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SUPPORTING STATEMENT FOR 

INFORMATION COLLECTION REQUEST NUMBER 1688.08

“RCRA EXPANDED PUBLIC PARTICIPATION”

May 2015
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TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION........................................4

1(a) Title of the Information Collection..........................................................................4

1(b) Short Characterization .............................................................................................4

2. NEED FOR AND USE OF THE COLLECTION...............................................................5

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

2(b) Practical Utility/Users of the Data ...........................................................................5

3. NONDUPLICATION, CONSULTATIONS, AND OTHER 

COLLECTION CRITERIA.................................................................................................6

3(a) Nonduplication.........................................................................................................6

3(b) Public Notice............................................................................................................6

3(c) Consultations............................................................................................................6

3(d) Effects of Less Frequent Collection.........................................................................6

3(e) General Guidelines...................................................................................................6

3(f) Confidentiality .........................................................................................................7

3(g) Sensitive Questions..................................................................................................7

4. THE RESPONDENTS AND THE INFORMATION REQUESTED.................................7

4(a) Respondents/NAICS Codes.....................................................................................7

4(b) Information Requested.............................................................................................8

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, 

COLLECTION METHODOLOGY, AND INFORMATION 

MANAGEMENT...............................................................................................................11

5(a) Agency Activities...................................................................................................11

5(b) Collection Methodology and Management............................................................12

5(c) Small Entity Flexibility..........................................................................................12

5(d) Collection Schedule ...............................................................................................12
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6. ESTIMATING THE HOUR AND COST BURDEN OF THE 

COLLECTION ..................................................................................................................13

6(a) Estimating Respondent Hours................................................................................13

6(b) Estimating Respondent Costs ................................................................................13

Labor Costs............................................................................................................13

Capital/Start-Up Costs...........................................................................................13

6(c) Estimating Agency Hour and Cost Burden............................................................15

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

Burden....................................................................................................................17

6(e) Bottom Line Hour and Cost Burden ......................................................................18

6(f) Reasons for Change in Burden ..............................................................................22

6(g) Burden Statement...................................................................................................18
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SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title of the Information Collection

RCRA Expanded Public Participation (Renewal), EPA ICR number 1688.08, OMB control 

number 2050-0149.

1(b) Short Characterization

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

Hazardous and Solid Waste Amendments (HSWA) of 1984, requires EPA to establish a national 

regulatory program to ensure that hazardous wastes are managed in a manner protective of 

human health and the environment. EPA has a statutory obligation, under Section 7004(b) of 

RCRA, to provide for, encourage, and assist public participation in the development, revision, 

implementation, and enforcement of any regulation, guideline, information, or program under the 

Act. The regulations implementing these requirements are codified at 40 CFR 124 and 40 CFR

270.

EPA promulgated requirements for providing additional opportunities for the public to be 

involved in the RCRA permitting process at 40 CFR 124.31 through 124.33 and at 40 CFR

270.62 and 270.66. The 40 CFR 124 requirements apply to all types of hazardous waste 

treatment, storage, and disposal facilities, unless exempted under a specific section; the 40 

CFR270 requirements apply only to hazardous waste combustors planning trial burns. 

Under 40 CFR 124.31(a) and (b), facilities applying for an initial Part B permit or a Part 

B permit renewal, where the renewal application is proposing a change that would qualify as a 

Class 3 permit modification under 40 CFR 270.42, are required to hold at least one meeting with 

the public prior to submitting the Part B permit application to the permitting agency. The 

applicant must submit a summary of the meeting, along with the list of attendees and their 

addresses, and copies of any written comments or materials submitted at the meeting, to the 

permitting agency as part of the Part B application (§124.31(c)). 

Under 40 CFR 124.31(d), applicants must provide public notice (i.e., newspaper 

advertisement, visible and accessible sign, and broadcast media announcement) of the preapplication meeting at least 30 days prior to the meeting. The applicant also must provide a copy

of the notice to the permitting agency and to the appropriate units of State and local government.

