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. 20460
i

TABLE OF CONTENTS

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

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

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

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

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

2(b) Practical Utility and Users of the Data ...........................................................................................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 INFORMATION REQUESTED....................................................9

4(a) Respondents and NAICS Codes.....................................................................................................9

4(b) Information Requested .................................................................................................................10

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION 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 ..............................................................................................................45
1

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title 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 ICR covers the three-year period 2015-2017.

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 wastes 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 “definition 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 

proposed 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 definition of “Legitimate” recycling;

 Option 5: Revise the non-waste determination petition process and modify the 1985 40 

CFR 260.31(c) DSW variance for partially recycled 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 AND 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 Disposal Act of 1970, as amended by the Resource 

Conservation and Recovery Act of 1976 (RCRA), and as amended by 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 year 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 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 types 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 pretransportation 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. Such 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 reclaimed 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 speculatively accumulated, they are considered discarded. 

EPA is proposing to amend 40 CFR 261.4(a)(23)(iii) to require persons operating 
3

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 by inspectors 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 CFR 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 certification 

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 tolling 

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 

during 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 years records of

all hazardous secondary materials received pursuant to the written contract with the 

tolling manufacturer. It would 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.

 Documentation of and Petition Process for Legitimacy: EPA is proposing to codify

the legitimate recycling requirement for all recycling. Additionally, hazardous 

secondary materials and hazardous wastes being recycled must meet all four 

legitimacy factors in 40 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 enforcement 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 is 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 flexibility, while also allowing 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 intent of the non-waste 

determination petition process is to provide petitioners with an administrative 
4

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-implement 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 waste, 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-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; (2) require facilities to re-notify every two years with updated information; (3) 

revise the criteria for the partial reclamation variance to more clearly 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 to 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 determinations. 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 Definition of Solid Waste: 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 by 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 excluded material has been influenced by

recycling studies that EPA conducted (e.g., analyses of environmental problems 

associated with recycling of hazardous secondary materials). These studies are 

described in the preamble to the final rule and contained in 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 remanufacturing exclusion would be to encourage sustainable materials 

management by 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 for the 

exclusion which there is supporting evidence that discard will be avoided and 
5

risk will be controlled. A notification requirement will provide basic 

information to the regulatory agencies about who will be managing hazardous 

secondary materials under 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 years, 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 responsible 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 process 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 suitable 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 considering 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

Regulatory 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 types of materials that will be recycled. The information 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 EPA 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 types 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 

considering. 

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 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. These requirements 

will ensure that the generator (including appropriate staff) addresses the risks of overaccumulation 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

authorities 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, label 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 the 

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 hazardous 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 the 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 generator 

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 years 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 perform 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 legitimately, but is not meeting 

factor 3 and/or factor 4 at 40 CFR 260.43, facilities 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 non-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 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 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 protectiveness of the implementation of the solid 

waste variances and non-waste determinations.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) Nonduplication

None of the information required by the final rule is duplicative with information 

required by 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 

respondent 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 ICR 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 secondary materials 

generators and reclamation companies and CHWMEG to solicit input on the ICR 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 the 2008 DSW ICR. Their 

feedback is reflected in the burden and cost assumptions of this ICR, 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 Moyer 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 has 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 by activities already 

being undertaken by respondents. For example, EPA has found that responsible generators 

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

OMB’s implementing regulations at 5 CFR 1320, EPA’s ICR 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 Privacy 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 INFORMATION 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) currently regulated as RCRA Subtitle C hazardous wastes; (2) 

hazardous secondary materials currently 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 Industry Classification System (NAICS) 

codes associated with industries most likely affected by the paperwork requirements covered in 

this ICR.

NAICS Codes of Potentially Affected Industries

Industry Sector NAICS Codes

Agriculture, Forestry, Fishing and Hunting 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 Food Services 72

Other Services 81

Public Administration 92
10

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 secondary 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 requirements, 

but is included here to inform respondents that the related 2008 provisions no longer apply.

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 year 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 small 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 by an 

authorized representative of the facility.

(ii) Respondent activities

 Prepare and submit a notification prior to operating under alternative Subtitle C 

standard
11

 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 days 

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 Includes written confirmation 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 standards

 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 to 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 year and a 

maximum accumulation volume is two standard shipments
12

 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 

analysis plan, or existing 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 

qualifications 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 plan; 

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 requested 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 C
13

(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 

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

 Under a proposed alternative manifest system, 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 appendix 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 Hazardous Waste Manifest 

System.

