SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST NUMBER 2382.02 

REPORTING AND RECORDKEEPING REQUIREMENTS FOR THE FINAL RULE 

ON THE IDENTIFICATION OF NON-HAZARDOUS SECONDARY MATERIALS 

THAT ARE SOLID WASTE

January 2011 
i 

TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION ........................................1 

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

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

2. NEED FOR AND USE OF THE COLLECTION ...............................................................2 

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

2(b) Practical Utility and Users of the Data ....................................................................2 

3. NONDUPLICATION, CONSULTATIONS, AND OTHER 

 COLLECTION CRITERIA ................................................................................................2 

3(a) Nonduplication .........................................................................................................2 

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

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

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

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

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

3(g) Sensitive Questions ..................................................................................................4 

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

4(a) Respondents and NAICS Codes ..............................................................................4 

4(b) Information Requested .............................................................................................5 

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT .........................................6 

5(a) Agency Activities .....................................................................................................6 

5(b) Small Entity Flexibility ............................................................................................7 

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION .................7 

6(a) Estimating Respondent Burden................................................................................7 

6(b) Estimating Respondent Costs ..................................................................................7 

6(c) Estimating Agency Burden and Costs .....................................................................8 

6(d) Estimating the Respondent Universe and Total Burden and Costs .........................8 

6(e) Bottom Line Burden Hours and Costs ...................................................................10 

6(f) Reason for Change in Burden ................................................................................11 

6(g) Burden Statement ...................................................................................................11 
ii 

EXHIBITS 

Exhibit 1: Estimated Respondent Burden and Cost ......................................................................12 

Exhibit 2: Estimated Agency Burden and Cost ............................................................................13 

Exhibit 3: Estimated Average Burden per Respondent ................................................................14 
1 

1. IDENTIFICATION OF THE INFORMATION COLLECTION 

1(a) Title and Number of the Information Collection 

This information Collection Request (ICR) is entitled “Reporting and Recordkeeping 

Requirements for the Final Rule on The Identification of Non-Hazardous Secondary Materials 

That Are Solid Waste,” EPA ICR Number 2382.02. 

1(b) Short Characterization 

Section 112(d) of the Clean Air Act (CAA) requires the promulgation of regulations to 

control emissions of specific hazardous air pollutants from “major sources” within defined 

source categories.1,2 One such regulation, promulgated in September 2004, is the National 

Emissions Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional 

Boilers and Process Heaters (the “Boilers Rule”), which established Maximum Achievable 

Control Technology (MACT) standards for this source category. Section 129 of the CAA 

directed EPA to promulgate regulations to control emissions of nine specified pollutants from 

“solid waste incineration units.” EPA did so in December 2000 with the publication of the final 

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing 

Sources: Commercial and Industrial Solid Waste Incineration Units (the “CISWI Rule”). Units 

regulated under Section 129 cannot be subject to any rule promulgated under Section 112. 

In September 2005, in response to a subsequent petition for reconsideration, EPA 

amended the CISWI Rule when it promulgated revised definitions for “solid waste,” 

“commercial or industrial waste,” and “commercial and industrial solid waste incineration unit” 

(the “CISWI Definitions Rule”). As part of the CISWI Definitions Rule, EPA made a distinction 

between solid waste incinerators and boilers, characterizing the former as units that are designed 

and operated to discard materials through high temperature combustion. However, EPA excluded 

from the definition of a solid waste incinerator those units designed to recover energy for “useful 

purposes such as steam generation or process heating.” 

In July 2007, the Court of Appeals for the District of Columbia Circuit vacated and 

remanded to EPA both the CISWI Definitions Rule and the Boilers Rule. In vacating the 

definitions rule, the Court noted that, despite the potential reasonableness of the functional 

distinction between boilers and incinerators, the CAA is unambiguous in its requirement that 

EPA regulate any commercial or industrial incinerator that combusts any solid waste material, as 

a solid waste incineration unit regardless of whether the waste is burned as a “fuel.” The Court 

also concluded that EPA erred in excluding from the CISWI Definitions Rule units that combust 

solid waste for the purposes of energy recovery and including these units in the Boilers Rule. In 

 1 A “major source” is any stationary source that emits or has the potential to emit considering controls, in 

the aggregate, at least 10 tons per year of any hazardous air pollutant or at least 25 tons per year of any combination 

of hazardous air pollutants. 

