SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1922.02
"
STORAGE,
TREATMENT,
TRANSPORTATION,
AND
DISPOSAL
OF
MIXED
WASTE"
(
FINAL
RULE)

April
2001
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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1
1(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
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1
1(
b)
SHORT
CHARACTERIZATION/
ABSTRACT
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1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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5
2(
a)
NEED/
AUTHORITY
FOR
THE
COLLECTION
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5
2(
b)
PRACTICAL
UTILITY/
USERS
OF
THE
DATA
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6
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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8
3(
a)
NONDUPLICATION
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8
3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
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8
3(
c)
CONSULTATIONS
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8
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
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8
3(
e)
GENERAL
GUIDELINES
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8
3(
f)
CONFIDENTIALITY
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9
3(
g)
SENSITIVE
QUESTIONS
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9
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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9
4(
a)
RESPONDENTS
AND
SIC
CODES
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9
4(
b)
INFORMATION
REQUESTED
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9
5.
THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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14
5(
a)
AGENCY
ACTIVITIES
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14
5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
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15
5(
c)
SMALL
ENTITY
FLEXIBILITY
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15
5(
d)
COLLECTION
SCHEDULE
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15
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
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16
6(
a)
ESTIMATING
RESPONDENT
BURDEN
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16
6(
b)
ESTIMATING
RESPONDENT
COSTS
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16
6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
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16
6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS
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17
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COST
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21
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
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21
6(
g)
BURDEN
STATEMENT
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22
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
This
information
collection
request
is
entitled
"
Storage,
Treatment,
Transportation,
and
Disposal
of
Mixed
Waste,"
ICR
Number
1922.02.

1(
b)
SHORT
CHARACTERIZATION/
ABSTRACT
In
the
1976
Resource
Conservation
and
Recovery
Act
(
RCRA),
as
amended,
Congress
directs
the
U.
S.
Environmental
Protection
Agency
(
EPA)
to
develop
and
administer
a
comprehensive
program
for
the
safe
management
and
disposal
of
hazardous
waste.
Among
other
things,
section
3001
of
RCRA
directs
EPA
to
develop
and
promulgate
criteria
for
identifying
the
characteristics
of
hazardous
waste
and
for
listing
hazardous
waste.
In
1980,
EPA
promulgated
regulations
in
40
CFR
Part
261
that
identify
the
characteristics
of
hazardous
wastes
(
ignitable,
corrosive,
reactive,
toxic)
and
that
list
hazardous
wastes.
EPA
has
since
amended
these
regulations
on
many
occasions.
Hazardous
wastes
identified
as
characteristic
or
listed
in
Part
261
must
be
managed
and
disposed
of
in
accordance
with
the
standards
promulgated
at
40
CFR
Parts
261
through
279,
as
applicable.

EPA
is
now
amending
the
RCRA
regulations
to
provide
increased
flexibility
to
facilities
in
managing
low­
level
mixed
waste
(
LLMW)
and
naturally
occurring
and/
or
accelerator­
produced
radioactive
material
(
NARM)
containing
hazardous
waste.
The
final
rule
also
aims
to
reduce
dual
regulation
of
LLMW,
which
is
subject
to
RCRA
and
the
Atomic
Energy
Act
(
AEA),
as
amended.
EPA
believes
the
changes
will
lower
costs
and
reduce
paperwork
burden,
while
maintaining
or
improving
protection
of
human
health
(
including
worker
exposure
to
radiation)
and
the
environment.

The
storage
and
treatment
conditional
exemption
in
the
rule
conditionally
exempts
LLMW
from
the
regulatory
definition
of
hazardous
waste
in
section
261.3,
so
long
as
specified
eligibility
criteria
and
conditions
are
met.
The
storage
and
treatment
exemption
requires
the
use
of
tanks
or
containers
to
store
or
treat
the
waste
and
applies
only
to
LLMW
that
meets
the
specified
conditions
and
is
generated
under
a
single
Nuclear
Regulatory
Commission
(
NRC)
or
an
NRC
Agreement
State
license.
The
rule
also
exempts
LLMW
and
hazardous
NARM
waste
from
RCRA
manifest,
transportation,
and
disposal
requirements
when
certain
conditions
are
met.
Under
this
transportation
and
disposal
conditional
exemption,
generators
must
still
comply
with
manifest,
transport,
and
disposal
requirements
under
the
NRC
(
or
NRC­
Agreement
State)
regulations
for
low­
level
radioactive
waste
(
LLW)
or
eligible
NARM.

Sections
1
through
5
of
this
ICR
describe
the
information
collection
requirements
of
the
final
rule.
In
Section
6,
EPA
estimates
the
burdens
and
costs
from
these
information
collection
requirements.
Section
6
also
estimates
the
total
annual
burden
and
cost
savings
for
generators
and
other
facilities
that
no
longer
need
to
comply
with
the
existing
RCRA
paperwork
requirements
for
exempt
mixed
waste.

STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
EPA
is
promulgating
a
conditional
exemption
from
RCRA
Subtitle
C
regulations
during
storage
and
treatment
if
the
waste
meets
the
eligibility
criteria
in
40
CFR
266.225
and
if
the
generator
meets
the
specified
conditions.
This
regulatory
flexibility
for
storage
and
treatment
applies
to
any
generator
of
LLMW
who
is
licensed
by
NRC
or
an
NRC
Agreement
State
to
manage
radioactive
materials.
The
conditional
exemption
is
available
only
to
LLMW
generated
under
a
single
NRC
or
NRC
Agreement
State
license.
LLMW
generators
must
notify
EPA
of
the
LLMW
storage
units
for
which
they
are
claiming
an
exemption,
and
must
meet
the
conditions
listed
in
section
266.230.
The
exemption
will
be
valid
as
long
as
the
mixed
waste
meets
the
conditions,
remains
in
a
conditionally
exempt
storage
unit,
and
is
subject
to
NRC
regulation.
2
Storage
and
Treatment
Conditional
Exemption
and
Eligibility
Facilities
seeking
the
mixed
waste
storage
and
treatment
exemption
must
provide,
or
conduct
and
maintain
the
following,
as
required
by
§
266.230:

°
A
written
notification
submitted
by
certified
delivery
stating
that
the
facility
intends
to
claim
the
conditional
exemption
for
LLMW
stored
at
the
facility.
The
dated
notification
must
include
the
facility
name,
address,
RCRA
identification
number,
NRC
or
NRC
Agreement
State
license,
the
waste
code(
s)
and
storage
unit(
s)
for
which
the
facility
is
seeking
an
exemption,
and
a
statement
that
the
facility
meets
the
conditions
of
this
part.
The
notification
must
be
signed
by
the
facility's
authorized
representative
certifying
that
the
information
in
the
claim
is
true,
accurate,
and
complete.
The
notification
must
be
submitted
within
90
days
of
the
effective
date
of
this
rule
in
each
State,
or
within
90
days
of
when
a
storage
unit
is
first
used
to
store
conditionally
exempt
LLMW,
as
required
by
§
266.230(
a);

°
A
certification
that
facility
personnel
who
manage
stored
conditionally
exempt
LLMW
are
trained
in
a
manner
that
ensures
that
the
conditionally
exempt
waste
is
safely
managed
and
includes
training
in
chemical
waste
management
and
hazardous
materials
incidents
response
that
meets
the
personnel
training
standards
found
in
40
CFR
265.16(
a)(
3),
as
required
by
§
266.230(
b)(
3);

°
An
inventory
of
stored
conditionally
exempt
LLMW
(
conducted
at
least
annually),
as
required
by
§
266.230(
b)(
4);

°
Inspections
of
stored
conditionally
exempt
LLMW
for
compliance
with
the
conditions
listed
in
Part
266
Subpart
N
(
conducted
at
least
quarterly),
as
required
by
§
266.230(
b)(
4);
and
°
An
accurate
emergency
plan
describing
emergency
response
arrangements
with
local
authorities
and
evacuation
plans;
listing
the
names,
addresses,
and
telephone
numbers
of
all
facility
personnel
qualified
to
work
with
local
authorities
as
emergency
coordinators;
and
listing
emergency
equipment,
as
required
by
§
266.230(
b)(
5).

Loss
of
Conditional
Exemption
Facilities
that
lose
the
exemption
for
their
conditionally
exempt
LLMW
because
they
no
longer
meet
the
requirements
in
§
266.230
must
provide
the
following,
as
required
by
§
266.240:

°
A
written
notification
submitted
by
certified
delivery
within
30
days
of
becoming
aware
of
the
failure
informing
EPA
or
the
Authorized
State
and
the
NRC
or
oversight
agency
in
the
NRC
Agreement
State
of
the
condition(
s)
the
facility
failed
to
meet,
a
description
of
the
LLMW
(
including
the
waste
name,
hazardous
waste
codes,
and
the
quantity),
the
storage
location
at
the
facility,
and
the
date(
s)
on
which
the
facility
failed
to
meet
the
conditions,
as
required
by
§
266.240(
a)(
1);
and
°
If
the
failure
may
endanger
human
health
or
the
environment,
an
oral
notification
to
EPA
or
the
Authorized
State,
within
24
hours
of
learning
of
the
failure,
followed
by
a
written
notification
within
five
days,
as
required
by
§
266.240(
a)(
2).

In
order
to
reclaim
an
exemption
for
LLMW,
a
facility
must
provide
a
notice
signed
by
the
facility's
authorized
representative
and
submitted
by
certified
delivery
to
EPA
or
the
Authorized
State
as
required
by
§
266.245(
a)(
2).
This
notice
must
include
the
following:

°
An
explanation
of
the
circumstances
of
the
failure(
s);
3
°
Certification
that
all
failures
that
caused
the
facility
to
lose
the
exemption
for
its
LLMW
have
been
corrected
and
that
the
facility
again
meets
all
of
the
conditions
in
§
266.230
as
of
the
date
specified;

°
A
description
of
the
plan
implemented,
listing
specific
steps
taken,
to
ensure
the
conditions
will
be
met
in
the
future;
and
°
Any
additional
information
the
facility
would
like
to
submit.

