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SUPPORTING STATEMENT FOR

INFORMATION COLLECTION REQUEST NUMBER 1775.06

“HAZARDOUS REMEDIATION WASTE MANAGEMENT 

REQUIREMENTS (HWIR-MEDIA)”

May 31, 2012
TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection..........................................................................2

1(b) Short Characterization .............................................................................................2

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection ...........................................................................8

2(b) Practical Utility/Users of the Data .........................................................................11

3. NONDUPLICATION, CONSULTATIONS, AND OTHER 

COLLECTION CRITERIA

3(a) Nonduplication.......................................................................................................13

3(b) Public Notice..........................................................................................................14

3(c) Consultations..........................................................................................................14

3(d) Effects of Less Frequent Collection.......................................................................14

3(e) General Guidelines.................................................................................................15

3(f) Confidentiality .......................................................................................................15

3(g) Sensitive Questions................................................................................................15

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondent SIC/NAICS Codes.............................................................................15

4(b) Information Requested...........................................................................................16

5. THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION

 METHODOLOGY AND INFORMATION MANAGEMENT

5(a) Agency Activities...................................................................................................30

5(b) Collection Methodology and Management............................................................35

5(c) Small Entity Flexibility..........................................................................................35

5(d) Collection Schedule ...............................................................................................35

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Hours................................................................................36

6(b) Estimating Respondent Costs ................................................................................36

6(c) Estimating Agency Hour and Cost Burden............................................................37

6(d) Estimating the Respondent Universe and Total Hour and Cost Burden................38

6(e) Bottom Line Hour and Cost Burden ......................................................................38

6(f) Reasons for Change in Burden ..............................................................................44

6(g) Reasons for Change in Burden ..............................................................................45

6(h) Burden Statement...................................................................................................45

Exhibit 1: Estimated Annual Respondent Hour and Cost Burden................................................47

Exhibit 2: Estimated Annual Federal Agency Hour and Cost Burden .........................................49

Exhibit 3: Estimated Annual State Agency Hour and Cost Burden .............................................51
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1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

This Information Collection Request (ICR) is entitled “Hazardous Remediation Waste 

Management Requirements (HWIR-Media) (Renewal)” 

ICR Number 1775.06, OMB Number 2050-0161.

1(b) Short Characterization

The Resource Conservation and Recovery Act of 1976 (RCRA), as amended, requires the 

U.S. Environmental Protection Agency (EPA) to establish a national regulatory program to 

ensure that hazardous wastes are managed in a manner protective of human health and the 

environment. Under this program (known as the RCRA Subtitle C program), EPA regulates 

newly generated hazardous wastes, as well as hazardous remediation wastes (i.e., hazardous 

wastes managed during cleanup). 

To facilitate prompt and protective treatment, storage, and disposal of hazardous 

remediation wastes, EPA established three requirements for remediation waste management sites 

that are different from those for facilities managing newly generated hazardous waste:

· Performance standards for remediation waste management sites at 40 CFR

264.1(j) that replaced the detailed requirements in 40 CFR part 264, subparts B, 

C, and D (General Facility Standards, Preparedness and Prevention, and 

Contingency Plans and Emergency Procedures);

· A provision excluding remediation waste management sites from RCRA section 

3004(u)’s requirements for facility-wide corrective action; and 

· A new form of RCRA permit for treating, storing, and disposing of hazardous 

remediation wastes at 40 CFR part 270, subpart H. The new permit, a Remedial 

Action Plan (RAP), streamlines the permitting process for remediation waste 

management sites to allow cleanups to take place more quickly.

In addition, EPA created a new kind of unit called a “staging pile” at 40 CFR 264.554 that allows 

more flexibility in storing remediation waste during cleanup.
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This ICR describes the requirements applicable to owners/operators of remediation waste 

management sites at 40 CFR 264.1(j) and part 270, subpart H, as well as the requirements for 

staging piles at 40 CFR 264.554. It replaces the previously approved ICR on remediation waste 

management requirements (i.e., ICR Number 1775.05). Sections 1 through 5 of this ICR 

describe the specific information collection requirements (e.g., from the standpoint of need, use, 

respondent activities). In Section 6, EPA estimates the annual hour and cost burden to 

respondents and the Agency under these requirements, and discusses the reasons for the change 

in annual burden since the previously approved ICR.

Following is a brief description of the information collection requirements applicable to 

owners/operators of remediation waste management sites.

(1) General Requirements for Hazardous Remediation Waste Management Sites

Hazardous remediation waste management sites must comply with all parts of 40 CFR

part 264 except subparts B, C, and D, and section 264.101. In place of the requirements in 

subparts B, C, and D, however, they need to comply with performance standards based on the 

general requirement goals in these sections, which are codified at 40 CFR 264.1(j).1

40 CFR 264.1(j)(1) requires owners/operators of remediation waste management sites to 

obtain an EPA identification number. 

40 CFR 264.1(j)(2) requires owners/operators of remediation waste management sites to 

obtain a detailed chemical and physical analysis of a representative sample of the hazardous 

remediation wastes to be managed at the site. At a minimum, the waste analysis must contain all 

the information that must be known to treat, store or disposed of the waste in accordance with 40 

CFR parts 264 and 268, and must be kept accurate and up to date.

40 CFR 264.1(j)(4) requires owners/operators to inspect the remediation waste 

management site for malfunctions, deterioration, operator errors, and discharges that may be 

causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat 

to human health. The owner/operator must conduct these inspections often enough to identify

problems in time to correct them before they harm human health or the environment, and must 

remedy the problem before it leads to a human health or environmental hazard. Where a hazard 

is imminent or has already occurred, the owner/operator must take remedial action immediately.

Under 40 CFR 264.1(j)(7), owners/operators of remediation waste management sites 

must design, construct, operate, and maintain units within a 100-year floodplain to prevent 

washout of any hazardous waste by a 100-year flood, unless they can meet the demonstration 

requirements of section 264.18(b). 

 

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 Facilities other than remediation facilities must comply with 40 CFR part 264, subparts B, C, and D.
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40 CFR 264.1(j)(9) requires owners/operators to develop and maintain a construction 

quality assurance program for all surface impoundments, waste piles, and landfill units that are 

required to comply with sections 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) 

at the remediation waste management site, according to the requirements of section 264.19.

40 CFR 264.1(j)(10) requires owners/operators of remediation waste management sites to 

develop and maintain procedures to prevent accidents. These procedures must address proper 

design, construction, maintenance, and operation of hazardous remediation waste management 

units at the site. In addition, owners/operators must develop and maintain a contingency and 

emergency plan to control accidents that occur. The plan must explain specifically how to treat, 

store, and dispose of the hazardous remediation waste in question, and must be implemented 

immediately whenever fire, explosion, or release of hazardous waste or hazardous waste 

constituents that could threaten human health or the environment.

40 CFR 264.1(j)(12) requires owners/operators of remediation waste management sites to 

develop, maintain, and implement a plan to meet the requirements in sections 264.1(j)(2) through 

(j)(6) and sections 264.1(j)(9) through (j)(10). 

40 CFR 264.1(j)(13) requires owners/operators of remediation waste management sites to 

maintain records documenting compliance with sections 264.1(j)(1) through (j)(12). Under 40 

CFR 264.73(b)(17), owners/operators of remediation waste management sites are required to 

record, as it becomes available, and maintain in the operating record any records required under 

section 264.1(j)(13). 

(2) Requirements for Staging Piles

A staging pile is an accumulation of remediation waste that is not a containment building 

and is used only during remedial operations for temporary storage at a facility. A staging pile is 

not subject to land disposal restrictions or minimum technology requirements and must be used 

as part of an approved RCRA permit, RAP, closure plan, or corrective action order issued under 

section 3008(h) of RCRA.

Under 40 CFR 264.554(c)(1), owners/operators seeking staging pile designations must 

provide sufficient and accurate information to enable the Director to impose standards and 

design criteria for the staging pile. In addition, under section 264.554(c)(2), the owner/operator 

must provide a certification by an independent, qualified, registered professional engineer for 

technical data (e.g., design drawings and specifications, engineering studies), unless the Director 

determines, based on information provided by the owner/operator, that the certification is not 

necessary to ensure that the staging pile will protect human health and the environment. Finally, 

under section 264.554(c)(3), the owner/operator must provide any additional information the 

Director determines is necessary to protect human health and the environment.

As provided under 40 CFR 264.554(d)(1)(iii), a staging pile must not operate for more 
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than two years, except when the Director grants an operating term extension under section 

264.554(i). The owner/operator must measure the two-year limit, or other operating term 

specified by the Director in the permit, closure plan, or order, from the first time remediation 

waste is placed into the staging pile. The owner/operator must maintain a record of the date 

when remediation waste was first placed into the staging pile for the life of the permit, order, or 

approved closure plan, or for three years, whichever is longer.

Under 40 CFR 264.554(i)(1), the Director may grant one operating term extension for a 

staging pile of up to 180 days beyond the operating term limit contained in the permit, closure 

plan, or order. To obtain an extension, owners/operators must document that an extension will 

not pose a threat to human health and the environment and is necessary to ensure timely and 

efficient implementation of remedial actions at the facility.

40 CFR 264.554(k) provides that, within 180 days after the operating term of the staging 

pile expires, owners/operators must close a staging pile located in an uncontaminated area of the 

site in accordance with sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111 

(i.e., the closure requirements for waste piles).

40 CFR 264.554(l) specifies procedures for incorporating staging piles into existing 

permits (including RAPs), closure plans, or orders. Pursuant to section 264.554(l)(1), a permit, 

other than a RAP, may be modified to incorporate a staging pile or staging pile operating term 

extension as part of an Agency-initiated permit modification under section 270.41or as part of an 

owner/operator initiated Class 2 permit modification under section 270.42. Pursuant to section 

264.554(l)(2), an owner/operator may modify an existing RAP to incorporate a staging pile or 

staging pile operating term extension by complying with the RAP modification requirements 

under sections 270.170 and 270.175. Pursuant to section 265.554(l)(3), an owner/operator may

modify an existing closure plan to incorporate a staging pile or staging pile operating term 

extension by following the applicable requirements under section 264.112(c) or 265.112(c). 

Pursuant to section 264.554(l)(4), an owner/operator may modify an existing order to incorporate 

a staging pile or staging pile operating term extension by following the terms of the order and the 

applicable provisions of section 270.72(a)(5) or 270.72(b)(5). 

(3) Remedial Action Plans

40 CFR 270.80(a) defines a RAP as a special form of RCRA permit that an 

owner/operator of a remediation waste management site may obtain, instead of a permit issued 

under sections 270.3 through 270.66, to treat, store, or dispose of hazardous remediation waste at 

a remediation waste management site. 

Under 40 CFR 270.85(a), whenever an owner/operator treats, stores, or disposes of 

hazardous remediation waste in a manner that requires a RCRA permit under section 270.1, the 

owner/operator must either obtain a RCRA permit or a RAP. 

Under 40 CFR 270.85(c), an owner/operator may obtain a RAP for managing hazardous 
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remediation waste at an already permitted RCRA facility. This RAP must be approved as a 

modification to the existing permit according to the requirements of section 270.41 or section 

270.42. However, when the owner/operator submits an application for such modification, the 

information requirements in section 270.42(a)(1)(i), (b)(1)(iv), and (c)(1)(iv) do not apply; 

instead, the owner/operator must submit the information required under section 270.110. When 

the permit is modified, the RAP becomes part of the RCRA permit. 

Under 40 CFR 270.95, an owner/operator may apply for a RAP by completing an 

application, signing it, and submitting it to the Director. 

40 CFR 270.100 provides that, when a facility or remediation waste management site is 

owned by one person, but the treatment, storage, or disposal activities are operated by another 

person, it is the operator’s duty to obtain a RAP. Under section 270.105, both the owner and the 

operator must sign the RAP application and any required reports according to sections 270.11(a) 

through (c). In addition, both the owner and the operator must also make the certification 

required under section 270.11(d)(1). However, the owner may choose the alternative 

certification under section 270.11(d)(2) if the operator certifies under section 270.11(d)(1).

The RAP application must include all the information specified in section 270.110. 

