### SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 0820.1 4

HAZARDOUS WASTE GENERATOR STANDARDS

September 201 4

TABLE OF CONTENTS2

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1(a) Title and Number of the Info rmation Collection

................................ ............................. 1 1(b) Characterization of the Information Collection

................................ ............................... 1

2. NEED FOR AND USE OF THE COLLECTION 2(a) Need and Authority for the Collection

................................ ................................ ............ 8 2(b) Use and Users of the Data

................................ ................................ ............................... 1 2

3. NONDUPLICATION, CONSULTATIONS, AND OTH ER COLLEC TION CRITERIA 3(a) Nonduplication

................................ ................................ ................................ ............... 1 5 3(b) Public Notice

................................ ................................ ................................ .................. 1 6 3(c ) Consultations

................................ ................................ ................................ .................. 1 6 3(d ) Effects of Less Frequent Collection

................................ ................................ ............... 1 6 3(e ) General Guidelines

................................ ................................ ................................ ......... 1 6 3(f ) Confidentiality

................................ ................................ ................................ ................ 1 6 3(g ) Sensitive Questions

................................ ................................ ................................ ....... 1 6

4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4(a) Respondents and SIC Codes

................................ ................................ ........................... 1 7 4(b) Information Requested

................................ ................................ ................................ .... 1 8

5. THE INFORMATION COLLECTED

-- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5(a) Agency Activities

................................ ................................ ................................ ........... 5 8 5(b ) Collection Methodology and Management

................................ ................................ ..... 6 1 5(c) Small Entity Flexibility

................................ ................................ ................................ ... 6 1 5(d) Collection Schedule

................................ ................................ ................................ ........ 6 2

6. ESTIMATING THE BU RDEN AND COST OF THE COLLECTION 6(a) Estimating Annual Respondent Burden

................................ ................................ .......... 6 4 6(b) Estimating Annual Respondent Costs

................................ ................................ ............. 6 4 6( c) Estimating Annual Agency Burden and Cost

................................ ................................ . 6 5 6(d) Estimating the Respondent Universe

................................ ................................ .............. 6 5 6(e) Bottom Line Burden Hours and Costs

................................ ................................ ............. 71 6(f) Changes in Estimated Burden

................................ ................................ ......................... 7 2 6(g) Reasons for Change in Burden

................................ ................................ ....................... 7 2 6(h) Burden Statement

................................ ................................ ................................ ............ 733

1. IDEN TIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This information collection request (ICR) is entitled "Hazardous Waste Generato r Standards (Renewal) ," ICR Number 0820. 1 3 . This ICR renews the previously approv ed ICR, "Hazardous Waste

Generator Standards,” ICR Number 0820.10 . OMB Control Number 2050

- 0035

.

1(b) CHARACTERIZATION OF THE INFORMATION COLLECTION

In the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress

authorized the U.S. En vironmental Protection Agency (EPA) to develop and administer a national hazardous waste program. The core of the program is the regulation of hazardous waste from generation to eventual disposal, i.e., from “cradle to grave.” Sections 3001(d) and 3002 o f RCRA authorize EPA to develop and promulgate regulations for generators of hazardous waste. Among other things, EPA is authorized to establish generator standards for recordkeeping, labeling, storage of wastes in tanks, containers, drip pads and contain ment buildings, use of a hazardous waste manifest system, and biennial reporting to EPA. [Note: This ICR does not cover any manifesting or biennial reporting requirements. Manifesting requirements are addressed in ICR Number 801. Biennial reporting requi rements are addressed in ICR Number 0976.] In addition, RCRA section 3010 sets forth requirements for generators and other hazardous waste handlers to notify EPA of their hazardous waste activities. [Note: These notification requirements are addressed in ICR Number 0261.] Finally, RCRA section 3017 sets forth requirements for exporters exporting hazardous waste from the United States (e.g., notification and annual reporting requirements).

In 1980, EPA promulgated the principal elements of the generator re quirements in 40 CFR part 262. These regulations have been amended on several occasions. This ICR discusses five categories of information collection requirements in part 262: pre

- transport requirements; hazardous waste storage requirements for tanks, con tainment buildings and drip pads; air emission standards for large quantity generators (e.g., 40 CFR Subparts AA and BB for process vents and equipment leaks, respectively); recordkeeping and reporting requirements; and export requirements. Sections 1 thr ough 5 of this ICR describe these information collection requirements. In Section 6, EPA estimates the annual burden and cost to respondents and the Agency in carrying out these requirements.

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED AND AUTHORIT Y FOR THE COLLECTION

Under sections 3001(d) and 3002 of RCRA, EPA is required to promulgate regulations applicable to generators of hazardous waste as necessary to protect human health and the environment.4

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

Un der RCRA section 3001, Congress authorized EPA to develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which would be subject to the hazardous waste program. In implementing this mandate, EPA created the hazardous waste determination requirements at 40 CFR 262.11. These requirements provide that generators must determine if their solid waste is listed or exhibits a hazardous characteristic based on testing or knowledge

of the waste. Haza rdous waste determination requirements are needed to ensure that generators and subsequent handlers manage and dispose of the hazardous waste in compliance with the hazardous waste

program.

LARGE QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS

(1) Labelin g

Section 262.34(a) and (c) require LQGs to label containers and tanks as specified (e.g., with the date accumulation began and the words, “Hazardous Waste”). EPA and LQGs need information on the time waste began accumulating for enforcement and monitori ng purposes.

(2) Personnel Training

Section 262.34(a)(4) requires LQGs to maintain copies of personnel training documents and records (under §265.16(d) and (e)) at their facilities. Both EPA and LQGs need information in personnel training records to de termine whether employees have acquired the necessary expertise to perform their jobs. EPA also needs this information to review personnel records to determine whether employees are receiving a level of training that is commensurate with their duties and r esponsibilities as well as their ability to respond to any emergency situations at the facility. Requiring generators to maintain personnel training documents decreases the likelihood that employees are unqualified to handle hazardous waste or respond to emergencies. The personnel recordkeeping requirement contributes to EPA's goal of minimizing the potential for employee

- related mistakes that may threaten human health and the

environment.

(3) Contingency Planning and Emergency Procedures

Under sectio n 262.34(a)(4), LQGs must comply with subparts C and D of part 265, which detail requirements for contingency plans, and if necessary, emergency procedures, for effective action to minimize any unanticipated damage from the release of any hazardous waste. These regulations require LQGs to record whether State or local authorities declined to enter into arrangement to become more familiar with the generator's facility and its wastes, prepare and maintain contingency plans, and prepare emergency reports whene ver imminent or actual emergency situations occur. EPA inspectors may review the contingency plans to determine whether LQGs have developed adequate procedures to respond to unplanned sudden or non

- sudden releases of hazardous waste or hazardous constitue nts to air, soil, or surface water. Requiring LQGs to develop and maintain contingency plans and prepare emergency response reports contributes to EPA's goal of minimizing unanticipated damage from the accumulation of hazardous waste at generator sites.

(4) Tank Systems5

Under section 262.34(a)(1)(ii), EPA requires LQGs that accumulate hazardous waste in tank systems to comply with subpart J of part 265. These requirements ensure that LQGs only operate tank systems that are fully protective of human heal th and the environment and that, if releases to the environment occur, action is taken immediately. These requirements also contribute to EPA's goal of preventing contamination of the environment from hazardous waste accumulation practices.

(5) Drip Pad s

Under section 262.34(a)(1)(iii), EPA requires LQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, as well as to describe and document waste removal. These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.

(6) Containment Buildings

Under section 262.34(a)(1)(iv), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consis tent with 90

- day storage, that these procedures are complied with, and that the unit is emptied at least every 90 days. These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the envir onment. The information collection requirements document the proper design and use of this type of unit.

(7) Requests for Extensions of the Accumulation Period

EPA promulgated regulations in section 262.34(b) allowing LQGs to request from the Regional

A dministrator extensions (up to 30 days) of the accumulation period limit due to unforeseen, temporary,

and uncontrollable circumstances. EPA needs information about the extension to evaluate the cause of the generators' requests for extensions and to appr ove/deny requests. These requirements ensure that only generators genuinely in need of an extension are allowed to accumulate wastes longer than 90 days, and contribute to EPA's goal of preventing contamination of the environment.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

(1) Air Emissions from Process Vents

In 40 CFR part 265, subpart AA, EPA promulgated regulations governing emissions to air from process vents associated with distillation, fractionation, thin

- film evaporation, solvent extraction , or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10

- ppmw if the unit: is subject to the permitting requirements of 40 CFR part 270; is not exempt from permitting under the provisions of 40 CFR 262 .34(a) (i.e., a hazardous waste recycling unit that is not a 90

- day tank or container) and is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR p art 270; or is exempt from permitting under the provi sions of 40 CFR 262.34(a) (i.e., a 90

- day tank or container). EPA needs information from generator facilities concerning hazardous waste releases to air from process vents to ensure that activities and control devices used by such facilities

are consisten t with EPA's goal of preventing contamination of the environment.6

(2) Air Emissions from Equipment Leaks

In 40 CFR part 265, subpart BB, EPA promulgated regulations governing emissions to air from equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight if the unit: is subject to the permitting requirements of 40 CFR part 270; is not exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., a hazardous waste recycling unit that is not a 90

- day tank or container) and is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270; or is exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e., a 90

- day tank or container ). EPA needs information from generator facilities concerning hazardous waste releases to air from equipment leaks to ensure that activities and equipment used by such facilities are consistent with EPA's goal of preventing contamination of the environmen t.

SMALL QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS

(1) Labeling

Section 262.34(a)(2) and (3) and (c) require SQGs to label their containers and tanks as specified (e.g., with the words "Hazardous Waste" and the date that accumulation began). This i nformation assists SQGs and EPA to monitor and enforce the accumulation requirements.

(2) Emergency Procedures

EPA promulgated regulations in Section 262.34 requiring SQGs to immediately notify the fire department in the event of a fire, or the National Response Center in the event of a fire, explosion, or other release which could threaten human health outside the facility, or when SQGs have knowledge that a spill has reached surface water. Applicable provisions also require SQGs to document if State or local authorities decline to enter into arrangements to become familiar with the site, and require SQGs to post emergency information near the phone. EPA needs this information in order to evaluate and, if necessary, respond to releases of hazardous wast e into the environment. It also increases the likelihood that appropriate procedures are in place in case of an emergency. This information also contributes to EPA's goal of quickly responding to, and minimizing the deleterious effects of, hazardous wast e releases into the

environment.

(3) Requests for Extensions of the Accumulation Period

EPA promulgated regulations in section 262.34(f) allowing SQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit for unforeseen, temporary, and

uncontrollable circumstances. EPA needs information about the extension to evaluate the cause of the generators' requests for extensions and to approve/deny requests. These requirements ensure that only generators genuinely in need of an extension are allowed to accumulate wastes longer than 180/270 days (depending on the distance to an off

- site destination), and contribute to EPA's goal of preventing

contamination of the environment.

RECORDKEEPING AND REPORTING REQUIREMENT S

Authority for the recordkeeping requirements is derived from RCRA sections 2002 and 3002. In7

section 3002(a)(5), Congress directed EPA to establish requirements regarding "recordkeeping practices that accurately identify the quantities of such hazardou s waste generated, the constituents thereof which are significant in quantity or in potential harm to human health or the environment, and the disposition of such wastes." In section 2002(a)(1), Congress authorized the Administrator to "prescribe, in con sultation with Federal, State, and Regional authorities, such regulations as are necessary to carry out his functions." By requiring generators to keep copies of test results, waste analyses, or other records documenting that a

waste is hazardous and to s ubmit additional reports requested by EPA, EPA will have a better understanding of which waste streams at a facility are hazardous wastes. In addition, generators will have more immediate access to the information describing their hazardous wastes' compos ition; this information may be extremely important to prevent accidental releases (along with the resulting environmental and human health problems). Finally, this information may be useful to the generators in complying with reporting requirements of oth er environmental laws.

EXPORT AND IMPORT REQUIREMENTS

Authority for the export informational requirements is derived from RCRA section 3017. Section 3017 directs EPA to implement requirements for individuals exporting hazardous waste from the United

Sta tes, including a notification of the intent to export, and an Annual Report summarizing the types, quantities, frequency, and ultimate destination of all exported hazardous waste. EPA also added additional requirements for generators to re

- notify the EPA if the conditions of the original notification are altered and keep copies of relevant documents for a period of three years. EPA needs this additional information to ensure that foreign governments consent to U.S.

- exported waste, to document that exported waste is actually managed at facilities listed in the original notifications, and to guarantee that these documents are available for compliance audits and any enforcement actions. These requirements contribute to EPA's goal of ensuring that all hazardou s waste generated in the United States is managed in a manner protective of human health and the environment.

EPA may also request that primary exporters provide additional information, as requested by the receiving country.

2(b) USE AND USERS OF TH E DATA

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

Hazardous waste generators must follow the waste determination requirements at 40 CFR 262.11 to ensure that they fully and accurately determine whether their solid wastes qualify as RCRA hazardous

wastes. Generators who determine their solid waste to be hazardous must handle and dispose of the waste in compliance with the hazardous waste program. Generators have the flexibility to use either testing or knowledge of the waste in making their determination s.8

LARGE QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS

(1) Labeling

LQGs use the labeling information to maintain compliance with RCRA hazardous waste

determination requirements.