2 The Clean Air Act also requires EPA to identify and list the area source categories (sources that are not 

major sources) that represent 90 percent of the emissions of the 30 urban air toxics associated with area sources and 

subject them to standards under the Section 112(d) of the Act. EPA’s Urban Air Toxics Strategy is summarized in 

Federal Register, Vol 64, No. 137, 38706, July 19, 1999. 
2 

short, revision to the Definitions Rule necessitates a revision to the Boilers Rule as well, since 

the former will result in a different set of units that will be subject to the latter. 

EPA’s response to the Court’s decision requires a clear determination of which nonhazardous, “secondary materials”3

 constitute RCRA Subtitle D “solid waste” in order to clarify 

when the combustion of these materials would be regulated pursuant to CAA Section 129 (as 

opposed to potential regulation under Section 112 if a combustion unit burns materials that are 

not solid waste when combusted). Thus, EPA has developed the Final Rule for the identification 

of non-hazardous secondary materials that are solid waste. 

This ICR is a description of the information collection requirements for combustion units 

that use non-hazardous secondary materials that are solid wastes. 

2. NEED FOR AND USE OF THE COLLECTION 

2(a) Need and Authority for the Collection 

The requirements covered in this ICR are necessary for EPA to identify non-hazardous 

secondary materials that are solid waste when combusted and to enforce Sections 112 and 129 of 

the Clean Air Act. EPA is proposing the establishment of these information collection 

requirements under the authority of Subtitle D of the Resource Conservation and Recovery Act 

(RCRA). 

2(b) Practical Utility and Users of the Data 

EPA will use the collected information to ensure that non-hazardous secondary materials 

that are solid wastes are managed as such and that combustion units that use these materials are 

regulated under Section 129 of the Clean Air Act. In particular, EPA will use information 

collected pursuant to the Final Rule’s petition process requirements to assess whether the 

materials included in each petition are solid wastes. 

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA 

3(a) Nonduplication 

None of the information required by the Final Rule would duplicate information required 

by existing RCRA regulations. 

 3

 A “secondary material” is any material that is not the primary product of a manufacturing or commercial 

process, and can include post-consumer material, off-specification commercial chemical products or manufacturing 

chemical intermediates, post-industrial material, and scrap. 
3 

3(b) Public Notice 

In compliance with the Paperwork Reduction Act of 1995, EPA opened a 60-day public 

comment period at the time that the Proposed Rule was published in the Federal Register.

4

 To 

assist the public in commenting on the proposal, EPA raised a number of issues in the preamble 

to the Proposed Rule and asked for the public to comment on them. EPA has published 

responses to the comments on the rulemaking docket (Docket ID No. EPA-HQ-RCRA-2008-

0329) and addresses several of these comments in the preamble to the Final Rule. 

3(c) Consultations

EPA consulted and collected information from interested parties over the course of 

several months to support the Final Rule. EPA solicited and received comments on the Proposed 

Rule and addresses these comments in the preamble to the Final Rule.5 EPA also met and 

communicated with industry associations, generators and users of the materials potentially 

affected by the rule, as well as other interested parties. The summaries of the meetings and 

telephone conversations with interested parties are available in the docket for the Final Rule. 

 3(d) Effects of Less Frequent Collection

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

Final Rule. EPA is confident that those activities required of respondents are necessary, and to 

the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes 

strongly that, if the minimum information collection requirements of the Final Rule are not met, 

neither industry nor EPA will be able to ensure that non-hazardous secondary materials that are 

solid wastes are managed in a manner that is protective of human health and the environment. 

3(e) General Guidelines

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

OMB’s implementing regulations, EPA’s ICR Handbook, and other applicable OMB guidance. 