Under section 270.115, an owner/operator may claim as confidential any or all of the information 

he submits to EPA. Any such claim must be asserted at the time he submits his RAP application 

or other submissions by stamping the words “confidential business information” on each page 

containing such information. The owner/operator must submit the RAP application to the 

Director for approval (§270.120). If the RAP application is submitted as part of another 

document, he must clearly identify the components of that document that constitute the RAP 

application (§270.125).

40 CFR 270.130(b) provides that, if the Director tentatively finds that a RAP application 

does not include all of the information requested in section 270.110 or that the proposed 

remediation waste management activities do not meet the regulatory standards, the Director may

request additional information from the owner/operator or ask the owner/operator to correct 

deficiencies in his application.

Under 40 CFR 270.170, the Director must specify in a RAP, either directly or by

reference, procedures for future modifications, revocations and reissuance, or termination of the 

RAP. These procedures must provide adequate opportunities for public review and comment on 

any modification, revocation and reissuance, or termination that would significantly change the 

management of the remediation waste, or that otherwise merits public review and comment. 

If the RAP has been incorporated into a traditional RCRA permit, as allowed under 

section 270.85(c), then the RAP will be modified according to the applicable requirements in 

sections 270.40 through 270.42, revoked and reissued according to the applicable requirements 

in sections 270.41 and 270.43, or terminated according to applicable requirements of section 

270.43. 
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Under 40 CFR 270.195, RAPs must be issued for a fixed term, not to exceed ten years, 

although they may be renewed upon approval by the Director in fixed increments of no more 

than ten years. Under section 270.200, if an owner/operator wishes to renew his expiring RAP, 

he must follow the process for application for and issuance of RAPs. 

40 CFR 270.210 requires owners/operators of remediation waste management sites to 

keep records concerning their RAP. All records must be kept for a period of at least three years 

from the date the RAP application is signed.

Under 40 CFR 270.220(a), owners/operators of remediation waste management sites may

transfer their RAPs to new owners/operators. To transfer the RAP, owners/operators must 

follow the requirements specified in their RAP for RAP modification to identify the new 

owner/operator, and incorporate any other necessary requirements. The new owner/operator 

must submit a revised RAP application no later than 90 days before the scheduled change along 

with a written agreement containing a specific date for transfer of RAP responsibility between 

the owner/operator and the new permittees.

Under 40 CFR 270.220(b), when a transfer of ownership occurs, the old owner/operator 

must comply with applicable requirements of 40 CFR part 264, subpart H, until the new 

owner/operator has demonstrated compliance (i.e., within six months of the date of the change).

Under 40 CFR 270.230(a), owners/operators may request a RAP for remediation waste 

management activities at a location removed from the area where the remediation wastes 

originated if they believe such a location would be more protective than the contaminated area or 

areas in close proximity. Owners/operators must request the RAP, and the Director will approve 

or deny the RAP, according to the requirements in part 270, subpart H (§270.230(c)).

A RAP for an alternative location must meet the additional requirements specified in 

section 270.230(d), including the RCRA expanded public participation requirements in sections 

124.31 through 124.33. In addition, under section 270.230(e)(2), these alternative locations are 

remediation waste management sites, and retain the benefit of complying with the requirements 

of section 264.1(j) in lieu of part 264, subparts B, C, and D. 

2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

This section describes the need and authority for each type of information collection 

analyzed in this ICR. All information collection requirements associated with the hazardous 

remediation waste management requirements were established under the authority of sections 

3004 and 3005 of RCRA, as amended. EPA believes these information collection requirements 

are necessary to balance streamlined regulation of remediation wastes with the Agency's 

responsibility to protect human health and the environment. 
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(1) General Requirements for Hazardous Remediation Waste Management Sites 

Hazardous remediation waste management sites must comply with all parts of 40 CFR

part 264 except subparts B, C, and D, and section 264.101. In place of the requirements in 

subparts B, C, and D, however, they need to comply with performance standards based on the 

general requirement goals in these sections, which are codified at 40 CFR 264.1(j).

Section 264.1(j)(1) requires owners/operators of hazardous waste remediation sites to 

obtain an EPA identification number by applying to the Administrator using EPA Form 8700-12. 

This information collection is required by section 3010 of RCRA, and is needed to ensure 

consistent and coordinated identification of the site by EPA under RCRA and other regulatory

programs. 

Section 264.1(j)(2) requires owners/operators of remediation waste management sites to 

obtain a detailed chemical and physical analysis of a representative sample of the waste that will 

be remediated. At a minimum, the waste analysis must contain all the information which must 

be known to treat, store, or dispose of the waste in accordance with 40 CFR parts 264 and 268. 

The owner/operator needs the information obtained from the waste analysis to determine whether 

there are any potential dangers from handling the remediation waste. The waste analysis 

requirement contributes to EPA's goal of preventing undetected releases or reactions of 

hazardous waste on site.

Section 264.1(j)(4) requires owners/operators to inspect the remediation waste 

management site for malfunctions, deterioration, operator errors, and discharges that may be 

causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat 

to human health. The owner/operator needs to conduct these inspections to identify problems in 

time to correct them before they harm human health or the environment. EPA needs 

owners/operators to perform inspections in order to prevent undetected releases or other 

problems at the facility.

Section 264.1(j)(7) requires owners/operators not to locate remediation waste 

management units within a floodplain unless the owner/operator can meet the demonstration of 

section 264.18(b). In particular, the owner/operator must demonstrate that procedures will be in 

effect to remove waste safely before flood waters reach the unit in the event of a flood, or no 

adverse effects on human health or the environment would result from a washout. This 

information collection contributes to EPA's goal of preventing unforseen releases of hazardous 

wastes.

Section 264.1(j)(9) requires owners/operators to develop and maintain a construction 

quality assurance program for surface impoundments, waste piles, and landfills, as specified. 

EPA needs this information to ensure that the units are constructed and designed to prevent 

unforseen releases of hazardous wastes.
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Section 264.1(j)(10) codifies streamlined contingency and emergency plan regulations for 

hazardous remediation waste sites. Requiring remediation waste management sites to develop 

and maintain contingency and emergency plans contributes to EPA's goal of minimizing 

unanticipated damage from the treatment, storage, or disposal of hazardous waste. Contingency

planning is also mandated by RCRA section 3004(a)(5). 

Section 264.1(j)(12) requires owners/operators of remediation waste management sites to 

develop, maintain, and implement a plan to meet the requirements in sections 264.1(j)(2) through 

(j)(6) and sections 264.1(j)(9) through (j)(10). 40 CFR 264.1(j)(13) requires owners/operators of 

remediation waste management sites to maintain records documenting compliance with sections 

264.1(j)(1) through (j)(12). Under 40 CFR 264.73(b)(17), owners/operators of remediation 

waste management sites are required to record, as it becomes available, and maintain in the 

operating record any records required under section 264.1(j)(13). EPA needs a record of this 

information to be sure that the requirements of section 264.1(j) are being met.

(2) Requirements for Staging Piles

Staging piles are codified at 40 CFR 264.554 under the authority of section 3004 of 

RCRA. Sections 264.554(c) and (d) identify procedures and information requirements for 

designating staging piles. Information provided to EPA by owners/operators seeking designation 

of staging piles is needed to ensure that the design and operation of the staging pile will comply 

with all applicable regulations and will be protective of human health and the environment. 

Owners/operators may request an extension of up to six months to the two-year limit for 

staging pile operation. Extensions are authorized under section 264.554(i) and require a request 

with supporting information to be submitted to EPA. EPA requires information in extension 

requests to ensure that continued operation of the staging pile is necessary and will not pose a 

threat to human health and the environment. In addition, the information may be necessary to 

develop further standards and design criteria for the staging pile.

Section 264.554(k) provides that, within 180 days after the operating term of the staging 

pile expires, owners/operators must close a staging pile located in an uncontaminated area of the 

site in accordance with sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111 

(i.e., the closure requirements for waste piles). 

Section 264.554(l) specifies procedures for incorporating staging piles into existing 

permits (including RAPs), closure plans, or orders, at the owner/operator's initiative. These 

procedures are needed to keep the permit, closure plans, or orders up to date.

(3) Remedial Action Plans

Under 40 CFR 270.80 through 270.90, EPA provides general information on RAPs (e.g., 

a definition of a RAP, applicability criteria). Under section 270.95 through 270.125, EPA 

describes how to apply for a RAP. These procedures are needed to ensure owners/operators 
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understand the requirements and procedures they must follow.

Under section 270.130(b), if the Director tentatively finds that the RAP application does 

not include all of the information required under section 270.110 or that the proposed 

remediation waste management activities do not meet regulatory standards, the Director may

request additional information from the owner/operator. EPA needs this information to ensure 

that the proposed remediation waste management activities meet the regulatory standards. 

The Agency believes that the information collected in the RAP applications is necessary

to determine how and where media and remediation waste will be managed. The information is 

essential to determine whether the management of these materials will be protective of human 

health and the environment, and will be in compliance with standards established pursuant to 

RCRA.

Under section 270.170, the Director must specify in a RAP, either directly or by

reference, procedures for future modifications, revocations and reissuance, or termination of the 

RAP. Owners/operators and EPA need these procedures to ensure that modifications can be 

made in a manner that protects human health and the environment. 

Under section 270.195, RAPs must be issued for a fixed term, not to exceed ten years, 

although they may be renewed upon approval by the Director in fixed increments of no more 

than ten years by following the requirements of section 270.200. EPA needs this information to 

determine whether the management of these materials will be protective of human health and the 

environment, and will be in compliance with standards established pursuant to RCRA.

Section 270.210 requires owners/operators of remediation waste management sites to 

keep records concerning their RAP. Recordkeeping is required to ensure that owners/operators 

are following the requirements for preparing and maintaining a RAP.

Under section 270.220, owners/operators of remediation waste management sites may

transfer their RAPs to new owners/operators. Records of such changes are needed to ensure that 

owners/operators are aware of their rights and obligations under part 270, subpart H. 

Under section 270.230, owners/operators may request a RAP for remediation waste 

management activities at a location removed from the area where the remediation wastes 

originated if they believe such a location would be more protective than the contaminated area or 

areas in close proximity. This information is essential to determine whether the management of 

hazardous remediation waste will be protective of human health and the environment, and will 

be in compliance with standards established pursuant to RCRA.

2(b) Practical Utility/Users of the Data
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(1) General Requirements for Hazardous Remediation Waste Management Sites

An owner/operator of a hazardous remediation waste management site must request an 

EPA identification number by completing and submitting EPA Form 8700-12, according to 

section 264.1(j)(1). EPA uses Form 8700-12 to process the request and to ensure accurate and 

consistent identification of the site. Both EPA and the owner/operator use the EPA identification 

number as a standard way of identifying the site (e.g., in correspondence, reports).

In performing waste analysis, pursuant to section 264.1(j)(2), the owner/operator of a 

remediation waste management site obtains detailed chemical and physical properties of the 

remediation waste. The owner/operator uses these data to design and implement effective and 

safe remedial actions and to prevent unanticipated contaminant releases. 

Section 264.1(j)(4) requires owners/operators to inspect the remediation waste 

management site for malfunctions, deterioration, operator errors, and discharges that may be 

causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat 

to human health. The owner/operator uses the data collected in order to identify problems in 

time to correct them before they harm human health or the environment. 

Under section 264.1(j)(7), owners/operators planning to design, construct, operate, or 

maintain a hazardous remediation waste management unit in a 100-year floodplain must 

demonstrate that the unit meets the criteria of section 264.18(b). The Director uses the 

information in the demonstration to evaluate whether the risk of contamination due to a flood is 

greater if the wastes are left unremediated within the floodplain than if the remediation wastes 

are managed in a unit within the floodplain.

Section 264.1(j)(9) requires owners/operators to develop and maintain a construction 

quality assurance program for surface impoundments, waste piles, and landfills, as specified. 

Owners/operators use this plan to construct and maintain these units in a manner that prevents 

unforseen releases of hazardous wastes.

