SUPPORTING STATEMENT FOR 

 INFORMATION COLLECTION REQUEST NUMBER 0969.09 

 "FINAL AUTHORIZATION FOR 

 HAZARDOUS WASTE MANAGEMENT PROGRAMS" 

 

February 2012
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 TABLE OF CONTENTS 

1. Identification of the Information Collection 

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

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

2. Need for and Use of the Collection 

2(a) Need and Authority for the Collection .....................................................................5 

2(b) Use and Users of the Data ........................................................................................6 

3. Nonduplication, Consultations, and Other Collection Criteria 

3(a) Nonduplication .........................................................................................................7 

3(b) Public Notice ............................................................................................................7 

3(c) Consultations............................................................................................................7

3(d) Effects of Less Frequent Collection .........................................................................7 

3(e) General Guidelines ...................................................................................................8 

3(f) Confidentiality .........................................................................................................8

3(g) Sensitive Questions ..................................................................................................9 

4. The Respondents and the Information Requested 

4(a) Respondents .............................................................................................................9

4(b) Information Requested .............................................................................................9 

5. The Information Collected -- Agency Activities, Collection Methodology, and 

Information Management 

5(a) Agency Activities ...................................................................................................19 

5(b) Collection Methodology and Management ............................................................21 

5(c) Small Entity Flexibility ..........................................................................................21 

5(d) Collection Schedule ...............................................................................................22 

6. Estimating the Burden and Cost of Collection 

 6(a) Estimating Respondent Burden .............................................................................23 

6(b) Estimating Respondent Costs ................................................................................23 

6(c) Estimating Agency Burden and Costs ...................................................................24 

6(d) Bottom Line Burden Hours and Costs ...................................................................24 

6(e) Reasons for Change in Burden ..............................................................................25 

6(f) Burden Statement ...................................................................................................25 

EXHIBITS .................................................................................................................. 27-33 

 
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1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This ICR is titled "Final Authorization for Hazardous Waste Management Programs 

(Renewal)," ICR number 0969.09, OMB number 2050-0041. 

1(b) SHORT CHARACTERIZATION

Section 3006(a) of the 1976 Resource Conservation and Recovery Act (RCRA) 

authorizes EPA to develop guidelines to assist States in developing State hazardous waste 

programs. 40 CFR Part 271 subpart A specifies the requirements that States and territories must 

follow in developing and revising their RCRA Subtitle C programs. It also establishes 

procedures EPA must follow in approving, revising, and withdrawing approval of State 

programs. The substantive provisions which must be included in State programs for them to be 

approved include requirements for permitting, compliance evaluation, enforcement, public 

participation, and sharing of information. State programs must adopt or enforce requirements 

that are at least as stringent as those required under this subpart. There is nothing that precludes 

a State from adopting or enforcing requirements that are more stringent or extensive. 

 (1) State Program Authorization: Base Program Development

Section 271.5(a) describes the requirements for any State that is preparing a RCRA 

Subtitle C program. The section requires that any State that seeks to administer a program must 

obtain a letter from the Governor requesting program approval. The State must prepare a 

description of the program it proposes to administer in lieu of the Federal program under State 

law or under an interstate compact, in accordance with section 271.6. The State shall obtain a 

statement from the State Attorney General, including citations to the specific statutes, 

administrative regulations, and where appropriate, judicial decisions which demonstrate that the 

laws of the State provide adequate authority to carry out the program described under section 

271.6, in accordance with section 271.7. The State also must prepare a Memorandum of 

Agreement (MOA), in accordance with section 271.8. Section 271.5 requires that the State 

prepare copies of all applicable State statutes and regulations, including those governing State 

administrative procedures. As required by section 271.5(c), the State may also be required to 

prepare a revised submission if the initial submission is materially changed during EPA's review. 

 (2) State Program Authorization: Base Program Public Participation and 

Submission

Public participation in the development and approval of a State program is required by 

section 271.20(a) and (b). Prior to submitting an application to EPA for approval, a State must 

issue a public notice of its intent to seek program approval from EPA. Section 271.20(a) 

requires that the notice must be circulated in the State's largest newspapers and mailed to persons 
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on the State agency mailing list and to any other persons whom the agency has reason to believe 

are interested. The State must also provide for a comment period of not less than 30 days. If 

sufficient public interest is shown the State or EPA must hold a public hearing. If the proposed 

State program is substantially modified after the public comment period, the State will, prior to 

submittal, provide the opportunity for further public comment on those portions of the State's 

program which have been changed since the prior public notice, as required by section 

271.20(b). The State will be required to review and modify its program as necessary based on 

the public comment period(s) and public hearing (if applicable). 

After complying with the requirements of section 271.20(a) and (b), the State shall 

prepare, in accordance with section 271.21(c), documentation of and a response to public 

comment, as required by section 271.5(a)(6). The State shall submit, in accordance with section 

271.5, a proposed program to EPA, as required by section 271.20(c). The program submission 

shall include all those items prepared under sections 271.5 and 271.21(c). If the submission is 

materially changed because of EPA's review, the State must submit a revised program, in 

accordance with section 271.5(c). 

Within 90 days of submission of the complete program to EPA, the Agency shall make a 

tentative determination of whether or not to grant State authorization, as required by section 

271.20(d). If EPA indicates it may not approve the program, it must circulate a statement of 

concern. EPA must give notice of its tentative determination in the Federal Register, indicate in 

the Federal Register that a public hearing will be held, and subsequently hold a public hearing. 

Within 90 days of the notice EPA will make a final determination, taking into account the public 

comments. The Agency shall publish this determination in the Federal Register. 

 (3) State Program Authorization: Revision Applications 

Either EPA or the Approved State may initiate program revision. Program revision may 

be necessary when the controlling Federal or State statutory or regulatory authority is modified 

or supplemented. The State shall inform EPA of any proposed modifications to its basic 

statutory or regulatory authority, its forms, procedures, or priorities, in accordance with section 

271.21(a). In the event that the State is revising its program, the State shall prepare and submit 

modified revisions of the program description, Attorney General's Statement, Memorandum of 

Agreement, or such other documents as EPA determines to be necessary, as required by section 

271.21(b)(1). 

If an approved State is proposing to transfer all or any part of any program from the 

approved State agency to any other agency, EPA must be notified, including submission of 

revised organizational charts required under section 271.6(b), in accordance with section 

271.21(c). A State must modify its program to comply with any Federal program changes which 

occur before final authorization is received, except for those changes that the State has already 

received authorization for, in accordance with section 271.21(f). 