The required activities and information are needed to help assure timely and effective 

public participation in the permitting process. The requirements are intended to provide equal 

access to information to all stakeholders in the permitting process: the permitting agency, the 

permit applicant, and the community where a facility is located. EPA believes that these 

regulations encourage people to become involved in the permitting process and increase 

understanding of hazardous waste facilities.
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2. NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

Section 7004(b) of RCRA gives EPA broad authority to provide for, encourage, and 

assist public participation in the development, revision, implementation, and enforcement of any 

regulation, guideline, information, or program under RCRA. In addition, the statute specifies 

certain public notices (i.e., radio, newspaper, and a letter to relevant agencies) that EPA must 

provide before issuing any RCRA permit. The statute also establishes a process by which the 

public can dispute a permit and request a public hearing to discuss it. EPA carries out much of its 

RCRA public involvement at 40 CFR Parts 124 and 270.

In 1995, EPA expanded the public participation requirements under the RCRA program 

by promulgating the RCRA Expanded Public Participation Rule (60 FR 63417; December 11, 

1995). The rule responded to calls by the Administration and stakeholders (e.g., States and 

private citizens) to provide earlier and better public participation in EPA’s permitting programs, 

including procedures for more timely information sharing. In particular, the rule required earlier 

public involvement in the permitting process (e.g., pre-application meetings), expanded public 

notice for significant events (e.g., notices of upcoming trial burns), and more opportunities for 

the exchange of permitting information (e.g., information repository).

In May of 2003, EPA finalized the Public Involvement Policy. The policy updates an 

earlier policy issued in 1981. Among other things, the policy calls for a strengthened 

commitment to meaningful public involvement, greater attention to the specific concerns and 

interests of affected people and entities, and use of a wider variety of public involvement 

techniques. In this regard, the RCRA Expanded Public Participation Rule can serve as an 

example to the EPA programs of how to achieve many of the goals of the policy.

2(b) Practical Utility/Users of the Data

The required activities and information are needed to help assure timely and effective 

public participation in the permitting process. The requirements are intended to provide equal 

access to information to all stakeholders in the permitting process: the permitting agency, the 

permit applicant, and the community where a facility is located. Some facilities may be required 

to develop information repositories to allow for expanded public participation and access to 

detailed facility information as part of the permitting process.
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3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Nonduplication

The information collections covered in this ICR are not available from sources other than 

the respondents. EPA’s Office of Solid Waste is the only office within the Agency collecting this 

information, and no other Federal agency or department collects this information. 

3(b) Public Notice

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

the Federal Register on March 13, 2015. EPA announced in the Federal Register (80 FR 13375) 

that it intended to this ICR. The comment period ended on May 12, 2015. No comments were 

received. 

3(c) Consultations

EPA consulted with two facilities that have recently submitted Part B permit applications 

and thus were subject to these information submission requirements. EPA specifically inquired 

about the requirements regarding the pre-application public meeting. Ed Krise of Safety-Kleen 

Systems, Inc., in Nashville Tennessee (615-230-6882) said the estimate of 89.1 hours was a little 

high. Richie Haddock of Precious Metals Recovery LLC, Crescent Valley, Nevada (801-990-

3373), however, felt the estimate was too low, and suggested 150 hours. Based on these 

consultations, plus the consultations conducted for the previous ICR, which indicated the 89.1 

hour estimate was accurate, the Agency has raised the estimate from 89.1 hours to 90 hours.

3(d) Effects of Less Frequent Collection

EPA sought to reduce the reporting frequency to the minimum that is necessary to ensure 

compliance with the rule. It would not be possible to collect this information less frequently and 

still assure that the requirements of permit and public involvement regulations are met by owners 

or operators. The reporting frequency is essential to assure that any changes in the trial burn 

plans or in the anticipated permit application contents are made known to EPA and to the public.

3(e) General Guidelines

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

OMB’s implementing regulations, EPA’s Information Collection Review Handbook, and other 

applicable OMB guidance.
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3(f) Confidentiality

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

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

Agency receives any confidential information, it will manage that information according to the 

protocols established by the Agency, as appropriate.