(2) Personnel Training

LQGs use information in the personnel training re cords to ensure that personnel acquire the necessary expertise to perform their jobs. During inspections, EPA reviews job descriptions and training documents to determine whether each person is receiving a level of training that is commensurate with the

p erson's duties and responsibilities as well as the ability to respond to any emergency situations at the facility.

(3) Contingency Plan and Emergency Procedures

Local emergency response teams, LQGs, and EPA use information included in the contingency

p lan to assure an appropriate response to any unplanned release of hazardous waste or hazardous waste constituents. EPA reviews information in the contingency plan and emergency report to determine

whether additional site

- specific emergency provisions are necessary.

EPA, as well as local and State government agencies responding to any releases, uses the information submitted by LQGs under section 262.34 to document and respond to any spills or other unplanned releases of hazardous wastes into the environme nt.

(4) Tank Systems

In section 262.34(a)(1), EPA requires LQGs that accumulate hazardous waste in tank systems to comply with standards detailed in part 265 subpart J. The following lists each information collection requirement that applies to tank syst ems and describes how EPA uses the information.

 A no

- free

- liquids demonstration (§265.190(a)). EPA uses this demonstration to decide whether it may exempt LQGs that meet this and other conditions (using tanks that contain no free liquids and are situate d in a building with an impermeable floor) from the requirements of section

265.193.

 Existing tank system assessments (§265.191). EPA uses this information to assure that LQGs operating tank systems without secondary containment carefully evaluate the tan k systems’ primary containment capability to ensure that the tank systems are not leaking.

 New tank system assessments and certifications (§265.192). EPA uses new tank system assessments and certifications to assure that any new system components install ed at the LQG facilities are appropriate for and will adequately contain hazardous waste.

 An equivalent containment exemption (§265.193(d)(4)). EPA may grant this exemption to LQGs that can demonstrate that their release containment system is equivalent to a liner, vault,9

or double

- walled tank. This exemption lessens the burden on LQGs without compromising public health or the environment.

 An exemption from the 24

- hour leak detection requirement (§265.193(e)(3)(iii)). EPA may grant this exemption to L QGs that can demonstrate that existing technologies or site conditions will not allow detection of a leak within 24 hours. This exemption allows these LQGs to use a system that will detect failure and contamination at the earliest practicable time.

 A va riance from the secondary containment requirements (§265.193(g)). EPA may grant LQGs a variance from all secondary containment requirements if they can demonstrate that alternative design and operating principles, together with location characteristics, w ill be as protective of the environment as secondary containment. This variance lessens the burden on LQGs without compromising public health or the environment.

 A notification of intent to conduct and submit a demonstration for a variance from secondary containment (§265.193(h)). The Regional Administrator must be notified of the intent of an owner or operator to conduct and submit a demonstration for a variance from secondary containment so that EPA can evaluate and the public can participate in the pr ocess and to reduce the burden and costs without compromising protection of human health and the environment.

 Annual leak tests and inspections for LQGs using tests that do not meet the secondary containment requirements (§265.193(i)). EPA uses this infor mation to ensure that hazardous wastes are not leaking into the environment.

 An exemption from the 24

- hour waste removal requirement (§265,196(b)). EPA uses information submitted by LQGs under these sections to decide whether to grant the exemptions.

E PA regulations require facilities at which there has been a spill to remove, within 24 hours, enough waste from the system to prevent further release and allow for inspection and repair of the tank. If the LQG can demonstrate that it is not possible to do so within 24 hours, EPA will allow the LQG to remove the waste at the earliest practicable time.

 Release notifications and reports, and major repair certifications (§265.196(d) and (f)). EPA uses release notifications and reports to document hazardous waste releases and track the progress of their cleanup. In cases in which a release has been caused by major system damage, the Agency uses the certifications to document that the system has been adequately repaired.

(5) Drip Pads

EPA requires LQGs that accumulate hazardous waste on drip pads to comply with contingency plan, assessment, upgrading, repair, and release

- related information collection requirements, as well as to document the proper use of drip pads and compliance with 90 day waste removal re quirements (§262.34(a)(1)(iii))). EPA uses these data to ensure that drip pads are protective of health and the environment and are designed, improved, repaired and used in a manner that is environmentally sound. Moreover, EPA uses this information to do cument compliance with the limitations placed on generators using drip pads for 90

- day accumulation.10

(6) Containment Buildings

EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with certification, release notificati on, repair, and design

- related requirements, as well as to document the existence of storage procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90

- day storage, t hat these procedures are complied with, or that the unit is emptied at least every 90 days (§262.34(a)(1)(iv)). EPA uses this data to ensure that the containment building is designed according to applicable standards, that releases are reported and docume nted, and that necessary repairs are documented. The Agency also uses this information to document compliance with the 90

- day limit on waste storage. Overall, these requirements ensure that containment buildings are used in a manner that is protective of human health and the

environment.

(7) Requests for Extensions of the Accumulation Period

EPA uses the information submitted in the accumulation extension period request to determine whether a generator should be granted additional time to accumulate w aste on site in unforeseen, temporary, and uncontrollable circumstances.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

(1) Air Emissions from Process Vents

Records and reports required in 40 CFR part 265, subpart AA are used to enable EPA to: (1)

id entify generators that are not in compliance with the standard and (2) ensure that the standards required by section 3004(n) are being implemented effectively. Based on reported information, EPA can decide how many generator inspections will be needed, wh ich generators should be inspected, and what records or processes should be reviewed at the generator unit. The records that generators will maintain will play a significant role for the unit owner or operator in assessing unit personnel efforts and in de termining whether the unit is in compliance with the standard. The records will reveal misunderstandings about how the standard is to be implemented.

(2) Air Emissions from Equipment Leaks

Records and reports required in 40 CFR part 265, subpart BB are used for the same purposes as the information required under subpart AA, e.g., to identify generators that are not in compliance with the standards and take enforcement action, if needed.

SMALL QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS

(1) Labeling

SQGs use the labeling requirements to ensure compliance with accumulation and handling requirements.

(2) Emergency Procedures

EPA, as well as local and State government agencies responding to any releases, uses the information submitted by SQGs under se ction 262.34(d)(5) to document and respond to any spills or other unplanned releases of hazardous wastes into the environment. EPA also uses this information to assess the needs and state of readiness of generators and to facilitate appropriate responses in cases of an11

emergency.

(3) Requests for Extensions of the Accumulation Period

EPA uses the information submitted in the accumulation period extension to determine whether an SQG should be granted additional time to accumulate waste on site in unforese en, temporary, or
uncontrollable circumstances.

RECORDKEEPING AND REPORTING REQUIREMENTS

In monitoring compliance and enforcing regulations, EPA relies on the recordkeeping requirements in sections 262.40 and .43 to provide a record of generators' haza rdous waste generation, determination status (e.g., testing), and its eventual disposition.

EXPORT AND IMPORT REQUIREMENTS

EPA uses the information submitted by primary exporters to notify and seek consent of, in conjunction with the Department of State , the receiving country and any transit country of the export of hazardous waste. EPA also uses the export information to document that hazardous wastes being shipped to foreign treatment, storage, and disposal facilities are not diverted to other destina tions. EPA uses information from importers to determine the number, origin, destination and type of imports to the U.S. for tracking purposes and for reporting to the OECD as required by treaty. This information is also used to assess the efficiency of t he program.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) NONDUPLICATION

Most of the information required by the regulations covered by this ICR are not available from any source but the respondents. In certain occasions, such as the notification of intent to export hazardous waste, EPA allows the primary exporter to submit one notice that covers activities over a period of twelve

months.

Although some of the information required for the hazardous waste manifest and the trackin g document is substantively the same, up to six pieces of additional information are required for the tracking document. In addition, these two documents serve different purposes. A signed copy of the hazardous waste manifest, which is not valid beyond U .S. borders, is dropped off at the U.S. Customs check point when the shipment leaves the U.S. to verify pertinent information, including point of departure, date, destination, and contents of the shipment. The tracking document must accompany the shipment until it reaches the foreign recovery facility. The signed tracking document is subsequently returned to EPA and the U.S. exporter to acknowledge receipt of the shipment in accordance with the

OECD Decision.

In certain cases, some of the information on the tracking document also may be collected by the Department of Commerce in its Census Bureau form titled "Shipper's Export Declaration" (15 CFR part 30). This form, which is required for all shipments that have a value in excess of $1,500, must be filed at the U.S. port of exit, similar to the current export requirements. However, the information contained in the Census Bureau's form is not adequate for EPA's purpose of tracking and identifying the export of12

hazardous waste from the U.S. For example, t he wastes are identified by tariff codes that are less precise than the waste codes required by the tracking document.

3 (b) PUBLIC NOTICE

In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in th e Federal Register on June 11, 2014 (79 FR 33547) . The public comment period extended through August
11, 2014 . EPA received no comments on this ICR in response to the Federal Register notice.

3(c) CONSULTATIONS

EPA consulted with several states in the development of this ICR, specifically as related to the development and update of contingency plans by LQGs. As discussed elsewhere, EPA also modified its methodology in estimating the number of small quantity generators (SQGs) to improve the reliability of universe estimates. Otherwise, no changes were made to any of the assumptions or methodology supporting burden estimates.

Lisa A. Silvia Senior Waste Inspector Virginia Department of Environmental Quality (757) 518

- 2151

Robert Nero

Chairman

Rhode Is land Pawtuxet River Authority & Watershed Council (401) 615

- 7039

3( d ) EFFECTS OF LESS FREQUENT COLLECTION

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

standards. E PA is confident that those activities required of respondents are necessary, and to the extent possible, have attempted to minimize the burden imposed. EPA believes strongly that if the minimum requirements specified under the regulations are not met, nei ther the generators nor EPA can ensure that hazardous wastes are being properly managed, and do not pose a serious threat to human health and the

environment.

3( e ) GENERAL GUIDELINES

This ICR adheres to the guidelines started in the 1995 Paperwork Reduc tion Act (PRA), OMB’s implementing regulations, OMB’s Information Collection Review Handbook , and other applicable OMB guidance.

3(f ) CONFIDENTIALITY

Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which define EPA's general policy on the public d isclosure of information, contain provisions for confidentiality.

3(g ) SENSITIVE QUESTIONS13

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

4. THE RESPONDENTS AND THE INFORMATION COLLECTED

4(a) RESPON DENTS AND NAIC CODES

The following is a list of North American Industry Classification System (NAICS) codes, associated with generators most likely to be affected by the generator information requirements covered

under this ICR: 1

Table 1

List of NAICS Codes

NAICS code Description

113 Forestry and Logging

115 Support Activities for Agriculture and Forestry

211 Oil and Gas Extraction

221 Utilities

311 Food Manufacturing

313 Textile Mills

314 Textile Product Mills

315 Apparel Manufacturing

316 Leather and Allied Product Manufacturing

321 Wood Product Manufacturing

322 Paper Manufacturing

323 Printing and Related Support Activities

324 Petroleum and Coal Products Manuf acturing

325 Chemical Manufacturing

326 Plastics and Rubber Products Manufacturing

331 Primary Metal Manufacturing

1 NAICS codes can be found in the Federal Register at 61 FR 57006, November 5, 1996.14

333 Machinery Manufacturing

334 Computer and Electronic Product Manufacturing

335 Electrical Equipment and Appliance Manufa cturing

336 Transportation Equipment Manufacturing

337 Furniture and Related Product Manufacturing

339 Miscellaneous Manufacturing

511 Publishing Industries

512 Motion Picture and Sound Recording Industries

541 Professional, Scientific, and Technical Services

561 Administrative and Support Services

812 Personal and Laundry Services

4(b) INFORMATION REQUESTED

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

40 CFR 262.11 requires that, if a person generates a solid waste, he or she m ust determine if that waste is a hazardous waste. The person should first determine if the waste is excluded from regulation under 40 CFR 261.4. He or she must then determine if the waste is listed as a hazardous waste in subpart D of 40 CFR part 261. F or purposes of compliance with 40 CFR part 268, or if the waste is not listed in subpart D of 40 CFR part 261, the generator must then determine whether the waste is identified in subpart C of 40 CFR part 261 by either testing the waste or applying knowled ge of the hazard characteristics of the waste in light of the materials or the processes used.

(i) Data item :

• See “Recordkeeping and Reporting Requirements,” later in this section, for the data items associated with the waste determination requirements.

(ii) Respondent activities :

In making a hazardous waste determination, respondents must:

• Test their waste; or

• Use knowledge of the waste.

LARGE QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS15

Large quantity generator pre

- transport requirements compris e seven distinct categories of informational requirements: labeling, personnel training, contingency planning and emergency procedures, tank systems, drip pads, containment buildings, and requests for extensions of the accumulation period.

(1) Labeling

4 0 CFR 262.34(a)(2) and (3) require that LQGs label each container or tank accumulating hazardous waste with the date upon which each period of accumulation begins and the words "Hazardous Waste." Section 262.34(c)(1) requires LQGs accumulating either haza rdous waste or acutely hazardous waste at or near the point of generation to mark these containers in "satellite accumulation" with the words "Hazardous Waste" or other words that identify the contents of the containers. Section 262.34(c)(2) further requi res that, if the LQG accumulates hazardous waste or acutely hazardous waste at satellite accumulation in excess of specified amounts, the LQG must, within three days, move that excess

waste to a 90

- day accumulation area. During that three

- day period, the LQG must mark the container holding the excess accumulation with the date the excess amount began accumulating.

