Organization Contact Name Phone Number

Kenneth Knoche Daniels Chevrolet (719) 632-5591

Bruce Dapprich Mentor Industrial Complex (412) 364-7823

Nancy Christian Oxy Chem (316) 529-7335

Paula Canter EPA State of Ohio

3(d) EFFECTS OF LESS FREQUENT COLLECTION

New hazardous waste generators, transporters, or TSDFs must submit a Notification Form and obtain an EPA Identification Number prior to treating (including recycling), storing, transporting, offering for transport, or disposing of hazardous waste. Existing hazardous waste generators, transporters, or TSDFs are required to notify the Agency of their hazardous waste activity(ies) not later than 90 days after the promulgation or revision of regulations in 40 CFR Part 261 (identification and listing of hazardous wastes). Owners or operators of smelting, melting, and refining furnaces that process hazardous waste either solely for metals recovery or for recovery of economically significant amounts of certain precious metals under sections 266.100(c)(1)(i) and 266.100(f)(1), respectively, and facilities that qualify for the small quantity on-site burner exemption under section 266.108(d) must provide a written, one-time notification of their hazardous waste activities. Under Section 273.32(a), large quantity handlers of universal waste must submit a written, one-time notification of universal waste management to the Regional Administrator and obtain an EPA Identification Number before meeting or exceeding the 5,000 kg storage limit, unless they already have notified EPA, as provided by section 273.32(a)(2) or 273.32(a)(3). Under sections 279.42, 279.51, 279.62 and 279.73, used oil handlers who have not previously complied with the notification requirement (under 40 CFR Part 266, Subpart E) must submit a written, one-time notification of used oil management activities and obtain an EPA Identification Number. Any reduction in the frequency of this information collection would prevent the Agency from meeting the statutory requirements of

Section 3010 of RCRA.

3(e) GENERAL GUIDELINES

This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA'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 defines EPA's general policy on public disclosure of information, both contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all8 or part of the Notification of Regulated Waste Activity. 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 these information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS AND NAICS CODES

The following is a list of NAICS codes associated with the facilities most likely to be affected by the notification requirements discussed in this ICR:

NAICS Code

221121 Electric Bulk Power Transmission and Control

221122 Electric Power Distribution 22132 Sewage Treatment Facilities 311942 Spice and Extract Manufacturing 323114 Quick Printing

32411 Petroleum Refineries 325131 Inorganic Dye and Pigment Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 325211 Plastics Material and Resin Manufacturing 32551 Paint and Coating Manufacturing 325998 All Other Miscellaneous Chemical Product Manufacturing 331311 Alumina Refining 33271 Machine Shops 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 333319 Other Commercial and Service Industry Machinery Manufacturing 333999 All Other General Purpose Machinery Manufacturing 33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing 334418 Printed Circuit/Electronics Assembly Manufacturing 334419 Other Electronic Component Manufacturing 336211 Motor Vehicle Body Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing9 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing 336399 All Other Motor Vehicle Part Manufacturing

44111 New Car Dealers

44711 Gasoline Stations with Convenience Store

44719 Other Gasoline Stations 454312 Liquefied Petroleum Gas (Bottled Gas) Dealers 48411 General Freight Trucking, Local 48421 Used Household and Office Goods Moving 48422 Specialized Freight (except Used Goods) Trucking, Local

562112 Hazardous Waste Collection

562119 Other Waste Collection 562211 Hazardous Waste Treatment and Disposal 562219 Other Nonhazardous Waste Treatment and Disposal 56292 Materials Recovery Facilities 811111 General Automotive Repair

4(b) INFORMATION REQUESTED

This section describes the data items and respondent activities for notification requirements for facilities generating, handling, or managing regulated wastes. These regulated wastes include hazardous wastes as defined by 40 CFR Part 261, universal wastes as defined by 40 CFR Part 273, and used oil as defined by 40 CFR Part 279. Since there are different notification requirements and data items for each of these regulated wastes, the data items for each type of regulated waste are described separately. (See Section 1(b) above for a detailed listing of notification requirements by type of regulated waste activity and regulated entity). However, the respondent activities for each type of regulated waste are largely the same and are not described separately.

