### INFORMATION COLLECTION REQUEST SUPPORTING STATEMENT FOR REVISIONS TO THE RCRA DEFINITION OF SOLID WASTE

(PROPOSED RULE) OMB Control No. 2050 - 0202 , EPA ICR No. 2310.02

June 30, 2011

Office of Resource Conservation and Recovery United States Environmental Protection Agency

Washington, D.C. 20460i 

### TABLE OF CONTENTS 1. IDENTIFICAT ION 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 ................................ ................................ ........................... 5 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ................... 7 3(a) Nonduplication ................................ ................................ ................................ ............................... 7 3(b) Public Notice ................................ ................................ ................................ ................................ .. 7 3(c) Consultations ................................ ................................ ................................ ................................ .. 7 3(d) Effects of Less Frequent Collection ................................ ................................ ............................... 8 3(e) General Guidelines ................................ ................................ ................................ ......................... 8 3(f) Confidentiality ................................ ................................ ................................ ................................ 8 3(g) Sensitive Questions ................................ ................................ ................................ ........................ 8 4. THE RESPONDENTS AND THE INFORMAT ION REQUESTED ................................ .................... 9 4(a) Respondents and NAICS Codes ................................ ................................ ................................ ..... 9 4(b) Information Requested ................................ ................................ ................................ ................. 10 5. THE INFORMATION COLLECTED: AGENCY ACT IV IT IES, COLLECT ION METHODOLOGY, AND INFORMATION MANAGEMENT ................................ ................................ ........................... 21 5(a) Agency Activities ................................ ................................ ................................ ......................... 21 5(b) Collection Methodology and Management ................................ ................................ .................. 24 5(c) Small Entity Flexibility ................................ ................................ ................................ ................ 25 5(d) Collection Schedule ................................ ................................ ................................ ...................... 25 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION ................................ . 25 6(a) Estimating Respondent Burden Hours ................................ ................................ ......................... 25 6(b ) Estimating Respondent Costs ................................ ................................ ................................ ....... 25 6(c) Estimating Agency Hour and Cost Burden ................................ ................................ .................. 27 6(d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden .......................... 28 6(e) Bottom Line Hour and Cost Burden ................................ ................................ ............................. 43 6(f) Reasons for Change in Burden ................................ ................................ ................................ ..... 44 6(g) Public Burden Statement ................................ ................................ ................................ .............. 451

1. IDENTIFICA

TION OF THE INFORMA TION COLLECTION 1(a) Tit

le and Number of the Information Collection This Information Collection Request (ICR) is entitled “ Revisions to the RCRA Definition of Solid Waste (Proposed Rule), ” OMB Control No. 2050 - 0202, EPA ICR Number 2310.02 . This I CR covers the three - year period 20 15 - 2017. 1(b) Short Characterization In 2008, the U.S. Environmental Protection Agency (EPA) published final revisions to the “ definition of solid waste ” (DSW) that exclude certain industrial hazardous secondary materials from regulation as “ solid waste ” and “ hazardous waste ” under Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended. Specifically , EPA amended 40 CFR Part 261 to provide that hazardous secondary materials reclaimed under the control of the generator are not solid waste s if specified conditions are met. EPA also amended Part 261 to provide that hazardous secondary materials that are generated and then transferred to another person for the purpose of reclamation are not solid waste, provided that specified conditions are met. In addition, EPA established conditions for the export of excluded materials, as specified. Finally , EPA finalized other amendments to address particular issues, including standards in Part 260 to enable a person to apply to EPA for a formal determination that a material is not discarded and therefore not a solid waste and to codify the RCRA concept of “ legitimate recycling ” for all recycling EPA is now proposing to revise the regulatory exclusions for certain types of industrial recycling from the “ de finition of solid waste ” (DSW) under RCRA Subtitle C. The DSW recycling exclusions involve industrial hazardous secondary materials intended for recycling (i.e., reclamation, recovery , regeneration, or reuse) rather than discard (i.e., disposal). Some prop osed revisions potentially affect EPA ’ s October 2008 DSW recycling exclusions (73 FR 64688, October 30, 2008), while other proposed revisions potentially affect pre - 2008 DSW recycling exclusions that date between 1985 and 1998. These exclusions were intended to encourage the recovery

and reuse of valuable resources as an alternative to land disposal or incineration, while at the same time maintaining protection of human health and the environment. The new 2011 revisions propose seven options:  Options 1 & 2: Withdraw the 2008 DSW exclusion for offsite transfer recycling and implement an alternative regulation including specific waste generator requirements;  Option 3: Revise the 2008 DSW exclusions for generator controlled recycling;  Option 4 : Revise the defi nition of “ Legitimate ” recycling;  Option 5: Revise the non - waste determination petition process and modify the 1985 40 CFR 260.31(c) DSW variance for partiall y rec ycl ed materials;  Option 6: Add a new “ re - manufacturing ” DSW exclusion;  Option 7: Revise the pre - 2008 DSW recycling exclusions and exemptions;2

2. NEED FOR A ND USE OF THE COLLECTION 2(a) Need and Authority for the Collection The regulations are under the authority of sections 2002, 3001, 3002, 3003, 3004, 3007, 3010, and 3017 of the Solid Waste Dis posal Act of 1970, as amended b y the Resource Conservation and Recovery Act of 1976 (RCRA), and as amended b y the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6921, 6922, 6923, and 6924. Following are brief summaries of the need for the paperwork requirements in the DSW rule: 

###  Notification: EPA is proposing that before operating under the proposed alternative

Subtitle C standard and by March 1 of each even - numbered ye ar thereafter, a generator must notify

the EPA Regional Administrator (or the State Director, if the state is authorized). EPA believes that the information requested in the notification is the minimum information necessary to ensure that such hazardous recyclable materials are managed in a manner that is protective of human he alth and the environment. EPA also proposes to require notification as a necessary condition of the generator - controlled exclusion in 40 CFR 261.4 (a)(23), to provide basic information to regulatory agencies about who will be managing hazardous secondary m aterials under the exclusions and the ty pes of materials that will be reclaimed. EPA believes that requiring such information is inherent in its authority to determine whether a material is discarded. EPA considers this to be the minimum information needed to enable credible evaluation of the status of a material under RCRA. 

###  Reclamation Plan: EPA is proposing that before operating under the alternative Subtitle C standard, the generator must develop a reclamation plan that provides details of where the hazardous recyclable material will be sent for reclamation, a short description of the recycling process, and the estimated volume of materials in each shipment. Also, the generator must contact the reclaimer in advance and make arrangements for the recycling. Similar to the notification requirements, the reclamation plan and advance arrangements are needed to guard against the risks of over - accumulation and possible abandonment of hazardous recyclable materials. 

###  Transportation
-Related Requirements: Before transporting hazardous recyclable materials or offering hazardous recyclable materials for transportation off - site, a hazardous recyclable material generator would need to meet all the applicable pre transportation requirements for hazardous waste generators under 40 CFR part 262 subparts B and C, including the need to package, label and placard the materials in accordance with Department of Transportation standards, as applicable to large or small quantity

generators, and prepare a hazardous waste manifest. S uch requirements are necessary

to ensure sufficient oversight as Subtitle C requirements, thereby increasing the likelihood of compliance. 

###  Recordkeeping for Speculative Accumulation: Hazardous secondary materials that are generated and legitimately reclaim ed under the control of the generator are subject to the speculative accumulation provisions of 40 CFR 261.1(c)(8). If these hazardous secondary materials are speculativel y accumulated, they are considered discarded. EPA is proposing to amend 40 CFR 261.4( a)(23)(iii) to require persons operating3 under the generator - controlled exclusion to place a label on the storage unit indicating the first date that the excluded hazardous secondary material began to be accumulated. Such information is needed b y inspector s and other regulatory authorities to quickly

ascertain how long a facility has been storing an excluded hazardous secondary

material, and, therefore, whether that facility was in compliance with the storage time limits of 40 CFR 261.4(a)(23)(iii) and 40 C FR 261.1(c)(8). 

###  Certifications for Hazardous Secondary Material Generated and Reclaimed Under the Control of the Generator: EPA has established the certification requirement for materials that are generated and reclaimed under the control of the generator because of existing complexities in corporate ownership and liability . The certification is needed to increase the company ’ s awareness and accountability for ensuring that the generator and reclamation facilities are in fact under its ownership. The certif ication also may be needed by

regulators (e.g., on - site inspectors) to verify compliance. Hazardous secondary

materials are eligible for the generator - controlled exclusion if they are generated and reclaimed pursuant to a written agreement between a tollin g contractor and toll manufacturer, if the tolling contractor certifies that it has entered into a contract with a toll manufacturer and that the tolling contractor retains ownership of, and responsibility for, the hazardous secondary materials generated d uring the course of the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process. EPA is proposing to require the tolling contractor to maintain at its facility for no less than three ye ars records of all hazardous secondary

materials received pursuant to the written contract with the tolling manufacturer. Itwould also require the tolling manufacturer to maintain at its facility for no less than three years records of all hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. Regulatory authorities need such recordkeeping requirements to determine if tolling contractors and manufacturers were in compliance with the requirements for the tolling exclusion. 

###  Doc umentation of and Petition Process for Legitimacy: EPA is proposing to codify the legitimate recycling requirement for all recycling. Additionall y, hazardous secondary materials and hazardous wastes being recycled must meet all four legitimacy

factors in 4 0 CFR 260.43. After implementing the DSW exclusions in several states since its promulgation in 2008, EPA determined that a one - time documentation of legitimacy is an important step in ensuring compliance with this provision and will make oversight and enf orcement more effective. EPA is therefore proposing to require that persons who perform the recycling include documentation in their paperwork to explain how their hazardous secondary materials are legitimately recycled. At the same time, EPA believes it i s critical that the legitimacy requirement have flexibility

for those rare situations where a facility is recycling legitimately , but is not meeting factor 3 and/or factor 4. Accordingly, EPA proposes a petition process to provide a mechanism for that flex ibility, while also allowing the implementing agency to review the site - specific nature of the recycling practice and ensure that it is legitimate. 

###  Solid W

aste Variances and Non
- Waste Determinations: The intent of the non - waste determination petition proce ss is to provide petitioners with an administrative4 procedure for receiving a formal determination that their material is not a solid waste. This process is available in addition to the solid waste exclusions. Facilities may choose to continue to self - impl ement the waste determination requirements of 40 CFR Part 261 and, for the vast majority of cases, self

- implementation will still be the most appropriate approach. However, for cases where there is ambiguity about whether a secondary

material is a solid wa ste, this process may be needed to provide regulatory

certainty for both the facility and Agency. EPA is proposing the following revisions to the non - waste determinations and variances in Part 260: (1) require facilities to re - appl y for a variance in the e vent of a change in circumstances that affects how a material meets the criteria upon which a solid waste variance has been based; (2) require facilities to re - notify every two years with updated information; (3) revise the criteria for the partial reclamation variance to more clearl y explain when the variance applies and to require, among other things, that the criteria for this variance must be reviewed and evaluated collectively ; (4) revise the criteria for the non - waste determinations in 40 CFR 260.34 t o require that petitioners demonstrate why they cannot meet, or should not have to meet, existing solid waste exclusions under §§ 261.2 or 261.4; and (5) designate the Regional Administrator as the EPA recipient of petitions for variances and non - waste det erminations. Such requirements are necessary

to foster greater consistency on the part of implementing agencies and help ensure the protectiveness of the implementation of the solid waste variances and non - waste determinations.  Exclusions from the Definiti on of Solid W aste: EPA has established conditional exclusions from the definition of solid waste for hazardous secondary materials as specified. Since there is some potential for mismanagement of these materials in the absence of any regulatory controls, the exclusions specify certain conditions that must be satisfied b y the generator facility and, if applicable, the intermediate and reclamation facilities to whom the materials are transferred. EPA ’ s assessment that conditions are needed for recycling of ex cluded material has been influenced by recycling studies that EPA conducted (e.g., analy ses of environmental problems associated with recycling of hazardous secondary materials). These studies are described in the preamble to the final rule and contained i n the administrative record. o EPA is proposing to move the requirements listed in 40 CFR 261.2(a)(2)(ii) to 261.4(a)(23). This supporting statement describes the need for the information collection requirements of these exclusions under “ Certifications for Hazardous Secondary

Material Generated and Reclaimed under the Control of the Generator” and “Notification. ” o EPA is considering a focused exclusion from the definition of solid waste for certain types of higher - value hazardous secondary materials which are being re - manufactured into commercial - grade products. The goal of the re manufacturing exclusion would be to encourage sustainable materials management b y identifying specific types of transfers of hazardous secondary materials to third parties that, under appropriate conditions, do not involve discard and can result in extending the useful life of a commercial - grade chemical. Given the wide variety of hazardous secondary materials and industrial processes, EPA believes it is reasonable to set conditions f or the exclusion which there is supporting evidence that discard will be avoided and5 risk will be controlled. A notification requirement will provide basic information to the regulatory agencies about who will be managing hazardous secondary materials unde r the re - manufacturing exclusion. Facilities operating under the exclusion would need to demonstrate that they meet the requirements (e.g., that the hazardous secondary materials, functions, and manufacturing sectors are those identified in the exclusion), by preparing and maintaining a re - manufacturing plan. Generators and re - manufacturers would need to maintain at the facility records of shipments of hazardous secondary materials for a period of three ye ars, and generators would need to maintain confirmations of receipt for all off - site shipments of hazardous secondary materials in order to verify that the hazardous secondary materials reached their intended destination and were not discarded. This provision is being proposed in order that all parties resp onsible for the excluded hazardous secondary materials would be able to demonstrate that the materials were in fact sent for re - manufacturing and arrived at the intended facility and were not discarded in transit. EPA would also establish a petition proces s where any person may

petition the Administrator to modify or revoke any

provisions of the hazardous waste rules. Such a petition process would provide flexibility for hazardous secondary

materials, industry

sectors, and/or functional uses that may be sui table candidates for the re - manufacturing exclusion if they involve the transfer of a higher - value hazardous secondary material from one manufacturer to another, for the purpose of re - manufacturing a material with significant commercial value. o EPA is consi dering revisions that would affect other definition of solid waste exclusions and hazardous waste exemptions for recyclable materials. These possible revisions include (1) recordkeeping for speculative accumulation in all cases; (2) requiring facilities to re - notify every two years with updated information on their operating status under the various exclusions and exemptions; and (3) containment standards for excluded hazardous secondary material. 2(b) Practical Utility and Users of the Data Notifications R egulatory

agencies will use notifications from facilities to learn basic information about who will be managing hazardous secondary materials under the exclusions, exemptions, or alternate standards and the ty pes of materials that will be recycled. The inf ormation will help the agencies evaluate the status of the material under RCRA. Generators that operate under the proposed alternative Subtitle C standard must notify the EPA Regional Administrator (or the State Director, if the state is authorized). The E PA Regional Administrator or State Director will use this information to ensure that such hazardous recyclable materials are managed in a manner that is protective of human health and the environment. EPA also proposes to require notification as a necessary condition of the generator - controlled exclusion in 40 CFR 261.4 (a)(23), to provide basic information to regulatory agencies about who will be managing hazardous secondary materials under the exclusions and the ty pes of materials that will be reclaimed; and to allow credible evaluation of the status of a material under RCRA. EPA also requests comment on requiring notification for the pre - 2008 DSW exclusions,6

exemptions, and alternate standards, including the “ re - manufacturing ” exclusion that EPA is consid ering . Reclamation Plan Under EPA ’ s proposed revisions to the DSW rule, generators that operate under the alternative Subtitle C standard must develop a reclamation plan that provides details of where the hazardous recyclable material will be sent for rec lamation, a short description of the recycling process, and the estimated volume of materials in each shipment. Also, the generator must contact the reclaimer in advance and make arrangements for the recycling. These requirements will ensure that the gener ator (including appropriate staff) addresses the risks of over accumulation and possible abandonment of hazardous recyclable materials, and that the reclaimer is aware of all arrangements. Because the reclamation plan is kept on - site, regulatory authoritie s and inspectors will be able to review the information, as needed. Transportation - Related Requirements Before transporting hazardous recyclable materials or offering hazardous recyclable materials for transportation off - site, generators must package, labe l and placard hazardous recyclable materials in accordance with Department of Transportation standards, as applicable to large or small quantity generators, and prepare a hazardous waste manifest. This information is used by the generator and all subsequent handlers of the materials to ensure proper management, tracking, and safety precautions in the transportation of the materials. Recordkeeping for Speculative Accumulation Persons operating under the generator- controlled exclusion must place a label on th e storage unit indicating the first date that the excluded hazardous secondary material began to be accumulated. Inspectors and other regulatory authorities will use this information to quickly ascertain how long a facility has been storing an excluded haz ardous secondary material, and, therefore, whether that facility was in compliance with storage time limits. Certifications for Hazardous Secondary Material Generated and Reclaimed Under the Control of the Generator EPA is requiring the certification requirement for materials that are generated and reclaimed under the control of the generator because of existing complexities in corporate ownership and liability . The certification will be used to hold the company accountable for knowing and complying with th e definition of “ hazardous secondary materials generated and reclaimed under the control of the generator” and to enable regulatory authorities to determine when facilities are eligible for this exclusion. The certification will also be used by the generat or to increase the company ’ s awareness and accountability for ensuring that the generator and reclamation facilities are in fact under its ownership. Under EPA ’ s proposed rule, a tolling contractor must maintain at its facility for no less than three ye ars records of all hazardous secondary materials received pursuant to the written contract with the tolling manufacturer. The tolling manufacturer would need to maintain at its facility for no less than three years records of all hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. Regulatory authorities will use this information to determine if tolling contractors and manufacturers were in compliance with the requirements for the tolling exclusion.7