3(g) Sensitive Questions

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

requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/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 expanded public 

participation requirements analyzed under this ICR:

22132 Sewage Treatment Facilities

32411 Petroleum Refineries

32511 Petrochemical Manufacturing

32512 Industrial Gas Manufacturing

32551 Paint and Coating Manufacturing

33271 Machine Shops

33422 Radio and Television Broadcasting and Wireless Communications Equipment 

Manufacturing

33633 Motor Vehicle Steering and Suspension Components (except Spring) 

Manufacturing

33634 Motor Vehicle Brake System Manufacturing

33635 Motor Vehicle Transmission and Power Train Parts Manufacturing

42271 Petroleum Bulk Stations and Terminals

44111 New Car Dealers

44711 Gasoline Stations with Convenience Store

44719 Other Gasoline Stations

48411 General Freight Trucking, Local

48421 Used Household and Office Goods Moving

48422 Specialized Freight (except Used Goods) Trucking, Local

56292 Materials Recovery Facilities

221111 Hydroelectric Power Generation

221112 Fossil Fuel Electric Power Generation

221113 Nuclear Electric Power Generation

221119 Other Electric Power Generation
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221121 Electric Bulk Power Transmission and Control

221122 Electric Power Distribution

311942 Spice and Extract Manufacturing

323110 Commercial Lithographic Printing

323114 Quick Printing

325131 Inorganic Dye and Pigment Manufacturing

325188 All Other Basic Inorganic Chemical Manufacturing

325193 Ethyl Alcohol Manufacturing

325199 All Other Basic Organic Chemical Manufacturing

325211 Plastics Material and Resin Manufacturing

325998 All Other Miscellaneous Chemical Product Manufacturing

331311 Alumina Refining

332813 Electroplating, Plating, Polishing, Anodizing, and Coloring

332999 Other Miscellaneous Fabricated Metal Product Manufacturing

333319 Other Commercial and Service Industry Machinery Manufacturing

333999 All Other General Purpose Machinery Manufacturing

334418 Printed Circuit/Electronics Assembly Manufacturing

334419 Other Electronic Component Manufacturing

336211 Motor Vehicle Body Manufacturing

336312 Gasoline Engine and Engine Parts Manufacturing

336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing

336399 All Other Motor Vehicle Part Manufacturing

454311 Heating Oil Dealers

454312 Liquefied Petroleum Gas (Bottled Gas) Dealers

562111 Solid Waste Collection

562112 Hazardous Waste Collection

562119 Other Waste Collection

562211 Hazardous Waste Treatment and Disposal

562212 Solid Waste Landfills

562213 Solid Waste Combustors and Incinerators

562219 Other Nonhazardous Waste Treatment and Disposal

811111 General Automotive Repair

4(b) Information Requested

Pre-application Public Meeting and Notice 

Under 40 CFR 124.31(a) and (b), facilities applying for an initial Part B permit or a Part 

B permit renewal, where the renewal application is proposing a change that would qualify as a 

Class 3 permit modification under 40 CFR 270.42, are required to hold at least one meeting with 

the public prior to submitting the Part B permit application to the permitting agency. The 

applicant must submit a summary of the meeting, along with the list of attendees and their 

addresses, and copies of any written comments or materials submitted at the meeting, to the 

permitting agency as part of the Part B application (§124.31(c)). Under 40 CFR 124.31(d), 
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applicants must provide public notice (i.e., newspaper advertisement, visible and accessible sign, 

and broadcast media announcement) of the pre-application meeting at least 30 days prior to the 

meeting. The applicant also must provide a copy of the notice to the permitting agency and to the 

appropriate units of State and local government. (Note: In regard to 40 CFR 124.31(c), this ICR 

addresses the respondent activities associated with collecting the required information. 

Submittal of this information to the permitting agency is addressed in Supporting Statement for 

EPA Information Collection Request Number 1573, “Part B Permit Application, Permit 

Modifications, and Special Permits.”

(i) Data Items:

· A public notice that includes:

-- The date, time, and location of the meeting;

-- A brief description of the purpose of the meeting;

-- A brief description of the facility and proposed operations, including the 

address or a map (e.g., a sketched or copied street map) of the facility

location;

-- A statement encouraging people to contact the facility at least 72 hours before 

the meeting if they need special access to participate in the meeting; and

-- The name, address, and telephone number of a contact person for the 

applicant.

· Information to be submitted to the permitting agency as part of the Part B permit 

application:

-- Copy of newspaper notice announcing the pre-application meeting;

-- A summary of a pre-application meeting with the public;

-- A list of attendees and their addresses; and

-- Copies of any written comments or materials distributed at the meeting.