Record
Keeping
In
addition
to
those
records
required
by
the
NRC
or
NRC
Agreement
State
license,
all
facilities
subject
to
the
mixed
waste
exemption
requirements
must
develop
and
maintain
the
following
as
required
by
§
266.250:

°
Initial
notification
records,
return
receipts,
reports
to
EPA
or
the
Authorized
State
of
failure(
s)
to
meet
the
exemption
conditions,
and
all
records
supporting
any
reclaim
of
an
exemption;

°
Records
of
LLMW
annual
inventories,
and
quarterly
inspections;

°
Certification
that
facility
personnel
who
manage
stored
mixed
waste
are
trained
in
safe
management
of
LLMW
including
training
in
chemical
waste
management
and
hazardous
materials
incidents
response;
and
°
Emergency
plan
as
specified
in
§
266.230(
b).

TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
EPA
is
also
promulgating
a
conditional
exemption
from
the
definition
of
hazardous
waste
for
eligible
LLMW
and
NARM
waste,
so
long
as
the
generator
or
treater
satisfies
all
specified
conditions.
Under
the
exemption,
generators
and
treaters
would
be
able
to
send
their
treated
waste
to
a
commercial
low­
level
radioactive
waste
disposal
facility
(
LLRWDF)
licensed
by
NRC
or
NRC
Agreement
State.
The
eligible
LLMW
or
NARM
waste
would
be
exempted
from
RCRA
Subtitle
C
once
it
is
placed
on
the
transportation
vehicle
bound
for
disposal
at
the
LLRWDF.
The
waste
could
then
be
transported
to
the
LLRWDF
as
strictly
radioactive
waste
using
an
NRC
Uniform
LLW
Manifest.
Generators
and
treaters
under
the
exemption
must
undertake
the
following
information
collection
requirements,
as
appropriate.

Notification
Facilities
claiming
a
transportation
and
disposal
conditional
exemption
must
provide
the
following,
as
required
by
§
266.345(
a)
and
(
b):

°
A
written
notification
submitted
to
EPA
or
the
Authorized
State
by
certified
delivery
prior
to
the
first
shipment
of
waste
to
the
LLRWDF
that
states
that
the
facility
is
claiming
the
transportation
and
disposal
conditional
exemption.
The
notification
must
include
the
date
and
the
facility
name,
address,
phone
number,
and
RCRA
ID
number,
as
required
by
§
266.345(
a).

°
A
notification
sent
by
certified
delivery
to
the
LLRWDF
prior
to
each
shipment
of
exempted
waste,
as
required
by
§
266.345(
b).
The
notification
must
include
the
following
information:

S
A
statement
that
the
shipping
facility
claimed
the
exemption
for
the
waste;
4
S
A
statement
that
the
eligible
waste
meets
applicable
LDR
treatment
standards;

S
The
facility's
name,
address,
and
RCRA
ID
number;

S
The
RCRA
hazardous
waste
codes
prior
to
the
exemptions
of
the
waste
streams;

S
A
statement
that
the
exempted
waste
must
be
placed
in
a
container
according
to
§
266.340
prior
to
disposal
in
order
for
the
waste
to
remain
exempt
under
the
transportation
and
disposal
conditional
exemption
of
40
CFR
Part
266
Subpart
N;

S
The
manifest
number
of
the
shipment
that
will
contain
the
exempted
waste;
and
S
A
certification
that
all
the
information
provided
is
true,
accurate,
and
complete.
The
statement
must
be
signed
by
the
facility's
authorized
representative.

Record
Keeping
In
addition
to
those
records
required
by
the
NRC
or
NRC
Agreement
State
license,
facilities
must
develop
and
maintain
the
following
items,
as
required
in
§
266.350:

°
All
applicable
existing
records
required
under
§
§
264.73,
265.73,
and
268.7
to
demonstrate
that
the
facility's
waste
has
met
LDR
treatment
standards
prior
to
claiming
the
exemption.
[
These
are
existing
recordkeeping
requirements
and
are
not
burdened
in
this
ICR.]

°
A
copy
of
all
notifications
and
return
receipts
sent
under
§
§
266.355
and
266.360
for
three
years
after
the
exempted
waste
is
sent
for
disposal;

°
A
copy
of
all
notifications
and
return
receipts
required
by
§
266.345(
a)
for
three
years
after
the
last
exempted
waste
is
sent
for
disposal;

°
A
copy
of
the
notification
and
return
receipt
required
by
§
266.345(
b)
for
three
years
after
the
exempted
waste
is
sent
for
disposal;
and
°
If
the
facility
or
its
waste
is
not
already
subject
to
NRC
or
NRC
Agreement
State
equivalent
manifest
and
transportation
regulations
for
the
shipment
of
its
waste,
it
must
keep
a
copy
of
all
other
documents
related
to
tracking
the
exempted
waste
as
required
under
10
CFR
20.2006
or
NRC
Agreement
State
equivalent
regulations,
including
applicable
NARM
requirements,
in
addition
to
the
records
specified
in
§
266.350(
a)
through
(
d).

Loss
of
Conditional
Exemption
Owners
or
operators
of
facilities
who
fail
to
satisfy
any
of
the
conditions
for
the
transportation
and
disposal
exemption
for
their
waste
must
provide
the
following:

°
A
report
signed
by
the
facility's
authorized
representative
and
submitted
by
certified
delivery
within
30
days
of
becoming
aware
of
the
failure,
as
required
by
§
266.355(
a)(
1).
At
a
minimum,
the
report
must
include
the
following:

S
The
condition(
s)
that
the
facility
failed
to
meet
for
its
waste;
5
S
A
description
of
the
waste
(
including
the
waste
name,
hazardous
waste
codes
and
quantity)
that
lost
the
exemption;
and
S
The
date(
s)
on
which
the
facility
failed
to
meet
the
condition(
s)
for
the
waste.

°
If
the
failure
may
endanger
human
health
or
the
environment,
oral
notification
to
EPA
or
the
Authorized
State
within
24
hours,
followed
by
a
notification
within
five
days,
as
required
by
§
266.355(
a)(
2).

To
reclaim
the
transportation
and
disposal
conditional
exemption
for
the
waste,
another
notification
must
be
signed
by
the
facility's
authorized
representative
and
submitted
by
certified
delivery,
as
required
by
§
266.360(
a)(
2).
This
notification
must
include:

°
An
explanation
of
the
circumstances
of
each
failure;

°
A
certification
that
all
failures
that
caused
the
facility
to
lose
the
exemption
for
the
waste
have
been
corrected
and
that
the
facility
again
meets
all
of
the
applicable
conditions
for
the
waste
as
of
the
date
specified;

°
A
description
of
the
plan
implemented,
listing
specific
steps
taken,
to
ensure
the
conditions
will
be
met
in
the
future;
and
°
Any
additional
information
the
facility
would
like
to
submit.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED/
AUTHORITY
FOR
THE
COLLECTION
The
statutory
basis
for
the
rule
is
located
in
the
provisions
of
RCRA
that
define
EPA's
authority
to
determine
what
constitutes
a
hazardous
waste.
Section
3001(
a)
of
RCRA
provides
that
EPA
must
"
develop
and
promulgate
criteria
for
identifying
the
characteristics
of
hazardous
waste,
and
for
listing
hazardous
waste,
which
should
be
subject
to
the
provisions
of
this
subtitle....
Such
criteria
shall
be
revised
from
time
to
time
as
may
be
appropriate."
In
addition,
section
1004(
5)(
b)
of
RCRA
defines
the
term
"
hazardous
waste"
as
a
solid
waste,
or
combination
of
solid
wastes,
which
poses
a
substantial
present
or
potential
hazard
to
human
health
or
the
environment
when
improperly
treated,
stored,
transported,
disposed
of,
or
otherwise
managed.

EPA
has
held,
and
the
courts
have
agreed,
that
"
where
a
waste
might
pose
a
hazard
only
under
limited
management
scenarios,
and
other
regulatory
programs
already
address
such
scenarios,
EPA
is
not
required
to
classify
a
waste
as
hazardous
waste
subject
to
regulation
under
Subtitle
C."
The
courts
also
clarified
that
"
Congress
has
not
spoken
directly
to
the
issue
of
conditional
exemption"
and
agreed
with
EPA's
interpretation
that
section
3001(
a)
allows
the
use
of
conditional
exemptions.
EPA
had
used
this
line
of
reasoning
in
finalizing
the
Military
Munitions
Rule,
which
created
a
conditional
exemption
from
RCRA
for
transporting
and
storing
non­
chemical
waste
munitions,
as
specified.
(
See
62
FR
6621;
February
12,
1997.)

EPA
is
promulgating
this
rule
in
response
to
negotiations
with
commercial
nuclear
power
plants
and
their
trade
representatives.
The
industry
expressed
interest
in
regulatory
flexibility
to
allow
the
disposal
of
mixed
waste
in
commercial
low­
level
radioactive
waste
disposal
facilities
(
LLRWDFs)
as
a
RCRA­
exempt
waste.
The
negotiations
resulted
in
a
final
consent
decree,
which
required
EPA
to
publish
a
proposed
rule
that
requests
comment
on
an
exemption
from
the
RCRA
regulations
for
mixed
waste
generated
by
nuclear
power
plants.
The
proposal
also
requested
comment
on
other
regulatory
relief
for
these
wastes,
as
EPA
deemed
appropriate.
The
final
rule
promulgates
the
conditional
exemptions,
which
have
been
revised
and
finalized
after
receipt
and
consideration
of
public
comments.
6
2(
b)
PRACTICAL
UTILITY/
USERS
OF
THE
DATA
LOW­
LEVEL
MIXED
WASTE
STORAGE
Storage
and
Treatment
Conditional
Exemption
and
Eligibility
EPA
has
developed
minimum
criteria
to
ensure
that
LLMW
generators
take
appropriate
steps
to
qualify
for
the
exemption,
as
required
by
40
CFR
266.230:


Generators
claiming
the
exemption
must
notify
EPA
or
the
Authorized
State
in
writing
that
they
claim
the
exemption
for
LLMW
stored
at
the
facility.
The
notification
requirement
provides
EPA
or
the
Authorized
State
with
a
record
of
who
has
made
a
claim
for
the
exemption,
and
allows
EPA
to
refute
the
claim
should
the
Agency
deem
it
invalid
based
on
any
requirements
outlined
in
the
final
rulemaking.


Generators
must
certify
that
facility
personnel
who
manage
stored
conditionally
exempt
LLMW
are
appropriately
trained.
The
certification
will
assist
the
Agency
in
confirming
that
site
personnel
are
trained
in
storing
the
exempted
waste
in
compliance
with
applicable
management
procedures
and
taking
emergency
response
actions.