(i) Data Items

Hazardous Waste Activity

Hazardous waste generators; transporters; recyclers; and treatment, storage, and disposal facilities must notify of their hazardous waste activities, including the location and general description of the activities and the hazardous wastes handled. They also must obtain an EPA Identification Number. To do so, they must complete a Notification Form (EPA Form 8700-12), including the following data items:

-- Name of the facility; -- Facility mailing address; -- Facility location; -- Name, title, and business telephone number of the person who should be contacted regarding information on the form;10 -- Ownership information, including the legal status of the current owner of the facility; -- Information on the type of hazardous waste activity; -- Information on whether this is the initial notification or a subsequent notification; -- A description of the hazardous wastes handled at the facility; and -- A certification signed by the facility owner, operator, or authorized representative

Universal Waste Activity

Large quantity handlers of universal waste must notify EPA of their universal waste activities and obtain an EPA Identification Number by completing and submitting EPA Form 8700-12, as described above, or completing and submitting a letter to EPA requesting an EPA Identification Number. The letter must include the following data items:

-- The universal waste handler’s name and mailing address; -- Name and business telephone number of the person who should be contacted regarding the universal waste management activities; -- Address or physical location of the universal waste management activities; -- A list of all of the types of universal waste managed by the handler; and -- A statement indicating that the handler is accumulating more than 5,000 kg of universal waste at one time and the types of universal waste (e.g., batteries, pesticides, thermostats) the handler is accumulating above this quantity.

Used Oil Management Activity

Used oil handlers must notify EPA of their used oil management activities and obtain an EPA Identification Number by completing and submitting EPA Form 8700-12, as described above, or completing and submitting a letter to EPA requesting an EPA Identification Number. The letter must include the following data items:

-- Company name; -- Owner of company; -- Mailing address of company; -- Name and telephone number of company contact; -- Type of used oil management activity(ies); -- Location of facility(ies) (except for used oil fuel marketers); and -- Name and telephone number of each contact at each transfer facility, if applicable (for used oil transporters and transfer facilities only).

(ii) Respondent Activities

To provide EPA with the required information, facilities generating, handling, or managing regulated wastes, including hazardous wastes as defined by 40 CFR Part 261, universal wastes as defined by 40 CFR Part 273, and used oil as defined by 40 CFR Part 279 must perform the following activities for both initial and subsequent notifications:11

-- Read the regulations and instructions; and -- Complete and submit EPA Form 8700-12, or (for large quantity handlers of universal waste or used oil handlers only) a letter requesting an EPA

Identification Number.

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

5(a) AGENCY ACTIVITIES

Activities of authorized State agencies and EPA Regional offices associated with the requirement for regulated waste generators, handlers, and managers to obtain an EPA Identification Number include reviewing the completed Notification Form, entering information into the EPA national data base, generating an EPA Identification Number and sending that number to the regulated waste generator, handler, or management facility.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

EPA keeps records of and reviews all of the information submitted. Authorized States and EPA Regions enter the information on the Notification Forms into electronic data base systems. States coordinate with the EPA Regions and OSW Headquarters to supply EPA with the data reported for inclusion in the RCRAInfo national database.

5(c) SMALL ENTITY FLEXIBILITY

Some respondents will be individuals or small organizations. However, EPA believes that the information to be collected is the minimum amount necessary to fulfill the statutory requirements of RCRA.

5(d) COLLECTION SCHEDULE

Hazardous Waste Activity

Under sections 262.12, 263.11, 264.11 and 265.11, all new hazardous waste generators, transporters, and TSDFs must notify EPA of their hazardous waste activities and obtain an EPA Identification Number before treating, storing, transporting, offering for transport, or disposing of hazardous waste. Under section 270.1(b), these hazardous waste generators, transporters, and TSDFs, are also subject to newly promulgated or revised regulations at 40 CFR Part 261 (identification and listing of hazardous wastes) and must notify EPA of new or revised hazardous waste activities no later than 90 days after promulgation or revision. In addition, other generators; transporters; recyclers; and treatment, storage and disposal facilities that are subject to notification requirements under sections 266.21, 266.22, 266.23, 266.70(b)(1), 266.80(b)(1)(i), 266.80(b)(2)(i), 266.101(a), 266.101(b), 266.101(c), 266.102(a)(2)(ii), 266.103(a)(4)(ii), and12 273.60(a) must notify EPA of their hazardous waste activities within the same time frame. Under section 273.54, universal waste transporters who determine that any material resulting from a release of universal waste is a hazardous waste are subject to 40 CFR Part 262. As a result, these transporters may also be subject to, under these circumstances, the section 262.12 notification requirements and procedures. As such, these transporters must, at that time, notify