Section 271.21(e)(2)(ii) requires that for Federal program changes occurring on or after 

July 1, 1984, the State program must be modified by July 1 of each year to reflect all changes to 
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the Federal program occurring during the 12 months preceding the previous July 1. Section 

271.21(e)(2)(v) allows States an additional year to modify their programs for changes to the 

Federal program which necessitate a State statutory amendment. These deadlines may be 

extended by EPA up to six months in accordance with section 271.21(e)(3) after a demonstration 

by the State that it has made a good faith effort to meet the deadline and that its legislative or 

rulemaking procedures render the State unable to do so. The State may receive, in accordance 

with section 271.21(g), a further extension from EPA if it has already received the extension 

under section 271.21(e)(3). The State must submit a proposed timetable for the requisite 

regulatory and/or statutory revisions. When the State program modification has been completed, 

the State has 30 days to submit a copy of the program change and a schedule indicating when the 

State intends to seek approval of the change, as required by section 271.21(e)(4)(i). 

In approving or disapproving of a State program, EPA must issue a public notice in the 

Federal Register and via the largest newspapers and by mailings to State Agencies and other 

interested parties, in accordance with section 271.21(b)(3) and (4). If EPA receives an adverse 

comment within 60 days of the notice, EPA shall notify the State and publish in the Federal 

Register a notice withdrawing the proposed determination or responding to the comment and 

affirming or reversing the decision. 

 (4) State Program Authorization: Withdrawal 

A State with a program approved under Part 271 Subpart A may voluntarily transfer 

program responsibilities required by Federal law to EPA by notifying EPA of the proposed 

transfer, including submission of a plan for the orderly transfer of all relevant program 

information not in the possession of EPA, as required by section 271.23(a)(1). Within 60 days of 

receiving these materials, EPA must review and evaluate them and identify any additional 

materials needed by EPA. At least 30 days before transfer is to occur, EPA must issue notice of 

the transfer in the Federal Register, newspapers, and mailings to all parties specified in section 

271.23(a)(3). 

In accordance with section 271.23(b), EPA may order the commencement of withdrawal 

proceedings on his or her initiative or by a petition from an interested party. EPA must review 

and respond in writing to any petition to commence withdrawal proceedings. EPA's order 

commencing the withdrawal proceedings must set a date and a place for a public hearing and 

specify the applicable allegations against the State. Within 30 days, the State must prepare a 

written response admitting or denying such allegations, as required by section 271.23(b)(1). 

EPA must review all applicable materials within 60 days of the Presiding Official's 

recommended decision and issue a decision. In the event that EPA concludes that the State has 

not administered the program in conformity with the regulations, the State is required to correct 

any deficiencies in the program identified by EPA and to file, with EPA and other interested 

parties, a statement certified by the State that appropriate actions have been taken, as required by 

section 271.23(b)(8)(iv). 

EPA may require a further showing in addition to the certified statement. Depending on 

whether the State takes appropriate action, EPA will issue a supplementary order either 
5

withdrawing or approving the State's program authority. 

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED AND AUTHORITY FOR THE COLLECTION

RCRA, as amended by Hazardous and Solid Waste Amendments of 1984 (HSWA), 

provides for authorization of State hazardous waste programs. To achieve final authorization, a 

State must demonstrate that its program meets the statutory tests embodied in the regulatory 

requirements for final authorization in 40 CFR Part 271, Subpart A. These statutory tests or 

standards for State programs are: 

 (1) State Program Authorization: Base Program Development

• They must be "equivalent" to the Federal program (RCRA Section 3006(b)); 

• They may not impose any requirements "less stringent" than the Federal 

requirements (RCRA Section 3009); 

• They must be "consistent" with the Federal program and other authorized State 

programs (RCRA Section 3006(b)); 

• They may, however, impose requirements which are "more stringent" than those 

imposed by Federal regulations (RCRA Section 3009); and 

• They must "provide adequate enforcement" of compliance with the program 

(RCRA Section 7004(b)). 

 (2) State Program Authorization: Base Program Public Participation and 

Submission

• They must follow specific procedures for public "notice and hearing" in the 

permitting process (RCRA Section 7004(b)); and 

• They must provide for the public availability of information "in substantially the 

same manner and to the same degree" as the Federal program (RCRA Section 

3006(f)). 

 (3) State Program Authorization: Revision Applications

• They must follow strict deadlines in revising their programs, as required by 

section 271.21. 

 (4) State Program Authorization: Withdrawal

• The information collected from the States during the application process for State 
6

authorization allows EPA to make a determination of whether the State program 

meets the statutory requirements listed above. If EPA determines that the State 

program does not meet these criteria, EPA may start procedures for withdrawing 

approval of the program, in accordance with section 271.23. 

 RCRA Section 3006(g) also provides for interim authorization for requirements 

promulgated pursuant to HSWA. A State may receive interim authorization if its program is 

substantially equivalent to the Federal program. EPA does not expect to receive any applications 

for interim authorization, because States that need to amend their regulations for HSWA 

authorization will amend them in a manner that will allow them to qualify for final authorization. 

Interim authorization will be an unnecessary step. Thus, this ICR addresses only the information 

requirements necessary to obtain final authorization. 

2(b) USE AND USERS OF DATA

In order for a State to obtain final authorization for a State hazardous waste program, it 

must submit an official application to EPA for review. The State's application must address all 

provisions of the Federal program that were in effect one year prior to application submission 

(see 40 CFR 271.21(e)). Therefore, it is important for any State initially applying for final 

authorization to adopt any Federal program change that occurred earlier than the date one year 

before its official application is submitted. 

If the State also has equivalent authority for Federal program elements that became 

effective less than a year prior to the State's application, then the State's application may include 

demonstration of such authority so that EPA will also be able to confer authorization for those 

program elements. However, it is important to note that the State is not required to have a 

counterpart to any Federal provision that became effective during that time period in order to 

receive initial authorization, although the State will subsequently need to modify its program for 

such changes as part of the program revision process. 

EPA will use the information submitted by the State in order to determine whether the 

State's program meets the statutory requirements for authorization. Specifically, EPA will: 

• Determine the scope, structure, coverage, and processes of the State program; 

• Determine whether the State has the capability to carry out the proposed program; 

• Determine whether the State has existing authority (both statutory and regulatory) 

that is equivalent to the Federal Subtitle C regulatory program addressing 

generator standards; transporter standards; and treatment, storage, or disposal 

facility (TSDF) permitting requirements and procedures; 

• Determine whether the State has identified existing deficiencies in its hazardous 

waste program and the means and schedule for correcting these deficiencies in 

order to become eligible for program authorization in a timely manner; and 

• Negotiate the memorandum of Agreement (MOA) between the State and EPA 

which delineates State and EPA responsibilities and coordination in program 

administration, enforcement and compliance monitoring, and facility permitting. 
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3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) NONDUPLICATION

No other Federal agency collects State hazardous waste program information -- State 

authorization for hazardous waste management programs is a responsibility of EPA. EPA has 

noted, however, that States seeking a program revision may meet this information requirement 

by simply updating and amending their previously submitted final authorization program 

packages to address changes in program scope, available resources, permit administration and 

enforcement activities, the legislative base for the program modification, and any amendments 

made to the States regulations since the State received final authorization. Also, 40 CFR Part 

271 requires no duplication of effort at the State level, for all previously submitted data or 

legislative information can be incorporated by reference into the application package. All 

information and data compiled and reported as elements of a State's annual RCRA grant 

application may also be used in the authorization application process. This information may be 

incorporated by reference or simply copied and included as appendices to the State authorization 

submittal. 

