## Supporting Statement For Information Collection Request (ICR) Number 801.20 Requirements for Generators, Transporters, and Waste Management Facilities und er the RCRA Hazardous Waste Manifest System

April 30, 2015i TABLE OF CONTENTS

1. IDENTIFICATION OF THE IN FORMATION COLLECTION ....................................... 1

1A. Title and Number of the Information Collection .................................................... 1

1B. Short Characterization ............................................................................................ 1

2. NEED, AUTHORITY & USE FO R THE INFORMATION ............................................. 2

2A. Need & Authority to Collect Information ............................................................... 2

2B. Practical Utility & Users of the Information ........................................................... 2

3. NONDUPLICATION, CONSU LTATIONS & OTHER COL LECTION CRITERIA ...... 3

3A. Nonduplication ........................................................................................................ 3

3B. Public Notice ........................................................................................................... 4

3C. Consultations........................................................................................................... 4

3D. Effects of Less Frequent Collection ........................................................................ 5

3E. Confidentiality ........................................................................................................ 6

3F. Sensitive Questions ................................................................................................. 6

4. THE RESPONDENTS AND THE INFO RMATION COLLECTED ................................ 6

4A. Respondent Standard Industria l Classification Codes ............................................ 6

4B. Information Requested ............................................................................................ 6

5. AGENCY ACTIVITIES, COLLECTION METHODOLOGY & INFORMATION

MANAGEMENT .............................................................................................................. 27

5A. Agency Activities .................................................................................................. 28

5B. Collection Methodology & Management ............................................................. 28

5C. Small Entity Flexibility ......................................................................................... 28

5D. Collection Schedule .............................................................................................. 29

6. ESTIMATE OF BURDEN HOURS & COST ................................................................. 30

6A. Estimating the Respondent Universe .................................................................... 30

6B. Estimating Respondent Costs ............................................................................... 33

6C. Estimating Agency Hour and Cost Burden ........................................................... 35

6D. Estimating Respondent Hours and Costs .............................................................. 36

6E. Bottom Line Burden Hours & Cost ...................................................................... 54

6F. Reasons for Change in Burden ............................................................................. 59

6G. Burden Statement .................................................................................................. 601 1. IDENTIFICATION OF THE INFORMATION COLLECTION

1A. Title and Number of the Information Collection

This ICR is entitled, “Requirements for Gene rators, Transporters, and Waste Management

Facilities under the RCRA Hazar dous Waste Manifest System (Renewal),” OMB Control No. 2050-0039, EPA ICR Number 0801.20.

1B. Short Characterization

Section 3002(a)(5) of the Res ource Conservation and Recovery Act (RCRA) directs the U.S. Environmental Protection Agency (EPA) to “...e stablish requirements respecting...use of a manifest system and any other reasonable means necessary to assure that all such hazardous waste generated is designated for treatment, st orage, or disposal, and arrives at treatment, storage, or disposal facilities ...for which a permit has been issued...” Under this authority, EPA published regulations for a manifest syst em on February 26, 1980 (45 FR 12724). EPA established requirements for manifest completi on, transmittal, and recordkeeping for hazardous waste generators at 40 CFR Part 262, Subpart B, fo r transporters at Part 263, Subpart B, and for treatment, storage, and disposal facilities (TSD Fs) at Parts 264 and 265, Subpart E. EPA also requires the use of the Uniform Hazardous Wast e Manifest (UHWM or manifest). These manifest requirements have been amended on several occasions.

On February 7, 2014, EPA published the electronic manifest (e-Manifest) final rule (79 FR 7518). The final rule established new manifest requi rements that authorized the use of electronic manifests (or e-Manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. EPA is taking

action now to establish the national e-Mani fest system, but unknown variables (e.g., funding contingencies for e-Manifest system developmen t) could delay the actual deployment of the system. Therefore, until EPA announces that the e- Manifest system is available for use in a subsequent Federal Register document, all respondents under the in formation collection requirements covered in this ICR must continue to comply with the current paper-based manifest system and use the existing paper manifest form s for the off-site transportation of hazardous waste shipments. EPA anticipates that the initia l system will become available for use no later than the spring of 2018.

This ICR requests a three-year extension of ICR 801. This supporting statement describes the paper-based manifest requirements in Sections 1 through 5. In Section 6, EPA estimates the hour and cost burden to responde nts and EPA under these requirements. When EPA publishes the Federal Register notice announc ing that the e-Manifest system is available for use, EPA intends to modify this ICR to describe the e- Manifest requirements and associated burden to respondents and EPA.2 2. NEED, AUTHORITY & USE FOR THE INFORMATION

2A. Need & Authority to Collect Information

EPA’s authority to require us e of a hazardous waste manifest system stems primarily from section 3002(a)(5) of RCRA, as discussed in Se ction 1B. See also RCRA sections 3003(a)(3)

and 3004. The manifest serves an essential ro le as a control and transport document that accompanies the waste from its generation site to its treatment, storage, or disposal site. Among other things, the manifest lists the wastes that are being shipped and the TSDF to which the wastes are bound. The term “manifest system” refe rs to the overall set of requirements for the

use of the manifest.

The RCRA manifest requirements are needed to ensure that hazardous waste designated for delivery to an off-site TSDF actually reaches its de stination. Thus, the manifest system serves as a self-enforcing mechanism that requires generato rs, transporters, and ow ner/operators of TSDFs to participate in an active h azardous waste tracking system. This system does not ordinarily involve intervention on the part of EPA unless hazardous wastes do not reach their designated point of disposal within a specified timeframe.

The critical components of the manifest system include the information required on the manifest itself, the transmittal of manifest copies to specified parties, the submission of exception, discrepancy, and un-manifested waste reports to EPA, and recordkeeping requirements. Each of these components assists in tracking the waste and helps the Agency in reviewing whether hazardous waste shipments have been handled pr operly. The manifest, by incorporating U.S. Department of Transportation (DOT ) requirements applicable to shi pping papers, also serves as an important safety tool. In the event of an accident during transport or delivery, information on the manifest, such as the identification of the wa ste's hazard class, can be used to help response teams determine appropriate response actions.

Although the generators, transpor ters, TSDFs, and emergency re sponse teams (in the case of accidents) are the primary users of these records, EPA may re view these documents during a facility inspection to make sure proper records are being kept a nd regulations are complied with. EPA also reviews and responds to exception reports, discrepa ncy reports, and un-manifested

waste reports.

2B. Practical Utility & Users of the Information

The manifest serves a number of vital uses to industry, regulators, EPA and the public. For example, it:

 Is a chain-of-custody document used by industry and regulators to track each shipment of hazardous waste from the genera tor to designated facility. Generators receive a copy of the manifest returned by the designated TSDF to confirm receipt of shipment. Each waste handler involved in the shipment keeps a copy and thus can be held accountable for proper handling and shipment.3  Provides information requirements sufficient to allow the use of a manifest in lieu of a United States Department of Transporta tion (USDOT) shipping paper or bill of lading, thereby reducing the duplication of paperwork to the regulated community.

 Provides information to transporters and waste management facility workers on the hazardous properties of the waste. When a waste is received at the designated TSDF, fingerprint analyses are performed to en sure that the shipped wastes match the manifest (e.g., the facility may check for color, specific gravity, etc.). If a significant discrepancy between the waste and manifest is found, the designated TSDF needs to contact the generator to determine next st eps (e.g., proper dispos ition of the waste). In this respect, the manifest facilitates th e safe and proper handling, treatment, storage and disposal of the shipped wastes before and after TSDF acceptance.

 Informs emergency response teams of the wa ste's hazard in the event of an accident, spill, or leak.

 Can be used by regulators and the public to learn about shipments of hazardous wastes to and from generators and designate d TSDFs. Some States collect manifests

to assess fees to waste handlers. In addition, generators and TSDFs often use manifest data as an input into the deve lopment of the Biennial Reports, which are required under Parts 262, 264, and 265. Thes e Biennial reports are made public by

EPA.

3. NONDUPLICATION, CONSULTATION S & OTHER COLLECTION CRITERIA

3A. Nonduplication

No document identical or similar in purpose to the manifest is required by the Federal government for the shipment of RCRA h azardous waste. Although a USDOT hazardous materials shipping paper 1 contains most of the information contained on the manifest, it does not appear to be legally sufficient to track hazar dous waste shipments from the generator to the designated facility (i.e. from “cradle-to-grav e”). For example, USDOT’s shipping paper does not require EPA ID numbers and signatures of th e transporters and all other chain-of-custody entities involved in ship ping or handling the hazardous waste. EPA requires such signatures and

identification numbers on the manifest to ensu re accountability of each waste handler during shipment of the hazardous waste. Also, since EPA coordinated the development of the manifest with USDOT, the manifest form can be used as a USDOT shipping paper, thus eliminating the need for the transporter to carry both documents. Furthermore, the manifest form was developed as a means of standardizing the information requirements, both Federal and State, thereby

1 Any person who offers a hazardous material for transpor tation in commerce must describe the hazardous material on a USDOT shipping paper in the manner required in 49 CFR Part 172, Subpart C. A shipping paper includes “a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and containing the information required by 49 CFR 172.202, 172.203 and 172.204.” 49 CFR 171.8 provides a definition of “shipping paper.” 49 CFR 172.205(h) states that an EPA RCRA hazar dous waste manifest (EPA Form 8700-22) “may be used as the shipping paper” if it contains all the information required by 49 CFR Part 172, Subpart C.4 eliminating the need for a generator to complete and a transporter to carry multiple manifests for interstate shipments.

3B. Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA solicited public comments on this ICR through an announcement in the Federal Register on February 17, 2015 (80 FR 8306).

No comments were received.

3C. Consultations

In preparing ICR 801.20, EPA contacted three re presentatives of TSDFs to request their

feedback on its burden estimates. These individual s were contacted because their facilities are involved in multi-state shipping ac tivities, interact with the en tire range of waste handlers on manifest-related issues (e.g., manifest preparation, transmittal, recordkeeping), and stay abreast of trends of the manifest regul ations and RCRA regulations genera lly. As such, they can speak knowledgeably about the respectiv e activities and burde ns of small and large generators, transporters, and TSDFs. These i ndividuals were contacted in Apr il 2015 and are identified in the

table.

Name Organization Phone Email

Baker, Tom Veolia Environmental

Services 973-691-7330 tom.baker@veolia.com

Sauvageau,

Matthew Clean Harbors 847-468-6701 sauvageau.matthew@cleanharbo

rs.com Sloat, David Stericycle 412 585-41 54 david.sloat@stericycle.com

These individuals were shown the ICR’s hourly burden estimates for the following manifesting activities and asked if they are acceptable (i .e., representative as an industry average): 2

 Preparing a manifest.

 Preparing a continuation sheet.

 Sending the manifest by mail to another waste handler.

 Placing a manifest copy in the file s for recordkeeping (generators).

 Placing a manifest copy in the fi les for recordkeeping (TSDFs).

 Preparing and submitting an exception report.

They were also asked to suggest alternative esti mates if the ICR’s estimates were not acceptable.

All three individuals indicated that the ICR’ s estimates are acceptable and no alternative

estimates were offered.

In addition, they were asked about the accuracy of the ICR’s estimate that 18% of SQGs are operating under reclamation agreements pursu ant to 40 CFR 262.20(e). SQGs operating under these agreements are exempt from the requirement for a manifest. We heard from one individual

who estimated 20% and another who estimated 14%; however, both believe the ICR’s estimate

2 The burden estimates were taken from the respond ent exhibits of Section 6D of this document.5 of 18% is reasonable. A third individual indicat ed that his customers are not typically involved with reclamation agreements and therefore he is unable to provide an estimate or verify EPA’s estimate. However, he suspects that 18% is much too high when considering the overall universe of SQGs.

Based on this feedback, EPA has decided not to revise the ICR’s estimate of 18%. First, EPA

notes that the ICR’s estimate is not far from th e two estimates received (14% and 20%), which suggests some level of agreement. In addition, two of the individuals be lieve the ICR’s estimate is reasonable. Finally, the individual who e xpressed doubt about the ICR’s estimate was unable to provide an alternative estimate.

3D. Effects of Less Frequent Collection

Under normal conditions, EPA does not collect manifests, but requir es instead preparation of the manifest, use of the manifest during transporta tion, and recordkeeping of the manifests for a three-year period. Manifests are only collected by EPA either to accompany an exception or discrepancy report or in the case of an export.

In addition, since the manifest is required to accompany all shipments of hazardous waste when shipped off-site by the generator, less frequent pr eparation is not possible. The frequency of offsite shipment is determined by the generator and depends on: (1 ) the quantities of waste to be shipped as they impact the economies of ship ment; (2) transporter sc heduling; and (3) the applicable regulatory requirements. The presen t system gives the generator the opportunity to maximize the economies of off-site shipments by selecting a shipping frequency that is appropriate for the rate of wast e generation. Further, by requiri ng a manifest to accompany each shipment, EPA ensures the manifest is availabl e in the case of a discharge of hazardous waste during transportation. Information on the manife st could be useful to emergency response personnel responding to the scene. In this regard, less frequent ma nifesting could result in a less expedient or protective res ponse to the release.

Note, however, that EPA provides a manifest exemption at 40 CFR 262.20(e) and (f) for specified types of shipments, as appropriate. Under section 262.20(e), sm all quantity generators (SQGs), or those generators who generate between 100 and 1,000 kilograms/month of hazardous waste, can be exempt from manifest requirement s if the waste is reclaimed under a contractual agreement that specifies the type of waste and fre quency of shipments; the transporting vehicle is owned and operated by the reclaimer; and the generator retains a c opy of the reclamation agreement for three years after termination or expiration of the agreem ent. Under section 262.20(f), generators who transport hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way, are exempt from manifesting requirements.

3E. General Guidelines6 These reporting or recordkeeping requireme nts do not violate any of the regulations promulgated by OMB under 5 CFR Part 1320, Section 1320.5.

3F. Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpa rt B, which define EPA’s general policy on the public disclosure of information, c ontain provisions for confidentiality.

3G. Sensitive Questions

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

4. THE RESPONDENTS AND THE INFORMATION COLLECTED

4A. Respondent Standard Industrial Classification Codes

Following are the Standard Industrial Classifi cation (SIC) codes and the North American Industry Classification System (NAICS) codes of facilities most likely subject to the requirements in this ICR.

Industrial Sector SIC Code(s) NAICS Code(s)

Agriculture, Forestry, Fishing, and Hunting 01-09 11

Mining 10-14 21

Utilities 49 22

Construction 15-17 23

Manufacturing 20-39 31-33

Wholesale Trade 50-51 42

Retail Trade 52-59 44-45

Transportation and Warehousing 40-47 48-49

Information 27, 48, 73 (partial), 78 51

Waste Management & Remediation Services 1799, 4953, 4959 562

Public Administration 91-97 92

4B. Information Requested

There are four categories of res pondents that will perform the in formation collections in this ICR, described below. This section describe s the collections that apply to each category.7  Manifest printer registrant organizations – organizatio ns that apply to EPA for approval to produce the paper mani fest for use and distribution.

 Hazardous waste generators – sites that gene rate hazardous waste and ship it off-site.

 Hazardous waste transporters – entities that transport hazardous waste on public

roads.

 Designated treatment, storage and disposal f acilities (designated TSDFs) – facilities that receive off-site shipments for manage ment and disposal. Note that, normally, designated TSDFs also generate hazardous waste and therefore qualify as hazardous

waste generators.

Manifest Printer Registrant Organizations

(a) Applying to the Registry

40 CFR 262.21(a) provides that a person may not pr int the manifest for use or distribution unless his/her organization (e.g., comp any, State agency) ha s received approval from EPA to do so under 40 CFR 262.21(c) and (e). In order to receive EPA approval, a registrant must submit to EPA an application that contains the inform ation specified in 40 CFR 262.21(b). Upon EPA approval of the application, the registrant must submit three fully assembled manifests and, if needed, continuation sheets that meet the specif ications of 40 CFR 262.21(f ) and a description of the form samples, as specified in 40 CFR 262.2 1(d). In reviewing these submittals, EPA may request modification to them before approval.