3(f) Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which defines EPA’s general 

policy on public disclosure of information, contain provisions for confidentiality. However, the 

Agency does not anticipate that businesses will assert a claim of confidentiality covering all or 

part of the Final Rule. If such a claim is asserted, EPA must and will treat the information in 

accordance with the regulations cited above. EPA also will assure that this information 

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

 4 Federal Register, Vol. 75, No. 107, 31844, June 4, 2010. 

5 Ibid. 
4 

3(g) Sensitive Questions

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

associated with the Final Rule. 

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

4(a) Respondents and NAICS Codes

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

codes associated with the facilities most likely to be affected by the information collection 

requirements covered in this ICR. 

NAICS NAICS Category 

111 Crop Production 

113 Forestry and Logging 

114 Fishing, Hunting, and Trapping 

115 Support Activities for Agriculture and Forestry 

211 Oil and Gas Extraction 

212 Mining (Except Oil and Gas) 

221 Utilities 

237 Heavy and Civil Engineering Construction 

311 Food Manufacturing 

312 Beverage and Tobacco Product Manufacturing 

313 Textile Mills 

314 Textile Product Mills 

316 Leather and Allied Product Manufacturing 

321 Wood Product Manufacturing 

322 Paper Manufacturing 

323 Printing and Related Support Activities 

324 Petroleum and Coal Products Manufacturing 

325 Chemical Manufacturing 

326 Plastics and Rubber Products Manufacturing 

327 Nonmetallic Mineral Product Manufacturing 

331 Primary Metal Manufacturing 

332 Fabricated Metal Product Manufacturing 

333 Machinery Manufacturing 

334 Computer and Electronic Product Manufacturing 

335 Electrical Equipment, Appliance and Component Manufacturing 

336 Transportation Equipment Manufacturing 

337 Furniture and Related Product Manufacturing 

339 Miscellaneous Manufacturing 

423 Merchant Wholesalers, Durable Goods 

424 Nondurable Goods Merchant Wholesalers 

441 Motor Vehicle and Parts Dealers 

446 Health and Personal Care Stores 

451 Sporting Good, Hobby, Book and Music Stores 

481 Air Transportation 

482 Rail Transportation 

486 Pipeline Transportation 

488 Support Activities for Transportation 

493 Warehousing and Storage 

522 Credit Intermediation and Related Activities 
5 

NAICS NAICS Category 

541 Professional, Scientific and Technical Services 

561 Administrative and Support Services 

562 Waste Management and Remediation Services 

611 Educational Services 

622 Hospitals 

721 Accommodation 

811 Repair and Maintenance 

921 Public Administration 

928 Public Administration 

This table is not intended to be exhaustive, but rather provides a guide for readers 

regarding entities likely to be impacted by this action. 

4(b) Information Requested 

This section describes information collection requirements applicable to entities that 

would be affected by the Final Rule. 

Petition Process 

(i) Data items: 

The Final Rule establishes a non-waste determination petition process that provides 

persons with an administrative process for receiving a formal determination from the EPA 

Regional Administrator that non-hazardous secondary materials that are burned as a fuel and 

have not been managed within the control of the generator, have not been discarded, and are 

indistinguishable in all relevant aspects from a fuel product are not a solid waste when used as a 

legitimate fuel in a combustion unit. To receive consideration, a petitioner must request a casespecific non-waste determination. While the process is voluntary, it requires the petitioner to 

provide information describing how the secondary materials satisfy the legitimacy criteria, along 

with analysis of certain market, human and environmental health, and other factors. 

 (ii) Respondent activities: 

In order for EPA to grant the non-waste determination, a petitioner must show that the 

material in question was not initially abandoned or thrown away by the generator. After 

demonstrating that the non-hazardous secondary material has not been discarded in the first 

instance, the petitioner must then demonstrate that the material is indistinguishable in all relevant 

aspects from a fuel product by showing that it satisfies all of the following five criteria: (1) 

whether market participants handle the non-hazardous secondary material as a fuel rather than a 

waste; (2) whether the chemical and physical identity of the non-hazardous secondary material is 

comparable to a commercial fuel; (3) whether the capacity of the market would use the nonhazardous secondary material in a reasonable time frame; (4) whether the constituents in the nonhazardous secondary material are released to the air, water or land from the point of generation 

to the point just prior to combustion of the non-hazardous secondary material at levels 

comparable to what would otherwise be released from traditional fuels; and (5) other relevant 

factors. 
6 

Notification 

The Final Rule does not contain any notification requirements. 