EPA of their hazardous waste activities and obtain an EPA Identification Number before treating, storing, transporting, offering for transport, or disposing of hazardous waste. Finally, owners or operators of smelting, melting, and refining furnaces that process hazardous waste either solely for metals recovery or for recovery of economically significant amounts of certain precious metals under sections 266.100(c)(1)(i) and 266.100(f)(1), respectively, and facilities that qualify for the small quantity on-site burner exemption under section 266.108(d) must provide a written, one-time notification of their hazardous waste activities.

Universal Waste Activity

Under Section 273.32(a)(1), large quantity handlers of universal waste must submit a written, one-time notification of universal waste activity to the Regional Administrator and obtain an EPA Identification Number before meeting or exceeding the 5,000 kg storage limit, unless they already have notified EPA, as provided by section 273.32(a)(2) or 273.32(a)(3).

Used Oil Management Activity

Under sections 279.42, 279.51, 279.62 and 279.73, used oil handlers who were not previously required to comply with the notification requirements (under 40 CFR Part 266, Subpart E) must submit a written, one-time notification of their used oil management activities

and obtain an EPA Identification Number.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

EPA estimated respondent burden hours associated with all of the requirements covered in this ICR in Exhibit 1. The exhibit includes the number of hours required to conduct the information collection activity and the cost associated with each requirement. Some totals may not add up due to rounding errors. In developing burden estimates for each information collection requirement in this ICR, EPA consulted with members of the regulated community.

Based on consultations with members of the regulated community, EPA split the respondent activities into initial and subsequent notifications. In doing so, EPA estimates that the average time for an initial notification to be 2 hours. In contrast, the average time for a subsequent notification is estimated to be 1 hour.

However, EPA did not split the respondent activities for large quantity handlers of universal waste or used oil handlers into two activities: completing the Notification Form or writing a letter. While the amount of time for using a letter in lieu of the Notification Form13 might be less, EPA assumed that all large quantity handlers of universal waste and used oil handlers will use the Notification Form to comply with their respective notification requirements. In using this approach, EPA has likely overstated the burden associated with these two types of handlers.

6(b) ESTIMATING RESPONDENT COSTS

In Exhibit 1, EPA also estimates respondent costs associated with this ICR. In the following paragraphs, EPA describes the data and assumptions used in the exhibit.

(i) Estimating Labor Costs

EPA estimates an average hourly respondent labor cost (including overhead) of $116.00 for legal staff, $84.00 for managerial staff, $64.00 for technical staff, and $36.00 for clerical

staff. To arrive at these estimates, EPA consulted the May 2004 Occupational Employment Statistics (OES) Survey from the Bureau of Labor Statistics, Department of Labor; this survey summarizes the unloaded (base) hourly rate for various labor categories in U.S. firms. EPA then applied an overhead factor of 2.3 for non-legal staff and 3.0 for legal staff to derive their loaded hourly rates. Using the total burden hours discussed in Section 6(a) and the wage rates outlined

in this section, Exhibit 1 illustrates the labor costs associated with all of the information collection requirements covered in this ICR.

(ii) Estimating Capital and Operat ions and Maintenance (O&M) Costs

EPA estimates that facilities may incur annual capital and operations and maintenance costs associated with specific activities. There are no capital costs associated with completing and submitting the Notification Form. For submittal of information or notices, EPA estimates that facilities will incur $4.20 in O&M costs each year for the three-year period of the ICR. This estimate is based on the mailing cost of $4.20 for a two-pound package. There are no costs associated with the purchase of a service included in the O&M costs.