Documentation of and Petition Process for Legitimacy Under EPA ’ s proposed rule, regulatory authorities will use the one - time documentation of legitimacy

to ensure compliance with 40 CFR 260.43 and to make oversight and enforcement more effective. Persons who intend to p erform the recycling will also be able to assess whether their hazardous secondary materials are legitimately recycled. For those rare instances where a facility is recycling legitimatel y, but is not meeting factor 3 and/or factor 4 at 40 CFR 260.43, faci lities can use a petition process to request flexibility . The process will allow the implementing agency to review the site - specific nature of the recycling practice and ensure that it is legitimate. Solid Waste Variances and Non - Waste Determinations The n on - waste determination and solid waste variance petition process provides petitioners with an administrative procedure for receiving a formal determination that their material is not a solid waste. Facilities may choose to continue to self - implement the wa ste determination requirements of 40 CFR Part 261 and, for the vast majority of cases, self - implementation will still be the most appropriate approach. However, for cases where there is ambiguity

about whether a secondary material is a solid waste, this process may provide regulatory

certainty for both the facility and Agency. The proposed revisions to the non - waste determinations and variances in Part 260 will foster greater consistency on the part of implementing agencies and help ensure the protectivenes s of the implementation of the solid waste variances and non - waste determinations. 3. NONDUPLICA

TION, CONSUL

TA TIONS, A ND OTHER COLLECTION CRITERI A 3(a) Nonduplication None of the informat ion required b y the final rule is duplicative with information requi red b y other existing federal regulations. 3(b) Public Notice Pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency has notified the public through a Federal Register notice as part of the proposed rule (see X FR X). As part of this process, EPA solicits public comment concerning the burden estimates for respondents. EPA specifically requests comments on the Agency ’ s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing resp ondent burden, including the use of automated collection techniques. EPA will consider any comments when an ICR package is prepared to support the final rule. 3(c) Consultations When this I CR supporting statement was prepared, the proposed rule upon which it was based had not yet been published. Therefore, conducting new consultations on internal deliberative material with potential respondents was not appropriate. Nevertheless, in August 2006 and March - April 2008, EPA contacted a number of hazardous second ary materials generators and reclamation companies and CHWMEG to solicit input on the I CR for the 2008 rule. A summary

of this input appears in the supporting statement for EPA ICR No. 2310.01.8

The table below identifies the organizations contacted for th e 2008 DSW ICR. Their feedback is reflected in the burden and cost assumptions of this I CR, as appropriate for requirements that continue under the proposed 2011 amendments.

Organizations EPA Contacted for ICR Preparation (August 2006 and March/April 2008 ) Name of Organization Name of Representative Phone Number Alcoa Corporation Gary Crouth 412 - 553 - 4287 CHWMEG Jeff Sacre 412 - 826 - 3056 Ford Motor Company Susan Rokosz 313 - 322 - 3826 Giant Resource Recovery Stan Ray 803 - 773 - 1400 Intel Corporation Cherry Mo yer 480 - 715 - 2495 Monsanto Company Mary Shaffer 314 - 694 - 3883 Safety Kleen Systems, Incorporated Mike Fusco and Lin Longshore 610 - 558 - 3186 Veolia ES Technical Solutions (formerly Onyx Environmental Services) Thomas Baker 973 - 691 - 7330 3(d) Effects of Less Frequent Collection EPA has considered the information collection burden imposed by the 2008 DSW rule and the proposed 2011 amendments. EPA is confident that those activities required of respondents are necessary , and to the extent possible, the Agency ha s attempted to minimize the burden imposed. A number of the required activities, for example, will be performed once (e.g., one - time certifications). In addition, other requirements can be satisfied b y activities already being undertaken b y respondents. Fo r example, EPA has found that responsible generators currentl y evaluate prospective reclaimers and thus could complete the reclamation plan required by the rule. If the minimum information collection requirements of the rule are not met, EPA will not be ab le to ensure that the hazardous secondary materials are being properly managed and do not pose a threat to human health and the environment. 3(e) General Guidelines This I CR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB ’ s imp lementing regulations at 5 CFR 1320, EPA ’ s I CR Handbook, and other applicable EPA and OMB guidance. 3(f) Confidentiality Participation under the exclusions is voluntary . EPA does not expect to deem any information collected under the rule to be CBI (Confidential Business Information). If such a claim were asserted, EPA must and will treat the information in accordance with the applicable regulations (e.g., 40 CFR Part 2, Subpart B). EPA also will assure that this information collection complies with the Pri vacy Act of 1974 and OMB Circular 108. 3(g) Sensitive Questions No questions of a sensitive nature are included in the information collection requirements associated with the rule.9

4. THE RESPONDENTS AND THE INFORMA TION REQUESTED 4(a) Respondents and NAICS Codes Entities potentially

affected by

the proposed DSW rule include facilities (depending on the regulatory

option(s) selected) in industry sectors that generate or recycle hazardous secondary materials that are (1) currentl y regulated as RCRA Subtitle C hazardous wastes; (2) hazardous secondary

materials currentl y excluded under the 2008 DSW rule; or (3) hazardous secondary materials currently

excluded from RCRA Subtitle C under other solid waste exclusions. The following is a list of North American Indu stry Classification Sy stem (NAI CS) codes associated with industries most likely affected by

the paperwork requirements covered in this I CR. NAICS Codes of Potentially Affected Industries Industry Sector NAICS Codes Agriculture, Forestry, Fishing and Hunti ng 11 Mining 21 Utilities 22 Construction 23 Manufacturing 31 Manufacturing 32 Manufacturing 33 Wholesale Trade 42 Retail Trade 44, 45 Transportation 48, 49 Information 51 Finance and Insurance 52 Real Estate, Rental, Leasing 53 Professional, Scientific & Technical Services 54 Management of Companies and Enterprises 55 Administrative Support, Waste Management & Remediation 56 Educational Services 61 Health Care & Social Assistance 62 Arts, Entertainment, Recreation 71 Accommodation and F ood Services 72 Other Services 81 Public Administration 9210

4(b) Information Requested Option 1: Withdraw the 2008 DSW Exclusion for Offsite Transfer Recycling Under this option, the 2008 DSW exclusion at 40 CFR 261.4(a)(24) and (25) for hazardous second ary materials that are transferred offsite for the purpose of reclamation is withdrawn and replaced with alternative RCRA Subtitle C regulations for hazardous recyclable materials under Option 2. As such, this option does not include specific paperwork req uirements, but is included here to inform respondents that the related 2008 provisions no longer appl y. Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008 DSW Offsite Transfer Recycling Exclusion EPA is proposing alternative requirements for hazardous recyclable materials, which would require compliance with current RCRA Subtitle C requirements, including manifesting and hazardous waste permits for storage, except that generators may accumulate hazardous recyclable materials for up to a ye ar without a RCRA permit if the generator makes advance arrangements for legitimate reclamation and documents those arrangements in a reclamation plan. Under part 266 subpart D Hazardous Recyclable Materials standards, large quantity generators and smal l quantity generators of hazardous recyclable materials will need to meet the alternative requirements including the elements of (1) notification, (2) a reclamation plan, (3) management standards, (4) a contingency plan, (5) emergency

procedures, and (6) transportation. Notification (i) Data items 

###  Notification using EPA Form 8700 - 12 including: o The name, address and EPA ID number of the facility ; o The name and telephone number of a contact person; o The NAICS (North American Industry Classification System) code of the facility ; o The regulatory

citation under which the hazardous recyclable materials will be managed (i.e., 40 CFR part 266 subpart D) o When the facility

expects to begin managing the hazardous recyclable materials in accordance with the alternative standard; o A list of hazardous recyclable materials that will be managed according to the new standard (reported as the EPA hazardous waste codes that would apply if the hazardous recyclable materials were managed as hazardous waste); o The quantity

of each hazardous recyclable material to be managed annually ; and o The certification (included in EPA Form 8700 - 12) signed and dated b y an authorized representative of the facility . (ii) Respondent activities 

###  Prepare and submit a notification prior to operating un der alternative Subtitle C standard11



###  Update and submit notification by March 1 of each even - numbered year after initial notification 

###  Update and submit notification that hazardous recyclable materials are no longer managed in accordance with the alternative Subtitle C standard, within 30 day s after ceasing operations Reclamation Plan (i) Data items  Reclamation plan that: o Describes the hazardous recyclable material(s) and identifies the reclamation facility

where the material will be sent; o In cludes written co nfirmation from the facility that they are able to reclaim the hazardous recyclable material; o Documents the amount of hazardous recyclable material expected in each shipment and the anticipated frequency of shipments; and o Documents that the reclamation is legitimate per 40 CFR 260.43. (ii) Respondent activities  Make advance arrangements for reclamation  Prepare a reclamation plan  Maintain reclamation plan on - site for at least three years from the date the generator ceases to operate under the alternative st andards  Submit plan to EPA (only upon request)  Conduct state review and approval of advance arrangement documentation Management Standards (i) Data items  Labels and compliance documentation: o Labels on each container and tank with the speculative accumulation start date, and reference to “ hazardous recyclable materials ” (instead of “ hazardous waste ” ) o Procedures, such as posting of accumulation dates or entering dates in inventory logs, to ensure against speculative accumulation in other units not amenable t o labeling (ii) Respondent activities  Prepare and affix labels, or other acceptable notification, on containers and tanks with hazardous recyclable materials  Prepare procedures to ensure waste is stored no more than one ye ar and a maximum accumulation volume is two standard shipments12  Document that storage procedures are satisfied Contingency

and Emergency

Plans (i) Data items  Contingency

and emergency

plans: o Spill control/contingency plan including personnel training and a chemical anal ys is plan, or existi ng plans developed for other statutes (if applicable) (ii) Respondent activities  Collect and maintain job - related data, including job titles for each position and the name of each person filling each job, a written job description and necessary qualificati ons for each position, and the training given to the individual filling that position  Under contingency

planning requirements, generators must: o Collect data required in contingency plan; o Document whether authorities decline arrangement; o Write contingency

p lan; o Maintain contingency plan; o Submit contingency

plan to relevant emergency centers; and o Amend contingency

plan, when appropriate  Under emergency

procedure requirements, generators must: o Observe scene of hazardous waste discharge; o Report by

phone reques ted data for NRC; o Document that local officials declines to enter into arrangements for coordinating response; and o Providing post - emergency information by

phone  Under certification of compliance, generators must: o Collect information required in emergency notification report; o Write emergency

notification report; o Submit report to Regional Administrator or state; and o Compile information demonstrating compliance  Conduct state review of contingency plan Transportation (i) Data items  Records or hazardous waste manifest for off - site shipments pursuant to 40 CFR part 262 subparts B and C13

(ii) Respondent activities  Meet all the applicable pre - transportation requirements for hazardous waste generators under 40 CFR part 262 subparts B and C, including the need to pac kage, label and placard the materials in accordance with Department of Transportation standards, as applicable to large or small quantity generators, and prepare a hazardous waste manifest  Under a proposed alternative manifest sy stem, follow established manifest procedures (e.g., filling out the manifest, record - keeping and procedures for rejected shipments) using a manifest labeled “ hazardous recyclable materials manifest ” pursuant to conforming changes to 40 CFR §§262.20, 262.21, 262.40(a), 262.42, the ap pendix to part 262, §§263.20, 263.22, 264.71, 264.72, 265.71 and 265.72, plus 49 CFR 171.8 (DOT regulations). This activity would be covered under EPA ICR 801: Requirements for Generators, Transporters, & Waste Management Facilities Under the RCRA Hazardou s Waste Manifest Sy stem . Continuation of RCRA Permits (i) Data items  RCRA Part B renewal application (ii) Respondent activities  Read the regulations  Complete and submit Part B renewal application Option 3: Revise the 2008 DSW Exclusion for Generator - Contro lled Recycling EPA is proposing to retain the exclusion for hazardous secondary materials reclaimed under the control of the generator with certain revisions, including (1) adding a regulatory definition of “ contained ” to 40 CFR 260.10; (2) making notification a condition of the exclusion; (3) adding a recordkeeping requirement for speculative accumulation in 40 CFR 261.1(c)(8); and (4) adding a recordkeeping requirement for reclamation under toll manufacturing agreements in 40 CFR 261.4(a)(23)(i)(C). Notif ication and certification requirements described in 2008 are maintained under EPA ’ s proposed rule. 40 CFR 260.42(a) provides that facilities managing materials that are excluded from regulation under section 261.2(a)(2)(ii) or section 261.4(a)(23) must sen d a notification prior to operating under the exclusion(s) and b y M arch 1 of each even numbered ye ar thereafter to the Regional Administrator using EPA Form 8700 - 12 that includes the specified information at section 260.42(a)(1) - (10). Section 260.42(b) pro vides that, if a facility has submitted a notification, but then subsequently stops managing materials in accordance with the exclusion(s), the facility

must notify

the Regional Administrator within thirty (30) day s using EPA Form 8700 - 12. Certification re quirements for the generator- controlled exclusion are in 40 CFR 260.10. Notification (i) Data items 

###  Notification using EPA Form 8700 - 1214

(ii) Respondent activities 

###  Prepare and submit a notification prior to operating under the generator - controlled exclusio n 

###  Update and submit notification by March 1 of each even - numbered year after initial notification 

###  Update and submit notification that hazardous secondary materials are no longer managed in accordance with the generator- controlled exclusion, within 30 day s after ceasing operations Certifications (i) Data items 

###  A certification from the generator stating one of the following: o “ On behalf of [insert generator facility name], I certify

that this facility will send the indicated hazardous secondary material to [in sert reclaimer facility name], which is controlled by [insert generator facility

name] and that [insert the name of either facility] has acknowledged full responsibility

for the safe management of the hazardous secondary material; ” or o “ On behalf of [insert generator facility name], I certify

that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged ful l responsibility for the safe management of the hazardous secondary material. ” 

###  A certification from the tolling contractor stating the following: “ On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the course of the manufacture, i ncluding any releases of hazardous secondary

materials that occur during the manufacturing process. ” (ii) Respondent activities 

###  The generator (including tolling contractor) must prepare the certification. Speculative Accumulation Recordkeeping and Labeli ng (i) Data items  Labels on containers indicating the first date that the excluded hazardous secondary material began to be accumulated15  Inventory

log indicating the first date that the excluded hazardous secondary material began to be accumulated and demo nstrating that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar ye ar (as required by 40 CFR 261.1(c)(8)) (ii) Respondent activities  Label containers in satellite accumulation area wi th start date  Label containers in accumulation area with start date  Document in an inventory log the first date that the excluded hazardous secondary material began to be accumulated and that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar ye ar Recordkeeping Requirement for DSW Excluded Recycling Under Toll Manufacturing Agreements (i) Data items  Routine business records (e.g., financial records, bills of lading, copies of DOT shipp ing papers, or electronic confirmations) or new records that contain: o The name of the transporter; o The date of the shipment; and o The ty pe and quantity of the hazardous secondary material shipped or received pursuant to the written contract. (ii) Responde nt activities  Prepare and maintain at the tolling contractor facility , for no less than three years, records of all hazardous secondary materials received pursuant to the written contract with the tolling manufacturer  Prepare and maintain at the tolling manufacturer facility , for no less than three ye ars, records of all hazardous secondary materials shipped pursuant to its written contract with the tolling contractor Option 4 : Revise the 2008 DSW Definition of “ Legitimate ” Recycling EPA is proposing revisio ns to the definition of legitimacy in 40 CFR 260.43, including (1) appl yi ng the codified definition to all recycling activities regulated under 40 CFR 260