(ii) Respondent Activities:

To comply with the requirements in Section 124.31, applicants must perform the 

following activities:

· Read the regulations;
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· Prepare notice of pre-application meeting;

· Prepare a multilingual notice of pre-application meeting, if appropriate;

· Provide for publication/posting/broadcasting of notice;

· Provide copy of pre-application meeting notice to the permitting agency and 

appropriate units of State and local government;

· Retain documentation of the notice;

· Prepare for and conduct the meeting;

· Prepare a meeting summary; and

· Copy the list of attendees with their addresses.

Information Repository

Under 40 CFR 124.33, the Agency Director has the authority to require certain 

applicants/facilities to establish and maintain an information repository. Applicants/facilities 

instructed by the Agency Director to establish an information repository must, at a minimum, 

provide a written notice about the information repository to all individuals on the facility mailing 

list. The Agency Director will determine the information to be placed in the information 

repository.

(i) Data Items:

· Written notice about the information repository; and

· Information in the repository, e.g.:

-- A summary of the pre-application public meeting;

-- A copy of the Part B permit application; and

-- Any other information the Agency Director determines to be relevant to 

public understanding of permitting activities at the facility.

(ii) Respondent Activities: 

To comply with the requirements in section 124.33, applicants must conduct the 

following activities:
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· Read the regulations;

· Arrange with a local building for space to establish the information repository;

· Provide notice of the repository to individuals on the facility mailing list;

· Provide a multilingual notice of the repository to individuals on the facility

mailing list, if appropriate;

· Establish the information repository; and

· Maintain the information repository. 

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Notice at Application Submittal

40 CFR 124.32 requires the Agency to provide public notice, as set forth in sections 

124.10(c)(1)(ix) and (x), at the application submittal stage.

Information Repository

40 CFR 124.33 provides discretionary authority for the Agency to require, on a case-bycase basis, the owner or operator of a facility to set up an information repository, and to provide 

a notice to the facility mailing list about the repository. Section 124.33(d) requires the Agency

Director to specify the contents of the repository and establish requirements for informing the 

public about the establishment of the repository (at a minimum, the Agency Director will require 

the facility to provide written notice to the facility mailing list). 

Trial Burn Notice

40 CFR 270.62(b)(6), 40 CFR 270.62(d), 40 CFR 270.66(d)(3), and 40 CFR 270.66(g) 

require the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), of 

an impending trial burn at a permitted hazardous waste combustion facility, or at a hazardous 

waste combustion facility operating under interim status.
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5(b) Collection Methodology and Management

In collecting and analyzing the information required by the expanded public participation 

activities, EPA uses equipment such as personal computers and applicable data base software, 

when appropriate. The public will receive information through newspaper announcements and 

other media, and, in some cases, will have access to additional data through an information 

repository as specified by the Agency under 40 CFR 124.33.

5(c) Small Entity Flexibility

In developing the regulations for expanding public involvement in the RCRA permitting 

process, EPA was sensitive to the needs and concerns of small businesses. Therefore, the 

regulations describe the minimum efforts necessary to fulfill the public involvement 

requirements. EPA avoided including narrow, prescriptive requirements in the final RCRA 

Expanded Public Participation Rule, in order to provide as much flexibility as possible—for the 

facility, the community, and the Agency—in implementing the requirements. Furthermore, EPA 

conducted a small entity impact screening analysis for the proposed rule and determined that 

there were no small entities significantly impacted (see 59 FR 28680; June 2, 1994). Because 

there were no substantive changes to the public participation requirements since the proposal, 

EPA determined that the requirements do not significantly impact small entities.

EPA’s intent in developing the requirements was to provide flexibility for a facility, in 

cooperation with local agencies or community groups, to determine the most effective 

communication mechanisms for a particular situation. EPA recognizes that, in some situations, 

an information repository could become resource-intensive for a facility or for the local 

community. EPA addressed this concern by providing discretion to the Director to determine 

whether to require a repository, rather than requiring it for all facilities.

5(d) Collection Schedule

Many of the requirements do not have specific schedules governing the submittal of the 

information. Requirements that have specific time frames associated with them are described 

below.

Pre-application Public Meeting and Notice

40 CFR 124.31(d) requires the applicant to provide public notice of the pre-application 

meeting at least 30 days before the meeting is scheduled.