Rule Familiarization (Reading the Regulations) 

(i) Data items: 

None. 

(ii) Respondent activities: 

 It is expected that entities potentially affected by the Final Rule will read it to assess how 

it may affect their operations. 

Title V Permitting 

In addition, under the Final Rule, some combustion units that are currently regulated 

under Section 112 of the Clean Air Act will be regulated under Section 129. For a limited 

number of units, this change in regulatory status could potentially trigger the permitting 

requirements of Title V of the Clean Air Act. 

Title V permitting requirements apply to all major emissions sources, cement kilns, and 

electric arc furnace steelmaking facilities/units.6

 Therefore, many of the units potentially 

affected by the rule are already required to obtain a Title V permit. The data available to the 

Agency do not indicate that any units will be newly subject to the Title V permitting requirement 

as a result of the Final Rule. Therefore, this ICR does not examine any activities associated with 

Title V permitting. 

5. THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT 

5(a) Agency Activities 

As discussed above, EPA is proposing a self-implementing approach that requires 

facilities to determine whether a given material meets EPA’s non-waste criteria. The Agency is 

also establishing a petition process under which facilities may seek clarity on whether the 

materials that they burn are considered solid wastes. Therefore, under this Final Rule, EPA will 

process and review the petitions of facilities seeking non-waste determinations and decide 

whether the information provided in each petition warrants a non-waste determination.

Because the Final Rule contains no notification requirements, the Agency will not engage 

 6 40 CFR Part 270 includes detailed information on the requirements of the Title V permitting program. 
7 

in notification review under the rule. 

5(b) Small Entity Flexibility 

The self-implementing approach for non-waste determinations finalized by EPA would 

provide small entities with flexibility to minimize their information collection burdens under the 

Final Rule. Under this approach, small entities would not be required to submit any paperwork 

to EPA or state agencies and would have the flexibility to develop their own individualized 

approaches for determining whether the materials that they burn meet the non-waste criteria 

included in the Final Rule. 

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 

6(a) Estimating Respondent Burden

 In Exhibit 1, EPA estimates the respondent burden associated with the new paperwork 

requirements in the Final Rule. As shown in the Exhibit, EPA estimates that the total one-time 

respondent burden for the new requirements in the rule varies between 1 hour (per respondent) 

and approximately 149 hours (per respondent), depending on whether the facility incurs solely 

rule familiarization costs, or whether it also incurs petition process costs. 

 6(b) Estimating Respondent Costs 

Exhibit 1 summarizes the total costs of the information collection activities associated 

with the Final Rule. As indicated in the exhibit, these range from $74 per respondent for rule 

familiarization to $10,088 for the petition process for non-waste determinations. Where 

applicable, these cost estimates reflect the cost of labor as well as operations and maintenance 

(O&M) costs. 

Labor Costs 

For purposes of this analysis, EPA estimates an average hourly respondent labor cost of 

$92 for legal staff, $76 for managerial staff, $66 for technical staff, and $29 for clerical staff. 

These hourly labor costs were obtained from the following sources: 

• Hourly Wage: Bureau of Labor Statistics, occupational earnings data for 2009.7

• Benefits Percentage: U.S. Department of Labor data on benefits as a percentage 

of total compensation.8

 7

Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010 

(average reference date July 2009), Table 3 Full-time civilian workers: Mean and median hourly, weekly, and 

annual earnings and mean weekly and annual hours. Acessed at http://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, 

December 8, 2010. We assume these estimates are in year 2009$.. 

8

 U.S. Department of Labor, "EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—

SEPTEMBER 2010," USDL-10-1687, December 8, 2010. Derived from percent of total compensation breakout for 

"civilian workers" as presented in Table 2. 
8 

• Overhead: Expressed as a percent of wages, as summarized in the regulatory 

impact analysis for the 2008 Definition of Solid Waste Final Rule.9

 

Capital and Operation & Maintenance Costs

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

required 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 of the Final Rule. 