3(b) PUBLIC NOTICE

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency 

issued a notice in the Federal Register on September 21, 2011, soliciting public comments on the 

accuracy of the burden estimates in this supporting statement (76 FR 58492). No comments 

were received. 

3(c) CONSULTATIONS

The burden hours and cost estimates for this ICR have been well established, and no 

additional consultations have been made. 

3(d) EFFECTS OF LESS FREQUENT COLLECTION

EPA has amended the requirements for revisions of authorized State hazardous waste 

programs to provide for less frequent submission of authorization applications for program 

revisions. Clustering Federal program changes on an annual basis (or multi-year basis for 

HSWA) allows States to amend their regulations and submit applications annually, rather than in 

a more frequent piecemeal fashion. In addition, EPA has provided a streamlined procedure for 

minor or routine rules. This procedure decreases the requirement for Attorney Generals 

statements, Program Descriptions and the Memorandum of Agreement. Minor or routine rules 

encompass those RCRA program revisions which do not increase the scope or authority of the 

State program, and include technical corrections, and additions to rules previously authorized 

(e.g. waste listings). 
8

3(e) GENERAL GUIDELINES

The Federal requirements governing the content of State final authorization applications 

are contained in 40 CFR 271 Subpart A. A State's initial application for final authorization must 

contain the following elements as required by §271.5(a): 

• Governor's Letter requesting approval of the State program; 

• Program Description explaining the program the State proposes to administer together 

with any forms to be used to administer the program under State law; 

• Statement from the State Attorney General (or the attorney for those State agencies 

which have independent legal counsel) declaring that the laws of the State do provide 

adequate authority to carry out the program the State proposes to administer; 

• Memorandum of Agreement providing for coordination and cooperation between the 

State and EPA regarding the administration and enforcement of the authorized State 

regulatory program as part of the national hazardous waste management program; 

• Copies of all applicable State statutes and regulations including those governing State 

administrative procedures; and 

• Documentation of public participation activities (i.e., notice and opportunities for 

comment on the State program prior to submission of the application to EPA). 

 Once authorized, a State is obligated to maintain equivalence to the Federal program in 

order to retain its authorization (40 CFR 271.21(e)). As EPA amends the Federal RCRA 

program, States with final authorization must similarly revise their programs and apply for 

authorization for those revisions. The documentation required for program revisions have been 

significantly reduced through improved standardized models, but will vary, depending on the 

scope of the State modifications and previously submitted application materials. 

3(f) CONFIDENTIALITY

This section is not applicable, since no confidential information is required to be 

submitted by the States. All information collected under 40 CFR Part 271 from respondent 

States is made available to the general public through public notice and hearings. The 

authorization applications are available to be viewed at any time in the State or EPA program 

office. 

3(g) SENSITIVE QUESTIONS

Information required of States seeking final authorization or program revisions under 40 

CFR Part 271 will not involve questions of a sensitive nature. 
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4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS

The fifty (50) States and eight (8) territories of the United States (States) will be affected 

by the authorization requirements discussed in this ICR. 

4(b) INFORMATION REQUESTED

 (1) State Program Authorization: Base Program Development 

(a) Miscellaneous Program Elements 

Section 271.5(a) and (c) describes the requirements for any State that is preparing a 

RCRA Subtitle C program under this part. Any State that seeks to administer a program must 

obtain a letter from the Governor requesting program approval and prepare copies of all 

applicable State statutes and regulations, pursuant to section 271.5(a)(1) and (5), respectively. In 

addition, if the State's submission is materially changed during EPA review, the State will 

provide a revised version to EPA, as required by section 271.5(c). 

(i) Data items: 

• A letter from the Governor of the State requesting program approval; 

• Copies of all applicable State statutes and regulations, including those governing 

State administrative procedures; and 

• A revised submission in accordance with §271.5(c), if the State's submission is 

materially changed during EPA review. 

(ii) Respondent activities: 

To comply with the requirements of section 271.5, States must perform the following activities: 

• Read the regulations; 

• Obtain a letter from the Governor requesting program approval, as required by 

§271.5(a)(1); 

• Prepare copies of all applicable State statutes and regulations, including those 

governing State administrative procedures, as required by §271.5(a)(5); and 

• Revise its submission, as required by §271.5(c), in the event that the State's 
10

submission is materially changed during EPA review. 

(b) Program Description

Any State that seeks to administer a program under Part 271 Subpart A shall prepare a 

description of the program it proposes to administer in lieu of the Federal program under State 

law or under an interstate compact, as required by section 271.6. 

(i) Data items: 

The program description shall contain the following: 

• A description in narrative form of the scope, structure, coverage, and processes of 

the State program; 

• A description of the organization and structure of the State agency or agencies 

which will have responsibility for administering the program, including the 

information listed below: 

-- A description of the State agency staff who will carry out the State 

program, including the number, occupations, and general duties of the 

employees; 

-- An itemization of the estimated costs of establishing and administering the 

program, including cost of the personnel, administrative support, and 

technical support; and 

-- An itemization of the sources and amounts of funding, including an 

estimate of Federal grant money, identifying any restrictions or limitations 

upon this funding. 

• A description of applicable State procedures, including permitting procedures and 

any State administrative or judicial review procedures; 

• Copies of the permit form(s), application form(s), and reporting form(s) the State 

intends to employ in its program. The State need not provide copies of uniform 

national forms it intends to use, but should note its intention to use such forms; 

• A complete description of the State's tracking and enforcement program; 

• A description of the State manifest tracking system, and of the procedures the 

State will use to coordinate information with other approved State programs and 

the Federal program regarding interstate and international shipments; 

• An estimate of the number of generators, transporters, and treatment, storage, and 

disposal facilities, and a brief description of the types of facilities and an 

indication of the permit status of these facilities; and 
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• If available, an estimate of the annual quantities of hazardous wastes generated 

within the State; transported into and out of the State; and stored, treated, or 

disposed of within the State: On-site; and Off-site. 

(ii) Respondent activities: 

To comply with the requirements of section 271.6, States must perform the following activities: 

• Read the regulations; and 

• Prepare a program description, as required by §271.6. 

(c) Attorney General's Statement

Any State that seeks to administer a program under Part 271 Subpart A shall obtain a 

statement from the State Attorney General that the laws of the State provide adequate authority 

to carry out the program described under section 271.6 and to meet the requirements of this 

subpart, as required by section 271.7. 

(i) Data items: 

• Attorney General's statement, including citations to the specific statutes, 

administrative regulations, and where appropriate, judicial decisions which 

demonstrate adequate authority. 

(ii) Respondent activities: 

To comply with the requirements of section 271.7, States must perform the following activities: 

• Read the regulations; and 

• Prepare a statement by the State Attorney General, as required by §271.7. 

