SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
2106.01
"
REVISIONS
TO
THE
DEFINITION
OF
SOLID
WASTE"

March
21,
2003
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
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1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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2
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
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2
2(
b)
PRACTICAL
UTILITY
AND
USERS
OF
THE
DATA
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3
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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3
3(
a)
NONDUPLICATION
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3
3(
b)
PUBLIC
NOTICE
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3
3(
c)
CONSULTATIONS
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3
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
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4
3(
e)
GENERAL
GUIDELINES
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4
3(
f)
CONFIDENTIALITY
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4
3(
g)
SENSITIVE
QUESTIONS
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4
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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4
4(
a)
RESPONDENTS
AND
NAICS
CODES
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4
4(
b)
INFORMATION
REQUESTED
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4
5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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6
5(
a)
AGENCY
ACTIVITIES
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6
5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
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6
5(
c)
SMALL
ENTITY
FLEXIBILITY
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6
5(
d)
COLLECTION
SCHEDULE
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6
6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
COLLECTION
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6
6(
a)
ESTIMATING
RESPONDENT
HOURS
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6
6(
b)
ESTIMATING
RESPONDENT
COSTS
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7
6(
c)
ESTIMATING
AGENCY
HOUR
AND
COST
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7
6(
d)
ESTIMATING
THE
ANNUAL
RESPONDENT
UNIVERSE
AND
TOTAL
HOURS
AND
COSTS
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8
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COSTS
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14
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
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15
6(
g)
PUBLIC
BURDEN
STATEMENT
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15
APPENDIX:
TABLE
OF
POTENTIALLY
AFFECTED
INDUSTRIES
AND
NORTH
AMERICAN
INDUSTRY
CLASSIFICATION
SYSTEM
CODES
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I­
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
This
Information
Collection
Request
(
ICR)
is
entitled
"
Revisions
to
the
Definition
of
Solid
Waste,"
EPA
ICR
Number
2106.01.

1(
b)
Short
Characterization
Section
3001
of
the
Resource
Conservation
and
Recovery
Act
of
1976
(
RCRA),
as
amended,
directs
the
U.
S.
Environmental
Protection
Agency
(
EPA)
to
promulgate
regulations
identifying
the
characteristics
of
hazardous
waste
and
listing
particular
hazardous
wastes.
Under
this
authority,
EPA
established
40
CFR
Part
261,
which
identifies
four
characteristics
of
hazardous
waste
in
Subpart
C
and
includes
four
lists
of
hazardous
wastes
in
Subpart
D.
The
part
also
sets
forth
regulatory
definitions,
exclusions,
exemptions,
and
special
requirements.

The
proposed
rule
is
intended
to
revise
and
clarify
the
RCRA
definition
of
solid
waste
as
it
pertains
to
certain
types
of
hazardous
secondary
materials
that
are
not
considered
to
be
discarded,
and
thus
are
not
considered
wastes
subject
to
regulation
under
RCRA
Subtitle
C.
This
regulatory
action
was
initiated
primarily
in
response
to
the
Association
fo
Battery
Recyclers
(
ABR)
decision
and
other
decisions
by
the
United
States
Court
of
Appeals
for
the
D.
C.
Circuit,
which,
taken
together,
have
provided
the
Agency
with
additional
direction
in
this
area.
Specifically,
this
proposal
would
define
those
circumstances
under
which
materials
would
be
excluded
from
RCRA's
hazardous
waste
regulations
because
they
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry.

EPA
is
co­
proposing
two
options
to
amend
the
definition
of
solid
waste
to
conform
to
the
ABR
decision.
Under
Co­
Proposal
Option
1,
EPA
would
establish
40
CFR
261.2(
g)(
1)
through
(
4)
to
provide
that
spent
materials,
listed
sludges
and
listed
by­
products
that
are
identified
at
40
CFR
261.2(
c)(
3)
and
accompanying
Table
1
are
not
discarded,
and
therefore,
are
not
solid
wastes,
if
they
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry.
Both
the
generation
and
reclamation
of
the
hazardous
secondary
material
must
occur
within
a
single
industry
listed
in
Appendix
X
of
the
Supbart.
If
such
reclamation
produces
any
materials
that
are
sent
to
a
different
industry
for
further
reclamation,
those
materials
will
not
be
eligible
for
the
exclusion.

