SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 0820.14

HAZARDOUS WASTE GENERATOR STANDARDS

September 2014

TABLE OF CONTENTS
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1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information 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............................................................................................... 12

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 

3(a) Nonduplication ............................................................................................................... 15

3(b) Public Notice.................................................................................................................. 16

3(c) Consultations.................................................................................................................. 16

3(d) Effects of Less Frequent Collection ............................................................................... 16

3(e) General Guidelines......................................................................................................... 16

3(f) Confidentiality ................................................................................................................ 16

3(g) Sensitive Questions ....................................................................................................... 16

4. THE RESPONDENTS AND THE INFORMATION COLLECTED

4(a) Respondents and SIC Codes........................................................................................... 17

4(b) Information Requested.................................................................................................... 18

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a) Agency Activities ........................................................................................................... 58

5(b) Collection Methodology and Management..................................................................... 61

5(c) Small Entity Flexibility................................................................................................... 61

5(d) Collection Schedule ........................................................................................................ 62

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) Estimating Annual Respondent Burden.......................................................................... 64

6(b) Estimating Annual Respondent Costs............................................................................. 64

6(c) Estimating Annual Agency Burden and Cost ................................................................. 65

6(d) Estimating the Respondent Universe .............................................................................. 65

6(e) Bottom Line Burden Hours and Costs............................................................................. 71

6(f) Changes in Estimated Burden......................................................................................... 72

6(g) Reasons for Change in Burden ....................................................................................... 72

6(h) Burden Statement............................................................................................................ 73
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1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This information collection request (ICR) is entitled "Hazardous Waste Generator Standards

(Renewal)," ICR Number 0820.13. This ICR renews the previously approved 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. Environmental 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 of 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 containment 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 requirements 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 requirements 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, containment 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 through 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 AUTHORITY 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. 
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HAZARDOUS WASTE DETERMINATION REQUIREMENTS

Under 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. Hazardous 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) Labeling

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 monitoring 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 determine 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 responsibilities 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 section 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 whenever 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 constituents 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 Systems
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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 health 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 Pads

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 consistent 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 environment. 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 

Administrator 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 approve/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 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 process vents to ensure that activities and control devices used by such facilities 

are consistent with EPA's goal of preventing contamination of the environment.
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(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 environment.

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 information 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 waste 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 waste 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 REQUIREMENTS

Authority for the recordkeeping requirements is derived from RCRA sections 2002 and 3002. In 
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section 3002(a)(5), Congress directed EPA to establish requirements regarding "recordkeeping practices 

that accurately identify the quantities of such hazardous 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 consultation 

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 submit 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' composition; 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 other 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 

States, 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 hazardous 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 THE 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 determinations.
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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 records 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 

person'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 

plan 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 environment.

(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 systems 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 situated 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 tank 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 installed 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 LQGs 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 variance 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, will 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 process 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 information 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. 

EPA 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 requirements 

(§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 document compliance with the limitations placed on generators 

using drip pads for 90-day accumulation. 
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(6) Containment Buildings

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 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, that 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 documented, 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 waste 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) 

identify 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, which 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 determining 

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 section 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 an 
11

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 unforeseen, 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' hazardous 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 destinations. 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 the 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 tracking 

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 of 
12

hazardous waste from the U.S. For example, the 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 the 

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 Island 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. EPA 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, neither 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 Reduction 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 disclosure of information, contain provisions for confidentiality.

3(g) SENSITIVE QUESTIONS
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No questions of a sensitive nature are included in any of the information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION COLLECTED

4(a) RESPONDENTS 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 Manufacturing

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 Manufacturing

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 must 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. For 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 knowledge 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 REQUIREMENTS
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Large quantity generator pre-transport requirements comprise 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

40 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 hazardous 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 requires 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 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 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 position, 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 filling 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 prevention 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 the 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 teams 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, physical 
17

description, and capabilities of the emergency equipment. The contingency plan should 

also indicate where the emergency equipment will be required; and

--An evacuation 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 decline 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 the 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 emergency 

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 investigate 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 local 

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

--Possible 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 imminent 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 record 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 facility;

--Date, time, and type of incident;

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

--The extent of injuries;
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--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 Demonstration

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 liquids.

(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) Respondent 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 systems 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.
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(i) Data items

• For each 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 Components

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 statements 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 reviewed 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 constructed;

--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 the 
21

factors affecting 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 system 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 systems 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 regulatory 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 these 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 prior 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 reports 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 requirements 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 may choose to use a previously-approved 

containment device, this ICR assumes that generators will submit to the Regional Administrator written 
22

information regarding the design and type of device, as well as additional information that may be 

necessary to substantiate 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 claim 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 design 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 will 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 that 

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 all 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 into 
23

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 Regional 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 in §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 demonstration;

• 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 least 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 notification.

(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 must 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:
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• For 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 tanks 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 Systems

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 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, the waste 

may be removed at the earliest practicable time.

(1) Exemptions from 24 hour waste removal requirement

(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 perform 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.
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(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 generator 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 accordance 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 any 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 proximity 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 Activities

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

 Within 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, 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 requirements.

(a) Contingency Plan

Section 265.440(c)(1) provides that facilities 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; and
27

• 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 submit 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 independent, 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 pad 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 drawings.

(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 and provide written notice of any release of hazardous waste as well as of the completion 
28

of modifications or repairs. Certification of such modifications or repairs is also required. Finally, 

generators using drip pads must document operating and waste handling 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 from 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 professional 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 releases 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, registered 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 regulatory 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 each 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 practices; 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) require 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 the 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 containment 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 cleanup; and

• Monitoring data and leak detection data. 

(ii) Respondent activities

Respondents must perform the following activities:

• Obtain the certification 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 completion 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 generators 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 with 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 procedures 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 their 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 they 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 following 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) Respondent 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 standards 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 control 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 unit (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 knowledge 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 generation 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 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 265.1034(d)(2), respondents must perform the following activities:

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

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

analysis; and 

• Maintain documentation at the unit.

(c) Unit Operating Record
34

(1) Implementation Schedule

(i) Data item

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

the unit operating 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 rationale 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 compliance 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 

source tests.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and
35

• 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 organic 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 parameters 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;

- Capacity;

- 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 for 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 describes 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 reasonably 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 control 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) for 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 the 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 design;

--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 for 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 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; 

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

-Date of each control device start-up and shutdown.