(d) Memorandum of Agreement with EPA

Any State that seeks to administer a program under Part 271 Subpart A shall prepare a 

Memorandum of Agreement (MOA), as required by section 271.8. 

(i) Data items: 

MOA shall include the following terms: 

• Provisions for EPA to forward to the State information obtained prior to program 

approval in notifications provided under section 3010(a) of RCRA and an 
12

agreement on procedures for the assignment of EPA identification numbers for 

new generators, transporters, treatment, storage, and disposal facilities; 

• Provisions specifying the frequency and content of reports, documents, and other 

information which the State is required to submit to EPA; 

• Provisions on the State's compliance monitoring and enforcement program, 

including: 

-- Coordination of compliance monitoring activities by the State and by 

EPA; and 

-- Procedures to assure coordination of enforcement activities. 

• Provisions allowing EPA to conduct compliance inspections of all generators, 

transporters, and HWM facilities in each year for which the State is operating 

under final authorization; 

• Provisions for the prompt transfer from EPA to the State of pending permit 

applications and any other information relevant to program operation not already 

in the possession of the State; 

• Provisions for transferring existing permits from EPA to the State for 

administration; 

• Provisions specifying classes and categories of permit applications, draft permits, 

and proposed permits that the State will send to EPA for review, comment, and, 

where applicable, objection; 

• When appropriate, provisions for joint processing of permits by the State and 

EPA, for facilities or activities which require permits from both EPA and the State 

under different programs; 

• Provisions for the State to promptly forward to EPA copies of draft permits and 

permit applications for all major HWM facilities for review and comment. The 

State shall supply EPA copies of final permits for all major HWM facilities; 

• Provisions for the State to review all permits issued under State law prior to the 

date of program approval and modify or revoke and reissue them to require 

compliance with the requirements of this subpart; 

• Provisions for modification of the MOA in accordance with this subpart; and 

• Provisions to assure consistency between the MOA, the annual program grant, 

and the State/EPA Agreement. 

(ii) Respondent activities: 
13

To comply with the requirements of section 271.8, States must perform the following activities: 

• Read the regulations; and 

• Prepare a MOA between the State and EPA, as required by §271.8. 

 (2) State Program Authorization: Base Program Public Participation and 

Submission

(a) Base Program Public Participation 

Public participation in the development and approval of a State program is required by 

section 271.20(a) and (b). Prior to submitting an application to EPA for approval, a State must 

issue a public notice of its intent to seek program approval from EPA. The notice must be 

circulated in the State's largest newspapers and mailed to persons on the State agency mailing list 

and to any other persons whom the agency has reason to believe are interested, as required by 

section 271.20(a)(1). The State must also provide for a comment period of not less than 30 days, 

as required by section 271.20(a)(4). If sufficient public interest is shown the State or EPA must 

hold a public hearing. If the proposed State program is substantially modified after the public 

comment period, the State will, prior to submittal, provide the opportunity for further public 

comment on those portions of the State's program which have been changed since the prior 

public notice, as required by section 271.20(b). The State will be required to review and modify 

its program as necessary based on the public comment period(s) and public hearing (if 

applicable). 

(i) Data items: 

The public notice must: 

• Indicate when and where the State's proposed submission may be reviewed by the 

public; 

• Indicate the cost of obtaining a copy of the submission; 

• Provide for a comment period of 30 days during which time interested members 

of the public may express their views on the proposed program; 

• Provide that a public hearing will be held by the State or EPA if sufficient public 

interest is shown or, alternatively, schedule such a public hearing; 

• Briefly outline the fundamental aspects of the State program; and 

• Identify a person that an interested member of the public may contact with any 

questions. 
14

(ii) Respondent activities: 

To comply with the requirements of section 271.20(a) and (b), States must perform the following 

activities: 

• Read the regulations; 

• Issue public notice, as required by §271.20(a)(1); 

• Hold a public hearing if enough public interest is shown, as required by 

§271.20(a)(5); 

• Receive, review, and respond to public comments, modifying the program if 

necessary based on the public comment period(s) including any public hearings, 

as required by §271.20(b); and 

• Provide an opportunity for further public comment in the event that the proposed 

State program is modified during or after the public comment period, as required 

by §271.20(b). 

(b) Base Program Submission

After complying with the requirements of section 271.20(a) and (b), the State shall 

prepare documentation of and a response to public comment, as required by section 217.20(c). 

The State shall submit, in accordance with section 271.5, a proposed program to EPA, as 

required by section 271.20(c). If the submission is materially changed because of EPA's review, 

the State must provide a revised submission, in accordance with section 271.5(c). 

(i) Data items: 

The program submission shall include: 

• A letter from the Governor of the State requesting program approval, as required 

by §271.5(a)(1); 

• Copies of all applicable State statutes and regulations, including those governing 

State administrative procedures, as required by §271.5(a)(5); 

• A description of how the State intends to carry out its responsibilities under this 

subpart, as required by §271.6; 

• An Attorney General's statement, as required by §271.7; 

• A Memorandum of Agreement with EPA, as required by §271.8; 
15

• Documentation of Public Participation: 

-- Copies of all written comments received by the State, in accordance with 

§271.20(c); 

-- A transcript, recording, or summary of any public hearing which was held 

by the State, in accordance with §271.20(c); and 

-- A responsiveness summary which identifies the public participation 

activities conducted, describes the matters presented to the public, 

summarizes significant comments received, and responds to these 

comments. 

• A revised submission in accordance with §271.5(c), if the State's submission is 

materially changed during EPA review. 

(ii) Respondent activities: 

• Read the regulations; 

• Prepare documentation and response to public comment, as required by 

§271.20(c); 

• Submit a proposed program to EPA including materials as required by §271.5, 

§271.6, §271.7, §271.8, and §271.20(c); and 

• Submit a revised program to EPA, in accordance with §271.5(c), if the State's 

submission is materially changed during EPA review. 

 (3) State Program Authorization: Revision Applications 

Either EPA or the Approved State may initiate program revision. Program revision may 

be necessary when the controlling Federal or State statutory or regulatory authority is modified 

or supplemented. The State shall inform EPA of any proposed modifications to its basic 

statutory or regulatory authority, its forms, procedures, or priorities, in accordance with section 

271.21(a). In the event that the State is revising its program, the State shall prepare and submit 

modified revisions of the program description, Attorney General's statement, Memorandum of 

Agreement, or such other documents as EPA determines to be necessary, as required by section 

271.21(b)(1). 

If a State is proposing to transfer all or any part of any program from the approved State 

agency to any other agency, EPA must be notified, including submission of revised 

organizational charts required under section 271.6(b), in accordance with section 271.21(c). 