O&M costs are those costs associated with materials and services procured for the 

information collection requirements included in the ICR. For this ICR, O&M costs may include 

material testing for the petition process, as well as the costs of supplies used in the preparation of 

each petition (e.g., photocopies). We estimate that facilities will incur O&M costs of $293 per 

material for testing.10 Based on data compiled in support of EPA’s Boiler MACT and CISWI 

rulemakings, we estimate that each facility will, on average, petition for non-waste 

determinations for 1.38 materials.11 Applying this to the testing cost of $293 per material, we 

estimate per facility O&M costs of $403 for testing. 

6(c) Estimating Agency Burden and Costs

Exhibit 2 below presents the estimated Agency burden and costs associated with the 

requirements covered in this ICR. We estimate that EPA would incur a one-time cost of 

approximately $10,058 per respondent for the petition process. 

6(d) Estimating the Respondent Universe and Total Burden and Costs 

Respondent Universe 

The number of affected entities varies by information collection activity, as summarized 

below: 

Rule Familiarization: EPA estimates that 1,461 facilities will incur rule familiarization 

costs under the Final Rule. This estimate is based upon information compiled by EPA on 

the non-hazardous secondary materials burned by individual combustion units potentially 

affected by either of the following rulemakings: (1) the Standards of Performance for 

New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and 

 9

 U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial 

Recycling Exclusions Of the RCRA Definition Of Solid Waste, September 25, 2008. Exhibit B-1. 

10 Estimate derived from RACER 2005 Cost Estimating Software. 

11 U.S. EPA, Office of Air Quality Planning and Standards, Draft combustor database in support of the 

proposed CISWI Rule, April 14, 2009 and U.S. EPA, Office of Air Quality Planning and Standards, Draft 

combustor database in support of the proposed major source Boilers Rule, March 20, 2009.
9 

Industrial Solid Waste Incineration (CISWI) Units (the CISWI Rule); and (2) the 

National Emission Standards for Hazardous Air Pollutants for 

Industrial/Commercial/Institutional Boilers and Process Heaters (the major source Boilers 

Rule).12,13 

Petition Process: EPA assumes that those facilities that currently burn secondary 

materials considered to be waste under the Final Rule will undergo the petition process 

for non-waste determination if the material is not burned within the control of the 

generator. Based on the unit-level information compiled by EPA for the CISWI Rule and 

the Major Source Boilers Rule, the Agency estimates that a total of 168 facilities will 

submit petitions to the Agency.14 

Respondent Burden and Cost

Based on the universe data presented above, EPA estimates the respondent burden 

associated with all of the new information collection requirements covered in this ICR in Exhibit 

1. A discussion of the assumptions used in developing these burden estimates follows. 

Rule Familiarization

As shown in Exhibit 1, EPA estimates that 1,461 potentially affected facilities will read 

the rule. Based on the ICR for another recent RCRA rulemaking, we estimate that the perfacility burden for rule familiarization is one hour and that the cost per facility for rule 

familiarization is $74.15 

Petition Process

As shown in Exhibit 1, EPA estimates that 168 potentially affected facilities will file 

petitions for non-waste determinations. Specifically, EPA assumes that all facilities that burn 

non-hazardous secondary materials considered to be solid waste when combusted under the Final 

Rule will file petitions for non-waste determinations. Similar to reading the regulations, it is 

assumed that this represents a one-time cost per facility. 

 12 U.S. EPA, Office of Air Quality Planning and Standards, Draft combustor database in support of the 

proposed CISWI Rule, April 14, 2009 and U.S. EPA, Office of Air Quality Planning and Standards, Draft 

combustor database in support of the proposed major source Boilers Rule, March 20, 2009. 

13 EPA is also issuing National Emission Standards for Hazardous Air Pollutants for Area Sources: 

Industrial, Commercial, and Institutional Boilers (the area source Boilers Rule). The vast majority of such units, 

however, are not designed to burn secondary materials and will therefore not be affected by the Final NHSM Rule. 