°
Generators
must
inventory
the
conditionally
exempt
LLMW
at
least
annually,
inspect
the
conditionally
exempt
LLMW
at
least
quarterly
for
compliance
with
the
specified
conditions,
and
maintain
records
of
the
findings
of
these
inventories
and
inspections
while
the
waste
is
stored
plus
at
least
three
years
or
longer
if
required
by
the
generator's
NRC
or
NRC
Agreement
State
license.
An
important
part
of
assuring
that
a
generator
is
complying
with
the
conditions
of
the
rule
is
requiring
the
generator
to
perform
regular
inspections
of
the
facilities
storing
exempted
waste,
as
well
as
inventorying
the
waste
to
prevent
loss
or
other
mismanagement.
Records
of
these
activities
will
assure
EPA
of
consistent
compliance
with
exemption
conditions.

°
Generators
must
maintain
an
accurate
emergency
plan
and
provide
the
plan
to
all
local
authorities
who
may
have
to
respond
to
an
emergency.
The
contingency
plan
must
describe
emergency
response
arrangements
with
local
authorities,
describe
evacuation
plans,
list
the
names,
addresses
and
telephone
numbers
of
all
facility
personnel
qualified
to
work
with
local
authorities
as
emergency
coordinators,
and
list
emergency
equipment.
The
majority
of
facilities
that
generate
mixed
waste
should
already
have
an
emergency
plan
under
an
existing
RCRA
permit,
RCRA
interim
status,
or
NRC
license.
However,
some
facilities
may
not
have
a
plan
or
the
plan
may
not
address
chemical
releases.
EPA,
therefore,
requires
such
a
plan.

Loss
of
Conditional
Exemption
40
CFR
266.240(
a)
provides
that
the
conditional
exemption
applies
only
while
all
of
the
conditions
of
section
266.230
are
met
and
that
a
generator
can
lose
the
exemption
for
failure
to
meet
any
of
these
conditions.
Section
266.240(
a)(
1)
requires
that
the
generator
report
to
EPA
or
the
Authorized
State
and
NRC
or
the
oversight
agency
in
the
NRC
Agreement
State
in
writing
any
failure
to
meet
the
condition
within
30
days
of
learning
of
the
failure.
If
the
failure
may
endanger
human
health
or
the
environment,
the
generator
must
also
notify
EPA
or
the
Authorized
State
orally
within
24
hours
and
follow
up
with
a
written
notification
within
five
days.
EPA
and
the
Authorized
States
will
use
the
written
notifications
to
monitor
compliance
and
enforce
the
provisions
of
the
exemption,
as
appropriate.
The
oral
notification
will
provide
the
Agency
with
immediate
information
on
conditions
that
might
endanger
human
health
or
environment.

40
CFR
266.245(
a)
provides
that
a
generator
may
apply
to
reclaim
an
exemption
for
LLMW
as
soon
as
the
generator
again
meets
the
requirements
of
section
266.230.
The
notice
must
explain
the
7
circumstances
of
each
failure,
certify
that
the
generator
has
corrected
each
failure
that
caused
the
generator
to
lose
the
exemption,
and
certify
that
the
generator
again
meets
the
conditions
of
section
266.230
as
of
the
date
specified.
The
notice
must
also
describe
the
plan
to
ensure
that
the
conditions
will
be
met
in
the
future
and
include
other
information
on
the
failure
(
for
example,
circumstances
of
each
failure,
steps
taken
to
prevent
recurrence).
The
notice
will
enable
the
Agency
to
monitor
compliance,
understand
the
reasons
for
failures,
and
ensure
that
generators
have
taken
appropriate
steps
to
regain
compliant
status.

Record
Keeping
40
CFR
266.250
requires
that
generators
under
the
exemption
must
keep
their
notifications,
return
receipts,
failure
reports,
and
records
supporting
any
reclaim
of
the
exemption
for
the
period
of
time
specified
in
section
266.250(
b).
These
records
will
assist
the
Agency
in
assessing
the
generators'
compliance
during
on
site
inspections.

TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
Notification
40
CFR
266.345(
a)
requires
that
generators
or
treaters
notify
EPA
or
the
Authorized
State
that
they
are
claiming
the
transportation
and
disposal
exemption
prior
to
the
initial
shipment
of
a
waste
to
a
LLRWDF.

EPA
believes
the
exemption
notice
provides
a
tool
for
RCRA
program
regulatory
agencies
to
become
aware
of
the
generator's
exemption
claims.
The
information
contained
in
the
notification
package
will
provide
the
RCRA
program
regulatory
agencies
with
a
general
understanding
of
the
claimant.
This
information
will
allow
the
agencies
to
document
the
generator's
exemption
status
and
to
plan
inspections
and
review
exemption­
related
records.
They
can
also
consider
the
need
for
possible
enforcement
actions
in
the
event
that
an
exemption
is
found
to
be
improperly
claimed.

Record
Keeping
40
CFR
266.350
requires
that
generators
and
treaters
under
the
exemption
keep
specified
records
(
e.
g.,
all
notifications
sent
under
§
266.345)
at
the
facility.
They
must
make
these
records
available
to
the
RCRA
regulatory
agency
immediately
during
an
on
site
inspection,
or
upon
request.
The
records
provide
the
generator's
or
treater's
RCRA
program
regulatory
agency
with
information
during
inspections
and
audits
to
determine
whether
the
generator
is
in
compliance
with
all
of
the
requirements
under
the
exemption.
These
records
could
also
be
used
in
possible
enforcement
actions.

Loss
of
Conditional
Exemption
Section
266.355
provides
that
a
generator
or
treater
whose
waste
fails
to
satisfy
any
of
the
conditions
as
specified
will
lose
the
exemption
for
the
waste.
If
the
generator
or
treater
fails
to
satisfy
any
of
the
conditions
specified,
he
or
she
must
notify
EPA
or
the
Authorized
State
within
30
days
of
learning
of
the
failure.
In
addition,
section
266.360
provides
that,
to
reclaim
the
exemption,
the
generator
or
treater
must
notify
EPA
or
the
Authorized
State.
The
notification
must
include
specified
information
(
e.
g.,
certification
that
failures
have
been
corrected).
The
exemption
would
be
reinstated
once
the
generator
or
treater
has
received
certified
mail
return
receipts.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
NONDUPLICATION
The
requirements
covered
by
this
ICR
do
not
duplicate
any
other
information
collection
requirements.
The
information
collected
under
this
ICR
is
not
available
from
any
existing
sources
of
8
information.
Furthermore,
the
exemptions
discussed
in
this
ICR
are
self­
implementing
and
intended
to
provide
relief
to
respondents
from
duplicative
information
collection
requirements.

3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
On
November
19,
1999,
EPA
published
a
proposed
rule
in
the
Federal
Register
and
solicited
public
comments
(
64
FR
63464).
To
assist
the
public
in
commenting
on
the
proposal,
EPA
raised
a
number
of
issues
in
the
preamble
about
the
proposed
rule
and
asked
for
the
public
to
comment
on
them.
At
the
end
of
the
comment
period,
EPA
reviewed
and
responded
to
the
comments
received
and
took
the
comments
into
consideration
when
finalizing
the
rule,
ICR,
and
other
supporting
documents.

3(
c)
CONSULTATIONS
In
developing
this
ICR,
EPA
considered
the
comments
and
suggestions
provided
by
the
regulated
community
in
response
to
the
March
1,
1999
Advance
Notice
of
Proposed
Rulemaking
(
64
FR
10063),
as
well
as
to
the
1995
HWIR
rulemaking.
These
comments
and
suggestions,
where
relevant,
have
been
incorporated
into
this
ICR
and
are
reflected
in
Exhibits
1
through
4.
In
addition,
EPA
met
with
State
hazardous
waste
and
radiation
officials
and
visited
nuclear
power
plants
and
mixed
waste
treatment
facilities
to
gather
information
about
their
mixed
waste
management
practices.
This
information
has
been
used
in
developing
the
ICR's
data
and
assumptions
on
respondents,
where
appropriate.

3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
The
information
collection
requirements
in
this
ICR
are
minimal
and
only
require
respondents
to
submit
information
when
they
first
claim
the
exemption,
when
the
waste
loses
the
exemption,
and
when
the
facility
seeks
to
regain
the
exemption.
These
requirements
constitute
the
minimum
amount
of
reporting
that
could
be
required
while
still
maintaining
some
level
of
EPA
supervision.

3(
e)
GENERAL
GUIDELINES
None
of
the
information
collection
activities
discussed
in
this
ICR
violates
OMB's
general
guidelines
for
information
collections.
These
guidelines
are
listed
in
5
CFR
Part
1320.

3(
f)
CONFIDENTIALITY
The
information
collected
under
this
ICR
will
be
used
for
tracking
and
enforcement
purposes
only,
and
will
not
be
disseminated
in
any
way
to
other
parties.
The
confidentiality
of
this
information,
therefore,
will
not
be
compromised.