Further, whenever EPA has reason to believe that circumstances have changed with respect to a 

State program, EPA may request, and the State shall provide, a supplemental Attorney General's 

statement, program description, or such other documents or information as are necessary, in 

accordance with section 271.21(d). 
16

Section 271.21(e) describes the maximum amount of time that the States have to revise 

their programs. Section 271.21(e)(2)(ii) requires that for Federal program changes occurring on 

or after July 1, 1984, the State program must be modified by July 1 of each year to reflect all 

changes to the Federal program occurring during the 12 months preceding the previous July 1. 

Section 271.21(e)(2)(v) allows States an additional year to modify their programs for changes to 

the Federal program which necessitate a State statutory amendment. 

The deadlines mentioned in the above paragraph may be extended by EPA if a State 

demonstrates that it has made a good faith effort to meet the deadlines required by section 

271.21(e)(2)(i-v) and that its legislative or rulemaking procedures render the State unable to do 

so. This extension is given in accordance with section 271.21(e)(3) and may be for up to six 

months. Section 271.21(g) allows the State to receive a further extension if it has already 

received the extension in accordance with section 271.21(e)(3). The State must submit a 

proposed timetable for the requisite regulatory and/or statutory revisions. The extension may be 

granted for no more than one year after the deadline established by section 271.21(e)(3), in 

accordance with section 271.21(g)(1)(iii) and (iv). 

When the State program modification has been completed, the State has 30 days to 

submit a copy of the program change and a schedule indicating when the State intends to seek 

approval of the change, as required by section 271.21(e)(4)(i). Within 60 days of the appropriate 

deadline, the State must submit to EPA the documentation described in section 271.21(b), in 

accordance with section 271.21(e)(4)(ii). 

(i) Data items: 

• Notification to EPA of the State's proposed modifications to its basic statutory or 

regulatory authority, its forms, procedures, or priorities. 

• Revision of a State program shall include the following submission: 

-- A modified program description; 

-- Attorney General's statement; 

-- Memorandum of Agreement; or 

-- Such other documents as EPA determines to be necessary under the 

circumstances. 

• Notification to EPA by States with approved programs whenever they propose to 

transfer all or part of any program from the approved State agency to any other 

State agency, including submission of revised organizational charts required 

under §271.6(b), in accordance with §271.21(c). 

• Demonstration that the State has made a good faith effort to meet the deadlines 

required by §271.21(e)(2)(i-v) to receive an extension of up to six months, in 

accordance with §271.21(e)(3). 
17

• A copy of the program change and a schedule indicating when the State intends to 

seek approval of the change. 

• A proposed timetable for the requisite regulatory and/or statutory revisions as 

long as the schedule does not exceed one year after the deadline established by 

§271.21(e)(3), in accordance with §271.21(g)(1)(iii). 

(ii) Respondent activities: 

• Read the regulations; 

• Notify EPA of any proposed modifications, as required by §271.21(a); 

• Within 30 days of modification completion, prepare and submit to EPA a copy of 

the program change and a schedule indicating when the State intends to seek 

approval of the change, as required by §271.21(e)(4)(i); and 

• Within 60 days of the appropriate deadline specified in §271.21(e),(f), or (g), 

prepare and submit modified revisions of the program description, Attorney 

General's statement, Memorandum of Agreement, or such other documents as 

EPA determines to be necessary, as required by §271.21(b)(1). 

• If seeking an extension to a deadline specified in §271.21(e)(2)(i-v), provide 

adequate demonstration that the State has made a good faith effort to meet the 

deadline and that its legislative or rulemaking procedures render the State unable 

to do so, in accordance with §271.21(e)(3). 

• If seeking an additional extension in cases where the State cannot meet the 

extension granted under §271.21(e)(3), prepare and submit a proposed timetable 

for the requisite regulatory and/or statutory revisions, in accordance with 

§271.21(g)(1)(iii). 

• If proposing to transfer all or part of any program from the approved State agency 

to any other agency, notify EPA, including submission of revised organizational 

charts required under §271.6(b), in accordance with §271.21(c). 

 (4) State Program Authorization: Withdrawal 

A State with a program approved under this part may voluntarily transfer program 

responsibilities required by Federal law to EPA by notifying EPA of the proposed transfer, 

including submission of a plan for the orderly transfer of all relevant program information not in 

the possession of EPA, as required by section 271.23(a)(1). In the event that EPA has 

commenced proceedings on its own or in response to allegations that the State failed to comply 

with the requirements of section 271.22, the State must prepare a written response admitting or 
18

denying such allegations, as required by section 271.23(b)(1). 

In the event that EPA concludes that the State has not administered the program in 

conformity with the Act or regulations, the State is required to correct any deficiencies in the 

program identified by EPA and to file, with EPA and all parties, a statement certified by the 

State that appropriate corrective actions have been taken, as required by section 271.23(b)(8)(iv). 

EPA also may require a further showing in addition to the certified statement that corrective 

action has been taken, pursuant to section 271.23(b)(8)(v). 

(i) Data items: 

• Notification of the proposed transfer, including submission of a plan for the 

orderly transfer of all relevant program information not in the possession of EPA. 

• Written response, in the event that EPA has commenced proceedings, to 

allegations that the State failed to comply with the requirements of §271.22. 

• Corrections to the State program, if applicable. 

• A statement certified by the State that appropriate actions have been taken, if 

applicable. 

• A further showing, if applicable. 

(ii) Respondent activities: 

• Read the regulations; 

• If voluntarily transferring program responsibilities to EPA, notify EPA of the 

proposed transfer of the program, as required by §271.23(a)(1); and 

• Prepare and submit a plan for the transfer of program responsibilities, as required 

by §271.23(a)(1). 

• If EPA commences proceedings on its own or in response to allegations, respond 

and submit a written response to the allegations, as required by §271.23(b)(1); 

• Correct any deficiencies to the State program and file with EPA and all parties a 

statement certified by the State that appropriate actions have been taken, as 

required by §271.23(b)(8)(iv); and 

• Prepare and submit a further showing if requested by EPA, as required by 

§271.23(b)(8)(v). 

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 
19

METHODOLOGY, AND INFORMATION MANAGEMENT 

5(a) AGENCY ACTIVITIES

 (1) State Program Authorization: Base Program Development 

The only Agency activity associated with the development of a State program is 

contributing to the preparation of a Memorandum of Agreement between the State and EPA. 

This includes review, negotiation, and agreement of the provisions included in the MOA. 

 (2) State Program Authorization: Base Program Public Participation and 

Submission 

(a) Base Program Public Participation 

The Agency activity associated with public participation and submission involves holding 

a public hearing, if there is sufficient public interest, to receive public comment on the proposed 

State plan. This public hearing may be held by either the State or EPA. 

(b) Base Program Submission 

Agency activities associated with the submission of a State program include: 

• Determine and notify the State within 30 days of State program submission, 

whether the submission is complete, in accordance with section 271.5(b); 

• Review the program; 

• Issue a public notice in the Federal Register of the tentative determination of 

authorization, as required by section 271.21(d); 

• Hold a public hearing, as required by section 271.20(d)(1); 

• Receive and review public comments for 30 days after issuing the notice; and 

• Issue a final determination of authorization in the Federal Register, taking into 

account any comments submitted, including a statement of the reasons for this 

determination, and a response to significant comments received, as required by 

section 271.20(e). 