14 U.S. EPA, Office of Air Quality Planning and Standards, op cit.. 

15 U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2324.01 Reporting 

and Recordkeeping Requirements for the Proposed Rule in Adding Pharmaceuticals to the Universal Waste Rule 

(Proposed Rule), September 2008, Exhibit 1. 
10 

We estimate the burden and cost of the petition process based partially on the estimated 

burden and cost for the petition process included in the 2008 Definition of Solid Waste (DSW) 

Rule and the estimated additional cost of testing NHSMs to ensure that they meet the legitimacy 

criteria. The petition process in the 2008 DSW rule is similar to that established in the Final 

NHSM Rule in that petitioner must demonstrate that the material in question is not discarded and 

meets specific non-waste criteria. In addition, testing costs are assumed to require two hours of 

field technical labor per material petitioned plus an additional $293 in O&M costs per material 

petitioned. The estimated per facility burden of this petition process is approximately 149 hours 

(for the facility itself), and the estimated cost per facility is $10,100. 

6(e) Bottom Line Burden Hours and Costs

Respondent Burden and Costs

In Exhibit 1, EPA presents the total respondent burden and cost for each of the two 

paperwork requirements associated with the Final Rule (i.e., rule familiarization and the petition 

process for non-waste determinations). As described above, these paperwork requirements apply 

to units and facilities that burn non-hazardous secondary materials. The total respondent burden 

and costs for these requirements are as follows: 

Rule Familiarization

All potentially affected facilities will incur the one-time cost of reading the rule. EPA 

estimates that the hours burden of rule familiarization is 1,461 hours and that the associated cost 

is $108,771. 

Petition Process

Facilities that burn non-hazardous secondary materials that are considered solid waste 

under the Final Rule are expected to incur the one-time cost of petitioning for non-waste 

determination. The estimated (one-time) hours burden for respondents is 25,000 hours and the 

estimated (one-time) cost of the petition process for respondents is approximately $1.7 million. 

Agency Burden and Costs 

Exhibit 2 summarizes the total Agency burden and cost associated with the paperwork 

requirements for the Final Rule. As indicated in the exhibit, the Agency’s burden and costs 

relate to the petition process for non-waste determinations included in the Final Rule. The onetime burden realized by the Agency for the petition process included in the Final Rule is 

approximately 26,200 hours. EPA estimates that the cost incurred by the Agency under the 

petition process is approximately $1.7 million.
11 

6(f) Reasons for Change in Burden 

As described in this ICR, EPA expects that the Final Rule will result in an increase in 

burden to users of non-hazardous secondary materials and the Agency itself. This increase in 

burden reflects specific paperwork requirements established by the Final Rule (e.g., the petition 

process for non-waste determinations). EPA has determined that these paperwork requirements 

are necessary for informed assessments of the waste status of certain secondary materials, and to 

ensure that non-hazardous secondary materials are managed in a manner that is consistent with 

their status as a waste or non-waste under the Final Rule. 

6(g) Burden Statement 

 Exhibit 3 summarizes the average burden associated with each of the paperwork 

requirements associated with the Final Rule, presented separately for regulated entities and EPA. 

The paperwork requirements reflected in the exhibit include one-time activities for (1) the 

petition process for non-waste determinations included in the Final Rule and (2) rule 

familiarization. 

 As indicated in Exhibit 3, we estimate the total burden associated with one-time activities 

as a range for regulated entities and EPA. This is because the burden per respondent depends on 

whether the respondent files a petition for non-waste determination. 

 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-2008-0329, 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 the RCRA Docket is (202) 566-0270. An electronic version 

of the public docket is available at www.regulations.gov. This site can be used to submit or view 

public comments, access the index listing of the contents of the public docket, and to access 

those documents in the public docket that are available electronically. When in the system, 

select “search,” then key in the Docket ID Number identified above. Also, you can send 

comments to the Office of Information and Regulatory Affairs, Office of Management and 

Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please 

include the EPA Docket ID Number EPA-HQ-RCRA-2008-0329 and OMB Control Number 

2050-new in any correspondence. 
12

1 Hourly Wages: Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010 (average referen

Full-time civilian workers: Mean and median hourly, weekly, and annual earnings and mean weekly and annhttp://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, December 8, 2010. Benefits Percentage: U.S. Department of Labor, "Employer Costs for Employee Compensation—September 2010" USDL-10-1687, Decem

percent of total compensation breakout for "civilian workers" as presented in Table 2. Overhead Percentage: U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial Recycling Exclusio

Of Solid Waste, September 25, 2008. Exhibit B-1. 