(i) Data items

• Labels with the words “Hazardous Waste” and the date that accumulation began.

(ii) Respondent activities

Respondents must pe rform the following requirements in complying with section 262.34(a)(2) and (3) and 262.34(c)(1) and (2):

• Label all containers and tanks with the words "Hazardous Waste" and the date that accumulation began.

• Label all containers with the words "Hazardous Waste" or other words, and label all containers with excess accumulation with the date that the excess accumulation began (satellite accumulation areas only).

(2) Personnel Training

In section 262.34(a)(4), LQGs must comply with requirements in section 265.16(d) and (e). Section 265.16(d) requires LQGs to maintain copies of personnel training documents and records at the facility. Section 265.16(e) requires that training records be held until closure of the facility, except as otherwise specified.

(i) Data items

• Personnel training records should include the following data items:

-- Job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;16

-- Written job description for each positi on, which includes the necessary skill, education, or other qualifications and duties of employees assigned to each position;

-- Written description of the type and amount of both introductory and continuing training that will be given to each person fill ing a position; and

-- Records that document that the training or job experience required have been given to, and completed by, facility personnel.

(ii) Respondent activities

Respondents must perform the following activities under section 265.16(d) and (e):

• Collect the data items listed above; and

• Maintain (e.g., photocopying and filing) the information at the facility.

(3) Contingency Plan and Emergency Procedures

In section 262.34(a)(4), LQGs are required to comply with the preparedness and preven tion and contingency plan and emergency procedure requirements in subparts C and D of part 265.

(a) Contingency Plan

Section 265.37(b) requires generators to note whether local authorities decline to enter into agreements to become more familiar with t he generators' facility and wastes. Section 265.51 requires LQGs to have a contingency plan for their facilities. Section 265.53(a) requires the generators to maintain a copy of an updated contingency plan at the facility. Data elements required by this plan are

outlined in section 265.52.

(i) Data items

• Contingency plan should include the following data items:

-- A description of the actions facility personnel will take in response to fires, explosions, or any unplanned sudden or non

- sudden release of hazardous waste or hazardous waste constituents to air, soil or, surface water at this facility;

-- A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response t eams to coordinate emergency services;

-- An updated list of names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinators plus designated as primary emergency coordinators and alternates listed in order;

-- An updated list of all emergency equipment at the facility and the location, physical17

description, and capabilities of the emergency equipment. The contingency plan should also indicate where the emergency equipment will be required; and

-- An evacuatio n plan for the facility personnel where there is a possibility that evacuation may be necessary including a description of signals used to begin evacuation, evacuation routes, and alternate routes.

• Documentation of whether State or local authorities decli ne to enter into agreement to become more familiar with the LQG's facility and its waste.

(ii) Respondent activities

In order to comply with these requirements, generators are required to perform the following

activities:

• Collect the data required in t he contingency plan;

• Note, where appropriate, whether State or local authorities decline to enter into agreement to become familiar with the LQG’s facility and its wastes;

• Write the contingency plan;

• Keep a copy of the contingency plan on site;

• Submit copies of plan to local police departments, hospitals, and state local emergency response teams; and

• Amend the contingency plan when appropriate.

(b) Emergency Procedures

Under sections 265.56(a) through (d), whenever there is an imminent or actual emer gency situation, the emergency coordinator must immediately activate alarms and notify personnel and appropriate State or local emergency response agencies. Whenever there is a release, fire, or explosion, the emergency coordinator must immediately invest igate and assess the release and hazard conditions. If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health or the environment outside the facility, he must report his findings to loc al authorities, as specified, and the government official designated as the on

- scene coordinator for that geographical area or the National Response Center (NRC).

(i) Data items

• Notification to fire department of imminent or actual emergency situation.

• Emergency report to the on

- scene coordinator or NRC, including:18

-- Name and telephone number of reporter;

-- Name and address of facility;

-- Time and type of incident;

-- Name and quantity of material(s) involved;

-- The extent of injuries; and

-- Possib le hazards to human health or the environment outside the facility.

(ii) Respondent activities

Emergency coordinators, or their designees, must conduct the following activities, as applicable:

• Notify State or local emergency response agencies of imminen t or actual emergency situation;

• Whenever there is a release, fire, or explosion, immediately investigate and assess the release and hazard conditions; and

• If the facility has had a release, fire, or explosion which could threaten human health or

the environment outside the facility boundary, notify local authorities if local evacuation is advisable and notify OSC for that geographical area or the NRC.

(c) Notification of Compliance

Section 265.56(i) states that LQGs should note in the operating reco rd the time, date, and details of any incident that requires implementing the contingency plan and submit a report on the incident to the Regional Administrator within 15 days that includes such information as the name, address and telephone

number of the owner or operator, the date, time, and type of incident, extent of injuries, etc.

(i) Data items

• The report must include the following data items:

-- Name, address, and telephone number of the generator;

-- Name, address, and telephone number of the fac ility;

-- Date, time, and type of incident;

-- Name and quantity of material(s) involved;

-- The extent of injuries;19

-- An assessment of actual or potential hazards to human health or the environment; and

-- Estimated quantity and disposition of recovered material that resulted from the incident.

(ii) Respondent activities

As required by section 265.56(i), LQGs must:

• Compile information that demonstrates that all affected areas are in compliance;

• Prepare a letter notifying the Regional Administrator of this compliance; and

• Submit the report.

(4) Tank Systems

In section 262.34(a)(1), LQGs that use tanks to accumulate hazardous waste for 90 days or less are required to comply with the requirements in 40 CFR part 265 subpart J.

(a) No Free Liquids D emonstration

Section 265.190(a) exempts LQGs from the requirements of section 265.193 (containment and detection of releases) provided that the tanks are located in buildings with impermeable floors and are

used to accumulate wastes that contain no free l iquids.

(i) Data item

• Demonstration of absence of free liquids, including the results of the Paint Filter Liquids Test, performed as specified in SW

- 846. Generators must retain the test results on site, in accordance with section 262.40(c).

(ii) Respon dent activities

Respondents must perform the following activities in performing this demonstration:

• Perform the test; and

• Place copy of results in record.

(b) Assessments of Existing Tank Systems' Integrity

Section 265.191 requires LQGs with tank sys tems that 1) accumulate waste that became hazardous after July 14, 1986 and 2) do not meet the secondary containment requirements of section 265.193 to determine if their tank systems are sufficient for accumulating hazardous waste.20

(i) Data items

• For ea ch existing tank system, a written assessment that has been reviewed and certified by an independent, qualified registered professional engineer in accordance with section 270.11(d). At a minimum, the assessment must consider the following:

-- The design standards to which the tank and ancillary equipment were constructed;

-- Hazardous characteristics of the waste(s) that has been and will be handled;

-- Existing corrosion protection measures;

-- The tank's documented or estimated age; and

-- Results of a leak test performed as specified in section 265.191(b)(5)(i) and (ii).

(ii) Respondent activities

Respondents must perform the following activities in assessing their tank systems:

• Perform the leak test as specified in section 265.191(b)(5)(i) and (ii);

• Obtain the written assessment certified by an independent, qualified and registered professional engineer that attests to the tank system's integrity; and

• File the assessment at the facility.

(c) Design and Installation of New Tank Systems or Component s

Section 265.192 requires LQGs that install new tank systems or components to obtain written assessments attesting that their tank systems are acceptable for storing hazardous wastes. In addition, LQGs must obtain and keep on file at the facility state ments written by those who designed the tank systems and supervised their construction. These statements will verify that the systems were designed and constructed properly.

(i) Data items

• For each new tank system, a written assessment that has been rev iewed and certified by an independent, qualified, registered professional engineer in accordance with section 270.11(d). At a minimum, the assessment must report on the following:

-- The design standards to which the tank and ancillary equipment were cons tructed;

-- Hazardous characteristics of the waste(s) to be handled;

-- For new systems or components in which any external metal component of the tank system will be in contact with soil or water, a determination by a corrosion expert of the21

factors affec ting the potential for and protection from corrosion as specified in section 265.192(a)(3)(i) and (ii);

-- For underground tank systems likely to be adversely affected by vehicular traffic, the design or operational measures that will protect the tank syst em from damage; and

-- Design considerations to ensure that: 1) tank foundations will maintain the load of a full tank, 2) the systems are anchored so that they will not float or dislodge when placed in a saturated or seismic fault zone, and 3) the system s will withstand the effects of frost

heave.

• Records of statements written by those who certify the tank system's design and supervise its installation (§265.192(g)). These records must verify that the system was designed and installed according to the r egulatory requirements, and that any needed repairs were performed. They must also include the certification statement as required in section 270.11(d).

(ii) Respondent activities

Respondents must perform the following activities in complying with th ese requirements:

• Obtain the written assessment and have it reviewed and certified;

• Obtain written statements from those who certified the design of the tank system and supervised its installation; and

• File the written statements at the facility.

(d) Containment and Detection of Releases

Section 265.193 requires LQGs operating tank systems to have secondary containment that will prevent the release of hazardous constituents into the environment. New tank systems must have the containment installed pr ior to their being put into service. The dates by which containment must be installed on existing tank systems depend upon the waste types handled, the system's age, and other factors. The information collection requirements in this section include repor ts to the Regional Administrator that, upon approval, will exempt, when appropriate, tank system generators from specific secondary containment standards. In addition, section 265.193(g) allows LQGs to obtain variances from all secondary containment requi rements if they can demonstrate to the Regional Administrator that alternative design and operating practices, together with location characteristics, will be as protective of the environment as secondary containment.

( 1) Equivalent Containment Devices

Section 265.193(d) requires all secondary containment for tank systems to include one or more of the following devices: a liner; a vault; a double

- walled tank; or an equivalent device, as approved by the Regional Administrator. Though some respondents ma y choose to use a previously

- approved containment device, this ICR assumes that generators will submit to the Regional Administrator written22

information regarding the design and type of device, as well as additional information that may be necessary to sub stantiate a claim that the device is equivalent to a liner, vault, or double

- walled tank.

(i) Data items

• Written information regarding the design and type of containment device as well as additional information that may be necessary to substantiate a cla im that the device is equivalent to a liner, vault, or double

- walled tank.

(ii) Respondent activities

Respondents must perform the following activities in obtaining approval for their equivalent

containment device:

• Gather information regarding the desig n and type of containment device as well as additional information necessary to substantiate a claim that the device is equivalent to a liner, vault, or double

- walled tank; and

• Submit the information to the Regional Administrator.

( 2) Exemption from 24 hour Leak Detection Requirement

Section 265.193(e)(3)(iii) requires secondary containment systems to have a leak detection system that will detect a release within 24 hours. If LQGs can demonstrate to EPA that existing technologies or site conditions wil l not allow detection within 24 hours, they may use a leak detection system that will detect failure or contamination "at the earliest practicable time."

(i) Data items

• Demonstration regarding existing technologies or site conditions sufficient to show t hat the leak detection system cannot detect failure or contamination within 24 hours.

(ii) Respondent activities

Respondents must perform the following activities in obtaining an exemption from the 24

- hour detection requirement:

• Compile evidence showing that the leak detection system cannot detect failure or contamination within 24 hours; and

• Submit the evidence to the Regional Administrator.

( 3) Variance from Secondary Containment Requirement

Section 265.193(g) allows LQGs to obtain a variance from a ll secondary containment requirements if they can demonstrate to the Regional Administrator that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous constituents into23

the ground water or surface water as effectively as secondary containment. In the event of a release that does migrate to ground or surface water, facilities must demonstrate the release will pose no substantial

hazard.

(i) Data items

• Written notification to the Region al Administrator indicating intent to conduct and submit a demonstration for a variance from secondary containment. This notification must

contain:

-- Description of the steps necessary to conduct the demonstration (which must address

each factor listed i n §265.193(g)(1) and (2)); and

-- Timetable for completing each step.

(ii) Respondent activities

Respondents must perform the following activities in obtaining a variance from secondary

containment:

• Prepare the notification of intent to conduct a demo nstration;

• Submit the notification to the Regional Administrator (for existing tank systems, notification must be submitted 24 months prior to the date at which secondary containment must be provided; for new systems, notification must be submitted at le ast 30 days before entering into a contract to install the system);

• Complete the demonstration in accordance with section 265.193(g)(1) and (2); and

• Submit the completed demonstration to the Regional Administrator within 180 days of submitting the notifi cation.

( 4) Annual Leak Test and Inspections

Section 265.193(i) requires LQGs, until they meet the secondary containment requirements, to conduct annual leak tests and/or inspections of their tanks and ancillary equipment. Records of these

assessments m

ust be kept on file at the facility.

(i) Data items

• Record of the results of the leak tests and/or inspections (§265.193(i)).

(ii) Respondent activities

Respondents must perform the following activities in filing a record of the assessment results:24

• Fo r non

- enterable underground tanks, conduct a leak test that meets the requirements of section 265.191(b)(5);

• For all other tanks and for ancillary equipment, conduct an annual leak test that meets the requirements in section 265.191(b)(5) or have the tan ks and equipment inspected as described in section 265.193(I)(1);

• Record the inspection and/or test results; and

• Maintain on file at the facility a record of the results.

(e) Responses to Leaks or Spills; Disposition of Leaking or Unfit

- for

- Use Tank Sy stems

Section 265.196 requires LQGs with a tank system or secondary containment system from which there has been a spill to remove it from service immediately. Section 265.196(b) requires LQGs, within 24 hours, to remove enough waste from the system to p revent further release and allow for inspection and repair of the tank. If the LQG can demonstrate that it is not possible to do so within 24 hours, the waste may be removed at the earliest practicable time.