Data Items

 An application that contains the following information:

– Name and mailing addr ess of registrant.

– Name, telephone number, and email address of contact person.

– Brief description of registrant’s government or business activity.

– EPA ID number of the registrant, if applicable.

– Description of the scope of the operations that the registrant plans to undertake in printing, distributing, and using its manifests, including:

o A description of the printing operation. The description should include an explanation of whether the registra nt intends to print its manifests in-house or through a separate printing company. If the registrant intends to use a separate printing company to print the manifest on its behalf, the application must identify this printing company and discuss how the registrant will oversee the company. If this includes the use of intermediaries, the role of each must be discussed. The application must provide the name and mailing address of each company. It also must provide the name and telephone number of the contact person at each

company.

o A description of how the registrant will ensure that its organization and unaffiliated companies, if any, comply with the requirements of 40 CFR 262.21. The application must discuss how the registrant will ensure that a unique manifest tracking number will be pre-printed on each manifest.8 The application must describe the internal control procedures to be followed by the registrant and unaffiliated companies to ensure that numbers are tightly controlled and remain unique. If computer systems or

other infrastructure will be used to maintain, track, or assign numbers, these should be indicated. The application must indicate how the printer will pre-print a unique number on each form. The application must explain the quality procedures to be followed by each establishment and printing company to ensure that all required print specifications are consistently achieved and that printing violations are identified and corrected at the earliest practicable time.

o An indication of whether the registrant intends to use the manifests for its own business operations or to distri bute the manifests to a separate company or to the general public (e.g., for purchase).

– A brief description of the qualifications of the company that will print the manifest. The registrant may use read ily available information to do so (e.g., corporate brochures, product samples, cust omer references, documentation of ISO certification), so long as such informati on pertains to the establishments or company being proposed to print the manifest.

– Proposed unique three- letter manifest tracking number su ffix. If the registrant is approved to print the manifest, the registra nt must use this suffix to pre-print a unique manifest tracking number on each manifest.

– A signed certification by a duly authorized employee of the registrant that the organizations and companies in its applica tion will comply with the procedures of its approved application and the requirem ents of 40 CFR 262.21 and that it will notify EPA of any duplicated manifest tr acking numbers on manifests that have been used or distributed to other parties as soon as this becomes known.

 Three fully assembled manifests and, if need ed, continuation sheets that meet all of the specifications in 40 CFR 262.21(f). The form samples must be printed by the company that will print the manifest as identified in the appl ication approved under 40 CFR 262.21(c). The registra nt need not submit samples of the continuation sheet if the continuation sheet will be printed us ing the same paper type, paper weight, ink color of the instructions, and binding method as the manifest.

 A description of the manifest samples as follows:

– Paper type (i.e., manufacturer a nd grade of the manifest paper).

– Paper weight of each copy.

– Ink color of the manifest’s instructions. If screening of the ink was used, the registrant must indicate the extent of the screening.

– Method of binding the copies.

Respondent Activities

 Prepare and submit initial application.

 Submit revised initial application to EPA, if requested.

 Submit three fully assembled manifests a nd, if needed, continuation sheets and a description of the form samples.

 Submit revised form samples based on EPA comment on the initial samples, if9 requested.

(b) Updating General Information in the Approved Application

40 CFR 262.21(h)(1) provides that, if an approved registrant would like to update any of the information provided in its application (e.g., to update a company phone number or name of contact person), the registrant must revise the application and submit it to EPA, along with an indication or explanation of the update, as soon as practicable after the ch ange occurs. EPA will review and either approve or deny the revision. If the revision is denie d, the registrant must respond to the Agency’s concerns.

Data Item

 Revised application, along with an i ndication or explanation of the update.

Respondent Activities

 Revise and submit the application to EPA, along with an indication or explanation of the update.

 Respond to the Agency’s concerns, if applicable.

(c) Requesting Approval for a New Tracking Number Suffix

40 CFR 262.21(h)(2) provides that, if an approved registrant w ould like a new tracking number suffix, the registrant must submit a proposed suffi x to EPA, along with the reason for requesting

it.

Data Item

 Proposed tracking number suffix, along with the reason fo r requesting it.

Respondent Activity

 Submit a proposed tracking number suffix, al ong with the reason for requesting it.

(d) Requesting Approval for Changes to Pr inting Specifications or Use of a New

Printer

40 CFR 262.21(h)(3) provides that, if a registrant would like to change the paper type, paper weight, ink color of the manifest instructions, or binding method of its ma nifest or continuation sheet subsequent to approval under 40 CFR 262.21( e), then the registrant must submit three samples of the revised form for EPA review and a pproval. If the approved registrant would like to use a new printer, the registrant must s ubmit three manifest samples printed by the new printer, along with a brief description of the pr inter’s qualifications to print the manifest. In reviewing these submittals, EPA may request modification to them before approval.10 Data Items

 Three samples of the manifest form and/or continuation sheet.

 A brief description of the qualifications of the new printer, if applicable.

Respondent Activities

 Submit three samples of the manifest fo rm and/or continuation sheet and, if applicable, a brief description of th e qualifications of the new printer.

 Submit revised manifest form and/or conti nuation sheet samples to EPA, if requested.

(e) Typesetting the Manifest Fo rm Subsequent to its Approval

40 CFR 262.21(i) provides that, if subseque nt to its approval under 40 CFR 262.21(e), a registrant typesets its manifest or continuation sheet in stead of using the electronic file of the forms provided by EPA, it must submit three samples of the manifest or continuation sheet to the registry for approval. The registrant cannot use or distribute its typeset forms until EPA approves them.

Data Item

 Three samples of the manifest or continuation sheet.

Respondent Activity

 Submit three samples of the manifest or continuation sheet to the registry for approval.

(f) Requesting an Exemption

40 CFR 262.21(j) provides that EPA may exempt a registrant from the requirement to submit form samples under 40 CFR 262.21(d) or 262.21(h)(3) if the Agency is persuaded that a separate review of the registrant’s forms would serve little purpose in informing an approval decision (e.g., a registrant certifies that it will print the manifest using the same paper type, paper weight, ink color of the instructions, and binding met hod of the form samples approved for some other registrant). A registrant may request an exemption from EPA by indicating why an exemption is

warranted.

Data Item

 Documentation indicating why an exemption is warranted.

Respondent Activity

 Submit documentation to EPA indicating why an exemption is warranted.11 (g) Notifying EPA of a Printing Specification Violation

40 CFR 262.21(k) requires an approved registrant to notify EPA by phone or email as soon as it

becomes aware that it has used or distributed ma nifests that contain duplic ated manifest tracking

numbers.

Data Item

 Notification of duplicated manifest tracking numbers.

Respondent Activity

 Notify EPA of duplicated ma nifest tracking numbers.

(h) Revising the Approved Mani fest if Requested by EPA

40 CFR 262.21(l) provides that, if, subsequent to approval of a re gistrant under 40 CFR 262.21(e), EPA becomes aware that the registrant’s approved form does not satisfactorily meet the print specifications in 40 CFR 262.21(f), EPA will contact the registrant and require

modifications to the form.

Data Item

 Revised manifest form samples.

Respondent Activity

 Submit revised manifest form samples to EPA, if requested.

(i) Responding to Suspension and Revocation Procedures

40 CFR 262.21(m) provides that EPA may suspend and, if necessary, revoke printing privileges if it finds that the registran t: (i) has deviated from its application approved under 40 CFR 262.21(c) in printing the form; (ii) has knowingly used or distributed forms that deviate from its approved form samples in regard to paper weight , paper type, ink color of the instructions, or binding method; or (iii) exhibits a continuing pattern of behavi or in using or distributing manifests that contain duplicate manifest tracki ng numbers. EPA will send a warning letter to the registrant that specifies the date by which it must come into compliance with the requirements. If the registrant does not come in compliance by the specified date, EPA will send a second letter notifying the registrant that EPA has suspended or revoked its printing privileges. An approved registrant mu st provide information on its printing activities to EPA if requested.

Data Item

 Information requested by EPA.12 Respondent Activity

 Submit information if requested by EPA.

Hazardous Waste Generators

(a) Manifest Completion

40 CFR 262.20(a)(1) requires generators transp orting, or offering for transportation, hazardous waste for off-site treatment, storag e, or disposal to prepare a ma nifest (EPA Form 8700-22) and, if necessary, continuation sheets (EPA Form 8700-22A). In addi tion, generators must comply with other applicable sec tions of 40 CFR as applicable, including sections 262.20, 262.23, 262.54, and 262.60, as appropriate, as well as the inst ructions in the appendix to 40 CFR Part

262.

Data Items

 Manifest, which includes the following:

– The generator’s EPA ID or State ID number.

– The total number of pages used to complete the manifest.

– The emergency response phone number.

– The manifest tracking number.

– The generator’s name and mailing address.

– The generator’s phone number.

– The generator’s site address (if different than mailing address).

– The name and EPA ID number for transporters.

– The designated facility’s name and site address.

– The designated facil ity’s phone number.

– The EPA ID number of the designated facility.

– The USDOT description of the waste.

– The container descriptio n (number and type).

– The total quantity of each waste described.

– The unit of measure.

– The waste codes representing the waste.

– Special handling instructions and additional information.

– The generator’s/offeror’s certification. 3

 For primary exporters only: The primary exporter must prepare the manifest in accordance with 40 CFR 262.20 and 262.23, except as provided under 40 CFR 262.54(a) through (d):

3 The generator’s/offeror’s certification in Item 15 of the manifest form references the waste minimization

certification codified at 40 CFR 262.27.13 – In lieu of the site name, site addre ss and EPA ID number of the designated permitted facility, enter the name and site address of the consignee.

– In lieu of the name, site address, and EPA ID number of a permitted alternate facility, enter the name and site a ddress of any alternate consignee.

– In the Internationa l Shipments Block, check the e xport box and enter the point of exit (city and State) from the US.

 For primary importers only: The primary importer must prepare the manifest in accordance with 40 CFR 262.20 & 262.23, except as provided in 40 CFR 262.60(b) and (d):

– In place of the generator’s name, address, and EPA ID number, use the name and address of the foreign generator and th e importer’s name, address, and EPA ID

number.

– In place of the generator’s signature on the certification statement, the US importer or his agent must sign and date the certification and obtain the signature of the initial transporter.

– In the International Shipment Block, check the im port box and enter the point of entry (city and State) into the US.

Respondent Activities

 Generators perform the following:

– Complete the manifest for domestic, export, and import shipments; and

– Complete continuation sheet, if required.

(b) Compliance with State Program Requirements

Under 40 CFR 262.21(g)(2), generators must determ ine whether the consignment State regulates any additional wastes (beyond t hose regulated Federally) as hazardous wastes under its State hazardous waste program. Generators must also determine whether the consignment State or generator State requires the gene rator to submit any copies of the manifest to these States.

Data Item

 Information provided by the St ate on its manifest program.

Respondent Activities

 Generators must contact the consignment/generator State if needed and submit any copies of the manifest to these States, as applicable.

(c) Manifest Transmittal and Recordkeeping

Generators must transmit and keep records of the manifest in accordance with 40 CFR 262.23, 262.40, 262.44, 262.54 and 262.60, as appropriate. A generato r must sign and give copies of the manifest to the transporter along with the h azardous waste in accordance with 40 CFR 262.23(a)14 and (b) and retain copies of the manifest in accordance with 40 CFR 262.23(a) & 262.40(a). For shipments of hazardous waste within the US solely by water (bulk shipments only), the generator, as required by 40 CF R 262.23(c), must send three copi es of the manifest to the owner/operator of the designated facility or the la st water transporter to handle the waste in the US if exported by water. For rail shipments of hazardous waste within the US which originate at the site of generation, the gene rator, as required under 40 CFR 262.23( d), must send at least three copies of the manifest to the ne xt non-rail transporter, the desi gnated facility, or the last rail transporter to handle the waste in the US if exported by rail. For exports, the primary exporter must provide the transporter with a EPA Acknowle dgment of Consent, and an additional copy of the manifest or shipping papers fo r delivery to the US Customs official at the point the hazardous waste exits the US, as required by 40 CFR 262.54(h) and (i). In the event an SQG’s waste is reclaimed under a contractual agreement pursuant to 40 CFR 262.20(e)(1), the SQG must retain the reclamation agreement for at least three years from the date of termination or expiration of the agreement, as required by 40 CFR 262.20(e)(2).

Data Items

 Manifest.

 Acknowledgement of Consent for exports.

 Reclamation agreement for SQG tolling arrangements.

Respondent Activities

 Generators must perform the following:

– Sign the manifest certification and obtain the signature of the initial transporter and date of acceptance on the manifest in accordance with 40 CFR 262.23(a).

– Keep a copy of the manifest and give the remaining copies to the initial transporter, in accordance with 40 CFR 262.23(a) & (b).

– Keep a copy of the manifest returned from the designated facility for at least three years from the date the waste was accepte d by the initial waste transporter, in accordance with 40 CFR 262.40(a) or 262.44(a).

– For shipments solely by water, send three copies of the manifest, dated and signed in accordance with 40 CFR 262.23(a), to the designated facility or the last water transporter to handle the waste in the US, as required by 40 CFR 262.23(c). [Note: Copies of the manifest ar e not required for each transporter.]

– For shipments by rail originating at the si te of generation, send at least three copies of the manifest to the next non-rail transporter, the de signated facility, or the last rail transporter to handle the waste in the US, as required by 40 CFR 262.23(d).

 Primary exporters must provide the tran sporter with an EPA Acknowledgment of Consent and an additional copy of the manife st or shipping papers for delivery to the US Customs official at the point the hazar dous waste exits the US, as required by 40 CFR 262.54(h) and (i).

 An SQG operating under a tolling agreement mu st retain a copy of each reclamation15 agreement, if applicable, for at least three years after the termina tion or expiration of the agreement, as required by 40 CFR 262.20(e)(2).

(d) Undeliverable Shipments

Generators must provide instructions to the tr ansporter on how to deal with shipments that cannot be delivered to the designa ted or the alternate TSDF. For shipments that a transporter is unable to deliver to the designate d facility or the alte rnate facility, generators must designate another facility or instruct the transporter to return the waste, as re quired by 40 CFR 262.20(d) and 262.54(g)(3).

Data Item

 Instructions to the transporte r on how to deal with shipme nts that cannot be delivered to the designated or the alternate TSDF.

Respondent Activity

 For shipments that a transporter is unable to deliver to the designated facility or the alternate facility, generators must designate another facility or instruct the transporter

to return the waste.

(e) Rejected Waste and Container Residues

Under 40 CFR 262.34(j), a generator who sends a sh ipment of hazardous waste to a designated facility with the unders tanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 CFR 264.72 or 265.72 may accumulate the returned waste on-site, as specified. Upon receipt of the returned ship ment, the generator must sign the manifest that accompanies the rejected load or residue.

Data Item

 A manifest.

Respondent Activities

 Generators must perform the following activities:

– Sign Item 18c of the manifest, if the tran sporter returned the shipment using the original manifest.

– Sign Item 20 of the manifest, if the trans porter returned the shipment using a new

manifest.

– Provide the transporter a copy of the manifest.

– Within 30 days of delivery, send a copy to the designated TSDF that returned the shipment to the generator.

– Retain a copy.16 (f) Exception Reports: Completi on, Submission, and Recordkeeping

(f1) Large Quantity Generators

In the event an LQG does not receive a copy of th e signed manifest from the designated facility owner/operator within 35 days of the date the waste was accepted by the initial transporter, the LQG must contact the transporte r and/or the owner/ope rator of the designated facility to

determine the status of the hazardous waste. The LQG must submit an exception report to EPA if he/she has not received a copy of the si gned manifest from the designated facility owner/operator within 45 days of the date the waste was accepted by the initial transporter and must retain a copy of the exception report for at least thr ee years from the due date of the report, in accordance with 40 CFR 262.42(a) and 262.40(b).