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-Controlled 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).

Notification 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 send a notification 

prior to operating under the exclusion(s) and by March 1 of each even numbered year 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) provides 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) days using EPA Form 

8700-12. Certification requirements for the generator-controlled exclusion are in 40 CFR 260.10.

Notification

(i) Data items

 Notification using EPA Form 8700-12 
14

(ii) Respondent activities

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

exclusion

 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 days 

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 [insert 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 full 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, including 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 Labeling

(i) Data items

 Labels on containers indicating the first date that the excluded hazardous 

secondary material began to be accumulated 
15

 Inventory log indicating the first date that the excluded hazardous secondary

material began to be accumulated and demonstrating that at least 75% by weight 

or volume of material being recycled is transferred to a different site for recycling 

in a calendar year (as required by 40 CFR 261.1(c)(8))

(ii) Respondent activities

 Label containers in satellite accumulation area with 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 

year

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 

shipping papers, or electronic confirmations) or new records that contain: 

o The name of the transporter; 

o The date of the shipment; and

o The type and quantity of the hazardous secondary material shipped or 

received pursuant to the written contract.

(ii) Respondent 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 

years, 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 revisions to the definition of legitimacy in 40 CFR 260.43, including 

(1) applying 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 contribution, (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 Includes a narrative description of how the facility’s recycling process 

addresses each 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 readily 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 analyses to characterize hazardous secondary material

 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 procedures 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 Internet
17

 Upon receiving 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 by re-notifying every two years, through the 

RCRA Site ID Form

 Maintain records of legitimacy 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 existing 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 by § 260.42 of this 

chapter;

 Revise the criteria for the partial reclamation variance in 40 CFR 260.31(c) to 

more clearly 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 supports 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 to 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 partially-reclaimed material has sufficient economic value that it will 

be purchased for final reclamation;

 Whether the partially-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 end market for the partially-reclaimed material; and
18

 Whether the partially-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 supporting 

documentation upon which a determination has been made

 Prepare and re-apply 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 CFR 260.30, persons may apply 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 legitimately reclaimed. There are two types of non-waste 

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 process. 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 indistinguishable 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 exclusions under 

§§ 261.2 or 261.41

 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 facilities 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-butyl ether, acetonitrile, chloroform, 

chloromethane, dichloromethane, methyl isobutyl ketone, N,Ndimethylformamide, 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 

correspond 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 other 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 articles (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 types of non-waste determinations are (1) a determination for hazardous 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

 Information 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 sectors 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 record of the material being stored

o No speculative accumulation

 See requirements prohibiting speculative accumulation per 40 CFR 

261.1(c)(8)

 Petition to add other chemicals, industries, and/or chemical functions to the 

remanufacturing exclusion (includes a waste 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 update 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 with the requirements of 40 

CFR part 264 or 265 subparts AA, BB, CC. This activity would be 

covered under existing EPA ICRs 1572: Hazardous Waste Specific 

Unit Requirements and Special Waste Processes and Types, 820: 

Hazardous Waste Generator Standards and 1593: Air Emission 

Standards for Tanks, Surface Impoundment and Containers; and
21

 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. 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.

(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 understand 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 year per 40 CFR 

260.42

 Update and submit notification that hazardous recyclable 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 area.

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities

Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008 DSW 

Offsite Transfer Recycling Exclusion

Notification

 Receive, review, and file initial notifications 
22

 Receive, review, and file biennial notifications 

 Receive, review, and file discontinuation notifications 

Reclamation Plan

 Receive, review, and file reclamation plan (if requested by agency)

Contingency Plan and Emergency Planning Procedures

 Review contingency plan (if requested by agency)

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 by EPA ICR 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)-(16))

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 Systems (270.16)

o Transfer of Permits (270.40(b))

o Permit Modifications at the Request of the Agency (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 Petition

 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 Biennial 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 Longer Meets Relevant Criteria

 Receive, review, and file re-application

Re-Notification

 Receive, review, and file biennial notifications 

 Receive, , review, and file discontinuation notifications 

 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

 Publicize 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

 Publicize draft determination

 Hold hearing, if required
24

 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 petition

 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, review, and file initial notifications 