(ii) Respondent Activities

• Prepare the data item;

• Reassess;

• File and Maintain; and

• Modify.

(6) Determination of Applicability to Subpart AA

(i) Data item
38

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

subject 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) Respondent 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 activities

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) Notification 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 activities:

• 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 does 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, but 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 previously 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

Under 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 identification;

--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) 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. 

(2) Implementation Schedule

(i) Data item

• 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 rationale of why the 

installation cannot be completed 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 an 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

• 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. 

(4) Documentation of Compliance

(i) Data item

• Documentation of compliance with section 265.1060, including 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 identification 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 delay 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 was 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) 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. 

(6) Design, Monitoring, Operation, and Inspection Information
43

(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 information 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 subject 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 numbers 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 this 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 of 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) Valve 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 planned 

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-compliance 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

• 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. 

(10) Criteria Log

(i) Data item

• A criteria log containing the following information:
46

--Criteria required 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 hazardous 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 documentation 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 REQUIREMENTS
47

(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 these 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 accumulation 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. Applicable 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 items

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 the 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 items 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

Section 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 activities
49

In order to submit this request, 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 

during 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 furnish 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 other 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 analyses, 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 original 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 receiving 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 number 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 the 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 management 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 period 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.

• Additional 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 the existence of written contract, chain of custody, or equivalent 

arrangement with consignee, between exporter and importer

--Certification that the information is complete and correct
51

--Certification of financial guarantee if required by any concerned country (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 Export

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 return 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 activities

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 Document
52

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 numbers 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 shipment (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 applicability

• 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 facilities 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) Respondent 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 country (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 applicable). 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 may 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 these 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 Annual 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 covered 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 transporter 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 volume 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 documents 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 be 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, COLLECTION 

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 subsections 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 requirements 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 emergency 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 information 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 submitted 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 activities 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 drawings 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 made 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

• Reviewing 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-TRANSPORT 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 requirements 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 onsite 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 hazardous 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 activities. 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 Receipt from the importing country

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

Imports to the U.S.:

 

 2 The quantifiable 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 businesses. 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. These 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 the 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 collection 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 regulations 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 generators 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 facilities 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 for 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 notification 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 notice 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 notice 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 accumulation 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 schedule 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 exporters 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 collection 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 generated 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 EPA 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 information 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 applicable 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 comprehensive presentation of all of the information collection activities required 

for generator standards and covers Fiscal Years 2014-2016.

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

costs associated with all of the 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 control 

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 covered 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 LQGs 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 the 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 a 
61

For this ICR, because the estimated cost of one file cabinet was confirmed 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 associated 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 reports 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 through 9 for all applicable activities.

 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 2014 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 compensation 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 QUANTITY GENERATOR 

REQUIREMENTS (Exhibits 1 and 2)

(1) Reading the Regulations 

Based on the 2011 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 these LQGs (370), 

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 document, 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 low 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 time. 

 

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 shown 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 Federal

NUMBER OF WASTE 

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 hazardous 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 generators 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 is 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 REQUIREMENTS (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 Training
63

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 

appropriate. 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 by 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 be 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 that 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 (§265.193(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 these 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 tank 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 certification. 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 the 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 Accumulation 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 light 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 operating 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 generators 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 265.1061(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) have 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 discontinue 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 specified 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 does 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 subject 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 Record

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 universe (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 reassess, 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 efficiency 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 concentration 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 264.1060
66

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 control 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 with 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 log, 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 all 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 generators 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 subject 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 all 
67

generators (3,797 units) will reassess, file, and maintain this documentation, and 10 percent 

(approximately 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 section 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 extensions (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 results 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 required 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 Office 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, 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. Data were not available for generators renotifying 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 trade 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 universes and associated labor and operating costs, 

EPA estimates that 253,519 burden hours and $14,674,934 will be required annually to support 
68

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

that the burden 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 Burden 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 Agency 

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 taking 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 percent 

per facility, or an overall increase of 15,504 hours or 187 percent between 2011 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 importing 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 recordkeeping 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 technology and systems for the purposes of 

collecting, validating, and verifying information, processing and maintaining information, and disclosing 

and providing information; adjust the existing ways to comply with any previously applicable instructions 

and requirements; train personnel to be able to respond to a collection of information; search data sources; 

complete and review the collection of information; and transmit or otherwise disclose the information. An 

agency may not conduct or sponsor, and a person is not required to respond to, a collection of information 

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

regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. 

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

and any suggested methods for minimizing respondent burden, including the use of automated collection 

techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA2014-0295, 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 from 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 

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

the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th 

Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA 

Docket ID Number EPA-HQ-2014-0295 and OMB Control Number 2050-0035 in any 

correspondence.
70

EXHIBIT 2:

ANNUAL RESPONDENT BURDEN/COST ESTIMATES

READING THE REGULATIONS

Cost per

 Number of Postage/ Photocopies Other Total Hours Respondent/ Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Shipment per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $0.49/doc @ $0.11/page

Read the Regulations:

LQGs 13,592 0.25 0.25 0.50 0.00 $0.00 $0.00 $0.00 13,592 $79.67 $1,082,875

SQGs 52,696 0.15 0.15 0.40 0.00 $0.00 $0.00 $0.00 36,887 $53.48 $2,818,129

TOTAL 67,288.00 N/A N/A N/A 0.00 $0.00 $0.00 $0.00 50,479 varies $3,901,004

O&M Costs/Respondent

Hours per Respondent

EXHIBIT 3:

ANNUAL RESPONDENT BURDEN/COST ESTIMATES

FOR LARGE QUANTITY GENERATORS

 Number of Postage/ Photocopies Other Total Hours Cost per Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Facility per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $1.82/doc @ $0.11/page

Hazardous Waste Determination Documentation Requirements (LQGs):