6(c) ESTIMATING AGENCY BURDEN AND COSTS

EPA estimates annual Agency burden hours and costs associated with all of the requirements covered in this ICR in Exhibit 2. Based on a 2005 GS pay schedule, EPA estimates an average hourly Regional labor cost of $87.01 for legal staff, $76.77 for managerial staff, $55.23 for technical staff, and $23.55 for clerical staff. The labor costs were based on the following GS levels and steps: legal labor rates were based on GS Level 15, Step 5, managerial labor rates were based on GS Level 15, Step 1, technical labor rates were based on GS Level 13, Step 1, and clerical labor rates were based on GS Level 6, Step 1. EPA multiplied hourly rates by the standard government overhead factor of 1.6.14EXHIBIT 1NOTIFICATION OF REGULATEDWASTE ACTIVITYESTIMATED ANNUAL RESPONDENT BURDENAND COSTHours and Costs per RespondentTotal Hours and CostsINFORMATION COLLECTION ACTIVITYLegal$116.00/hManager$84.00/hrTechnical$64.00/hrClerical$36.00/hrRespon.Hours/YearLaborCost/YearCapital/StartupCostsO&MCostsNumber ofRespondentsTotalHours/YearTotalCost/YearInitial NotificationRead the regulations and instructions0.001.001.000.002.00$148.00$0.00$0.0013,48726,974.00$1,996,076.00Complete and submitEPA Form 8700-12or a letter requesting an EPA IdentificationNumber0.000.150.500.100.75$80.33$0.00$4.2013,48710,115.25$1,140,056.10Subtotal*0.001.151.50.12.75$228.33$0.00$4.2013,48737,089.25$3,136,132.10Subsequent NotificationRead the regulations and instructions0.000.300.450.000.75$90.00$0.00$0.0042,42831,821.00$3,818,520.00Complete and submitEPA Form 8700-12or a letter0.000.140.100.500.74$60.26$0.00$4.2042,42831,396.72$2,734,908.80Subtotal*0.000.440.550.51.49150.26$0.00$4.2042,42863,217.72$6,553,428.80Total*0.00variesvariesvariesvariesvaries$0.00variesvaries100,306.97$9,689,560.90*Some totals may not add up due to roundingerrors.15EXHIBIT 2NOTIFICATION OF REGULATED WASTE ACTIVITYESTIMATED ANNUAL AGENCY AND AUTHORIZED STATEBURDEN AND COSTHours and Costs per RespondentTotal Hours and CostsINFORMATION COLLECTIONACTIVITYLegal$87.01/hrManager$76.77/hrTechnical$55.23/hrClerical$23.55/hrRespon.Hours/YearLaborCost/YearCapital/StartupCostsO&MCostsNumber ofRespondentsTotalHours/YearTotalCost/YearInitial NotificationReview initial notification from completedEPA Form 8700-12 or letter requestingan EPA Identification Number0.000.000.250.000.25$23.01$0.00$0.0013,4873,371.75$310,335.87Enter initial notification information intodatabase0.000.000.30.100.4$31.53$0.00$0.0013,4875,394.80$425,245.11Generate EPA Identification Number andsend EPA Identification Number toregulated waste generator, handler, ormanager0.000.000.000.100.1$3.92$0.00$0.4513,4871,348.70$58,938.19Subtotal*0.000.000.55.200.75$58.46$0.00$0.4513,4871,0115.25$794,519.17Subsequent NotificationReview subsequent notification fromcompleted EPA Form 8700-12 or letter0.000.000.250.000.25$12.74$0.00$0.0042,42810,607.00$540,532.72Enter subsequent notification informationinto database0.000.000.000.500.50$10.87$0.00$0.0042,42821,214.00$461,192.36Subtotal*0.000.000.250.500.75$23.61$0.00$0.0042,42831,821.00$1,001,725.08Total*0.000.00variesvariesvariesvaries$0.00varies55,91541,936.25$1,790,175.10*Some totals may not add up due to roundingerrors.16

6(d) ESTIMATING THE RESPON DENT UNIVERSE AND TOTAL BURDEN

AND COSTS

Respondent Universe

Based on the RCRAInfo database, EPA estimates that approximately 13,487 regulated waste generators, handlers, and managers will submit initial notifications and 42,428 regulated waste generators, handlers, and managers will submit subsequent notifications to EPA annually over the three years covered by this ICR. The number of new and subsequent regulated waste handlers used in this ICR were obtained by averaging the number of initial and subsequent notifications tracked by RCRAInfo for fiscal years 2002, 2003, and 2004. The universe numbers are used to calculate the total respondent burden and costs per information collection activity

shown in Exhibit 3 of this ICR.