 (3) State Program Authorization: Revision Applications 

Agency activities associated with submission of a program revision by an approved State 

include: 
20

• Grant extensions of deadlines for States submitting their revised programs, if 

applicable, in accordance with sections 271.21(e)(3) and 271.21(g)(1); 

• Review the program revisions and make a tentative determination of approval or 

disapproval, as required by section 271.21(b)(2); 

• Issue a public notice of EPA's determination in the Federal Register, largest 

newspapers, and mailings, as required by section 271.21(b)(3); 

• Receive and review public comments; and 

• Issue a public notice of EPA's final determination in the Federal Register, in 

accordance with section 271.21(b)(4). 

 (4) State Program Authorization: Withdrawal 

The following agency activities are associated with the procedures for withdrawing 

approval of a State program, as provided by section 271.23: 

• If a State with a program approved under Part 271 voluntarily transfers program 

responsibilities required by Federal law to EPA, review and evaluate the State's 

transfer plan, identifying any additional information needed or deficiencies in the 

plan, as required by section 271.23(a)(2); and 

• Issue a public notice of the proposed transfer in the Federal Register, largest 

newspapers, and mailings, in accordance with section 271.23(a)(3). 

• If EPA receives a petition to commence withdrawal proceedings, review and 

respond in writing to the petition, investigating, if necessary, its allegations, as 

required by section 271.23(b)(1); 

• If EPA commences withdrawal proceedings on its own or in response to a 

petition, issue an Administrator's order, fixing a time and a place for a hearing and 

specifying allegations against the State, as required by section 271.23(b)(1); 

• Review the record of the hearing held under section 271.23(b)(1) and issue a 

decision, in accordance with section 271.23(b)(8)(i); 

• If EPA concludes the State has not administered the program in conformity with 

the Act and regulations, list the deficiencies in the program and provide the State 

a reasonable amount of time to correct them, as required by section 

271.23(b)(8)(iii); and 

• Issue a supplementary order either withdrawing or approving the State's program 

authority, as required by section 271.23(b)(8)(iv). 
21

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

EPA has taken a number of actions to minimize the information burden on States and the 

subsequent work burden on EPA. EPA has provided States with authorization guidance manuals 

and training on their use, has simplified regulatory requirements for authorization, provides an 

Internet web site to distribute electronic copies of authorization aids, and maintains a cooperative 

attitude. 

EPA regulations requiring States to modify their programs prior to certain deadlines 

(§271.21(e)(2)) have been modified over time to improve the efficiency of program submittals 

and to reduce the information burden. States may submit only one application per year (for nonHSWA revisions) covering all Federal program changes that occurred during the previous year. 

These are referred to as annual program "clusters." HSWA provisions are grouped into two 

multi-year clusters, one covering HSWA regulations promulgated between November 8, 1984 

and June 30, 1987, and the second covering HSWA regulations from July 1, 1987, to June 30, 

1990. Starting July 1, 1990, both HSWA and non-HSWA Federal program changes will be 

included in annual program clusters. 

5(c) SMALL ENTITY FLEXIBILITY

No small organizations are affected by the 40 CFR Part 271 information requirements. 

The information burden rests solely on those States seeking authorization of their hazardous 

waste programs. 

5(d) COLLECTION SCHEDULE

EPA has amended the requirements for revisions of authorized State hazardous waste 

programs to provide for less frequent submission of authorization applications for program 

revisions. Clustering Federal program changes on an annual basis (or multi-year basis for 

HSWA) allows States to amend their regulations and submit applications annually, rather than in 

a more frequent piecemeal fashion. 

(1) State Program Authorization: Revision Applications

The schedule for revising State programs to comply with changes in Federal programs is 

described in section 271.21. Within this section there is flexibility to receive extensions for 

complying with the proposed time schedule. The following deadlines apply to the process of 

program revision: 

• For Federal program changes occurring on or after July 1, 1984, the State 

program must be modified by July 1 of each year to reflect all changes to the 

Federal program occurring during the 12 months preceding the previous July 1. 
22

• The deadlines may be extended by EPA upon demonstration by a State that it has 

made a good faith effort to meet these deadlines. This extension shall not exceed 

six (6) months. 

• Within 30 days of the completion of the State program modification the State 

must submit to EPA a copy of the program change and a schedule indicating 

when the State intends to seek approval of the change. 

• Within 60 days of the appropriate deadlines, the State must submit to EPA the 

documentation described in section 271.21(b). 

• If a State is unable to modify their programs by the deadlines they may receive an 

extension of up to one year from the extended program modification. 

(2) State Program Authorization: Withdrawal

Withdrawal of an approved State program may be initiated by the State or by EPA on 

their own initiative or in response to a petition that alleges the State failed to comply with the 

requirements, in accordance with section 271.23. The following deadlines apply to the process 

of program withdrawal: 

• A State with an approved program may voluntarily transfer program 

responsibilities. In this case, the State shall give EPA 180 days notice of the 

proposed transfer and shall submit a plan for the orderly transfer of all relevant 

program information. 

• Withdrawal proceedings initiated by EPA require the State to prepare and submit 

a written response to allegations within 30 days of EPA specifying the allegations. 

• If EPA concludes that the State program is deficient, the State has 90 days to take 

appropriate corrective action as required by EPA. 

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

EPA estimates respondent burden hours associated with all of the requirements covered 

in this ICR in Exhibits 1-4. Each exhibit represents a specific stage of the State authorization 

process and shows the associated respondent burden hours and costs required to comply with 

information collection requirements in Section 271 Subpart A over the next three years. The 

State Program Authorization stages presented in the exhibits include: 

• State Program Authorization: Base Program Development (Exhibit 1) 

• State Program Authorization: Base Program Public Participation and Submission 

(Exhibit 2) 
23

• State Program Authorization: Revision Applications (Exhibit 3) 

• State Program Authorization: Withdrawal (Exhibit 4) 

6(b) ESTIMATING RESPONDENT COSTS

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 respondent labor costs were obtained from a previously approved ICR and 

updated to 2011 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor 

Statistics. 

Exhibit 5 presents the estimated aggregate annual respondent burden and costs. Each 

exhibit and any assumptions made in calculating burden hours and costs are discussed below. 

Note that there are no capital equipment or operating and maintenance costs associated with this 

ICR. 

 (1) State Program Authorization: Base Program Development 

EPA expects that there will be no base program developments over the next three years. 

Therefore, there are no respondent burden hours or cost associated with this activity. 

 (2) State Program Authorization: Base Program Public Participation and 

Submission 

Exhibit 2 presents the estimated annual respondent burden hours and costs incurred 

during the public participation and submission stage of State authorization programs. EPA 

expects that there will be no base program developments over the next three years. Therefore, 

there are no respondent burden hours or cost associated with this activity. 