 Test Waste 0.00 0.00 0.00 0.00 $0.00 $0.00 0 $0.00 $0

 Use Knowledge of the Waste 0.00 0.00 0.00 0.00 $0.00 $0.00 0 $0.00 $0

Subtotal 0.00 0.00 0.00 0.00 $0.00 $0.00 0 $0.00 $ 0

Large Quantity Generator

Pre-Transport Requirem ents

Lab eling

 Label containers in 90-day accumulation (262.34(a)(2) and (3)) 13,592 0.00 0.00 1.00 0.00 $0.00 $0.00 $0.00 13,592 $56.77 $771,618

 Label the containers in satellite accumulation(262.34(c)) 13,592 0.00 0.00 0.50 0.00 $0.00 $0.00 $0.00 6,796 $28.39 $385,809

Subtotal 13,592 0.00 0.00 1.50 0.00 $0.00 $0.00 $0.00 20,388 varies $1,157,427

Personnel Training (265.16(d))

 Collect job-related data 2,990 0.00 0.00 0.00 0.50 $0.00 $0.00 $0.00 1,495 $17.08 $51,058

 Maintain information at facility 2,990 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 299 $3.42 $10,212

Subtotal 2,990 0.00 0.00 0.00 0.60 $0.00 $0.00 $0.00 1,794 varies $61,270

O&M Costs/Respondent

Hours per Respondent
71

Contingency Planning and Em ergency Procedures Requirem ents

 Contingency Plan (265.37(b), 265.51, 265.52, and 265.53(a))

 Collect data required in contingency plan 272 0.00 0.00 3.35 1.65 $0.00 $0.00 $0.00 1,359 $246.53 $67,016

 Document whether authorities decline arrangement 272 0.00 0.00 0.00 0.50 $0.00 $0.00 $0.00 136 $17.08 $4,642

 Write contingency plan 272 0.00 0.00 7.50 2.50 $0.00 $0.00 $0.00 2,718 $511.15 $138,951

 Maintain contingency plan 13,592 0.00 0.00 0.00 1.00 $0.00 $0.00 $0.00 13,592 $34.15 $464,167

 Submit contingency plan to relevant emergency centers 272 0.00 0.00 0.00 0.50 $1.82 $3.30 $0.40 136 $22.59 $6,141

 Amend contingency plan when appropriate 1,359 0.00 0.00 1.50 1.50 $0.00 $0.10 $0.00 4,078 $136.48 $185,504

Em ergency Procedures (265.56(d))

 Collect information required in emergency report 231 0.00 0.00 0.22 1.50 $0.00 $0.00 $0.00 397 $63.57 $14,689

 Write emergency report 231 1.28 0.00 0.90 0.00 $0.00 $0.00 $0.00 504 $216.12 $49,938

 Call OSC or notify NRC; notify local authorities if advisable 231 0.00 0.10 0.90 0.00 $0.00 $0.00 $10.00 231 $68.71 $15,877

Notification of Com pliance (265.56(i) 

 Collect information required in emergency notification report 231 0.00 0.00 0.50 0.50 $0.00 $0.00 $0.00 231 $45.46 $10,504

 Write emergency notification report 231 0.17 0.00 0.50 0.50 $0.00 $0.00 $0.00 270 $67.38 $15,569

 Submit report to Regional Administrator 231 0.00 0.00 0.00 0.16 $1.82 $0.55 $0.07 3 7 $7.90 $1,825

 Compile information demonstrating compliance 231 0.00 0.00 0.50 0.00 $0.00 $0.00 $0.00 116 $28.39 $6,559

Subtotal varies 0.00 varies varies varies $915.29 $1,160.08 $2,433.54 23,805 varies $981,382

Tank System Requirem ents

 Free Liquids Ab sence Dem onstration (265.190(a))

 Perform test as required 3 4 0.00 0.00 0.50 0.00 $0.00 $0.00 $0.00 1 7 $28.39 $965

 Place test results in record 3 4 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 3 $3.42 $116

Sufficiency Dem onstration (265.191)

 Perform leak test 3 4 0.00 0.00 10.00 0.00 $0.00 $0.00 $0.00 340 $567.70 $19,290

 Obtain independent engineer's assessment of tank integrity 3 4 0.00 0.00 6.00 2.00 $0.00 $0.00 $0.00 272 $408.92 $13,895

 File assessment at facility 3 4 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 3 $3.42 $116

Tank System Assessm ents (265.192)

 Obtain written assessment and have it reviewed & certified 102 0.00 1.00 13.00 1.00 $0.00 $0.00 $0.00 1,529 $848.37 $86,483

 Obtain written statements from those who certified 102

 design of tank system and supervised installation 102 0.00 1.00 7.00 4.00 $0.00 $0.00 $0.00 1,223 $610.20 $62,204

 File written statements at facility 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 0 $3.42 $ 0

Secondary Containm ent (265.193)

 Equivalent Containment Devices (265.193(d))

 Gather design and other information 3 4 0.00 0.00 2.00 2.00 $0.00 $0.00 $0.00 136 $181.84 $6,179

 Submit information to Regional Administrator 3 4 0.00 0.10 0.00 0.16 $1.82 $0.55 $0.07 9 $15.52 $527
72

Exem ption from 24-Hour Leak Detection Requirem ent (265.193(e)(3)(iii))

 Compile evidence that leak detection system cannot

 detect failure or contamination within 24 hours 3 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 1 2 $227.08 $681

 Submit evidence to Regional Administrator 3 0.00 0.10 0.00 0.16 $1.82 $0.55 $0.07 1 $15.52 $47

Variance from Secondary Containm ent Requirem ents (265.193(g))

 Prepare notification of intent to conduct demonstration 3 0.00 0.00 1.00 0.00 $0.00 $0.00 $0.00 3 $56.77 $170

 Submit notification to Regional Administrator 3 0.00 0.00 0.00 0.16 $1.82 $0.55 $0.07 0 $7.90 $24

 Complete demonstration 3 0.00 1.00 9.00 2.00 $0.00 $0.00 $0.00 3 6 $655.44 $1,966

 Submit completed demonstration to Regional Administrator 3 0.00 0.10 0.00 0.16 $1.82 $0.55 $0.07 1 $15.52 $47

Annual Leak Tests and Inspections (265.193(i))

 Conduct leak test (non-enterable underground tanks only) 102 0.00 0.00 12.00 0.00 $0.00 $0.00 $0.00 1,223 $681.24 $69,446