Total Burden and Cost

Exhibit 3 illustrates the respondent costs associated with all of the information collection

activities covered in this ICR. As shown in Exhibit 3, EPA estimates that the total annual respondent burden for all activities covered in this ICR is approximately 100,307 hours, at an annual cost of $9,689,561.17EXHIBIT 3NOTIFICATION OF REGULATED WASTE ACTIVITYTOTAL ESTIMATED RESPONDENT BURDEN AND COST SUMMARYINFORMATION COLLECTION ACTIVITYTotal HourlyBurdenTotal AnnualCapital CostsTotal AnnualO&M CostsTotal AnnualLabor CostsTotal AnnualCostsInitial NotificationRead the regulations and instructions26,974.00$0.00 $0.00 $1,996,076.00 $1,996,076.00Complete and submit EPA Form 8700-12 or aletter requesting an EPA Identification Number10,115.25$0.00 $56,645.54 $1,083,410.70 $1,140,056.20Subtotal*37089.25$0.00 $56,645.54 $3,079,486.7 $3,136,132.2Subsequent NotificationRead the regulations and instructions31,821.00$0.00 $0.00 $3,818,520.00 $3,818,520.00Complete and submit EPA Form 8700-12 or aletter31,396.72$0.00 $178,197.60 $2,556,711.20 $2,734,908.8Subtotal*63,217.72$0.00 $17,8197.60 $6,375,231.2 $6,553,428.8Total*100,306.97$0.00 $234,843.14 $9,454,717.9$9,689,561.00* Some totals may not add up due to rounding errors.18

6(e) BOTTOM LINE BURDEN HOURS AND COSTS

Exhibit 3 shows the aggregate annual hour and cost burden to respondents. As shown in the exhibit, EPA estimates the annual respondent burden to be 100,307 hours and $9,689,561.00. The bottom line burden to respondents over three years is 300,921 hours at a cost of $29,068,683.00.

6(f) REASONS FOR CHANGE IN BURDEN

This ICR describes the total respondent burden for all activities required for the Notification of Regulated Waste Activity. In reviewing burden estimates for the submitting initial and subsequent notifications, EPA relied on data estimates from RCRAInfo for this activity. ICR #0261.14 estimated a total annual respondent burden of 96,250 hours. This ICR estimates a total annual respondent burden of 100,307 hours. This is an increase of approximately 4,057 hours. The estimates from the RCRAInfo database form the basis for the

estimated increase in the burden for this ICR. Based on the data, estimates for the overall burden associated with initial and subsequent notifications increased.

The reason for the increase is that, prior to RCRAInfo, EPA did not a have a consistent mechanism in place to track initial and subsequent notifications from state to state. For the previous renewal, ICR #0261.14, we did not have the capability to access RCRInfo because EPA was converting from the RCRIS database to RCRAInfo at that time. The information from the RCRAInfo database shows that the number of respondents submitting subsequent notifications was underestimated in the past.

EPA believes the burden will decrease over time because more respondents are using electronic reporting methods, especially those submitting several forms. The respondent use of electronic reporting will also decrease the burden and cost of recordkeeping. In particular, consultations show that the estimated time to prepare and submit initial and/or subsequent notifications has reduced. These revisions do not reflect any change in requirements; they represent instead a more accurate representation of the respondent universe and the burden and costs that respondents will incur as a result of this information collection.

6(g) BURDEN STATEMENT

EPA believes this ICR is an accurate and complete portrait of the burden for both initial and subsequent notifications, total respondent burden, and number of respondents to be affected by the notification requirements.

The reporting burden for information collection requirements associated with initial notification requirements is estimated to be approximately 2 hours. The burden estimate includes time for reading the regulations and preparing and submitting the initial notification.19

There are no recordkeeping requirements associated with the initial notifications, and as such, there is no recordkeeping burden.

The reporting burden for information collection requirements associated with subsequent notification is estimated to be approximately 1hour. The burden estimate includes time for reading the regulations, preparing and submitting a subsequent notification. There are no recordkeeping requirements associated with subsequent notifications, and as such, there is no recordkeeping burden.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2005-0013, which is available for online viewing at www.regulations.gov , or in person viewing at the Resource Conservation and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington,

D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-RCRA-2005-0013 and OMB Control Number 2050-0028 in any correspondence.