–266; (2) making all legitimacy factors mandatory , with a petition process for the rare instance that a factor is not met but the recycling is still legitimate; and (3) requiring documentation of legitimacy . Legitimacy

Codified and Mandatory for All Recycling EPA requires all four recycling legitimacy factors be met by

each facility

including: (1) useful c ontribution, (2) valuable product or intermediate, (3) managed as a valuable commodity , and (4) comparison of toxics in the product.16

(i) Data items  Legitimacy

petition: o In cludes a narrative description of how the facility ’ s recycling process addresses ea ch of the four legitimacy factors o Explains how the recycling process does not meet factor 3 or factor 4 or both and why

the recycling should nevertheless be determined to be legitimate (if applicable) o Provides a detailed description of the relevant process and hazardous secondary materials, including, where applicable, material flow charts or diagrams, or other information the implementing agency may request  Notification using EPA Form 8700 - 12  Public notice of state petition determination  Legitimacy

documentation: o Certification statement using either in - house employer audits, outside vendors, or readil y available information o A narrative description, which could include photographs or other illustrations of how the recycling of their hazardous secondary materials meets all four factors of legitimate recycling (ii) Respondent activities  Prepare and submit upon request legitimacy documentation to prove recycling practice meets all four legitimacy factors, including: o How the hazardous secondary materials provide a useful contribution to the recycling process; o How the product of the recycling activity

— whether it is a product or process intermediate

—is valuable; o How the generator or the recycler manages the hazardous secondary materials as a valuable commodity ; and o How the levels of any hazardous constituents in the product made from hazardous secondary

materials are comparable to or lower than those in analogous products made from virgin materials  Conduct sampling and analy ses to characterize hazardous secondary mat erial  If one (or more) of the factors is not being met, submit a legitimacy petition and receive approval from the implementing agency that the recycling is legitimate  Conduct state implementing authority review of legitimacy petition, following the same p rocedures already in place for variances from solid waste, variances to be classified as a boiler, and for non - waste determinations in §260.33  Notify

public of state determinations on legitimacy , including accessible information on the Internet17  Upon receiv ing a legitimacy variance, include variance information in the appropriate place of the RCRA Site ID Form (EPA Form 8700 - 12), and confirm that the process has not changed b y re - notifying every two years, through the RCRA Site ID Form  Maintain records of le gitimacy variance as part of a facility ’ s legitimacy documentation Option 5 : Revise the 2008 DSW Non - Waste Determination Petition Process and Modify the 1985 Partial Recycling Variance For these options, EPA is proposing the following changes to the existi ng regulation of solid waste variances at 40 CFR 260.31(c), 40 CFR 260.33, and 40 CFR 260.34:

 Revise 40 CFR 260.33(c) to require facilities to re - apply for a variance in the event of a change in circumstances that affects how a material meets the criteria upon which a solid waste variance has been based;  Add a provision at 40 CFR 260.33(d) stating that facilities receiving a variance or non - waste determination must provide notification as required b y § 260.42 of this chapter;  Revise the criteria for the par tial reclamation variance in 40 CFR 260.31(c) to more clearl y explain when the variance applies and to require, among other things, that the criteria for this variance must be reviewed and evaluated collectively , since each criterion reinforces and support s other criterion;  Revise the criteria for the non - waste determination in 40 CFR 260.34 to require that petitioners explain or demonstrate why their hazardous secondary materials cannot meet, or should not have to meet, the existing DSW exclusions under §§ 261.2 or 261.4; and  Designate the Regional Administrator as the EPA recipient of petitions for variance and non - waste determinations. Variance From Classification as a Solid Waste (260.31(c) and 260.33(a)) Under current 40 CFR 260.31(c), the Regional Administrator may grant a request for a variance for such materials if, after initial reclamation, the resulting material is commodity- like. The determination that a partially reclaimed material is commodity- like is made using six factors. Proposed revisions t o these factors are as follows (including the elimination of factor 6 or “ other relevant factors ” ):

 Whether the degree of partial reclamation the material has undergone is substantial;  Whether the partiall y- reclaimed material has sufficient economic value that it will be purchased for final reclamation;  Whether the partiall y- reclaimed material is a viable substitute for a product or intermediate, produced from virgin or raw materials, which feeds subsequent production steps;  Whether there is a guaranteed en d market for the partially- reclaimed material; and18  Whether the partiall y- reclaimed material is handled to minimize loss. (i) Data items  Application under section 260.31(c)  Notification using EPA Form 8700 - 12 (ii) Respondent activities  Review and evaluate all revised factors collectively  Re - notify

EPA or the State Director, if the state is authorized for this aspect of the rule, every

two years by

March 1 of each even - numbered year  Review online list of facilities receiving variances, including any supporti ng documentation upon which a determination has been made  Prepare and re - appl y for a variance in the event that the material no longer meets the relevant criteria, pursuant to 40 CFR 260.33(c) Non - Waste Determinations under 40 CFR 260.34 Under current 40 C FR 260.30, persons may appl y for a non - waste determination in order to receive a formal determination that their hazardous secondary materials are not discarded and, therefore, are not solid wastes when legitimatel y reclaimed. There are two types of non - wa ste determinations: (1) a determination for hazardous secondary materials reclaimed in a continuous industrial process; and (2) a determination for hazardous secondary materials indistinguishable in all relevant aspects from a product or intermediate. Each non - waste determination is based on a set of criteria that is codified in 40 CFR 260.34. (i) Data items  Application under section 260.34(b) for a non - waste determination for hazardous secondary material which is reclaimed in a continuous industrial proces s. The application must demonstrate that the material is a part of the production process and is not discarded and address the EPA criteria.  Application under section 260.34(c) for a non - waste determination for hazardous secondary material which is indisti nguishable in all relevant aspects from a product or intermediate. The application must demonstrate that the hazardous secondary material is comparable to a product or intermediate and is not discarded, and address the EPA criteria.  Notification using EPA Form 8700 - 12 (ii) Respondent activities  Prepare and submit applications under sections 260.34(b) and (c)19  For facilities applying for a non - waste determination, explain or demonstrate why they cannot meet, or should not have to meet, the existing DSW exclus ions under §§ 261.2 or 261.4 1
 For facilities receiving non - waste determinations, re - notify EPA or the State Director, if the state is authorized for this aspect of the rule, every two years by March 1 of each even - numbered year  Review online list of facili ties receiving variances, including any supporting documentation upon which a determination has been made Option 6: Add a New “ Re - Manufacturing ” DSW Exclusion EPA is proposing that all of the following conditions will need to be satisfied for eligibility under a re - manufacturing exclusion:

 The hazardous secondary material consists of one or more of the following solvents: toluene, xylenes, ethylbenzene, 1,2,4 - trimethylbenzene, chlorobenzene, n - hexane, cyclohexane, methyl tert - butylether, acetonitrile, chl oroform, chloromethane, dichloromethane, methylisobutyl ketone, N,N dimethylformamide, tetrahydrofuran, n - butyl alcohol, ethanol, and methanol;  The hazardous secondary material originated from using one or more of the above - listed solvents in commercial grade for reacting, extracting, purifying, or blending chemicals in the pharmaceutical, organic chemical, or plastics and resins manufacturing sectors, or the paint and coatings sector;  After re - manufacturing, the continuing use of the solvent is limited to reacting, extracting, purifying, or blending chemicals in the pharmaceutical, organic chemical, or plastics and resins manufacturing sectors, or the paint and coatings sector, or using them as ingredients in a product. These allowed continuing uses corres pond to chemical functional uses enumerated under the proposed modification to the Inventory Update Rule of the Toxic Substances Control Act (40 CFR Parts 704, 710

–711), including Industrial Function Codes U015 (solvents consumed in a reaction to produce o ther chemicals) and U030 (solvents become part of the mixture); and  After re - manufacturing, the continuing use of the solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articl es ( i.e., disallowed continuing uses that correspond to chemical functional uses in Industrial Function Code U029 under the proposed modification of the Inventory Update Rule of the Toxics Substances Control Act). (i) Data items  Re - manufacturing exclusion : o Notification using EPA Form 8700 - 12 o Re - manufacturing plan including:

1 The two ty

pes of non - waste determinations are (1) a determination for hazardou s secondary materials reclaimed in a continuous industrial process and (2) a determination for hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate.20  In formation on the types and expected annual volumes of solvents to be re - manufactured;
 The processes and industry sectors that generate the solvents;
 The specific uses and industry se ctors for the re - manufactured solvents; and
 The legitimacy

of the re - manufacturing process o Records of shipments and confirmation of receipts o Management in tanks and containers
 Prior to re - manufacturing, includes labels on the tanks and containers or a rec ord of the material being stored o No speculative accumulation
 See requirements prohibiting speculative accumulation per 40 CFR 261.1(c)(8)  Petition t o add other chemicals, industries, and/or chemical functions to the remanufacturing exclusion (i ncludes a wa ste characterization test) (ii) Respondent activities  Re - manufacturing exclusion: o Both the hazardous secondary material generator and the re - manufacturer will have to:
 Notify

EPA or the State Director, if the state is authorized for the program, and updat e the notification every two years per 40 CFR 260.42;
 Develop and maintain a re - manufacturing plan;
 Maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments;
 Prior to re - manufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards that would be the same as those found in 40 CFR part 264 subparts I and J, with the tanks and containers being labeled or otherwise having an immediately

available record of the material being stored. During re - manufacturing, and during storage of the hazardous secondary materials prior to re - manufacturing, ensure that there is effective control of hazardous air emissions by complying with all applicable NESHAP standards, and w ith the requirements of 40 CFR part 264 or 265 subparts AA, BB, CC . This activity would be covered under existing EPA I CRs 1572: Hazardous Waste Specific Unit Requirements and Special Waste Processes and Ty pes , 820: Hazardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers ; and21  Meet the requirements prohibiting speculative accumulation per 40 CFR 261.1(c)(8)  Petition process: o Prepare and submit a petition for adding to the eligibility criteria (e.g., adding industries, adding chemicals) of the exclusion Option 7: Revise the Pre - 2008 DSW Recycling Exclusions EPA is proposing revisions that would affect other definition of solid waste exclusions and hazardous waste exemptions for recyclable materials. Th ese possible revisions include (1) recordkeeping for speculative accumulation in all cases; (2) requiring facilities to re - notify every two years with updated information on their operating status under the various exclusions and exemptions; and (3) contai nment standards for excluded hazardous secondary material. (i) Data items  Notification using EPA Form 8700 - 12  Recordkeeping for Speculative Accumulation o Label on the storage unit indicating the first date that the excluded hazardous secondary

material began to be accumulated; or o Inventory

log to demonstrate that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar year. (ii) Respondent activities  Reading the revised regulations to underst and and comply with the new requirements  Notify

EPA or the State Director, if the state is authorized for the program, and update the notification by March 1 of each even - numbered ye ar per 40 CFR 260.42  Update and submit notification that hazardous recycla ble materials are no longer managed in accordance with the alternative Subtitle C standard, within 30 days after ceasing operations  Generators will have to label and perform any recordkeeping associated with operating a speculative accumulation storage are a. 5. THE INFORMA TION COLLECTED: AGENCY AC TIVITIES, COLLECTION METHODOLOGY

, A ND INFORMA

TION MA NAGEMENT 5(a) Agency Activities Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008 DSW Offsite Transfer Recycling Exclusion Notification  Rece ive, r eview , and f ile i nitial n otifications22  Receive, r eview , and f ile b iennial n otifications  Receive, r eview , and f ile discontinuation n otifications Reclamation Plan  Receive, r eview , and f ile reclamation p lan (if requested by a gency) Contingency

Plan an d Emergency

Planning Procedures  Review c ontingency p lan (if requested by a gency) Emergency

Procedures  Review submitted release report information  Enter information into database tracking all releases  Transmit information to respective response authorities  Receive, review , and file notification of compliance regarding affected release area Transportation  Review exception reports, discrepancy reports, and unmanifested waste reports (see EPA ICR No. 801) Continuation of RCRA Permits  Conduct agency

activities related to the following Part B permit provisions covered b y EPA I CR No. 1573: o General Information (270.1) o Permit Application (270.10(j)) o General Requirements (270.14(a)) o General Facility

Standards (270.14(b) (15 - 16)) o Financial Assurance ((270.14(b) (15) - (1 6)) o Other Part B Requirements (270.14(b) (19), (21)) o Ground - water Protection (270.14(c) (1) - (8)) o Solid Waste Management Units (270.14(d)) o Containers (270.15) o Tank Sy stems (270.16) o Transfer of Permits (270.40(b)) o Permit Modifications at the Request of the A gency (270.41) o Permit Modifications at the Request of the Permittee (270.42(a) - (d)) o Temporary

Authorizations (270.42(e)) o Expiration and Continuation of Permits (270.50 - 270.51)23

Option 4 : Revise the 2008 DSW Definition of “ Legitimate ” Recycling Legitimacy

Pe tition  Review the legitimacy petitions  Request additional information if necessary  Deliberate and issue draft determination  Publicize draft determination  Hold hearing, if required  Review comments and make final determination  Receive, Review and File Bienni al Notifications Legitimacy

Documentation  Evaluate Legitimacy

Documentation (if requested by Agency) Option 5 : Revise the 2008 DSW Non - Waste Determination Petition Process and Modify the 1985 Partial Recycling Variance Re - Application if Material No L onger Meets Relevant Criteria  Receive , review, and file re - a pplication Re -Notification  Receive , review, and file b iennial n otifications  Receive, , review, and file discontinuation n otifications  Provide online public access to a list (including supporting documentation) of facilities receiving non - waste determinations Variance from Classification as a Solid Waste (260.31(c) and 260.33(a))  Review the variance demonstration  Request additional information if necessary  Deliberate and issue draft determination  Publi cize draft determination  Hold hearing, if required  Review comments and make final determination Non - Waste Determination  Review the non - waste determination application  Request additional information if necessary  Deliberate and issue draft determination  Publ icize draft determination  Hold hearing, if required24  Review comments and make final determination Change to Non - Waste Determination  Evaluate and approve/deny re - application Option 6: Add a New “ Re - Manufacturing ” DSW Exclusion Petition Process  Review the pe tition  Request additional information if necessary  Deliberate and issue draft determination  Publicize draft determination  Hold hearing, if required  Review comments and make final determination Notification  Receive, r eview , and f ile i nitial n otifications  R eceive , review, and file b iennial n otifications  Receive, review, and file discontinuation n otifications Technical Standards  Conduct agency

activities related to EPA ICR No. 1572 (Hazardous Waste Specific Unit Requirements and Special Waste Processes and T yp es) for additional facilities NESHAP Standards  Conduct agency

activities related to pollution standards covered by EPA ICR Nos. 820 (Hazardous Waste Generator Standards) and 1593 (Air Emission Standards for Tanks, Surface Impoundment and Containers) Opti on 7: Revise the Pre - 2008 DSW Recycling Exclusions Notification  Receive, review, and file i nitial n otifications  Receive , review, and file b iennial n otifications  Receive , review, and file discontinuation n otifications 5(b) Collection Methodology and Manag ement In collecting and anal yz ing the information associated with this I CR, EPA and authorized states may

use a telephone sy stem, personal computers, and applicable database software. They will ensure the accuracy

and completeness of collected information by reviewing the submittals. They will keep records of this information in file cabinets and/or computer sy stems.25