3(
g)
SENSITIVE
QUESTIONS
None
of
the
information
collected
under
this
ICR
constitutes
sensitive
information.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
COLLECTED
4(
a)
RESPONDENTS
AND
SIC
CODES
(
i)
Respondents
The
respondents
affected
by
this
information
collection
are
facilities
that
generate
or
treat
LLMW.
9
(
ii)
SIC
Codes
EPA
anticipates
that
the
following
SIC
codes
may
potentially
be
affected
by
the
information
collection
activities
discussed
in
this
ICR:

4911
Electric
Services
4931
Electric
and
Other
Services
Combined
4953
Refuse
Systems
8011
Offices
and
Clinics
of
Doctors
of
Medicine
8052
Intermediate
Care
Facilities
8059
Nursing
and
Personal
Care
Facilities,
NEC
8062
General
Medical
and
Surgical
Hospitals
8063
Psychiatric
Hospitals
8069
Specialty
Hospitals,
Except
Psychiatric
8071
Medical
Laboratories
8072
Dental
Laboratories
8093
Specialty
Outpatient
Facilities,
NEC
8099
Health
and
Allied
Services,
NEC
8221
Colleges,
Universities,
and
Professional
Schools
8731
Commercial
Physical
and
Biological
Research
8733
Noncommercial
Research
Organizations
8734
Testing
Laboratories
4(
b)
INFORMATION
COLLECTED
STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
Storage
and
Treatment
Conditional
Exemption
and
Eligibility
(
i)
Data
Items
Facilities
seeking
the
mixed
waste
storage
and
treatment
exemption
must
provide,
or
conduct
and
maintain
the
following,
as
required
by
§
266.230:

°
A
written
notification
submitted
by
certified
delivery
stating
that
the
facility
intends
to
claim
the
conditional
exemption
for
LLMW
stored
at
the
facility.
The
dated
notification
must
include
the
facility
name,
address,
RCRA
identification
number,
NRC
or
NRC
Agreement
State
license,
the
waste
code(
s)
and
storage
unit(
s)
for
which
the
facility
is
seeking
an
exemption,
and
a
statement
that
the
facility
meets
the
conditions
of
this
part.
The
notification
must
be
signed
by
the
facility's
authorized
representative
certifying
that
the
information
in
the
claim
is
true,
accurate,
and
complete.
The
notification
must
be
submitted
within
90
days
of
the
effective
date
of
this
rule
in
each
State,
or
within
90
days
of
when
a
storage
unit
is
first
used
to
store
conditionally
exempt
LLMW,
as
required
by
§
266.230(
a);

°
A
certification
that
facility
personnel
who
manage
stored
conditionally
exempt
LLMW
are
trained
in
a
manner
that
ensures
that
the
conditionally
exempt
waste
is
safely
managed
and
includes
training
in
chemical
waste
management
and
hazardous
materials
incidents
response
that
meets
the
personnel
training
standards
found
in
40
CFR
265.16(
a)(
3),
as
required
by
§
266.230(
b)(
3);

°
An
inventory
of
stored
conditionally
exempt
LLMW
(
conducted
at
least
annually),
as
required
by
§
266.230(
b)(
4);
10
°
Inspections
of
stored
conditionally
exempt
LLMW
for
compliance
with
the
conditions
listed
in
Part
266
Subpart
N
(
conducted
at
least
quarterly),
as
required
by
§
266.230(
b)(
4);
and
°
An
accurate
emergency
plan
describing
emergency
response
arrangements
with
local
authorities
and
evacuation
plans;
listing
the
names,
addresses,
and
telephone
numbers
of
all
facility
personnel
qualified
to
work
with
local
authorities
as
emergency
coordinators;
and
listing
emergency
equipment,
as
required
by
§
266.230(
b)(
5).

(
ii)
Respondent
Activities
Respondents
must
perform
the
following
activities:

°
Prepare
and
submit
by
certified
delivery
the
notification
of
intent
to
claim
the
conditional
exemption
for
LLMW
stored
at
the
facility;

°
Prepare
the
certification
that
facility
personnel
have
been
appropriately
trained;

°
Inventory
conditionally
exempt
LLMW
and
record
findings
(
at
least
annually);

°
Conduct
compliance
inspections
of
conditionally
exempt
LLMW
and
record
findings
(
at
least
quarterly);
and
°
Maintain
an
emergency
plan
on
site
and
provide
it
to
all
local
emergency
response
authorities
who
may
have
to
respond
to
a
fire,
explosion,
or
release
of
hazardous
waste
or
hazardous
constituents.

Loss
of
Conditional
Exemption
(
i)
Data
Items
Facilities
that
lose
the
exemption
for
their
conditionally
exempt
LLMW
because
they
no
longer
meet
the
requirements
in
§
266.230
must
provide
the
following,
as
required
by
§
266.240:

°
A
written
notification
submitted
by
certified
delivery
within
30
days
of
becoming
aware
of
the
failure
informing
EPA
or
the
Authorized
State
and
the
NRC
or
oversight
agency
in
the
NRC
Agreement
State
of
the
condition(
s)
the
facility
failed
to
meet,
a
description
of
the
LLMW
(
including
the
waste
name,
hazardous
waste
codes,
and
the
quantity),
the
storage
location
at
the
facility,
and
the
date(
s)
on
which
the
facility
failed
to
meet
the
conditions,
as
required
by
§
266.240(
a)(
1);
and
°
If
the
failure
may
endanger
human
health
or
the
environment,
an
oral
notification
to
EPA
or
the
Authorized
State,
within
24
hours
of
learning
of
the
failure,
followed
by
a
written
notification
within
five
days,
as
required
by
§
266.240(
a)(
2).

In
order
to
reclaim
an
exemption
for
LLMW,
a
facility
must
provide
a
notice
signed
by
the
facility's
authorized
representative
and
submitted
by
certified
delivery
to
EPA
or
the
Authorized
State
as
required
by
§
266.245(
a)(
2).
This
notice
must
include
the
following:

°
An
explanation
of
the
circumstances
of
the
failure(
s);

°
Certification
that
all
failures
that
caused
the
facility
to
lose
the
exemption
for
its
LLMW
have
been
corrected
and
that
the
facility
again
meets
all
of
the
conditions
in
§
266.230
as
of
the
date
specified;
11
°
A
description
of
the
plan
implemented,
listing
specific
steps
taken,
to
ensure
the
conditions
will
be
met
in
the
future;
and
°
Any
additional
information
the
facility
would
like
to
submit.

(
ii)
Respondent
Activities
Respondents
must
perform
the
following
activities:

°
Prepare
and
submit
by
certified
delivery
the
written
notification
of
exemption
loss;

°
Inform
the
EPA
Region
or
the
Authorized
State
of
the
failure
(
orally
and
follow­
up
written
notification)
in
cases
of
endangerment
to
human
health
or
the
environment;
and
°
Prepare
and
submit
by
certified
delivery
the
notice
reclaiming
the
exemption
for
LLMW.

Record
Keeping
(
i)
Data
Items
In
addition
to
those
records
required
by
the
NRC
or
NRC
Agreement
State
license,
all
facilities
subject
to
the
mixed
waste
exemption
requirements
must
develop
and
maintain
the
following
as
required
by
§
266.250:

°
Initial
notification
records,
return
receipts,
reports
to
EPA
or
the
Authorized
State
of
failure(
s)
to
meet
the
exemption
conditions,
and
all
records
supporting
any
reclaim
of
an
exemption;

°
Records
of
LLMW
annual
inventories,
and
quarterly
inspections;

°
Certification
that
facility
personnel
who
manage
stored
mixed
waste
are
trained
in
safe
management
of
LLMW
including
training
in
chemical
waste
management
and
hazardous
materials
incidents
response;
and
°
Emergency
plan
as
specified
in
§
266.230(
b).

(
ii)
Respondent
Activities
Respondents
must
perform
the
following
activities:

°
Maintain
and
update
records
of
notifications,
return
receipts,
failure
report(
s),
inventories,
inspections,
certifications,
and
the
emergency
plans.

TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
Notification
(
i)
Data
Items
Facilities
claiming
a
transportation
and
disposal
conditional
exemption
must
provide
the
following,
as
required
by
§
266.345(
a)
and
(
b):

°
A
written
notification
submitted
to
EPA
or
the
Authorized
State
by
certified
delivery
prior
to
the
first
shipment
of
waste
to
the
LLRWDF
that
states
that
the
facility
is
claiming
the
transportation
and
disposal
conditional
exemption.
The
notification
must
include
the
12
date
and
the
facility
name,
address,
phone
number,
and
RCRA
ID
number,
as
required
by
§
266.345(
a).

°
A
notification
sent
by
certified
delivery
to
the
LLRWDF
prior
to
each
shipment
of
exempted
waste,
as
required
by
§
266.345(
b).
The
notification
must
include
the
following
information:

S
A
statement
that
the
shipping
facility
claimed
the
exemption
for
the
waste;

S
A
statement
that
the
eligible
waste
meets
applicable
LDR
treatment
standards;

S
The
facility's
name,
address,
and
RCRA
ID
number;

S
The
RCRA
hazardous
waste
codes
prior
to
the
exemptions
of
the
waste
streams;

S
A
statement
that
the
exempted
waste
must
be
placed
in
a
container
according
to
§
266.340
prior
to
disposal
in
order
for
the
waste
to
remain
exempt
under
the
transportation
and
disposal
conditional
exemption
of
40
CFR
Part
266
Subpart
N;

S
The
manifest
number
of
the
shipment
that
will
contain
the
exempted
waste;
and
S
A
certification
that
all
the
information
provided
is
true,
accurate,
and
complete.
The
statement
must
be
signed
by
the
facility's
authorized
representative.

(
ii)
Respondent
Activities
respondents
must
perform
the
following
activities:

°
Prepare
and
submit
the
notification
to
EPA
or
the
Authorized
State;
and
°
Prepare
and
submit
the
LLRWDF
notifications.

Record
Keeping
(
i)
Data
Items
In
addition
to
those
records
required
by
the
NRC
or
NRC
Agreement
State
license,
facilities
must
develop
and
maintain
the
following
items,
as
required
in
§
266.350:

°
All
applicable
existing
records
required
under
§
§
264.73,
265.73,
and
268.7
to
demonstrate
that
the
facility's
waste
has
met
LDR
treatment
standards
prior
to
claiming
the
exemption.
[
These
are
existing
recordkeeping
requirements
and
are
not
burdened
in
this
ICR.]

°
A
copy
of
all
notifications
and
return
receipts
sent
under
§
§
266.355
and
266.360
for
three
years
after
the
exempted
waste
is
sent
for
disposal;

°
A
copy
of
all
notifications
and
return
receipts
required
by
§
266.345(
a)
for
three
years
after
the
last
exempted
waste
is
sent
for
disposal;

°
A
copy
of
the
notification
and
return
receipt
required
by
§
266.345(
b)
for
three
years
after
the
exempted
waste
is
sent
for
disposal;
and
13
°
If
the
facility
or
its
waste
is
not
already
subject
to
NRC
or
NRC
Agreement
State
equivalent
manifest
and
transportation
regulations
for
the
shipment
of
its
waste,
it
must
keep
a
copy
of
all
other
documents
related
to
tracking
the
exempted
waste
as
required
under
10
CFR
20.2006
or
NRC
Agreement
State
equivalent
regulations,
including
applicable
NARM
requirements,
in
addition
to
the
records
specified
in
§
266.350(
a)
through
(
d).