 Receive, review, and file biennial notifications 

 Receive, review, and file discontinuation notifications

Technical Standards

 Conduct agency activities related to EPA ICR No. 1572 (Hazardous Waste 

Specific Unit Requirements and Special Waste Processes and Types) 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)

Option 7: Revise the Pre-2008 DSW Recycling Exclusions

Notification

 Receive, review, and file initial notifications 

 Receive, review, and file biennial notifications 

 Receive, review, and file discontinuation notifications

5(b) Collection Methodology and Management

In collecting and analyzing the information associated with this ICR, EPA and authorized 

states may use a telephone system, 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 systems.
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 alternative Subtitle C regulation for hazardous recyclable 

materials, generators would be required to submit a notification prior to operating under this 

standard and by March 1 of each even-numbered year thereafter to the EPA Regional 

Administrator using EPA 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 days. 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-apply for non-waste determinations, 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. ESTIMATING THE HOUR AND 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 

type) per respondent, as well as the overall burden hours for all respondents.

6(b) Estimating Respondent Costs

Exhibit 1 provides estimates of the annual respondent 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 Employment Cost Index (ECI) for professional, scientific, and technical services, to yield 

$133.55 for legal; $101.82 for managerial; $69.41 for technical; and $24.70 for clerical.

Using the total burden hours discussed in Section 6(a) and the hourly wage rates outlined 

in this section, Exhibit 1 estimates the labor costs associated with the information collection 

requirements covered in this ICR.
26

Respondent 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 

rate ($ 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. Managerial 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-OSWER ICRs (Information Collection Requests).

 Column B: SOC codes selection by professional judgment of SOC codes broadly relevant to all EPA-OSWERORCR ICRs, by Mark Eads, Economist, EPA-OSWER-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, 

according to the data in Exhibit 1.9 of EPA’s 2009 “National Analysis: The National Biennial RCRA Hazardous 

Waste Report” at http://www.epa.gov/waste/inforesources/data/br09/national09.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”

(ECEC), 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 the 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 physical 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 regular 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 remanufacturing exclusion, and applying for non-waste determinations. A figure of $22.00 is given 
27

in EPA’s 2008 ICR 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 dollars using the Bureau of 

Labor Statistics Consumer Price Index, this ICR 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 prepared by an outside vendor.2The ICR estimates 

(based on the 2011 RIA) that sampling and analytical costs for a hazardous secondary material 

characterization are $306.09 per sample. The ICR 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 ICR No. 820.10 (Hazardous Waste Generator 

Standards), updated to 2011 dollars using the Bureau of Labor Statistics Consumer Price Index. 

The ICR includes a $25.87 unit O&M cost based on EPA’s 2007 ICR 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 will 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 Employment Statistics from “May 2009 

National Industry-Specific Occupational Employment and Wage Estimates” for State 

Government (NAICS 999200). EPA then multiplied the rates by 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 employees. Based on this, EPA 

estimated the following average loaded hourly wage rates for government labor: $70.07 per hour 

for legal staff, $65.36 per hour for managerial staff, $56.30 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

Agency 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 

($ per 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-OSWER ICRs (Information Collection Requests).

 Column B: SOC codes selection by professional judgment of SOC codes broadly relevant to all EPA-OSWERORCR ICRs, by Mark Eads, Economist, EPA-OSWER-ORCR.

 Column C: Unloaded wage rates for May 2009 from the Bureau of Labor Statistics (BLS) state government 

wages (NAICS 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 Circular 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 estimates 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 universe estimates for this ICR from EPA’s 2011 

Regulatory Impact Analysis (RIA) for this rulemaking.3The RIA estimates the number of 

affected industries and entities based on analysis of EPA’s 2007 RCRA Hazardous Waste Report 

data. Following are the primary respondent universe estimates that are used in this ICR:

 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 by 

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

year,4among the off-site transfer-based exclusion, generator-controlled exclusion, 

and re-manufacturing exclusion. In 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 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/year, 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 261.2(a)(2)(ii) or 261.4(a)(23). This 

figure is obtained by 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 generators, 

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

 168 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 year. (8 

years (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 the 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-company 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 industrial 

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 effective 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 beginning 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 

impact 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 generator-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 (Exhibit 3L of RIA) and 4,932 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 + 168

facilities adopting either the Alternative Subtitle C Standards, generatorcontrol1ed, or re-manufacturing exclusions = 4,932 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 year, 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 annually 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, 

respectively, which EPA averaged to four for this ICR. 