5(c) Small Entity Flexibility The exclusions maintained in the proposed rule from the 2008 final rule are voluntary and deregulatory . As such, there is no adverse burden impact to large or small entities. Where EPA is proposing to impose new requirements, the burden is less than or similar to the requirements that existed before the 2008 DSW rule. 5(d) Collection Schedule Under EPA ’ s proposed al ternative Subtitle C regulation for hazardous recyclable materials, generators would be required to submit a notification prior to operating under this standard and b y M arch 1 of each even - numbered year thereafter to the EPA Regional Administrator using EP A Form 8700 - 12. A claimant that submitted a notification but then subsequently

stops managing hazardous recyclable materials in accordance with the exclusion must submit notification to EPA within 30 day s. Similar requirements apply to facilities that seek exclusion for hazardous secondary materials that are legitimately reclaimed under the control of the generator; solid waste variances and non - waste determinations; and re - manufacturing exclusion. For the exclusion for hazardous secondary materials that are legitimately reclaimed under the control of the generator, generators also prepare a one - time certification under 40 CFR 260.10. No schedule is required for applications for non - waste determinations. The applicant must re - appl y for non - waste determinatio ns, in the event of a change in circumstances that affects how a hazardous secondary material meets the relevant criteria contained in section 260.34 upon which a non - waste determination has been based. No schedule is required for other applications and petitions under this rule, but are prepared and submitted on a case - specific basis. 6. ESTIM AT ING THE HOUR A ND COST BURDEN OF THE COLLECTION 6(a) Estimating Respondent Burden Hours Exhibit 1 provides estimates of the respondent hourly burden associated with the proposed rule ’ s paperwork requirements. Exhibit 1 includes burden hours (total and by labor ty pe) per respondent, as well as the overall burden hours for all respondents. 6(b) Estimating Respondent Costs Exhibit 1 provides estimates of the annual res pondent costs associated with the rule ’ s paperwork requirements. These costs are based on the cost of labor, capital, and operation and maintenance (O&M). (1) Labor Costs The labor wage rates used to estimate costs to respondents were calculated as shown in the following table. The loaded 2009 average wage rates were then inflated to 2011 dollars using the Employ

ment Cost Index (ECI) for professional, scientific, and technical services , to yield $133. 55 for legal; $101. 82 for managerial; $69. 41 for techni cal; and $24. 70 for clerical. Using the total burden hours discussed in Section 6(a) and the hourl y wage rates outlined in this section, Exhibit 1 estimates the labor costs associated with the information collection requirements covered in this I CR.26 Respon dent Labor Based on 2009 NAICS Codes 31, 32, 33 Manufacturing Sector Loaded Hourly Wage Rates A B C D E F [C x (1+D) x (1+E)] G

Labor Category US Bureau of Labor

Statistics Standard Occupational Category (SOC) Code Non - loaded

2009 average (mean) wage rat e ($ per hour) Fringe benefits

loading multiplier Overhead

loading multiplier Loaded

2009 average wage rate ($ per hour) Loaded 2011

average wage rate ($ per hour) 1. Legal SOC 23 - 1011

lawyers $76.05 (34.1%) / (100% - 34.1%) 12% $129.25 $133.55 2. Manage rial SOC 11 - 1021

general & operations managers $57.98 (34.1%) / (100% - 34.1%) 12% $98.54 $101.82 3. Technical SOC 17 - 2081

environmental engineers $39.53 (34.1%) / (100% - 34.1%) 12% $67.18 $69.41 4. Clerical SOC 43 - 9061 office

clerks, general $14.07 (34 .1%) / (100% - 34.1%) 12% $23.91 $24.70 Data sources:  Column A: Four labor categories applied to EPA - OSW ER ICRs (Information Collection Requests).  Column B: SOC codes selection by professional judgment of SOC codes broadly relevant to all EPA - OSW ER ORCR I CRs, by Mark Eads, Economist, EPA - OSW ER - ORCR.  Column C: Based on manufacturing sector NAICS codes 31, 32, 33, which constitutes 89% of RCRA hazardous waste annual tonnage generated in the top - 50 industries which generate RCRA - regulated hazardous waste, acc ording to the data in Exhibit 1.9 of EPA ’ s 2009 “ National Analysis: The National Biennial RCRA Hazardous Wa ste Report ” at http://www.epa.gov/waste/inforesources/data/br09/nation al09.pdf
. Unloaded hourly mean wage rates for May 2009 from the Bureau of Labor Statistics (BLS) NAICS code 31, 32, 33 manufacturing sector wages website at http://www.bls.gov/oes /current/naics2_31 - 33.htm#43 - 0000  Column D: Manufacturing industry group fringe benefits percentage of 34.1% from “ Table 6. Private industry, by major industry group ” of the US Bureau of Labor Statistics (BLS) “ Employer Costs for Employee Compensation ” (E CEC), December 2010 at http://www.bls.gov/schedule/archives/eci_nr.htm  Column E: In absence of data specific to industry, applied 12% Federal civilian overhead cost factor from Figure C1 of th e 29 May 2003 OMB Circular A - 76 at http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/ (2) Capital Costs Capital costs usually

include any

produced ph ys ical good needed to provide the needed information, such as machinery , computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements covered in this ICR. (3) Operation & Maintenance Costs 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. ” This ICR includes O&M costs for postage (i.e., $0.44 for re gular mail, $2.85 for certified mail, and $10.75 for registered mail). The ICR includes a fixed cost of $22.83 for respondents in preparing and submitting legitimacy

petitions, preparing and submitting petitions under the proposed re manufacturing exclusio n, and appl yi ng for non - waste determinations. A figure of $22.00 is given27

in EPA’ s 2008 I CR 2310.01, and was updated to 2011 dollars using the Bureau of Labor Statistics Consumer Price Index. Based on figures presented in the 2011 RIA, updated to 2011 dol lars using the Bureau of Labor Statistics Consumer Price Index, this I CR uses $646.66 for in
- house employee travel to perform due diligence for legitimacy documentation under 40 CFR part 266 subpart C as well as $3,233.31 for the same documentation to be p repared by an outside vendor. 2 The I CR estimates (based on the 2011 RIA) that sampling and anal yt ical costs for a hazardous secondary material characterization are $306.09 per sample. The IC R includes a $0.11 cost for making copies of plans (from the 2011 RIA). Also, EPA assumes O&M costs of $5.19 per long distance call, based on the estimate given in EPA ’ s 2008 I CR No. 820.10 (Hazardous Waste Generator Standards), updated to 2011 dollars using the Bureau of Labor Statistics Consumer Price Index. The I CR i ncludes a $25.87 unit O&M cost based on EPA ’ s 2007 I CR No. 1189.20 to prepare and submit a re - application and to provide additional information on whether partial reclamation is substantial . 6(c) Estimating Agency Hour and Cost Burden The final rule wil l be administered by RCRA - authorized State government regulatory programs. Unloaded mean hourly labor wage rates for States ’ activities were taken from the Bureau of Labor Statistics ’ (BLS) Occupational Employ ment Statistics from “ May 2009 National Industry- Specific Occupational Employ ment and Wage Estimates ” for State Government (NAICS 999200). EPA then multiplied the rates b y the fringe benefits (34.4%) and an overhead factor of 12% (see table below). The wages were then inflated to 2011 dollars using the ECI for public administration for state and local government emplo ye es . Based on this, EPA estimated the following average loaded hourl y wage rates for government labor: $70. 07 per hour for legal staff, $65. 36 per hour for managerial staff, $56.3 0 per hour for technical staff, and $26. 74 per hour for clerical staff. Hour and cost burden to regulators is estimated in Exhibit 4.

2 Based on EPA’s research indicating that an airline fare of $600 is representative of a roundtrip flight within the EPA also found that respondents can purchase an audit report of a reclaimer for about $3,000.28 Agenc y Labor Based on 2009 State Government Loaded Hourly Wage Rates A B C D E F [C x (1+D) x (1+E)] G

Labor Category US Bureau of Labor

Statistics Standard Occupational Category (SOC) Code Non - loaded

2009 average (mean) wage rate ($ per hour) Fringe

benefits loading multiplier Overhead

loading multiplier Loaded

2009 average wage rate ($ per hour) Loaded 2011

average wage rate ($ p er hour) 1. Legal SOC 23 - 1011

lawyers $39.78 (34.4%) / (100% - 34.4%) 12% $67.92 $70.07 2. Managerial SOC 11 - 1021

general & operations managers $37.11 (34.4%) / (100% - 34.4%) 12% $63.36 $65.36 3. Technical SOC 17 - 2081

environmental engineers $31.96 (34 .4%) / (100% - 34.4%) 12% $54.57 $56.30 4. Clerical SOC 43 - 9061 office

clerks, general $15.18 (34.4%) / (100% - 34.4%) 12% $25.92 $26.74 Data sources:  Column A: Four labor categories applied to EPA - OSW ER ICRs (Information Collection Requests).  Column B: SOC codes selection by professional judgment of SOC codes broadly relevant to all EPA - OSW ER ORCR ICRs, by Mark Eads, Economist, EPA - OSW ER - ORCR.  Column C: Unloaded wage rates for May 2009 from the Bureau of Labor Statistics (BLS) state government wages (NAI CS 999200) website at http://www.bls.gov/oes/current/naics4_999200.htm  Column D: 34.4% fringe benefits percentage from “ Table 3. State and local government, by major occupational and industry group ” of the US Bureau of Labor Statistics (BLS) “ Employer Costs for Employee Compensation ” (ECEC), December 2010 at http://www.bls.gov/schedule/archives/eci_nr.htm  Column E: In absence of data specific to state governments, applied 12% Federal civilian overhead cost factor from Figure C1 of the 29 May 2003 OMB Circul ar A - 76 http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/ 6(d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden In this section, EPA first describes the estimated respondent universe under the rule. EPA then e stimates the annual burden to respondents under the proposed rule ’ s paperwork requirements. Finally , EPA estimates the burden impacts to respondents under existing RCRA paperwork requirements. (1) Respondent Universe EPA obtained most of the respondent un iverse estimates for this I CR from EPA ’ s 2011 Regulatory

Impact Analysis (RIA) for this rulemaking. 3 The RIA estimates the number of affected industries and entities based on anal ys is of EPA ’ s 2007 RCRA Hazardous Waste Report data. Following are the primary respondent universe estimates that are used in this I CR:

 79 generators will participate in the alternative Subtitle C regulation for hazardous recyclable materials for offsite transfer recycling exclusion by meeting the new requirements under 40 CFR 266 subpart D. This figure is obtained b y apportioning the estimate that 21 facilities that will adopt the exclusion each

3 “Regulatory Impact Analysis, EPA’s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste,” Mark Eads (EPA) and David Gustafson (DPRA Incorporated), 09 March 2011.29 ye ar, 4 among the off

- site transfer - based exclusion, generator - controlled exclusion, and re - manufacturing exclusion. In the 49 notification s to date, 24 out 49 (49%) are transfer - based exclusions. The number of facilities eligible for the off - site tran sfer - based exclusion is 4,656. Of this total, 201 (4.3%) are eligible under the proposed remanufacturing exclusion and the remaining 4,455 (95. 7%) are eligible under the proposed Alternative Subtitle C Standards for hazardous Recyclable Material (numbers obtained from Exhibits 4E and 5G of the RIA) . Over 8 years (2009 to 2016) , assuming 21 facilities notifying/ye ar , 49% of notifications that are transfer - based exclusions , and 95.7% that are eligible under Alternative Subtitle C Standards , the total is 79 facilities). 5
 86 generators will generate and reclaim their hazardous secondary materials under the control of the generator under section 26 1.2(a)(2)(ii) or 261.4(a)(23). This figure is obtained b y apportioning the estimate that 21 facilities that will adopt the exclusion each year among the off - site transfer - based exclusion, generatorcontrolled exclusion, and re - manufacturing exclusion . In the 49 notifications to date, 25 out 49 (51%) are generator- controlled exclusions . Over 8 years (2009 to 2016) , assuming 21 facilities notifying/year and 51% of notifications that are generator - controlled exclusions , the total is 86 facilities). 6 Of these g enerators, EPA estimates that 29 will ship under a tolling arrangement. This estimate is based on the proportion of generators shipping under a tolling arrangement in Exhibit 4E of the RIA. 7
 16 8 generators will incur additional recordkeeping costs under new requirements making all legitimacy

factors mandatory

for recycling under the 2008 DSW Final Rule. This figure is based on the estimate that a total of 21 facilities that will adopt either the Alternative Subtitle C Standards for Hazardous Recyclable Materials, the generator - controlled, or re - manufacturing exclusion each ye ar . (8 ye ars (2009 to 2016) x 21 new facilities notifying/year = 168 facilities). Facilities eligible for the proposed re - manufacturing exclusion are not excluded here (as they are in th e estimate for generators participating in the Alternative Subtitle C Standards for Hazardous Recyclable Materials), because they will also be required to meet the legitimacy factors. 8 In addition, 5,321 generators utilizing

4 Data published by EPA indicate that, as of April 26, 2011, 49 facilities had submitted notifications to EPA claiming either onsite recycling exclusions, same - com pany transfer exclusions, and/or offsite transfer exclusions ( http://www.epa.gov/waste/hazard/dsw /notify - sum.pdf

) . Based on these data, it is assumed that 49 indu strial facilities will have submitted DSW exclusion notifications under the 2008 DSW final rule by June 30, 2011. Given that these notifications were submitted to EPA over an approximate two - and - a - half year period (i.e., between its December 28, 2008 effec tive date, and April 26, 2011), the rate of new notifications every year is estimated to be 21 facilities per year (i.e., 49 facilities divided by 2.33 years = 21 facilities per year). This rate of notification is assumed to continue on an annual basis beg inning in 2009, through our period of analysis (2015 - 2017) and in subsequent years. 5 This ICR differs from the 2011 RIA for this rulemaking with regard to this calculation. The RIA analyzes the rule's im pact over a much longer time horizon of 50 years, during which EPA believes the number of facilities operating under each exclusion will eventually diverge from its current pace due to the disparity in the number of facilities eligible for each exclusion. 6 Ibid. 7 Of the 277 facilities eligible for the ge nerator - based exclusion, 92 (33.2%) utilize offsite tolling. 8 The ICR covers the period 2015 - 2017, during which an average of 168 facilities will notify, based on these assumptions (projected from 2009).30 the pre - 2008 exclusions (Exhib it 3Lof RIA) and 4,93 2 hazardous waste generators recycling under RCRA Subtitle C that do not notify under the 2008 DSW exclusions (4,656 off - site transfer recyclers + 277 on - site recyclers + 16 8 facilities adopting either the Alternative Subtitle C Stand ards, generator control1ed, or re - manufacturing exclusions = 4,93 2 hazardous waste recyclers) are subject to the new requirements making legitimacy factors mandatory

for recycling (10,253 total) . 9
 7 applicants will submit a petition for non - waste determination under section 260.34 to EPA each ye ar, as described on page 42 of EPA ’ s RIA for the 2008 Final Rule Amendments to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste.  4 partial reclamation variance applications are submitted ann ually under 40 CFR 260.31(c). This estimate is based on EPA ’ s 2011 RIA for this rulemaking. The RIA estimated a low and high scenario of zero and eight applications, respectivel y, which EPA averaged to four for this ICR.  4 generators will generate and rec laim their hazardous secondary materials under the proposed re - manufacturing exclusion. This figure is obtained by apportioning the estimate that 21 facilities that will adopt exclusion s each ye ar among the offsite transfer - based exclusion, generator - controlled exclusion, and re manufacturing exclusion . Based on the 49 notifications to date, 24 out 49 (49%) are transfer - based exclusions . The number of facilities eligible for the off - site transfer - based exclusion is 4,656 . Of this total, 201 (4.3%) are elig ible under the proposed remanufacturing exclusion and the remaining 4,455 (95.7%) are eligible under the proposed Alternative Subtitle C Standards for hazardous Recyclable Material (numbers obtained from Exhibits 4E and 5G of the RIA) . Over 8 years (2009 t o 2016) , assuming 21 facilities notifying/ye ar , 49% of notifications that are transfer - based exclusions , and 4.3% that are eligible under remanufacturing exclusion , the total is 4 facilities. 10
 5,321 generators utilize the pre - 2008 generator exclusions. Th is estimate is based on Exhibit 3Lof the RIA , which builds upon information on generators of TRI recycled wastes containing toxic chemicals . Moreover, the population of generators is limited to NAI CS associated with the pre - 2008 exclusions. Because not al l TRIrecycled wastes containing toxic chemicals will necessarily qualify as RCRA hazardous waste if not recycled, this may be an overestimate of the pre 2008 generator exclusion population.  Generators operating under the Alternative Subtitle C Standard fo r Hazardous Recyclable Materials under Section 266 subpart D and the proposed re manufacturing exclusion will produce an average of 10.6 shipments per facility per year over the period 2015 - 2017. This estimate is based on the number of shipments associated with exclusions from the 2008 revisions to the Definition of
9 This ICR differs from the 2011 RIA for this rulem aking with regard to this calculation. The RIA analyzes the rule's im pact over a much longer time horizon of 50 years, during which EPA believes the number of facilities operating under each exclusion will eventually diverge from its current pace due to th e disparity in the number of facilities eligible for each exclusion. 10 Ibid.31 Solid Waste presented in Exhibit 4G of the RIA. This is calculated by dividing the 887,457 affected tons for Exclusion 2 in Exhibit 4G of the 2011 RIA b y the 4,656 Exclusion 2 facilities in Exhibit 4E of the RIA, and then dividing by an estimated average of 18 tons per truck load or shipment. (2) Annual Respondent Burden under Proposed Rule Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008 DSW Offsite Transfer Recycling Exc lusion EPA estimates that 79 generators will be eligible for the Alternative Subtitle C Standard for Hazardous Recyclable Materials during the period 2015 - 2017 covered by this ICR. This calculation is described in greater detail in Section 6(d)(1) of this IC R. Notification EPA estimates that 79 generators will be required to prepare and submit notifications under the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials, and to update and re - notify

