SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST NUMBER 261.15 

"NOTIFICATION OF REGULATED WASTE ACTIVITY" 

January, 2006
TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION 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.................................................................................. 19 
1

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 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. 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 of 

interim 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), generators 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 Facilities 

§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 quantity 
5

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 Off-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 all 
8

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) 

Manufacturing 
9

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), and 
12

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 Form 
13

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 Operations 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. 

 

 
EXHIBIT 1 NOTIFICATION OF REGULATED WASTE ACTIVITY

ESTIMATED ANNUAL RESPONDENT BURDEN 

AND COST 

Hours and Costs per Respondent Total 

INFORMATION COLLECTION ACTIVITY Legal 

$116.00/h 

Manager 

$84.00/hr

Technical 

$64.00/hr

Clerical 

$36.00/hr

Respon. 

Hours/ 

Year

Labor 

Cost/ 

Year

Capital/ 

Startup 

Costs

O&M 

Costs

Number of 

Respondents

Initial Notification Read the regulations and instructions 0.00 1.00 1.00 0.00 2.00 $148.00 $0.00 $0.00 13,487 Complete and submit EPA Form 8700-12 or a letter requesting an EPA Identification Number

0.00 0.15 0.50 0.10 0.75 $80.33 $0.00 $4.20 13,487 

Subtotal* 0.00 1.15 1.5 0.1 2.75 $228.33 $0.00 $4.20 13,487 Subsequent Notification Read the regulations and instructions 0.00 0.30 0.45 0.00 0.75 $90.00 $0.00 $0.00 42,428 Complete and submit EPA Form 8700-12 or a letter

0.00 0.14 0.10 0.50 0.74 $60.26 $0.00 $4.20 42,428 

Subtotal* 0.00 0.44 0.55 0.5 1.49 150.26 $0.00 $4.20 42,428 Total* 0.00 varies varies varies varies varies $0.00 varies varies * Some totals may not add up due to rounding errors. 
EXHIBIT 2NOTIFICATION OF REGULATED WASTE ACTIVITYESTIMATED ANNUAL AGENCY AND AUTHORIZED STATE BURDEN AND COST 

Hours and Costs per Respondent 

INFORMATION COLLECTION ACTIVITY

Legal 

$87.01/hr

Manager 

$76.77/hr

Technical 

$55.23/hr

Clerical 

$23.55/hr

Respon. 

Hours/ 

Year

Labor 

Cost/ 

Year

Capital/ 

Startup 

Costs

O&M 

Costs

Number 

Responde

Initial NotificationReview initial notification from completed EPA Form 8700-12 or letter requesting an EPA Identification Number 

0.00 0.00 0.25 0.00 0.25 $23.01 $0.00 $0.00 13

Enter initial notification information into database

0.00 0.00 0.30 .10 0.4 $31.53 $0.00 $0.00 13

Generate EPA Identification Number and send EPA Identification Number to regulated waste generator, handler, or manager

0.00 0.00 0.00 0.10 0.1 $3.92 $0.00 $0.45 13

Subtotal* 0.00 0.00 0.55 .20 0.75 $58.46 $0.00 $0.45 13Subsequent Notification Review subsequent notification from completed EPA Form 8700-12 or letter 

0.00 0.00 0.25 0.00 0.25 $12.74 $0.00 $0.00 42

Enter subsequent notification information into database

0.00 0.00 0.00 0.50 0.50 $10.87 $0.00 $0.00 42

Subtotal* 0.00 0.00 0.25 0.50 0.75 $23.61 $0.00 $0.00 42Total* 0.00 0.00 varies varies varies varies $0.00 varies 55* Some totals may not add up due to rounding errors. 
16

6(d) ESTIMATING THE RESPONDENT 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. 
 

EXHIBIT 3NOTIFICATION OF REGULATED WASTE ACTIVITYTOTAL ESTIMATED RESPONDENT BURDEN AND COST SUMMARYINFORMATION COLLECTION ACTIVITY Total Hourly 

Burden

Total Annual 

Capital Costs

Total Annual 

O&M Costs

Total Annual 

Labor Costs

Total Annual 

Costs

Initial Notification Read the regulations and instructions 26,974.00 $0.00 $0.00 $1,996,076.00 $1,996,076.00Complete and submit EPA Form 8700-12 or a letter requesting an EPA Identification Number

10,115.25 $0.00 $56,645.54 $1,083,410.70 $1,140,056.20

Subtotal* 37089.25 $0.00 $56,645.54 $3,079,486.7 $3,136,132.2Subsequent Notification Read the regulations and instructions 31,821.00 $0.00 $0.00 $3,818,520.00 $3,818,520.00Complete and submit EPA Form 8700-12 or a letter

31,396.72 $0.00 $178,197.60 $2,556,711.20 $2,734,908.8

Subtotal* 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.