 Conduct annual leak test (all other tanks) 102 0.00 0.00 16.00 0.00 $0.00 $0.00 $0.00 1,631 $908.32 $92,594

 Record inspection and/or test results 102 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 204 $113.54 $11,574

 Maintain record of results on file at facility 102 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $348

Exem ptions from 24-Hour Waste Rem oval Requirem ent (265.196(b ))

 Compile evidence of inability to remove waste timely 3 0.00 0.00 2.00 1.00 $0.00 $0.00 $0.00 9 $147.69 $443

 Submit evidence to Regional Administrator 3 0.00 0.10 0.00 0.16 $1.82 $0.55 $0.07 1 $15.52 $47

Release Notifications and Reports (265.196(d))

 Notify Regional Administrator of release 3 4 0.00 0.10 0.40 0.00 $0.00 $0.00 $5.00 1 7 $35.33 $1,200

 Prepare detailed report for Regional Administrator 3 4 0.17 0.10 3.00 1.90 $0.00 $0.00 $0.00 176 $264.73 $8,996

 Submit report to Regional Administrator 3 4 0.00 0.10 0.00 0.16 $1.82 $0.55 $0.07 9 $15.52 $527

Major Repair Certifications (265.196(f))

 Obtain certification 3 4 0.00 0.00 4.00 4.00 $0.00 $0.00 $0.00 272 $363.68 $12,358

 Submit certification to Regional Administrator 3 4 0.00 0.00 0.00 0.16 $1.82 $0.55 $0.07 5 $7.90 $268

Subtotal varies 0.00 varies varies varies $207.37 $62.67 $177.42 7,143 varies $390,511

Drip Pad Requirem ents (262.34(a)(1)(iii))

Contingency Plan (265.440(c)(1))

 Write contingency plan 1 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 3 $113.54 $154

 Document clean-up of incidental drippage 1 0.00 0.00 0.25 0.25 $0.00 $0.00 $0.00 1 $22.73 $31

 Retain documentation for 3 years 1 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 0 $3.42 $ 5

Assess adequacy of drip pads (265.441(a)(b )(c))

 Prepare and maintain assessment of pad integrity 0 0.00 0.00 2.00 1.00 $0.00 $0.00 $0.00 0 $147.69 $ 0

 Prepare plan for upgrading pad 0 0.00 0.10 5.00 1.00 $0.00 $0.00 $0.00 0 $325.62 $ 0

 Prepare drawings of pad and obtain independent certification 0 0.00 0.20 6.50 0.30 $0.00 $0.55 $0.07 0 $395.11 $ 0
73

Design and Operating Requirem ents (265.443)

 Prepare and assessment of drip pad and obtain certification 8 0.00 0.25 4.00 0.25 $0.00 $0.00 $0.00 3 7 $254.67 $2,077

 Place a record of any condition contributing to or actual

 release of hazardous waste from drip pad in operating log 1 0.00 0.00 0.25 0.00 $0.00 $0.00 $0.00 0 $14.19 $19

 Notify Regional Administrator of release & provide written notice 1 0.17 0.10 0.40 0.00 $1.82 $0.55 $2.00 1 $56.62 $77

 Notify Regional Administrator of completion of repairs 1 0.00 0.10 0.40 0.00 $1.82 $0.22 $0.00 1 $32.37 $44

 Provide Regional Administrator independent certification

 that repairs satisfy applicable standards 1 0.00 0.10 1.00 0.10 $1.82 $0.55 $0.07 2 $70.24 $95

 Prepare documentation of operating/waste handling practices 8 0.00 0.00 2.00 0.00 $0.00 $0.55 $0.07 1 6 $114.16 $931

Certification of liner (265.444(a))

 Obtain independent certification of liner 8 0.00 0.00 2.00 0.10 $0.00 $0.00 $0.00 1 7 $116.96 $954

 Place certification in operating log 8 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 $3.42 $28

Documentation of waste removal (262.34(a)(1)(iii))

 Prepare description of 90-day waste removal practices 8 0.00 0.00 0.25 0.00 $0.00 $0.00 $0.00 2 $14.19 $116

 Document each waste removal 8 0.00 0.00 0.25 0.00 $0.00 $0.00 $0.00 2 $14.19 $116

Subtotal varies 0.00 varies varies varies $7.42 $6.28 $3.35 8 2 varies $4,647

Containm ent Building Requirem ents (262.34(a)(1)(iv))

Design and Perform ance Docum entation (265.1101(c)(d))

 Obtain independent certification of building design 1 4 0.00 0.00 2.00 0.10 $0.00 $0.00 $0.00 2 9 $116.96 $1,590

 Place certification in operating record 1 4 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 $3.42 $46

 Maintain records of any release from containment building 4 0.00 0.00 0.25 0.10 $0.00 $0.00 $0.00 1 $17.61 $72

 Notify Regional administrator of any condition contributing to

 or actual release of hazardous waste and follow-up notice 4 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 8 $113.54 $463

 Notify Regional Administrator of clean-up or repairs 4 0.17 0.10 0.40 0.10 $0.00 $0.00 $0.00 3 $55.66 $223

 Record monitoring and leak detection data and place in

 operating record at least every 7 days 1 4 0.00 0.00 0.00 10.00 $0.00 $0.00 $0.00 136 $341.50 $4,642

Docum entation of Areas Lack ing Secondary Containm ent (265.1101(d)

 Place in operating log description of procedures to maintain

 integrity of areas lacking secondary containment 1 4 0.00 0.00 2.00 0.10 $0.00 $0.00 $0.00 2 9 $116.96 $1,590

Docum entation of Procedures and Com pliance (262.34(a)(1)(iv))

 Prepare procedures ensuring waste is stored no more

 than 90 days 1 4 0.00 0.00 1.00 0.10 $0.00 $0.00 $0.00 1 5 $60.19 $818

 Prepare description of waste generation and waste

 management practices 1 4 0.00 0.00 1.50 0.10 $0.00 $0.00 $0.00 2 2 $88.57 $1,204

 Document that 90-day storage procedures are satisfied 1 4 0.00 0.00 0.25 0.00 $0.00 $0.00 $0.00 4 $14.19 $199