2 Hours for Rule Familiarization: U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2324.01 Rep

Requirements for the Final Rule in Adding Pharmaceuticals to the Universal Waste Rule (Final Rule), September 2008, Exhibit 1.

3 Petition Process Costs: Derived from U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2310.01: Revision

Solid Waste (Final Rule), October 28, 2008. Hours estimate for technical labor also reflects an assumed 2 hours of testing per material estimated O&M cost reflects a testing cost of $293 per material tested, based on data from the RACER 2005 cost estimating software. Badatabases developed by EPA for the Major Source Boiler MACT and the CISWI rule, we estimate that, on average, 1.38 materials will be teste

4 Uncertainty Regarding Number of Respondents for the Petition Process: As described in previous sections of this document, EPA assum

affected by the CISWI rule and the major source Boilers Rule will submit petitions to EPA for a non-waste determination if they burn materwaste under the Final Rule and if the material is burned outside the control of the generator. Based on these conditions, the Agency estimsubmit petitions. In reality, the number of petitions that will be submitted is uncertain and dependent on several factors that EPA is unable to 

characteristics of individual facilities). 

Exhibit 1 - Estimated Respondent Burden and Cost 

 Hours and Costs per Respondent INFORMATION COLLECTION ACTIVITY 

Leg. $92/Hr 

Mgr. $76/Hr 

Tech. $66/Hr 

Cler. $29/Hr 

Respon. Hours 

Labor Cost1

Capital/ Startup Cost 

O & M Cost 

Cost per Respondent 

Number of Responden

RULE FAMILIARIZATION – Read the rule (one-time burden and cost) Affected Facilities 0.2 0.3 0.5 0.0 1.02 $64.0 $0.0 $0.0 $74 1,461 PETITION PROCESS (one-time)Affected Facilities 4 4 1335 8 149 $9,6853 $0.0 $4033 $10,0885 168 
13 

Exhibit 2 - Estimated Agency Burden and Cost 

 Hours and Costs per Respondent INFORMATION COLLECTION ACTIVITY 

Leg. $92/Hr 

Mgr. $76/Hr 

Tech. $66/Hr 

Cler. $29/Hr 

Respon. Hours 

Labor Cost1

Capital/ Startup Cost 

O & M Cost 

Total Cost per Respondent 

Number of Responden

PETITION PROCESS (one-time burden and cost)Affected Facilities 8 8 125 16 157 $10,0582 $0.0 $0.0 $10,058 168 

1 Hourly Wages: Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010 (average 

Table 3 Full-time civilian workers: Mean and median hourly, weekly, and annual earnings and mean weekly and an

http://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, December 8, 2010. 

Benefits Percentage: U.S. Department of Labor, "Employer Costs for Employee Compensation—September 2010," USDL-10-1687, D

from percent of total compensation breakout for "civilian workers" as presented in Table 2.

Overhead Percentage: U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial Recycling 

Definition Of Solid Waste, September 25, 2008. Exhibit B-1. 

2 Petition Process Costs: Derived from U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2310.01

Definition of Solid Waste (Final Rule), October 28, 2008. 

3 Uncertainty Regarding Number of Respondents for the Petition Process: As described in previous sections of this document, EPA assum

affected by the CISWI rule and the Major Source Boilers Rule will submit petitions to EPA for a non-waste determination if they burn materwaste under the Final Rule and if the material is burned outside the control of the generator. Based on these conditions, the Agency estimsubmit petitions. In reality, the number of petitions that will be submitted is uncertain and dependent on several factors that EPA is unable to 

characteristics of individual facilities). 
14 

Exhibit 3 

Estimated Average Burden per Respondent (hours)

Regulated Entities E

Burden for one-time activities1 1 to 150 0 to 

Petition Process (one-time burden) 149 1Rule Familiarization (one-time burden) 1 

Notes: Burden for one-time activities presented as a range for regulated entities and EPA because the burden will depend on whether a regulated enwaste determination.