( 1) Exemptions from 24 hour waste removal requ irement

(i) Data items

• Demonstration sufficient to show that, within 24 hours, the generator cannot remove enough waste from the system to prevent further release and allow for system inspection and repair.

(ii) Respondent activities

Respondents must p erform the following activities in making this demonstration:

• Compile evidence showing that, within 24 hours, enough waste cannot be removed from the system to prevent further release and allow for system inspection and repair.

• Submit the evidence to the Regional Administrator.25

(2) Release Notifications and Reports

Section 265.196(d) requires LQGs to comply with certain reporting requirements in the case of a leak or spill. LQGs must notify the Regional Administrator of any release to the environment ( except as defined in §265.196(d)(2)) within 24 hours of detection (if the release has been reported pursuant to 40 CFR part 302 (CERCLA §103), that report will satisfy this requirement), and submit a detailed report within 30 days. In addition, if the gen erator has made major repairs to the system, section 265.196(f) requires that generators submit to the Regional Administrator a certification of major repairs. This certification, obtained by an independent qualified registered professional engineer in ac cordance with section 270.1(d), documents that the system has been repaired and is capable of handling hazardous waste without release, and must be submitted to the Regional Administrator within seven days of returning the

system to use.

(i) Data items

• A notification to the Regional Administrator that there has been a release;

• A report to the Regional Administrator containing the following information:

-- The release's likely migration route;

-- The surrounding soil characteristics;

-- The results of a ny monitoring or sampling conducted in connection with the release (if not available within 30 days, results must be submitted as soon as practicable);

-- The release's proximity to downgradient drinking water, surface water, and population areas; and

-- A description of the response actions taken or planned.

• A certification by an independent, qualified, registered professional engineer in accordance with section 270.11(d) that the repaired system is capable of handling hazardous

wastes without release for the intended life of the system.

(ii) Respondent activities

Respondents must perform the following activities in preparing and submitting release notifications and reports:

• Within 24 hours of detection, notify the Regional Administrator that there has been a release;

• Within 30 days of detection, the LQG must:

-- Determine the release's likely migration route;26

-- Provide information on the surrounding soil characteristics;

-- Conduct appropriate monitoring or sampling;

-- Determine the release's proxim ity to downgradient drinking water, surface water, and population areas;

-- Describe the response actions taken or planned; and

-- Compile the report.

• Submit the report.

(3) Major Repair Certifications

(i) Data item

• Certification

(ii) Respondent Acti vities

Respondents must perform the following activities in preparing and submitting a certification of major repairs:

• Obtain a certification from an independent, qualified, registered professional engineer, in accordance with section 270.11(d); and

 Wit hin seven days of returning the system to use, submit the certification to the Regional

Administrator.

(5) Drip Pads

Under section 262.34(a)(1)(iii), EPA requires LQGs that accumulate hazardous waste on drip pads to comply with contingency plan, asse ssment, upgrading, repair, and release

- related information collection requirements, as well as to document the proper use of drip pads and compliance with 90 day waste removal requirements.

(a) Contingency Plan

Section 265.440(c)(1) provides that facilit ies with infrequent and incidental drippage in storage yards may be exempt from drip pad requirements if they prepare a contingency plan that responds to such drippage.

(i) Data items

• Maintenance of contingency plan that addresses clean

- up of incidental drippage; and27

• Records of clean

- up.

(ii) Respondent activities

Respondents must perform the following activities:

• Prepare contingency plan;

• Document clean

- up of incidental drippage; and

• Retain documentation for 3 years.

(b) Adequacy of Existing Drip Pads

Sections 265.441(a), (b) and (c) require generators using drip pads to maintain on file an assessment of pad integrity, prepare and submit a plan for upgrading the pad (as necessary to meet applicable regulation) to the Regional Administrator, and s ubmit drawings and a certification of the pad to Regional Administration.

(i) Data items

• An assessment of pad integrity;

• A plan for upgrading the pad to meet the applicable regulatory standards; and

• Drawings of the pad and a certification by an indepe ndent, qualified, registered professional engineer that upon completion of repairs and modifications the pad conforms to the drawings.

(ii) Respondent activities

Respondents must perform the following activities:

• Prepare and maintain an assessment of pa d integrity;

• Prepare a plan for upgrading the pad to meet the applicable regulatory standards; and

• Prepare drawings of the pad and obtain the certification of an independent, qualified, registered professional engineer that the pad conforms to the drawin gs.

(c) Design and Operating Requirements

Section 265.443 requires that generators using drip pads must maintain an assessment of the drip pad and records of any release of hazardous waste. These generators must also notify the Regional

Administrator an d provide written notice of any release of hazardous waste as well as of the completion28

of modifications or repairs. Certification of such modifications or repairs is also required. Finally, generators using drip pads must document operating and waste han dling practices in their operating log.

(i) Data items

• An assessment of the drip pad reviewed and certified by an independent, qualified, registered professional engineer;

• A record of any condition contributing to or actual release of hazardous waste fr om the drip pad;

• Notice to the Regional Administrator of any release of hazardous waste;

• Notice to the Regional Administrator of completion of any repairs required to meet applicable standards;

• Certification of an independent, qualified, registered pr ofessional engineer that the repairs satisfy applicable standards; and

• Documentation of operating and waste handling practices.

(ii) Respondent activities

Respondents must perform the following activities:

• Prepare an assessment of the drip pad and have the assessment certified by an independent, qualified, registered professional engineer;

• Place a record of any condition contributing to or actual releases of hazardous waste from the drip pad in the operating log;

• Notify the Regional Administrator of r eleases of hazardous waste and provide written notice of same;

• Provide notice to the Regional Administrator of the completion of any repairs required to meet applicable standards;

• Provide a copy of the certification of an independent, qualified, register ed professional engineer that the repairs satisfy applicable standards to the Regional Administrator; and

• Prepare documentation of operating and waste handling practices.

(d) Certification of Liner

Section 265.444(a) requires generators using drip pads to place a certification of the adequacy of the liner in their operating log.29

(i) Data items

• Certification by an independent, qualified, registered professional engineer that following construction or installation the liner meets the specified regulator y standard.

(ii) Respondent activities

Respondents must perform the following activities:

• Obtain the certification of an independent, qualified, registered professional engineer that following construction or installation the liner meets the specified regulatory standard; and

• Place the certification in the operating log.

(e) Documentation of Waste Removal

Section 262.34(a)(1)(iii) requires generators using drip pads to maintain a description of their 90

- day waste removal practices and to document ea ch waste removal.

(i) Data items

• A description of 90

- day waste removal practices; and

• Documentation of each waste removal.

(ii) Respondent activities

Respondents must perform the following activities:

• Prepare a description of 90

- day waste removal pra ctices; and

• Document each waste removal.

(6) Containment Buildings

Under section 262.34(a)(1)(iv), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with certification, release notification, repair, and design

- related requirements as well as to document storage procedures, waste generation and management practices, compliance with procedures, and that the unit is emptied at least every 90 days.30

(a) Design and Performance Documentation

Section 265.1101(c) and (d) req uire that generators using containment buildings must place a certification of compliance with applicable standards in the record, record releases of hazardous waste, and notify the Regional Administrator of dangerous conditions or releases of waste within 7 days and provide written notice within 14 days. These generators must notify Regional Administrator upon completion of repairs. They must also record and place in the operating plan every 7 days information about operating procedures used to verify th e integrity of areas lacking secondary containment (only in buildings that contain areas both with and without secondary containment).

(i) Data items

• A certification of an independent, qualified, registered professional engineer that the design of the co ntainment building meets applicable regulatory standards;

• Records of any release of hazardous waste from a containment building;

• Notification of the Regional Administrator of any release of hazardous waste within 7 days followed by written notice within 14 days;

• Notification of the Regional Administrator of the completion of required repairs or clean

up; and

• Monitoring data and leak detection data.

(ii) Respondent activities

Respondents must perform the following activities:

• Obtain the certificati on of an independent, qualified, registered professional engineer that the design of the containment building meets applicable regulatory standards;

• Place the certification in the operating record;

• Maintain records of any release of hazardous waste from a containment building;

• Notify the Regional Administrator of any condition contributing to or actual releases of hazardous waste within 7 days, and provide follow

- up written notice within 14 days of a release;

• Notify the Regional Administrator of the com pletion of required repairs or clean

- up; and

• Record monitoring data and leak detection data and place that data in the operating record at least every 7 days.31

(b) Documentation of Areas Lacking Secondary Containment

Section 265.1101(d) requires gener ators using containment buildings to place a description of the facility's procedures to maintain the integrity of areas lacking secondary containment in their operating log. This requirement only applies to containment buildings that contain areas both w ith and without secondary containment.

(i) Data item

• Description of procedures to maintain integrity of areas lacking secondary containment.

(ii) Respondent activities

Respondents must perform the following activity:

• Place description of the facility 's procedures to maintain the integrity of areas lacking secondary containment in the operating log.

(c) Documentation of Procedures and Compliance

Section 262.34(a)(1)(iv) provides that generators using containment buildings must develop written procedu res to ensure that waste stored for 90 days or less. These generators must also describe their waste generation and management practices and document that procedures ensuring limited storage are satisfied. Finally, these generators must document that the ir containment building is emptied at least once every 90 days.

(i) Data items

• A written description of the procedures to ensure that waste is stored no more than 90 days;

• A written description of the waste generation and management practices showing t hey are consistent with such 90 day storage;

• Documentation that procedures restricting the time of storage are satisfied; and

• Documentation that the unit is emptied at least once every 90 days.

(ii) Respondent activities

Respondents must perform the fo llowing activities:

• Prepare a written description of the procedures to ensure that waste is stored no more than 90 days;

• Prepare a written description of the waste generation and management practices showing they are consistent with such 90 day storage;32

• Prepare documentation that 90

- day storage procedures are satisfied; and

• Prepare documentation that the unit is emptied at least once every 90 days.

(7) Requests for Extensions of the Accumulation Period

In the case of an unforeseen, temporary, or an uncontrollable circumstance, section 262. 34(b) allows large quantity generators to apply for up to a 30

- day extension of the 90

- day accumulation period limit. At the discretion of the Regional Administrator, these extensions will be granted on a case

- by

- case basis.

(i) Data items

The data items required in making this request are:

• The unforeseen, temporary, or uncontrollable circumstances causing the need for an extension, and

• The length of desired extension (up to a limit of 30 days).

(ii) Responden t activities

In order to submit this request, the respondent must undertake the following tasks:

• Prepare and submit the request to the Regional Administrator.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

Large quantity generator air emission standar ds comprise two new categories of informational requirements: air emission standards for process vents and air emission standards for equipment leaks.

(1) Air Emissions from Process Vents

( a) Control Device Operation Documentation

40 CFR 265.1033(i) requires owner/operators to prepare documentation describing the operation of control devices different from those specified in section 265.1033(f), (g), and (h) and identifying process parameters that indicate proper operation and maintenance of those con trol devices.

(i) Data items

• Description of the control device operation; and

• Information on the process parameter or parameters that will be used to indicate proper operation and maintenance of the control device.33

(ii) Respondent activities To comply with section 265.1033(i), respondents must perform the following activities:

• Gather information on control device operation and process parameters;

• Document control device operation and process parameter information;

• Maintain documentation at the uni t (required under §265.1035(e));

• Reassess control device documentation; and

• Modify control device documentation, if necessary.

(b) Waste Determination

40 CFR 265.1034(d)(2) requires owner/operators to document waste determinations that are

based on kn owledge of the waste rather than testing.

(i) Data item

Data items required for documenting waste determinations are not specified, but may include the following:

• Production process information documenting that no organic compounds are used;

• Waste gene ration information documenting that the waste is generated by a process identical to a process at the same or another unit that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 pp mw; and

• Prior specification analysis results on the same waste stream where it can be documented that no process changes have occurred since the specification analysis was conducted that could affect the waste total organic concentration.

(ii) Respondent activities

To comply with section 265.1034(d)(2), respondents must perform the following activities:

• Gather information on production processes, waste generation, and specification analysis

• Document information on production processes, waste generatio n, and specification analysis; and

• Maintain documentation at the unit.

(c) Unit Operating Record34

( 1) Implementation Schedule

(i) Data item

Under 40 CFR 265.1035(b) owner/operators are required to record the following information in the unit operatin g record:

• For facilities that comply with the provisions of section 265.1033(a)(2), an implementation schedule that includes dates by which the closed

- vent system and control device will be installed and in operation. The schedule must also include a rat ionale of why the installation cannot be completed at an earlier date.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and

• Modify.

( 2) Up

- to

- date Documentation of Compliance

(i) Data item

• Up

- to

- date documentation of c ompliance with the process vent standards in section 265.1032, including:

-- Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent

and for the overall unit, and the approximate location within the unit of each affected

unit.

-- Information and data supporting determinations of vent emissions and emission reductions achieved by add

- on control devices based on engineering calculations or

sourc e tests.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and35

• Modify.

( 3) Performance Test Plan

(i) Data item

• Where an owner or operator chooses to use test data to determine the organic removal efficiency or total o rganic compound concentration achieved by the control device, a performance test plan that includes the following information:

-- A description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating ranges of key process and control device par ameters during the test program.