(
ii)
Respondent
Activities
Respondents
must
perform
the
following
activities:

°
Copy,
when
necessary,
and
maintain
the
records
listed
above.

Loss
of
Conditional
Exemption
(
i)
Data
Items
Owners
or
operators
of
facilities
who
fail
to
satisfy
any
of
the
conditions
for
the
transportation
and
disposal
exemption
for
their
waste
must
provide
the
following:

°
A
report
signed
by
the
facility's
authorized
representative
and
submitted
by
certified
delivery
within
30
days
of
becoming
aware
of
the
failure,
as
required
by
§
266.355(
a)(
1).
At
a
minimum,
the
report
must
include
the
following:

S
The
condition(
s)
that
the
facility
failed
to
meet
for
its
waste;

S
A
description
of
the
waste
(
including
the
waste
name,
hazardous
waste
codes
and
quantity)
that
lost
the
exemption;
and
S
The
date(
s)
on
which
the
facility
failed
to
meet
the
condition(
s)
for
the
waste.

°
If
the
failure
may
endanger
human
health
or
the
environment,
oral
notification
to
EPA
or
the
Authorized
State
within
24
hours,
followed
by
a
notification
within
five
days,
as
required
by
§
266.355(
a)(
2).

To
reclaim
the
transportation
and
disposal
conditional
exemption
for
the
waste,
another
notification
must
be
signed
by
the
facility's
authorized
representative
and
submitted
by
certified
delivery,
as
required
by
§
266.360(
a)(
2).
This
notification
must
include:

°
An
explanation
of
the
circumstances
of
each
failure;

°
A
certification
that
all
failures
that
caused
the
facility
to
lose
the
exemption
for
the
waste
have
been
corrected
and
that
the
facility
again
meets
all
of
the
applicable
conditions
for
the
waste
as
of
the
date
specified;

°
A
description
of
the
plan
implemented,
listing
specific
steps
taken,
to
ensure
the
conditions
will
be
met
in
the
future;
and
°
Any
additional
information
the
facility
would
like
to
submit.

(
ii)
Respondent
Activities
Respondents
must
perform
the
following
activities:

°
Prepare
and
submit
by
certified
delivery
the
report
of
the
failure;
14
°
Inform
EPA
or
the
Authorized
State
of
the
failure
(
orally
and
follow­
up
notification)
in
cases
of
endangerment
to
human
health
or
the
environment;
and
°
Prepare
and
submit
by
certified
delivery
the
notice
for
reinstatement.

5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
AGENCY
ACTIVITIES
STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
Agency
activities
associated
with
this
exemption
include
the
following:

°
Review
the
notification
of
intent
to
claim
the
exemption
(
§
266.230(
a));

°
Review
the
written
notification
of
exemption
loss
(
§
266.240(
a)(
1));

°
Receive
and
review
the
oral
and
written
follow
up
notice
if
the
failure
endangers
human
health
or
the
environment
(
§
266.240(
a)(
2));
and
°
Review
the
notice
reclaiming
the
exemption
(
§
266.245).

TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
Agency
activities
associated
with
this
exemption
include
the
following:

°
Review
the
initial
notification
package
(
§
266.345(
a));

°
Review
the
notification
of
exemption
loss
(
§
266.355(
a)(
1));

°
Receive
and
review
the
oral
notice
of
endangerment
to
human
health
or
the
environment
and
the
written
follow­
up
notice
(
§
266.355(
a)(
2));
and
°
Review
the
notice
reclaiming
the
exemption
(
§
266.360).

5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
The
requirements
covered
in
this
ICR
are
largely
self­
implementing.
The
reporting
requirements
are
not
intended
to
provide
EPA
with
data
it
will
use
for
research;
rather,
they
are
intended
to
serve
as
tools
by
which
the
Agency
and
respondents
can
monitor
compliance
and
assure
that
the
conditions
of
the
exemption
are
met.
EPA
need
only
review
notifications
submitted
by
respondents
and,
if
necessary,
notify
them
of
any
actions
taken
by
the
Agency
or
required
of
the
respondent.

5(
c)
SMALL
ENTITY
FLEXIBILITY
The
information
collection
requirements
covered
in
this
ICR
will
not
adversely
impact
small
entities.
The
exemptions
are
self­
implementing
and
intended
to
provide
regulatory
relief.
Facilities
will
not
claim
the
exemption
for
the
waste
(
and
perform
the
associated
activities)
unless,
by
doing
so,
they
expect
to
save
time
and/
or
money.
Additionally,
these
requirements
apply
equally
to
small
and
large
entities
and
will
not
impose
a
disproportionate
burden
on
either.
1
The
book
was
edited
by
Eva
Jacobs,
and
was
published
in
1998
by
Bernan
Press.
EPA
used
the
labor
rates
in
the
1998
publication
and
then
updated
them
to
year
2001
levels
using
an
annual
employment
cost
index
of
3.0.

2
Based
on
the
report
Estimating
Costs
for
the
Economic
Benefits
of
RCRA
Noncompliance.
The
report
was
authored
by
U.
S.
EPA,
RCRA
Enforcement
Division,
Office
of
Regulatory
Enforcement,
and
was
published
in
February
1997.

15
5(
d)
COLLECTION
SCHEDULE
Respondents
wishing
to
claim
a
storage
or
treatment
exemption
for
their
LLMW
must
do
so
within
90
days
of
the
effective
date
of
the
rule
in
their
State,
or
within
90
days
of
the
date
on
which
the
unit
is
first
used
to
store
conditionally
exempt
LLMW.
If
a
facility
fails
to
meet
any
of
the
conditions
specified
in
section
266.230,
the
facility
must
report
to
EPA
or
the
Authorized
State
and
the
NRC
or
the
oversight
agency
in
the
NRC
Agreement
State
in
writing
by
certified
delivery
within
30
days
of
learning
of
the
failure,
as
required
by
section
266.240(
a)(
1).
If
the
failure
to
meet
any
of
the
conditions
may
endanger
human
health
or
the
environment,
the
facility
must
notify
EPA
or
the
Authorized
State
orally
(
within
24
hours)
and
follow
up
with
written
notification
within
five
days,
as
required
by
section
266.240(
a)(
2).

Respondents
wishing
to
claim
a
transportation
and
disposal
exemption
may
do
so
any
time
they
generate
a
waste
stream
that
meets
the
conditions
of
the
exemption.
They
must
submit
a
notification
to
EPA
or
the
Authorized
State
prior
to
the
initial
shipment
claiming
the
exemption.
In
addition,
for
wastes
that
no
longer
meet
the
conditions
for
exemption,
a
respondent
has
30
days
after
learning
of
the
failure
to
submit
a
notification,
as
required
by
section
266.355(
a)(
1).
If
the
failure
to
meet
any
of
the
conditions
may
endanger
human
health
or
the
environment,
the
facility
must
also
immediately
notify
EPA
or
the
Authorized
State
orally
within
24
hours
and
follow
up
with
a
notification
within
five
days,
as
required
by
section
266.355(
a)(
2).

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
BURDEN
The
respondent
burden
estimates
for
this
information
collection
are
presented
in
Exhibits
1
and
2.
The
exhibits
estimate
the
number
of
hours
required
to
conduct
each
individual
information
collection
activity
and
the
cost
associated
with
that
activity.
The
exhibits
also
show
the
total
annual
burden
and
costs
for
conducting
all
of
the
activities.

6(
b)
ESTIMATING
RESPONDENT
COSTS
(
i)
Estimating
Labor
Costs
EPA
estimates
an
average
hourly
respondent
labor
cost
(
including
overhead)
of
$
111.00
for
legal
staff,
$
79.00
for
managerial
staff,
$
59.00
for
technical
staff,
and
$
30.00
for
clerical
staff.
To
arrive
at
these
estimates,
EPA
consulted
the
Handbook
of
U.
S.
Labor
Statistics,
Second
Edition,
1
which
summarizes
the
unloaded
(
base)
hourly
rate
for
various
labor
categories
in
U.
S.
firms.
EPA
then
applied
an
overhead
factor
of
2.3
for
non­
legal
staff
and
3.0
for
legal
staff
to
derive
their
loaded
hourly
rates.
2
Using
the
total
burden
hours
discussed
in
Section
6(
a)
and
the
wage
rates
outlined
in
this
section,
Exhibits
1
and
2
illustrate
the
labor
costs
associated
with
the
respondent
information
collection
activities
covered
in
this
ICR.

(
ii)
Estimating
O&
M
Costs
The
operating
and
maintenance
(
O&
M)
costs
associated
with
this
ICR
are
presented
in
Exhibits
1
and
2.
EPA
anticipates
that
respondents
will
only
incur
O&
M
costs
associated
with
submitting
16
notifications,
making
long­
distance
telephone
calls,
and
making
photocopies
of
documents.
EPA
estimates
that
respondents
will
submit
their
notifications
via
certified
delivery
at
a
cost
of
$
3
per
submittal
and
that
long­
distance
phone
calls
will
cost
an
average
of
$
2
per
call.
EPA
also
estimates
that
respondents
will
incur
photocopying
costs
of
$
0.10
per
page.

(
iii)
Estimating
Capital
Costs
EPA
does
not
anticipate
that
any
respondents
will
incur
any
notable
capital
costs
as
a
result
of
the
requirements
associated
with
this
ICR.

6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
Agency
burden
and
cost
estimates
are
presented
in
Exhibits
3
and
4.
Based
on
the
2001
GS
pay
schedule,
EPA
estimates
an
average
hourly
labor
cost
of
$
69.49
for
legal
staff
(
GS­
15,
Step
5),
$
61.31
for
managerial
staff
(
GS­
15,
Step
1),
$
44.11
for
technical
staff
(
GS­
13,
Step
1),
and
$
18.82
for
clerical
staff
(
GS­
6,
Step
1).
To
derive
these
hourly
estimates,
EPA
divided
the
annual
compensation
estimates
by
2,080,
which
is
the
number
of
hours
in
the
Federal
work­
year,
and
then
multiplied
the
hourly
rates
by
the
standard
government
overhead
factor
of
1.6.

6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS
This
ICR
is
a
comprehensive
presentation
of
all
of
the
information
collection
activities
included
in
the
final
mixed
waste
rule.
EPA
estimated
respondent
burden
hours
and
costs
associated
with
all
of
the
requirements
covered
in
this
ICR
in
Exhibits
1
and
2.
Exhibit
1
addresses
respondent
burden
and
costs
associated
with
the
storage
and
treatment
exemption.
Exhibit
2
addresses
respondent
burden
and
costs
associated
with
the
transportation
and
disposal
exemption.

STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
Reading
the
Regulations
The
storage
and
treatment
conditional
exemption
exempts
facilities'
LLMW
from
the
regulatory
definition
of
hazardous
waste
in
section
261.3
if
the
waste
meets
the
eligibility
criteria
in
section
266.225
and
the
facilities
meet
the
conditions
in
section
266.230.
Low­
level
mixed
waste
(
LLMW),
defined
in
section
266.210,
is
eligible
for
the
conditional
exemption
if
it
is
generated
and
managed
under
a
single
NRC
or
NRC
Agreement
State
license.
(
Mixed
waste
generated
at
a
facility
with
a
different
license
and
shipped
to
a
facility
for
storage
or
treatment
requires
a
permit
and
is
ineligible
for
this
exemption.
In
addition,
NARM
waste
is
ineligible
this
exemption.)
For
LLMW
to
qualify
for
the
exemption,
licensees
must
satisfy
the
conditions
of
section
266.230
(
e.
g.,
store
LLMW
in
compliance
with
NRC
license).

EPA
believes
that
the
storage
exemption
applies
to
two
types
of
NRC
licensees:
nuclear
facilities
(
e.
g.,
nuclear
power
plants)
and
material
licensees
that
generate
and
store
their
LLMW
on
site.
Both
of
these
types
of
licensees
may
generate
a
LLMW
and
have
an
NRC
license
that
allows
for
onsite
storage
of
licensed
material.
EPA
does
not
expect
that
commercial
treatment,
storage
or
disposal
facilities
(
TSDFs)
possessing
an
NRC
license
would
be
eligible
for
the
storage
and
treatment
exemption,
since
the
exemption
would
apply
only
to
licensees
that
store
or
treat
LLMW
generated
at
the
facility.
The
exemption
also
would
not
apply
to
other
sites
that
do
not
possess
an
NRC
license
(
e.
g.,
DOE
installations).
Some
of
the
entities
potentially
affected
by
the
storage
and
treatment
exemption
are
identified
in
Table
1.
3
Klein,
J.
A.,
J.
E.
Mrochek,
R.
L.
Jolley,
I.
W.
Osborne­
Lee,
A.
A.
Francis
and
T.
Wright,
National
Profile
on
Commercially
Generated
Low­
Level
Radioactive
Mixed
Waste,
Oak
Ridge
Laboratory,
prepared
for
the
U.
S.
Nuclear
Regulatory
Commission
and
the
U.
S.
Environmental
Protection
Agency,
December
1992.

17
Table
1.
Examples
of
Entities
Potentially
Affected
by
the
Storage
and
Treatment
Exemption
Category
Examples
of
Entities
Nuclear
Power
Industry
Firms
that
generate
electricity
using
nuclear
fuel
as
the
source
of
energy
and
that
have
been
licensed
by
the
Nuclear
Regulatory
Commission
Universities
&
Academic
Institutions
Entities
that
are
licensed
by
NRC
or
NRC
Agreement
States
to
use
radionuclides
for
academic,
biomedical,
and
health
research
purposes
in
research
laboratories
Pharmaceutical
and
Health
Care
Industries
Research
laboratories
owned
and
operated
by
drug
manufacturers
and
hospitals/
clinics
that
are
licensed
by
NRC
or
NRC
Agreement
States
to
use
radionuclides
for
medical
or
research
purposes
in
research
laboratories
Based
on
an
analysis
of
the
National
Profile
on
Commercially
Generated
Low­
Level
Radioactive
Mixed
Waste
(
National
Profile),
3
EPA
estimates
that
about
585
facilities
were
storing
mixed
waste
in
1990
and
that
an
additional
246
facilities
were
generating,
but
not
storing,
these
wastes.
While
waste
generation
and
storage
patterns
have
changed
since
1990
(
e.
g.,
because
of
waste
minimization
practices
and
treatment
requirements),
this
ICR
makes
the
conservative
assumption
that
all
831
facilities
would
claim
the
treatment
and
storage
exemption
(
i.
e.,
585
+
246
=
831).
Each
of
these
licensees
is
expected
to
read
the
regulations
once
during
the
three­
year
life
of
the
ICR.
[
Note
that
the
exhibits
present
annual
burdens
and
costs
over
the
three­
year
effective
life
of
the
ICR.
The
exhibits
present
the
burden
and
cost
of
one­
time
activities
by
dividing
the
total
number
of
respondents
by
three.]
Thus,
this
ICR
assumes
that
approximately
277
sites
will
read
the
regulations
annually
(
831
sites
/
3
years
=
277
sites/
yr).

This
assumption
is
reflected
in
Exhibit
1.

Storage
and
Treatment
Conditional
Exemption
and
Eligibility
Licensees
must
meet
the
conditions
at
section
266.230
in
order
for
their
LLMW
to
qualify
for
and
maintain
the
exemption.
This
includes
preparing
and
submitting
a
notification
to
EPA
or
the
Authorized
State
claiming
the
exemption
and
preparing
a
certification
that
all
facility
personnel
have
been
appropriately
trained.
Over
the
three­
year
period
of
this
ICR,
an
estimated
277
sites
(
831
sites
/
3
years
=
277
sites)
will
perform
these
activities
each
year.
(
Note
that
EPA
expects
that
facilities
claiming
the
exemption
for
more
than
one
storage
unit
would
submit
a
single
notification
for
all
units,
as
opposed
to
a
separate
notification
for
each
unit.)

In
addition,
these
facilities
must
also
inventory
their
conditionally
exempt
LLMW
at
least
annually,
inspect
the
conditionally
exempt
LLMW
at
least
quarterly
(
831
sites
*
4
inspections
=
3,324
inspections
annually),
and
document
the
findings
of
these
efforts.
Finally,
they
must
maintain,
on
site,
a
copy
of
an
emergency
plan
and
provide
it
to
local
authorities.
Note
that
licensees
are
already
subject
to
existing
inspection,
inventory,
and
emergency
preparedness
and
contingency
planning
requirements
under
the
NRC
regulations.
EPA
therefore
does
not
expect
licensees
to
see
much
additional
incremental
burden
from
the
storage
exemption
for
these
activities.

These
assumptions
are
reflected
in
Exhibit
1.
4
The
four
treatment
facilities
include
Envirocare
of
Utah,
DSSI,
NSSI,
and
Perma­
Fix
Environmental
Services.
See
EPA's
web
site,
www.
epa.
gov/
radiation/
mixed­
waste,
for
a
description
of
these
facilities.

18
Loss
of
Conditional
Exemption
Licensees
would
lose
the
exemption
if
their
LLMW
failed
to
satisfy
any
of
the
conditions
listed
at
section
266.230.
Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
five
percent
of
licensees
(
831
sites
*
0.05
=
42
sites)
would
need
to
report
to
EPA
or
the
Authorized
State
their
failure
to
meet
a
condition.
Of
these,
an
estimated
one
percent
(
42
sites
*
0.01
=
0
sites)
would
need
to
telephone
EPA
and
follow
up
with
a
written
report,
informing
the
Agency
of
a
threat
to
human
health
or
the
environment.

Licensees
that
lose
the
exemption
for
their
LLMW
must
notify
EPA
or
the
Authorized
State
to
reclaim
the
exemption.
EPA
estimates
that
all
of
the
licensees
losing
the
exemption
each
year
(
42
sites)
will
provide
notice
to
EPA
or
the
Authorized
State
that
they
are
reclaiming
the
exemption.

These
assumptions
are
reflected
in
Exhibit
1.

Record
Keeping
Licensees
must
keep
records
of
their
initial
notifications,
return
receipts,
records
of
inventories
and
inspections,
and
other
documents
as
specified
in
section
266.250.
EPA
expects
all
of
the
831
licensees
under
the
exemption
to
maintain
and
update
their
records
each
year.
This
assumption
is
reflected
in
Exhibit
1.

TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
Reading
the
Regulations
The
transportation
and
disposal
conditional
exemption
exempts
eligible
waste
from
the
regulatory
definition
of
hazardous
waste
in
section
261.3
if
the
waste
meets
the
eligibility
criteria
under
section
266.310,
and
the
facility
meets
the
conditions
of
section
266.315.
Eligible
wastes
must
be
a
LLMW,
as
defined
in
section
266.210,
that
meets
the
waste
acceptance
criteria
of
a
LLRWDF,
and/
or
an
eligible
NARM
waste,
as
defined
in
section
266.210.

Based
on
an
analysis
of
the
National
Profile,
EPA
estimates
that
about
46
licensed
nuclear
power
reactors
in
the
U.
S.
generate
listed
LLMW
and
would
treat
it
on
site
and
claim
the
disposal
exemption.
EPA
also
estimates
that
four
commercial
mixed
waste
treatment
facilities
would
claim
the
disposal
exemption
for
their
treated
eligible
mixed
waste.
4
In
total,
EPA
estimates
that
about
50
licensees
would
claim
the
disposal
exemption.
Each
of
these
licensees
is
expected
to
read
the
regulations
once
over
the
three­
year
life
of
this
ICR
(
50
sites
/
3
years
=
17
sites/
yr).

For
the
purposes
of
this
analysis,
EPA
assumes
that
no
other
licensee
generators
would
claim
the
exemption.
Rather,
these
licensees
would
send
their
eligible
waste
to
a
commercial
mixed
waste
treater
in
compliance
with
the
full
RCRA
regulations,
as
applicable.

These
assumptions
are
reflected
in
Exhibit
2.