 (3) State Program Authorization: Revision Applications 

Exhibit 3 presents the estimated respondent burden hours and costs incurred during the 

revision stage of State authorization programs. EPA expects that a total of 18 approved States 

will submit one program revision annually over the next three years. This assumption is based 

on the current trend. 

(4) State Program Authorization: Withdrawal

Exhibit 4 presents the estimated annual respondent burden hours and costs incurred for 

the withdrawal of State programs. EPA expects that there will be no program withdrawals over 

the next three years. There are therefore no respondent burden hours or costs associated with 

this activity. 

6(c) ESTIMATING AGENCY BURDEN AND COSTS
24

EPA estimates annual Agency burden hours and costs associated with all of the 

requirements covered in this ICR in Exhibit 6. Exhibit 6 presents the four specific stages of the 

State authorization process -- Base Program Development, Base Program Public Participation 

and Submission, Revision Applications, and Withdrawal -- and associated respondent burden 

hours and costs required to conduct information collection activities over the next three years. 

EPA estimates an average hourly Agency labor cost of $86.56 for Regional legal staff, 

$54.94 for Regional technical staff, and $23.44for Regional clerical staff. EPA used the 2011 

Federal Pay Schedule salary figures to estimate annual compensation of Regional legal, 

managerial, technical, and clerical staff. For purposes of this ICR, EPA assigned Regional staff 

the following government service levels: 

Legal staff GS-15, Step 1 

Technical staff GS-11, Step 1 

Clerical staff GS-06, Step 1 

EPA divided annual compensation estimates by 2,080, the number of hours in a Federal 

work year, and multiplied the rates by the standard government overhead factor of 1.6 to derive 

hourly rates. 

6(d) BOTTOM LINE BURDEN HOURS AND COSTS

Exhibits 5 and 7 present the aggregate estimated annual burden and cost to respondents 

and EPA, respectively. The bottom line burden to respondents is 19,968 hours per year, at a cost 

of approximately $680,790. The bottom line burden to the Agency is 7,308 hours per year, with 

a cost of approximately $429,998. 

6(e) REASONS FOR CHANGE IN BURDEN

 This ICR assumes no change in the annual hourly burden for respondents and agency. 

6(f) BURDEN STATEMENT

The annual public reporting and recordkeeping burden for this collection of information 

is estimated to average 399 hours per response. For a State developing and revising a base 

program under RCRA and conducting public participation activities, EPA estimates that the 

reporting burden, with no associated recordkeeping burden, averages 0 hours per respondent. 

EPA does not expect any States to develop a program application or to submit a base program 

application over the three year period covered in this ICR. The reporting burden includes the 

time for developing each program component, allowing for public approval, and subsequently 

modifying and submitting the program to EPA. For a State submitting a revised program to 

EPA, the reporting burden is estimated to be 1,009 hours per year, with no associated 

recordkeeping burden. For a State whose program is being withdrawn, the reporting burden is 

estimated to average 207 hours, with no associated recordkeeping burden. EPA, however, does 
25

not expect that any State program will be withdrawn during the next three years. 

Burden means the total time, effort, or financial resources expended by persons to 

generate, maintain, retain, or disclose or provide information to or for a Federal agency. This 

includes the time needed to review instructions; develop, acquire, install, and utilize technology 

and systems for the purposes of collecting, validating, and verifying information, processing and 

maintaining information, and disclosing and providing information; adjust the existing ways to 

comply with any previously applicable instructions and requirements; train personnel to be able 

to respond to a collection of information; search data sources; complete and review the collection 

of information; and transmit or otherwise disclose the information. An agency may not conduct 

or sponsor, and a person is not required to respond to, a collection of information unless it 

displays a currently valid OMB control number. The OMB control numbers for EPA's 

regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. 

To comment on the Agency's need for this information, the accuracy of the provided 

burden estimates, and any suggested methods for minimizing respondent burden, including the 

use of automated collection techniques, EPA has established a public docket for this ICR under 

Docket ID Number EPA-HQ-RCRA-2011-0751, which is available for online viewing at 

www.regulations.gov, or in person viewing at the Resource Conservation & Recovery Act 

(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 the 

RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at 

www.regulations.gov. This site can be used to submit or view public comments, access the 

index listing of the contents of the public docket, and to access those documents in the public 

docket that are available electronically. When in the system, select “search,” then key in the 

Docket ID Number identified above. Also, you can send comments to the Office of Information 

and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, 

D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPAHQ-RCRA-2011-0751 and OMB Control Number 2050-0041 in any correspondence.
 

26

EXHIBIT 1:STATE PROGRAM AUTHORIZATION: BASE PROGRAM DEVELOPMENTANNUAL RESPONDENT BURDEN AND COST ESTIMATES

Number Hours per Respondent Total 

of Res- Legal Technical Clerical Hours 

INFORMATION COLLECTION ACTIVITY pondents Hours Hours Hours Per Year STATE PROGRAM AUTHORIZATION: BASE PROGRAM DEVELOPMENTMiscellaneous Program Elements Read the regulations 0 100.00 300.00 12.00 0.0 Obtain a letter from the Governor 0 5.50 15.00 4.00 0.0 Prepare copies of all applicable State 0  statutes and regulations 0 200.00 1,200.00 40.00 0.0 Revise submission, if it is 0  materially changed 0 40.00 300.00 24.00 0.0

Sub-total: Miscellaneous Program Elements 0 345.50 1,815.00 80.00 0.0Program Description Read the regulations 0 3.50 7.00 0.00 0.0 Prepare a program description 0 40.00 162.50 25.00 0.0

Sub-total: Program description 0 43.50 169.50 25.00 0.0

Attorney General's Statement Read the regulations 0 12.00 80.00 12.00 0.0 Prepare a statement by the State  Attorney General 0 24.00 120.00 12.00 0.0

Sub-total: Attorney General's Statement 0 36.00 100.00 18.00 0.0Memorandum of Agreement (MOA) with EPA Read the regulations 0 2.00 4.00 0.00 0.0 Prepare a MOA between the State and EPA 0 40.00 120.00 12.00 0.0Sub-total: Memorandum of Agreement 0 42.00 124.00 12.00 0.0TOTAL 0 467.00 2,208.50 135.00 0.0
 

27

EXHIBIT 2:STATE PROGRAM AUTHORIZATION: BASE PROGRAM PUBLIC PARTICIPATION AND SUBMISSIONANNUAL RESPONDENT BURDEN AND COST ESTIMATES

Number Hours per Respondent Total 

of Res- Legal Technical Clerical Hours 

INFORMATION COLLECTION ACTIVITY pondents Hours Hours Hours Per Year STATE PROGRAM AUTHORIZATION: BASE PROGRAM PUBLIC PARTICIPATION AND SUBMISSIONBase Program Public Participation Read the regulations 0 4.50 11.00 0.00 0.0 Issue public notice 0 6.00 12.00 2.50 0.0 Hold a public hearing 0 12.00 32.00 8.00 0.0 Receive, review, and respond to public comments, modifying the program if necessary 0 16.00 40.00 13.00 0.0 Provide an opportunity for, and review and respond to further public comments in the event that the proposed State program is modified 0 14.00 40.00 14.00 0.0