on a biennial basis thereafter . Becau se initial notification and biennial re notification are activities that will each onl y occur once over the three - ye ar period covered b y the ICR, EPA has annualized the number of generators over the life of the ICR, to an annual estimate of 26 facilities p er activity. Based on EPA ’ s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste), EPA estimates that, each ye ar, five percent of the 79 generators ( 4 ) will re - notify because they

stopped operating under the exclusion. Based on the burden estimate provided in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, burden per respondent for each of these three notification activities is estimated to be equivalent to burden for n otification requirements in EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste). These assumptions are reflected in Exhibit 1. Reclamation Plan Reclamation plans are prepared b y the generator for each reclaimer used. EPA estimates an average of one reclaimer per generator. Based on this information, EPA estimates that 79 generators will be required to make advance arrangements for reclamation and to prepare a reclamation plan in accordance with the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials. Because these are both one - time activities, EPA has annualized the number of generators over the life of the ICR, to an annual estimate of 26 facilities. Generators will be required to maintain this plan on - site f or three years, and therefore the equivalent of one - third of generators ( 26 ) will perform this activity on an annual basis. EPA estimates that generators will submit contractual arrangements with every twentieth shipment. Because each generator will ship an average of 10.6 shipments per year, an average of 53% of facilities ( 42 ) will be required to submit contractual arrangements in a single ye ar. Based on the burden estimate provided in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, burden per respondent for each of these four reclamation plan activities is estimated based on proxy costs32

from EPA ’ s 2008 ICR 0820.10. Because the RIA provides a single estimate of burden to prepare and su bmit of 1.9 hours of labor, but only a fraction of facilities will be required to submit, EPA estimates, based on EPA ICR 0820.10, that submission will require 0.16 hours of this labor and preparation will encompass the remaining 1.74 hours. These assumpti ons are reflected in Exhibit 1. Labeling and Compliance Management Standards Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 79 generators will be required to label containers in primary and satellite accumulation areas under the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials. EPA estimates that 79 facilities must prepare procedures to ensure compliance with the 360 - day accumulati on limit and with the maximum accumulation volume of two shipments and document that these procedures are satisfied. Preparing procedures onl y occurs once, and therefore an annualized equivalent of 26 facilities perform this activity in the three - year ICR period. Documentation is an annual activity . The RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste did not estimate the costs associated with these four activities. Burden per respondent for labeling containers is assumed to be equivalent to burden for labeling containers for LQGs given in EPA ’ s 2008 I CR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)). Burdens per respondent for preparing procedures to ensure compliance with the 3 60 - day accumulation limit and with the maximum accumulation volume of two standard shipments and to document compliance are assumed to be equivalent to burden for preparing procedures to ensure compliance with the one ye ar accumulation limit and documentin g that those procedures are satisfied under the speculative accumulation provisions of the proposed revisions to the pre - 2008 DSW exclusions, as described in the 2011 RIA for this rulemaking . These assumptions are reflected in Exhibit 1. Large Quantity

Ge nerator Requirements EPA assumes the proportion of the 79 facilities operating under the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials that are large quantity generators will be similar to the proportion of large quantity gene rators in the total count of facilities transferring offsite as given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste (2,811 out of 3,996) . 11 Applying this proportion, 56 facilities are large quantity generators. Large quantity

generators will be required to comply with four sets of requirements, describe in further detail below. Personnel Training Although the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusi ons of the RCRA Definition of Solid Waste did not specificall y estimate costs associated with personnel training, EPA estimated that two activities, collecting job - related data and

11 The total count of 3,996 facilities excludes 660 CESQGs, as CESQGs are not expected to apply under the Alternative Subtitle C Standard for Hazardous Recyclable Materials.33

maintaining that information at the facility , would be completed once every ten years, on average, similar to other large quantity generator requirements under the Alternative Subtitle C Standard for Hazardous Recyclable Materials. Therefore, 6 out of 56 large quantity generators are expected to complete each of these activities on an annual basis. Burden for these two personnel training activities is assumed to be similar to burden for personnel training given in EPA ’ s 2008 I CR 0820.10 (Hazardous Waste Generator Standards (Renewal)). These assumptions are reflected in Exhibit 1 . Contingency Plan and Planning Procedures Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimated that contingency planning activities would be completed once every ten ye ars, on average. Therefore, 6 out of 56 large quantity generators would complete each of these six activities on an annual basis. EPA estimated burden per respondent according to estimates given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste. These assumptions are reflected in Exhibit 1. Emergency Procedures Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Wa ste, EPA estimated that emergency planning activities would be completed once every ten ye ars, on average. Therefore, 6 out of 56 large quantity generators would complete each of these three activities on an annual basis. EPA estimated burden per respondent according to estimates given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste. These assumptions are reflected in Exhibit 1. Notice of Compliance Based on the RIA for EPA ’ s 2011 Pro posed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimated that generators would complete notices of compliance once every ten ye ars, on average. Therefore, 6 out of 56 large quantity generators would comple te each of these four activities on an annual basis. EPA estimated burden per respondent according to estimates given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste. These assumptio ns are reflected in Exhibit 1. Small Quantity

Generator Requirements EPA assumes the proportion of the 79 facilities operating under the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials that are small quantity generators will be similar to the proportion of small quantity generators in the total count of facilities transferring offsite given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste (1,185 out of 3,996 ) . 12 Applying this proportion, 23 facilities are small quantity generators.

12 The total count of 3,996 facilities excludes 660 CESQGs, as CESQGs are not expected to apply under the Alternative Subtitle C Standard for Hazardous Recyclable Materials.34

Small quantity

generators will be required to comply with three sets of requirements, described in further detail below. Personnel Training Although the RIA for EPA ’ s 2011 Propos ed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste did not specificall y estimate costs associated with personnel training, EPA estimated that that two activities, collecting job - related data and maintaining that infor

mation at the facility , would be completed once every ten years, on average, similar to other small quantity generator requirements under the Alternative Subtitle C Standard for Hazardous Recyclable Materials. Therefore, 2 out of 23 small quantity generato rs would complete each of these activities on an annual basis. Burden for these two personnel training activities is assumed to be similar to burden for personnel training given in EPA ’ s 2008 I CR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)) . These assumptions are reflected in Exhibit 1. Emergency Procedures Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimated that emergency planning activities would be completed once every ten ye ars, on average. Therefore, 2 out of 23 small quantity generators would complete each of these four activities on an annual basis. EPA estimated burden per respondent according to estimates given in the RIA for EPA ’ s 2011 Propos ed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste. These assumptions are reflected in Exhibit 1. Notice of Compliance Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the R CRA Definition of Solid Waste, EPA estimated that generators would complete notices of compliance once every ten ye ars, on average. Therefore, 2 out of 23 quantity generators would complete each of these four activities on an annual basis. EPA estimated b urden per respondent would be two thirds of the burden per respondent for large quantity generators, based on the same assumption given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Wast e. These assumptions are reflected in Exhibit 1. Manifest Requirements Respondents will be required to comply with the manifest requirements found detailed in EPA I CR 801 ( Requirements for Generators, Transporters, & Waste Management Facilities under the RCRA Hazardous Waste Manifest Sy stem). This burden is estimated in Exhibit 3. Treatment, Storage and Disposal Facility Requirements Based on Exhibit 3A of the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definitio n of Solid Waste, EPA estimates that 189 treatment, storage and disposal facilities applying for the transfer - based exclusion will be required to read the relevant regulations and submit a Part B renewal application to continue their RCRA permits. They wil l complete these two activities once every ten years, and therefore 19 facilities will complete them on an annual basis. Burden per respondent for each of these activities is assumed35

to be equivalent to burden estimate for Expiration and Continuation of Pe rmits in EPA ’ s 2010 ICR No. 1573.12 (Part B Permit Application, Permit Modifications, and Special Permits). These assumptions are reflected in Exhibit 1. Option 3: Revise the 2008 DSW Exclusion for Generator - Controlled Recycling EPA estimates that 86 generators will be eligible for the DSW exclusion for generatorcontrolled recycling during the period 2015 - 2017 covered b y this ICR. This calculation is described in greater detail in Section 6(d)(1) of this I CR. Recordkeeping and Speculative Accumulation Base d on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 86 generators will be required to label containers in primary and satellite accumulation areas under the revised generator - controlled exclusion. EPA assumes the proportion of the 86 facilities that are large and small quantity generators will be similar to the proportion of large and small quantity generators in the total count of facilities transferring offsite (2 ,811 and 1,185 out of 3,996, respectively) 13 . Applying this proportion, 60 facilities are large quantity generators and 26 facilities are small quantity generators. EPA assumes that large quantity generators will require more time for labeling than small qu antity

generators due to the scale of their respective operations. EPA estimates that all 86 facilities must document compliance with the 360 day accumulation limit and with the maximum accumulation volume of two shipments. The RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste did not estimate the costs associated with these three activities. Burden per respondent for labeling containers is assumed to be equivalent to burden for labeling cont ainers for LQGs and SQGs given in EPA ’ s 2008 I CR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)). EPA assumes burden per respondent for keeping inventory logs demonstrating that at least 75% of material by weight or volume is transferred to a different site for recycling each calendar year to be equivalent to the burden for documenting that storage procedures are satisfied under the speculative accumulation provisions of the proposed revisions to the pre - 2008 DSW exclusions, as described in the 2011 RIA for this rulemaking. These assumptions are reflected in Exhibit 1. Recordkeeping for the Tolling Provision EPA estimates that 29 generators operating under the exclusions at 261.2(a)(2)(ii) and 261.4(a)(23) each partner with a tolling manufacturer . Both the generator and the contractor must maintain records of all hazardous secondary materials shipped pursuant to the tolling arrangement. EPA estimates that burden per respondent for these recordkeeping requirements will be similar to recordkeeping requirements for generators operating under the exclusion at 40 CFR 261.4(a)(24) given in EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste).These assumptions are reflected in Exhibit 1.

13 Ibid.36

Option 4 : Revi s e the 2008 DSW Definition o f “ Legitimate ” Recycling EPA estimates that 10, 25 3 facilities will perform new recordkeeping activities as a result of the codification of legitimacy factors for all recycling and that 5 13 facilities will perform new recordkeeping activities as a result of making all legitimacy factors mandatory . This calculation is described in greater detail in Section 6(d)(1) of this IC R supporting statement . Legitimacy

Codified for All Recycling Facilities must prepare either submit a legitimacy petition or document leg itimacy of recycling meeting the requirements specified in 40 CFR 260.43. Legitimacy Documentation Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA assumes that 10,25 3 faci lities will need to document legitimacy

of recycling and prepare a certification statement. EPA estimates that one - third will choose to do this using an in - house employee audit, one third will choose to do this using an outside vendor, and one third will c hoose to use readily available information ( 3,418 facilities in each category). Because this activity occurs onl y once in the three ye ar ICR period, the annual equivalent number of facilities is 1,139. Facilities will also be required to repeat these effor ts at least once every

three years. However, EPA assumes that no facilities will repeat these efforts more frequently than once every three years, and therefore no facilities will be required to repeat these efforts between 2015 and 2017. Facilities will be required to maintain documentation and certification for three ye ars and to make this information available upon request. EPA assumes that one - third of the burden falls on each ye ar of the three - ye ar period, and therefore that an equivalent of one - third of the 10,25 3 facilities ( 3, 418 ) will perform this activity annually . Based on pages 107 and 108 of EPA ’ s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste), EPA assumes that 60% of facilities do not currently perform similar activitie s as part of standard business practices and that 30% of facilities will be required to submit documents. Therefore, 1,846 facilities will be required to submit this information. EPA estimated burden per respondent for legitimacy documentation according to estimates given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, which were based on EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste). These assumptions are reflected in Exhibit 1. All L egitimacy

Factors Mandatory Legitimacy Petition Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA assumes that only 5% ( 513 ) of the 10,25 3 f acilities will prepare and submit a legitimacy petition, and that these facilities will modify a product, production process, or recycling every five years, requiring a new submission. On an annualized basis, this represents a total of 103 facilities. EPA estimated burden per respondent according to estimates given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, which were based on37

EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA De finition of Solid Waste). These assumptions are reflected in Exhibit 1. Option 5 : Revise the 2008 DSW Non - Waste Determination Petition Process and Modify the 1985 Partial Recycling Variance EPA estimates that four generators will apply for the 1985 partial recycling variance and seven will apply

for non - waste determinations under the 2008 petition process during the period 2015 - 2017 covered b y this I CR. This calculation is described in greater detail in Section 6(d)(1) of this I CR. Re - Application if Material No L onger Meets Non - Waste or Variance Criteria Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that there will be an average of seven new non - waste determinati ons per ye ar under the 2008 petition process , for a total of 56 during the IC R period 2015 - 2017, of which 5% will need to re - apply during the I CR period (3). EPA also estimates that there will be four variance re - applications annually under 40 CFR 260.33(c ) 14

. Burden per facility for the non - waste determination is assumed to be equivalent to burden for re - application for non - waste determination in EPA I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste) . Burden per facility for the partial recyc ling variance is assumed to be equivalent to burden for application for this variance in existing EPA ICR No. 1189.20 (Identification, Listing and Rulemaking Petitions). These assumptions are reflected in Exhibit 1. Re -Notification for Solid Waste Variance s and Non - Waste Determinations Facilities with either a solid waste variance or a non - waste determination will need to re notify every even - numbered year under the proposed revisions to 40 CFR 260.33(d). This includes the four annual solid waste variances and seven annual non - waste determinations described in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste. Since re - notification will only occur in even - numbered ye ars, of which onl y one o ccurs between 2015 and 2017, an average of one - third of these 11 notifiers (4) will notify

on an annual basis. Based on EPA ’ s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste), EPA estimates that, each ye ar, five percent of entities ( 0.6) will re - notify because they stopped operating under the exclusion. EPA estimates that burden per respondent for these two re - notification activities will be similar to the cost to re - notify for a non - waste determination given in EPA ’ s 2008 I CR No. 231 0.01 (Revisions to the RCRA Definition of Solid Waste). These assumptions are reflected in Exhibit 1. Revisions to Partial Reclamation Variance Facilities appl yi ng for partial reclamation variances will be required to meet a revised list of five factors t o obtain the variance. EPA estimates that there are an average of four variance applications annuall y under 40 CFR 260.31(c), based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste , and

14 This estimate is the average of the low and high estimates of variance re - appli cations given in the RIA (zero and eight, respectively).38

the facilities appl yi ng for these variances will be required to document that their applications meet these five factors. Because the revisions involve clarifications of existing factors and removal of a sixth factor, EPA estimates burden per activity for each applicant for the five remaining factors remains the same as burden given in existing EPA I CR No. 1189.20 (Identification, Listing and Rulemaking Petitions). These assumptions are reflected in Exhibit 1. Change to Non - Waste Determination Process F acilities seeking a non - waste determination under 40 CFR 260.34 will be required to demonstrate wh y the y cannot or should not meet existing exclusions to the definition of solid waste. EPA estimates seven facilities will seek non - waste determinations each ye ar. EPA estimates burden per activity for each applicant is similar to the burden given for providing information about “ other relevant factors ” for a partial reclamation variance under existing EPA ICR No. 1189.20 (Identification, L isting and Rulemaking Petitions). These assumptions are reflected in Exhibit 1. Option 6: Add a New “ Re - Manufacturing ” DSW Exclusion EPA estimates that four generators will apply for the proposed re - manufacturing exclusion. This calculation is described in greater detail in Se ction 6(d)(1) of this I CR. Petition Process Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that five percent of the 4 eligible generators in re - manufacturing NA ICS codes described in the RIA will file a petition to add chemicals or industrial and/or chemical functions to the exclusion, which will also require sampling and anal yt ical costs to document hazardous secondary material characterization. 15 The assumptions underlying the estimated number of generators is described in greater detail in Section 6(d)(1) of this I CR (Respondent Universe). Also based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Sol id Waste, EPA estimates that these petitions are submitted an average of once every five years. On an annual basis, 0. 04 facilities will perform each of these two activities. EPA estimated burden per respondent according to estimates given in the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste. These assumptions are reflected in Exhibit 1. Generator Notification Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 4 eligible generators in manufacturing NAICS codes will submit initial notification prior to re - use under the re manufacturing exclusion over three years. On an annual basis, this is the equivalent of one notification. These generators will be required to re - submit on subsequent even - numbered years, of which there is one during the period 2015 - 2017, indicating that these same four generators will re - submit during that year, or an average o f one generator per year over the period 2015 - 2017.