 Document that unit is emptied at least once every 90 days 1 4 0.00 0.00 1.00 0.40 $0.00 $0.00 $0.00 1 9 $70.43 $957

Subtotal varies 0.00 varies varies varies $0.00 $0.00 $0.00 266 999 $11,803

Requests for Extensions of Accum ulation Period (262.34(b ))

 Prepare and submit request to Regional Administrator 136 0.10 0.10 0.00 0.40 $1.82 $0.00 $0.00 8 2 $35.99 $4,892

Subtotal 136 0.10 0.10 0.00 0.40 $247.37 $0.00 $0.00 8 2 $281.55 $4,892

Sub total for LQG Pre-Transport Requirem ents varies 0.00 varies varies varies $1,377.45 $1,229.02 $2,614.31 53,559 varies $2,611,932
74

EXHIBIT 4:

ANNUAL RESPONDENT BURDEN/COST ESTIMATES

FOR LARGE QUANTITY GENERATORS

Cost per

 Number of Postage/ Photocopies Other Total Hours Respondent/ Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Shipment per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $1.82/doc @ $0.11/page

Large Quantity Generator

Air Em ission Standards Requirem ents

Process Vents 

Control Device Operation Docum entation

 Reassess and file documentation 100 0.00 0.00 1.50 0.50 $0.00 $0.00 $0.00 200 $102.23 $10,223

 Modify documentation 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

 Maintain documentation at the facility (265.1035)(e)(2) 200 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 2 0 $3.42 $683

Waste Determ ination

 Gather information (initially and annually thereafter) 200 0.00 8.00 16.00 8.00 $0.00 $0.00 $0.00 6,400 $1,791.20 $358,240

 Document information (initially and annually thereafter) 200 0.00 0.00 0.00 2.00 $0.00 $0.00 $0.00 400 $68.30 $13,660

 Maintain documentation at the facility (initially and annually thereafter) 200 0.00 0.00 0.00 0.40 $0.00 $0.00 $0.00 8 0 $13.66 $2,732

Facility operating record: Im plem entation schedule

 Reassess implementation schedule 100 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 200 $113.54 $11,354

 File and maintain implementation schedule 100 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $342

 Modify implementation schedule 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

Facility operating record: Up-to-date docum entation of com pliance 

(265.1032)

 Reassess up-to-date documentation of compliance 100 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 200 $113.54 $11,354

 File and maintain up-to-date documentation of compliance 100 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $342

 Modify up-to-date documentation of compliance 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

Facility operating record: Perform ance Test Plan

 Reassess performance test plan 100 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 200 $113.54 $11,354

 File and maintain performance test plan 100 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $342

 Modify performance test plan 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

Facility operating record: Docum entation of com pliance (265.1033)

 Reasses up-to-date documentation 100 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 200 $113.54 $11,354

 File and maintain up-to-date documentation 100 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $342

 Modify up-to-date documentation 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

Facility operating record: Design/m onitoring/operation/inspection inform ation

 Reassess information 100 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 200 $113.54 $11,354

 File and maintain information 100 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $342

 Modify information 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

Facility operating record: Determ ination of applicab ility to Sub part AA

 Reassess determination 100 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 200 $113.54 $11,354

 File and maintain determination 100 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 0 $3.42 $342

 Modify determination 100 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 400 $227.08 $22,708

Subtotal Varies 0.00 varies varies varies $0.00 $0.00 $0.00 11,160 varies $614,667

O&M Costs/Respondent

Hours per Respondent
75

Equipm ent Leak s

Notification to im plem ent the alternative valve standard in (265.1061)(a)

 Prepare notification 761 0.00 0.25 1.00 0.25 $0.00 $0.00 $0.00 1,142 $84.36 $64,211

 Submit notification to the Region 761 0.00 0.00 0.00 0.16 $1.82 $0.00 $0.00 122 $7.28 $5,544

Notification to discontinue alternative valve standard in (265.1061)(a)

 Prepare notification 8 0.00 0.25 1.00 0.25 $0.00 $0.00 $0.00 1 2 $84.36 $688

 Submit notification to the Region 8 0.00 0.00 0.00 0.16 $1.82 $0.00 $0.00 1 $7.28 $58

Notification to im plem ent alternative valve standard (265.1061)(b )(2) and (265.1062)(b )(3)

 Prepare notification 190 0.00 0.25 1.00 0.25 $0.00 $0.00 $0.00 285 $84.36 $16,017

 Submit notification to the Region 190 0.00 0.00 0.00 0.16 $1.82 $0.00 $0.00 3 0 $7.28 $1,384

Non-haz ardous waste docum entation

 Gather production process, waste generation, and

 specification analysis (4 times annually) 380 0.00 0.00 10.00 0.00 $0.00 $0.00 $0.00 3,800 $567.70 $215,726

 Document production process, waste generation and $0.00

 specification analysis (4 times annually) 380 0.00 0.00 16.00 0.00 $0.00 $0.00 $0.00 6,080 $908.32 $345,162

 Maintain documentation at the facility (4 times annually) 380 0.00 0.00 0.00 2.00 $0.00 $0.00 $0.00 760 $68.30 $25,954

Facility Operating Record (265.1064)(b ): Equipm ent record

 Reassess equipment record 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,595 $113.54 $431,152

 File and maintain equipment record 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify equipment record 380 0.00 0.00 4.00 0.00 $0.00 $0.00 $0.00 1,520 $227.08 $86,290

Facility Operating Record: Im plem entation schedule

 Reassess implementation schedule 3,797 0.00 0.00 1.00 0.00 $0.00 $0.00 $0.00 3,797 $56.77 $215,556

 File and maintain schedule 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify implementation schedule 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Facility Operating Record: Perform ance Test Plan

 Reassess performance test plan 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain plan 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify performance test plan 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Facility Operating Record: Docum entation of com pliance with (265.1060)

 Reassess up-to-date documentation 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain up-to-date documentation 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify up-to-date documentation 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Facility Operating Record: Leak inspection log

 Prepare a leak inspection log 3,797 0.00 0.00 2.00 2.00 $0.00 $0.00 $0.00 15,188 $181.84 $690,446

 Reassess leak inspection log 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain inspection log 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify leak inspection log 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145
76