Section 264.1(j)(10) requires owners/operators of remediation waste management sites to 

develop and maintain contingency and emergency plans. The contingency and emergency plans 

are used by the owner/operator to assure an appropriate response to any unplanned release of 

hazardous waste or hazardous waste constituents during the remedial action. 
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Section 264.1(j)(12) requires owners/operators of remediation waste management sites to 

develop, maintain, and implement a plan to meet the requirements in sections 264.1(j)(2) through 

(j)(6) and sections 264.1(j)(9) through (j)(10). 40 CFR 264.1(j)(13) requires owners/operators of 

remediation waste management sites to maintain records documenting compliance with sections 

264.1(j)(1) through (j)(12). Under 40 CFR 264.73(b)(17), owners/operators of remediation 

waste management sites are required to record, as it becomes available, and maintain in the 

operating record any records required under section 264.1(j)(13). Owners/operators use these 

records to keep track of maintenance and repairs, inspections, design criteria, and compliance 

with other aspects of hazardous waste remediation.

For owners/operators of hazardous remediation waste management sites subject to the 40 

CFR 264.1(j) and part 270, subpart H requirements, the reporting burden is estimated to be 27.33 

hours per respondent per year. This hourly burden includes time for preparing and submitting a 

RAP application, information to modify a RAP, and information to transfer a RAP. The 

recordkeeping burden is estimated to be 42.13 hours per respondent per year. This hourly 

burden includes time for reading the regulations and maintaining documentation (e.g., waste 

analyses results, contingency and emergency plan, file of RAP documents) on site.

(2) Requirements for Staging Piles

Data submitted by owners/operators seeking designation of staging piles is used by EPA 

to evaluate and approve proposed remedial actions involving staging piles. Specifically, EPA 

uses the data to develop standards and design criteria for staging piles that are included in an 

approved permit, order, or closure plan. Similarly, when owners/operators request extensions to 

the two-year limit for operating a staging pile, EPA uses submitted data to evaluate the need for 

and protectiveness of the extension, and to issue further standards and design criteria if needed. 

Owners/operators using a staging pile in uncontaminated areas must close the staging 

piles in accordance with applicable requirements of sections 264.258(a) and 264.111 or 

265.258(a) and 265.111. Information submitted by owners/operators pursuant to these closure 

and post-closure care requirements is used by EPA to approve closure plans and ensure that the 

site does not pose a continuing threat to human health and the environment.

Section 264.554(l) specifies procedures for incorporating staging piles into existing 

RCRA permits, closure plans, or orders. In processing the information collected, EPA ensures 

that the proposed modifications will comply with all applicable provisions of RCRA. 

For owners/operators of hazardous remediation waste management sites subject to the 40 

CFR 264.554 requirements for staging piles, the reporting burden is estimated to be 7.08 hours 

per year per respondent. This hourly burden includes time for preparing and submitting 

information for a staging pile designation and documentation supporting a staging pile extension. 

The recordkeeping burden is estimated to be 12.61 hours per respondent per year. This hourly 

burden includes time for reading the regulations and complying with the recordkeeping 
13

requirements in section 264.554(d)(1)(iii).

(3) Remedial Action Plans

Information submitted in RAP applications and renewals, including requested additional 

information, is used by the Director to verify that proposed remedial activities will be conducted 

in accordance with applicable regulations and in a manner which protects human health and the 

environment. In addition, the Director may use the information in aggregate (e.g., number of 

RAPs approved) to track and evaluate RCRA implementation and to assist with further program 

development.

Section 270.210 requires owners/operators to maintain a file of RAP-related documents. 

The owners/operators use information included in the operating record to minimize unanticipated 

damage from the treatment, storage, or disposal of hazardous remediation waste. If an 

unanticipated release occurs, the owner/operator may review the information in the file to 

determine the composition of the waste and appropriate contingency measures.

In the event that a remediation waste management site changes ownership, a RAP may be 

transferred to the new owner/operator under the procedures in section 270.220. Specifically, the 

current owner/operator is required to submit to the Director a modified RAP and a written 

agreement between the current and new owner/operator. The Director uses this information to 

maintain accurate records on the ownership of the sites and to ensure that new owners/operators 

are aware of their rights and obligations under part 270, subpart H.

Under section 270.230, owners/operators may request a RAP for remediation waste 

management activities at a location removed from the area where the remediation wastes 

originated if they believe such a location would be more protective than the contaminated area or 

areas in close proximity. The Director uses the information to verify that proposed remedial 

activities will be conducted in accordance with applicable regulations in a manner that protects 

human health and the environment.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Nonduplication

No document identical or similar in purpose to the RAP is required by the Federal 

government. Since management of hazardous contaminated media will take place under many 

Federal and State remedial programs, the Agency has established RAP requirements that are 

flexible enough so that any enforceable document used by one of these programs, which contains 

the relevant information and goes through at least the minimum public participation requirements 
14

in section 270.145, can be considered equivalent to the RAP. A respondent would not be 

required to duplicate effort or documentation to meet the requirements of the RAP. 

Most of the information required by the regulations is not available from any source but 

the respondents. To avoid duplicating previous work, EPA allows respondents to draw upon 

similar analyses in compiling data (e.g., for waste analyses), provided the information meets the 

requirements specified in the regulations.

3(b) Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in 

the Federal Register on February 28, 2012 (77 FR 12046). No comments were received.

3(c) Consultations

In developing this ICR for the HWIR-Media final rule, EPA conducted consultations 

with industry regarding the hazardous remediation waste management requirements covered in 

this ICR. Their feedback enabled the Agency to develop hour and cost assumptions that are 

representative of their “real-world” experience. These respondents were identified in that 

previous ICR. As with the previous renewal (ICR Number 1775.05), EPA has updated the costs 

to reflect inflation, but has no reason to believe that the number of burden hours has changed.

In developing this current ICR, EPA consulted with one State agency and two EPA 

Regional offices to ascertain the number of respondents subject to the RAP requirements under 

40 CFR part 270. Contact information for them is provided below:

State Agency Contact Name Phone 

Number

Alabama Department of Environmental

Management 

Mr. Brian Espy (334) 271-7749

Environmental Protection Agency, Region 1 Mr. Bob Bracket (617) 918-1364

Environmental Protection Agency, Region 7 Ms. Lynn Slugantz

Mr. Jeremy Johnson

(913) 551-7883

(913) 551-7510
15

3(d) Effects of Less Frequent Collection

EPA has carefully considered the burden imposed upon the regulated community by the 

general requirements for remediation waste management sites. EPA is confident that those 

activities required of respondents are necessary, and to the extent possible, has attempted to 

minimize the burden imposed. EPA believes strongly that if the minimum requirements 

specified under the regulations are not met, neither the facilities nor EPA can ensure that 

hazardous remediation wastes will be managed properly, and will not pose a serious threat to 

human health and the environment.

Since the RAP is a one-time document for a particular remediation waste management 

site, less frequent preparation is not possible. At some sites, periodic review or renewal of the 

RAP may be needed to assure that the remedy continues to comply with currently applicable 

RCRA requirements. RAPs are for fixed terms, not to exceed ten years. When remedies 

continue beyond the term of the RAP, the Director may renew the RAP unchanged or with 

changes as needed. In addition, the Director must review RAPs for hazardous waste land 

disposal facilities every five years. Although the RAP renewals and five-year reviews do not 

require owners/operators to submit progress reports or new applications, communication will be 

necessary to appraise the Director of the status of the cleanup. 

3(e) General Guidelines

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

(PRA), 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 define EPA’s general 

policy on public disclosure of information, contain provisions for confidentiality. In addition, 

under section 270.115, EPA has established procedures that owners/operators submitting RAPs 

may use to claim as confidential any or all of the information submitted as part of the 

application. If such a claim were asserted, EPA must and will treat the information in 

accordance with the regulations above. Finally, EPA has ensured that this information collection 

complies with the Privacy Act of 1974 and OMB Circular 108.

3(g) Sensitive Questions

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

requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondent SIC/NAICS Codes
16

The following is a list of North American Industrial Classification System (NAICS) 

codes associated with facilities most likely affected by the information requirements covered in 

this ICR.

Industry Sector NAICS Code(s)

Wood Preservation 321114

Alkalies and Chlorine Manufacturing 325181

All Other Miscellaneous Chemical Product and Preparation 

Manufacturing

325998

Plastics Material and Resin Manufacturing 325211

All Other Basic Organic Chemical Manufacturing 325199

Pesticide and Other Agricultural Chemical Manufacturing 32532

Petroleum Refineries 32411

Plastics and Rubber Products Manufacturing 326

All Other Plastic Products Manufacturing 326199

Other Pressed and Blown Glass and Glassware Manufacturing 327212

Rolled Steel Shape Manufacturing 331221

Nonferrous Metal (except Aluminum) Production and Processing 3314

Secondary Smelting and Alloying of Aluminum 331314

Fabricated Metal Product Manufacturing 332

Small Arms Ammunition Manufacturing 332992

Other Ordnance and Accessories Manufacturing 332995

Mechanical Power Transmission Equipment Manufacturing 333613

Communications Equipment Manufacturing 3342

Semiconductors and Related Device Manufacturing 334413

Storage Battery Manufacturing 335911

Aerospace Product and Parts Manufacturing 3364

Guided Missile and Space Vehicle Propulsion Unit and Propulsion 

Unit Parts Manufacturing 

336415

Travel Trailer and Camper Manufacturing 336214

Navigational, Measuring, Electromedical, and Control Instruments 

Manufacturing 

3345

Surgical and Medical Instrument Manufacturing 339112

Other Support Activities for Road Transportation 48849

Support Activities for Air Transportation 4881

Waste Treatment and Disposal 5622

Dry Cleaning and Laundry Services 8123

Colleges, Universities, and Professional Schools 61131

National Security 92811

4(b) Information Requested
17

(1) General Requirements for Hazardous Remediation Waste Management Sites

(a) EPA Identification Number

40 CFR 264.1(j)(1) requires owners/operators of remediation waste management sites to 

have EPA identification numbers. An EPA identification number can be obtained by applying to 

the Administrator using EPA Form 8700-12.

(i) Data Item:

The data item required of owners/operators includes: 

· A completed EPA Form 8700-12.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Complete and submit EPA Form 8700-12.

[Note: This ICR does not address the requirement in 40 CFR 264.1(j)(1) for obtaining an 

EPA identification number. Refer to “Notification of Regulated Waste Activity,” ICR Number 

261, for this requirement.]

(b) Waste Analyses

40 CFR 264.1(j)(2) requires owners/operators of remediation waste management sites to 

obtain a detailed chemical and physical analysis of a representative sample of the hazardous 

remediation wastes to be managed at the site. At a minimum, the waste analysis must contain all 

the information that must be known to treat, store or disposed of the waste in accordance with 40 

CFR parts 264 and 268, and must be kept accurate and up to date.

(i) Data Item:

The data item required of owners/operators includes: 

· A detailed chemical and physical analysis of a representative sample of the 

hazardous remediation wastes to be managed at the site.

(ii) Respondent Activity:

In order to comply with the above requirements, owners/operators must conduct the 
18

following activity:

· Perform waste analysis.

(c) Inspections

40 CFR 264.1(j)(4) requires owners/operators to inspect the remediation waste 

management site for malfunctions, deterioration, operator errors, and discharges that may be 

causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat 

to human health. The owner/operator must conduct these inspections often enough to identify

problems in time to correct them before they harm human health or the environment, and must 

remedy the problem before it leads to a human health or environmental hazard. Where a hazard 

is imminent or has already occurred, the owner/operator must take remedial action immediately.

(i) Data Item:

The data item required of owners/operators includes: 

· An inspection record.

(ii) Respondent Activity:

In order to comply with the above requirements, owners/operators must conduct the 

following activity:

· Conduct inspections.

(d) Demonstrations for Remediation Waste Management Sites in Floodplains

Under 40 CFR 264.1(j)(7), owners/operators of remediation waste management sites 

subject to regulation under part 264, subparts I through O and subpart X must design, construct, 

operate, and maintain units within a 100-year floodplain to prevent washout of any hazardous 

waste by a 100-year flood, unless they can meet the demonstration requirements of section 

264.18(b). 