 4 generators will generate and reclaim their hazardous secondary materials under 

the proposed re-manufacturing exclusion. This figure is obtained by apportioning 

the estimate that 21 facilities that will adopt exclusions each year among the offsite transfer-based exclusion, generator-controlled exclusion, and remanufacturing 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 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/year,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. This estimate is based 

on Exhibit 3L of the RIA, which builds upon information on generators of TRI

recycled wastes containing toxic chemicals. Moreover, the population of 

generators is limited to NAICS associated with the pre-2008 exclusions. Because 

not all TRI recycled wastes containing toxic chemicals will necessarily qualify as 

RCRA hazardous waste if not recycled, this may be an overestimate of the pre2008 generator exclusion population.

 Generators operating under the Alternative Subtitle C Standard for Hazardous 

Recyclable Materials under Section 266 subpart D and the proposed remanufacturing 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 rulemaking with regard to this calculation. The RIA analyzes the rule's 

impact 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.

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 by 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 Exclusion

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 ICR.

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. Because initial notification and biennial renotification are activities that will each only occur once over the three-year period covered by the 

ICR, EPA has annualized the number of generators over the life of the ICR, to an annual 

estimate of 26 facilities per activity.

Based on EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid 

Waste), EPA estimates that, each year, 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 notification requirements in EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA 

Definition of Solid Waste).

These assumptions are reflected in Exhibit 1.

Reclamation Plan

Reclamation plans are prepared by 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 for 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 year.

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 costs 
32

from EPA’s 2008 ICR 0820.10. Because the RIA provides a single estimate of burden to prepare 

and submit 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 assumptions 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 accumulation limit and with the maximum accumulation volume of two shipments and 

document that these procedures are satisfied. Preparing procedures only 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 ICR No. 0820.10 (Hazardous Waste 

Generator Standards (Renewal)). Burdens per respondent for preparing procedures to ensure 

compliance with the 360-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 year accumulation limit and 

documenting 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 Generator 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 generators 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 

Exclusions of the RCRA Definition of Solid Waste did not specifically 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 ICR 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 years, 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 Waste, EPA estimated that emergency planning 

activities would be completed once every ten years, 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 Proposed 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 years, on average. Therefore, 6 out of 56 large 

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 

Proposed Revisions to the Industrial Recycling Exclusions of the RCRA Definition of Solid 

Waste. These assumptions 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 Proposed Revisions to the Industrial Recycling 

Exclusions of the RCRA Definition of Solid Waste did not specifically estimate costs associated 

with personnel training, EPA estimated that that two activities, collecting job-related data and 

maintaining that information 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 generators 

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 ICR 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 years, 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 

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 Proposed 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 years, on average. Therefore, 2 out of 23 

quantity generators would complete each of these four activities on an annual basis. EPA 

estimated burden 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 Waste. These 

assumptions are reflected in Exhibit 1.

Manifest Requirements

Respondents will be required to comply with the manifest requirements found detailed in 

EPA ICR 801 (Requirements for Generators, Transporters, & Waste Management Facilities 

under the RCRA Hazardous Waste Manifest System). 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 Definition 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 will 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 assumed 
35

to be equivalent to burden estimate for Expiration and Continuation of Permits 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 by this ICR. This calculation is 

described in greater detail in Section 6(d)(1) of this ICR.

Recordkeeping and Speculative Accumulation

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 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 quantity 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 containers for LQGs and SQGs given in EPA’s 2008 ICR 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 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid 

Waste).

These assumptions are reflected in Exhibit 1.

 

13 Ibid.
36

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

EPA estimates that 10,253 facilities will perform new recordkeeping activities as a result 

of the codification of legitimacy factors for all recycling and that 513 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 ICR supporting statement.

Legitimacy Codified for All Recycling

Facilities must prepare either submit a legitimacy petition or document legitimacy 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 10,253 facilities 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 choose to use readily available information 

(3,418 facilities in each category). Because this activity occurs only once in the three year ICR 

period, the annual equivalent number of facilities is 1,139.