Data Item

 An exception report contai ning the following data:

– A legible copy of the manifest for which the generator does not have confirmation of delivery, as require d by 40 CFR 262.42(a)(2)(i).

– A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts, as required by 40 CFR 262.42(a)(2)(ii).

Respondent Activities

 LQGs must perform the following:

– Prepare and submit a signed cover letter to EPA explaining the generator’s efforts

to locate the hazardous waste and the result s of those efforts, along with a legible copy of the manifest, in accordance with 40 CFR 262.42(a)(2)(i) and (ii).

– Keep a copy of each exception report, as required by 40 CFR 262.40(b).

(f2) Small Quantity Generators

In the event an SQG does not receive a copy of th e signed manifest from the owner/operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, he/she must submit to the EPA Regional Administrator a legible copy of the

manifest with some indication that he has not received confirmation of delivery, in accordance with 40 CFR 262.42(b).

Data Item

 A legible copy of the manifest with some indication that the SQG has not received confirmation of delivery.17 Respondent Activity

 SQGs must submit a legible copy of the mani fest with some indication that the waste

has not been delivered.

Hazardous Waste Transporters

(a) Manifest Completion, Transmittal, and Recordkeeping

40 CFR 263.20, 263.21 & 263.22 detail the completion, transmittal, and recordkeeping requirements of manifests or shipping papers for hazardous waste transporters, including those exporting hazardous waste outside the US.

(a1) Hazardous Waste Transporters (excep t as exempted by 40 CFR 263.20(e) and (f))

40 CFR 263.20(a)(1) provides that a transpor ter may not accept hazardous waste from a generator unless the tran sporter is also provided with a ma nifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A) signed in accord ance with the requirement of section 262.23.

Except for certain water and rail trans porters exempted unde r 40 CFR 263.20(e)&(f), transporters transporting hazardous waste outs ide the US (40 CFR 263.20(g)) and transporters transporting hazardous waste pursuant to a recl amation agreement (40 CFR 263.20(h)), section 263.20(b), (c),(d) require transporters to sign and date the manifest ackno wledging acceptance of the waste from the generator before transporti ng the hazardous waste. Before leaving the property, the transporter must return or transmit a signed copy of the manifest to the generator. In addition, the transporter must ensure that a copy of the manifest or other shipping paper accompanies the shipment and is readily available and recognizable.

A transporter who delivers a hazardous waste to a nother transporter or to the designated facility must obtain the date of delivery and the signature of the transporter or designated facility; retain a copy in accordance with 40 CFR 263.22; and give the remaining copies of the manifest to the accepting transporter or designated faci lity, as required at 40 CFR 263.20(d).

Data Item

 A manifest.

 A shipping paper.

Respondent Activities

 Transporters must perform the following;

– Sign and date the manifest, as required by 40 CFR 263.20(b).

– Return a signed copy of the manifest to the generator, as required under 40 CFR 263.20(b).

– Ensure that the manifest (or other sh ipping paper) accompanies the waste to its destination, as requi red by 40 CFR 263.20(c).18 – In delivering the hazardous waste and mani fest to another transporter or to the designated facility, perform the followi ng activities, as required by 40 CFR 263.20(d):

o Obtain the date of delivery and signature of that transporter or the owner/operator of the facility or alternate facility designated on the manifest, pursuant to 40 CFR 263.20(d)(1).

o Retain a copy of the manifest pursuant to 40 CFR 263.22(a).

o Give remaining copies of the manife st to the accepting transporter or facility, in accordance with 40 CFR 263.20(d)(3).

(a2) Water (Bulk Shipment) Transpor ters Regulated under 40 CFR 263.20(e)

Water (bulk shipment) transporters who are regulated under 40 CFR 263.20(e) must sign and date the manifest upon receipt of the hazardous waste; must ensure that a shipping paper containing the generator, waste, and facili ty information, and a EPA Acknowledgment of Consent for exports, accompany the waste during tr ansportation; must obtain the signature of the facility owner/operato r on the manifest or shipping paper; an d must retain a copy of the manifest or shipping paper for three years.

Data Items

 Manifest.

 Copies of the shipping paper containing all the information on the manifest except the EPA ID numbers, the generator certificat ion, and required signatures, as required under 40 CFR 263.20(e).

 An EPA Acknowledgment of Consent (for e xporters only), as required by 40 CFR 263.20(e)(2).

Respondent Activities

 The person delivering hazardous waste to the initial water transporter must:

– Obtain the date of delivery and signature of the initial water transporter on the manifest, in accordance with 40 CFR 263.20(e)(4).

– Forward the manifest to the designate d facility, in accordance with 40 CFR 263.20(e)(4).

 Bulk water transporters subject to se ction 263.20(e) must perform the following

activities:19 – Ensure that the shipping paper (and Ac knowledgment of Consent, for exports) accompanies the waste to its destinati on, as required by 40 CFR 263.20(e)(2).

– If the delivering (wat er) transporter, obtain the date of delivery and signature of the owner/operator of the designated fac ility on either the manifest or shipping paper, as required by 40 CFR 263.20(e)(3).

– If the initial water transporter, sign and date the manifest and return it to the delivering transporter so that the manife st can be forwarded to the designated facility owner/operator, as required by 40 CFR 263.20(e)(4).

– Retain a copy of the manifest or sh ipping paper, as re quired by 40 CFR 263.22(b).

(a3) Rail Transporters Regulated under 40 CFR 263.20(f)

Under 40 CFR 263.20(f)(1), initial rail transporters must sign and date the manifest acknowledging acceptance of the hazardous waste; return or transmit a signed copy of the manifest to the non-rail transporter; and forward at least three copies of th e manifest to the next non-rail transporter, the designated f acility, if the shipment is deliver ed to that facility by rail, or the last rail transporter designa ted to handle the waste in the US; and retain a copy of the manifest and rail shipping paper in accordance with 40 CFR 263.22.

Rail transporters must ensure that a shipping pa per containing all the in formation required on the manifest (excluding the EPA ID numbers, generato r certification, and si gnatures) and, for exports, a EPA Acknowledgment of Consent accompa nies the hazardous waste at all times, as required by 40 CFR 263.20(f)(2). When delivering hazardous waste to the designated facility, a rail transporter must obtain the date of deliver y and signature of the ow ner or operator of the designated facility on the manifest , or a signature on the shipping paper (if the manifest has not been received by the facility) and retain a copy of the manifest or signed shipping paper, as required under 40 CFR 263.20(f)(3). When deliveri ng hazardous waste to a non-rail transporter, a rail transporter must obtain the date of delivery and the signatur e of the next non-rail transporter on the manifest and retain a c opy of the manifest, as required under 40 CFR 263.20(f)(4). Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest a nd provide a copy to the rail tr ansporter, as required by 40 CFR 263.20(f)(5).

Data Items

 A manifest.

 A shipping paper containing all the informa tion on the manifest, except the EPA ID numbers, the generator certificat ion, and require d signatures.

 An EPA Acknowledgment of C onsent (for exports only).

Respondent Activities

 When accepting waste from a non-rail transporter, sign and date the manifest, as required by 40 CFR 263.20(f)(1)(i) and retu rn or transmit a signed copy of the manifest to the non-rail transporter, as required by 40 CFR 263.20(f)(1)(ii).

 Forward at least three copies of the manifest to either th e next non-rail tr ansporter, the20 designated facility, or the last rail trans porter designated to handle the waste in the US, as required by 40 CFR 263.20(f)(1)(iii).

 Ensure a shipping paper containing all th e information required on the manifest excluding the EPA ID number, generator certification, and si gnatures (and for exports an Acknowledgment of Consent) accompanie s the waste, as required under 40 CFR 263.20(f)(2).

 When delivering hazardous waste to the desi gnated facility or to the next non-rail transporter, obtain the signature and date of delivery of the f acility or non-rail transporter on the manifest, as require d under 40 CFR 263.20(f)(3)(i) or (f)(4)(i).

 Retain a copy of the manifest and/or ra il shipping paper, as required under 40 CFR 263.20(f)(1)(iv), 263.20(f)(3)(ii), 263.20(f )(4)(ii) and 263.22, as applicable.

 Before accepting hazardous waste from a rail tr ansporter, sign and date the manifest and provide a copy to the rail transporte r, as required under 40 CFR 263.20(f)(5).

(a4) Transporters Who Import or Export Hazardous Wastes (40 CFR 263.20(g) & (i))

Under 40 CFR 263.20(g), transporters who either tr ansport hazardous waste into (import) or out of (export) the US, must sign and da te the manifest to indicate the date that the shipment arrived at (import) or left (export) the US, respectiv ely; retain one copy in accordance with 40 CFR 263.22; for exports return a signed copy to the generator and provide a copy of the exported

waste manifest to a US Customs official at the point of departure from the US. In addition for exports, the transporter also must ensure that a copy of the EPA Acknowledgment of Consent accompanies the waste, as required by 40 CFR 263.20(a).

Data Items

 A manifest.

 Shipping paper.

 EPA Acknowledgment of Consent.

Respondent Activities

 For imports and exports, sign and date the manifest in the Inte rnational Shipments

block to indicate the date th at the shipment entered or left the US, respectively, as required by 40 CFR 263.20(g)(1).

 For imports and exports, retain a copy of the manifest, as required by 40 CFR 263.20(g)(2).

 For exports, return a signed copy of the mani fest to the generator, as required by 40 CFR 263.20(g)(3).

 For exports, give a copy of the manifest to a US Customs official at the point of departure from the US, as required by 40 CFR 263.20(g)(4).

 For exports, ensure that copi es of the manifest and EPA Acknowledgment of Consent accompanies the waste, as required by 40 CFR 263.20(a).21 (a5) Transporters Who Transport Hazard ous Waste Pursuant to a Reclamation Agreement (263.20(h))

40 CFR 263.20(h) provides that transporters can be exempt from the requirements of 40 CFR 263.20 & 263.22 when transporting a SQG’s waste pursuant to a reclamation agreement in accordance with 40 CFR 262.20(e). These transporters are required to record data items on a log or shipping papers, carry the reco rd to the reclamation facility, and retain these records, as required by 40 CFR 263.20(h).

Data Items

 A reclamation agreement that includes the following

– The name, address, and EPA ID number of the hazardous waste generator.

– The quantity of waste accepted.

– All USDOT-required shipping information.

– The date the waste is accepted.

Respondent Activities

 Record the waste information on a log or shipping paper, as required by 40 CFR 263.20(h)(2).

 Carry the record when transporting waste to the reclamation facility, as required by 40 CFR 263.20(h)(3).

 Retain the records for at l east three years after termination or expiration of the agreement, as required by 40 CFR 263.20(h)(4).

(a6) Undeliverable Shipments

Under 40 CFR 263.21(a), the transporter must deliv er the entire quantity of hazardous waste which he has accepted from a generator or a trans porter to the designated facility listed on the manifest; the alternate designated facility, the next desi gnated transporter; or the place outside the US designated by the transporter. 40 CFR 263.21(b)(1) requires that, if the hazardous waste

cannot be delivered in accordance with 40 CF R 263.21(a) because of an emergency condition other than rejection of the waste by the designated facility, then the transporter must contact the generator for further directions and must revi se the manifest according to the generator’s

instructions.

Data Item

 A manifest that has been revised accor ding to the generator’s instructions.

Respondent Activity

 Contact the generator for further directions and revise the manifest according to the generator’s instructions.22 (a7) Rejected Waste and Container Residues

Under 40 CFR 263.21(b)(2), if a hazardous waste is re jected or a container residue is identified by the designated facility listed on the manifest while the transporter is on the facility’s premises, then the transporter must comply with the appropriate procedures:

 Partial load rejections: The transporter must obtain the facility’s signature and date, the manifest tracking number of the new form, and a description/indication of the rejected waste in the discrepancy block on the original manifest. The transporter must retain this copy of the manifest in accordance with 40 CFR 263.22 and give the remaining copies to the designated facilit y. If the transporter is forwarding the shipment to the alternate facility or retu rning it the generator, the transporter must obtain the new manifest for the shipment.

 Full load rejections or container residues : The transporter must obtain the original manifest that includes the facility’s signa ture and date, name and address of the alternate facility or generato r, and a description of the rejected load or container residue in the discrepancy block as appropria te. The transporter must retain this copy

of the manifest in accordance with 40 CFR 263.22 and give a copy to the facility. If the original manifest is not used, then th e transporter must obtain a new manifest for the shipment.

Data Item

 A manifest.

Respondent Activities

 For partially rejected loads made while th e transporter is on si te, obtain the amended manifest from the facility, keep a copy, and, if receiving the rejected waste, obtain the

new manifest.

 For fully rejected loads made or container residues identified while the transporter is on site, obtain the original manife st, as amended, from the facility.

(b) Notification of Disc harge of Hazardous Waste

In the event of a discharge of hazardous wa ste during transportation, 40 CFR 263.30(a) requires the transporter to take appr opriate immediate action to pr otect human health and the environment, for example, notifying local author ities. 40 CFR 263.30(c) requires an air, rail, highway, or water transporter who has discharged hazardous waste to give notice, if required by 49 CFR 171.15, to NRC and to report in writi ng to USDOT as required by 49 CFR 171.16. 40 CFR 263.30(d) requires a water (bul k shipment) transporter who has discharged hazardous waste to give the same notice as required by 33 CF R 153.203 for oil and hazardous substances, if not already required under 33 CFR 153. 203. Water (bulk shipment) tran sporters, as soon as they have knowledge of any discharge of hazardous wa ste, must immediately notify NRC, US Coast Guard, as required by 33 CFR 153.203. If the dir ect reporting to the N RC is not practicable,23 reports may be made to the US Coast Guard or EPA predesignated OSC for the geographic area where the discharge occurs. If it is not possi ble to notify the NRC or the predesignated OSC immediately, reports may be made immediately to the nearest US Coast Guard unit, provided the transporter notifies the NRC as soon as possible.

Data Item

 Notification of a discharge of hazardous waste.

Respondent Activities

 In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate action to protect hum an health and the environment, including

notification of the discha rge to local authorities, as required by 40 CFR 263.30(a).

 Water (bulk shipment) transporters must im mediately notify NRC of the discharge or, if it is not practicable to notify the NRC, a predesignated OSC can be notified. If the OSC is notified, the transpor ter must notify the NRC of the discharge as soon as possible, as required by 40 CF R 263.30(d) and 33 CFR 153.203.

Designated Treatment, Storage and Disposal Facilities

(a) Transmitting the Manifest and Reporting to EPA

(a1) Manifest Completion, Transmittal and Recordkeeping

40 CFR 264.71(a),(b) and 40 CFR 265.71(a),(b) set forth completion, transmittal, and recordkeeping requirements for TSDFs that rece ive hazardous waste accompanied by a manifest or shipping paper. 40 CFR 264.71(a),(b) and 40 CFR 265.71(a),(b) provide that, if a facility receives hazardous waste accompanied by a manifest (or shipping paper, for certain rail or water shipments), the TSDF or his/her agent must sign and date each copy of the manifest to certify that the hazardous waste covered by the ma nifest was received; note any significant discrepancies in the manifest on each copy; immedi ately return to the transporter a signed copy; within 30 days of delivery send a copy of the manifest to the genera tor or EPA’s Office of Enforcement and Compliance Assurance (for imports ); and retain a copy fo r at least three years from the date of delivery.

Data Item

 Manifest.

 Shipping paper.

Respondent Activities

 Complete, transmit, and retain copies of the manifest, as required by 40 CFR 264.71(a),(b) or 40 CFR 265.71(a),(b) a nd the manifest instructions:24 – Enter the name of the pers on accepting the waste and si gn and date each copy of the manifest (or shipping paper, if applicable).

– Complete the management method codes.

– Note any discrepancies (as defined in 40 CFR 264.72(a)) on each copy of the manifest (or shipping pa per, if applicable).

– Immediately give the transporter at leas t one copy of the manifest (or shipping paper).

– Within 30 days of delivery, send a copy (Page 3) of the manifest to the generator.