(i) Data Item:

The data item required of owners/operators includes: 

· A demonstration that establishes that procedures are in effect which will cause the 

waste to be removed safely, before flood waters can reach the facility, to a 

location where the wastes will not be vulnerable to flood waters.

(ii) Respondent Activity:
19

In order to comply with the above requirements, owners/operators must conduct the 

following activity:

· Prepare and submit demonstration for exemption from design and operating 

standards under §264.18(b).

(e) Construction Quality Assurance Program

40 CFR 264.1(j)(9) requires owners/operators to develop and maintain a construction 

quality assurance program for all surface impoundments, waste piles, and landfill units that are 

required to comply with sections 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d) 

at the remediation waste management site, according to the requirements of section 264.19.

(i) Data Item:

The data item required of owners/operators includes: 

· A construction quality assurance program.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Develop and maintain a construction quality assurance program.

(f) Contingency and Emergency Plan

40 CFR 264.1(j)(10) requires owners/operators of remediation waste management sites to 

develop and maintain procedures to prevent accidents. These procedures must address proper 

design, construction, maintenance, and operation of hazardous remediation waste management 

units at the site. 

In addition, owners/operators must develop and maintain a contingency and emergency

plan to control accidents that occur. The plan must explain specifically how to treat, store, and 

dispose of the hazardous remediation waste in question, and must be implemented immediately

whenever fire, explosion, or release of hazardous waste or hazardous waste constituents that 

could threaten human health or the environment.

(i) Data Items:

The data items required of owners/operators include: 
20

· Procedures to prevent accidents; and

· A contingency and emergency plan.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Develop and maintain procedures to prevent accidents; and

· Develop and maintain contingency and emergency plan.

(g) Compliance Plan

40 CFR 264.1(j)(12) requires owners/operators of remediation waste management sites to 

develop, maintain, and implement a plan to meet the requirements in sections 264.1(j)(2) through 

(j)(6) and sections 264.1(j)(9) through (j)(10).

(i) Data Item:

The data item required of owners/operators includes: 

· A compliance plan.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Develop, maintain, and implement a plan to meet the requirements in 

§§264.1(j)(2) through (j)(6) and §§264.1(j)(9) through (j)(10).

(h) Recordkeeping Requirements

40 CFR 264.1(j)(13) requires owners/operators of remediation waste management sites to 

maintain records documenting compliance with sections 264.1(j)(1) through (j)(12). These 

records must be maintained in the operating record as required under section 264.73(b)(17).

(i) Data Items:

The data items required of owners/operators include: 

· Records documenting compliance with §§264.1(j)(1) through (j)(12).
21

(ii) Respondent Activity:

In order to comply with the above requirements, owners/operators must conduct the 

following activity:

· Keep records documenting compliance with §§264.1(j)(1) through (j)(12).

(2) Requirements for Staging Piles

(a) Designation of Staging Piles

Under 40 CFR 264.554(c)(1), owners/operators seeking staging pile designations must 

provide sufficient and accurate information to enable the Director to impose standards and 

design criteria for the staging pile. In addition, under section 264.554(c)(2), the owner/operator 

must provide a certification by an independent, qualified, registered professional engineer for 

technical data (e.g., design drawings and specifications, engineering studies), unless the Director 

determines, based on information provided by the owner/operator, that the certification is not 

necessary to ensure that the staging pile will protect human health and the environment. Finally, 

under section 264.554(c)(3), the owner/operator must provide any additional information the 

Director determines is necessary to protect human health and the environment.

(i) Data Items:

The data items required of owners/operators include: 

· Information that will enable the Director to impose standards and design criteria 

for the staging pile;

· Certification by an independent, qualified, registered professional engineer for 

technical data; and

· Any additional information requested by the Director.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Prepare information that will enable the Director to impose standards and design 

criteria for the staging pile;

· Obtain certification by an independent, qualified, registered professional engineer 

for technical data, unless the Director determines that the certification is not 
22

necessary;

· Submit information to the Director; and

· Prepare and submit additional information requested by the Director, if requested.

(b) Staging Pile Recordkeeping

As provided under 40 CFR 264.554(d)(1)(iii), a staging pile must not operate for more 

than two years, except when the Director grants an operating term extension under section 

264.554(i). The owner/operator must measure the two-year limit, or other operating term 

specified by the Director in the permit, closure plan, or order, from the first time remediation 

waste is placed into the staging pile. The owner/operator must maintain a record of the date 

when remediation waste was first placed into the staging pile for the life of the permit, order, or 

approved closure plan, or for three years, whichever is longer.

(i) Data Item:

The data item required of owners/operators includes: 

· A record of the date when the remediation waste was first placed into the staging 

pile. 

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Record the date of waste placement in the unit; and

· File the record.

(c) Staging Pile Extensions

Under 40 CFR 264.554(i)(1), the Director may grant one operating term extension for a 

staging pile of up to 180 days beyond the operating term limit contained in the permit, closure 

plan, or order. To obtain an extension, owners/operators must document that an extension will 

not pose a threat to human health and the environment and is necessary to ensure timely and 

efficient implementation of remedial actions at the facility.

(i) Data Item:

The data item required of owners/operators includes: 
23

· Information documenting that an extension: (1) will not pose a threat to human 

health and the environment and (2) is necessary to ensure timely and efficient 

implementation of remedial actions at the facility.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Prepare documentation supporting an extension; and

· Submit request for extension.

(d) Closure of Staging Piles

40 CFR 264.554(k) provides that, within 180 days after the operating term of the staging 

pile expires, owners/operators must close a staging pile located in an uncontaminated area of the 

site in accordance with sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111 

(i.e., the closure requirements for waste piles). [Note: This ICR does not address the 

requirements in 40 CFR 264.258(a), 265.258(a), 264.111, and 265.111 for closing a staging pile. 

Refer to “General Hazardous Waste Facility Standards,” ICR Number 1571, for these 

requirements. 

(e) Incorporation of Staging Piles into Existing Permits

40 CFR 264.554(l) specifies procedures for incorporating staging piles into existing 

permits (including RAPs), closure plans, or orders. Pursuant to section 264.554(l)(1), a permit, 

other than a RAP, may be modified to incorporate a staging pile or staging pile operating term 

extension as part of an Agency-initiated permit modification under section 270.41or as part of an 

owner/operator initiated Class 2 permit modification under section 270.42. [Note: This ICR 

does not address the requirements in 40 CFR 270.41 and 270.42 for modifying an existing 

RCRA permit. Refer to “Part B Permit Application, Permit Modifications, and Special Permits,” 

ICR Number 1573, for these requirements.]

Pursuant to section 264.554(l)(2), an owner/operator may modify an existing RAP to 

incorporate a staging pile or staging pile operating term extension by complying with the RAP 

modification requirements under sections 270.170 and 270.175. [Note: Refer to subsection 

“RAP Modification, Revocation and Reissuance, and Termination” of this ICR for requirements 

applicable to owners/operators of remediation waste management sites modifying their RAP.]

Pursuant to section 265.554(l)(3), an owner/operator may modify an existing closure plan 

to incorporate a staging pile or staging pile operating term extension by following the applicable 

requirements under section 264.112(c) or 265.112(c). [Note: This ICR does not address the 

requirements in 40 CFR 264.112(c) or 265.112(c) for modifying an existing closure plan. Refer 
24

to “Part B Permit Application, Permit Modifications, and Special Permits,” ICR Number 1573, 

for the requirements under section 264.112(c). Refer to “General Hazardous Waste Facility

Standards,” ICR Number 1571, for the requirements under section 265.112(c).]

Pursuant to section 264.554(l)(4), an owner/operator may modify an existing order to 

incorporate a staging pile or staging pile operating term extension by following the terms of the 

order and the applicable provisions of section 270.72(a)(5) or 270.72(b)(5). [Note: Facilities 

incorporating staging piles into their orders would not follow the requirements in this ICR. 

Rather, they would follow the procedures spelled out in their site-specific order. As such, these 

facilities are not addressed in this ICR.]

(3) Remedial Action Plans

(a) RAP Application

40 CFR 270.80(a) defines a RAP as a special form of RCRA permit that an 

owner/operator of a remediation waste management site may obtain, instead of a permit issued 

under sections 270.3 through 270.66, to treat, store, or dispose of hazardous remediation waste at 

a remediation waste management site. 

Under 40 CFR 270.85(a), whenever an owner/operator treats, stores, or disposes of 

hazardous remediation waste in a manner that requires a RCRA permit under section 270.1, the 

owner/operator must either obtain a RCRA permit or a RAP. 

Under 40 CFR 270.85(c), an owner/operator may obtain a RAP for managing hazardous 

remediation waste at an already permitted RCRA facility. This RAP must be approved as a 

modification to the existing permit according to the requirements of section 270.41 or section 

270.42. However, when the owner/operator submits an application for such modification, the 

information requirements in section 270.42(a)(1)(i), (b)(1)(iv), and (c)(1)(iv) do not apply; 

instead, the owner/operator must submit the information required under section 270.110. When 

the permit is modified, the RAP becomes part of the RCRA permit. [Note: This ICR does not 

address the requirements in 40 CFR 270.41 and 270.42 for modifying an existing RCRA permit. 

Refer to “Part B Permit Application, Permit Modifications, and Special Permits,” ICR Number 

1573, for these requirements.]

Under 40 CFR 270.95, an owner/operator may apply for a RAP by completing an 

application, signing it, and submitting it to the Director. 

40 CFR 270.100 provides that, when a facility or remediation waste management site is 

owned by one person, but the treatment, storage, or disposal activities are operated by another 

person, it is the operator’s duty to obtain a RAP. Under section 270.105, both the owner and the 

operator must sign the RAP application and any required reports according to sections 270.11(a) 

through (c). In addition, both the owner and the operator must also make the certification 

required under section 270.11(d)(1). However, the owner may choose the alternative 
25

certification under section 270.11(d)(2) if the operator certifies under section 270.11(d)(1).

The RAP application must include all the information specified in section 270.110. 

Under section 270.115, an owner/operator may claim as confidential any or all of the information 

he submits to EPA. Any such claim must be asserted at the time he submits his RAP application 

or other submissions by stamping the words “confidential business information” on each page 

containing such information. 

The owner/operator must submit the RAP application to the Director for approval 

(§270.120). If the RAP application is submitted as part of another document, he must clearly 

identify the components of that document that constitute the RAP application (§270.125).

40 CFR 270.130(b) provides that, if the Director tentatively finds that a RAP application 

does not include all of the information requested in section 270.110 or that the proposed 

remediation waste management activities do not meet the regulatory standards, the Director may

request additional information from the owner/operator or ask the owner/operator to correct 

deficiencies in his application.

(i) Data Item:

The data item required of owners/operators includes a RAP application with the 

following information: 

· Owner and operator signatures in accordance with §270.11(a) through (c);

· Owner and operator certifications required under §270.11(d);

· Information specified in §270.110:

-- The name, address, and EPA identification number of the remediation 

waste management site;

-- The name, address, and telephone number of the owner and operator;

-- The latitude and longitude of the site;

-- The U.S. Geological Survey or county map showing the location of the 

remediation waste management site;

-- A scaled drawing of the remediation waste management site showing:

 The remediation waste management site boundaries;

 Any significant physical structures;

 The boundary of all areas on site where remediation waste is to be 

treated, stored, or disposed;

-- A specification of the hazardous remediation 

waste to be treated, stored, or disposed of at 

the facility or remediation waste 

management site, including the following 
26

information:

 Constituent concentrations and other properties of the hazardous 

remediation wastes that may affect how such materials should be 

treated and/or otherwise managed;

 An estimate of the quantity of these wastes;

 A description of the processes that will be used to treat, store, or 

dispose of the waste including technologies, handling systems, 

design, and operating parameters that will be used to treat 

hazardous remediation wastes before disposing of them according 

to the land disposal restrictions standards of part 268, as 

applicable;

-- Enough information to demonstrate that operations that follow the 

provision in the RAP application will ensure compliance with applicable 

requirements of parts 264, 266, and 268;

-- Such information as may be necessary to enable the Regional 

Administrator to carry out his duties under other Federal laws as required 

for traditional RCRA permits under §270.14(b)(20);

-- Any other information the Director decides is necessary for demonstrating 

compliance with 40 CFR part 270, subpart H or for determining any 

additional RAP conditions that are necessary to protect human health and 

the environment; and

· If claiming as confidential any or all of the information on the RAP application or 

other submissions, a stamp with the words “confidential business information” on 

each page containing such information. 