Facility Operating Record: Design/m onitoring/operation/inspection inform ation

 Reassess information 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain information 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify information 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Facility Operating Record: Equipm ent Log

 Reassess equipment log 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain an equipment log 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify equipment log 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Facility Operating Record: Valve Log (265.1057)(g) and (h) (Not in com pliance)

 Reassess valve log 266 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 533 $113.54 $30,247

 File and maintain valve log 266 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 2 7 $3.42 $908

 Modify valve log 9 5 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 190 $113.54 $10,803

Facility Operating Record: Valve Log (265.1062) (In com pliance)

 Reassess valve log 190 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 381 $113.54 $21,605

 File and maintain valve log 190 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 1 9 $3.42 $649

 Modify valve log 1 9 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 3 8 $113.54 $2,157

Facility Operating Record: Criteria Log

 Reassess criteria log 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain criteria log 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify criteria log 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Facility Operating Record: Exem ption Log

 Reassess exemption log 3,797 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 7,594 $113.54 $431,111

 File and maintain exemption log 3,797 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 380 $3.42 $12,967

 Modify exemption log 380 0.00 0.00 2.00 0.00 $0.00 $0.00 $0.00 760 $113.54 $43,145

Subtotal varies 0.00 varies varies varies $1,745.66 $0.00 $0.00 104,175 varies $5,644,201

Sub total for LQG Air Em ission Standards Requirem ents varies 0.00 varies varies varies $1,745.66 $0.00 $0.00 115,335 varies $6,258,868
77

EXHIBIT 5:

ANNUAL RESPONDENT BURDEN/COST ESTIMATES

FOR SMALL QUANTITY GENERATORS

Cost per

 Number of Postage/ Photocopies Other Total Hours Respondent/ Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Shipment per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $1.82/doc@ $0.11/page

Sm all Quantity Generator

Pre-Transport Requirem ents

Hazardous Waste Determination Documentation 

Requirements (SQGs):

Labeling

 Label containers in 180-day accumulation 52,696 0.00 0.00 0.25 0.00 $0.00 $0.00 $0.00 13,174 $14.19 $747,888

 Label containers in satellite accumulation 52,696 0.00 0.00 0.25 0.00 $0.00 $0.00 $0.00 13,174 $14.19 $747,888

Subtotal 52,696 0.00 0.00 0.50 0.00 $0.00 $0.00 $0.00 26,348 $28.39 $1,495,776

Emergency Procedures (262.34(d))

 Observe scene of hazardous waste discharge 896 0.00 0.00 0.50 0.00 $0.00 $0.00 $0.00 448 $28.39 $25,428

 Report by phone requested data items to NRC 896 0.00 0.00 0.50 0.00 $0.00 $0.00 $5.00 448 $33.39 $29,907

 Document that local officials decline to enter into

 arrangements for coordinating response 896 0.00 0.00 0.10 0.00 $0.00 $0.00 $0.00 9 0 $5.68 $5,086

 Post emergency information by phone 896 0.00 0.00 0.00 0.10 $0.00 $0.00 $0.00 9 0 $3.42 $3,059

Subtotal 896 0.00 0.00 1.10 0.10 $0.00 $0.00 $0.00 1,075 varies $63,480

Requests for Extensions of the Accumulation Period (262.34(f)) Prepare and submit request to Regional 

Administrator 5 3 0.00 0.10 0.00 0.40 $1.82 $0.00 $0.00 2 6 $23.10 $1,217

Subtotal 5 3 0.00 0.10 0.00 0.40 $95.91 $0.00 $0.00 2 6 $23.10 $1,217

Subtotal for SQG Pre-Transport Requirements varies 0.00 varies varies varies $95.91 $0.00 $4,479.16 27,449 varies $1,560,474

O&M Costs/Respondent

Hours per Respondent
78

EXHIBIT 6:

ANNUAL RESPONDENT BURDEN/COST ESTIMATES

RECORDKEEPING AND REPORTING REQUIREMENTS

 Number of Postage/ Photocopies Other Total Hours Cost per Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Respondent per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $1.82/doc@ $0.11/page

Recordkeeping and Reporting Requirements

Recordkeeping and Reporting Requirements (262.40, 262.43)

 Store, file, and maintain records of any test results, waste

 analyses, or other determinations 0 0.00 0.00 0.10 0.00 $0.00 $0.00 $0.00 0 $5.68 $ 0

 Gather, provide additional information requested by EPA - LQG 1 4 0.00 0.25 0.10 0.00 $1.82 $1.10 $0.00 5 $27.65 $376

 Gather, provide additional information requested by EPA - SQG 5 3 0.00 0.25 0.10 0.00 $1.82 $0.55 $0.00 1 8 $27.10 $1,428

TOTAL varies 0.00 varies 0.10 0.00 $120.64 $43.93 $0.00 2 3 varies $1,804

O&M Costs/Respondent

Hours per Respondent

EXHIBIT 7:

ANNUAL RESPONDENT BURDEN/COST ESTIMATES

EXPORT Submittal Burden (Subpart E only)

Cost per

 Number of Postage/ Photocopies Other Total Hours Respondent/ Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Shipment per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $1.82/doc @ $0.11/page

Export Requirements

Notification of Intent to Export Requirements 

 Collect specific export information (262.83(e)) 591 0.00 0.00 1.50 0.00 $0.00 $0.55 $0.00 887 $85.71 $50,652

 Prepare and submit notification to EPA (262.83(e)) 591 0.00 0.10 0.30 1.50 $1.82 $0.00 $0.00 1,123 $77.70 $45,919

Subtotal 591 0.00 varies varies varies $1,075.62 $325.05 $0.00 2,009 varies $96,571

Renotification of Intent to Export Requirements (262.54(g))

 Collect specific changes to export information 117 0.00 0.00 0.50 0.00 $0.00 $0.55 $0.00 5 9 $28.94 $3,385

 Prepare and submit notification to EPA 117 0.00 0.10 0.00 0.50 $1.82 $0.00 $0.00 7 0 $26.52 $3,102

Subtotal 117 0.00 varies varies varies $212.94 $64.35 $0.00 129 varies $6,488

Additional Reporting (262.53(d))

 Gather and provide additional information 2 0.00 0.00 0.50 0.50 $1.82 $0.55 $0.00 2 $47.83 $96