Materials
are
generated
and
reclaimed
in
a
continuous
process
if
(
i)
the
materials
are
not
handled
by
any
entity
or
facility
outside
of
the
generating
industry,
except
for
a
transporter;
and
(
ii)
the
materials
are
not
speculatively
accumulated,
as
defined
in
section
261.1(
c)(
8).
Generators
of
secondary
materials
that
have
previously
been
subject
to
regulation
as
hazardous
wastes,
but
which
will
be
excluded
from
regulation
under
this
paragraph,
must
send
a
one­
time
notification
to
EPA.
2
Under
Co­
Proposal
Option
2,
EPA
would
amend
40
CFR
261.2
as
provided
under
Co­
Proposal
Option
1,
with
the
addition
of
261.2(
g)(
2)(
vi).
Section
261.2(
g)(
2)(
vi)
specifies
that
the
exclusion
provided
under
261.2(
g)
for
materials
that
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry
does
not
apply
if
the
reclamation
facility
also
recycles
any
hazardous
waste
from
a
different
industry.

In
summary,
both
co­
proposals
would
require
generators
of
secondary
materials
that
have
previously
been
subject
to
regulation
as
hazardous
wastes,
but
which
will
be
excluded
from
regulation
under
261.2(
g),
to
send
a
one­
time
notification
to
EPA,
as
required
at
261.2(
g)(
4).
The
difference
between
co­
proposals
is
that,
under
Co­
Proposal
Option
2,
EPA
proposes
that
hazardous
secondary
materials
that
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry
would
not
be
eligible
for
the
exclusion,
if
the
reclamation
takes
place
at
a
facility
that
also
recycles
regulated
hazardous
wastes
generated
in
a
different
industry.

This
ICR
examines
the
proposed
notification
requirement
at
261.2(
g)(
4).
In
Sections
1
through
5
of
the
ICR,
EPA
describes
the
notification
requirement
(
e.
g.,
use/
need
of
information,
collection
frequency)
and
associated
respondent
and
Agency
activities.
In
Section
6,
EPA
estimates
the
total
annual
hour
and
cost
burden
to
respondents
and
the
Agency
under
the
notification
requirement
for
both
co­
proposals.
In
addition,
EPA
estimates
the
total
annual
hour
and
cost
savings
to
respondents
under
the
proposed
notification
requirement
and
existing
RCRA
paperwork
requirements
for
both
co­
proposals.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need
and
Authority
for
the
Collection
Under
Section
3001
of
RCRA,
Congress
directed
EPA
to
promulgate
regulations
identifying
the
characteristics
of
hazardous
waste
and
listing
particular
hazardous
wastes.
Congress
provided
that
EPA
may
need
to
revise
these
regulations
from
time
to
time.
In
addition,
RCRA
Sections
2002
and
3007
provide
authority
to
EPA
to
require
industry
to
submit
and/
or
keep
records
of
documentation,
as
appropriate.
In
particular,
RCRA
Section
2002
provides
that,
in
carrying
out
the
Act,
EPA
is
authorized
to
prescribe,
in
consultation
with
Federal,
State,
and
regional
authorities,
such
regulations
(
including
information
collection
requirements)
as
are
necessary
to
carry
out
its
functions
under
the
Act.
EPA
believes
that
the
proposed
paperwork
is
necessary
to
ensure
protective
waste
management.

The
proposed
exclusion,
when
finalized,
will
be
self­
implementing,
as
are
many
other
regulatory
determinations
under
RCRA.
The
proposed
notification
requirement
would
address
concerns
expressed
by
some
stakeholders,
especially
States,
about
obtaining
knowledge
of
facilities
that
will
be
excluded
because
their
recycling
is
part
of
a
continuous
process
within
the
generating
industry.
These
stakeholders
believe
that
notification
of
a
facility's
basis
for
claiming
the
exclusion
would
allow
authorized
States
or
EPA
Regions
to
more
effectively
render
assistance
to
recyclers
wishing
to
ensure
that
their
operations
are
within
the
exclusion.
3
2(
b)
Practical
Utility
and
Users
of
the
Data
The
notifications
could
be
used
by
authorized
States
or
EPA
Regions
to
find
out
about
claims
for
exclusions
that
were
unjustified.
Facilities
claiming
unjustified
exclusions
could
then
be
contacted
relatively
quickly,
rather
than
after
the
occurrence
of
possibly
damaging
environmental
incidents.
Some
stakeholders
believe
that
such
incidents
are
generally
more
likely
to
occur
at
recycling
facilities,
making
notification
even
more
important
for
these
types
of
operations.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
None
of
the
information
required
by
the
proposed
rule
is
duplicative
with
any
information
required
by
the
existing
RCRA
regulations.
The
information
in
the
notification
is
necessary
for
EPA
to
learn
about
the
claimant
and
the
excluded
waste.