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Prepare RAP application;

· Submit RAP application; and

· Prepare and submit additional information, if requested.

(b) RAP Modification, Revocation and Reissuance, and Termination

Under 40 CFR 270.170, the Director must specify in a RAP, either directly or by

reference, procedures for future modifications, revocations and reissuance, or termination of the 

RAP. These procedures must provide adequate opportunities for public review and comment on 

any modification, revocation and reissuance, or termination that would significantly change the 

management of the remediation waste, or that otherwise merits public review and comment. 
27

If the RAP has been incorporated into a traditional RCRA permit, as allowed under 

section 270.85(c), then the RAP will be modified according to the applicable requirements in 

sections 270.40 through 270.42, revoked and reissued according to the applicable requirements 

in sections 270.41 and 270.43, or terminated according to applicable requirements of section 

270.43. [Note: This ICR does not address the requirements in 40 CFR 270.41 through 270.43 

for modifying, revoking and reissuing, and terminating a RCRA permit. Refer to “Part B Permit 

Application, Permit Modifications, and Special Permits,” ICR Number 1573, for these 

requirements.]

(i) Data Item:

The data item required of owners/operators includes: 

· Information necessary to modify RAP, as specified in the RAP.

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators must conduct the 

following activities:

· Prepare and submit information to modify RAP in accordance with procedures 

specified in the RAP.

(c) RAP Renewal

Under 40 CFR 270.195, RAPs must be issued for a fixed term, not to exceed ten years, 

although they may be renewed upon approval by the Director in fixed increments of no more 

than ten years. Under section 270.200, if an owner/operator wishes to renew his expiring RAP, 

he must follow the process for application for and issuance of RAPs. [Note: Refer to subsection 

“RAP Application” of this ICR for requirements applicable to owners/operators of remediation 

waste management sites renewing their RAP.]

(d) RAP Recordkeeping

40 CFR 270.210 requires owners/operators of remediation waste management sites to 

keep records concerning their RAP. All records must be kept for a period of at least three years 

from the date the RAP application is signed.

(i) Data Items:

The data items required of owners/operators include: 

· All data used to complete RAP applications and any supplemental information 
28

submitted; and

· Any operating and/or other records required as a condition of the RAP.

(ii) Respondent Activity:

In order to comply with the above requirements, owners/operators must conduct the 

following activity:

· Maintain a file of RAP documents.

(e) RAP Transfers

Under 40 CFR 270.220(a), owners/operators of remediation waste management sites may

transfer their RAPs to new owners/operators. To transfer the RAP, owners/operators must 

follow the requirements specified in their RAP for RAP modification to identify the new 

owner/operator, and incorporate any other necessary requirements.2 The new owner/operator 

must submit a revised RAP application no later than 90 days before the scheduled change along 

with a written agreement containing a specific date for transfer of RAP responsibility between 

the owner/operator and the new permittees.

Under 40 CFR 270.220(b), when a transfer of ownership occurs, the old owner/operator 

must comply with applicable requirements of 40 CFR part 264, subpart H, until the new 

owner/operator has demonstrated compliance (i.e., within six months of the date of the change). 

[Note: The demonstrations under 40 CFR part 264, subpart H are addressed in “General 

Hazardous Waste Facility Standards,” ICR Number 1571.]

(i) Data Items:

The data item required of the owner/operator with the RAP includes: 

· Information specified in the RAP for RAP modification.

The data items required of the new owner/operator include: 

· A revised RAP application; and

· A written agreement containing a specific date for transfer of RAP responsibility

between the owner/operator and the new permittees.

 

2

 These modifications do not constitute “significant” modifications for purposes of section 270.170. 
29

(ii) Respondent Activities:

In order to comply with the above requirements, owners/operators with the RAP must 

conduct the following activity:

· Modify RAP.

In order to comply with the above requirements, the new owners/operators must conduct 

the following activities:

· Prepare a revised RAP application and a written agreement containing a specific 

date for transfer of RAP responsibility between the owner/operator and the new 

permittees; and

· Submit modified RAP and written agreement to the Director no later than 90 days 

before the scheduled changes.

(f) RAP for an Off-Site Location

Under 40 CFR 270.230(a), owners/operators may request a RAP for hazardous 

remediation waste management activities at a location removed from the area where the 

remediation wastes originated if they believe such a location would be more protective than the 

contaminated area or areas in close proximity. Owners/operators must request the RAP, and the 

Director will approve or deny the RAP, according to the requirements in part 270, subpart H 

(§270.230(c)). [Note: Refer to subsection “RAP Application” of this ICR for requirements 

applicable to owners/operators of remediation waste management sites applying for a RAP.]

A RAP for an alternative location must meet the additional requirements specified in 

section 270.230(d), including the RCRA expanded public participation requirements in sections 

124.31 through 124.33. [Note: This ICR does not address the expanded public participation 

requirements in 40 CFR 124.31 through 124.33. Refer to “RCRA Expanded Public 

Participation,” ICR Number 1688, for these requirements.]

In addition, under section 270.230(e)(2), these alternative locations are remediation waste 

management sites, and retain the benefit of complying with the requirements of section 264.1(j) 

in lieu of part 264, subpart B, C, and D. [Note: Refer to subsection “General Requirements for 

Hazardous Remediation Waste Management Sites” of this ICR for these requirements.]
30

5. THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

(1) General Requirements for Hazardous Remediation Waste Management Sites

(a) Demonstrations for Remediation Waste Management Sites in Floodplains

The Director must receive and review information submitted by owners/operators to meet 

the demonstration of section 264.18(b).

(2) Requirements for Staging Piles

(a) Designation of Staging Piles

The Director must receive and review information submitted by all owners/operators 

seeking a staging pile designation. Based on this information, the Director designates a staging 

pile in a permit, closure plan, or order under section 264.554(b) and establishes standards and 

design criteria in accordance with section 264.554(d). In addition, the Director may receive and 

review additional information for staging pile designations submitted under section 

264.554(c)(3).

(b) Staging Pile Extensions

Under 40 CFR 264.554(h), the Director designates in the permit the length of time the 

owner/operator may use a staging pile, which may be up to two years. Under section 264.554(i), 

the Director may grant extensions of up to 180 days for the use of staging piles. The Director 

must receive and review request for extensions from owners/operators, and determine whether to 

grant an extension. The Director may, as a condition of the extension, specify further standards 

and design criteria in the permit, closure plan, or order. 

(c) Closure of Staging Piles

40 CFR 264.554(j) provides that, within 180 days after the operating term of the staging 

pile expires, owners/operators must close a staging pile located in a previously contaminated area 

of the site by removing or decontaminating all remediation waste, contaminated containment 

system components, and structures and equipment contaminated with waste and leachate. The 

owner/operator must also decontaminate subsoils in a manner and according to a schedule that 

the Director determines will protect human health and the environment. The Director must 

include these requirements in the permit, closure plan, or order in which the staging pile is 

designated.

Section 264.554(k) provides that, within 180 days after the operating term of the staging 
31

pile expires, owners/operators must close a staging pile located in an uncontaminated area of the 

site according to sections 264.258(a) and 264.111; or according to sections 265.258(a) and 

265.111. The Director must include the above requirement in the permit, closure plan, or order 

in which the staging pile is designated.

[Note: This ICR does not address the requirements for preparing a permit (other than a 

RAP), a closure plan, or an order. Refer to “General Hazardous Waste Facility Standards,” ICR 

Number 1571, for these requirements.]

(d) Incorporation of Staging Piles into Existing Permits

40 CFR 264.554(l) specifies procedures for incorporating staging piles into existing 

permits (including RAPs), closure plans, or orders. Pursuant to section 264.554(l)(1), a permit, 

other than a RAP, may be modified to incorporate a staging pile or staging pile operating term 

extension as part of an Agency-initiated permit modification under section 270.41or as part of an 

owner/operator initiated Class 2 permit modification under section 270.42. [Note: This ICR 

does not address the requirements in 40 CFR 264.41 and 264.42 for modifying an existing 

RCRA permit. Refer to “Part B Permit Application, Permit Modifications, and Special Permits,” 

ICR Number 1573, for these requirements.]

(e) Data Availability

Under section 264.554(m), the Director must document the rationale for designating a 

staging pile or staging pile operating term extension and make this documentation available to 

the public.

(3) Remedial Action Plans

(a) RAP Applications

According to 40 CFR 270.95 and 270.120, the Director must receive RAP applications 

for approval. Sections 270.130 through 270.140 identify the activities the Director must follow 

to review and approve RAP applications. As part of this process, the Director may require RAP 

applicants to provide additional information, as described in section 270.110(i). When additional 

information is requested, the Director must receive and review the information to ensure that the 

RAP application complies with applicable hazardous remediation waste management standards 

and, if necessary, develop additional permit conditions.

Based on the RAP application, the Director must prepare either a draft RAP or a notice of 

intent to deny the RAP. Section 270.135 describes what the Director must include in a draft 

RAP. 

Under section 270.140(a), the Director must prepare a statement of basis that briefly 

describes the derivation of conditions of the draft RAP or the rationale for the notice of intent to 
32

deny the RAP. Under section 270.140(b), the Director must compile an administrative record. 

Under section 270.140(c), the Director must make that record available to the public. The 

administrative record should include the following items:

· The RAP application and any supporting data furnished by the applicant;

· The draft RAP or notice of intent to deny;

· The statement of basis and all documents cited therein; and

· Other documents supporting the decision to approve or deny the RAP

Under 40 CFR 270.85(c), an owner/operator may obtain a RAP for managing hazardous 

remediation waste at an already permitted RCRA facility. This RAP must be approved as a 

modification to the existing permit according to the requirements of section 270.41 or section 

270.42. When the permit is modified, the RAP becomes part of the RCRA permit. [Note: This 

ICR does not address the requirements in 40 CFR 270.41 and 270.42 for modifying an existing 

RCRA permit. Refer to “Part B Permit Application, Permit Modifications, and Special Permits,” 

ICR Number 1573, for these requirements.]

(b) Public Comment on the Draft RAP or Notice of Intent to Deny

Under 40 CFR 270.145, the Director must notify the applicant of his intention to approve 

or deny the RAP application. The Director also must notify the public of his intention to approve 

or deny the RAP application by publishing a notice in a major local newspaper or general 

circulation and broadcasting his intention over a local radio station. In addition, the Director 

must notify the applicable local government and State agencies of his intention.

The public notice must provide an opportunity for the public to submit written comments 

on the draft RAP or notice of intent to deny within at least 45 days. If, within the comment 

period, the Director receives written notice of opposition to his intention to approve or deny the 

RAP application and a request for a hearing, the Director must hold an informal public hearing to 

discuss issues related to the approval or denial of the RAP application. The Director may also 

determine on his own initiative that an informal hearing is appropriate. The Director must notify

the public that a hearing will take place.

(c) RAP Final Decisions

40 CFR 270.150 specifies the procedures by which the Director must make a final 

decision on RAP applications. If the RAP is to be approved, the Director must issue a final RAP 

and notify the applicant and all commenters on the draft RAP of the approval in writing. If the 

RAP is denied, the Director must prepare and send to the applicant and all commenters on the 

draft RAP of the denial in writing. Before issuing a final decision, the Director must compile an 

administrative record that includes the following items:
33

· All comments received during the public comment period; 

· Tapes or transcripts of any hearings;

· Any written materials submitted at such hearings;

· The responses to comments;

· Any new material placed in the record since issuance of the draft RAP;

· Any other documents supporting the RAP; and

· A copy of the final RAP.

(d) Administrative Appeal of a RAP Application

Under 40 CFR 270.155, the Director must review administrative appeals of the Director’s 

decision to approve or deny a RAP. The Director must then give public notice of any grant of 

review of RAPs by the Environmental Appeals Board (EAB).