-- A detailed engineering description of the closed

- vent system and control device, including:

- Manufacturer's name and model number of control device;

- Type of control device;

- Dimensions of the control device;

- Ca pacity;

- Construction materials.

-- A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures fo r sample analysis.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and maintain; and

• Modify.36

( 4) Documentation of Compliance

(i) Data item

• Documentation of compliance with section 265.1033 including the following

information:

-- A list of all information references and sources used in preparing the documentation;

-- If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" or other engineering texts acceptable to the Regional Administrator that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describ es the control device design in accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;

-- A statement signed and dated by the owner/operator certifying that the operating parameters used in the design analysis reasona bly represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur; and

-- A statement signed and dated by the owner/operator certifying that the cont rol device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of section 265.1032(a) is achieved at an efficiency less than 95 percent or the total organic emission limits of section 265.1032(a) fo r affected process vents at the unit can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement provided by the control device manufacturer or vendor certifying that the control equipment meets t he design specifications may be used to comply with this requirement.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and

• Modify.

( 5) Design, Monitoring and Inspections Information

(i) Data item

• Design documentation and monitoring, operating, and inspection information for each

closed

- vent system and control device required to comply with the provisions including:37

-- Description and date of each modification that is made to the closed

- vent system or
control device des ign;

-- Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with sections 265.1033(f)(1) and (f)(2);

-- Monitoring, operating and inspection information required by paragraphs (f) through (k) of section 265.1033;

-- Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis;

-- Explanation f

or each period recorded under paragraph (4) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;

-- For a carbon adsorption system operated subject to requireme nts specified in sections 265.1033(g) or 265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;

-- For a carbon adsorption system operated subject to requirements specified in section 265.1033(h)(1), a log recording the following information:

- Date and time when control device is monitored for carbon breakthrough and the monitoring device reading;

- Date existing carbon in control device is replaced with fresh carbon; and

- Date of each control device start

- up and s hutdown.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and

• Modify.

( 6) Determination of Applicability to Subpart AA

(i) Data item38

• Up

- to

- date information and data used to determine whether or not a process vent is

s ubject to the requirements in section 265.1032 including supporting documentation as required by section 265.1034(d)(2) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produces is used.

(ii) Res pondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and

• Modify.

(2) Air Emissions from Equipment Leaks

(a) Notification to implement the alternate valve standard specified in section 265.1061(a)

(i) Data items

• 40 CFR 265.1061(b)( 1) requires owners or operators that have decided to implement the alternative standard for valves specified in section 265.1061(a) to notify the Regional Administrator. No specific data items are to be included in this notification.

(ii) Respondent ac tivities

To comply with section 265.1061(b)(1), respondents must perform the following activities:

• Prepare notification; and

• Submit notification to the Regional Administrator.

(b) Notification to discontinue implementing the alternative valve standard specified in section 265.1061(a)

(i) Data items

• 40 CFR 265.1061(d) requires owners or operators that no longer wish to implement the alternative standard for valves specified in section 265.1061(a) to notify the Regional Administrator. No specific data items are to be included in this notification.

(ii) Respondent activities

To comply with section 265.1061(d), respondents must perform the following activities:39

• Prepare notification; and

• Submit notification to the Regional Administrator.

(c) Notifi cation to implement the alternative valve standard specified in sections 265.1062(b)(2) or 265.1062(b)(3).

(i) Data items

• 40 CFR 265.1062(a)(2) requires owners or operators that have decided to implement the alternative standard for valves specified in sections 265.1062(b)(2), or 265.1062(b)(3) to notify the Regional Administrator. No specific data items are to be included in this notification.

(ii) Respondent activities

To comply with section 265.1062(a)(2), respondents must perform the following a ctivities:

• Prepare notification; and

• Submit notification to the Regional Administrator.

(d) Non

- Hazardous waste documentation

(i) Data items

40 CFR 265.1063(d)(3), requires owners or operators that determining that each piece of equipment does or doe s not contain hazardous waste with organic concentration that equals or exceeds 10 percent waste to document the determination if it was based on knowledge rather than testing. Data items required for documenting waste determinations are not specified, bu t may include the following:

• Production process information documenting that no organic compounds are used;

• Waste generation information documenting that the waste is generated by a process identical to a process at the same or another unit that has prev iously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw; and

• Prior specification analysis results on the same waste stream where it can be documented that no process changes have occurred since the specification analysis was conducted that could affect the waste total organic concentration.

(ii) Respondent activities

To comply with section 265.1063(d)(3), respondents must perform the following activities:

• Gather information on production processes, waste generation, and specification analysis;40

• Document information on production processes, waste generation, and specification analysis;

• Maintain documentation at the unit.

(e) Unit operating record

( 1) Equipment Record

(i) Data item

Un der 40 CFR 265.1064(b) owner/operators are required to record the following information in the unit operating record:

• For each piece of equipment to which subpart BB applies:

-- Equipment identification number and hazardous waste management unit identifi cation;

-- Approximate locations within the unit;

-- Type of equipment;

-- Percent

- by

- weight total organics in the hazardous waste stream at the equipment;

-- Hazardous waste state at the equipment; and

-- Method of compliance with the standard.

(ii) Resp ondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 2) Implementation Schedule

(i) Data item

• For facilities that comply with the pr ovisions of section 265.1033(a)(2), an implementation schedule that includes dates by which the closed

- vent system and control device will be installed and in operation. The schedule must also include a rationale of why the installation cannot be complete d at an earlier date.41

(ii) Respondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 3) Performance Test Plan

(i) Data item

• Where a n owner/operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in section 265.1035(b)(3);

(ii) Respondent activities

• Pre pare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 4) Documentation of Compliance

(i) Data item

• Documentation of compliance with section 265.1060, inclu ding detailed design documentation or performance test results specified in section 265.1035(b)(4);

(ii) Respondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.42

( 5) Leak Inspection Log

(i) Data item

• When each leak is detected as specified in sections 265.1052, 265.1053, 265.1057, and 265.1058, an inspection log that includes the following information:

-- Instrument and operator iden tification numbers and the equipment identification number;

-- The date evidence of a potential leak was found in accordance with § 265.1058(a);

-- The date the leak was detected and the dates of each attempt to repair the leak;

-- Repair methods applied in each attempt to repair the leak;

-- "Above 10,000" if the maximum instrument reading measured by the methods specified in section 265.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;

-- "Repair delayed" and the reason for the dela y if a leak is not repaired within 15 calendar days after discovery of the leak;

-- Documentation supporting the delay of repair of a valve in compliance with section 265.1059(c);

-- The signature of the owner or operator (or designate) whose decision it w as that repair could not be effected without a hazardous waste management unit shutdown;

-- The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and

-- The date of successful repair of the leak.

(ii) Respon dent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 6) Design, Monitoring, Operation, and Inspection Information43

(i) Data item

• Design documentation and monitoring, operating, and inspection information for each

closed

- vent system and control device required to comply with section 265.1060 including:

-- Description and date of each modification that is made to the closed

- vent system or control device design;

-- Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with section 265.1033(f)(1) and (f)(2);

-- Monitoring, operating and inspection infor mation required by paragraphs (f) through (j) of section 265.1033;

-- Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis ;

-- Explanation for each period recorded under paragraph (3) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;

-- For a carbon adsorption system operated su bject to requirements specified in sections 265.1033(g) or 265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;

-- For a carbon adsorption system operated subject to requirements specified in section 265.1033(h)(1) , a log recording the following information:

- Date and time when control device is monitored for carbon breakthrough and the monitoring device reading; and

- Date when existing carbon in the control device is replaced with fresh carbon;

-- Date of each control device startup and shutdown;

(ii) Respondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.44

( 7) Equipment Log

(i) Data item

• A log recording the following information for all equipment subject to sections 265.1052 through 265.1060:

-- A list of identification numbers (except welded fittings) for equipment subject to the standards of subpart BB;

-- A list of identification numbe rs for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under sections 265.1052(e), 265.1053(i), and 265.1057(f);

-- Signed designation of thi s equipment as subject to the requirements of sections 265.1052(e), 265.1053(i), and 265.1057(f) by the owner or operator;

-- A list of equipment identification numbers for pressure relief devices required to comply with section 265.1054(a);

-- The dates o f each compliance test required in sections 265.1052(e), 265.1053(i), 265.1054, and 265.1057(f);

-- The background level measured during each compliance test;

-- The maximum instrument reading measured at the equipment during each compliance test; and

-- A list of identification numbers for equipment in vacuum service.

(ii) Respondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 8) Va lve log

(i) Data item

• A log for all valves subject to section 265.1057(g) and (h) that includes the following

information:45

-- A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and

-- A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the pl anned schedule for monitoring each valve.

(ii) Respondent activities

Respondents must:

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 9) In

- com

pliance Valve Log

(i) Data item

• For valves complying with section 265.1062, a log containing the following information:

-- A schedule for monitoring; and

-- The percent of valves found leaking during each monitoring period;

(ii) Respondent activities

• P repare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 10) Criteria Log

(i) Data item

• A criteria log containing the following information:46

-- Criteria re quired in section 265.1052(d)(5)(ii) and section 265.1053(e)(2) and an explanation of the design criteria; and

-- Any changes to these criteria and the reasons for these changes.

(ii) Respondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

( 11) Exemption Log

(i) Data item

• An exemption log containing the following information:

-- An analysis determining the design capacity of the hazar dous waste management unit;

-- A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in sections 265.1052 through 265.1060 and an analysis determining whether these hazardous wastes are heavy liquids;

and

-- An up

- to

- date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in sections 265.1052 through 265.1060. The record shall include supporting document ation as required by section 265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used.

(ii) Respondent activities

• Prepare the data item;

• Reassess the data item;

• File and maintain the data item in the unit operating record; and

• Modify the data item, if necessary.

SMALL QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS47

(1) Labeling

40 CFR 262.34(a)(2) and (3) require that SQGs label each container or tank accumulating hazardous waste with the date upon which each period of accumulation begins and the words "Hazardous Waste." Section 262.34(c)(1) requires SQGs accumulating either hazardous waste or acutely hazardous waste at or near the point of generation to mark thes e containers with the words "Hazardous Waste" or other words that identify the contents of the containers. Section 262.34(c)(2) further requires that, if the SQG accumulates hazardous waste or acutely hazardous waste at satellite accumulation in excess of specified amounts, the SQG must, within three days, move that excess waste to a 90

- day accumulation area. During that three

- day period, the SQG must mark the container holding the excess accumulation with the date the excess amount began accumulating.

( i) Data items :

• Labels with the words “Hazardous Waste” and the date that accumulation began.

(ii) Respondent Activities :

Respondents must perform the following requirements in complying with section 262.34(a)(2) and (3) and 262.34(c)(1) and (2):

• Label all containers and tanks with the words "Hazardous Waste" and the date that accumulation began.

• Label all containers with the words "Hazardous Waste" or other words, and label all

containers with excess accumulation with the date that the excess accumulat ion began (satellite accumulation areas only)

(2) Emergency Procedures

Section 262.34(d)(5)(iv)(A) requires that, in the event of a fire, SQGs must call the fire department or attempt to extinguish it using a fire extinguisher. Section 262.34(d)(5)(iv) (C) requires SQGs to immediately notify the National Response Center in the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water. App licable provisions also require SQGs to document if State or local authorities decline to enter into arrangements to become familiar with the site (265.37(b)), and require SQGs to post emergency information near the phone (262.34(d)(5)(ii)).

(i) Data item s

The data items required in making this report are:

• The name, address, and US EPA identification number of the generator;

• Date, time, and type of incident;48

• Quantity and type of hazardous waste involved in the incident;

• Extent of injuries, if any; and

• Estimated quantity and disposition of recovered materials, if any.

Other data items include:

• Notification to fire department.

• Documentation that local officials decline to enter into arrangements for coordinating

response.

• Emergency information by th e phone.

(ii) Respondent activities

In order to submit data items, the respondent must undertake the following tasks:

• Observe the scene of hazardous waste discharge and gather information regarding the incident;

• Report by phone the requested data item s to the fire department and/or National Response Center;

• Document that local officials decline to enter into arrangements for coordinating response; and

• Post emergency information by the phone.

(3) Requests for Extensions of the Accumulation Period

S ection 262.34(f) allows SQGs to apply for up to a 30

- day extension of the 180

- or 270

- day accumulation period limit. At the discretion of the Regional Administrator, these extensions will be granted in a case

- by

- case basis.

(i) Data items

The data items required in making this request are:

• The unforeseen, temporary, or uncontrollable circumstances causing the need for an extension, and

• The length of desired extension (up to a limit of 30 days).

(ii) Respondent activities49

In order to submit this reque st, the respondent must undertake the following task:

• Prepare and submit the request to the Regional Administrator.

RECORDKEEPING AND REPORTING REQUIREMENTS

Sections 262.40 and 262.43 require all generators to keep records that may be reviewed by EPA

du ring inspections, and to report additional information as required by the Administrator. Section 262.40 requires generators to keep a copy of items, such as the records of test results, for at least three years. Section 262.43 requires generators to furn ish additional reports regarding the volume and nature of their hazardous wastes as deemed necessary.

(i) Data items

The Administrator may require additional data, as deemed necessary, such as copies of any records of test results, waste analyses, or oth er determinations regarding the quantity and disposition of

hazardous wastes.

(ii) Respondent activities

In order to submit the recordkeeping and reporting data items, generators must undertake the following tasks:

• Maintain the test results, waste analy ses, or other determinations;

• Gather and provide any additional information requested by the Administrator.