– If the facility receives hazardous wast e imported from a foreign source, mail a copy of the manifest and documentation confirming EPA's cons ent to the import of hazardous waste to EPA’s Office of Enforcement and Compliance Assurance (OECA).

– Retain a copy of the manifest (or shippi ng paper) for at least three years from the date of delivery.

[Note: Although the noting of manifest or shipping paper discrepancies is mentioned above, it is burdened in the subsect ion entitled “Discrepancy Reports.”]

(a2) Compliance with State Program Requirements

Under 40 CFR 264.71(e) and 40 CFR 265.71(e), TSDFs must determine whether the consignment State for a shipment regulates any additional hazardous wastes (beyond those regulated Federally). TSDFs must also determ ine whether the consignment State or generator State requires the facility to submit any copi es of the manifest to these States.

Data Item

 Information provided by the St ate on its manifest program.

Respondent Activities

 Contact the consignment/generator State if needed and submit any copies of the manifest to these States, as applicable.

(a3) Discrepancy Reports

40 CFR 264.72 and 265.72 provide that, upon disc overing a significant discrepancy, TSDFs must attempt to reconcile the discrepancy with the waste generator or transporter. If the discrepancy is not resolved within 15 days af ter receiving the waste, the owner/operator must immediately submit to EPA a copy of the manifest or shipping paper in question, as well as a letter describing the discrepancy and attempts to reconcile it.

Data Items

 A copy of the manifest or shipping paper in question.

 A letter describing the manifest discrepancy a nd the facility’s efforts to reconcile it.25 Respondent Activities

 Attempt to reconcile any discrepancie s, as required by 40 CFR 264.72(c) or 265.72(c).

 Prepare and submit a letter to EPA desc ribing the discrepancy and attempts to reconcile it, along with a copy of the manifest or shipping paper at issue, as required by 40 CFR 264.72(c) or 265.72(c).

(b) Rejected Waste and Container Residues

40 CFR 264.72 and 40 CFR 265.72 provide that the TSDF must fo rward rejected waste or

container residues to an alternat e facility that can accept the wast e. If the TSDF is unable to locate an alternate facility to take the waste, then the TSDF may return the shipment to the original generator. 40 CFR 264.72(d) through (g) and 40 CFR 265.72(d) through (g) describe manifest procedures for TSDFs that origin ate a rejected waste or container residue.

(b1) Rejection of Waste after th e Transporter Leaves the Facility

For full or partial load rejections a nd residues that are to be sent off- site to an alternate facility or back to the generator after the transporter has left the facility, the facility is required to prepare a new manifest, as required by 40 CFR 264.72(d), (e)(1)-(6), or (f)(1)-(6) or 40 CFR 265.72(d), (e)(1)-(6), or (f)(1)-(6).

In addition, if a facility rejects a waste or identifies a container residue that exceeds the quantity limits for “empty” containers set forth in 40 CFR 261.7(b) after it has signed, dated, and returned a copy of the manifest to the transporter, the facility must comply with 40 CFR 264.72(g) or 265.72(g). The facility must amend its copy of the manifest to indicate th e rejected wastes or residues in the discrepancy space of the amende d manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re-s ign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at leas t three years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the delivering transporter and to the generator.

Data Items

 Instructions provide d by the generator.

 Original manifest.

 New manifest.

 Shipping paper.

Respondent Activities

 Contact the generator to obtai n the generator’s instructions for forwarding the waste to another facility that can manage the waste, as re quired by 40 CFR 264.72(d) or26 265.72(d).

 Prepare a new manifest for rejected loads or container residues se nt to the alternate designated facility or ba ck to the generator:

– Write the facility’s EPA ID, name, and a ddress in the appropriate blocks of the new manifest (i.e. Items 1 and 5), as required by 40 CF R 264.72(e)(1) or (f)(1) or 265.72(e)(1) or (f)(1).

– Write the name of the alternate designated facility/initial generator and the facility’s/generator’s EPA ID number in the designated facility block (Item 8) of the new manifest, as required by 40 CFR 264.72(e)(2) or (f)(2) or 265.72(e)(2) or (f)(2).

– Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment, as required by 40 CFR 264.72(e)(3 ) or (f)(3) or 265.72( e)(3) or (f)(3).

– Copy the manifest tracking number found in Item 4 of the new manifest to the

manifest reference number line in the Discrepancy Block of the old manifest (Item 18a), as required by 40 CFR 264.72(e)(4 ) or (f)(4) or 265.72(e)(4) or (f)(4).

– Write the USDOT description for the reject ed load or the residue in the Item 9 (USDOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste, as requi red by 40 CFR 264.72(e)(5) or (f)(5) or 265.72(e)(5) or (f)(5).

– Sign the Generator’s/Offeror’s Certificati on to certify, as the offeror of the shipment, that the waste has been proper ly packaged, marked and labeled and is in proper condition, as required by 40 CF R 264.72(e)(6) or (f )(6) or 265.72(e)(6) or (f)(6).

 Amend the facility’s copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest, as required by 40 CFR 264.72(g) or 265.72(g).

 Copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manife st, as required by 40 CFR 264.72(g) or 265.72(g).

 Re-sign and date the manifest, as required by 40 CFR 264.72(g) or 265.72(g).

 Retain the amended manifest for at least three years from the date of the amendment, as required by 40 CFR 264.72(g) or 265.72(g).

 Within 30 days, send a copy of the amended manifest to the delivering transporter and to the generator, as requi red by 40 CFR 264.72( g) or 265.72(g).

(b2) Rejection of Waste while the Trans porter Remains Present at the Facility

For container residues and full load rejections that are made while the transporter remains present at the facility, the facility may forward the shipment to the alternate facility or return the shipment to the generator usi ng the original manifest, as specified in 40 CFR 264.72(e)(7) or (f)(7) or 40 CFR 265.72 (e)(7) or (f)(7).27 Data Item

 Original manifest.

 Shipping paper.

Respondent Activities

 Contact the generator to obtai n the generator’s instructions for forwarding the waste to another facility that can manage the waste, as re quired by 40 CFR 264.72(d) or 265.72(d).

 Complete Item 18a and 18b of the original manifest, as applicable, by supplying the information on the next destination facility or the generator in the Alternate Facility

space.

 Retain a copy of the manifest.

 Give the remaining copies back to the transporter.

(c) Unmanifested Waste Repor t: Completion and Submission

Pursuant to 40 CFR 264.76 and 265.76, if the TSDF accepts a hazardous waste for treatment, storage, or disposal from any off-site sour ce without an accompanying manifest or a shipping paper as described in 40 CFR 263.20 (e)(2), and the waste is not excluded from the manifest requirement, the facility owner/operator mu st prepare and submit a letter to EPA.

Data Item

 An unmanifested waste report that includes:

– The EPA ID number, name, and address of facility.

– The date the facility received the waste.

– The EPA ID number, name, and address of ge nerator and transporter, if available.

– A description and quantity of each unma nifested hazardous waste the facility

received.

– The method of treatment, storage, or disposal for each hazardous waste.

– The certification signed by the owner/operato r of the facility or his authorized representative.

– A brief explanation of why the waste was unmanifested, if known.

Respondent Activity

 Prepare and submit to EPA a letter of the unmanifested waste within 15 days after receiving the waste.

5. AGENCY ACTIVITIES, COLLECTI ON METHODOLOGY & INFORMATION

MANAGEMENT

The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been recei ved, and how EPA will manage the information28 it collects under the manifest system. The subs ections also include a discussion of how the information collection requirements will affect small entities.

5A. Agency Activities

The Agency activities associated with the manife st requirements include the review of exception reports, discrepancy reports, and unmanifested waste reports. The Agency reviews these reports to identify potentially non-comp liant or otherwise unresolved ac tivities that warrant Agency attention. For example, upon receipt of an ex ception report, the Agency may conduct a followup investigation to assist the ge nerator in locating the shipment. The Agency keeps these reports on file. In addition, EPA requires manifest form pr inters to register with EPA, as provided under 40 CFR 262.21. The Agency will need to review, process, and keep records of the data

submitted.

5B. Collection Methodology & Management

Under the registry, EPA will collect registrant s’ initial applications under 40 CFR 262.21(b) through the regular mail, although some registra nts may voluntarily choose to send them by certified mail. EPA will examine each application to ensure that the registrant takes appropriate steps to control its tracking numbers and print a quality manifest. EPA will then request form samples from the registrant through the mail. EPA will evaluate each registrant’s form samples to ensure they satisfy the print specifications at 40 CFR 262.21(f). EPA will then keep the forms on file for future reference. EPA will post the name, manifest tracking number suffix, and contact information of each approved registrant on its web site, so that the general public is aware of who the approved registrants are, what suffixes have been approved, and how to contact registrants for forms.

In addition, EPA collects reports submitted by wa ste handlers under the manifest system (e.g., exception reports and discrepancy reports) th rough the regular mail, although some waste handlers may voluntarily choose to send them by cer tified mail. EPA reviews the reports to

understand the situation at issue and take follow up action as n eeded. EPA keeps the files on

record for future reference.

5C. Small Entity Flexibility

The current regulations require both large and small quantity generators of hazardous waste to use the manifest to track shipments of hazardous waste. However, the Agency has found that most small businesses do not generate hazardous wa ste either at all or in large enough quantities to make them subject to regulation and, therefore, are not affected by the manifest requirements. Generators of less than 100 kg/month (conditiona lly exempt small quantity generators) are exempted from manifest requirements. Also, EP A has exempted from the manifest requirements universal wastes (i.e., batteries, mercury thermost ats, lamps, and pesticides, as specified), spent lead-acid batteries going for r ecycling, and used oil being re cycled or burned for energy

recovery.

(1) Contractual Reclamation Agreements29 A small quantity generator (SQG) is exempt from the manifest re quirements when his hazardous waste is reclaimed under a contractual agreemen t, and he complies with limited requirements, including recordkeeping of th e contractual agreement, as required by 40 CFR 262.20(e)(2).

(2) Exception Reports

The exception report requirements, under 40 CFR 262.42, for SQGs are less stringent than those for large quantity generators (LQGs). A SQG is only required to submit to EPA a legible copy

of the manifest with some indication he/she ha s not received confirmation of delivery and has 60 days to fulfill this requirement. LQGs, on the other hand, are required to contact the transporter or facility owner/operator if he /she has not received a copy of th e manifest within 35 days. In addition, if 45 days have passed and the LQG still has not received a signed copy of the manifest, he/she must submit a copy of the manifest as we ll as a cover letter e xplaining the generator’s efforts to locate the hazardous waste. Hence, the exception report requirements for SQGs are not

as burdensome.

5D. Collection Schedule

(1) Registry Document Collectio n: Registrant Organizations

Before printing the manifest for use or distributi on, registrants must submit an initial application, three fully assembled manifests, and a description of the form samples to EPA. EPA will either approve the registrant to print the forms, or request modification to the application and/or samples before approval. In addition, registrant s that would like to us e a new tracking number suffix, change the printing specifications of their manifest, use a new printer, or typeset their manifest subsequent to EPA approval to print the manifest must submit additional documentation (e.g., proposed suffix, manifest samp les, brief description of the new printer’s qualifications to print the manifest), as specified.

Before an approved registrant can change its fo rm in regard to paper type, paper weight, ink color of the instructions, or binding method, or before using a new printer, it must seek EPA approval by submitting new form samples and, if app licable, a description of the new printer. Note, however, that a registrant may request an exemption from the requirement to submit form samples if the Agency is persuaded that a separa te review of the registrant’s forms would serve little purpose in informing an approval decision. Any approved registrant wanting to update any information provided in its application must re vise the application and submit it to EPA, along with an indication or explanation of the update, as soon as practicable after the change occurs.

Finally, an approved registrant must notify EP A by phone or email as soon as it becomes aware that it has duplicated manifest tracking numbers on forms that have been used or distributed. The registrant must also provide information on its printing activities, if requested by EPA.30 (2) Exception Reports Collection: Generators

LQGs must submit exception reports to EPA with in 45 days of the date the waste was accepted by the initial transporte r, if he or she has not received a copy of the manifest signed by the TSDF. SQGs must submit an abbreviated versi on of an exception report to EPA within 60 days.

(3) Manifests Returned to Generators: Designated TSDFs

Designated TSDFs must return a signed and dated copy of the manifest to the generator within 30 days after delivery of the waste. If a f acility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest and documentation confirming EPA's consent to the import of hazardous waste to the following address within thirty (30) days of delivery: Office of Enforcemen t and Compliance Assurance, Office of Federal Activities, International Compliance Assuran ce Division (2254A), E nvironmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

(4) Discrepancy and Unmanifested Wast e Report Collection: Designated TSDFs

Designated TSDFs must submit discrepancy repo rts and unmanifested waste reports to EPA within 15 days of delivery of the waste to the TSDF.

6. ESTIMATE OF BURDEN HOURS & COST

In this section, EPA estimates the total annual respondent and Agency hour and cost burden for all information collection requirements covered in this ICR. Exhibits 1 through 17 provide estimates of the annual respondent burden a ssociated with these information collection requirements. Exhibit 18 presents the total a ggregate annual cost burden to all respondents under the information collection requirements covered in this ICR. Exhibit 19 estimates Agency hour

and cost burden.

These exhibits estimate burden ove r the next three years for the paper-based manifest system. As discussed earlier, EPA is currently taking acti on to establish the national e-Manifest system, but unknown variables (e.g., funding c ontingencies for e-Manifest system development) could delay the actual deployment of the system. Ther efore, until EPA announces that the e-Manifest system is available for use in a subsequent Fe deral Register document, all respondents under the information collection requirements covered in th is ICR must continue to comply with the current paper-based manifest system and use the existing paper manifest forms for the off-site transportation of hazardous waste shipments.

6A. Estimating the Respondent Universe

Table 1 presents the annual number of respondents in this ICR. To develop these estimates, EPA queried RCRAInfo to identify facilities that, for purposes of the National Biennial Report for31 reporting year 2013, were considered to be: 1) shippers 4 ; 2) receivers 5 ; 3) managers 6 ; and/or 4)

generators 7 . EPA developed a list of facilities in each group that included their EPA ID numbers. Then, EPA took the following additional steps:

 For LQGs, EPA examined GM Form data to identify LQGs and non-LQGs (i.e., SQGs/CESQGs) based on their generated quant ity of hazardous waste. EPA then compared the list of LQGs to the list of shippers and concluded that facilities whose EPA ID number appears on both lists are LQGs that shipped waste off-site. Finally, EPA determined that 3% of LQGs are fe derally owned/operated based on Site ID Forms and removed them from this analysis , resulting in the estimate shown in Table

1.

 For TSDFs acting as generators, EPA compared the list of managers (i.e., TSDFs) to the list of shippers and c oncluded that facilities whos e EPA ID number appears on both lists are TSDFs that shipped waste off- site. EPA determined that 7% of TSDFs are federally owned/operated based on Site ID Forms and removed them from this analysis. Finally, EPA estimates that 25% of these TSDFs are commercial and 75% are captive, resulting in the estimates shown in Table 1.

 For SQGs, EPA examined RCRAInfo data (e .g., notifications, Bie nnial Report data) to identify SQGs based on reported genera tor status and/or generated/shipped quantity of hazardous waste. EPA then comp ared the list of SQGs to the list of shippers and concluded that facilities whose EPA ID number appears on both lists are SQGs that shipped waste off-site. Finally, EPA determined that 3% of SQG shippers are federally owned/operated a nd removed them from this an alysis, resulting in this ICR’s estimate of SQGs. 8 Finally, EPA estimates that 18% of SQGs operate pursuant to a reclamation agreement under 40 CF R 262.20(e) and are exempt from the requirement for a manifest. The remain ing 82% do not operate under an agreement and are subject to the manifest requirements. This resulted in the estimates shown in

Table 1.

 For transporters, EPA referred to census da ta of the U.S. Department of Commerce,

U.S. Census Bureau under NAICS Code 562112 (Hazardous Waste Collection), all

establishments. EPA determined that 7% are federally owned/operated and removed them from this analysis, resulting in the estimate shown in Table 1.