15 This estimate is the average of the low and high estimates of the percentage of applicants that will petition given in the 2011 RIA (zero and ten, respectively).39

Based on EPA ’ s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste), EPA estimates that, each ye ar, five percent of generators (0. 2 ) will re - notify because they stopped operating under the exclusion. EPA estimates that burden per respondent for these three notification activities will be similar to the cost to notify under a 2008 DSW exclusion given in EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste). These as sumptions are reflected in Exhibit 1. Re
- manufacturing Plan Re - manufacturing plans are prepared by the generator and the re - manufacturer. EPA assumes each of the four generators will work with a single re - manufacturer. Based on this information, EPA estimates that one generator per year will be required to make advance arrangements for re - manufacturing and to prepare a re - manufacturing plan in accordance with the proposed re - manufacturing exemption. Generators will be required to maintain this plan on - site for three years, and therefore the equivalent of one - third of generators ( 1 ) will perform this activity on an annual basis. EPA estimates that generators will submit contractual arrangements with every twentieth shipment. Because each generator will ship an average of 10.6 shipments per year, an average of 53% of facilities ( 2 ) will be required to submit contractual arrangements in a single ye ar. Although the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste did not estimate burden for these requirements, EPA estimates burden per respondent for each of these four re - manufacturing plan activities to be equivalent to burden for notification of intent to export in EPA ’ s 2008 I CR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)), similar to reclamation plan requirements under the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials described previously in this chapter. These assumptions are reflected in Exhibit 1. Record of Shipments and Confirmations of Receipts Facilities operating under the proposed re - manufacturing exclusion will be required to maintain records of shipments and confirmations of receipts for a three - ye ar period from the date of shipment. EPA esti mates that 4 eligible facilities will be required to maintain these records over three years, and that each facility will produce 10.6 shipments per year. On an annual basis, one facility will produce a total of 10.6 shipments per year and will perform eac h of these two activities with each shipment. EPA estimates that burden per respondent for these recordkeeping requirements will be similar to recordkeeping requirements for generators operating under the exclusion at 40 CFR 261.4(a)(24) given in EPA ’ s 20 08 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste).These assumptions are reflected in Exhibit 1. Management in Tanks and Containers EPA estimates that the 4 facilities operating under the proposed re - manufacturing exclusion will be requi red to label or record in a log materials stored in tanks or containers prior40

to manufacturing. This cost is estimated on an annual basis and is assumed to require a similar level of effort to documenting compliance with accumulation limitation provisions of the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials, described previously

in this section. These assumptions are reflected in Exhibit 1. No Speculative Accumulation EPA assumes that all facilities eligible for the proposed re - manufacturing exclusion are already required to comply with the speculative accumulation provisions of RCRA Subtitle C. Therefore, no additional facilities will be required to comply with these provisions. This assumption is reflected in Exhibit 1. Techni cal Standards and NESHAPs Generators will be required to comply with technical standards covered by existing EPA ICR 1572: Hazardous Waste Specific Unit Requirements and Special Waste Processes and Ty pes and with air pollution standards covered b y existing EPA ICRs 820: Hazardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers. This burden is estimated in Exhibit 3. Re - Manufacturer Notification Based on the RIA for EPA ’ s 2011 Proposed Revisions to the In dustrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 4 eligible re manufacturers in manufacturing NAICS codes will submit initial notification prior to re - use under the re - manufacturing exclusion over three years. On an annual basis, this is the equivalent of one notification. These re - manufacturers will be required to re - submit on subsequent even numbered ye ars, of which there is one during the ICR period 2015 - 2017, indicating that these same four re - manufacturers will re - submit during that year, or an average of one re - manufacturer per year over the period 2015 - 2017. Based on EPA ’ s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste), EPA estimates that, each ye ar, five percent of re - manufacturers (0 . 2 ) will re - notify because they

stopped operating under the exclusion. EPA estimates that burden per respondent for these three notification activities will be similar to the cost to notify under a 2008 DSW exclusion given in EPA ’ s 2008 I CR No. 2310.01 (Re visions to the RCRA Definition of Solid Waste). These assumptions are reflected in Exhibit 1. Re
- manufacturing Plan Re - manufacturing plans are prepared by the generator and the re - manufacturer. EPA assumes the number of re - manufacturers is equivalent to th e number of generators. Based on this information, EPA estimates that one re - manufacturer per year will be required to make advance arrangements with a generator and to prepare a re - manufacturing plan in accordance with the proposed re - manufacturing exemption. Re - manufacturers will be required to maintain this plan on - site for three ye ars, and therefore the equivalent of one - third of re - manufacturers ( 1 ) will perform this activity on an annual basis.41

EPA estimates that re - manufacturers will submit contractu al arrangements with every twentieth shipment. Because each generator will ship an average of 10.6 shipments per year, and the number of generators and re - manufacturers is assumed to be equal, an average of 53% of facilities ( 2 ) will be required to submit contractual arrangements in a single year. Although the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste did not estimate burden for these requirements, EPA estimates burden per respondent f or each of these four re - manufacturing plan activities to be equivalent to burden for notification of intent to export in EPA ’ s 2008 I CR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)), similar to reclamation plan requirements under the propose d Alternative Subtitle C Standard for Hazardous Recyclable Materials described previously in this chapter. These assumptions are reflected in Exhibit 1. Record of Shipments and Confirmations of Receipts Re - manufacturers operating under the proposed re - manufacturing exclusion will be required to maintain records of shipments and confirmations of receipts for a three - year period from the date of shipment. EPA estimates that 4 eligible facilities will be required to maintain these records over three years, an d that each facility will produce 10.6 shipments per year. On an annual basis, one re - manufacturer will produce a total of 10.6 shipments per year. These assumptions are reflected in Exhibit 1. EPA estimates that burden per respondent for these recordkeeping requirements will be similar to recordkeeping requirements for generators operating under the exclusion at 40 CFR 261.4(a)(24) given in EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste). Management in Tanks and Containers EPA estimates that the 4 re - manufacturers operating under the proposed re manufacturing exclusion will be required to label or record in a log materials stored in tanks or containers prior to re - manufacturing. This cost is estimated on an annual basis and is a ssumed to require a similar level of effort to documenting compliance with accumulation limitation provisions of the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials. These assumptions are reflected in Exhibit 1. No Speculative A ccumulation EPA assumes that all re - manufacturers eligible for the proposed re - manufacturing exclusion are already required to comply with the speculative accumulation provisions of RCRA Subtitle C. Therefore, no additional facilities will be required to c omply with these provisions. This assumption is reflected in Exhibit 1. Technical Standards and NESHAPs Generators will be required to comply with technical standards covered by existing EPA ICR 1572: Hazardous Waste Specific Unit Requirements and Special Waste Processes and Ty pes and with air pollution standards covered b y existing EPA ICRs 820: Hazardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers. This burden is estimated in Exhibit 3.42

Option 7 : Revise the Pre - 2008 DSW Recycling Exclusions EPA estimates that 5,321 facilities eligible for pre - 2008 DSW recycling exclusions will be affected b y the proposed revisions. This calculation is described in greater detail in Section 6(d)(1) of this I CR. Co ntained Standard Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 5,321 facilities will be required to expend time reading the rule to compl y with new requir ements, and that changeover in staff and/or refreshing existing staff will occur approximately once every

three years, annually this includes 1,774 facilities. The burden estimate per respondent for this activity is also based on the 2011 RIA. These assump tions are reflected in Exhibit 1. Notification Based on the RIA for EPA ’ s 2011 Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 5,321 eligible generators in will submit initial notification prior to operating under an existing exclusion over three ye ars. Since initial notification is a one - time event, EPA annualized the number of facilities over the life of the ICR to 1,774 notifications. These generators will be required to re - submit on sub sequent even - numbered years, of which there is one during the period 2015 - 2017, indicating that the same 5,321 generators will re - submit during that year, which EPA annualized to 1,774 generators per ye ar over the period 2015 - 2017. Based on the 2011 RIA, EPA estimates that each year, five percent of the 5,321 generators (266) will re - notify because they

stopped operating under an exclusion. EPA estimates that burden per respondent for these three notification activities will be similar to the cost to notif y for a non - waste determination given in EPA ’ s 2008 I CR No. 2310.01 (Revisions to the RCRA Definition of Solid Waste). These assumptions are reflected in Exhibit 1. Recordkeeping for Speculative Accumulation Based on the RIA for EPA ’ s 2011 Proposed Revisio ns to the Industrial Recycling Exclusions of the RCRA Definition of Solid Waste, EPA estimates that 5,321 facilities will be required to label containers in satellite and accumulation areas under the proposed revisions to the pre - 2008 DSW Recycling Exclusi ons. EPA estimates that 5,321 facilities must demonstrate that no speculative accumulation is occurring. This includes preparing procedures to ensure waste is not stored for more than a year and documenting that these procedures are satisfied, as well as preparing a description of waste generation and management practices and documenting that the unit is emptied at least once annually . Documentation is estimated on an annual basis; preparing procedures and description only occur once each and therefore the 5,321 facilities are annualized over the three - year ICR period to 1,774 facilities for these two activities. The 2011 RIA estimated the burden and costs per respondent for six activities related to labeling and documentation . The RIA based its assumptions on EPA ’ s 2008 I CR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)). These assumptions are reflected in Exhibit 1.43

(3) Annual Respondent Hour and Cost Impacts under Existing Paperwork Requirements Several requirements are preserved from EPA ’ s I CR 2310.01 (2008 Revisions to the RCRA Definition of Solid Waste). These include notification requirements under the generator controlled exclusion, certifications for generator - controlled recycling, and application and re application requirements for non - waste determinations. Hourly burdens for these requirements were retained from ICR 2310.01, with labor rates and O&M costs updated to current - ye ar dollars. Respondent burdens for these requirements are presented in Exhibit 2. Several new exemptions will re quire facilities to comply with provisions of existing RCRA - related ICRs with which they may not already

comply . As a result, these entities will see some burden impacts under the existing paperwork requirements. Exhibit 3 presents the total annual burden under the proposed rule ’ s paperwork requirements, as well as the annual burden impacts under the existing paperwork requirements. The impacts under the existing requirements are presented according to the approved ICR in which the requirements are addresse d. Below is a brief discussion of these ICRs: 

###  2008 Revisions to the RCRA Definition of Solid Waste (EPA I CR No. 2310.01). Respondents and government agencies will no longer need to comply with the withdrawn 2008 DSW exclusion for offsite transfer recyclin g. Nevertheless, the requirements from 2008 that are listed in Exhibits 2 and 5 continue.  Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest Sy stem (EPA I CR No. 801). EPA estimates that generators operating under the proposed Alternative Subtitle C Standard for Hazardous Recyclable Materials will see additional burden due to having to manifest shipments of hazardous secondary materials transferred offsite.  Hazardous Waste Generator Standards ( EPA ICR No. 820). EPA estimates that generators and re - manufacturers operating under the proposed re - manufacturing exclusion will see additional burden from complying with air quality standards.  Hazardous Waste Specific Unit Requirements and Special Waste Processes and Ty pes (EPA ICR No. 1572). EPA estimates that generators and re - manufacturers operating under the proposed re - manufacturing exclusion will see additional burden from complying with technical standards for tanks and containers.  Air Emission St andards for Tanks, Surface Impoundment and Containers (EPA ICR No. 1593). EPA estimates that generators and re - manufacturers operating under the proposed re - manufacturing exclusion will see additional burden from complying with NESHAP standards for tanks and containers. 6(e) Bottom Line Hour and Cost Burden (1) Respondent Tally As shown in Exhibit 3, EPA estimates the total annual burden to respondents under the new paperwork requirements to be 84, 590 hours and $ 4,456, 294 in O&M costs ( $10, 277,107 , includin g labor costs). Burden and costs continuing from the 2008 ICR include 1, 046 hours and $ 187 O&M ($ 72, 614 , including labor costs), respectively . The total annual burden and O&M44

costs comparable to the 2008 I CR inventory would be 8 5, 635 hours and $ 4,45 6, 481 , or 256,905 hours and $ 13,369,443 over three years. EPA estimates that the proposed 2011 revisions to the DSW rule will also affect other related ICRs, increasing their annual burden and costs by 1, 240 hours and $ 8,648 O&M ($ 79,392 , including labor costs), respectively . The total annual respondent burden and cost as a result of the rule, including impacts to associated ICRs, would be 86,876 hours and $ 4,465, 129 O&M ($ 10, 429,113 , including labor costs), respectively . Note : The burden estimates in Exhibits 1 through 3 are based on an assumption that all states will adopt the final rule. EPA notes, however, that authorized states are not required to adopt the final rule. Because of this, some states may not adopt it and others may adopt only parts of it, which w ould affect the actual burden under the rule. (2) Agency Tally As shown in Exhibit 4, EPA estimates the total annual burden to the government under the new paperwork requirements to be 43, 863 hours and $1, 707 in O&M costs ($2, 385,917 , including labor costs ). Burden and costs continuing from the 2008 ICR include 1, 107 hours and $ 27 in O&M ($ 60,225 , including labor costs), respectivel y. The total annual burden and O&M costs comparable to the 2008 I CR inventory would be 44, 971 hours and $ 1,734 in O&M costs , or 134,913 hours and $5,202 in O&M costs over three ye ars. EPA estimates that the proposed 2011 revisions to the DSW rule will also affect other related ICRs, increasing their annual burden b y 12 hours ($ 481 labor costs), but no new O&M costs. The total annu al agency burden and cost as a result of the rule, including impacts to associated ICRs, would be 44, 982 hours and $1, 734 O&M ($2, 444,889 , including labor costs), respectivel y. Note : The burden estimates in Exhibits 3 and 4 are based on an assumption that all states will adopt the final rule. EPA notes, however, that authorized states are not required to adopt the final rule. Because of this, some states may not adopt it and others may adopt only

parts of it, which would affect the actual burden under the r ule. 6(f) Reasons for Change in Burden The table below summarizes the current OMB inventory for the 2008 DSW I CR, the changes in burden estimated under the 2011 proposed rule, and the new total burden for this ICR should the proposed revisions to the DSW r ule be finalized. Annualized Burden Hours Annualized Capital and O&M Costs Current OMB inventory 20,403 $556,562 Change in burden 65,232 $3,899,919 New burden for DSW I CR 85,635 $4,456,481 The change in burden is due primaril y to proposed program changes, with additional adjustments to wages and costs due to inflation. The proposed revisions to the DSW recycling exclusions are in response to a January 2009 petition submitted to the EPA by the Sierra Club (San Francisco, CA), claiming potential increas es in risks to human health and the environment45

associated with recycling of DSW - excluded industrial hazardous secondary materials. These proposed revisions are intended to ensure that the exclusions, as implemented, encourage recycling in industrial operations under conditions necessary to protect human health and the environment from potential mismanagement of hazardous secondary materials

– e.g., if such hazardous materials destined for recycling instead become discarded or otherwise mismanaged, resultin g in potentially

harmful environmental releases of the hazardous materials. Some proposed revisions potentially affect EPA ’ s October 2008 DSW recycling exclusions, while other proposed revisions potentially affect pre - 2008 DSW recycling exclusions which date between 1985 and 1998. Following is a brief summary of the proposed revisions:  Option 1

– Wi thdraw the 2008 DSW Exclusion for Offsite Transfer Recycling  Option 2

– Implement Alternative RCRA Subtitle C Regulation for Offsite Transfer Recycling  Option 3