EXPORTS AND IMPORTS OF HAZARDOUS WASTES

Sections 262.53

- .57 are requirements for "primary exporters," or the persons shipping or arranging to ship hazardous waste to a TSDF outside the boundaries of the United States. All generators meeting the definition of "primary exporters" are required to notify EPA of their intention to export hazardous waste, re

- notify the EPA if the conditions of the or iginal notification are altered (including, under certain circumstances, if a shipment cannot be delivered to the designated or alternate consignee for any reason), file an Annual Report with the Administrator summarizing the types, quantities, frequencies

, and ultimate destination of all hazardous wastes exported during the previous years, and keep copies of relevant documents for a period of three years. EPA may also request that primary exporters provide additional information, as requested by the recei ving country.

Sections 262.83

- .85 are requirements for primary exporters exporting to OECD countries, and are basically the same, except for a few additional information items, which are separately identified

below.

(1) Notification of Intent to Export

Section 262.53(a) requires the primary exporters of hazardous wastes to submit a signed notification of intent to export.50

(i) Data items

The data items required by this notification include:

• The name, mailing address, telephone number, and EPA ID numbe r of the primary exporter; and

• For each consignee, the following information for hazardous waste type:

-- A description of the hazardous wastes and EPA waste number and DOT description;

-- An estimate of the frequency and time period of the shipment to th e consignee;

-- Total quantity of hazardous wastes;

-- Points of entry of (or departure from) each foreign country;

-- A description of the means of transportation and the types of containers containing the hazardous wastes;

-- A description of the waste m anagement techniques to be utilized in managing the wastes in the host countries;

-- The name and site address, of the consignee and any alternate consignee; and

-- The name of any countries through which the hazardous wastes will transit, as well as the p eriod of time the wastes will remain in the transit countries and the nature of its handling while there;

-- After consent is granted, exporter will receive EPA acknowledgment of consent from EPA and must attach acknowledgment of consent to manifest.

• Add itional data items only for exporters to OECD countries (262.83)

-- Fax number

-- Serial number/identifier of notification form

-- Intended carrier(s) and/or agents

-- Countries of export, import, and transit and relevant authorities

-- Certification of th e existence of written contract, chain of custody, or equivalent arrangement with consignee, between exporter and importer

-- Certification that the information is complete and correct51

-- Certification of financial guarantee if required by any concerned co untry (importing and transit).

(ii) Respondent activities

In order to comply with the notification of intent to export requirements, the primary exporter must undertake the following tasks:

• Collect information; and

• Prepare and submit a notification.

Additional tasks are required of exporters to OECD countries:

• Read the regulations codifying the OECD Decision and assess applicability

• Complete the additional information for the Notification of Intent to Export

(2) Re

- notification of Intent to Exp ort

Generators are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped, before the hazardous wastes are exported (§262.53(c)). Under section 262.54(g), if a shipment cannot be delivered to the designated or alternate consignee for any reason, the primary exporter must either re

- notify EPA before the delivery of the shipment to a new consignee (in accordance with §262.53(c)), or instruct the transporter to ret urn the waste to the exporter or a management facility in the United States.

(i) Data items

• Written description of any of the modified notification information. For certain categories of information (e.g., telephone numbers, ports of entry and exit, or decreases in quantity), EPA has waived this re

- notification requirement. EPA will inform the recipient and transit countries of the changes and, upon their consent, forward to the primary exporter an EPA Acknowledgment of Consent.

(ii) Respondent activi ties

In order to comply with the re

- notification of the intent to export requirements, the primary exporter must undertake the following tasks:

• Collect change to export information; and

• Prepare and submit a re

- notification documenting changes.

(3) OECD Tracking Document52

Under section 262.84, primary exporters of hazardous wastes to OECD countries must provide information on a tracking document, in addition to information provided for US manifest requirements (ICR Number 801).

(i) Data items

• Fax numb ers of the export notifier, consignee, and carrier

• Technologies employed by the recovery facility

• Means and mode of transport, including types of packaging

• Countries of export, import, and transit and relevant competent authorities

• Frequency of shipmen t (single or general notification).

(ii) Respondent activities

In order to comply with the tracking requirements, the primary exporter or importer must undertake the following tasks:

• Read the regulations codifying the OECD Decision and assess applicabil ity

• Complete the additional information for the tracking document.

(4) One time Import Notification

The following information, which is required by the OECD Decision, is in addition to the information required for non

- OECD exports and imports, under 40 CFR part 262, subparts E and F, respectively:

The rule codifying the OECD Decision did not impose any significant new or additional information collection requirements on U.S. importers of hazardous waste destined for recovery. However, U.S. recovery fa cilities that import hazardous waste are required to sign additional copies of the tracking document and transmit them to the appropriate parties within three working days instead of the previously required 30 days [see §§264.71(d) and 265.71(d)].

(ii) R espondent Activities

• Read the regulations codifying the OECD Decision and assess applicability

• Sign and transmit the additional copies of the tracking document to EPA, competent authority of exporter country, and competent authority of transit count ry (if applicable)53

• Comply with the expedited response time (three working days) to transmit copies of the signed tracking document to the foreign exporter, EPA, competent authority of exporter country, and competent authority of transit country (if a pplicable). Although the response time has been reduced, there is no additional labor effort or paperwork burden. Therefore, no burden

estimates are calculated for this effort.

(5) Additional Reporting

Under sections 262.53(d) and 262.85(g), EPA ma y request that primary exporters submit additional information, as requested by the receiving country.

(i) Data items

• The data items required by this demonstration are specified by the receiving country.

(ii) Respondent activities

In order to submit th ese reporting data items, primary exporters must:

• Gather and provide any additional information requested by EPA on behalf of the receiving country.

(6) Annual Report Requirements

Section 262.56(a) requires exporters of hazardous wastes to file an Annua l Report with the Administrator summarizing hazardous waste export activities.

(i) Data items

The following data items must be reported annually:

• The EPA identification number, name, and mailing address and site of the exporter;

• The calendar year cove red by the report;

• The name and site address of each consignee;

• For each consignee, the following data:

-- A description of the hazardous waste,

-- The EPA hazardous waste number,

-- The DOT hazard class,

-- The name and US EPA ID number for each transpo rter used,54

-- The total amount of waste shipped, and

-- The number of shipments pursuant to each notification;

• A description of efforts undertaken to reduce the volume and toxicity of wastes generated, as well as a description of any variation in the volu me and toxicity of wastes relative to previous years (not applicable to SQGs, or to LQGs that submitted this information in a Biennial Report); and

• A signed certification.

(ii) Respondent activities

In order to comply with the Annual Report requirements , the primary exporter must undertake the following tasks:

• Research the information needed for SQGs and LQGs; and

• Prepare and submit a report.

(7) Recordkeeping Requirements

Section 262.57(a) requires all primary exporters to keep a copy of certain doc uments for a period of at least three years after the wastes were accepted by the initial transporter (or longer if requested by the Administrator or if related to an activity subject to an enforcement action):

(i) Data items

The following records must b e kept:

• Notification of intent to export;

• EPA acknowledgment of consent;

• Confirmation of delivery from the consignee; and

• Annual report.

(ii) Respondent activities

In order to comply with the recordkeeping requirements, the generator must undertake the following task:

• File and maintain the notification of intent, acknowledgment of consent, confirmation of delivery, Annual Report, and Exception Reports for a period of at least three years.55

5. THE INFORMATION COLLECTED

-- AGENCY ACTIVITIES, COLLECTIO N METHODOLOGY, AND INFORMATION MANAGEMENT

The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the information it collects.

The subsection s also include a discussion of how the information collection requirements affect small

entities.

5(a) AGENCY ACTIVITIES

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

There are no Agency activities associated directly with generator waste determinations. EPA may review results of such determinations during site inspections.

LARGE QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS

Although personnel training information is not formally submitted to EPA, EPA may review information collected from the requirement s during facility inspections. Therefore, this analysis assumes that the Agency will spend a minimal amount of review time at certain facilities.

Agency activities associated with emergency reporting requirements include reviewing documents in the emerg ency coordinators' emergency reports.

Agency activities associated with the receipt of reports of releases are review of the information submitted, entry of this information into a database tracking all releases, and, if necessary, transmittal of

the info rmation to the respective emergency response authorities.

Agency activities associated with requirements for generators' tank systems include the following:

• Review and evaluate information on equivalent containment devices;

• Evaluate information submitt ed for exemption from the 24

- hour leak detection requirement; and

• Evaluate information submitted for variances from secondary containment requirements, including no

- free liquids demonstrations.

In addition, the Agency must perform the following activitie s for generators' tank systems:

• Evaluate information submitted for exemption from 24

- hour waste removal requirement;

• Review existing tank integrity assessments;

• Review new tank design and installation assessments;56

• Review release notification reports;

• Review major repair certifications; and

• Review requests for accumulation period extensions.

Agency activities associated with requirements for generators' drip pads include the following:

• Review plans for upgrading drip pads;

• Review and evaluate drawi ngs and certifications of drip pads;

• Evaluate notices of releases from drip pads; and

• Review repairs conducted to drip pads.

Agency activities associated with requirements for generators' containment buildings include the following:

• Review and evaluate notifications of releases of hazardous waste; and

• Review notices of repairs to containment buildings.

Some of the records and certifications required under this section are not formally submitted to EPA, but must be kept on file at the facility and mad e available to EPA upon request. On others, the regulations are not explicit about whether a demonstration must be submitted to EPA; this ICR generally assumes that LQGs submit the demonstrations anyway.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

(1) Air Emissions from Process Vents

There are no Agency activities associated with the requirements for generators with process vents. Although EPA will examine monitoring documentation, control device documentation, waste determination documentation, and information required in the operating record during periodic inspections, these activities are part of EPA's overall compliance and enforcement program. Therefore, the cost associated with these activities is not attributable to subpart AA.

(2) Air Emissions from Equipment Leaks

Agency activities associated with the requirements for generators with equipment subject to subpart BB include:

• Reviewing notifications to implement the alternate valve standard specified in section 265.1061(a));57

• Reviewin g notifications to discontinue implementing the alternate valve specified in section 265.1061(a)); and

• Reviewing notifications to implement the alternate valve standard specified in sections 265.1062(b)(2) or (b)(3)).

SMALL QUANTITY GENERATOR PRE

- TRANSPO RT REQUIREMENTS

The Agency activities associated with SQG pre

- transport requirements include reviewing requests for extensions of the accumulation period under section 262.34(e). No other information is required to be submitted to EPA (SQG notification r equirements include contacting the National Response Center, operated by the Coast Guard).

RECORDKEEPING AND REPORTING

Agency activities associated with the recordkeeping and reporting requirements include the on

site review of documents maintained at a facility, and the review of submitted information and the entry

of this information into a database.

EXPORT AND IMPORT REQUIREMENTS

Agency activities associated with the receipt of notifications and re

- notifications of intent to export hazardous waste involve the review of this information, and to submit, in conjunction with the Department of State, a notification to the receiving country and any transit countries. Upon the consent (or refusal) of the receiving countries to the receipt of the hazardo us waste, the Agency will forward to the primary exporter an acknowledgment of consent (or a written notification of the objection). Other Agency activities associated with the export of hazardous waste are the receipt of Annual Reports. The Agency will review these documents and enter them into a database. During compliance inspections, the Agency will also review records kept on site.

The OECD Decision requires the Agency to perform the following additional information collection and management activi ties. These activities are in addition to the baseline (non

- OECD) information collection and management requirements already imposed by RCRA for hazardous waste exports and imports. 2

Exports from the U.S.:

 Receive and record the Acknowledgment of Rece ipt from the importing country

 Receive and record the Tracking Document received from the foreign recovery facility.

Imports to the U.S.:

2 The quant ifiable benefit to EPA in implementing the OECD Decision is the reduced burden cost to EPA to implement the exporter procedures required under the OECD Decision. The Agency is relieved of having to forward the importing country's Acknowledgment of Consent or denial to the U.S. exporter.58

 Transmit an Acknowledgment of Receipt to the foreign exporter, competent authority of the foreign exporting country , and competent authority of transit country(ies) if applicable

 Receive and record the Tracking Document received from the U.S. recovery facility.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

In collecting and analyzing the information required under the generator requirements, EPA uses personal computers and applicable database software, when appropriate.

5(c) SMALL ENTITY FLEXIBILITY

When promulgating the regulations covered under this ICR, EPA considered the effect of these regulations on small busine sses. EPA found, however, that most small businesses do not generate a sufficient quantity of hazardous waste to be subject to any recordkeeping requirements and, therefore, are not significantly affected by the generator standards. EPA has been directed by Congress to promulgate standards to protect public health and the environment. In certain cases, such as the Annual Report requirements for primary exporters of hazardous waste, EPA has limited the informational requirements for small generators. Thes e facilities do not have to include a description of efforts taken to reduce waste volume or toxicity, or descriptions of any variation in the volume and toxicity of wastes relative to previous years. Certain categories of small entities are exempt from t he information collection requirements described herein. Others are subject to reduced requirements. The training requirements do not apply to small quantity generators. Nor are they subject to the contingency plan and emergency procedure requirements. Finally, such generators are subject to reduced tank standards under section

265.201.

5(d) COLLECTION SCHEDULE

HAZARDOUS WASTE DETERMINATION REQUIREMENTS



### There is no collection schedule for generators’ hazardous waste determinations under this

data col lection effort

. Instead, the hazardous waste determination information collection schedule

is addressed under Land Disposal Restrictions ICR, Number 1442.