Notice at Application Submittal

40 CFR 124.32(b)(2) requires the Agency Director to publish the notice “within a 

reasonable period of time after the application is received.”
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Trial Burn Notice

40 CFR 270.62(b)(6)(i), 270.62(d), 270.66(d)(3)(i), and 270.66(g) require the Agency

Director to provide notice to the mailing list and to appropriate units of State and local 

government “within a reasonable time period before the scheduled trial burn.”

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a) Estimating Respondent Hours

EPA estimates respondent burden hours for the information collection requirements 

associated with the pre-application meeting and the information repository requirements in 

Exhibit 1. The burden estimates for each activity presented in Exhibit 1 include the burden hours 

(total and by labor type) per facility, as well as the overall burden hours associated with the given 

activities.

6(b) Estimating Respondent Costs

Labor Costs

EPA estimates an average hourly respondent labor cost of $128.72 for legal staff, $93.22

for managerial staff, $71.02 for technical staff, and $39.95 for clerical staff. These respondent 

labor costs were obtained from the previously approved ICR (i.e., EPA ICR Number 1688.07), 

and updated to 2015 levels using Employment Cost Indexes developed by the U.S. Bureau of 

Labor Statistics.

Capital/Start-Up Costs

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

information, such as machinery, computers, and other equipment. For this ICR, capital costs 

include the purchase of file cabinets for an information repository.

In complying with the requirements covered in this ICR, facilities may be required to 

maintain an information repository. The information repository will require file cabinet space to 

retain the information required. EPA took the following steps to estimate the cost of the file 

cabinets:

• Estimate the number of file cabinets per facility required for the information 

repository. Given that the standard-size, five-drawer, lateral file cabinet is expected to hold 

approximately 16,000 pages of material, EPA estimates that each facility would need to purchase 

only one file cabinet to retain copies of the applications and other required documentation within 

the time period of this ICR. The approximate cost of purchasing a file cabinet is estimated at 

$830.
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• Calculate the annualized cost. EPA used the following formula to calculate the 

annual cost to facilities for acquiring the file cabinets:

Annualized Net Present Value = $830 x [1/(∑1/(1+k)t)]

where k = discount rate of 7 percent; and

t = life of permit (10 years).1

EPA estimates that each facility will pay an annual cost of $118 for its file cabinet. This 

capital cost is shown in Exhibit 3.

Operation and Maintenance Costs

Operation and maintenance (O&M) costs are those costs associated with a paperwork 

requirement incurred continually over the life of the ICR. They are defined by the Paperwork 

Reduction Act of 1995 as “the recurring dollar amount of costs associated with O&M or 

purchasing services.” For this ICR, O&M costs include:

(ii) Newspaper advertisement: EPA estimates that a permit applicant will incur a cost 

of $28 for one inch of column space in a newspaper of general circulation in the 

county or equivalent jurisdiction that hosts the proposed location of the facility. 

(iii) Broadcast media announcement: EPA assumes that the radio broadcast will be a 

public service. Therefore, the applicant will incur no costs for the radio 

announcement.

(iv) Meeting materials: EPA estimates that a permit applicant will incur a cost of $30 

for 100 copies of a three-piece handout (i.e., 300 pages @ $0.10/page).

(v) Space rental: EPA assumes that a permit applicant will conduct the preapplication public meeting in a community center. Thus, the applicant will incur 

no space rental costs.

 

 

1

 Based on an OMB-approved discount rate of seven percent (OMB Circular A-94) and an estimated 

life of 10 years for a permit.
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(vi) Mailing costs: EPA estimates that a permit applicant will incur a cost of $3.48 to 

mail the pre-application notice to the permitting agency and the appropriate units 

of State and local government (i.e., 6 government agencies @ $0.58/agency 

($0.49 for stamp and $0.09 for envelope)). EPA also estimates a cost of $145 for 

mailing a written notice about the information repository to all individuals on the 

facility mailing list (i.e., 250 individuals on the facility mailing list @ 

$0.58/individual).

These O&M costs are shown in Exhibit 1. The total estimated O&M costs are $5,681.00.

6(c) Estimating Agency Hour and Cost Burden

EPA estimates the Agency hour and cost burden associated with all of the requirements 

covered in this ICR in Exhibit 2.