 For receivers (i.e., designated TSDFs), EP A referred to the number of facilities

identified as “receivers” in the National Biennial Report for reporting year 2013. ICF determined that 6% of managers are fe derally owned/operated based on Site ID

4 The term “shipper” includes all sites that shippe d RCRA hazardous waste off-s ite (e.g., LQGs, SQGs).

5 The term “receiver” includes all sites that received RCRA hazardous waste from off-site.

6 The term “manager” includes sites that: (1) generated and managed RCRA hazardous waste at their site or (2)

received RCRA hazardous waste from off-site for management.

7 The term “generator” includes sites that: (1) generated RC RA hazardous waste at their sites or (2) served as the generator of record fo r hazardous wastes imported into the U.S.

8 The SQG estimate in the table is preliminary. EPA is still refining the methodology and estimate.32 Forms and removed them from this analysis , resulting in the estimate shown in Table

1.

Table 1 Annual Number of Respondents in ICR

Type of Respondent Annual Number of Respondents

Generators

LQGs 18,001

Commercial TSDFs a 234

Captive TSDFs a 703

SQGs (without reclamation agreements) b 52,496

SQGs (with reclamation agreements) b 11,524

Total (Generators) 82,958

Transporters 471

Designated TSDFs 394

a In general, TSDFs qualify as either LQGs or SQGs. Howe ver, EPA has found that TSDFs acting as generators often face burdens that are different from generators that are not TSDFs. Therefore, EPA has broken them out separately for purposes of examining burden in this analysis.

b EPA’s estimate of SQGs is preliminary , as it is still refining the methodolog y and estimate. SQGs shipping under a

reclamation agreement pursuant to 40 CFR 262.20(e) are not subject to the requirement for a manifest.

Table 2 presents the average numbe r of manifests that each type of generator will offer into transportation. These averages ar e taken from the curre ntly approved ICR. The table also shows the total annual number of manifests completed by all generators. In total, EPA estimates that generators will prepare and offe r 1.41 million manifests into trans portation on average annually.

Table 2

Annual Number of Manifests Prepared by Generators

Type of Generator Number of

Generators Average Annual

Number of

Manifests Completed per

Generator Total Annual

Number of

Manifests Completed

LQGs 18,001 46 828,046

Commercial TSDFs 234 347 81,198

Captive TSDFs 703 36 25,308
SQGs (operating without reclamation agreements) 52,496 9 472,464

Total 71,434 20 a 1,407,016

a This number was calcul ated by dividing the total annual num ber of manifests by the total numbe r of generators. It is presente d for illustrative purposes only. It does not appear in the exhibits.33 6B. Estimating Respondent Costs

Following is a discussion of respondent labo r, capital and operation and maintenance (O&M) costs used in Exhibits 1 through 18.

Labor Costs

EPA estimates an average hourly respondent la bor cost of $ $96.98 for legal staff, $ $81.73 for managerial staff, $40.44 for technica l staff, and $22.40 for clerical st aff. To derive these hourly estimates, EPA referred to the May 2014 National Occupatio nal Employment and Wage

Estimates published by the U.S. Bur eau of Labor Statistics. 9 This publication summarizes the unloaded (base) hourly rate for major occupational groups. 10 EPA then applied a multiplier of 1.4845 to derive loaded hourly rate s (including fringe and overhead). 11 Finally, EPA updated the loaded hourly rates to December 2014 levels usin g Employment Cost Indexes developed by the

U.S. Bureau of Labor Statistics. 12

Capital Costs

Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. For this ICR, capital costs

include file cabinet costs. As shown in E xhibit 18, EPA estimates the total average annual capital cost to all hazardous waste handlers under the manifest system, collectively, to be $340,622. EPA took the following steps to derive th e capital costs associat ed with the purchase

of file cabinets:

1. Estimate the total annual volume of paper man ifests required to be retained by all

waste handlers. Under the manifest system, generators, transporters, and designated TSDFs must keep copies of manifests and other manifest-related documents for a period of three years. Thus, at any given time during the effective period of this ICR, the hazardous waste industry is keeping paper copies of three years’ worth of manifest-related documents. In total, EPA estimates that waste handlers (i.e., generators, transporters, and designated TSDFs) will need to keep copies of 17,237,443 manife sts and reports annually.

9 U.S. Bureau of Labor Statistics (BLS), Occupational Employment Statistics (OES), May 2014 National Occupational Employment and Wage Estimates (averages across all NAICS codes). Available online

at: http://www.bls.gov/oes/current/oes_nat.htm , last accessed on April 20, 2015. Mean Hourly Wage.

10 For purposes of this analysis, the following occupatio nal groups were used: Legal staff, SOC 23-1011 Lawyers; managerial staff, SOC 11-0000 Management Occupations; technical staff, SOC 17-3026 Industrial Engineering Technicians; and clerical staff, SOC 43-9061 Office Clerks, General.

11 Office of Management and Budget (OMB ). Figure C1, OMB Circular A-76: Performance of Commercial

Activities , May 29, 2003. Available online at: http://www.whitehouse.gov/omb/circulars /a076/a76_incl_tech_correction.html , last accessed on April 20, 2015.

12 Bureau of Labor Statistics, “Table 4. Employment Cost Index for total compensation, for civilian workers, by occupation and industry, Continuous occupational and industry series (not seasonally adjusted),” Employment Cost

Index - Historical Listin g , Volume V; January 2015 . Available online at: http://www.bls.gov/web/eci/ecicois.pdf

, last accessed on April 20, 2015. Civilian Workers, All Workers.34 2. Ascertain the number of standard-size file cabinets that would provide the needed capacity and estimate aggregat e cost to waste handlers. EPA estimates that a standard-size, five-drawer, lateral file cabinet holds approximately 16,000 documents. Thus, for storing 17,237,443 paper manifests and reports, waste handlers would need 1,077 file cabinets (i.e., 17,237,443/16,000) each year. These 1,077 file cabinets repr esent the total capacity needed by the industry, collectively, to store all of its paper manifests and reports. EPA estimates that the
cost of one file cabinet is $829.99 13 and for all 1,077 file cabinets is $893,899.

3. Annualize the aggregate cost of standard-si ze file cabinets using a net present value formula. EPA used the following present value formula to annualize the

cost of file cabinets over the three- year effective life of this ICR:

Annualized Net Present Value = $893,899 x [1/( ∑ 1/(1+k) t )]

where k = discount rate of 7 percent; t = life of equipment (3 years). 14

In total, EPA estimates that the hazardous wa ste industry will need to pay an annual cost of $340,622 for the 1,077 file cabinets.

Operation and Maintenance (O&M) Costs

O&M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by th e Paperwork Reduction Act of 1995 as “the recurring

dollar amount of costs associated with O&M or purchasing services.” Fo r this ICR, O&M costs

include:

 Printing cost for sample manifests: EPA es timates that respondents will incur a cost of $641 for each set of manifest form sample s. These respondents are expected to contract with a printing company. Hence, the fee of $641 is considered a lump-sum

cost. This O&M cost was obtained from th e previously approved ICR (i.e., EPA ICR Number 0801.18, dated January 2012), and upda ted to 2015 levels using Consumer Price Indexes developed by the Bureau of Labor Statistics. 15

 Purchase blank paper manifest forms from EPA-registered printer: EPA estimates that respondents will incur a cost of $0.42 for each blank paper manifest and $0.42

for each blank manifest continuation sheet they purchase from an EPA-registered printer 16, 17

13 Standard-size, five-drawer, lateral file cabinet cost based on current market price, as of April 20, 2015.

14 Based on an OMB-approved discount rate of seven percent (OMB Circular A-94) and a required three-year record retention period for the manifest.

15 Bureau of Labor Statistics, Historical Consumer Price Index for All Urban Consumers (CPI-U): U. S. city average, all items. Available online at: http://www.bls.gov/cpi/cpid1503.pdf , last accessed on April 20, 2015.

16 Uniform manifest form cost based on current market price, as of April 20, 2015.

17 Continuation sheet cost based on current market price, as of April 20, 2015.35  Mailing costs: EPA estimates that res pondents will incur a cost of $0.52 to mail a one-ounce package ($0.49 for postage and $0.03 for standard-size envelope) 18, 19 EPA also estimates that respondents will incur a cost of $5.26 for mailing a larger package (i.e., a five-ounce package) by certif ied mail ($1.82 for postage, $3.30 for the certified-mail fee, and $0.14 for a catalog envelope). 20, 21, 22

 Photocopying costs: EPA estimates that respondents will incur a cost of $0.10 for each photocopy they make.

 Long distance telephone call costs: EPA estimates that respondents will incur a cost of $2.00 for each long distance telephone call they make.

6C. Estimating Agency Hour and Cost Burden

EPA estimates the Agency hour and cost burden associated with the information collection requirements covered in th is ICR in Exhibit 19.

Labor Costs

As shown in the exhibits, EPA estimates an average hourly labor cost of $88.30 for legal staff (GS-15, Step 5), $77.92 for managerial staff (G S-15, Step 1), $56.05 for technical staff (GS-13, Step 1), and $23.92 for clerical st aff (GS-06, Step 1). To derive these hourly estimates, EPA

referred to the 2015 General Schedule (Base) for hourly rates. 23 This publication summarizes the unloaded (base) hourly rate for various labor categories in the Federal Government. EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates.

Capital Costs

EPA anticipates that the Agency will not incur any significant capital costs under the current manifest system.

18 U.S. Postal Service, “First-Class Mail - Retail.” Available online at: https://www.usps.com/business/first-classmail-for-business.htm ?, last accessed on April 20, 2015.

19 Standard-size envelope cost based on current market price, as of April 20, 2015 (i.e., box of 500 standard business gummed envelopes at $15.79).

20 U.S. Postal Service, “First-Class Mail - Retail.” Available online at: https://www.usps.com/business/first-classmail-for-business.htm ?, last accessed on April 20, 2015.

21 U.S. Postal Service, “Dom estic Insurance &Extra Servic es.” Available online at: https://www.usps.com/busines s/add-extra-services.htm ?, last accessed on April 20, 2015.

22 Catalog envelope cost based on current market price, as of April 20, 2015 (i.e., box of 250 brown kraft catalog envelopes (9" x 12") at $35.39).

23 U.S. Office of Personnel Management, “Salary Table 2015-GS, Incorporating the 1% General Schedule Increase Effective January 2015,” Hourly Rate. Available online at: http://www.opm.gov/policy- data-oversight/payleave/salaries-wages/salar y-tables/pdf/2015/GS_h.pdf , last accessed on April 20, 2015.36 Operation and Maintenance Costs

For this ICR, EPA O&M costs include mailing costs associated with manifest registry activities. EPA estimates that the Agency will incur a cost of $0.52 to mail a one-ounce package ($0.49 for postage and $0.03 for standard-size envelope). 24, 25 EPA also estimates that the Agency will incur a cost of $5.26 for mailing a larger packag e (i.e., a five-ounce package) by certified mail ($1.82 for postage, $3.30 for the certified-ma il fee, and $0.14 for a catalog envelope). 26, 27, 28
EPA O&M costs are shown in Exhibit 23 for all applicable activities.

6D. Estimating Respondent Hours and Costs

Refer to Section 6A of this document for many of the assumptions reflected in the exhibits.

(a) Registrant Orga nization Requirements

(a1) Reading the Regulations

Exhibit 1 presents the total annual hour and cost burden to registra nt organizations in reading the manifest regulations at 40 CFR 262.21. EPA expects that on averag e, one registra nt organization will read 40 CFR 262.21 regulations each year.

(a2) Applying to the Registry

EPA estimates that each year, one entity will regi ster with EPA to print its own forms.

(a3) Updating General Informati on in the Approved Application

EPA estimates that, each year, three registrant organizations will revise and submit their approved application to EPA, along with an indication or ex planation of the update, under 40 CFR 262.21(h)(1).

24 U.S. Postal Service, “First-Class Mail - Retail.” Available online at: https://www.usps.com/business/first-classmail-for-business.htm ?, last accessed on April 20, 2015.

25 Standard-size envelope cost based on current market price, as of April 20, 2015 (i.e., box of 500 standard business gummed envelopes at $15.79).

26 U.S. Postal Service, “First-Class Mail - Retail.” Available online at: https://www.usps.com/business/first-classmail-for-business.htm ?, last accessed on April 20, 2015.

27 U.S. Postal Service, “Dom estic Insurance &Extra Servic es.” Available online at: https://www.usps.com/busines s/add-extra-services.htm ?, last accessed on April 20, 2015.

28 Catalog envelope cost based on current market price, as of April 20, 2015 (i.e., box of 250 brown kraft catalog envelopes (9" x 12") at $35.39).37 (a4) Requesting Approval for a New Tracking Number Suffix

EPA estimates that no approved registrant or ganization will request a new tracking number suffix during the 3-year period covered by this ICR. Because each manifest tracking number consists of the three-letter suffix and nine digits , each registrant will be able to generate more than 999 million forms using its original suffix. EPA does not expect a registrant to request a new suffix for many years.

(a5) Requesting Approval for Changes to Printing Specifications or Use of a New

Printer

EPA estimates that one registrant organization an nually will request approval for changes to its form or for the use of a new printer under 40 CFR 262.21(e).

(a6) Typesetting the Manifest Form Subsequent to its Approval

EPA estimates that no registrant organization will typeset its manife st form, instead of using the electronic file of the forms provided by EPA, du ring the 3-year period covered by this ICR. Upon approval of a registrant’s application unde r 40 CFR 262.21(c), EPA will provide it with an electronic file of the manifest, c ontinuation sheet, and instructions and ask it to use these files to develop the forms. In its cons ultations, EPA found that printers intend to share these files among their printing establishments so that none will ne ed to typeset the form. Typesetting the form would be unappealing to registrants because of th e level of effort required in comparison with using the electronic files.

(a7) Requesting an Exemption

EPA estimates that no registrant organizations will submit a request for an exemption under 40 CFR 262.21(j). EPA expects each registrant to be forward looki ng when originally registering under 40 CFR 262.21(b) through (e), and carefully select the appropriate paper type, paper weight, and other asp ects of the form.

(a8) Notifying EPA of a Printing Specification Violation

EPA estimates that one registrant organization will notify EPA that it has duplicated tracking

numbers on forms used or distributed to other parties. Registrants must print their forms according to their approved applications, which will lay out procedures for tightly controlling their tracking numbers and ensuring that each manifest has a unique number.