Facilities will also be required to repeat these efforts 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 years and 

to make this information available upon request. EPA assumes that one-third of the burden falls 

on each year of the three-year period, and therefore that an equivalent of one-third of the 10,253

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 activities 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 ICR No. 

2310.01 (Revisions to the RCRA Definition of Solid Waste). These assumptions are reflected in 

Exhibit 1.

All Legitimacy 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 

10,253 facilities 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 on 
37

EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition 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 by this ICR. This calculation is described in greater detail in Section 6(d)(1) 

of this ICR.

Re-Application if Material No Longer 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 determinations per year under the 2008 petition process, for a total of 56 

during the ICR period 2015-2017, of which 5% will need to re-apply during the ICR 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 ICR No. 2310.01 (Revisions to the 

RCRA Definition of Solid Waste). Burden per facility for the partial recycling 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 Variances and Non-Waste Determinations

Facilities with either a solid waste variance or a non-waste determination will need to renotify 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 

years, of which only one occurs 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 year, 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 ICR No. 

2310.01 (Revisions to the RCRA Definition of Solid Waste). 

These assumptions are reflected in Exhibit 1.

Revisions to Partial Reclamation Variance

Facilities applying for partial reclamation variances will be required to meet a revised list 

of five factors to obtain the variance. EPA estimates that there are an average of four variance 

applications annually 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-applications given in the RIA (zero and 

eight, respectively).
38

the facilities applying 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 ICR No. 1189.20 

(Identification, Listing and Rulemaking Petitions). These assumptions are reflected in Exhibit 1.

Change to Non-Waste Determination Process

Facilities seeking a non-waste determination under 40 CFR 260.34 will be required to 

demonstrate why they cannot or should not meet existing exclusions to the definition of solid 

waste. EPA estimates seven facilities will seek non-waste determinations each year. 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, Listing 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 Section 6(d)(1) of this ICR.

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 NAICS 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 analytical 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 ICR (Respondent Universe). Also 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 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 remanufacturing 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 of 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 year, 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 ICR No. 2310.01 

(Revisions 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 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 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 for each of these four re-manufacturing plan 

activities to be equivalent to burden for notification of intent to export in EPA’s 2008 ICR 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-year period from the date 

of shipment. EPA estimates 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 each 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 2008 ICR 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 required to label or record in a log materials stored in tanks or containers prior 
40

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.

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 Types

and 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 estimated in Exhibit 3.

Re-Manufacturer

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 remanufacturers 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 evennumbered years, 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 year, 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 ICR No. 2310.01 

(Revisions 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 the 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 years, 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 contractual 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 for each of these four re-manufacturing plan 

activities to be equivalent to burden for notification of intent to export in EPA’s 2008 ICR 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

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, and 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 ICR 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 remanufacturing 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 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. 

These assumptions are reflected in Exhibit 1.

No Speculative Accumulation

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 comply 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 Types

and 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 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 by the proposed revisions. This calculation is described in greater detail in Section 

6(d)(1) of this ICR.

Contained 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 comply with new requirements, 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 assumptions 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 years. 

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 

subsequent 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 year 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 notify for a non-waste determination given in EPA’s 2008 ICR 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 Revisions 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 Exclusions. 

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 ICR 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 ICR 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 reapplication 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-year 

dollars. Respondent burdens for these requirements are presented in Exhibit 2.

Several new exemptions will require 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 addressed. Below is a brief discussion of these ICRs: 

 2008 Revisions to the RCRA Definition of Solid Waste (EPA ICR No. 2310.01). 

Respondents and government agencies will no longer need to comply with the 

withdrawn 2008 DSW exclusion for offsite transfer recycling. 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 System (EPA ICR 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 

Types (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 Standards 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, 

including 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&M 
44

costs comparable to the 2008 ICR inventory would be 85,635 hours and $4,456,481, 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 would 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), respectively. The total annual burden and O&M 

costs comparable to the 2008 ICR 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 years.

EPA estimates that the proposed 2011 revisions to the DSW rule will also affect other 

related ICRs, increasing their annual burden by 12 hours ($481 labor costs), but no new O&M 

costs. The total annual 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), 

respectively.

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 rule.