(e) RAP Modification, Revocation and Reissuance, and Termination

Under 40 CFR 270.170, the Director must specify in a RAP, either directly or by

reference, procedures for future modifications, revocations and reissuance, or termination of the 

RAP. These procedures must provide adequate opportunities for public review and comment on 

any modification, revocation and reissuance, or termination that would significantly change the 

management of the remediation waste, or that otherwise merits public review and comment. 

Under sections 270.175 and 270.185, the Director may choose to modify the final RAP 

because the owner/operator made material and substantial alterations to the RAP, new 

information became available, or standards and regulations under which the RAP was submitted 

have changed. In addition, if the RAP includes a compliance schedule, the Director may modify

it if events over which the owner/operator has little control over affect RAP activities (e.g., a 

flood). 

If the RAP has been incorporated into a traditional RCRA permit, as allowed under 

section 270.85(c), then the RAP will be modified according to the applicable requirements in 

sections 270.40 through 270.42, revoked and reissued according to the applicable requirements 

in sections 270.41 and 270.43, or terminated according to applicable requirements of section 

270.43. [Note: This ICR does not address the requirements in 40 CFR 270.41 through 270.43 

for modifying, revoking and reissuing, and terminating a RCRA permit. Refer to “Part B Permit 

Application, Permit Modifications, and Special Permits,” ICR Number 1573, for these 

requirements.]
34

(f) Administrative Appeal of a Modification, Revocation and Reissuance, or 

Termination of a RAP

Under 40 CFR 270.190(c), the EAB must review administrative appeals of revisions to a 

RAP. The Board must act on the appeal within 60 days of receiving it; otherwise, the appeal is 

considered denied.

(g) RAP Expiration

Under 40 CFR 270.195, the Director may renew the RAP for up to 10 years. In addition, 

the Director must review any RAP for hazardous waste land disposal five years after the RAP is 

issued or reissued.

(h) RAP Transfers

Under 40 CFR 270.220, once the new owner/operator has submitted a revised RAP 

application, and has demonstrated compliance with 40 CFR part 264, subpart H, the Director will 

notify the previous owner/operator that he or she no longer has to comply with 40 CFR part 264, 

subpart H.

(i) RAP for an Off-Site Location

Under 40 CFR 270.230, if the applicant wishes to perform remediation waste 

management activities under a RAP at a location removed from the area where the waste 

originated, the Director must approve a RAP for this alternative location and must include in the 

RAP that the alternative location meets the requirements of section 270.230(d). [Note: Refer to 

subsection “RAP Applications” of this ICR for Agency requirements associated with the RAP 

application process. Refer to “RCRA Expanded Public Participation,” ICR Number 1688, for 

the expanded public participation requirements in 40 CFR 124.31 through 124.33.]

5(b) Collection Methodology and Management

In collecting and analyzing the information submitted, EPA uses equipment such as 

personal computers and applicable data base software, when appropriate. As part of the RAP 

application process, the public will receive information through newspaper announcements and 

other media, and, upon request, will have access to additional data in the administrative record.
35

5(c) Small Entity Flexibility

RAPs are not mandatory. The Agency believes that the RAP provisions provide a 

flexible, less burdensome alternative to RCRA permitting at remediation waste management 

sites. 

Staging piles provide an alternative to placing hazardous remediation waste in a waste 

pile. Staging piles are less burdensome because the waste need not be treated to land disposal 

restriction standards before being placed in the pile, as is the case for a waste pile. 

These regulatory alternatives may decrease burden for both small and large entities. 

5(d) Collection Schedule

(1) Requirements for Staging Piles

As provided under 40 CFR 264.554(d)(1)(iii), a staging pile must not operate for more 

than two years, except when the Director grants an operating term extension under section 

264.554(i). The owner/operator must measure the two-year limit, or other operating term 

specified by the Director in the permit, closure plan, or order, from the first time remediation 

waste is placed into the staging pile. The owner/operator must maintain a record of the date 

when remediation waste was first placed into the staging pile for the life of the permit, order, or 

approved closure plan, or for three years, whichever is longer.

Under 40 CFR 264.554(i)(1), the Director may grant one operating term extension for a 

staging pile of up to 180 days beyond the operating term limit contained in the permit, closure 

plan, or order. To obtain an extension, owners/operators must document that an extension will 

not pose a threat to human health and the environment and is necessary to ensure timely and 

efficient implementation of remedial actions at the facility.

40 CFR 264.554(k) provides that, within 180 days after the operating term of the staging 

pile expires, owners/operators must close a staging pile located in an uncontaminated area of the 

site in accordance with sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111 

(i.e., the closure requirements for waste piles).

(2) Remedial Action Plans
36

Under 40 CFR 270.220(a), owners/operators of remediation waste management sites may

transfer their RAPs to new owners/operators. To transfer the RAP, owners/operators must 

follow the requirements specified in their RAP for RAP modification to identify the new 

owner/operator, and incorporate any other necessary requirements. The new owner/operator 

must submit a revised RAP application no later than 90 days before the scheduled change along 

with a written agreement containing a specific date for transfer of RAP responsibility between 

the owner/operator and the new permittees.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Hours

EPA estimates respondent hourly burden for all the information collection requirements 

covered in this ICR in Exhibit 1. The burden estimates for each activity presented in Exhibit 1 

include the burden hours (total and by labor type) per respondent, as well as the overall burden 

hours for all respondents.

6(b) Estimating Respondent Costs

Exhibit 1 estimates the annual costs to respondents based on the cost of labor, capital, and 

operations and maintenance (O&M). 

(1) Labor Costs

For the private sector, EPA estimates an average hourly respondent labor cost (including 

fringe and overhead) of $122.72 for legal staff, $72.54 for managerial staff, $54.04 for technical 

staff, and $32.51 for clerical staff. These respondent labor costs were obtained from EPA ICR 

Number 0976.15.

(2) Capital Costs

Capital costs usually include any produced physical good needed to provide the necessary

information, such as machinery, computers, and other equipment. EPA does not anticipate that 

respondents will incur capital costs in carrying out the information collection requirements 

covered in this ICR.

(3) Operation & Maintenance Costs
37

O&M costs are those costs associated with a paperwork requirement incurred continually

over the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as “the 

recurring dollar amount of cost associated with O&M or purchasing services.” For this ICR, 

O&M costs cover mailing costs ($4.50 per submittal)3and waste analysis costs ($845 per 

respondent).4

6(c) Estimating Agency Hour and Cost Burden

EPA estimates the Agency hour and cost burden associated with the information 

collection requirements covered in this ICR. EPA estimates an average hourly labor cost of 

$86.56 for legal staff (GS15, Step 5), $76.38 for managerial staff (GS-15, Step 1), $54.94 for 

technical staff (GS-13, Step 1), and $23.44 for clerical staff (GS-06, Step 1). To derive these 

hourly estimates, EPA referred to the General Schedule (GS) Salary Table 2012. This 

publication summarizes the unloaded (base) hourly rate for various labor categories in the 

Federal Government. EPA then applied the standard government overhead factor of 1.6 to the 

unloaded rate to derive loaded hourly rates.

6(d) Estimating State Agency Burden and Cost

Thirty (30) States are authorized for the HWIR program, with an additional nine (9) States 

expected to be authorized over the next three years. EPA estimates the State Agency hour and 

cost burden associated with all information collection requirements covered in this ICR in 

Exhibit 3. 

For State agencies, EPA estimates an average hourly respondent labor cost (including 

fringe and overhead) of $57.54 for legal staff, $54.02 for managerial staff, $32.32 for technical 

staff, and $20.62 for clerical staff. These labor costs were obtained from EPA ICR Number 

0976.15.

6(e) Estimating the Respondent Universe and Total Hour and Cost Burden

(1) Respondent Universe

(a) Hazardous Remediation Waste Management Sites Subject to 40 CFR 264.1(j) 

and Part 270, Subpart H 

 

3

 Postage cost estimates are from the U.S. Postal Service and are based on the mailing cost for a 

two-pound package.

4

 Waste analysis costs are based on testing cost estimates for §264.13(a)(1) in “General Hazardous Waste 

Facility Standards,” ICR Number 1571. .
38

In estimating the number of owners/operators of hazardous remediation waste 

management sites subject to 40 CFR 264.1(j) and part 270, subpart H (i.e., the requirements for 

sites with RAPs), EPA conducted consultations with one State and two EPA Regions and has 

come to the conclusion that the number of entities covered by this ICR has not changed 

significantly from the previous renewal (ICR Number 1775.05). Based on this analysis, EPA 

estimates that, currently, there are 14 hazardous remediation waste management sites with RAPs. 

EPA also estimates that, each year, eight new owners/operators of hazardous remediation waste 

management sites will apply for a RAP. Thus, EPA estimates that, on average, 30 sites will be 

subject to the requirements in 40 CFR 264.1(j) and part 270, subpart H over the three-year period 

of this ICR. This is reflected in Table 1.

Table 1

Number of Hazardous Remediation Waste Management Sites 

Subject to 40 CFR 264.1(j) and Part 270, Subpart H

Type of Remediation Site Year 1 Year 2 Year 3

Existing 14 22 30

New 8 8 8

Total 22 30 38

Note that this ICR addresses only non-permitted sites under 40 CFR 264.1(j) and part 

270, subpart H. As discussed earlier in this ICR, a site may conduct cleanup through a RAP, 

permit, or other specified mechanism. Permitted facilities would obtain a RAP by modifying 

their permit. These activities are already addressed in “Part B Permit Application, Permit 

Modifications, and Special Permits,” ICR Number 1573. Therefore, this ICR addresses only 

non-permitted sites under the RAP requirements.

(b) Hazardous Remediation Waste Management Sites Subject to 40 CFR 264.554

In estimating the number of owners/operators of hazardous remediation waste 

management sites subject to the 40 CFR 264.554 requirements for staging piles, EPA referred to 

the Biennial Reporting System (BRS). Based on analysis of BRS data, EPA estimates that, 

currently, there are 88 existing hazardous remediation waste management sites with staging 

piles.5 EPA also estimates that, each year, 58 owners/operators of non-permitted hazardous 

 

5

 In estimating the number of existing hazardous remediation waste management sites, EPA analyzed data 

submitted by generators of remediation-derived waste (i.e., BRS source codes G41, G42, G43, G44, G45, and G49) 

to the 2001 and 2003 BRS. Based on these data, EPA found that, currently, there are 1,756 sites generating 

remediation-derived wastes. For purposes of this ICR, EPA assumes that only five percent of these sites (i.e., 0.05 x 

1,756 = 88) are subject to 40 CFR 264.554.
39

remediation waste management sites will seek a new staging pile designation.6, 7

(2) Annual Respondent Hour and Cost Burden

(a) Reading the Regulations

EPA estimates that 176 owners/operators of hazardous remediation waste management 

sites (i.e., 30 + 88 + 58 = 176) will be subject to the requirements in this ICR and will, therefore, 

read the regulations each year. 

(b) General Requirements for Hazardous Remediation Waste Management Sites

Following is a discussion of the Agency’s burden assumptions regarding sites subject to 

the 40 CFR 264.1(j) requirements.

(b1) Waste Analyses

Owners/operators of hazardous remediation waste managements sites are required to 

obtain a detailed chemical and physical analysis of a representative sample of the hazardous 

remediation waste to be managed at the site. EPA estimates that the owners/operators of all 30 

remediation sites will perform waste analyses in order to obtain this information each year.

(b2) Inspections

Owners/operators must inspect the remediation waste management site for malfunctions, 

deterioration, operator errors, and discharges that may be causing, or may lead to, a release of 

hazardous waste constituents to the environment, or a threat to human health. Note that this ICR 

burdens inspections under Section b6 of this subsection, “Compliance Plan.”

 

6

 In estimating the number of new hazardous remediation waste management sits, EPA conducted a trend 

analysis of data submitted by generators of remediation derived waste to the 2001 and 2003 BRS. Based on these 

data, EPA found that, each year, 1,158 new sites generate remediation-derived wastes. For purposes of this ICR, 

EPA assumes that only five percent of the owners/operators of these sites (i.e., 0.05 x 1,158 = 58) will seek a staging 

pile designation each year.