Describing Agency Activities

Notice at Application Submittal. To estimate the number of facilities for which the 

Agency will have to provide public notice at application submittal in each year covered by the 

ICR, EPA referred to RCRAInfo.2, 3 Based on RCRAInfo data, EPA estimated the average 

annual number of Part B permit applications to be received over a three year period for initial 

permits and permit renewals.4 By adding these two estimates, EPA ascertained the number of 

application submittals for which the Agency will have to provide public notice during the threeyear period covered in the ICR. Based on RCRAInfo data, EPA estimates that 4 initial Part B 

permit applications, on average, will be received annually over a three year period and 55 

permits, on average, will be renewed annually over a three year period. 

Based on the above assumptions, EPA estimates that the Agency will have to provide 

public notice at application submittal for 59 facilities per year (i.e., 4 + 55 = 59). 

Information Repository. The Agency Director may require facilities to establish 

information repositories at any point during the permit application process, or during the life of 

the permit. EPA anticipates that information repositories will be required in a limited number of 

situations. Unlike the pre-application meeting requirements, facilities submitting post-closure 

 

 

2

 RCRAInfo is EPA’s comprehensive information system on hazardous waste generation and 

management facilities. RCRAInfo characterizes facility status, regulated activities, and compliance 

histories and captures detailed data on the generation and management of hazardous waste.

 

3

 EPA referred to the PEVENT table of the Permit, Closure and Post-Closure Module in RCRAInfo to

ascertain the permit data.

 

4

 In ascertaining the number of new permit applications, EPA identified records with a permit event 

code of “OP020” (i.e., Part B Received). In ascertaining the number of permit renewals, EPA identified 

records with a permit event code of “OP270” (i.e., Permit Expires).
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permit applications or modification requests (e.g., a Class 3 modification to add a combustion 

unit or to begin burning dioxin) could also potentially be required to establish a repository. 

EPA is assuming that 15 percent of the estimated 59 annual respondents subject to the 

pre-application meeting requirements (i.e., 0.15 x 59 = 9 facilities) will be required to set up a 

repository (see Section 6(d) for a description of the respondent universe estimate for the preapplication requirements). 

Trial Burn Notice. In estimating the number of facilities for which the Agency will have 

to provide public notice of an upcoming trial burn, EPA again referred to RCRAInfo.5 

RCRAInfo indicates that only one trial burn plan was approved over a three year period.

6

 For 

purposes of this ICR, EPA assumes that the same number will be approved annually over a three 

year period. 

Estimating Agency Hour and Cost Burden 

EPA estimates Agency burden hours for the information collection requirements 

associated with the application submittal notice, the information repository, and the trial burn 

notice requirements in Exhibit 2. The burden estimates for each activity presented in Exhibit 2 

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

hours associated with the given activities.

EPA estimates an average hourly labor cost (labor plus overhead) of $77.92 for legal 

staff, $72.86 for managerial staff, $53.42 for technical staff, and $21.46 for clerical staff. To 

derive these estimates, EPA used the General Schedule (GS) Salary Table 2015. For purposes of 

this ICR, EPA assigned staff the following government service levels:

Legal Staff GS-15, Step 1

Managerial Staff GS-14, Step 4

Technical Staff GS-12, Step 5

Clerical Staff GS-5, Step 1

To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which 

is the number of hours in the Federal work-year. EPA then multiplied hourly rates by the 

standard government overhead factor of 1.6.

 

 

5

 EPA referred to the PEVENT table of the Permit, Closure and Post-Closure Module in RCRAInfo to 

ascertain the permit data.

 

6

 In ascertaining the number of trial burns, EPA identified records with the following permit event 

codes: “MO070” (i.e., Operating Permit Modification, Trial Burn Plan Approved); “OP070” (i.e., 

Operating Permit, Trial Burn Plan Approved); and “RD070” (i.e., Research and Development, Trial Burn 

Plan Approved).
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Capital/Start-Up Costs. The Agency is not expected to incur capital costs in conducting 

the activities covered in this ICR. 

Operation and Maintenance Costs. For this ICR, O&M costs to the Agency include the 

costs associated with a public notice announcing that a Part B permit application has been 

received or that a trial burn will take place. For the announcement of receipt of a RCRA permit 

application, EPA estimates the total cost of each public notice to be $150.50. This cost includes 

the cost of a newspaper announcement and mailing costs for providing a written notice to all 

individuals on the facility mailing list. EPA assumes that the radio announcement will be a 

public service. Thus, the Agency will incur no cost for a radio announcement. For the 

announcement of a trial burn, EPA estimates the total O&M cost of each notice to be $122.50. 