Subtotal 2 0.00 0.00 0.50 0.50 $3.64 $1.10 $0.00 2 $47.83 $96

Annual Report Requirements (262.56(a))

 Research specific export information (LQGs) 378 0.00 0.00 1.00 1.00 $0.00 $0.55 $0.00 756 $91.47 $34,576

 Prepare and submit report (LQGs) 378 0.00 0.10 1.00 0.30 $1.82 $0.00 $0.00 529 $76.46 $28,900

 Research specific export information (SQGs) 4 1 0.00 0.00 0.50 0.50 $0.00 $0.55 $0.00 4 1 $46.01 $1,886

 Prepare and submit report (SQGs) 4 1 0.00 0.10 0.50 0.50 $1.82 $0.00 $0.00 4 5 $54.90 $2,251

Subtotal varies 0.00 varies varies varies $74.62 $22.55 $0.00 1,371 varies $67,613

Recordkeeping Requirements (262.57(a))

 File and maintain notification and reports listed above 591 0.00 0.00 0.00 0.25 $0.00 $0.00 $0.00 148 $8.54 $5,046

Subtotal 591 0.00 0.00 0.00 0.25 $0.00 $0.00 $0.00 148 $8.54 $5,046

Subtotal for Export Requirements - varies 0.00 varies varies varies $1,366.82 $413.05 $0.00 3,659 varies $175,813

O&M Costs/Respondent

Hours per Respondent
79

EXHIBIT 8

IMPORTS/EXPORTS

ESTIMATED ANNUAL INCREMENTAL RESPONDENT BURDEN AND COST (OECD Countries Only) (Recycling only) (Subpart H)

Cost per

 Number of Postage/ Photocopies Other Total Hours Respondent/ Total Cost

Respondents Legal Managerial Technical Clerical Shipping per Year Shipment per Year

@ $128.93/hr @ $76.21/hr @ $56.77/hr @ $34.15/hr @ $1.82/doc @ $0.11/page

Notification Requirements: Intent to Trade (262.83(e))

 Collect specific information 7 3 0.00 0.00 1.75 0.00 $0.00 $0.55 $0.00 128 $99.90 $7,293

 Prepare and submit notification to EPA 7 3 0.00 0.25 0.60 1.75 $1.82 $0.00 $0.00 190 $114.70 $8,373

Subtotal 7 3 0.00 varies varies varies $132.86 $40.15 $0.00 318 varies $15,665

Additional Reporting (262.85(g))

 Gather and provide additional information 7 0.00 0.00 0.55 0.55 $1.82 $0.55 $0.00 8 $52.38 $367

Subtotal 7 0.00 0.00 0.00 0.00 $12.74 $3.85 $0.00 8 $52.38 $367

Annual Report Requirements (262.87(a))

 Research specific export information (LQGs) 3 3 0.00 0.00 1.00 1.00 $0.00 $0.55 $0.00 6 6 $91.47 $3,019

 Prepare and submit report (LQGs) 3 3 0.00 0.10 1.00 0.30 $1.82 $0.00 $0.00 4 6 $76.46 $2,523

 Research specific export information (SQGs) 8 0.00 0.00 0.50 0.50 $0.00 $0.55 $0.00 8 $46.01 $368

 Prepare and submit report (SQGs) 8 0.00 0.10 0.50 0.50 $1.82 $0.00 $0.00 9 $54.90 $439

Subtotal varies 0.00 varies varies varies $74.62 $22.55 $0.00 129 varies $6,349

Recordkeeping Requirements (262.87(c))

 File and maintain notification and reports listed above 7 3 0.00 0.00 0.00 0.25 $0.00 $0.00 $0.00 1 8 $8.54 $623

Subtotal 7 3 0.00 0.00 0.00 0.25 $0.00 $0.00 $0.00 1 8 $8.54 $623

OECD Tracking Document (262.84)

Exporter Completes Tracking Document (LQGs + SQGs) 2,466 0.00 0.00 0.50 0.50 $0.00 $0.55 $0.00 2,466 $46.01 $113,461

Importer Signes Tracking Document and Transmits Copies 6 9 0.00 0.10 0.50 0.50 $1.82 $0.00 $0.00 7 6 $54.90 $3,788

Subtotal varies 0.00 varies varies varies $125.58 $1,356.30 $0.00 2,542 varies $117,249

SubTotal for OECD Requirements varies 0.00 varies varies varies $345.80 $1,422.85 $0.00 3,014 varies $140,252.94

O&M Costs/Respondent

Hours per Respondent
80

GENERATOR ACTIVITY

TOTAL 

HOURLY 

BURDEN

TOTAL 

ANNUAL 

LABOR COST

CAPITAL 

COSTS O&M COSTS TOTAL COSTS

READ REGULATIONS 

(LQGs + SQGs) 50,479 $3,901,004 ----- $0 $3,901,004

LQGs PRE-TRANSPORT 53,559 $2,606,711 ----- $5,221 $2,611,932

LQGs AIR EMISSION 

STANDARDS 115,335 $6,257,122 ----- $1,746 $6,258,868

LQGs RECORDKEEPING 

AND REPORTING 5 $336 ----- $40 $376

SQGs PRE-TRANSPORT 27,449 $1,555,899 ----- $4,575 $1,560,474

SQGs RECORDKEEPING 

AND REPORTING 18 $1,303 $125 $1,428

EXPORTER 

REQUIREMENTS 3,659 $174,033 ----- $1,780 $175,813

IMPORTER-EXPORTER 

REQUIREMENTS OECD 

and BILATERAL ANNUAL CAPITAL 3,014 $138,484 ----- $1,769 $140,253

COSTS ----- ----- $24,786 ----- $24,786

TOTAL ONE YEAR 253,519 $14,634,893 $24,786 $15,255 $14,674,933

TOTAL THREE-YEAR 760,557 $43,904,678 $74,358 $45,764 $44,024,800

Exhibit 9 -SUMMARY OF ANNUAL AND THREE-YEAR RESPONDENT BURDEN AND COST 
81

EXHIBIT 10:

ESTIMATED ANNUAL AGENCY BURDEN AND COSTS

 Number of Cost per

Respondents/ Postage/ Photocopies Total Hours Respondent/ Total Cost

Shipments Legal Managerial Technical Clerical Shipping per Year Shipment per Year

@ $81.00/hr @ $58.28/hr @ $40.89/hr @ $24.86/hr @ $1.82/doc@ $0.11/page

Estimated Annual Agency Burden and Costs

Pre-Transport Requirements (for both Large and Small Quantity Generators)

 Review documents in generator/emergency coordinator reports 272 0.00 0.00 0.50 0.00 $0.00 $0.00 136 $20.45 $5,561

 Review submitted release report information 3 4 0.00 0.00 0.50 0.00 $0.00 $0.00 1 7 $20.45 $695

 Enter information into database tracking all releases 3 4 0.00 0.00 0.50 0.50 $0.00 $0.00 3 4 $32.88 $1,118

 Transmit information to respective response authorities 3 4 0.00 0.00 0.25 0.25 $0.00 $0.00 1 7 $16.44 $559

 Review information on equivalent containment devices 1 4 0.00 0.00 10.00 0.00 $0.00 $0.00 141 $408.90 $5,756

 Evaluate information for 24-hour waste removal exemption 6 0.00 0.00 6.00 0.00 $0.00 $0.00 3 6 $245.34 $1,472

 Evaluate information for secondary containment variance 3 4 0.00 0.00 6.00 0.00 $0.00 $0.00 204 $245.34 $8,342

 Review annual leak tests and inspections 0 0.00 0.00 1.00 0.00 $0.00 $0.00 0 $40.89 $ 0

 Review release notification reports 3 4 0.00 0.00 4.00 0.00 $0.00 $0.00 136 $163.56 $5,561

 Review major repair certifications 3 4 0.00 0.00 8.00 0.00 $0.00 $0.00 272 $327.12 $11,122

 Review requests for accumulation period extensions 189 0.00 0.00 3.00 0.00 $0.00 $0.00 566 $122.67 $23,147

 Review and evaluate drawings and certifications of drip pads 0 0.00 0.00 2.00 0.00 $0.00 $0.00 0 $81.78 $ 0

 Evaluate notices of releases from drip pads 1 0.00 0.00 2.00 0.00 $0.00 $0.00 2 $81.78 $82

 Review repairs conducted to drip pads and independent

 certifications 1 0.00 0.00 1.00 0.00 $0.00 $0.00 8 $40.89 $41

 Review and evaluate notificiations of releases of hazardous

 waste from containment buildings 4 0.00 0.00 3.00 0.00 $0.00 $0.00 1 2 $122.67 $491

 Review notices of repairs to containment buildings 4 0.00 0.00 2.00 0.00 $0.00 $0.00 8 $81.78 $327

Subtotal varies 0.00 0.00 varies varies varies varies 1,589 ------------- $64,274

Air Emission Standards Requirements (40 CFR Subparts AA and BB)

 Review notice to implement alternative valve standard in (265.1061)(a) 761 0.00 0.00 1.00 0.00 $0.00 $0.00 761 $40.89 $31,117

 Review notice to discontinue alternative valve standard in (265.1061)(a) 8 0.00 0.00 1.00 0.00 $0.00 $0.00 8 $40.89 $327

 Review notice to implement alternative valve standard (265.1061)(b)(2) 

and (265.1062)(b)(3) 190 0.00 0.00 1.00 0.00 $0.00 $0.00 190 $40.89 $7,769

Subtotal varies 0.00 0.00 3.00 varies varies varies 959 --------- $39,214

Recordkeeping and Reporting Requirements (262.40, 262.43)

 Review submitted information 6 7 0.00 0.00 0.50 0.00 $0.00 $0.00 3 3 $20.45 $1,364

 Enter information into database 6 7 0.00 0.00 0.50 0.50 $0.00 $0.00 6 7 $32.88 $2,193

Subtotal 133 0.00 0.00 1.00 varies varies varies 100 --------- $3,556

O&M Costs/Respondent

Hours per Respondent
82

International Trade Requirements (262.53, 262.55, 262.56, 262.57, 262.83(e), 262.85(g))

 Review submitted information 788 0.00 0.00 1.00 0.00 $0.00 $0.00 788 $40.89 $32,221

 Submit, in conjunction with Department of State,

 notification to receiving country and any transit countries 788 0.00 0.00 0.00 0.16 $5.00 $0.55 126 $9.53 $7,508

 Forward to primary exporter acknowledgement of consent or

 written notification of objection 788 0.00 0.00 0.00 0.16 $5.00 $0.55 126 $9.53 $7,508

 Review annual reports 262.56(a) 460 0.00 0.00 0.25 0.00 $0.00 $0.00 115 $10.22 $4,702

 Forward to receiving government additional information 9 0.00 0.00 0.00 0.16 $5.00 $0.55 1 $9.53 $86

 Enter reviewed information into database 1,257 0.00 0.00 0.00 0.50 $0.00 $0.00 629 $12.43 $15,625

Subtotal varies 0.00 0.00 varies varies varies varies 1,785 ----------- $67,649

OECD Countries : Exporter Provisions for Recovery (262.83(b)& (c), 262.84(e))

 Receive and Record Acknowledgement of Receipt from Importing 

country 6 9 0.00 0.25 0.00 0.10 $0.00 $0.00 2 4 $17.06 $1,177

 Receive and record Tracking Document from Importing country 6 9 0.00 0.25 0.00 0.10 $0.00 $0.00 2 4 $17.06 $1,177

Subtotal 138 0.00 0.50 0.00 0.20 varies varies 4 8 ------------- $2,354

OECD Countries : Importer Provisions for Recovery (262.83(b)& (c), 262.84(e))

 Transmit Acknowledgement of Receipt to foreign exporters and 

competent authority 6 9 0.00 0.25 0.00 0.10 $5.00 $0.00 2 4 $22.06 $1,522

 Receive and record Tracking Document from Importing facility 6 9 0.00 0.25 0.00 0.10 $0.00 $0.00 2 4 $17.06 $1,177

Subtotal 138 0.00 0.50 0.00 0.20 varies varies 4 8 ------------ $2,699

Total varies varies varies varies varies varies varies 4,530 ---------- $179,745