7

 Permitted facilities must modify their permit to incorporate a staging pile. Refer to “Part B Permit 

Application, Permit Modifications, and Special Permits,” ICR Number 1573, for the burden to these facilities.
40

(b3) Demonstrations for Remediation Waste Management Sites in Floodplains

Hazardous remediation waste management units must be designed, constructed, operated, 

and maintained in such a way as to prevent washout of any hazardous waste within a 100-year 

floodplain. Exceptions are allowed for sites that meet the demonstration requirements of section 

264.18(b). 

EPA assumes that owners/operators of existing remediation sites have already prepared 

and submitted the above demonstration, if applicable. EPA further assumes that, each year, five 

percent of owners/operators of new remediation sites (i.e., 0.05 x 8 = 0) will prepare and submit 

the demonstration. Thus, EPA estimates that no owner/operator of a remediation site will need 

to comply with this information collection requirement during the three-year period covered in 

this ICR.

(b4) Construction Quality Assurance Program

Owners/operators of hazardous remediation waste management sites are required to 

develop and maintain a construction quality assurance program for all surface impoundments, 

waste piles, and landfill units, as specified. EPA assumes that existing remediation sites have 

already developed their construction quality assurance programs. Thus, EPA estimates that only

the eight new remediation sites will have to conduct this activity each year.

(b5) Contingency and Emergency Plan

Owners/operators of hazardous remediation waste management sites are required to 

develop and maintain procedures to prevent accidents. EPA assumes that existing remediation 

sites have already developed these procedures. Thus, EPA estimates that only the eight new 

remediation sites will have to conduct this activity each year.

Owners/operators of hazardous remediation waste management sites also are required to 

develop and maintain a contingency and emergency plan. EPA assumes that existing 

remediation sites have already developed their contingency and emergency plans. Thus, EPA 

estimates that only the eight new remediation sites will have to conduct this activity each year.

(b6) Compliance Plan

Owners/operators of hazardous remediation waste management sites are required to 

develop, maintain, and implement a plan to meet the requirements in sections 264.1(j)(2) through 

(j)(6) and sections 264.1(j)(9) through (j)(10). EPA estimates that the owners/operators of all 30 

remediation sites will need to comply with this information collection requirement each year.
41

(b7) Recordkeeping Requirements

Owners/operators of hazardous remediation waste management sites are required to 

maintain records documenting compliance with sections 264.1(j)(1) through (j)(12) in the 

operating record. EPA estimates that the owners/operators of all 30 remediation sites will need 

to comply with these recordkeeping requirements each year. 

(c) Requirements for Staging Piles

Following is a discussion of the Agency’s burden assumptions regarding sites subject to 

the 40 CFR 264.554 requirements for staging piles.

(c1) Designation of Staging Piles

To manage hazardous remediation waste in a staging pile, owners/operators of hazardous 

remediation waste management sites must seek a staging pile designation from the Director. 

EPA estimates that, each year, 58 owners/operators of hazardous remediation waste management 

sites will seek staging pile designations under section 264.554(c). EPA also estimates that one 

percent (i.e., 0.01 x 58 = 1) of these owners/operators will need to prepare and submit additional 

information requested by the Director.

(c2) Staging Pile Recordkeeping

Owners/operators of staging piles must keep a record of the date when waste was first 

placed in the staging pile. EPA estimates that, each year, all 58 owners/operators of hazardous 

remediation waste management sites seeking staging pile designations under section 264.554(c) 

will need to comply with the recordkeeping requirements under section 264.554(d)(1)(iii).

(c3) Staging Pile Extensions

Staging piles are intended to be used for up to two years. Under certain circumstances, 

the Director may grant an extension of up to six months. EPA estimates that, each year, 20 

percent of owners/operators with existing staging piles (i.e., 0.20 x 146 = 29) will request an 

operating term extension for a staging pile.
42

(d) Remedial Action Plans

Following is a discussion of the Agency’s burden assumptions regarding sites subject to 

the 40 CFR part 270, subpart H requirements.

(d1) RAP Application

EPA estimates that, each year, eight owners/operators of hazardous remediation waste 

management sites will submit a RAP application. EPA assumes that 50 percent of these 

owners/operators (i.e., 0.50 x 8 = 4) will be able to use existing documents that satisfy the 

requirements for a RAP in preparing their RAP applications. The remaining 50 percent (i.e., 

0.50 x 8 = 4) will not have existing documents that satisfy the requirements for a RAP and thus, 

will have to develop RAP applications from new information. All owners/operators must submit 

their RAP application to the Director.

The Director may request additional information if necessary. EPA estimates that ten 

percent of owners/operators submitting RAP applications each year (i.e., 0.10 x 8 = 1) will be 

required to prepare and submit additional information. 

(d2) RAP Modification, Revocation and Reissuance, and Termination

To modify a RAP, owners/operators must prepare and submit information to modify their 

RAP in accordance to the procedures specified in the RAP. EPA estimates that, each year, five 

percent of owners/operators of hazardous remediation waste management sites with a RAP will 

need to modify it. Thus, EPA estimates that two owner/operators (i.e., 0.05 x 30 = 2) will need 

to modify his RAP.

(d3) RAP Recordkeeping

Owners/operators of hazardous remediation waste management sites with RAPs are 

required to keep records concerning their RAPs. EPA estimates that all 30 owners/operators of 

hazardous remediation waste management sites with RAPs will maintain a file of RAP 

documents.

(d4) RAP Transfers

Owners/operators of hazardous remediation waste management sites with RAPs may

transfer the RAPs to new owners/operators. EPA assumes that, each year, one percent of the 

owners/operators (i.e., 0.01 x 30 = 0) will transfer their RAP. Thus, EPA estimates that no 

owner/operator will need to comply with this information collection requirement during the 

three-year period covered in this ICR. 

6(f) Bottom Line Hour and Cost Burden
43

(1) Respondent Tally

Exhibit 1 shows the aggregate annual hour and cost burden to respondents. As shown in 

the exhibit, EPA estimates the annual respondent burden to be 4,959 hours and $325,503

($299,700 labor costs and $25,803 operating and maintenance costs). 

(2) Federal Agency Tally

Exhibit 2 shows the annual Federal Agency hour and cost burden associated with all the 

requirements covered in this ICR. As shown in this exhibit, EPA estimates the annual Federal 

Agency burden to be 742 hours and $42,302 ($42,255 labor costs and $47 operating and 

maintenance costs). 

(3) State Agency Tally

Exhibit 3 shows the annual State Agency hour and cost burden associated with all the 

requirements covered in this ICR. As shown in this exhibit, EPA estimates the annual State 

Agency burden to be 1,994 hours and $71,986 ($71,871 labor costs and $115 operating and 

maintenance costs). 

6(g) Reasons for Change in Burden

There is no change in burden with this renewal. There is an increase of $1,445 in O&M 

costs which is due to updating estimates to current levels.

6(h) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 32 hours per response. For Respondents in Private entities, it is estimated 

to average 28 hours per response. For Respondents in States, it is estimated to average 51 hours 

per response. 

Burden means the total time, or financial resources expended by persons to generate, 

maintain, retain, or disclose or provide information to or for a Federal agency. This includes the 

resources needed to review instructions; develop, acquire, install, and utilize technology and 

systems for the purpose 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 
44

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-RCRA-2012-0114, which is available for online viewing at 

www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center 

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

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

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

1744, and the telephone number for 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-2012-0114 and OMB Control Number 

2050-0161 in any correspondence.
45

EXHIBIT 1

HWIR-MEDIA ICR

ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number of

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total

$122.72 $72.54 $54.04 $32.51 Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY per Year per Year per Year per Year Year Year Cost Cost Activities Year Year

Reading the Regulations

Read the regulations 2.00 2.00 8.00 0.00 12.00 $823 $0 $0 176 2,112 $144,848

SUBTOTAL 2.00 2.00 8.00 0.00 12.00 $823 $0 $0 176 2,112 $144,848

GENERAL REQUIREMENTS FOR HAZARDOUS REMEDIATION WASTE MANAGEMENT SITES

Waste Analysis (264.1(j)(2))

Perform waste analysis 0.00 0.00 5.00 0.00 5.00 $270 $0 $845 30 150 $33,450

Inspections (264.1(j)(4))

Conduct inspections 0.00 0.00 0.00 0.00 0.00 $0 $0 $0 30 0 $0

Demonstrations for Remediation Waste Management Sites in Floodplains (264.1(j)(7))

Prepare and submit demonstration 0.00 0.25 4.00 0.00 4.25 $234 $0 $4.50 0 0 $0

Construction Quality Assurance Program (264.1(j)(9))

Develop and maintain the program 0.00 0.00 15.00 5.00 20.00 $973 $0 $0 8 160 $7,784

Contingency and Emergency Plan (264.1(j)(10))

Develop and maintain procedures to prevent accidents 0.00 0.50 30.00 2.00 32.50 $1,722 $0 $0 8 260 $13,776

Develop and maintain contingency and emergency plan 0.00 0.00 0.00 0.50 0.50 $16 $0 $0 8 4 $128

Compliance Plan (264.1(j)(12))

Develop, maintain, and implement plan 0.00 0.50 1.50 0.00 2.00 $117 $0 $0 30 60 $3,510

Recordkeeping Requirements (261.4(j)(13))

Keep records documenting compliance 0.00 0.00 0.00 6.00 6.00 $195 $0 $0 30 180 $5,850

SUBTOTAL varies varies varies varies varies varies varies varies varies 814 $64,498

STAGING PILES

Designation of Staging Piles (264.554(c))

Prepare information for designation 1.00 2.00 8.00 1.00 12.00 $733 $0 $0 59 708 $43,247

Obtain certification from a professional engineer 0.00 0.00 1.00 0.00 1.00 $54 $0 $0 59 59 $3,186

Submit designation information 0.00 0.10 0.00 0.10 0.20 $11 $0 $4.50 59 12 $915

Prepare and submit additional information, if requested 0.00 0.50 1.00 0.50 2.00 $107 $0 $4.50 1 2 $112

Staging Pile Recordkeeping (264.554(d)(1)(iii))

Record the date of waste placement 0.00 0.50 0.00 0.50 1.00 $53 $0 $0 59 59 $3,127

File the record 0.00 0.00 0.00 0.50 0.50 $16 $0 $0 59 30 $944

Staging Pile Extensions (264.554(i)(1))

Prepare documentation supporting extension 0.50 2.00 5.00 1.00 8.50 $509 $0 $0 29 247 $14,761

Submit request for extension 0.00 0.10 0.00 0.10 0.20 $11 $0 $4.50 29 6 $450

SUBTOTAL varies varies varies varies varies varies varies varies varies 1,123 $66,742
46

EXHIBIT 1 (continued)

HWIR-MEDIA ICR

ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number of

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total

$122.72 $72.54 $54.04 $32.51 Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY per Year per Year per Year per Year Year Year Cost Cost Activities Year Year

REMEDIAL ACTION PLANS

RAPs Applications (270.85 through 270.125)

 Prepare RAP from previously existing documents 1.00 5.00 30.00 4.00 40.00 $2,237 $0 $0 4 160 $8,948

 Prepare RAP from new information 4.00 20.00 120.00 16.00 160.00 $8,947 $0 $0 4 640 $35,788

 Submit RAP application 0.00 0.10 0.00 0.10 0.20 $11 $0 $4.50 8 2 $124

 Prepare and submit additional information, if requested 0.00 0.50 1.00 0.50 2.00 $107 $0 $4.50 1 2 $112

RAP Modification, Revocation and Reissuance, and Termination (270.170)

Prepare and submit information to modify RAP 0.00 0.00 8.00 0.00 8.00 $432 $0 $4.50 2 16 $873

RAP Recordkeeping (270.210)

 Maintain file of RAP documents 0.00 0.00 1.00 2.00 3.00 $119 $0 $0 30 90 $3,570

RAP Transfers (270.220)

 Modify RAP 0.50 0.50 0.00 0.50 1.50 $114 $0 $0 0 0 $0

 Prepare a revised RAP application and written agreement 1.00 1.00 0.50 0.50 3.00 $239 $0 $0 0 0 $0

 Submit modified RAP and written agreement 0.00 0.10 0.00 0.10 0.20 $11 $0 $4.50 0 0 $0