6(f) Reasons for Change in Burden

The table below summarizes the current OMB inventory for the 2008 DSW ICR, 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 rule 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 ICR 85,635 $4,456,481

The change in burden is due primarily 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 increases in risks to human health and the environment 
45

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, 

resulting 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 – Withdraw 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) DSW 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 increase of 1,240 hours 

and $8,648 O&M in other related ICRs.

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 exclusion have an average new reporting 

burden of 1.0 hour per response and an average new annual recordkeeping burden of 0.2 hour per 

year.

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 by persons to 

generate, maintain, retain, or disclose or provide information to or for a Federal agency. This 
46

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

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

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

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

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

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

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

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

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

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

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

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

Docket ID Number EPA-HQ-RCRA-2010-0742, which is available for online viewing at 

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

(RCRA) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 

Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is (202) 566-1744, and the telephone number for the 

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 

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

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

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

include the EPA Docket ID Number EPA-HQ-RCRA-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 Respondent 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 Activity $133.55 $101.82 $69.41 $24.70

Alternative 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 longer 

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

Management 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 procedures 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 $13.73
48

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 $0.006 17 $908.78

Document whether authorities decline 

arrangement

0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.0061 $13.73

Write 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

61 $13.73

Submit contingency plan to relevant emergency 

centers

0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $4.0761 $44.57

Amend contingency plan when appropriate

0.00 0.00 1.00 1.00 2.00 $94.12 $0.00 $0.116 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 $0.006 11 $523.05

Write emergency report 0.17 0.00 1.00 0.00 1.17 $92.12 $0.00 $0.00

67 $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 $10.3866 $461.42

Notice of Compliance

Collect information required in emergency 

report

0.00 0.00 0.50 0.50 1.00 $47.06 $0.00 $0.0066 $261.53

Write emergency notification report 0.17 0.00 0.50 0.50 1.17 $69.76 $0.00 $0.00

67 $387.68

Submit report to Regional Administrator 0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $0.99

61 $27.45

Compile information demonstrating compliance 0.00 0.00 0.50 0.50 1.00 $47.06 $0.00 $0.00

66 $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

21 $28.93

Maintain information at facility 0.00 0.00 0.00 0.10 0.10 $2.47 $0.00 $0.00

20 $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

21 $81.32

Report by phone requested data for NRC 0.00 0.00

0.50 0.00 0.50 $34.71 $0.00 $5.1921 $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 $0.0020 $16.26

Providing post emergency information by phone 0.00 0.00 0.00 0.1

0 0.10 $2.47 $0.00 $0.0020 $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 $0.0021 $65.92

Write emergency notification report 0.11 0.00 0.33 0.33 0.78 $46.51 $0.00 $0.00

22 $97.73

Submit report to Regional Administrator 0.00 0.00 0.00 0.11 0.11 $2.64 $0.00 $0.99

20 $7.63

Compile information demonstrating compliance 0.00 0.00 0.33 0.33 0.67 $31.37 $0.00 $0.00

21 $65.92
49

Manifest Requirements

Respondents will be required to complete manifests under existing requirements of ICR 801: Requirements for Generators, Transporters, & Waste Management Facilities Under the RCRA Hazardous 

Waste 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 accumulation 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 start 

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 0.25 $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 tolling 

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 $35.42
50

Revisions to the Definition of Legitimacy (Option 4)

Legitimacy Codified for All Recycling

Legitimacy Documentation

Prepare documentation and certification 

statement - using in-house employee 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 documentation 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 inhouse 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

Maintain 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 period 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

All Legitimacy Factors Mandatory

Legitimacy Petition

Prepare and submit a legitimacy petition 4.00 4.00 130.00 8.00 146.00 $10,162.84 $0.00 $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-Waste Determinations (Option 5)

Re-Application 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-Application if Material No Longer Meets Relevant Non-Waste Determination Criteria

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 Classification 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 $11,209.64
51

Provide information on whether the 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 $0.004 64 $4,442.48

Describe whether the partially-reclaimed 

material is a viable substitute for a product or 

intermediate, produced from virgin or raw 

materials, which feeds subsequent production 

steps.