PRE

- TRANSPORT REQUIREMENTS (FOR BOTH LQGs AND SQGs)

The reporting requirements outlined in the reg ulations will vary according to individual facility circumstances. Because container labeling and keeping records of personnel training are conducted onsite, a discussion of a collection schedule is not relevant.

There is no collection schedule for gener ators reporting releases of hazardous waste into the environment, as facilities only report on these occasions. The emergency coordinator must immediately notify the appropriate authorities of an imminent or actual emergency situation. An LQG must submit a written report of any incident that requires the implementation of the contingency plan within 15 days of its occurrence. Since generators are not required to submit their contingency plans to EPA, discussion of

a collection schedule for these facilitie s is not applicable.59

Records of tank system assessments, statements on design and installation, and records of annual leak tests and inspections are kept by the LQGs. Therefore, a discussion of a collection schedule is not applicable. The time frame fo r submitting demonstrations provided under this section is dependent upon the desire of LQGs to submit such demonstrations. However, the regulations do specify time frames for submissions related to certain situations. LQGs must submit release notificati on reports within 30 days of detecting a release. In addition, the certification of major repairs (required under §265.196(f)) must be submitted within seven days of returning the repaired tank system to use. With regard to drip pads, plans for upgrading drip pads must be prepared 2 years before completion of such repairs, pad assessments must be recertified annually, records of releases must be documented upon detection and notice provided to EPA within 24 hours (written notice in within 10 days), and no tice of repairs provided upon completion of such repairs. As for containment buildings, certification that the building meets design requirements is required within 60 days of initiating operation, records of releases must be filed upon

detection and noti ce to EPA provided within 7 days (written notice within 14 days). In addition, monitoring data must be placed in the record every 7 days.

There is no collection schedule for generators requesting extensions from the Regional

Administrator of the accumu lation period, as these requests presume unforeseen circumstances.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

The regulations at 40 CFR part 265, subparts AA and BB for generators do not specify time frames for submittals, and a discussion of a sche dule regarding these requirements is not applicable.

RECORDKEEPING AND REPORTING

As the recordkeeping regulations in section 262.40 do not require the transmittal of any information, a discussion of a schedule regarding this requirement is not applicable . Additionally, as section 262.43 allows the Administrator to require additional information of generators on an irregular basis, a discussion of a collection schedule is not applicable.

EXPORT REQUIREMENTS

Generators meeting the definition of primary e xporters should notify the EPA 60 days before the initial shipment of waste is scheduled to leave the United States (§262.53). The notifications of intent to export are collected as necessitated by generator activities. EPA has limited the burden of coll ection by allowing one notification to cover activities extending over a twelve

- month period, unless certain

conditions are altered.

Under the rule codifying the OECD Decision, Notification of Intent to Export submissions and tracking documents are genera ted and sent to EPA on a random, occurrence

- specific basis for which there is no formalized schedule. Once these events do occur, notifications must be sent to EPA within 45 days prior to initiating waste exports, and tracking documents must be sent to EP A by U.S. recovery facilities within three working days of receipt of imported wastes.

The collection schedule for export activity Annual Reports requires their submittal no later than March 1 of the following year (§262.56). The report must include info rmation regarding the primary exporter, transporter, and consignee, as well as the volume and characteristics of the waste. The report must also include a description of any variation in the volume and toxicity of wastes relative to previous years (not a pplicable to generators of more than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month or to those already submitting information in the Biennial Report), and a signed certification. The recordkeeping regulations in section 262.57 do not require the transmittal of any information; a discussion of a schedule regarding this requirement is not applicable.60

6

. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING ANNUAL RESPONDENT BURDEN

This ICR is a comprehensiv e presentation of all of the information collection activities required for generator standards and covers Fiscal Years 201 4

- 201 6

.

Exhibit 1 summarizes the universe of generators. EPA estimated respondent burden hours and

costs associated with all of th e requirements covered in this ICR in the following exhibits: Exhibit 2 addresses both LQG and SQG respondent burden for reading the regulations; Exhibit 3 addresses LQG

pre

- transport requirements; Exhibit 4 addresses LQG air emission standards; Exhibit 5 addresses SQG

pre

- transport requirements; Exhibit 6 and 7 address specific export and import requirements for all generators; and Exhibit 8 summarizes total annual aggregate respondent burden and costs for all

activities.

6(b) ESTIMATING ANNUAL RESPONDENT COSTS

Exhibits 2 through 8 estimate the costs to generators based on the cost of labor, operation and maintenance (OM), and capital. For purposes of this analysis, EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $128.93 for legal staff, $76.21 for managerial staff, $56.77 for technical staff, and $34.15 for clerical staff. These wage rates were used in the recently developed ICR renewal for the Land Disposal Restriction requirements. (See ICR No. 1442, OMB contro l

number is 2050

- 0085). In turn, these rates are based on actual Bureau of Labor Statistics (BLS) mean rates, plus overhead and fringe benefits.

In the following paragraphs, EPA estimates capital costs associated with the information requirements cov ered by this ICR. Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. For this ICR, the only required capital is file cabinets for maintaining reports. As shown in Exhibit 9, EPA estimates the total average annual capital cost to all generators, collectively, to be approximately $24, 768

.

• Estimate the total annual volume of reports required to be retained by all generators. In total, EPA estimates that L QGs must maintain approximately 91 pages of reports annually, while SQGs maintain approximately 2 pages.

• Ascertain the number of standard

- size file cabinets that would provide the needed capacity and estimate the aggregate purchasing price . Given that a standard

- size, five

- drawer, lateral file cabinet holds approximately 16,000 pages, EPA estimates that the hazardous waste industry would need to purchase approximately 91 file cabinets each year (i.e., 1, 342,264 /16,000). These 84 file cabinets represent t he total capacity needed by the industry, collectively, to store all of its reports. EPA estimates that the purchasing price for one file cabinet is $870, and

for all 84 file cabinets, $ 73,080

.

Annualize the aggregate cost of standard

- size file cabinets. EPA annualized the aggregate cost of $73,080 over three years at a seven percent annual discount rate. In total, EPA estimates an annual capital cost of $24,768 for 84 file cabinets needed by small and large quantity generators. 3

3 

### Based on an OMB

- approved discount rate of seven percent (OMB Circular A

- 94) and a61

For this ICR, because the estimated cost of one file cabinet was confirme d to be the same as in previous years, the total costs were estimated by using a percentage of the previous total based on the decrease in the universe of respondents.

O&M costs are those costs associat ed with a paperwork requirement incurred continually over the life of the ICR. They are defined by the PRA as “the recurring dollar amount of cost associated with O&M or purchasing services.” For this ICR, O&M costs cover postage and an envelope for repo rts sent to other parties $1.56 postage, 4 cents per standard envelope) photocopying of reports submitted to the Agency (11 cents per page), for long

- distance phone calls ($5.00 per call). O&M costs are shown in

Exhibits 2 th r ough 9 for all applicable act ivities.

6(c) ESTIMATING ANNUAL AGENCY BURDEN AND COST

EPA estimates Agency burden hours and costs associated with all the requirements covered in this ICR in Exhibit 9. EPA estimates an average hourly Agency labor cost of $ 81.00 for Regional legal staff, $ 58.28 for Regional managerial staff, $ 40.89 for Regional technical staff, and $ 24.86 for Regional

clerical staff. EPA used the 201 4 Federal Pay Schedule salary figures to estimate annual compensation of Regional legal, managerial, technical, and clerical staff. For purposes of this ICR, EPA assigned Regional staff the following government service levels:

Legal staff GS

- 15, Step 1 Managerial staff GS

- 13, Step 1

Technical staff GS

- 11, Step 1

Clerical staff GS

- 06, Step 1

EPA divided annual com

pensation estimates by 2,080, the number of hours in a Federal work year, and multiplied the rates by the standard government overhead factor of 1.6 to derive hourly rates.

6(d) ESTIMATING THE RESPONDENT UNIVERSE

LARGE QUANTITY GENERATOR AND SMALL QUANTI TY GENERATOR REQUIREMENTS (Exhibits 1 and 2)

(1) Reading the Regulations

Based on the 20 11 Biennial Reporting System (BRS), which is the most currently available, EPA estimates that there are approximately 14, 262 LQGs. EPA estimates that a number of t hese LQGs (3 7 0 ), however, are also hazardous waste treatment, storage, and disposal facilities (TSDFs) and an estimated 300 LQGs are federal facilities

. These facilities are covered by other ICRs and therefore deleted from

facilities covered in this docume nt, yielding an estimated 13,592 LQGs.

The methodology used to estimate the number of small quantity generators (SQGs) is different than in previous years, and we believe more reliable. For this information data collection effort, EPA used the generator RCRA ID found on the 2007

- 2011 Waste Received (WR) forms in the BRS and cross

walked and matched that with the RCRA ID found on the BRS’s Site ID form to identify whether the generator or not the generator was an SQG.

The Agency then estimated both a lo w end and high end universe of SQGs by selecting two data points: (1) any SQG identified in the 2011 BRS; and (2) any SQG identified in either the 2007, 2009 or 2011 BRS reporting cycles because SQGs move in and out of different generator categories over t ime.



### required three

- year retention period for generator records

.62

This methodology derived an estimated universe of 52,732 of which EPA estimates that 36 are federal

facilities , yielding 52,696 SQGs

. As shown in Table 2

, an estimated total approximately 67,288 generators comprise the respondent universe

. As show n in Exhibit 2, EPA expects that each LQG will average one hour to read the generator standards once a year, while each SQG will average 42 minutes per year.

Table 2

UNIVERSE OF GENERATORS

WASTE HANDLER

TYPE Total number TSD F ederal

NUMBER OF WA STE

HANDLERS

Large Quantity Generator 

### 14,262 370 300 13,592

Small Quantity Generator 

### 52,732 36 52,696

Total 

### 67,288

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

Under 40 CFR 262.11, all generators must determine whether their solid waste qualifies as hazardous under RCRA. Generators may test the waste or use knowledge of the waste to make this

determination.

EPA notes that generators must also determine, under the Land Disposal Restrictions (LDR) Program, whether their haz ardous waste is restricted from land disposal, as required by 40 CFR 268.7(a)(1) and 268.9(a). EPA has burdened generators for their LDR determinations in the Land Disposal Restrictions ICR, Number 1442.

EPA has confirmed through consultations that gene rators normally make their hazardous waste and LDR determinations simultaneously and therefore do not incur a separate burden for each determination. For example, a generator would normally make a single request to a laboratory to

determine if its waste i s both hazardous and restricted from land disposal. Given this reasoning, EPA does not burden generators in this ICR for making hazardous waste determinations, since this burden is already reflected in ICR 1442.

LARGE QUANTITY GENERATOR PRE

- TRANSPORT REQ UIREMENTS (Exhibit 3)

(1) Labeling

In section 262.34(a)(2) and (3), EPA requires all LQGs to label containers with the words “Hazardous Waste” and the date of accumulation. EPA expects that all LQGs to comply with this requirement. In section 262.34 ( c)(1) and (2), EPA requires LQGs accumulating hazardous waste at satellite accumulation areas to label containers as specified. EPA expects that all LQGs will comply with these requirements each year.

(2) Personnel Training63

In section 262.34(a)(4), EPA requires all LQGs to comply with the personnel training requirements in section 265.16(d). Section 265.16(d) and (e) require that LQGs maintain copies of personnel training documents and records at their facilities. Based on an examination of historical BRS data and trends, EPA estimates that about 22 percent, or 2,990 LQGs each year are new entrants into the hazardous waste universe and will be required to collect information regarding their employees' training experiences.

(3) Contingency Planning and Emergency Procedures

This ICR assumes that existing LQGs have already prepared contingency plans. Therefore, only new LQGs will be required to document whether State or local authorities decline to enter into an agreement to become familiar with the LQG 's facility and its wastes, and to prepare and maintain a contingency plan. EPA estimates LQGs will need to make copies of and send the plans to three local authorities, on average. Amendments to contingency plans of LQGs must also be made when appropria te. EPA estimates that about 9 percent of the new LQG entrants, or 272 new LQGs will prepare original contingency plans annually, and that 10 percent of the LQG universe, or 1,359 LQGs will amend their contingency plan annually, during the period covered b y this ICR.

Based on Emergency Response and Notification System (ERNS) data, the Agency estimates that about 1.7 percent of all LQGs will have emergency incidents requiring implementation of the contingency plan. Therefore, approximately 231 LQGs will b e required to prepare emergency reports each year.

(4) Tank Systems

In section 262.34(a)(1), EPA requires all LQGs that accumulate hazardous waste in tanks for 90 days or less to comply with subpart J of part 265. Of all 13,592 LQGs, EPA estimates tha t 75 percent use containers to accumulate hazardous waste, and the remaining 25 percent use tank systems. The respondent universe for LQGs operating tank systems is 3,398 LQGs.

Depending on how the tank owner desires to comply with the regulations, he or she may need to submit one or more of the following: a no

- free

- liquids demonstration (§265.190(a)), existing tank system assessments (§265.191), an equivalent containment exemption (§265.193(d)), a variance from secondary containment requirements (§265.1 93(g)), or annual leak tests and inspections (§265.193(i)). Most LQGs seeking to operate under these conditions have already made the required demonstrations. In general, only LQGs recently subjected to hazardous waste regulations will need to perform th ese demonstrations.