Sub-total: Base Program Public Participation 0 52.50 135.00 37.50 0.0Base Program Submission Read the regulations 0 12.00 40.00 0.00 0.0 Prepare documentation and response to  public comment 0 24.00 120.00 10.00 0.0 Submit a proposed program to EPA 0 9.00 32.50 9.00 0.0 Submit a revised program, if the State's is materially changed 0 12.00 40.00 9.00 0.0

Sub-total: Base Program Submission 0 57.00 232.50 28.00 0.0TOTAL 0 109.50 367.50 65.50 0.0
 

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EXHIBIT 3:STATE PROGRAM AUTHORIZATION: REVISION APPLICATIONSANNUAL RESPONDENT BURDEN AND COST ESTIMATES

Number Hours per Respondent Total 

of Res- Legal Technical Clerical Hours 

INFORMATION COLLECTION ACTIVITY pondents Hours Hours Hours Per Year STATE PROGRAM AUTHORIZATION: REVISION APPLICATIONS Read the regulations 50 6.00 24.00 0.00 1,500.0 Notify EPA of any proposed modification 50 6.00 40.00 8.00 2,700.0 Prepare and submit a copy of the program change  and a schedule for approval 18 60.00 700.00 20.00 14,040.0 Prepare and submit modified revisions  of the program components 18 8.00 80.00 8.00 1,728.0 For an extension, demonstrate that the State has made a good faith effort to meet deadlines and  that its legislative or rulemaking procedures render the State unable to do so 0 8.00 8.00 4.00 0.0 For an additional extension, prepare and submit a proposed timetable for the requisite regulatory and/or statutory revisions 0 5.00 20.00 4.00 0.0 Notify EPA of transfer of program, including submission of revised organizational charts 0 12.00 40.00 8.00 0.0TOTAL 18 93.00 872.00 44.00 19,968.0
 

29

EXHIBIT 4:STATE PROGRAM AUTHORIZATION: WITHDRAWALANNUAL RESPONDENT BURDEN AND COST ESTIMATES

Number Hours per Respondent Total 

of Res- Legal Technical Clerical Hours 

INFORMATION COLLECTION ACTIVITY pondents Hours Hours Hours Per Year STATE PROGRAM AUTHORIZATION: WITHDRAWAL Read the regulations 0 12.00 40.00 4.00 0.0 Notify EPA of proposed transfer of the program 0 5.00 20.00 4.00 0.0 Prepare and submit a plan for the transfer 0  of program responsibilities 0 40.00 120.00 12.00 0.0 Respond and submit a written response to 0  allegations if EPA commences proceedings 0 80.00 300.00 15.00 0.0

 Correct any deficiencies to the State program and file with EPA a statement that appropriate  actions have been taken 0 60.00 200.00 12.00 0.0

 Prepare and submit a further showing 0 10.00 60.00 12.00 0.0TOTAL 0 207.00 740.00 59.00 0.0
 

30

EXHIBIT 5:STATE PROGRAM AUTHORIZATION: RESPONDENT BURDEN AND COST SUMMARYANNUAL RESPONDENT BURDEN AND COST ESTIMATES

Total 

Hours 

INFORMATION COLLECTION ACTIVITY Per Year STATE PROGRAM AUTHORIZATION: SUMMARY Base Program Development 0.00  Base Program Public Participation and Submission 0.00  Revision Applications 19,968.00  Withdrawal 0.00 TOTAL 19,968.00 
 

31

EXHIBIT 6:STATE PROGRAM AUTHORIZATION: ANNUAL AGENCY BURDEN AND COST SUMMARYANNUAL AGENCY BURDEN AND COST ESTIMATES

Number Hours per Respondent Tota

of Res- Legal Technical Clerical Hours 

INFORMATION COLLECTION ACTIVITY pondents Hours Hours Hours Per YeSTATE PROGRAM AUTHORIZATION: BASE PROGRAM DEVELOPMENT Review, negotiate, and agree on the provisions included in the Memorandum of Agreement 0 80.00 400.00 12.00 0Sub-total: Base Program Development 0 80.00 400.00 12.00 0STATE PROGRAM AUTHORIZATION: BASE PROGRAM PUBLIC PARTICIPATION AND SUBMISSIONBase Program Public Participation Hold a public hearingBase Program Submission Determine whether the submission is complete and notify the State 0 12.00 80.00 8.00 0 Review the program 0 20.00 160.00 10.00 0 Issue public notice of the tentative determination 0 2.00 6.00 1.00 0 Hold a public hearing 0 8 16 8 0 Receive and review public comments 0 6.00 32.00 10.00 0 Issue a final decision of authorization, including reasons for the decision  and a response to any significant public comment 0 6.00 20.00 8.00 0Sub-total: Base Program Public Participationand Submission 0 54.00 314.00 45.00 0STATE PROGRAM AUTHORIZATION: REVISION APPLICATIONS Grant extensions of deadlines for States submitting their revised programs 0 2.00 8.00 1.00 0 Review revised program and prepare a tentative determination of approval or disapproval of  program revisions 18 60.00 250.00 8.00 5,724 Issue public notice of tentative decision 18 2.00 16.00 4.00 396 Receive and review public comments 18 2.00 24.00 4.00 540 Issue public notice of final decision 18 4.00 30.00 2.00 648Sub-total: Base Program Revision Varies 70.00 328.00 19.00 7,308STATE PROGRAM AUTHORIZATION: WITHDRAWAL Review and evaluate the State's transfer plan 0 32.00 160.00 12.00 0 Issue public notice of the proposed transfer 0 8.00 60.00 12.00 0 Review and respond in writing to any petition  to commence withdrawal proceedings 0 24.00 100.00 12.00 0 Issue an order commencing proceedings 0 20.00 60.00 12.00 0 Review the record of the hearing and issue a decision 0 40.00 160.00 8.00 0 List deficiencies 0 8.00 60.00 18.00 0 Issue a supplementary order 0 4.00 20.00 6.00 0Sub-total: Withdrawal 0 136.00 620.00 80.00 0TOTAL 0 340.00 1,662.00 156.00 7,308
 

32

EXHIBIT 7:STATE PROGRAM AUTHORIZATION: ANNUAL AGENCY BURDEN AND COST SUMMARYANNUAL AGENCY BURDEN AND COST ESTIMATES

Total 

Hours 

INFORMATION COLLECTION ACTIVITY Per Year STATE PROGRAM AUTHORIZATION: SUMMARY Base Program Development 0.00  Base Program Public Participation and Submission 0.00  Revision Applications 7,308.00  Withdrawal 0.00 TOTAL 7,308.00 
 

33