0.00 0.00 40.00 0.00 40.00 $2,776.54 $0.00 $0.004 160 $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 $0.004 80 $5,553.08

Describe whether the partially-reclaimed 

material is handled to minimize loss

0.00 0.00 6.00 0.00 6.00 $416.48 $0.00 $0.004 24.00 $1,665.92

Change to Non-Waste Determination

Demonstrate respondent cannot or should not 

meet the existing DSW exclusions

0.00 0.00 20.00 0.00 20.00 $1,388.27 $0.00 $0.007 140 $9,717.89

Re-Manufacturing Exclusion (Option 6)

Petition Process

Prepare and submit petition to add certain 

chemicals, industries, and/or 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

Additional 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 $0.4411 $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 $0.4410 $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 0.20 $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 $0.5512 $139.56

Prepare re-manufacturing plan jointly with re-

manufacturer

0.00 0.10 0.30 1.34 1.74 $64.11 $0.00 $0.0012 $85.48

Maintain re-manufacturing plan 0.00 0.00 0.00 0.05 0.05 $1.24 $0.00 $0.00

10 $1.65

Submit re-manufacturing plan upon request 0.00 0.00 0.00 0.16 0.16 $3.95 $0.00 $0.44

20 $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 $0.00 141 $17.51
52

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 to remanufacturing

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: Hazardous Waste Specific Unit 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 0.25 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

Re-Manufacturer

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 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 remanufacturing 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 $23.72
53

Management in Tanks and Containers

Label or record in a log materials being stored 

in tanks and containers prior to remanufacturing

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: Hazardous Waste Specific Unit 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 0.25 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 notification 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

Update 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 waste 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 accumulation area with start 

date

0.00 0.00 1.00 0.00 1.00 $69.41 $0.00 $0.00 5,321 5,321 $369,330.61
54

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

Total (New Requirements) 84,590 $10,277,107
55

Exhibit 2

Estimated Annual Respondent Hour and Cost Burden – Existing 

Requirements

Revisions to the Definition of Solid Waste*

Hours and Costs Per Respondent 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

Notification for Generator-Controlled Exclusion

Prepare and submit a notification 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 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 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-Waste Determination

Application 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 $71,299.69

Re-Application 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

Total (Existing Requirements) 1,046 $72,613.94
56

Exhibit 3

Estimated Annual Respondent 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

Paperwork 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 

Waste Management Facilities under the RCRA 

Hazardous Waste Manifest System

801 478 $14,589 $0 $37 $14,626

Hazardous Waste Generator Standards 820 7 $261 $0 $0 $261

Hazardous Waste Specific Unit Requirements and 

Special Waste 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 Burden 86,876 $5,963,985 $0 $4,465,129 $10,429,113 

* Table includes rounding error. 
57

Exhibit 4

Estimated Annual Agency Hour and Cost Burden

Revisions to the Definition of Solid Waste*

Hours and Costs Per Agency Activity 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 Activity $70.07 $65.36 $56.30 $26.74

Alternative 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

Reclamation 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 information 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.

0.00 0.00 4.00 0.00 4.00 $225.19 $0.00 $0.00 2 8 $473.20
58

Manifest Requirements

The Agency will be required to review additional manifests under existing requirements of ICR 801: Requirements for Generators, 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 $22,515.38

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

All 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-Waste Determinations (Option 5)

Re-Application 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-Application if Material No Longer Meets Relevant Non-Waste 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

EPA 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

Variance 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 0.55 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-application 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 $341.93
59

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

Additional 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 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 1572: Hazardous 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 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 6.

Re-Manufacturer

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 1572: Hazardous 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 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 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 File 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 $1,670.79
60

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

Total (New Requirements) 43,863 $2,385,917
61

Exhibit 5

Estimated Annual Agency Hour and Cost 

Burden – Existing Requirements

Revisions to the Definition of Solid 

Waste*

Hours and Costs Per Agency Activity 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, Review 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-Waste Determinations

Application 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-Application for Non-Waste Determination

Evaluate and approve/deny re-application 8.00 8.00 125.00 16.00 157.00 $8,548.34 $0.00 $0.00 0 0 $0.00

Total (Existing Requirements) 1,107 $60,225
62

Exhibit 6

Estimated Annual Agency 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

Agency 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 

Waste Management Facilities under the RCRA 

Hazardous Waste Manifest System

801 2 $81 $0 $0 $81

Hazardous Waste Generator Standards 820 4 $134 $0 $0 $134

Hazardous Waste Specific Unit Requirements and 

Special Waste Processes and Types 1572 1 $46 $0 $0 $46

Air Emission Standards for Tanks, 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