These O&M costs are shown in Exhibit 2. The total O&M cost is $5,681.00.

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

Pre-application Public Meeting and Notice

The pre-application meeting requirements apply to all facilities applying for an initial 

RCRA permit, and to already permitted facilities proposing a significant change in facility 

operations (i.e., changes equivalent to a Class 3 modification) at renewal. These requirements do 

not apply to other renewal applications (i.e., those that do not include significant changes), postclosure applications, or routine permit modification requests.

To estimate the number of initial RCRA permits, EPA referred to RCRAInfo. Based on 

RCRAInfo data, EPA estimates that 4 initial Part B permit applications, on average, will be 

received annually over a three year period.

To estimate the number of permit renewals involving a significant change in facility

operations, EPA again relied on RCRAInfo. RCRAInfo indicates that 55 RCRA permits, on 

average, will be renewed annually over a three year period. EPA assumes that only ten percent 

(i.e., 55 x 0.10 = 5 permits) will involve significant changes to facility operations and thus be 

subject to the pre-application meeting requirements. 

Based on the above assumptions, EPA estimates that 9 facilities (i.e., 4 + 5 = 9), on 

average, will be subject to the pre-application requirements each year. 

Information Repository

EPA estimates that, each year, seven facilities will incur the costs associated with the 

information repository. (See Section 6(c) for a description of the universe estimate for the 

information repository requirements.)
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6(e) Bottom Line Hour and Cost Burden

Respondent Tally

Exhibit 3 shows the aggregate annual hour and cost burden to respondents. As shown in 

the exhibit, EPA estimates the annual respondent burden to be 5,614 hours.

Agency Tally

Exhibit 4 shows the aggregate annual hour and cost burden to the Agency. As shown in 

the exhibit, EPA estimates the annual Agency burden to be 472 hours, at a cost of $29,379.

6(f) Reasons for Change in Burden

There is increase of 2,609 hours in the total estimated respondent burden compared with 

the ICR currently approved by OMB. This increase is due to the adjustment in the respondent 

universe from 33 to 59. 

6(g) Burden Statement

The annual public reporting burden for this collection of information is estimated to 

average 90 hours per response. The estimated recordkeeping burden for this collection of 

information is estimated to average 5 hours per response. The overall annual public reporting and 

recordkeeping burden for this collection of information is estimated to average 95 hours per 

response. 

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 EPA '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-2015-0108, 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), WJC West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The 
19

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-2015-0108 and OMB Control Number 2050-0149 in any 

correspondence.
20

Exhibit 1

R equirements R egarding Expanded P ublic P articipatio n

Estimated A nnual R espo ndent H o ur and C o st B urden

Legal M anagerial Technical Clerical

INFORM ATION COLLECTION ACTIVITY $126.20/hr $91.39/hr $69.63/hr $39.17/hr

Read the regulations 0.00 0.10 0.50 0.00 0.50 $45.00 $0.00 $0.00 59 30 $2,655

Prepare notice of pre-application meeting 0.00 0.25 1.00 0.25 1.50 $104.00 $0.00 $0.00 59 89 $6,136

Prepare multilingual notice of pre-application meeting 0.00 0.00 3.50 1.00 4.50 $289.00 $0.00 $0.00 59 266 $17,051

Provide for publication/posting/broadcasting of the notice 0.00 0.00 1.00 0.50 1.50 $91.00 $0.00 $28.00 59 89 $7,021

Provide copy of pre-application meeting notice to the permitting 

agency and appropriate units of State and local government 0.00 0.25 1.00 0.25 2.00 $104.00 $0.00 $2.22 59 118 $6,267

Retain documentation of the notice 0.00 0.00 0.00 0.50 1.00 $20.00 $0.00 $0.00 59 59 $1,180

Prepare for and conduct the meeting 0.00 0.00 64.50 5.50 70.00 $4,801.00 $0.00 $30.00 59 4,130 $285,029

Prepare meeting summary 0.00 0.00 1.00 7.00 8.00 $351.00 $0.00 $0.00 59 472 $20,709