– Revise the 2008 DSW Exclusion for Generator Controlled Recycling  Option 4

– Revise the 2008 DSW Definition of “ Legitimate ” Recycling  Option 5

– Revise the 2008 DSW Non
- Waste Determination Petition Process and Modify the 1985 40 CFR 260.31(c) DS W Variance for Partially Recycled Materials  Option 6

– Add a new “ Re
- Manufacturing ” DSW Exclusion (aka “ Green Engineering ” Exclusion)  Option 7

– Revise pre
- 2008 DSW Recycling Exclusions &Exemptions The proposed rule would also yield an annual respondent burden incr ease of 1, 240 hours and $ 8,648 O&M in other related IC Rs. 6(g) Public Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 5 hours per response. Generators that implement alternative RCRA Subtitle C requirements for offsite transfer recycling have a new annual reporting burden of 13.9 hours per response and an average annual recordkeeping burden of 0.9 hour per response. Generators that pursue the exclusion for generator controlled recycling have an average annual recordkeeping burden of 0.4 hours per response and no reporting burden. To comply

with new requirements regarding legitimate recycling, respondents that have an average new annual reporting burden of 5.9 hours per response and no recordkeeping burden . Respondents that pursue solid waste variances and non - waste determinations have an average new annual reporting burden of 29.8 hours per response and no recordkeeping burden. Respondents that pursue the re - manufacturing exclusi on have an average new reporting burden of 1.0 hour per response and an average new annual recordkeeping burden of 0.2 hour per ye ar. Respondents that comply with additional new recycling exclusions and exemptions have an average new reporting burden of 1. 3 hours per response and average new recordkeeping burden of 0.9 hour per response. Burden means the total time, effort, or financial resources expended b y persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency . This46

includes the time needed to review instructions; develop, acquire, install, and utilize technology and sy stems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providin g information; adjust the existing way s 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; an d 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 display s a currently

valid OMB control number. The OMB control numbers for EPA ’ s regul ations 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 col lection techniques, EPA has established a public docket for this I CR under Docket ID Number EPA - HQ - RCRA - 2010 - 0742 , which is available for online viewing at www.regulations.gov, or in person viewing at the Resource Conservation and Recovery Act (RCRA) Docke t 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 holiday s. The telephone number fo r the Reading Room is (202) 566 - 1744, and the telephone number for the Resource Conservation and Recovery Act (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 sy stem, select “ search, ” then key in the Docket ID Number identified abov e. 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 - 2010 - 0742 and OMB Control Number 2050 - 0202 in any correspondence.47

Exhibit 1 Estimated Annual Respondent Hour and Cost Burden - New Paperwork Requirements Revisions to the Definition of Solid Waste* Hours and Costs Per Respo ndent Total Hours and Costs Legal Managerial Technical Clerical Hours/ Activity Labor

Costs/ Activity Capital

Costs O&M

Costs No. of

Respond./ Activities Total

Hours/Year Total Cost/Year Information Collection A ctivity $133.55 $101.82 $69.41 $24.7 0 Al ternative Subtitle C Regulation for Hazardous Recyclable Materials For Offsite Transfer Recycling Exclusion (Option 2) Notification Prepare and submit a notification prior to operating under alternative Subtitle C standard 0.00 0.10 0.30 0.10 0.50 $33.48 $0.00 $0.44 26 13 $893.23 Update and submit notification by March 1 of each even numbered year thereafter 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 26 3 $76.63 Update and submit notification that the hazardous secondary materials are no lo nger managed in accordance with the the alternative Subtitle C standard 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 4 0 $11.49 Reclamation Plan Make advance arrangements for reclamation 0.00 0.00 1.50 0.00 1.50 $104.12 $0.00 $0.55 26 40 $2,756.31 Prepare reclamation plan 0.00 0.10 0.30 1.34 1.74 $64.11 $0.00 $0.00 26 46 $1,688.23 Maintain reclamation plan on - site for a minimum of three years 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 26 1 $32.65 Submit reclamation plan upon request 0.00 0.00 0.00 0.16 0 .16 $3.95 $0.00 $0.44 42 7 $183.62 Ma nagement Standards (Labeling and Compliance) Label containers in satellite accumulation area 0.00 0.00 0.50 0.00 0.50 $34.71 $0.00 $0.00 79 40 $2,742.09 Label containers in 360 - day accumulation area 0.00 0.00 1.00 0. 00 1.00 $69.41 $0.00 $0.00 79 79 $5,483.39 Prepare procedures to ensure waste is stored no more than one year and maximum accumulation volume is two standard shipments 0.00 0.00 1.00 0.10 1.10 $71.88 $0.00 $0.00 26 29 $1,892.84 Document that storage proc edures are satisfied 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 79 20 $1,370.65 Large Quantity

Generator Personnel Training Collect job - related data 0.00 0.00 0.00 0.50 0.50 $12.35 $0.00 $0.00 6 3 $68.63 Maintain information at facility 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.00 6 1 $13.7348

Contingency

Plan and Planning Procedures Collect data required in contingency plan 0.00 0.00 2.00 1.00 3.00 $163.53 $0.00 $0.00 6 17 $908.78 Document whether authorities decline arrangement 0.00 0.00 0.00 0.10 0.1 0 $2.47 $0.00 $0.00 6 1 $13.73 Wr ite contingency plan 0.00 0.00 6.00 2.00 8.00 $465.89 $0.00 $0.00 6 44 $2,589.08 Maintain contingency plan 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.00 6 1 $13.73 Submit contingency plan to relevant emergency centers 0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $4.07 6 1 $44.57 Amend contingency plan when appropriate 0.00 0.00 1.00 1.00 2.00 $94.12 $0.00 $0.11 6 11 $523.66 Emergency

Procedures Collect information required in emergency report 0.00 0.00 1.00 1.00 2.00 $94.12 $0.00 $0.00 6 11 $523.05 Wr ite emergency report 0.17 0.00 1.00 0.00 1.17 $92.12 $0.00 $0.00 6 7 $511.94 Call OSC or notify NRC; notify local authorities if advisable 0.00 0.10 0.90 0.00 1.00 $72.65 $0.00 $10.38 6 6 $461.42 Notice of Compliance Collect infor ma tion required in emergency report 0.00 0.00 0.50 0.50 1.00 $47.06 $0.00 $0.00 6 6 $261.53 Wr ite emergency notification report 0.17 0.00 0.50 0.50 1.17 $69.76 $0.00 $0.00 6 7 $387.68 Submit report to Regional Administrator 0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $0.99 6 1 $27.45 Compile information demonstrating compliance 0.00 0.00 0.50 0.50 1.00 $47.06 $0.00 $0.00 6 6 $261.53 Small Quantity

Generator Personnel Training Collect job - related data 0.00 0.00 0.00 0.50 0.50 $12.35 $0.00 $0.00 2 1 $28.93 Ma intain information at facility 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.00 2 0 $5.79 Emergency

Procedures Observe scene of hazardous waste discharge 0.00 0.00 0.50 0.00 0.50 $34.71 $0.00 $0.00 2 1 $81.32 Report by phone requested data for NRC 0.00 0.00 0 .50 0.00 0.50 $34.71 $0.00 $5.19 2 1 $93.47 Document that local officials declines to enter into arrangements for coordinating response 0.00 0.00 0.10 0.00 0.10 $6.94 $0.00 $0.00 2 0 $16.26 Providing post emergency information by phone 0.00 0.00 0.00 0.1 0 0.10 $2.47 $0.00 $0.00 2 0 $5.79 Notice of Compliance Collect information required in emergency report 0.00 0.00 0.33 0.33 0.67 $31.37 $0.00 $0.00 2 1 $65.92 Wr ite emergency notification report 0.11 0.00 0.33 0.33 0.78 $46.51 $0.00 $0.00 2 2 $97.73 S ubmit report to Regional Administrator 0.00 0.00 0.00 0.11 0.11 $2.64 $0.00 $0.99 2 0 $7.63 Compile information demonstrating compliance 0.00 0.00 0.33 0.33 0.67 $31.37 $0.00 $0.00 2 1 $65.9249

Ma nifest Requirements Respondents will be required to complete manifests under existing requirements of ICR 801: Requirements for Generators, Transporters, & Waste Management Facilities Under the RCRA Haz ardous Wa ste Manifest System. This burden is calculated in Exhibit 3
. TSDFs Continuation of RCRA Permits Read the regulations 2.00 1.00 1.00 0.00 4.00 $438.32 $0.00 $0.00 19 76 $8,284.25 Complete and submit Part B renewal application 5.00 15.00 80.00 12.00 112.00 $8,044.51 $0.00 $0.44 19 2,117 $152,049.56 Revisions to the Generator - Controlled Exclusion for Hazardous Secondary Materials (Option 3) Recordkeeping and Speculative Accumulation Large Quantity Generators Label containers in satellite accumulation area with start date 0.00 0.00 0.50 0.00 0.50 $34.71 $0.00 $0.00 60 30 $2,099.85 Label containers in acc um ulation area with start date 0.00 0.00 1.00 0.00 1.00 $69.41 $0.00 $0.00 60 60 $4,199.10 Inventory logs must demonstrate that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar year 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 60 15 $1,049.62 Small Quantity Generators Label containers in satellite accumulation area with start date 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 26 6 $442.48 Label containers in accumulation area with st art date 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 26 6 $442.48 Inventory logs must demonstrate that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar year. 0.00 0.00 0.25 0.00 0.2 5 $17.35 $0.00 $0.00 26 6 $442.48 Recordkeeping for the Tolling Provision Tolling contractor must maintain at its facility for no less than three years records of all hazardous secondary materials received pursuant to the written contract with the tollin g manufacturer. 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 29 1 $35.42
Tolling manufacturer must maintain at its facility for no less than three years records of hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 29 1 $35.4250

Revisions to the Definition of Legitimacy (Option 4) Legitimacy

Codified for All Recycling Legitimacy Documentation Prepare documentation and certification statement - using in - house employe e audit 0.00 2.00 14.00 4.00 20.00 $1,274.24 $0.00 $646.66 1,139 22,784 $2,188,331.97 Prepare documentation and certification statement - using outside vendor 0.00 2.00 4.00 0.00 6.00 $481.29 $0.00 $3,233.31 1,139 6,835 $4,231,754.87 Prepare documentatio n and certification statement - using readily available information 0.00 2.00 4.00 0.00 6.00 $481.29 $0.00 $0.00 1,139 6,835 $548,296.26 Repeat at least every three years - using in house employee audit 0.00 2.00 14.00 4.00 20.00 $1,274.24 $0.00 $646.66 0 0 $0.00 Repeat at least every three years - using outside vendor 0.00 2.00 4.00 0.00 6.00 $481.29 $0.00 $3,233.31 0 0 $0.00 Repeat at least every three years - using readily available information 0.00 2.00 4.00 0.00 6.00 $481.29 $0.00 $0.00 0 0 $0.00 M aintain for a minimum of three years documentation and certification 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 3,418 171 $4,237.91 Make documentation and certification available upon request by a regulatory authority within 72 hours, or within a longer p eriod of time as specified by the regulatory authority 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 615 62 $1,790.17 Al l Legitimacy

Factors Mandatory Legitimacy Petition Prepare and submit a legitimacy petition 4.00 4.00 130.00 8.00 146.00 $10,162.84 $0.0 0 $22.83 103 14,969 $1,044,336.75 Sampling and analytical costs for hazardous secondary material characterization 0.00 0.00 2.00 0.00 2.00 $138.83 $0.00 $306.09 103 205 $45,617.65 Revisions to Solid Waste Variances and Non - Wa ste Determinations (Option 5) Re - Ap plication if Material No Longer Meets Relevant Variance Criteria Prepare and submit a re - application 0.00 0.00 75.00 0.00 75.00 $5,206.01 $0.00 $25.87 4 300 $20,927.52 Re - Ap plication if Material No Longer Meets Relevant Non - Waste Determination Cri teria Prepare and submit a re - application 2.00 2.00 65.00 4.00 73.00 $5,081.42 $0.00 $25.87 3 204 $ 14,300.41 Re - Notification Update and submit notification by March 1 of each even numbered year thereafter 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 4 0 $10.67 Update and submit notification that the hazardous secondary materials are no longer managed in accordance with the solid waste variances and non -waste determinations 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 0.6 0 $1.60 Variance From Classificati on as a Solid Waste (260.31(c) and 260.33(a)) Provide information on whether the degree of partial reclamation the material has undergone is substantial. 0.00 0.00 40.00 0.00 40.00 $2,776.54 $0.00 $25.87 4 160 $11,209.6451

Provide information on whether th e partially - reclaimed material has sufficient economic value that it will be purchased for final reclamation 0.00 0.00 16.00 0.00 16.00 $1,110.62 $0.00 $0.00 4 64 $4,442.48 Describe whether the partially - reclaimed ma terial is a viable substitute for a pro duct or intermediate, produced from virgin or raw ma terials, which feeds subsequent production steps. 0.00 0.00 40.00 0.00 40.00 $2,776.54 $0.00 $0.00 4 160 $11,106.16 Examine whether there is a guaranteed end market for the partially - reclaimed material 0 .00 0.00 20.00 0.00 20.00 $1,388.27 $0.00 $0.00 4 80 $5,553.08 Describe whether the partially - reclaimed ma terial is handled to minimize loss 0.00 0.00 6.00 0.00 6.00 $416.48 $0.00 $0.00 4 24.00 $1,665.92 Change to Non -

Waste Determination Demonstrate res pondent cannot or should not meet the existing DSW exclusions 0.00 0.00 20.00 0.00 20.00 $1,388.27 $0.00 $0.00 7 140 $9,717.89 Re - Manufacturing Exclusion (Option 6) Petition Process Prepare and submit petition to add certain chemicals, industries, and/o r chemical function uses to the re - manufacturing criteria 4.00 4.00 130.00 8.00 146.00 $10,162.84 $0.00 $22.83 0.04 5.84 $407.43 Sampling and analytical costs for hazardous secondary material characterization 0.00 0.00 2.00 0.00 2.00 $138.83 $0.00 $306.09 0.04 0.08 $17.80 Ad ditional Exclusion Conditions Generator Notification Prepare and submit a notification prior to re - use under the re - manufacturing exclusion. 0.00 0.10 0.30 0.10 0.50 $33.48 $0.00 $0.44 1 1 $45.23 Update and submit notification by M arch 1 of each even numbered year thereafter 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 1 0 $3.88 Update and submit notification that the hazardous secondary materials are no longer managed in accordance with the re - manufacturing exclusion 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 0.2 0 $0.58 Re -manufacturing Plan Make advance arrangements with re - manufacturer 0.00 0.00 1.50 0.00 1.50 $104.12 $0.00 $0.55 1 2 $139.56 Prepare re - manufacturing plan jointly with re - manufacturer 0.00 0.10 0.30 1.34 1.74 $6 4.11 $0.00 $0.00 1 2 $85.48 Maintain re - manufacturing plan 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 1 0 $1.65 Submit re - manufacturing plan upon request 0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $0.44 2 0 $9.30 Record of Shipments and Confirmations of Recei pts Maintain records of shipments for a period of three years from the dates of shipments. 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 14 1 $17.5152

Maintain records of confirmations of receipts for a period of three years from the dates of shipments. 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 14 1 $17.51 Management in Tanks and Containers Label or record in a log materials being stored in tanks and containers prior t o re manufacturing 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 4 1 $69.40 Technical Stand

ards Respondents will be required to comply with technical standards covered by existing EPA ICR 1572: Haz ardous Waste Specific Un it Requirements and Special Waste Processes and Types. This burden is calculated in Exhibit 3
. NESHAP Standards Respondents will be required to comply with air pollution standards covered by existing EPA ICRs 820: Hazardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers. This burden is calculated in Exhibit 3
. No Specu lative Accumulation Label containers in satellite accumulation area with start date 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 0 0 $0.00 Label containers in accumulation area with start date 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 0 0 $0.00 Invento ry logs must demonstrate that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar year. 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 0 0 $0.00 Re - Manufacturer Not ification Prepare and submit a notification prior to re - use under the re - manufacturing exclusion. 0.00 0.10 0.30 0.10 0.50 $33.48 $0.00 $0.44 1 1 $45.23 Update and submit notification by March 1 of each even numbered year thereafter 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 1 0 $3.88 Update and submit notification that the hazardous secondary materials are no longer managed in accordance with the re manufacturing exclusion. 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 0.2 0 $0.58 Re -manufacturing Plan Make advance arrangements with hazardous secondary material generator 0.00 0.00 1.50 0.00 1.50 $104.12 $0.00 $0.55 1 2 $139.56 Prepare re - manufacturing plan jointly with generator 0.00 0.10 0.30 1.34 1.74 $64.11 $0.00 $0.00 1 2 $85.48 Maintain re - manufacturing plan 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00 1 0 $1.65 Submit re - manufacturing plan upon request 0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $0.44 2 0 $9.30 Record of Shipments and Confirmations of Receipts Maintain records of shipments for a period of three years from the dates of shipments. 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.44 14 1 $23.7253