Notification
As
required
by
section
266.345(
a),
licensees
must
submit
a
one­
time
notice
to
EPA
or
the
Authorized
State
stating
that
they
are
claiming
the
exemption
prior
to
the
initial
shipment
of
an
exempted
waste
to
the
LLRWDF.
This
ICR
estimates
that
17
licensees
will
submit
a
notification
to
EPA
or
the
Authorized
State
each
year
(
50
sites
/
3
years
=
17
sites/
yr).
19
Further,
licensees
must
also
submit
a
notification
to
the
LLRWDF
prior
to
each
shipment
of
exempted
waste.
Based
on
its
best
professional
judgment,
EPA
assumes
that
each
of
the
46
nuclear
power
reactors
qualifies
as
a
RCRA
large
quantity
generator
(
i.
e.,
for
their
eligible
mixed
waste
and
other
hazardous
wastes
generated).
EPA
estimates
these
reactors
would
send,
on
average,
four
shipments
of
exempted
waste
offsite
each
year
(
i.
e.,
once
every
90
days).
In
total,
EPA
estimates
these
nuclear
reactors
would
make
about
184
shipments
in
total
each
year.
In
addition,
EPA
estimates
that
the
four
commercial
mixed
waste
treatment
facilities
will
each
send
one
shipment
of
exempted
waste
to
the
LLRWDF
each
year
(
4
shipments/
yr).
That
is,
EPA
expects
these
facilities
to
store
their
treated
waste
on
site
during
the
year
in
order
to
minimize
the
number
of
shipments
to
the
LLRWDF.
In
total,
EPA
estimates
that
these
generator
and
treater
licensees
would
make
188
shipments
of
exempted
waste
annually
and
that
they
would
therefore
need
to
prepare
and
submit
188
notifications
to
LLRWDFs
annually.

Note
that
once
the
eligible
mixed
waste
is
placed
on
the
truck
en
route
to
the
LLRWDF,
it
exits
RCRA
Subtitle
C
regulation.
The
licensees
need
not
prepare
a
RCRA
manifest
for
the
shipment;
however,
they
must
transmit
the
NRC
Uniform
LLW
Manifest
(
not
burdened
in
this
ICR).

These
assumptions
are
reflected
in
Exhibit
2.

Record
Keeping
Licensees
claiming
the
exemption
must
maintain
records
as
specified
at
section
266.350
(
e.
g.,
copy
of
notifications,
return
receipts).
EPA
estimates
that
each
of
the
50
licensees
claiming
the
exemption
would
need
to
keep
and
update
these
records
annually.
This
assumption
is
reflected
in
Exhibit
2.

Loss
of
Conditional
Exemption
Any
waste
will
automatically
lose
its
exemption
if
it
is
not
managed
in
accordance
with
all
of
the
applicable
conditions
specified
in
section
266.315.
EPA
or
the
Authorized
State
may
conduct
inspections
and
audits
of
the
generator
of
the
waste
and
any
other
person
claiming
the
exemption.
If
the
claimant
fails
to
satisfy
any
of
the
specified
conditions,
the
conditional
exemption
would
be
void.
The
claimant
must
notify
EPA
or
the
Authorized
State
of
the
failure
within
30
days
from
the
date
when
the
failure
becomes
known.
Based
on
its
best
professional
judgment,
EPA
estimates
that,
each
year,
about
five
percent
of
licensees
(
50
sites
*
0.05
=
3
sites)
would
submit
this
notification.
Of
these,
an
estimated
one
percent
(
3
sites*
0.01
=
0
sites)
would
need
to
telephone
EPA
or
the
Authorized
State
and
follow
up
with
a
report
because
the
failure
threatens
human
health
or
the
environment.

Licensees
may
regain
the
exempt
status
for
their
eligible
waste,
as
provided
by
section
266.360.
Licensees
must
notify
EPA
or
the
Authorized
State
that
they
are
re­
claiming
the
exemption.
EPA
estimates
that
all
of
the
licensees
that
lose
an
exemption
(
3
sites
annually)
would
apply
to
have
their
exemption
reinstated.

These
assumptions
are
reflected
in
Exhibit
2.

TOTAL
RESPONDENT
BURDEN
AND
COST
Exhibit
5
presents
the
total
annual
respondent
burden
and
costs
associated
with
the
mixed
waste
rule.
EPA
estimates
that
respondents
will
incur
an
annual
burden
of
approximately
3,079
hours
and
a
cost
of
about
$
168,398.
Exhibit
5
also
presents
cost
estimates
by
type
(
labor,
capital/
startup,
or
O&
M)
as
well
as
three­
year
totals
for
burden
and
costs
(
to
reflect
the
overall
burden
and
costs
incurred
by
respondents
over
the
three­
year
period
covered
by
this
ICR).

In
addition
to
the
new
paperwork
requirements
of
the
rule,
EPA
also
has
estimated
the
burden
and
cost
savings
that
generators
and
other
facilities
would
see
under
the
conditional
exemptions.
Exhibit
6
compares
the
total
annual
incremental
respondent
burden
and
costs
under
the
rule
to
the
burden
and
5
The
list
of
States'
authorization
status
can
be
found
at
www.
epa.
gov/
radiation/
mixed­
waste.

20
cost
savings
in
order
to
derive
net
impacts
under
the
rule.
Following
is
a
brief
description
of
the
EPA
ICRs
affected
by
the
rule.

For
the
Biennial
Reporting
ICR,
EPA
believes
that
facilities
claiming
the
disposal
exemption,
as
well
as
the
destination
sites
receiving
the
exempted
Waste,
would
be
relieved
of
the
biennial
reporting
requirements
for
that
waste.
However,
the
Agency
has
insufficient
information
on
these
facilities'
waste
shipping
practices
to
estimate
the
savings
under
the
biennial
reporting
requirements.

For
the
Manifest
ICR,
burden
and
cost
savings
were
calculated
assuming
the
46
nuclear
reactors
and
four
mixed
waste
treatment
facilities
that
claim
the
disposal
exemption
will
no
longer
need
to
manifest
their
estimated
188
shipments
of
exempted
waste
sent
to
LLRWDFs
each
year.
O&
M
costs
associated
with
this
ICR
are
for
photocopying
and
transmitting
the
manifests
to
third
parties.

For
the
General
Facility
Standards
ICR,
EPA
believes
that
savings
would
be
seen
only
by
claimants
of
the
storage
exemption
that
are
located
in
Base
Authorized
States
that
have
not
yet
received
mixed
waste
authorization.
That
is,
EPA
assumes
that,
at
present,
licensees
storing
their
LLMW
on
site
for
more
than
90
days
in
States
with
mixed
waste
authorization
(
and
States
without
base
authorization)
have
received
a
RCRA
storage
permit,
and
they
are
already
complying
with
the
RCRA
general
facility
requirements
(
e.
g.,
routine
facility
inspections).
On
the
other
hand,
EPA
assumes
that
licensees
storing
their
waste
for
more
than
90
days
in
Base
Authorized
States
that
do
not
have
mixed
waste
authorization
would
not
be
subject
to
RCRA
permitting
or
the
general
facility
standards.
These
licensees
would
become
subject
to
such
requirements
only
when
their
State
gets
mixed
waste
authorization.
Hence,
these
licensees
would
see
savings
under
the
storage
exemption
when
their
State
becomes
mixed
waste
authorized.

Based
on
available
information
on
States'
authorization
status,
EPA
estimates
that
about
91
claimants
of
the
storage
exemption
are
located
in
Base
Authorized
States
that
do
not
have
mixed
waste
authorization.
5
These
91
claimants
would
see
savings
under
the
General
Facility
Standards
ICR
for
no
longer
conducting
RCRA
facility
inspections.
There
are
no
capital
or
O&
M
costs
associated
with
the
inspections.

For
the
Part
B
ICR,
EPA
estimates
that
the
91
facilities
discussed
above
would
no
longer
be
required
to
complete
and
submit
a
Part
B
permit
application.
There
are
numerous
capital
and
O&
M
costs
associated
with
Part
B
permit
applications
(
e.
g.,
laboratory
fees
for
sampling
and
analysis).

6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COST
(
i)
Respondent
Tally
EPA
presents
the
total
annual
respondent
burden
and
cost
for
all
paperwork
associated
with
the
rule
in
Exhibits
5
and
6.
Exhibit
6
also
includes
burden
and
cost
savings
under
the
existing
ICRs.
As
shown
in
Exhibit
6,
EPA
estimates
that
the
rule
results
in
a
total
annual
burden
savings
of
approximately
30,825
hours
and
an
annual
cost
savings
of
approximately
$
3,214,993.
The
bottom
line
burden
savings
over
the
three­
year
period
covered
by
this
ICR
is
approximately
92,475
hours,
at
a
cost
savings
of
approximately
$
9,644,979.

(
ii)
Agency
Tally
Exhibit
7
presents
the
total
annual
Agency
burden
and
costs
associated
with
the
rule.
EPA
estimates
an
annual
Agency
burden
of
135
hours
and
a
cost
of
$
4,957.
The
bottom
line
burden
over
the
three­
year
period
covered
by
this
ICR
is
approximately
405
hours
and
$
14,871.
21
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
The
final
rule
adds
some
new
information
collection
requirements
to
RCRA
to
ensure
that
the
exempt
waste
is
managed
and
disposed
of
in
a
manner
that
is
protective
of
human
health
and
the
environment.
The
rule
relieves
claimants
of
the
exemptions
from
certain
existing
RCRA
requirements
and,
as
such,
reflects
an
adjustment
in
the
current
burden
and
cost
for
the
affected
ICRs.

6(
g)
BURDEN
STATEMENT
STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
The
total
public
burden
associated
with
this
exemption
is
estimated
to
average
3.5
hours
per
respondent
annually.
The
annual
reporting
burden
is
estimated
to
average
1.9
hours
per
respondent,
and
includes
time
for
reading
the
regulations
and
preparing
and
submitting
notifications.
The
annual
record
keeping
burden
is
estimated
to
average
1.6
hours
per
respondent
and
includes
the
time
for
recording
the
results
of
inventories
and
inspections
and
maintaining
records
pertaining
to
the
mixed
waste
exemption.

TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
The
total
public
burden
associated
with
this
exemption
is
estimated
to
average
3.9
hours
per
respondent
annually.
The
annual
reporting
burden
is
estimated
to
average
2.9
hours
per
respondent,
and
includes
time
for
reading
the
regulations
and
preparing
and
submitting
notifications.
The
annual
record
keeping
burden
is
estimated
to
average
1.0
hours
per
respondent
and
includes
the
time
for
maintaining
records
pertaining
to
the
mixed
waste
exemption.

Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques,
to
the
Director,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
22
23
EXHIBIT
1
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
ESTIMATED
ANNUAL
RESPONDENT
BURDEN
AND
COST
STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
Total
Hours
and
Costs
111.00
$
79.00
$
59.00
$
30.00
$

Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
$
111.00/
$
79.00/
$
59.00/
$
30.00/
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Hour
Hour
Hour
Hour
Year
Year
Cost
Cost
Activities
Year
Year
Reading
the
Regulations
Read
the
regulations
0.50
0.50
2.00
­
3.00
213.00
$
­

$
­

$
277
831
$
59,001
Storage
and
Treatment
Conditional
Exemption
and
Eligibility
Prepare
and
submit
notification
of
intent
to
claim
exemption
(
266.230(
a))
0.10
0.25
1.00
0.25
1.60
97.35
$
­

$
3.00
$
277
443
$
27,797
Prepare
certification
that
facility
personnel
have
been
appropriately
trained
(
266.230(
b)(
3))
­
0.08
0.17
­
0.25
16.35
$
­

$
­

$
277
69
$
4,529
Inventory
conditionally
exempt
LLMW
and
record
findings
(
annually)
(
266.230(
b)(
4))
­
­
0.08
­
0.08
4.72
$
­

$
­

$
831
66
$
3,922
Conduct
compliance
inspections
of
conditionally
exempt
LLMW
and
record
findings
(
quarterly)
(
266.230(
b)(
4))
­
­
0.08
­
0.08
4.72
$
­

$
­

$
3,324
266
$
15,689
Maintain
emergency
contingency
plan
on­
site
and
provide
it
to
local
authorities
(
266.230(
b)(
5))
­
­
­
0.10
0.10
3.00
$
­

$
1.00
$
831
83
$
3,324
Loss
of
Conditional
Exemption
Prepare
and
submit
written
notification
of
exemption
loss
(
266.240(
a)(
1))
­
0.25
1.50
0.25
2.00
115.75
$
­

$
6.00
$
42
84
$
5,114
Inform
EPA
Region
or
the
Authorized
State
orally
of
exemption
loss
with
a
follow­
up
written
notification
in
cases
of
endangerment
to
human
health
or
the
environment
(
266.240(
a)(
2))
­
0.25
0.50
­
0.75
49.25
$
­

$
5.00
$
­
­
$
0
Prepare
and
submit
notice
reclaiming
the
exemption
for
LLMW
(
266.245(
a))
­
0.25
4.00
0.75
5.00
278.25
$
­

$
3.00
$
42
210
$
11,813
Record
Keeping
Maintain
and
update
records
of
notifications,
return
receipts,

failure
report(
s),
inventories,
inspections,
certifications,
and
emergency
plans
(
266.250)
­
­
­
1.00
1.00
30.00
$
­

$
1.00
$
831
831
$
25,761
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
6,732
2,883
$
156,950
Hours
and
Costs
Per
Respondent
Per
Activity
24
EXHIBIT
3
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
ESTIMATED
ANNUAL
AGENCY
BURDEN
AND
COST
STORAGE
AND
TREATMENT
CONDITIONAL
EXEMPTION
Total
Hours
and
Costs
69.49
$
61.31
$
44.11
$
18.82
$

Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
$
69.49/
$
61.31/
$
44.11/
$
18.82/
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Hour
Hour
Hour
Hour
Year
Year
Cost
Cost
Activities
Year
Year
Storage
and
Treatment
Conditional
Exemption
and
Eligibility
Review
notification
of
intent
to
claim
exemption
(
266.230(
a))
­
­
0.25
0.10
0.35
12.91
$
­

$
­

$
277
97
$
3,576
Loss
of
Conditional
Exemption
Review
written
notification
of
exemption
loss
(
266.240(
a)(
1))
­
­
0.25
0.10
0.35
12.91
$
­

$
­

$
42
15
$
542
Receive
and
review
oral
and
follow
up
notification
if
failure
endangers
human
health
or
the
environment
(
266.240(
a)(
2))
­
­
0.50
0.10
0.60
23.94
$
­

$
­

$
­
­
$
0
Review
application
for
reinstatement
of
exemption
(
266.245)
­
­
0.25
0.10
0.35
12.91
$
­

$
­

$
42
15
$
542
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
361
127
$
4,660
Hours
and
Costs
Per
Respondent
Per
Activity
EXHIBIT
2
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
ESTIMATED
ANNUAL
RESPONDENT
BURDEN
AND
COST
TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
Total
Hours
and
Costs
111.00
$
79.00
$
59.00
$
30.00
$

Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
$
111.00/
$
79.00/
$
59.00/
$
30.00/
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Hour
Hour
Hour
Hour
Year
Year
Cost
Cost
Activities
Year
Year
Reading
the
Regulations
Read
the
regulations
0.50
0.50
2.00
­
3.00
213.00
$
­

$
­

$
17
51
$
3,621
Notifications
Prepare
and
submit
notification
to
EPA
or
the
Authorized
State
(
266.345(
a))
0.10
0.25
1.00
0.25
1.60
97.35
$
­

$
3.00
$
17
27
$
1,706
Prepare
and
submit
notification
to
LLRWDF
(
prior
to
each
shipment
of
exempted
waste)
(
266.345(
b))
­
­
0.25
­
0.25
14.75
$
­

$
3.00
$
188
47
$
3,337
Record
Keeping
Copy
and
maintain
exemption
records
(
266.350)
­
­
­
1.00
1.00
30.00
$
­

$
1.00
$
50
50
$
1,550
Loss
of
Conditional
Exemption
Prepare
and
submit
notification
of
the
failure
(
266.355(
a)(
1))
0.10
0.25
1.50
0.25
2.10
126.85
$
­

$
3.00
$
3
6
$
390
Inform
EPA
Region
or
the
Authorized
State
orally
of
exemption
loss
with
a
follow­
up
notification
in
cases
of
endangerment
to
human
health
or
the
environment
(
266.355(
a)(
2))
­
0.25
0.50
­
0.75
49.25
$
­

$
5.00
$
­
­
$
0
Prepare
and
submit
the
notice
for
reinstatement
(
266.360(
a)(
2))
­
0.25
4.00
0.75
5.00
278.25
$
­

$
3.00
$
3
15
$
844
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
278
196
$
11,448
Hours
and
Costs
Per
Respondent
Per
Activity
25
EXHIBIT
4
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
ESTIMATED
ANNUAL
AGENCY
BURDEN
AND
COST
TRANSPORTATION
AND
DISPOSAL
CONDITIONAL
EXEMPTION
Total
Hours
and
Costs
69.49
$
61.31
$
44.11
$
18.82
$

Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
$
69.49/
$
61.31/
$
44.11/
$
18.82/
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Hour
Hour
Hour
Hour
Year
Year
Cost
Cost
Activities
Year
Year
Notifications
Review
initial
notification
(
266.345(
a))
­
­
0.25
0.10
0.35
12.91
$
­

$
­

$
17
6
$
219
Loss
of
Conditional
Exemption
Review
notification
of
the
failure
(
266.355(
a)(
1))
­
­
0.25
0.10
0.35
12.91
$
­

$
­

$
3
1
$
39
Receive
and
review
oral
and
follow
up
notification
if
failure
endangers
human
health
or
the
environment
(
266.355(
a)(
2))
­
­
0.50
0.10
0.60
23.94
$
­

$
­

$
­
­
$
0
Review
notification
of
reinstated
exemption
(
266.360)
­
­
0.25
0.10
0.35
12.91
$
­

$
­

$
3
1
$
39
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
23
8
$
297
Hours
and
Costs
Per
Respondent
Per
Activity
EXHIBIT
5
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
TOTAL
ESTIMATED
ANNUAL
RESPONDENT
BURDEN
AND
COST
SUMMARY
Exhibit
Title
Annual
Activities
Annual
Burden
Annual
Labor
Cost
Annual
Capital/

Startup
Cost
Annual
O&
M
Cost
Total
Annual
Cost
Exhibit
1
Storage
and
Treatment
Conditional
Exemption
6,732
2,883
$
154,079
$
0
$
2,871
$
156,950
Exhibit
2
Transportation
and
Disposal
Conditional
Exemption
278
196
$
10,765
$
0
$
683
$
11,448
Annual
Total
7,010
3,079
$
164,844
$
0
$
3,554
$
168,398
3­
Year
Total
21,030
9,237
$
494,532
$
0
$
10,662
$
505,194
26
EXHIBIT
6
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
TOTAL
ESTIMATED
ANNUAL
RESPONDENT
BURDEN
AND
COST
SUMMARY
(
INCLUDING
BURDEN
AND
COST
SAVINGS
ASSOCIATED
WITH
OTHER
ICRS)

ICR
Name
ICR
Number
Annual
Burden
Annual
Labor
Cost
Annual
Capital/

Startup
Cost
Annual
O&
M
Cost
Total
Annual
Cost
Manifest
801
(
291)
($
11,453)
$
0
($
174)
($
11,627)

Biennial
Report
976
NA*
NA*
NA*
NA*
NA*

General
Facility
Standards
1571
(
14,014)
($
708,610)
$
0
$
0
($
708,610)

Part
B
Permit
Application,
Permit
Modifications,
and
Special
Permits
1573
(
19,599)
($
1,151,550)
($
35,037)
($
1,476,567)
($
2,663,154)

Storage,
Treatment,
Transportation
and
Disposal
of
Mixed
Waste
1922
3,079
$
164,844
$
0
$
3,554
$
168,398
TOTAL
(
30,825)
($
1,706,769)
($
35,037)
($
1,473,187)
($
3,214,993)

*
Estimates
of
burden
and
cost
reductions
associated
with
the
Biennial
Report
are
not
provided
due
to
a
lack
of
available
data.

EXHIBIT
7
CONDITIONAL
EXEMPTION
FOR
LOW­
LEVEL
MIXED
WASTE
STORAGE
AND
DISPOSAL
TOTAL
ESTIMATED
ANNUAL
AGENCY
BURDEN
AND
COST
SUMMARY
Exhibit
Title
Annual
Activities
Annual
Burden
Annual
Labor
Cost
Annual
Capital/

Startup
Cost
Annual
O&
M
Cost
Total
Annual
Cost
Exhibit
3
Storage
and
Treatment
Conditional
Exemption
361
127
$
4,660
$
0
$
0
$
4,660
Exhibit
4
Transportation
and
Disposal
Conditional
Exemption
23
8
$
297
$
0
$
0
$
297
Annual
Total
384
135
$
4,957
$
0
$
0
$
4,957
3­
Year
Total
1,152
405
$
14,871
$
0
$
0
$
14,871