(a9) Revising the Approved Manifest if Requested by EPA

EPA estimates that no registrant organization will need to submit re vised manifest form samples, per EPA’s request, during the 3-year period cove red by this ICR. EPA will carefully review each registrant’s forms under 40 CFR 262.21(e) to de termine if they satisfy the requirements of 40 CFR 262.21(f). EPA does not expect to identify problems in form s that have been approved.38EXHIBIT 1ESTIMATED ANNUAL HOUR AND COST BURDEN FOR REGISTRANT ORGANIZATIONSaLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Registrants Total Hours Total CostRead the regulations0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 1 1 $61Prepare and submit initial application 0.00 0.25 1.00 0.10 1.35 $63.11 $5.26 1 1 $68Submit revised initial application to EPA, if requested 0.00 0.10 0.50 0.10 0.70 $30.63 $5.26 1 1 $36Submit three fully assembled manifests and, if needed, continuation sheets and adescription of the form samples0.00 0.10 0.17 0.10 0.37 $17.29 $646.26 1 0 $663Submit revised form samples based on EPA comment on the initial samples, ifrequested0.00 0.10 0.17 0.10 0.37 $17.29 $646.26 1 0 $663Revise and submit the application to EPA, along with an indication or explanationof the update0.00 0.10 0.17 0.10 0.37 $17.29 $0.52 3 1 $54Respond to the Agency’s concerns, if applicable 0.00 0.10 0.17 0.00 0.27 $15.05 $0.00 1 0 $15Submit a proposed tracking number suffix, along with the reason for requesting it 0.00 0.10 0.17 0.10 0.37 $17.29 $0.52 0 0 $0Submit three samples of the manifest form and/or continuation sheet and, ifapplicable, a brief description of the qualifications of the new printer0.00 0.10 0.17 0.10 0.37 $17.29 $646.26 1 0 $663Submit revised manifest form and/or continuation sheet samples to EPA, ifrequested0.00 0.10 0.17 0.10 0.37 $17.29 $646.26 1 0 $663Submit three samples of the manifest or continuation sheet to the registry forapproval0.00 0.00 0.17 0.10 0.27 $9.11 $646.26 0 0 $0Submit documentation to EPA indicating why an exemption is warranted 0.00 0.10 0.17 0.10 0.37$17.29 $0.52 0 0 $0Notify EPA of duplicated manifest tracking numbers 0.00 0.00 0.25 0.00 0.25$10.11 $2.00 1 0 $12Submit revised manifest form samples to EPA, if requested 0.00 0.10 0.17 0.10 0.37$17.29 $646.26 0 0 $0Submit information if requested by EPA 0.00 0.25 0.50 0.00 0.75 $40.65 $0.52 0 0 $0TOTAL0.00 varies varies varies varies varies varies varies 4 $2,898aExhibit contains rounding error.Typesetting the Manifest Form Subsequent to its ApprovalResponding to Suspension and Revocation ProceduresRevising the Approved Manifest if Requested by EPARequesting an ExemptionNotifying EPA of a Printing Specification ViolationRequesting Approval for a New Tracking Number SuffixRequesting Approval for Changes to Printing Specifications or Use of a New PrinterHours per GeneratorApplying to the RegistryRead the regulationsUpdating General Information in the Approved Application39 (a10) Responding to Suspension and Revocation Procedures

EPA does not expect to conduct suspension or revocation proce dures during the 3-year period covered by this ICR. The registration pro cess under 40 CFR 262.21(b) through (e) will ensure that each approved registrant is capable of tightly controlling its tracking numbers and printing forms consistent with the approved samples a nd the print specificati ons. Therefore, EPA anticipates it will rarely invoke its suspension and revocation procedures.

(b) Generator Requirements

(b1) Reading the Regulations

Exhibit 2 presents the total annual hour and cost burden to hazardous waste generators in reading the manifest regulations at 40 CFR Part 262. EP A expects that each generator will read the 40 CFR Part 262 regulations each year.

(b2) Manifest Completion

Exhibits 3 and 4 present the tota l annual hour and cost burden for generators to complete their

manifests. The exhibits reflect the fact that designated TSDFs often provi de assistance to their generator customers in preparing manifests for shipments to their faci lity. For purposes of analysis, this ICR assumes that a percentage of LQGs and SQGs rely on the designated TSDFs’ assistance in manifest prepara tion, while the remaining LQGs and SQGs, as well as all TSDFs acting as generators, pr epare their manifests themselves, as follows:

 Completing the Manifest w ithout the Assistance of Designated TSDF: Based on consultations with hazardous waste genera tors and the States, EPA estimates that about 58% of LQG manifests and 20% of SQG manifests accompanying hazardous waste shipments are prepared without the assistance of the designated TSDF. This is

reflected in Exhibit 3. In addition, EPA estimates that a bout 5% of manifests include

continuation sheets.

 Completing the Manifest With the Assist ance of Designated TSDF: As discussed, EPA recognizes that many LQGs and SQGs rely on the assistance of the designated TSDF to complete the manifest form. Because the designated TSDF normally fills out most of the manifest form for the genera tor, the collaborative effort significantly reduces the burden on generators. Based on its consultations, EPA estimates that about 42% of manifests from LQGs and 80% of manifests from SQGs are jointly completed with the designated TSDF. This is reflected in Exhibit 4. [Note: Refer to

Exhibit 14 for the hour and cost burden for designated TSDFs to assist LQGs and SQGs in completing their manifests.]40EXHIBIT 2ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaREADING THE REGULATIONSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Generators Total Hours Total CostLQGs0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 18,001 22,501 $1,095,721TSDFs0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 937 1,171 $57,035SQGs0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 52,496 65,620 $3,195,432TOTAL (LQGs, TSDFs, and SQGs) 0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 71,434 89,292 $4,348,188aExhibit contains rounding error.Hours per GeneratorRead the regulationsEXHIBIT 3ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaCOMPLETING THE MANIFEST (WITHOUT ASSISTANCE OF DESIGNATED TSDFs)Legal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostComplete the manifest0.00 0.00 0.40 0.10 0.50 $18.42 $0.42 480,267 240,134 $9,048,230Complete the continuation sheet 0.00 0.00 0.19 0.04 0.23 $8.58 $0.42 24,013 5,523 $216,117Complete the manifest0.00 0.00 0.43 0.10 0.53 $19.63 $0.42 81,285 43,081 $1,629,765Complete the continuation sheet 0.00 0.00 0.18 0.04 0.22 $8.18 $0.42 4,064 894 $34,951Complete the manifest0.00 0.00 0.43 0.10 0.53 $19.63 $0.42 25,299 13,408 $507,245Complete the continuation sheet 0.00 0.00 0.18 0.05 0.23 $8.40 $0.42 1,265 291 $11,157Complete the manifest 0.00 0.00 0.40 0.08 0.48 $17.97 $0.42 94,493 45,357 $1,737,726Complete the continuation sheet 0.00 0.00 0.18 0.03 0.21 $7.95 $0.42 4,725 992 $39,549TOTAL (LQGs, TSDFs, and SQGs)b0.00 0.00 varies varies varies varies $0.00 681,344 349,680 $13,224,740aExhibit contains rounding error.bTotal reflect the number of manifests, i.e. the number of continuation sheets is not reflected.Manifest completion: Captive TSDFs who are also generatorsHours per GeneratorManifest completion: LQGsManifest completion: Commercial TSDFs who are also generatorsManifest completion: SQGs41EXHIBIT 4ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaCOMPLETING THE MANIFEST (WITH ASSISTANCE OF DESIGNATED TSDFs)Legal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostComplete the manifest0.00 0.00 0.02 0.01 0.03 $1.03 $0.00 347,779 10,433 $358,212Complete the manifest0.00 0.00 0.02 0.01 0.03 $1.03 $0.00 377,971 11,339 $389,310TOTAL (LQGs and SQGs) 0.00 0.00 0.02 0.01 0.03 $1.03 $0.00 725,750 21,772 $747,522aExhibit contains rounding error.Manifest completion: LQGsHours per GeneratorManifest completion: SQGsEXHIBIT 5ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaCOMPLIANCE WITH STATE PROGRAM REQUIREMENTSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Phone Calls Total Hours Total CostContact the consignment/generator State if needed and submit any copies of themanifest to these States, as applicable0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 54,003 0 $0Contact the consignment/generator State if needed and submit any copies of themanifest to these States, as applicable0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 702 0 $0Contact the consignment/generator State if needed and submit any copies of themanifest to these States, as applicable0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 2,109 0 $0Contact the consignment/generator State if needed and submit any copies of themanifest to these States, as applicable0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 157,488 0 $0TOTAL (LQGs, TSDFs, and SQGs) 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 214,302 0 $0aExhibit contains rounding error.Compliance with State program requirements: SQGsHours per GeneratorCompliance with State program requirements: TSDFs who are also generatorsCommercial TSDFsCaptive TSDFsCompliance with State program requirements: LQGs42EXHIBIT 6ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaTRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostSign the manifest certification and obtain the signature of the initial transporter anddate of acceptance on the manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 828,046 8,280 $331,218Keep a copy of the manifest and give the remaining copies to the initial transporter 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 828,046 82,805$1,854,823Keep a copy of the manifest returned from the designated facility 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 828,046 82,805 $1,854,823For shipments solely by water, send three copies of the manifest, dated andsigned, to the designated facility or the last water transporter to handle the wastein the U.S.0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 24,841 3,975 $101,848For shipments by rail originating at the site of generation, send at least threecopies of the manifest to the next non-rail transporter, the designated facility, or thelast rail transporter to handle the waste in the U.S.0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 49,683 7,949 $203,700Provide the transporter with an EPA Acknowledgment of Consent and anadditional copy of the manifest or shipping papers for delivery to the U.S. Customsofficial at the point the hazardous waste exits the U.S.0.00 0.00 0.00 0.25 0.25 $5.60 $0.10 9,915 2,479 $56,516Subtotal (for LQGs)0.00 0.00 varies varies varies varies varies varies 188,293 $4,402,928aExhibit contains roundingerror.ExportsHours per GeneratorManifest transmittal and recordkeeping: LQGsManifestEXHIBIT 6 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaTRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostManifestSign the manifest certification and obtain the signature of the initial transporter anddate of acceptance on the manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 81,285 813 $32,514Keep a copy of the manifest and give the remaining copies to the initial transporter 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 81,285 8,129 $182,078Keep a copy of the manifest returned from the designated facility 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 81,285 8,129 $182,078For shipments solely by water, send three copies of the manifest, dated andsigned, to the designated facility or the last water transporter to handle the wastein the U.S.(Domestic and Exports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 2,439 390 $10,000For shipments by rail originating at the site of generation, send at least threecopies of the manifest to the next non-rail transporter, the designated facility, or thelast rail transporter to handle the waste in the U.S. (Domestic and Exports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 4,877 780 $19,996Provide the transporter with an EPA Acknowledgment of Consent and anadditional copy of the manifest or shipping papers for delivery to the U.S. Customsofficial at the point the hazardous waste exits the U.S.0.00 0.00 0.00 0.25 0.25 $5.60 $0.10 1,688 422 $9,622Subtotal (for Commercial TSDFs)0.00 0.00 varies varies varies varies varies varies 18,663 $436,288aExhibit contains rounding error.ExportsHours per GeneratorManifest transmittal and recordkeeping: Commercial TSDFs43EXHIBIT 6 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaTRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostManifestSign the manifest certification and obtain the signature of the initial transporter anddate of acceptance on the manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 25,299 253 $10,120Keep a copy of the manifest and give the remaining copies to the initial transporter 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 25,299 2,530 $56,670Keep a copy of the manifest returned from the designated facility 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 25,299 2,530 $56,670For shipments solely by water, send three copies of the manifest, dated andsigned, to the designated facility or the last water transporter to handle the wastein the U.S.(Domestic and Exports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 759 121 $3,112For shipments by rail originating at the site of generation, send at least threecopies of the manifest to the next non-rail transporter, the designated facility, or thelast rail transporter to handle the waste in the U.S. (Domestic and Exports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 1,518 243 $6,223Provide the transporter with an EPA Acknowledgment of Consent and anadditional copy of the manifest or shipping papers for delivery to the U.S. Customsofficial at the point the hazardous waste exits the U.S.0.00 0.00 0.00 0.25 0.25 $5.60 $0.10 633 158 $3,608Subtotal (for Captive TSDFs)0.00 0.00 varies varies varies varies varies varies 5,835 $136,403aExhibit contains rounding error.Hours per GeneratorManifest transmittal and recordkeeping: Captive TSDFsExportsEXHIBIT 6 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaTRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostManifestSign the manifest certification and obtain the signature of the initial transporter anddate of acceptance on the manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 472,464 4,725 $188,986Keep a copy of the manifest and give the remaining copies to the initial transporter 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 472,464 47,246$1,058,319Keep a copy of the manifest returned from the designated facility 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 472,464 47,246 $1,058,319For shipments solely by water, send three copies of the manifest, dated andsigned, to the designated facility or the last water transporter to handle the wastein the U.S.(Domestic and Exports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 14,174 2,268 $58,113For shipments by rail originating at the site of generation, send at least threecopies of the manifest to the next non-rail transporter, the designated facility, or thelast rail transporter to handle the waste in the U.S. (Domestic and Exports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 28,348 4,536 $116,227Provide the transporter with an EPA Acknowledgment of Consent and anadditional copy of the manifest or shipping papers for delivery to the U.S. Customsofficial at the point the hazardous waste exits the U.S.0.00 0.00 0.00 0.25 0.25 $5.60 $0.10 8,860 2,215 $50,502Retain a copy of each reclamation agreement 0.00 0.00 0.00 0.10 0.10 $2.24 $0.00 11,524 1,152 $25,814Subtotal (for SQGs)0.00 0.00 varies varies varies varies varies varies 109,388 $2,556,280TOTAL (LQGs, TSDFs, and SQGs) 0.00 0.00 varies varies varies varies varies varies 322,179 $7,531,899aExhibit contains rounding error.Reclamation AgreementsHours per GeneratorManifest transmittal and recordkeeping: SQGsExports44EXHIBIT 7ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaUNDELIVERABLE SHIPMENTSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostDesignate another facility or instruct the transporter to return the waste 0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 828 66 $2,683Designate another facility or instruct the transporter to return the waste 0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 81 6 $262Designate another facility or instruct the transporter to return the waste 0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 25 2 $81Designate another facility or instruct the transporter to return the waste 0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 472 38 $1,529TOTAL (LQGs, TSDFs, and SQGs) 0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 1,406 112 $4,555aExhibit contains rounding error.Undeliverable shipments: SQGsUndeliverable shipments: Captive TSDFsHours per GeneratorUndeliverable shipments: Commercial TSDFsUndeliverable shipments: LQGsEXHIBIT 8ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaREJECTED WASTE AND CONTAINER RESIDUESLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostSign Item 18c of the manifest, if the transporter returned the shipment using theoriginal manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 311 3 $124Sign Item 20 of the manifest, if the transporter returned the shipment using a newmanifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 311 3 $124Provide the transporter a copy of the manifest 0.00 0.00 0.17 0.00 0.17 $6.87 $0.00 622 106 $4,273Within 30 days of delivery, send a copy to the designated TSDF that returned theshipment to the generator0.00 0.00 0.00 0.15 0.15 $3.36 $0.52 622 93 $2,413Retain a copy0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 622 106 $2,370TOTAL0.00 0.00 varies varies varies varies varies 622 311 $9,304aExhibit contains rounding error.Rejected waste and container residuesHours per Generator45EXHIBIT 9ESTIMATED ANNUAL HOUR AND COST BURDEN FOR GENERATORSaDEVELOPING EXCEPTION REPORTSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Reports Total Hours Total CostPrepare and submit a signed cover letter toEPA explaining the generator’s effortsto locate the hazardous waste and the results of those efforts, along with a legiblecopy of the manifest0.00 0.50 0.50 0.10 1.10 $63.32 $0.62 14,813 16,294 $947,143Keep a copy of each exception report 0.00 0.00 0.00 0.10 0.10 $2.24 $0.10 14,813 1,481 $34,662Prepare and submit a signed cover letter toEPA explaining the generator’s effortsto locate the hazardous waste and the results of those efforts, along with a legiblecopy of the manifest0.00 0.50 0.50 0.10 1.10 $63.32 $0.62 417 459 $26,663Keep a copy of each exception report 0.00 0.00 0.00 0.10 0.10 $2.24 $0.10 417 42 $976Prepare and submit a signed cover letter toEPA explaining the generator’s effortsto locate the hazardous waste and the results of those efforts, along with a legiblecopy of the manifest0.00 0.50 0.50 0.10 1.10 $63.32 $0.62 130 143 $8,313Keep a copy of each exception report 0.00 0.00 0.00 0.10 0.10 $2.24 $0.10 130 13 $304Submit a legible copy of the manifest with some indication that the waste has notbeen delivered0.00 0.25 0.25 0.00 0.50 $30.54 $0.62 2,362 1,181 $73,599TOTAL (LQGs, TSDFs, and SQGs) 0.00 varies varies varies varies varies varies varies 19,613 $1,091,660aExhibit contains rounding error.Exception report completion, submission, and recordkeeping: SQGsException report completion, submission, and recordkeeping: Commercial TSDFsException report completion, submission, and recordkeeping: LQGsHours per GeneratorException report completion, submission, and recordkeeping: Captive TSDFs46 (b3) Compliance with State Program Requirements

40 CFR 262.21(g)(2) provides that generators mu st determine whether they are required to comply with requirements specific to State hazar dous waste manifest pr ograms. As shown in Exhibit 5, EPA assumes that each generator must contact, on average, three State manifest programs each year. Because these activities ar e performed to learn about state-specific requirements and not the federal program, they are not burdened in this ICR.