EPA estimates that approximately three percent or 102 respondents are subject to the leak tests and that one percent or 34 LQGs are subject to the other demonstration and testing requirements in sections 265.190 through 265.193.

In addition, in certain circumstances (e.g., a new tank, a hazardous waste release, or a repair to a tank), LQGs must submit one or more of the following: new tank system assessments and certifications (§265.192); an exemption from the 24

- hour leak detection requirement (§265.193(e)(3)(iii)); or release notifications and reports, and major repair certifications (§265.196(d) and (f)). As these are ongoing informational requirements, EPA estimates that:



###  Three percent or 102 LQGs will need to make new ta nk system assessments and certifications. Of that number, approximately four (4) facilities will petition for an exemption from

the 24

- hour leak detection requirement; and



###  One percent or 34 LQGs will report a release or a major repair certificati on. In addition, approximately four (4) facilities will need to compile evidence of their inability to comply with the

24

- hour waste removal requirement.64

(5) Drip Pads

Under section 262.34(a)(iii), EPA authorizes LQGs to store hazardous waste on drip pads for 90 days or less pursuant to part 265, subpart W. Part 265, subpart W is primarily applicable to those facilities conducting wood preserving operations. EPA expects that most existing wood preserving sites have already conducted the one

- time activities (e.g., contingency planning, integrity assessments) required in part 265. New entrants to the wood preserving industry, however, would be subject to these requirements. Based on an analysis of 2011 BRS data, EPA expects that, each year, 8 new sites will be subject to these one

- time requirements. EPA further expects that one percent of LQGs will prepare a contingency plan for incidental drippage and will have a condition contributing to an actual release of hazardous waste and be subject to th e recordkeeping, notification, repair and certification requirements.

(6) Containment Buildings

Under section 262.34(a)(iv), EPA authorizes LQGs to store hazardous waste in containment buildings for 90 days or less pursuant to part 265, subpart DD. Part 265, subpart DD is potentially applicable to all large quantity hazardous waste generators. EPA estimates that approximately 0.1 percent of the LQGs (14) use containment buildings. EPA estimates that 29 percent of these affected facilities (4)

will be subject to the recordkeeping and notice requirements associated with hazardous waste releases, and that all of these 14 facilities will require documentation to support compliance with subpart DD requirements.

(7) Requests for Extensions of the Accum ulation Period

EPA promulgated regulations in section 262.34(b) allowing LQGs to request extensions (up to 30 days) of the accumulation period limit from the Regional Administrator. EPA estimates that only one percent of all LQGs, approximately 136 LQGs, will request this extension each year.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS (Exhibit 4)

(1) Air Emissions from Process Vents

EPA estimates that 1.5 percent of all LQGs, or 200 generators will be subject to 40 CFR part 265, subpart AA, in lig ht of the applicability requirements of section 265.1030(b)(1)

- (3). Of this estimate, approximately 50 percent, or 100 LQGs, will be subject to reassessing their implementation schedule, documentation with compliance, and performance plan, among other oper ating record requirements.

(2) Air Emissions from Equipment Leaks

Based on an analysis of the 2009 BRS, as well as discussions with a sample of large quantity generator facilities, EPA estimates that up to 3,797 (or 28 percent) LQGs are subject to 40 CFR part 265, subpart BB requirements

– depending on the specific paperwork burden category.

(a) Notification to implement the alternate valve standard specified in Section 265.1061(a)

Based on previous experience, EPA estimates that 20 percent of generato rs subject to subpart BB will decide to implement the alternative standard specified in section 265.1061(a) each year. Therefore,

761 facilities will be required to prepare notification to implement the alternate valve standard specified

in section 265.106 1(a).65

(b) Notification to discontinue implementing the alternative valve standard specified in Section 265.1061(a)

Based on previous experience, EPA estimates that 761 generators subject to subpart BB (i.e., 28 percent of the total affected universe) ha ve implemented the alternative standard for valves specified in section 265.1061(a), and one percent of these generators will discontinue using the alternative standard each year. Therefore , 8 generators will be required to prepare notification to discont inue implementing the alternate valve standard specified in section 265.1061(a).

(c) Notification to implement the alternative valve standard specified in Section 265.1062(b)(2), or (b)(3).

Based on previous experience, EPA estimates that 1.4 percent of generators subject to subpart BB will decide to implement the alternative standard specified in section 265.1062(b)(2) or (b)(3) each year.

Therefore , 190 generators will be required to prepare notification to implement the alternate valve standard speci fied in section 265.1062(b)(2) or (b)(3).

(d) Non

- Hazardous Waste Documentation

Based on previous experience, EPA estimates that 1.4 percent of generators with equipment subject to subpart BB will use knowledge to determine that each piece of equipment d oes or does not contain hazardous waste with organic concentration that equals or exceeds 10 percent waste. Therefore, approximately 392 facilities will be required to prepare non

- hazardous waste documentation.

(e) Unit Operating Record

All generators s ubject to subpart BB are required to maintain a unit operating record. The contents of the operating record will vary according to site

- specific circumstances. A discussion of the respondent burden for each data item is presented below:

(i) Equipment Re cord

This ICR assumes that generators with equipment subject to subpart BB have already prepared an equipment record. EPA estimates that all generators (3,797) units will reassess, file, and maintain their equipment record, and 10 percent of this univers e (approximately 380 units) will modify it annually.

(ii) Implementation Schedule

This ICR assumes that generators with equipment subject to subpart BB have already prepared an implementation schedule. EPA estimates that all generators (3,797) will rea ssess, file, and maintain their implementation schedule, and 10 percent of this universe, approximately 380 units will modify it annually.

(iii) Performance Test Plan

This ICR assumes that generators using test data to demonstrate the organic removal eff iciency or total organic compound concentration achieved by the control device have already prepared a performance test plan. EPA estimates that all generators using test data to demonstrate the organic removal efficiency or total organic compound concent ration achieved by the control device (approximately 3,797 facilities) will reassess, file, and maintain their performance test plan, and 10 percent (approximately 380 units) will modify it annually.

(iv) Documentation of Compliance with Section 264.106066

This ICR assumes that generators subject to subpart BB have already prepared a documentation of compliance. EPA estimates that all generators (3,797 units) will reassess, file, and maintain their section 265.1060 compliance documentation, and 10 percent (approximately 380 units) will modify it annually.

(v) Leak Inspection Log

EPA estimates that all generators subject to subpart BB (3,797 units) may have equipment leaks during the period covered by this ICR. Therefore, 3,797 will be required to prepare and maintain a leak inspection log. All generators will be required to reassess and modify their inspection log.

(vi) Design, Monitoring, Operation, and Inspection Information

This ICR assumes that generators with equipment subject to subpart BB have already prepared design, monitoring, and inspection information for each closed

- vent system and control device. EPA estimates that all generators with closed

- vent systems and control devices (approximately 3,797 units) will reassess, file, and maintain co ntrol device operation documentation, and 10 percent (approximately 380 units) will modify it annually.

(vii) Equipment Log

This ICR assumes that generators with equipment subject to subpart BB have already prepared an equipment log. EPA estimates that all generators (3,797 units) will reassess, file, and maintain their equipment log, and 10 percent (approximately 380 units) will modify it annually.

(viii) Valve Log for Valves Subject to Section 265.1057(g) and (h)

This ICR assumes that generators wi th valves subject to section 265.1057(g) and (h) have already prepared a valve log. EPA estimates that all generators with valves subject to section 265.1057(g) and (h) (approximately 7 percent or 266 units) will reassess, file, and maintain their valve l og, and one percent (approximately 95 units) will modify it annually.

(ix) Valve Log for Valves Subject to Section 265.1062

This ICR assumes that generators with valves subject to section 265.1062 have already prepared a valve log. EPA estimates that a ll generators with valves subject to section 265.1062 ( approximately 1.4 percent or 190 units) will reassess, file, and maintain their valve log, and 10 percent (approximately 19 units) will modify it annually.

(x) Criteria Log

This ICR assumes that gen erators subject to subpart BB have already prepared a criteria log documenting information required in sections 265.1052(d)(5)(ii) and 265.1053(e)(2) for pumps in light liquid service and compressors. EPA estimates that all generators with equipment subje ct to sections 265.1052(d)(5)(ii) and 265.1053(e)(2) (3,797 units) will reassess, file, and maintain their criteria log, and 10 percent (approximately 380 units) will modify it annually

.

(xi) Exemption Log

This ICR assumes that generators potentially subject to subpart BB have already documented information determining applicability of subpart BB to their unit's equipment. EPA estimates that all67

generators (3,797 units) will reassess, file, and maintain this documentation, and 10 percent (approximatel y 380 units) will modify it annually.

SMALL QUANTITY GENERATOR PRE

- TRANSPORT REQUIREMENTS (Exhibit 5)

(1) Labeling

This ICR assumes that all SQGs will need to label their containers and tanks in compliance with the section 262.34(a)(2) and (3) and secti on 262.34(c) requirements.

(2) Emergency Procedures

EPA promulgated regulations in section 262.34 requiring SQGs to immediately notify the local fire department and/or National Response Center, as specified, for emergencies. Based on recent ERNS data, EPA estimates that 1.7 percent of all SQGs (896) will report such an event each year.

(3) Requests for Extensions of the Accumulation Period

EPA promulgated regulations in section 262.34(f) allowing SQGs to request from the Regional

Administrator exten sions (up to 30 days) of the accumulation period limit. EPA estimates that one tenth of one percent of all respondents, approximately 53 SQGs , will request an extension each year.

RECORDKEEPING AND REPORTING REQUIREMENTS (Exhibit 6)

All generators (both LQGs and SQGs) must comply with the recordkeeping and reporting requirements detailed in sections 262.40 and .43. This ICR does not burden generators for their hazardous waste determinations, since they are already burdened for recordkeeping of test resu lts in the LDR ICR, Number 1442. ( Refer to the “Hazardous Waste Determination Requirements” in this section for further discussion on EPA’s assumptions .) EPA estimates that one tenth of one percent of all generators, approximately 67, will also be requir ed to submit certain additional information (§262.43). Based on the ratio of LQGs to SQGs, EPA estimates that approximately 14 are LQGs and 53 are SQGs.

EXPORT AND IMPORT REQUIREMENTS (Exhibits 7 and 8)

Based on export notifications tracked by EPA’s Off ice of Enforcement and Compliance Assurance (OECA), EPA estimates that approximately 702 generators will export hazardous waste each year under 40 CFR 262.53, and .55

- .57, and will be required to notify EPA of their intention to export hazardous waste, f

ile an Annual Report with the Administrator summarizing the types, quantities, frequencies, and ultimate destination of all hazardous wastes exported during the previous years, and keep copies of relevant documents for a period of three years. Data were no t available for generators re

notifying under 40 CFR 262.54(g). We therefore pro

- rated 2011 notification to re

- notification data to

derive an estimate of 117 re

- notifications.

Exhibit 8 provides estimates on the number of LQGs and SQGs who intend to trad e with OECD countries, as well as facilities who imported materials from OECD countries. These data were collected and provided by OECA

SUMMARY OF BURDEN HOURS and COSTS

6(e) Bottom Line Burden Hours and Costs

Based on the above assumptions, affected u niverses and associated labor and operating costs, EPA estimates that 253,519 burden hours and $14,674, 93 4 will be required annually to support68

recordkeeping and reporting requirements for large and small quantity generators. EPA also estimates

that the b urden to the Federal Government will be 4,530 hours and an annual cost of $179,745.

6(f) Changes in Estimated Burden

EPA estimates a decrease of 22,323 annual hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR B urden of 275,842 hours.

6( g ) Reasons for Change in Burden

Three factors explain the overall change in the total estimated burden. First, there was a decrease in the number of SQGs and LQGs. In estimating the hourly burden for the 2010 ICR, the Agenc y estimated both a low and high end estimate for SQGs but provided a high end for purposes of estimated hourly burden. In this ICR, both a new methodology is used, and the Agency provides a more realistic (and reliable) estimate of the SQG universe by taki ng the average of both the low and high end SQG

universes.

Second, the Agency re

- examined the time required to develop and maintain LQG contingency plans by surveying several states familiar with this activity. This resulted in an increase of 38.5 percen t per facility , or an overall increase of 15,504 hours or 187 percent between 201 1 and 2014 for the affected contingency plan functions

.

Third, the number of generators exporting and importing hazardous waste increased substantially

between the 2011 and 2014 as a result of the Organization for Economic Cooperation and Development (OECD)

– Spent Lead Acid Battery ( SLAB ) rule that became effective in July of 2010

– too late to impact the 2010 ICR. Between 2011 and 2014, the number of generators either imp orting or exporting hazardous waste increased from 1,293 to 3,256 for an increase of 152 percent.

6( h ) Burden Statement

The average public reporting under this collection of information is estimated to be .75 hours per respondent. The average public r ecordkeeping burden under this collection of information is estimated to be .06 hours per respondent. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 3 hours per response

.

Burden means the total time, effort, and financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize techno logy 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 req uirements; 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 thi s 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 No. EPA

- HQ

- RCRA

2014

- 0295 , which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open fr om 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202)566

- 1744,69

and the telephone number for 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

“sea rch,” 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. Pleas e include the EPA

Docket ID Number EPA

- HQ

- 2014

- 0295 and OMB Control Number 2050

- 0035 in any correspondence.70717273747576777879808182