Management in Tanks and Containers Label or record in a log materials being stored in tanks and containers prior t o re manufacturing 0.00 0.00 0.25 0.00 0. 25 $17.35 $0.00 $0.00 4 1 $69.40 Technical Standards Respondents will be required to comply with technical standards covered by existing EPA ICR 1572: Haz ardous Waste Specific Un it Requirements and Special Waste Processes and Types. This burden is calculated in Exhibit 3
. NESHAP Standards Respondents will be required to comply with air pollution standards covered by existing EPA ICRs 820: Hazardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers. This burden is calculated in Exhibit 3
. No Speculative Accumulation Label containers in satellite accumulation area with start date 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 0 0 $0.00 Label containers in accumulation area with start date 0.00 0.00 0.2 5 0.00 0.25 $17.35 $0.00 $0.00 0 0 $0.00 Inventory logs must demonstrate that at least 75% by weight or volume of material being recycled is transferred to a different site for recycling in a calendar year. 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 0 0 $0.00 Revisions to Other Recycling Exclusions and Exemptions (Option 7), i.e., Pre -2008 DSW Exclusions Contained Standard Read the regulations 0.00 1.00 2.50 0.00 3.50 $275.35 $0.00 $0.00 1,774 6,208 $488,379.12 Notification Prepare and submit a notif ication prior to operating under exclusion 0.00 0.10 0.30 0.10 0.50 $33.48 $0.00 $0.44 1,774 887 $60,162.77 Update and submit notification by March 1 of each even numbered year thereafter 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 1,774 177 $5,161.37 Up date and submit notification that the hazardous secondary materials are no longer managed in accordance with the exclusion 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 266 27 $774.21 Recordkeeping for Speculative Accumulation Prepare procedures ensuring wa ste is stored no more than one year 0.00 0.00 1.00 0.10 1.10 $71.88 $0.00 $0.00 1,774 1,951 $127,491.16 Document that storage procedures are satisfied 0.00 0.00 0.25 0.00 0.25 $17.35 $0.00 $0.00 5,321 1,330 $92,319.35 Prepare a description of waste generation and waste management practices 0.00 0.00 1.50 0.10 1.60 $106.59 $0.00 $0.00 1,774 2,838 $189,055.13 Document that the unit is emptied at least once a year 0.00 0.00 1.00 0.40 1.40 $79.30 $0.00 $0.00 5,321 7,449 $421,955.30 Label containers in accu mu lation area with start date 0.00 0.00 1.00 0.00 1.00 $69.41 $0.00 $0.00 5,321 5,321 $369,330.6154

Label containers in satellite accumulation area with start date 0.00 0.00 0.50 0.00 0.50 $34.71 $0.00 $0.00 5,321 2,661 $184,691.91 T otal (New Requirements) 84,590 $10, 277,10755

Exhibit 2 Estimated Annual Respondent Hour and Cost Burden – Existing Requirements Revisions to the Definition of Solid Waste* Hours and Costs Per Respondent Total Ho urs and Costs Legal Managerial Technical Clerical Hours/ Activity Labor

Costs/Activity Capital

Costs O&M

Costs No. of Respond./ Activities Total

Hours/Year Total

Cost/Year Notification for Generator - Controlled Exclusion Prepare and submit a notific ation prior to recycling 0.00 0.10 0.30 0.10 0.50 $33.48 $0.00 $0.44 29 14 $972.37 Update and submit notification by March 1 of each even numbered year thereafter 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 29 3 $83.42 Update and submit notification th at the hazardous secondary ma terials are no longer managed in accordance with the exclusion 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.44 4.3 0 $12.51 Certifications for Hazardous Secondary Material Generated and Reclaimed Under the Control of the Generator Prepare the certification 0.00 0.02 0.00 0.08 0.10 $4.01 $0.00 $0.00 61 6 $245.95 Non - Wa ste Determination Ap plication for Non -

Waste Determination Prepare and submit an application 4.00 4.00 130.00 8.00 146.00 $10,162.84 $0.00 $22.83 7 1,022 $71,29 9.69 Re - Ap plication for Non - Waste Determination Prepare and submit a re - application 2.00 2.00 65.00 4.00 73.00 $5,081.42 $0.00 $22.83 0 0 $0.00 T otal (Existing Requirements) 1,046 $72,613.9456

Exhibit 3 Estimated Annual Resp ondent Hour and Cost Burden - New and Existing Paperwork Requirements Revisions to the Definition of Solid Waste* ICR Number Hours/Year Labor Cost/Year Capital Cost/Year O&M Cost/Year Total Cost/Year Respondent Paperwork Requirements Paperwor k Requirements for this ICR 2011 Revisions to the RCRA Definition of Solid Waste 2310.02 84,590 $5,820,813 $0 $4,456,294 $10,277,107 Continuing requirements under the 2008 Revisions to the RCRA Definition of Solid Waste 2310.01 1,046 $72,427 $0 $187 $72, 614 New Paperwork Requirements under Existing ICRs Requirements for Generators, Transporters, and Wa ste Management Facilities under the RCRA Hazardous W aste Manifest System 801 478 $14,589 $0 $37 $14,626 Hazardous W aste Generator Standards 820 7 $261 $0 $0 $261 Hazardous W aste Specific Unit Requirements and Special W aste Processes and Types 1572 297 $11,152 $0 $512 $11,663 Air Emission Standards for Tanks, Surface Impoundment and Containers 1593 458 $44,743 $0 $8,099 $52,842 Total Respondent Bu rden 86,876 $5,963,985 $0 $4,465,129 $10,429,113 * Table includes rounding error.57

Exhibit 4 Estimated Annual A

gency Hour and Cost Burden Revisions to the Definition of Solid Waste* Hours an d Costs Per A gency Act ivity Total Hours and Costs Legal Managerial Technical Clerical Hours/ Activity Labor

Costs/Activity Capital

Costs O&M

Costs No. of

Agency Activities Total

Hours/Year Total

Cost/Year Information Collection A ctivity $70.07 $65.3 6 $56.30 $26.74 Al ternative Subtitle C Regulation for Hazardous Recyclable Materials For Offsite Transfer Recycling Exclusion (Option 2) Notification Receive, Review and File Initial Notifications 0.00 0.00 0.08 0.05 0.13 $ 5.84 $0.00 $0.44 26 3 $165.37 Receive, Review and File Biennial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 26 3 $165.37 Receive, Review and File Discontinuation Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 4 1 $24.81 Reclamat ion Plan Receive, Review and File Advance Arrangement Documents 0.00 0.50 0.00 0.20 0.70 $38.03 $0.00 $0.00 42 29 $1,590.69 Large Quantity

Generator Emergency

Procedures Review submitted release report infor mation 0.00 0.00 0.50 0.00 0.50 $28.15 $0.00 $0.00 6 3 $156.44 Enter information into database tracking all releases 0.00 0.00 0.50 0.50 1.00 $41.52 $0.00 $0.00 6 6 $230.74 Transmit information to respective response authorities 0.00 0.00 0.25 0.25 0.50 $20.76 $0.00 $0.00 6 3 $115.37 Notice of Compliance Receive, review and file notification of compliance regarding affected release area. 0.00 0.00 4.00 0.00 4.00 $225.19 $0.00 $0.00 6 22 $1,251.44 Small Quantity

Generator Emergency

Procedures Review submitted release report information 0.00 0.00 0.50 0.00 0.50 $28.15 $0.00 $0.00 2 1 $65.95 Enter information into database tracking all releases 0.00 0.00 0.50 0.50 1.00 $41.52 $0.00 $0.00 2 2 $97.27 Transmit information to respective response authorities 0.00 0.00 0.25 0.25 0.50 $20.76 $0.00 $0.00 2 1 $48.63 Notice of Compliance Receive, review and file notification of compliance regarding affected release area. 0.0 0 0.00 4.00 0.00 4.00 $225.19 $0.00 $0.00 2 8 $473.2058

Ma nifest Requirements The Agency will be required to review additional manifests under existing requirements of ICR 801: Requirements for Generator s, Transporters, & Waste Management Facilities Under the RCRA Hazardous Waste Manifest System. This burden is calculated in Exhibit 6
. TSDFs Continuation of RCRA permits Review the permit application 0.00 1.00 20.00 0.00 21.00 $1,191.29 $0.00 $0.00 19 397 $22,5 15.38 Enter information into database 0.00 0.00 0.00 0.10 0.10 $2.67 $0.00 $0.00 19 2 $50.46 Revisions to the Definition of Legitimacy (Option 4) Legitimacy

Codified for All Recycling Legitimacy

Documentation Evaluate Legitimacy Documentation 2.00 2.00 31.25 4.00 39.25 $2,137.08 $0.00 $0.00 615 24,146 $1,314,688.87 Al l Legitimacy

Factors Mandatory Evaluate Legitimacy Petitions 8.00 8.00 125.00 16.00 157.00 $8,548. 34 $0.00 $0.00 103 16,097 $876,461.30 Revisions to Solid Waste Variances and Non - Wa ste Determinations (Option 5) Re - Ap plication if Material No Longer Meets Relevant Variance Criteria Receive, Review and File Re -Application 8.00 8.00 125.00 16.00 157.00 $8,548.34 $0.00 $0.00 4 628 $34,193.36 Re -Ap plication if Material No Longer Meets Relevant Non - Wa ste Criteria Receive, Review and File Re -Application 8.00 8.00 125.00 16.00 157.00 $8,548.34 $0.00 $0.00 3 440 $23,935.35 Re - Notification Receive, Review and File Biennial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 4 0 $23.03 Receive, Review and File Discontinuation Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 1 0 $3.45 E PA provides online public access to a list (including supporting documentation) of facilities receiving non -waste determinations 0.00 0.25 1.00 0.10 1.35 $75.31 $0.00 $0.00 4 5 $276.14 Revisions to Partial Reclamation Variance Varianc e from Classification as a Solid Waste (260.31(c) and 260.33(a)) Review the variance demonstration 0.00 2.20 18.16 0.00 20.36 $1,166.14 $0.00 $0.00 4 81 $4,664.56 Request additional information if necessary 0.00 0.00 0.55 1.65 2.20 $75.08 $0.00 $0.00 4 9 $300.32 Deliberate and issue draft determination 3.85 1.65 25.31 2.20 33.01 $1,861.30 $0.00 $0.00 4 132 $7,445.20 Publicize draft determination 0.00 0.00 1.65 4.40 6.05 $210.54 $0.00 $0.00 4 24 $842.16 Hold hearing, if required 0.00 0.5 5 22.01 1.65 24.21 $1,319.15 $0.00 $0.00 4 97 $5,276.60 Review comments and make final determination 2.20 1.65 23.11 2.20 29.16 $1,621.84 $0.00 $0.00 4 117 $6,487.36 Change to Non -

Waste Determination Evaluate and approve/deny re - ap plication 8.00 8.00 125.00 16.00 157.00 $8,548.34 $0.00 $0.00 7 1,099 $59,838.38 Re - Manufacturing Exclusion (Option 6) Petition Process Review the petition 8.00 8.00 125.00 16.00 157.00 $8,548.34 $0.00 $0.00 0 .04 6 $341.9359

Request additional information if necessary 0.00 0.00 0.55 1.65 2.20 $75.08 $0.00 $0.00 0.04 0 $3.00 Deliberate and issue draft determination 3.85 1.65 25.31 2.20 33.01 $1,861.30 $0.00 $0.00 0.04 1 $74.45 Publicize draft determination 0.00 0.00 1.65 4.40 6.05 $210.54 $0.00 $0.00 0.04 0 $8.42 Hold hearing, if required 0.00 0.55 22.01 1.65 24.21 $1,319.15 $0.00 $0.00 0.04 1 $52.77 Review comments and make final determination 2.20 1.65 23.11 2.20 29.16 $1,621.84 $0.00 $0.00 0.04 1 $64.87 Ad ditional Exclusion Conditions Generator Notification Receive, Review and File Initial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 1 0 $8.37 Receive, Review and File Biennia l Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 1 0 $8.37 Receive, Review and File Discontinuation Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 0 0 $1.26 Technical Standards Agency will be required to conduct activities associated with technical standards covered by existing EPA ICR 1572: Haz ardous Waste Specific Unit Requirements and Special Waste Pr ocesses and Types for additional facilities. This burden is calculated in Exhibit 6
. NESHAP Standards Agency will be required to conduct activities associated with pollution standards covered by existing EPA ICRs 820: Haz ardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers. This burden is calculated in Exhibit 6
. Re - Manufac turer Notification Receive, Review and File Initial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 1 0 $8.37 Receive, Review and File Biennial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0. 44 1 0 $8.37 Receive, Review and File Discontinuation Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 0 0 $1.26 Technical Standards Agency will be required to conduct activities associated with technical standards covered by existing EPA ICR 1 572: Haz ardous Waste Specific Unit Requirements and Special Waste Processes and Types for additional facilities. This burden is calculated in Exhibit 6
. NESHAP Standards Agency will be required to conduct activities associated with pollution standards co vered by existing EPA ICRs 820: Haz ardous Waste Generator Standards and 1593: Air Emission Standards for Tanks, Surface Impoundment and Containers. This burden is calculated in Exhibit 6
. Revisions to Other Recycling Exclusions and Exemptions (Option 7), i.e., pre -2008 DSW exclusions Contained Standard Notification Receive, Review and File Initial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 1,774 231 $11,138.63 Receive, Review and Fil e Biennial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 1,774 231 $11,138.63 Receive, Review and File Discontinuation Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 266 35 $1,670.7960

Recordkeeping for Speculative Accumulation Notification Receive, review, and file the notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.00 0 0 $0.00 T otal (New Requirements) 43,863 $2, 385,91761

Exhibit 5 Estimate d An nual A

gency Hour and Cost Burden – Existing Requirements Revisions to the Definition of Solid Waste* Hours and Costs Per A gency Act ivity Total Hours and Costs Legal Managerial Technical Clerical Hours/ Activity Labor

Costs /Activity Capital

Costs O&M

Costs No. of

Agency Activities Total

Hours/Ye ar Total

Cost/Year Notification for Generator - Controlled Exclusion Receive, Review and File Initial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 29 4 $180 Receive, Rev iew and File Biennial Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 29 4 $180 Receive, Review and File Discontinuation Notifications 0.00 0.00 0.08 0.05 0.13 $5.84 $0.00 $0.44 4 1 $27 Non - Wa ste Determinations Ap plicati on for Non -

Waste Determination Evaluate and approve/deny application 8.00 8.00 125.00 16.00 157.00 $8,548.34 $0.00 $0.00 7 1,099 $59,838 Re - Ap plication for Non - Waste Determination Evaluate and approve/deny re - application 8.00 8.00 1 25.00 16.00 157.00 $8,548.34 $0.00 $0.00 0 0 $0.00 T otal (Existing Requirements) 1,107 $60,22562

Exhibit 6 Estimated Annual Ag ency Hour and Cost Burden - New and Existing Paperwork Requirements Revisions to the Definition of Solid Waste* ICR Number Hours/Year Labor Cost/Year Capital Cost/Year O&M Cost/Year Total Cost/Year Ag ency Paperwork Requirements Paperwork Requirements for this ICR 2011 Revisions to the RCRA Definition of Solid Waste 2310.02 43,863 $2,384,210 $0 $1,707 $2 ,385,917 Continuing requirements under 2008 Revisions to the RCRA Definition of Solid Waste 2310.01 1,107 $60,198 $0 $27 $60,225 New Paperwork Requirements under Existing ICRs Requirements for Generators, Transporters, and Wa ste Management Facilities un der the RCRA Hazardous W aste Manifest System 801 2 $81 $0 $0 $81 Hazardous W aste Generator Standards 820 4 $134 $0 $0 $134 Hazardous W aste Specific Unit Requirements and Special W aste Processes and Types 1572 1 $46 $0 $0 $46 Air Emission Standards for T anks, Surface Impoundment and Containers 1593 5 $221 $0 $0 $221 Total Agency

Burden 44,982 $2,444,889 $0 $1,734 $2,446,623 * Table includes rounding error.63