(b4) Manifest Transmittal and Recordkeeping

As shown in Exhibit 6, EPA estimates that LQGs, TSDFs acting as generators, and SQGs will send 3% of their manifests with water shipments and 6% with rail shipments. In addition, EPA estimates that 11,524 SQGs ship their hazardous wa ste off-site under a reclamation agreement, pursuant to 40 CFR 262.20. These SQGs are exempt from the requirement for a manifest but must keep a copy of the contra ctual agreement under which their hazardous waste is shipped to the recycling facility.

(b5) Undeliverable Shipments

Based on consultations as shown in Exhibit 7, EPA estimates that roughly 0.10% of shipments cannot be delivered to the designated TSDF each y ear. Generators must provide instructions to the transporter on how to deal with these shipments, as required by 40 CFR 262.20(d) and 262.54(g)(3).

(b6) Rejected Waste and Container Residues

As shown in Exhibit 8, EPA estimates that, each y ear, a small percentage of shipments initiated by generators will be rejected by designated TSDFs and sent back to the generator. Upon receipt of the rejected shipments, genera tors must sign the manifest that accompanies the rejected load

or residue.

(b7) Exception Reports: Completion, Submission, and Recordkeeping

EPA estimates that, on average, LQGs, TSDFs acting as generators, and SQGs will need to develop an exception report under 40 CFR 262.42 fo r approximately 0.7% of the manifests sent off-site. This assumption is reflected in Exhibit 9.

(c) Transporter Requirements

(c1) Reading the Regulations

As shown in Exhibit 10, there are reportedly 471 hazardous waste transporter companies subject to the RCRA manifest system. EPA expects that each company will read the manifest regulations once a year.47EXHIBIT 10ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaREADING THE REGULATIONSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Transporters Total Hours Total CostTransporters0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 471 589 $28,670TOTAL0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 471 589 $28,670aExhibit contains rounding error.Hours per TransporterRead the regulationsEXHIBIT 11ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaCOMPLETING AND TRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostSign and date the manifest 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 1,289,585 12,896 $515,834Return a signed copy of the manifest to the generator 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 1,289,585 12,896 $515,834Ensure that the manifest (or other shipping paper) accompanies the waste to itsdestination0.00 0.00 0.13 0.00 0.13 $5.26 $0.00 1,289,585 167,646 $6,783,217Obtain the date of delivery and signature of that transporter or the owner/operatorof the facility or alternate facility designated on the manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 1,289,585 12,896 $515,834Retain a copy of the manifest 0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 1,289,585 219,229 $4,913,319Give remaining copies of the manifest to the accepting transporter or facility 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 1,289,585 12,896 $515,834aExhibit contains rounding error.Manifest requirements for highway transportersHours per TransporterManifest completion, transmittal and recordkeeping: TransportersEXHIBIT 11 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaCOMPLETING AND TRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostObtain the date of delivery and signature of the initial water transporter on themanifest0.00 0.00 0.00 0.01 0.01 $0.22 $0.00 42,514 425 $9,353Forward the manifest to the designated facility 0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 42,514 6,802 $174,307Ensure that the shipping paper (and Acknowledgment of Consent, for exports)accompanies the waste to its destination0.00 0.00 0.13 0.00 0.13 $5.26 $0.00 42,514 5,527 $223,624If the delivering (water) transporter, obtain the date of delivery and signature of theowner/operator of the designated facility on either the manifest or shipping paper0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 42,514 425 $17,006If the initial water transporter, sign and date the manifest and return it to thedelivering transporter so that the manifest can be forwarded to the designatedfacility owner/operator0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 42,514 425 $17,006Retain a copy of the manifest or shipping paper 0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 42,514 7,227 $161,978aExhibit contains rounding error.Manifest requirements for person delivering to initial water transportersHours per TransporterManifest completion, transmittal and recordkeeping: TransportersManifest requirements for water (bulk shipment) transporters48EXHIBIT 11 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaCOMPLETING AND TRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostWhen accepting waste from a non-rail transporter, sign and date the manifest andreturn or transmit a signed copy of the manifest to the non-rail transporter0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 85,028 850 $34,011Forward at least three copies of the manifest to either the next non-rail transporter,the designated facility, or the last rail transporter designated to handle the waste inthe U.S.0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 85,028 13,604 $348,615Ensure a shipping paper containing all the information required on the manifestexcluding the U.S. EPA ID number, generator certification, and signatures (and forexports an Acknowledgment of Consent) accompanies the waste0.00 0.00 0.13 0.00 0.13 $5.26 $0.00 85,028 11,054 $447,247When delivering hazardous waste to the designated facility or to the next non-railtransporter, obtain the signature and date of delivery of the facility or non-railtransporter on the manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 85,028 850 $34,011Retain a copy of the manifest and/or rail shipping paper 0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 85,028 14,455 $323,957Before accepting hazardous waste from a rail transporter, sign and date themanifest and provide a copy to the rail transporter0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 85,028 850 $34,011aExhibit contains rounding error.Hours per TransporterManifest completion, transmittal and recordkeeping: TransportersManifest requirements for rail transportersEXHIBIT 11 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaCOMPLETING AND TRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostFor imports and exports, sign and date the manifest in the International Shipmentsblock to indicate the date that the shipment left the U.S., as required by section263.20(g)(1)0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 35,168 352 $14,067For imports and exports, retain a copy of the manifest, as required by section263.20(g)(2)0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 35,168 5,979 $133,990For imports, give copy of import manifest to TSDF receiving facility 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 14,072 141 $5,629For exports, return a signed copy of the manifest to the generator, as required bysection 263.20(g)(3)0.00 0.00 0.00 0.01 0.01 $0.22 $0.00 21,096 211 $4,641For exports, give a copy of the manifest to a U.S. Customs official at the point ofdeparture from the U.S., as required by section 263.20(g)(4)0.00 0.00 0.01 0.00 0.01 $0.40 $0.10 21,096 211 $10,548For exports, ensure that copies of the manifest and EPA Acknowledgment ofConsent accompanies the waste, as required by section 263.20(a)0.00 0.00 0.13 0.00 0.13 $5.26 $0.00 21,096 2,742 $110,965Record the waste information on a log or shipping paper 0.00 0.25 0.75 0.00 1.00 $50.76 $0.00 11,524 11,524 $584,958Carry the record when transporting waste to the reclamation facility 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 11,524 115 $4,610Retain the records0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 11,524 1,959 $43,906aExhibit contains rounding error.Manifest completion, transmittal and recordkeeping: TransportersManifest requirements for transporters who transport waste pursuant to a reclamation agreementHours per TransporterManifest requirements for transporters who transport waste into and/or out of the U.S.49EXHIBIT 11 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaCOMPLETING AND TRANSMITTING THE MANIFESTLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostContact the generator for further directions and revise the manifest according tothe generator’s instructions0.00 0.00 0.08 0.00 0.08 $3.24 $2.00 1,406 112 $7,367For partially rejected loads made while the transporter is on site, obtain theamended manifest from the facility, keep a copy, and, if receiving the rejectedwaste, obtain the new manifest0.00 0.00 0.10 0.00 0.10 $4.04 $0.00 3,113 311 $12,577For fully rejected loads made or container residues identified while the transporteris on site, obtain the original manifest, as amended, from the facility0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 31,129 311 $12,452TOTALvaries varies varies varies varies varies varies varies 524,921 $16,530,708aExhibit contains rounding error.Hours per TransporterRejected waste and container residuesUndeliverable shipmentsEXHIBIT 12ESTIMATED ANNUAL HOUR AND COST BURDEN FOR TRANSPORTERSaNOTIFYING OF DISCHARGE OF HAZARDOUS WASTELegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Notifications Total Hours Total CostNotify local authorities0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 750 938 $45,653Notify NRC, or a predesignated OSC, of the discharge 0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 75 94 $4,565TOTAL0.00 varies 1.00 0.00 1.25 $60.87 $0.00 varies 1,032 $50,218aExhibit contains rounding error.Hours per TransporterNotification of discharge of hazardous waste: Water (bulk shipment) TransportersNotification of discharge of hazardous waste: Transporters50 (c2) Manifest Completion, Transmittal, and Recordkeeping

Exhibit 11 examines the manifesting hour and cost burden for transporters transporting domestic and international shipments of hazardous waste. EPA estimates that, of the manifests completed and transmitted each year for domestic and import shipments, approximately 91% will accompany highway shipments, 3% will accomp any water shipments, and 6% will accompany rail shipments. In addition, Exhibit 11 s hows the number of manifest accompanying export shipments, import shipments, undelivered shipme nts, and rejected shipments and container

residues.

(c3) Notification of Discharge of Hazardous Waste

Based on the Statistical Abstract of the United States , EPA estimates that approximately 15,000 accidents per year involve transporters of hazardo us substances. EPA has used its best judgment

to estimate that 5% of these accidents involve transporters of hazardous waste annually (i.e.,

hazardous waste is a subset of hazardous substanc es). These transporte rs will be required to notify local authorities of the discharge as required under 40 CFR 263.30. This is reflected in

Exhibit 12.

In addition, based on data from the National Re sponse Center (NRC), EPA estimates that the NRC receives approximately 4,500 notif ications of marine source inci dents for discharges of oil or hazardous substances annually. NRC data also indicate that about 66% of these incidents involved oil discharges and 33% i nvolved hazardous substances disc harges. Of the discharges of hazardous substances, EPA estimates that 5% in volve water transporters transporting hazardous waste. These transporters must notify NRC or EPA under 33 CFR Part 153. The purpose of 33 CFR Part 153 is to prescribe regulations concer ning notification to the US Coast Guard of the discharge of oil or hazardous substances as requ ired by the Federal Water Pollution Control Act, as amended; the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances.

(d) Designated Treatment, Storage, an d Disposal Facility Requirements

(d1) Reading the Regulations

Based on EPA’s 2009 RCRA Hazardous Waste Biennial Report (BR) data, EPA estimates that 394 designated TSDFs receive off-site shipments of hazardous waste each year. As shown in Exhibit 13, EPA expects that each facility will read the mani fest regulations once a year.

(d2) Completing the Manifest (assisting the generators)

Exhibit 14 presents EPA’s estimates that approxi mately 42% and 80% of manifests from LQGs and SQGs, respectively, are completed jointly wi th the designated TSDF. In addition, EPA

estimates that 5% of these manife sts include conti nuation sheets.51EXHIBIT 13ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aREADING THE REGULATIONSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent TSDFs Total Hours Total CostTSDFs0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 394 493 $23,983TOTAL0.00 0.25 1.00 0.00 1.25 $60.87 $0.00 394 493 $23,983aExhibit contains roundingerror.Read the regulationsHours per TSDFEXHIBIT 14ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aCOMPLETING THE MANIFEST (ASSISTING THE GENERATORS)Legal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostComplete the manifest 0.00 0.00 0.43 0.10 0.53 $19.63 $0.42 725,750 384,648 $14,551,288Complete continuation sheets 0.00 0.00 0.18 0.04 0.22 $8.18 $0.42 36,288 7,983 $312,077TOTAL0.00 0.00 varies varies varies varies $0.00 725,750 392,631 $14,863,365aExhibit contains rounding error.Hours per TSDFManifest completion: Designated TSDFsEXHIBIT 15ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aTRANSMITTING THE MANIFEST AND REPORTING TO EPANumber ofLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Manifests/@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Respondents Total Hours Total CostEnter the name of the person accepting the waste and sign and date each copy ofthe manifest (or shipping paper, if applicable)0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 1,323,603 13,236 $529,441Complete the management method code 0.00 0.00 0.02 0.00 0.02 $0.81 $0.00 1,323,603 26,472 $1,072,118Note any discrepancies on each copy of the manifest (or shipping paper, ifapplicable)0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 330,901 26,472 $1,072,119Immediately give the transporter at least one copy of the manifest (or shippingpaper)0.00 0.00 0.17 0.00 0.17 $6.87 $0.00 1,323,603 225,013 $9,093,153Within 30 days of delivery, send a copy of the manifest (or shipping paper) to thegenerator (or to EPA-OECA for import manifests)0.00 0.00 0.00 0.15 0.15 $3.36 $0.52 1,323,603 198,540 $5,135,580Retain a copy of the manifest (or shipping paper) for at least three years from thedelivery date (includes import manifests)0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 1,323,603 225,013 $5,042,927Contact the consignment/generator State if needed and submit any copies of themanifest to these States, as applicable0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 703 0 $0Contact the consignment/generator State if needed and submit any copies of themanifest to these States, as applicable0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 2,108 0 $0Attempt to reconcile any discrepancies 0.00 0.00 0.08 0.00 0.08 $3.24 $2.00 330,901 26,472 $1,733,921Prepare and submit a letter to EPA describing the discrepancy and attempts toreconcile it, along with a copy of the manifest or shipping paper at issue0.00 0.10 0.17 0.10 0.37 $17.29 $0.62 5,294 1,959 $94,815TOTAL0.00 varies varies varies varies varies varies varies 746,549 $23,849,988aExhibit contains rounding error.Manifest completion, transmittal and recordkeeping: Designated TSDFsHours per TSDFCommercial TSDFsCompliance with State program requirements: TSDFs who are also generatorsCaptive TSDFsDiscrepancy report completion and submission: Designated TSDFs52EXHIBIT 16ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aREJECTED WASTE AND CONTAINER RESIDUESNumber ofLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Manifests/@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Respondents Total Hours Total CostEnter the name of the person accepting the waste and sign and date each copy ofthe manifest (or shipping paper, if applicable)0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 31,129 311 $12,452Complete the management method code 0.00 0.00 0.02 0.00 0.02 $0.81 $0.00 31,129 623 $25,214Immediately give the transporter at least one copy of the manifest (or shippingpaper)0.00 0.00 0.17 0.00 0.17 $6.87 $0.00 31,129 5,292 $213,856Within 30 days of delivery, send a copy of the manifest (or shipping paper) to thegenerator or EPA OECA (for imports)0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 31,129 4,981 $127,629Contact the generator to obtain the generator’s instructions for forwarding thewaste to another facility that can manage the waste0.00 0.00 0.08 0.00 0.08 $3.24 $2.00 31,129 2,490 $163,116Prepare a new manifest for rejected loads or container residues sent to thealternate designated facility or back to the generator0.00 0.00 0.43 0.10 0.53 $19.63 $0.00 31,129 16,498 $611,062Amend the facility’s copy of the manifest to indicate the rejected wastes orresidues in the discrepancy space of the amended manifest0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 31,129 311 $12,452Copy the manifest tracking number from Item 4 of the new manifest to theDiscrepancy space of the amended manifest0.00 0.00 0.02 0.00 0.02 $0.81 $0.00 31,129 623 $25,214Re-sign and date the manifest 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 31,129 311 $12,452Retain the amended manifest for at least three years from the date of theamendment0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 31,129 5,292 $118,601Within 30 days, send a copy of the amended manifest to the delivering transporterand to the generator0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 31,129 4,981 $127,629aExhibit contains rounding error.Rejected waste and container residuesHours per TSDFRejection of Waste after the Transporter Leaves the FacilityEXHIBIT 16 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aREJECTED WASTE AND CONTAINER RESIDUESLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostEnter the name of the person accepting the waste and sign and date each copy ofthe manifest (or shipping paper, if applicable)0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 31,129 311 $12,452Contact the generator to obtain the generator’s instructions for forwarding thewaste to another facility that can manage the waste0.00 0.00 0.08 0.00 0.08 $3.24 $2.00 31,129 2,490 $163,116Complete Item 18a and 18b of the original manifest, as applicable 0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 31,129 2,490 $100,858Retain a copy of the manifest (or shipping paper) for at least three years from thedate of delivery0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 31,129 5,292 $118,601Give the remaining copies back to the transporter 0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 31,129 311 $12,452aExhibit contains rounding error.Hours per TSDFRejected waste and container residuesRejection of Waste while the Transporter Remains Present at the Facility53EXHIBIT 16 (CONTINUED)ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aREJECTED WASTE AND CONTAINER RESIDUESLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Manifests Total Hours Total CostEnter the name of the person accepting the waste and sign and date each copy ofthe manifest (or shipping paper, if applicable)0.00 0.00 0.01 0.00 0.01 $0.40 $0.00 61,636 616 $24,654Complete the management method code 0.00 0.00 0.02 0.00 0.02 $0.81 $0.00 61,636 1,233 $49,925Note any discrepancies on each copy of the manifest (or shipping paper, ifapplicable)0.00 0.00 0.08 0.00 0.08 $3.24 $0.00 15,409 1,233 $49,925Immediately give the transporter at least one copy of the manifest (or shippingpaper)0.00 0.00 0.17 0.00 0.17 $6.87 $0.00 61,636 10,478 $423,439Within 30 days of delivery, send a copy of the manifest (or shipping paper) to thegenerator0.00 0.00 0.00 0.16 0.16 $3.58 $0.52 61,636 9,862 $252,708Retain a copy of the manifest (or shipping paper) for at least three years from thedate of delivery0.00 0.00 0.00 0.17 0.17 $3.81 $0.00 61,636 10,478 $234,833TOTAL0.00 0.00 varies varies varies varies varies varies 86,507 $2,892,640aExhibit contains rounding error.Manifest completion, transmittal and recordkeeping by Alternate TSDFsHours per TSDFEXHIBIT 17ESTIMATED ANNUAL HOUR AND COST BURDEN FOR DESIGNATED TREATMENT, STORAGE, AND DISPOSAL FACILITIES (TSDFs)aUNMANIFESTED WASTE REPORTSLegal Managerial Technical Clerical Hours/ Labor Cost/ O&M Costs/ Number of@ $96.98/hr @ $81.73/hr @ $40.44/hr @ $22.40/hr Respondent Respondent Respondent Shipments Total Hours Total CostPrepare and submit toEPA a letter of the unmanifested waste within 15 days afterreceiving waste0.00 0.50 1.00 0.50 2.00 $92.50 $0.62 137 274 $12,758TOTAL0.00 0.50 1.00 0.50 2.00 $92.50 $0.62 137 274 $12,758aExhibit contains rounding error.Hours per TSDFUnmanifested waste report: completion and submission54 (d3) Transmitting the Manifest and Reporting to EPA