SUBTOTAL varies varies varies varies varies varies varies varies varies 910 $49,415

TOTAL varies varies varies varies varies varies varies varies varies 4,959 $325,503
47

EXHIBIT 2

HWIR-MEDIA ICR

ESTIMATED ANNUAL FEDERAL AGENCY HOUR AND COST BURDEN

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number of

Leg. Mgr. Tech. Cler. Labor Labor Capital/ Respon. Total Total

$86.56 $76.38 $54.94 $23.44 Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY per Year per Year per Year per Year Year Year Cost Cost Activities Year Year

GENERAL REQUIREMENTS FOR HAZARDOUS REMEDIATION WASTE MANAGEMENT SITES

Demonstrations for Remediation Waste Management Sites in Floodplains

Receive and review demonstration information 0.00 0.50 2.00 0.20 2.70 $153 $0 $0 0 0 $0

SUBTOTAL varies varies varies varies varies varies varies varies varies 0 $0

STAGING PILES

Designation of Staging Piles (264.554(b), (c) and (d))

Receive and review designation information 0.50 2.00 8.00 1.00 11.50 $659 $0 $0 17 196 $11,203

Receive and review additional information 0.00 0.50 2.00 0.20 2.70 $153 $0 $0 0 - $0

Designate staging pile 0.00 0.50 1.00 0.50 2.00 $105 $0 $0 17 34 $1,785

Establish standards and design criteria 1.00 3.00 12.00 1.00 17.00 $998 $0 $0 17 289 $16,966

Staging Pile Extensions (264.554(h) and (i))

Designate length of time the staging pile is active 0.00 0.50 1.00 0.50 2.00 $105 $0 $0 7 14 $735

Receive and review request for extension 0.00 1.00 5.00 0.25 6.25 $357 $0 $0 7 44 $2,499

Deny or approve extension 0.50 1.00 3.00 0.50 5.00 $296 $0 $0 7 35 $2,072

Data Availability (264.554(m))

Document the rationale for designating a staging pile 0.00 0.00 2.00 0.00 2.00 $110 $0 $0 17 34 $1,870

SUBTOTAL varies varies varies varies varies varies varies varies varies 646 $37,130

REMEDIAL ACTION PLANS

RAP Applications (270.95, 270.110(i), 270.120, 270.130 through 270.140)

Receive/ review RAP application 1.00 2.00 10.00 1.00 14.00 $812 $0 $0 2 28 $1,624

Receive/ review additional information 0.00 0.50 2.00 0.25 2.75 $154 $0 $0 0 - $0

Prepare Draft RAP 1.00 3.00 20.00 2.00 26.00 $1,461 $0 $0 1 26 $1,461

Prepare Notice of Intent to deny RAP 0.50 1.50 0.50 0.50 3.00 $197 $0 $0 1 3 $197

Prepare Statement of Basis 0.00 1.00 2.00 0.50 3.50 $198 $0 $0 2 7 $396

Compile an administrative record 0.00 0.00 0.50 1.00 1.50 $51 $0 $0 2 3 $102

Public Comment on the Draft RAP or Notice of Intent to Deny (270.145)

Notify applicant of intent to approve or deny RAP 0.00 0.00 1.00 0.50 1.50 $67 $0 $4.50 2 3 $143

Notify the public of intent to approve or deny RAP 0.00 0.00 1.00 0.50 1.50 $67 $0 $4.50 2 3 $143

Notify State and local government of intent to approve or deny

RAP 0.00 0.00 1.00 0.50 1.50 $67 $0 $4.50 2 3 $143

Notify the public and hold public meetings, if necessary 0.00 0.00 1.00 0.50 1.50 $67 $0 $4.50 0 - $0
48

EXHIBIT 2 (continued)

HWIR-MEDIA ICR

ESTIMATED ANNUAL FEDERAL AGENCY HOUR AND COST BURDEN

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number of

Leg. Mgr. Tech. Cler. Labor Labor Capital/ Respon. Total Total

$86.56 $76.38 $54.94 $23.44 Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY per Year per Year per Year per Year Year Year Cost Cost Activities Year Year

REMEDIAL ACTION PLANS (continued)

RAP Final Decisions (270.150)

Issue Final RAP 0.00 1.50 3.00 1.00 5.50 $303 $0 $4.50 1 6 $308

Prepare Notification of Approval 0.50 1.00 0.50 0.50 2.50 $159 $0 $4.50 1 3 $164

Prepare Notice of Denial 0.50 1.00 0.50 0.50 2.50 $159 $0 $4.50 1 3 $164

Compile an administrative record 0.00 0.00 0.50 1.00 1.50 $51 $0 $0 2 3 $102

Administrative Appeal of a RAP Application (270.155)

Receive and review administrative appeal 0.00 0.50 2.00 0.20 2.70 $153 $0 $0 1 3 $153

Notify the public of any review of RAPs by the EAB 0.00 0.00 1.00 0.50 1.50 $67 $0 $4.50 1 2 $72

RAP Modification, Revocation and Reissuance, and Termination (270.170 through 270.185)

Specify procedures for future modification, revocation and 

reissuance, and termination 0.00 0.00 1.00 0.00 1.00 $55 $0 $0 0 - $0

Administrative Appeal of a RAP Modification, Revocation and Reissuance, and Termination (270.190(c))

EAB review of administrative appeals 1.00 1.00 2.00 0.00 4.00 $273 $0 $0 0 - $0

Act on the appeal, if it is not denied 1.00 1.00 2.00 0.00 4.00 $273 $0 $0 0 - $0

RAP Expiration (270.195)

Renew the RAP for up to 10 years 0.00 1.00 2.00 0.50 3.50 $198 $0 $0 0 0 $0

Review RAP for land disposal 5 years after issuing it 0.00 1.00 2.00 0.50 3.50 $198 $0 $0 0 0 $0

RAP Transfers (270.220)

Receive/ review written agreement 0.00 0.50 0.00 0.20 0.70 $43 $0 $0 0 0 $0

Notification to previous owner/ operator 0.00 1.00 0.00 0.50 1.50 $88 $0 $0 0 0 $0

SUBTOTAL varies varies varies varies varies varies varies varies varies 96 $5,172

TOTAL varies varies varies varies varies varies varies varies varies 742 $42,302
49

EXHIBIT 3

HWIR-MEDIA ICR

ESTIMATED ANNUAL STATE AGENCY HOUR AND COST BURDEN

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number of

Leg. Mgr. Tech. Cler. Labor Labor Capital/ Respon. Total Total

$57.54 $54.02 $32.32 $20.62 Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY per Year per Year per Year per Year Year Year Cost Cost Activities Year Year

GENERAL REQUIREMENTS FOR HAZARDOUS REMEDIATION WASTE MANAGEMENT SITES

Demonstrations for Remediation Waste Management Sites in Floodplains

Receive and review demonstration information 0.00 0.50 2.00 0.20 2.70 $96 $0 $0 0 0 $0

SUBTOTAL varies varies varies varies varies varies varies varies varies 0 $0

STAGING PILES

Designation of Staging Piles (264.554(b), (c) and (d))

Receive and review designation information 0.50 2.00 8.00 1.00 11.50 $416 $0 $0 42 483 $17,472

Receive and review additional information 0.00 0.50 2.00 0.20 2.70 $96 $0 $0 0 - $0

Designate staging pile 0.00 0.50 1.00 0.50 2.00 $70 $0 $0 42 84 $2,940

Establish standards and design criteria 1.00 3.00 12.00 1.00 17.00 $628 $0 $0 42 714 $26,376

Staging Pile Extensions (264.554(h) and (i))

Designate length of time the staging pile is active 0.00 0.50 1.00 0.50 2.00 $70 $0 $0 22 44 $1,540

Receive and review request for extension 0.00 1.00 5.00 0.25 6.25 $221 $0 $0 22 138 $4,862

Deny or approve extension 0.50 1.00 3.00 0.50 5.00 $190 $0 $0 22 110 $4,180

Data Availability (264.554(m))

Document the rationale for designating a staging pile 0.00 0.00 2.00 0.00 2.00 $65 $0 $0 42 84 $2,730

SUBTOTAL varies varies varies varies varies varies varies varies varies 1,657 $60,100

REMEDIAL ACTION PLANS

RAP Applications (270.95, 270.110(i), 270.120, 270.130 through 270.140)

Receive/ review RAP application 1.00 2.00 10.00 1.00 14.00 $509 $0 $0 6 84 $3,054

Receive/ review additional information 0.00 0.50 2.00 0.25 2.75 $97 $0 $0 1 3 $97

Prepare Draft RAP 1.00 3.00 20.00 2.00 26.00 $907 $0 $0 5 130 $4,535

Prepare Notice of Intent to deny RAP 0.50 1.50 0.50 0.50 3.00 $136 $0 $0 1 3 $136

Prepare Statement of Basis 0.00 1.00 2.00 0.50 3.50 $129 $0 $0 6 21 $774

Compile an administrative record 0.00 0.00 0.50 1.00 1.50 $37 $0 $0 6 9 $222

Public Comment on the Draft RAP or Notice of Intent to Deny (270.145)

Notify applicant of intent to approve or deny RAP 0.00 0.00 1.00 0.50 1.50 $43 $0 $4.50 6 9 $285

Notify the public of intent to approve or deny RAP 0.00 0.00 1.00 0.50 1.50 $43 $0 $4.50 6 9 $285

Notify the public and hold public meetings, if necessary 0.00 0.00 1.00 0.50 1.50 $43 $0 $4.50 1 2 $48
50

EXHIBIT 3 (continued)

HWIR-MEDIA ICR

ESTIMATED ANNUAL STATE AGENCY HOUR AND COST BURDEN

Hours and Costs Per Respondent Per Activity Total Hours and Costs

Number of

Leg. Mgr. Tech. Cler. Labor Labor Capital/ Respon. Total Total

$57.54 $54.02 $32.32 $20.62 Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY per Year per Year per Year per Year Year Year Cost Cost Activities Year Year

REMEDIAL ACTION PLANS (continued)

RAP Final Decisions (270.150)

Issue Final RAP 0.00 1.50 3.00 1.00 5.50 $199 $0 $4.50 5 28 $1,018

Prepare Notification of Approval 0.50 1.00 0.50 0.50 2.50 $109 $0 $4.50 5 13 $568

Prepare Notice of Denial 0.50 1.00 0.50 0.50 2.50 $109 $0 $4.50 1 3 $114

Compile an administrative record 0.00 0.00 0.50 1.00 1.50 $37 $0 $0 6 9 $222

Administrative Appeal of a RAP Application (270.155)

Receive and review administrative appeal 0.00 0.50 2.00 0.20 2.70 $96 $0 $0 1 3 $96

Notify the public of any review of RAPs by the EAB 0.00 0.00 1.00 0.50 1.50 $43 $0 $4.50 1 2 $48

RAP Modification, Revocation and Reissuance, and Termination (270.170 through 270.185)

Specify procedures for future modification, revocation and 

reissuance, and termination 0.00 0.00 1.00 0.00 1.00 $32 $0 $0 1 1 $32

Administrative Appeal of a RAP Modification, Revocation and Reissuance, and Termination (270.190(c))

EAB review of administrative appeals 1.00 1.00 2.00 0.00 4.00 $176 $0 $0 1 4 $176

Act on the appeal, if it is not denied 1.00 1.00 2.00 0.00 4.00 $176 $0 $0 1 4 $176

RAP Expiration (270.195)

Renew the RAP for up to 10 years 0.00 1.00 2.00 0.50 3.50 $129 $0 $0 0 0 $0

Review RAP for land disposal 5 years after issuing it 0.00 1.00 2.00 0.50 3.50 $129 $0 $0 0 0 $0

RAP Transfers (270.220)

Receive/ review written agreement 0.00 0.50 0.00 0.20 0.70 $31 $0 $0 0 0 $0

Notification to previous owner/ operator 0.00 1.00 0.00 0.50 1.50 $64 $0 $0 0 0 $0

SUBTOTAL varies varies varies varies varies varies varies varies varies 337 $11,886

TOTAL varies varies varies varies varies varies varies varies varies 1,994 $71,986