Copy list of attendees with their addresses 0.00 0.00 0.00 1.00 1.00 $40.00 $0.00 $0.00 59 59 $2,360

Subtotal 0.00 0.60 72.50 16.00 90.00 $5,845.00 $0.00 $60.22 59 5,312 $348,408

Read the regulations 0.00 0.10 0.50 0.00 0.60 $45.00 $0.00 $0.00 9 5 $398

Arrange with a local building for space to establish the information

repository 0.00 0.00 10.00 0.00 10.00 $710.00 $0.00 $0.00 9 89 $6,284

Provide notice of repository to individuals on facility mailing list 0.00 0.00 1.00 1.50 2.50 $131.00 $0.00 $61.25 9 22 $1,701

Provide multilingual notice of repository to individuals on facility 

mailing list 0.00 0.00 3.50 1.00 4.50 $289.00 $0.00 $61.25 9 40 $3,100

Establish the information repository 0.00 0.00 0.10 4.40 4.50 $183.00 $118.00 $0.00 9 40 $2,664

M aintain the information repository 0.00 0.00 10.00 2.00 12.00 $790.00 $0.00 $0.00 9 106 $6,992

Subtotal 0.00 0.10 25.10 8.90 34.10 $2,148.00 $118.00 $122.50 9 302 $21,139

T OTAL 0.00 varies varies varies varies varies varies varies varies 5,614 $ 369,547

Total 

Cost/Year

Respondent

Hours Labor Cost

Capital/

Startup Costs

O&M 

Costs

Info rmatio n R epo sito ry (124.33)

Hours and Costs per Respondent Total Hours and Costs

P re-A pplicatio n P ublic M eeting and N o tice (124.31)

Number of

Respondents/ 

Activity

Total Hours/

Year
21

Exhibit 2

R equirements R egarding Expanded P ublic P articipatio n

Estimated A nnual A gency Hour and C o st B urden

Legal M anagerial Technical Clerical

INFORM ATION COLLECTION ACTIVITY $76.38/hr $71.42/hr $52.37/hr $21.02/hr

Provide public notice at application submittal 0.00 0.00 1.50 1.50 3.00 $112.00 $0.00 $89.25 59 177 $11,874

Provide multilingual notice 0.00 0.00 3.50 1.00 4.50 $208.00 $0.00 $61.25 59 266 $15,886

Subto tal 0.00 0.00 5.00 2.50 7.50 $320.00 $0.00 $150.50 59 443 $27,760

Specify contents of repository 0.00 0.50 1.00 0.15 1.65 $93.00 $0.00 $0.00 9 15 $823

Establish requirements for informing the public 0.00 0.50 0.00 0.15 0.65 $40.00 $0.00 $0.00 9 6 $354

Subto tal 0.00 1.00 1.00 0.30 2.30 $133.00 $0.00 $0.00 9 21 $1,177

Info rmatio n R epo sito ry (124.33(b) and (d))

T rial B urn N o tice (270.62(b)(6) and (d); 270.66(d)(3) and (g))

Respondent

Hours Labor Cost

Capital Startup 

Costs

O&M 

Costs

Number of

Respondents/ 

Activity

Total Hours/ 

Year

Total 

Cost/Year

Hours and Costs Per Respondent Total Hours and Costs

Notice at A pplicatio n Submittal (124.32)
22

Exhibit 3

Total A nnual R espo ndent H o ur and C o st B urden

INFORM ATION COLLECTION ACTIVITY

Total 

Hours

Total Labor 

Costs

Total Capital 

Cost

Total O&M

Costs Total Costs

Pre-Application Public M eeting and Notice 5,312 $344,855 $0 $3,553 $348,408

Information Repository 302 $19,011 $1,044 $1,084 $21,139

T OTAL 5,614 $ 363,866 $ 1,044 $ 4,637 $ 369,547

Exhibit 4

Total A nnual A gency Hour and C ost B urden

INFORM ATION COLLECTION ACTIVITY

Total 

Hours

Total Labor 

Costs

Total Capital 

Cost

Total O&M

Costs Total Costs

Notice at Application Submittal 443 $18,880 $0 $8,880 $27,760

Information Repository 21 $1,177 $0 $0 $1,177

Trial Burn Notice 8 $320 $0 $122 $442

T OTAL 472 $ 20,377 $ 0 $ 9,002 $ 29,379