Exhibit 15 presents the burden to designated TSDFs for receiving and completing manifests that are not rejected and that do not re sult in a container residue.

(d4) Compliance with State Program Requirements

40 CFR 264.71(e) and 265.71(e) provides that TSDF s must determine whether they are required to comply with requirements specific to State hazardous waste manifest programs. EPA assumes that each TSDF must contact, on average, thr ee State manifest programs each year. Because these activities are performed to learn about st ate-specific requirements and not the federal program, they are not burdened in this ICR. This is reflected in Exhibit 15.

(d5) Discrepancy Reports

As reflected in Exhibit 15, EPA estimates that approximately 25% of manifests accepted by the designated TSDF require reconcil ing discrepancies between the ma nifest data and the shipment (e.g. by phoning the generator). EPA further estima tes that about 0.4% of manifests accepted by the designated TSDF will require a disc repancy report under 40 CFR 264.72 or 265.72.

(d6) Rejected Waste and Container Residues

Exhibit 16 shows the number of reje cted loads and container residue s each year. It shows that a small percentage of loads and residues will be rej ected or identified after the transporter has left the designated TSDF’s premises, whereas others will be rejected or identified while the transporter is still on the desi gnated TSDF’s premises. Finall y, it shows that the designated TSDF will forward some of these shipments to an alternate TSDF. [See Exhibit 8 for shipments returned to the generator.]

(d7) Unmanifested Waste Reports: Completion and Submission

As reflected in Exhibit 17, EPA estimates that the manifest will get lost or destroyed during transportation for 0.01% of shipments. The de signated TSDF will be required to notify the Agency of these un-manifested waste shipments, as required under 40 CFR 264.76 or 265.76.

6E. Bottom Line Burden Hours & Cost

Respondent Tally

The total number of responde nts estimated for this collection is 83,500. This number was gathered by adding up the Total Generators in Table 1, 82,958, with the Total Transporters, 471. The total respondent tally is 82,958+471= 83,429. This 83,429 number was rounded up to 83,500.

Exhibit 18 shows the aggregate annual hour and co st burden to respondents. As shown in the exhibit, EPA estimates the annual respondent burden to be 2,555,959 hours and $85,553,718.55 The bottom line burden to respondents over th ree years is estimated to be 7,667,877 hours and $256,661,154.56EXHIBIT 18TOTAL ANNUAL RESPONDENT HOUR AND COST BURDEN BY TYPE OF RESPONDENT AND MANIFESTING ACTIVITYaTotal Hourly Total Annual Total Annual Total Annual Total AnnualBurden Capital Costs O&M Costs Labor Costs CostsReading the regulations1 $0 $0 $61 $61Applying to the registry2 $0 $1,302 $128 $1,430Updating general information in the approved application 1 $0 $2 $67 $69Requesting approval for a new tracking number suffix 0 $0 $0 $0 $0Requesting approval for changes to printing specifications or use of a new printer 0 $0 $1,292 $34 $1,326Typesetting the manifest form subsequent to its approval 0 $0 $0 $0 $0Requesting an exemption0 $0 $0 $0 $0Notifying EPA of a printing specification violation 0 $0 $2 $10 $12Revising the approved manifest if requested by EPA 0 $0 $0 $0 $0Responding to suspension and revocation procedures 0 $0 $0 $0 $0Subtotal (Registrant Organizations)4 $0 $2,598 $300 $2,898Reading the regulations 89,292 $0 $0 $4,348,188 $4,348,188Manifest completion (without assistance of designated TSDF) 349,680 $0 $300,473 $12,924,267 $13,224,740Manifest completion (with assistance of designated TSDF) 21,772 $0 $0 $747,522 $747,522Compliance with State program requirements 0 $0 $0 $0 $0Manifest transmittal and recordkeeping 322,179 $0 $67,961 $7,463,938 $7,531,899Undeliverable shipments 112 $0 $0 $4,555 $4,555Rejected waste and container residues 311 $0 $323 $8,981 $9,304Exception report completion, submission, and recordkeeping 19,613 $0 $12,524 $1,079,136 $1,091,660Subtotal (Generators)802,959 $0 $381,281 $26,576,587 $26,957,868Reading the regulations 589 $0 $0 $28,670 $28,670Manifest completion, transmittal, and recordkeeping (domestic + imports +exports)524,187 $0 $68,432 $16,429,880 $16,498,312Undeliverable shipments 112 $0 $2,812 $4,555 $7,367Rejected waste and container residues 622 $0 $0 $25,029 $25,029Notification of discharge of hazardous waste 1,032 $0 $0 $50,218 $50,218Subtotal (Transporters)526,542 $0 $71,244 $16,538,352 $16,609,596Reading the regulations 493 $0 $0 $23,983 $23,983Manifest completion (assisting the generators) 392,631 $0 $320,056 $14,543,309 $14,863,365Manifest transmittal and recordkeeping (domestic + imports) 718,118 $0 $688,666 $21,332,586 $22,021,252Compliance with State program requirements 0 $0 $0 $0 $0Discrepancy report completion and submission 28,431 $0 $665,084 $1,163,652 $1,828,736Rejected waste and container residues 86,507 $0 $188,941 $2,703,699 $2,892,640Unmanifested waste report completion and submission 274 $0 $85 $12,673 $12,758Subtotal (Designated TSDFs)1,226,454 $0 $1,862,832 $39,779,902 $41,642,734Manifest storage (file cabinets) -- $340,622 -- -- $340,622Subtotal (Capital Costs)-- $340,622 -- -- $340,622TOTAL: ALL RESPONDENTS 2,555,959 $340,622 $2,317,955$82,895,141 $85,553,718aExhibit contains roundingerror.Generators (LQGs, SQGs, TSDFs acting as generators)Annualized Capital CostsTransportersDesignated TSDFsRegistrant Organizations57EXHIBIT 19TOTAL ANNUAL AGENCY HOUR AND COST BURDENaLegal Managerial Technical Clerical Contractor Hours/ Labor Cost/ Capital Costs/ O&M Costs/ Number of@ $88.30/hr @ $77.92/hr @ $56.05/hr @ $23.92/hr @ $175.00/hr Respondent Response Response Response Activities Total Hours Total CostReview initial application 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30Notify registrant of EPA's decision regarding its application 0.00 0.00 0.00 0.10 0.00 0.10 $2.39 $0.00 $0.52 1 0 $3Review revised application 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30If application is approved, provide electronic file of the manifest, continuationsheet, and manifest instructions to approved registrant and request manifest formsamples0.00 0.00 0.00 0.10 0.00 0.10 $2.39 $0.00 $5.26 1 0 $7Evaluate manifest form samples 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30Notify registrant of EPA's decision regarding its manifest form samples 0.00 0.00 0.00 0.10 0.00 0.10 $2.39 $0.00 $0.52 1 0 $3Evaluate revised manifest form samples 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30Review revised application 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 3 2 $91Review documentation submitted by registrant 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30Provide new tracking number suffix to registrant 0.00 0.10 0.25 0.10 0.00 0.45 $24.20 $0.00 $0.52 0 0 $0Evaluate manifest form samples 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30Evaluate revised manifest form samples 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 1 1 $30Evaluate manifest form samples 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 0 0 $0Review documentation submitted by registrant 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 0 0 $0Receive notification that a serious violation of a printing specification 0.00 0.20 0.80 0.00 0.00 1.00 $60.42 $0.00 $0.00 1 1 $60Evaluate revised manifest form samples 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 0 0 $0Review documentation submitted by registrant 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 0 0 $0Updating General Information in the Approved ApplicationRevising the Approved Manifest if Requested by EPAApplying to the registryRequesting Approval for a New Tracking Number SuffixRegistrant OrganizationsTypesetting the Manifest Form Subsequent to its ApprovalRequesting an ExemptionRequesting Approval for Changes to Printing Specifications or Use of a New PrinterNotifying EPA of a Printing Specification ViolationHours per Agency RespondentResponding to Suspension and Revocation Procedures58EXHIBIT 19 (CONTINUED)TOTAL ANNUAL AGENCY HOUR AND COST BURDENaLegal Managerial Technical Clerical Contractor Hours/ Labor Cost/ Capital Costs/ O&M Costs/ Number of@ $88.30/hr @ $77.92/hr @ $56.05/hr @ $23.92/hr @ $175.00/hr Response Response Response Respondent Activities Total Hours Total CostReview exception reports: LQGs 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 14,813 7,407 $447,501Review exception reports: Commercial TSDFs 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 417 209 $12,598Review exception reports: Captive TSDFs 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 130 65 $3,927Review exception reports: SQGs 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 2,362 1,181 $71,356Receive notifications of discharge 0.00 0.20 0.80 0.00 0.00 1.00 $60.42 $0.00 $0.00 75 75 $4,532Receive import manifests 0.00 0.00 0.10 0.00 0.00 0.10 $5.60 $0.00 $0.00 14,072 1,407 $78,803Review designated TSDF discrepancy reports 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 5,294 2,647 $159,932Review designated TSDF unmanifested waste reports 0.00 0.10 0.40 0.00 0.00 0.50 $30.21 $0.00 $0.00 137 69 $4,139TOTAL: AGENCY0.00 varies varies varies varies varies varies varies varies varies 13,070 $783,162aExhibit contains rounding error.Discrepancy reportTransportersUnmanifested waste reportGeneratorsImport ManifestsDesignated TSDFsNotification of dischargeException reportHours per Agency Respondent59 Agency Tally

Exhibit 19 shows the annual Agency hour and cost burden associated with all the requirements

covered in this ICR. As shown in this exhib it, EPA estimates the annual Agency burden to be 13,070 hours and $783,162. The bottom line burden to th e Agency over three years is estimated to be 39,210 hours and $2,349,486.

6F. Reasons for Change in Burden

The currently approved Manifest ICR, Number 801.19, estimates an annual respondent burden of 3,473,577 hours. This ICR, Number 801.20, estima tes an annual respondent burden of 2,555,959 hours, which is a 917,618-hour decrease fr om the currently approved ICR. This decrease resulted primarily from a decrease in the annual number of generators preparing manifests. ICR 801.19 estimates 161,720 generato rs preparing manifests, whereas ICR 801.20 estimates 71,434 generators preparing manifests. Table 3 presents a side-by-side comparison of

these estimates.

Table 3. Annual Number of Generato rs Preparing Manifests in ICR

Generators ICR 801.19 ICR 801.20 LQGs 14,381 18,001

Commercial TSDFs a 367 234 Captive TSDFs a 1,101 703
SQGs 145,871 52,496 b

Total 161,720 71,434

a In general, TSDFs qualify as either LQGs or SQGs. However, EPA has found that TSDFs acting as generators often face burdens that are different from generators that are not TSDFs. Therefore, EPA has broken them out separately for purposes of examining burden in this analysis.

b This estimate is pre liminary, as EPA is still refini ng its methodology and estimate.

The number of generators preparing manifests is a key estimate because it affects the estimated number of manifests transmitted, completed, and re tained by all waste handlers (i.e., generators, transporters, and designated TSDFs) in the manifest cycle. 29 This in turn impacts these handlers’

estimated manifest burden. ICR 801.19 estimates that 1.88 million manifests are prepared, transmitted and retained by waste handlers a nnually, whereas ICR 801.20 estimates 1.41 million manifests annually.

In preparing ICR 801.20, EPA updated and improve d its respondent estimation methodologies, which contributed to the change in the numbe r of generators. In general, EPA’s updated methodologies utilized a wider ra nge of data sources (e.g., Bie nnial Report, 3010 notifications, Part A submittals) to identify facilities potentially subject to RCRA. EPA then verified that these facilities are currently operating and shipping wa ste by cross-checking multiple data sets using their respective EPA identification numbers. This ve rification step helped to screen out facilities

29 The estimated number of manifests per generator in ICR 801.19 has been left unchanged in ICR 801.20. Hence, the number of generators is the key variable causing the difference in the number of manifests (and burden) between

the two ICRs.60 that have gone out of business or stopped sh ipping hazardous waste and to make other needed

refinements to the estimates. 30 This verification step was not used in the previous methodology. Finally, EPA utilized more reliable methods fo r determining generator classifications (e.g., LQGs vs. SQGs).

6G. Burden Statement

The annual public reporting and recordkeeping bur den for this collection of information is estimated to average 1 hour and 45 minutes per re sponse. Burden means the total time, effort, and financial resources expended by persons to ge nerate, maintain, retain , disclose, or provide information to or for a Federal agency. This in cludes the time needed to review instructions; develop, acquire, install, and utilize technology and systems fo r the purposes of collecting, validating, and verifying information, processi ng and maintaining information, and disclosing and providing information; adjust the existing wa ys 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 a nd 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 nu mbers 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 mini mizing respondent burden, including the use of automated collection techniques, EPA has establis hed a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2014-0925, which is available for online viewing at www.regulations.gov, or in person viewing at th e RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Consti tution Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The te lephone number for the Readi ng Room is (202) 566-1744, 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 conten ts of the public docke t, and to access those documents in the public docket that are availabl e 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 Affair s, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503 , Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-RCRA-2014-0925 and OMB Control Number 2050-0039 in any correspondence.

30 This verification step was particularly helpful for scre ening out SQGs that are no longer operating or generating

hazardous waste. Historica lly, EPA has had difficulty dete rmining the universe of operat ing SQGs because many of them seldom report to EPA or the State. Although they normally notify the State when they originally begin to generate hazardous waste, they often do not re-notify when they go out of business, stop generating hazardous waste or change generator classification. Hence, EPA’s data systems contain a number of sites whose operating status and generator classification are out of date. The verification step helped to address this limitation and resulted in a significant decrease in the estimated number of SQGs curren tly subject to the manifest system. Note that the SQG estimate is still preliminary, as EPA is still refining its methodology and estimate.