3(
b)
Public
Notice
To
assist
the
public
in
commenting
on
the
proposal,
EPA
raised
a
number
of
issues
in
the
preamble
to
the
proposed
rule
and
asked
for
the
public
to
comment
on
them.
At
the
end
of
the
comment
period,
EPA
will
review
public
comments
received
in
response
to
the
notice
and
will
address
comments
received
on
hour
and
cost
burden,
as
appropriate.

3(
c)
Consultations
EPA
is
planning
to
conduct
consultations
with
industry,
if
appropriate,
in
completing
the
ICR
supporting
the
final
rule.

3(
d)
Effects
of
Less
Frequent
Collection
Persons
claiming
the
exclusion
must
submit
a
one­
time
notice
to
the
EPA
or
authorized
State
agency.
EPA
believes
this
one­
time
submittal
is
needed
to
notify
the
Agency
of
the
exclusion
claim
so
that
it
may
contact
the
claimant
if
necessary.
EPA
proposes
not
to
require
any
other
formal
notification
to
the
regulatory
agency.

No
other
collection
frequency
is
specified
in
the
rule.

3(
e)
General
Guidelines
This
ICR
adheres
to
the
guidelines
stated
in
the
Paperwork
Reduction
Act
of
1995,
OMB's
implementing
regulations,
EPA's
Information
Collection
Review
Handbook,
and
other
applicable
OMB
guidance.
4
3(
f)
Confidentiality
Section
3007(
b)
of
RCRA
and
40
CFR
Part
2,
Subpart
B,
which
define
EPA's
general
policy
on
public
disclosure
of
information,
contain
provisions
for
confidentiality.
However,
the
Agency
does
not
anticipate
that
businesses
will
assert
a
claim
of
confidentiality
covering
all
or
part
of
the
proposed
rule.
If
such
a
claim
were
asserted,
EPA
must
and
will
treat
the
information
in
accordance
with
the
regulations
cited
above.
EPA
also
will
assure
that
this
information
collection
complies
with
the
Privacy
Act
of
1974
and
OMB
Circular
108.

3(
g)
Sensitive
Questions
No
questions
of
a
sensitive
nature
are
included
in
the
information
collection
requirement
associated
with
the
proposed
rule.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
The
North
American
Industry
Classification
System
(
NAICS)
codes
associated
with
industries
potentially
affected
by
the
proposed
paperwork
requirement
under
both
co­
proposals
are
listed
in
the
Appendix.

4(
b)
Information
Requested
One­
time
Notification
Under
Co­
Proposal
Option
1,
EPA
would
establish
40
CFR
261.2(
g)(
1)
through
(
4)
to
provide
that
spent
materials,
listed
sludges
and
listed
by­
products
that
are
identified
at
40
CFR
261.2(
c)(
3)
and
accompanying
Table
1
are
not
discarded,
and
therefore,
are
not
solid
wastes,
if
they
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry.
Both
the
generation
and
reclamation
of
the
hazardous
secondary
material
must
occur
within
a
single
industry
listed
in
Appendix
X
of
the
Supbart.
If
such
reclamation
produces
any
materials
that
are
sent
to
a
different
industry
for
further
reclamation,
those
materials
will
not
be
eligible
for
the
exclusion.

Materials
are
generated
and
reclaimed
in
a
continuous
process
if
(
i)
the
materials
are
not
handled
by
any
entity
or
facility
outside
of
the
generating
industry,
except
for
a
transporter;
and
(
ii)
the
materials
are
not
speculatively
accumulated,
as
defined
in
section
261.1(
c)(
8).
Generators
of
secondary
materials
that
have
previously
been
subject
to
regulation
as
hazardous
wastes,
but
which
will
be
excluded
from
regulation
under
this
paragraph,
must
send
a
one­
time
notification
to
EPA.
5
Under
Co­
Proposal
Option
2,
EPA
would
amend
40
CFR
261.2
as
provided
under
Co­
Proposal
Option
1,
with
the
addition
of
261.2(
g)(
2)(
vi).
Section
261.2(
g)(
2)(
vi)
specifies
that
the
exclusion
provided
under
261.2(
g)
for
materials
that
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry
does
not
apply
if
the
reclamation
facility
also
recycles
any
hazardous
waste
from
a
different
industry.

In
summary,
both
co­
proposals
would
require
generators
of
secondary
materials
that
have
previously
been
subject
to
regulation
as
hazardous
wastes,
but
which
will
be
excluded
from
regulation
under
261.2(
g),
to
send
a
one­
time
notification
to
EPA
under
261.2(
g)(
4).
The
basic
difference
between
co­
proposals
is
that,
under
Co­
Proposal
Option
2,
EPA
proposes
that
hazardous
secondary
materials
that
are
generated
and
reclaimed
in
a
continuous
process
within
the
same
industry
would
not
be
eligible
for
the
exclusion,
if
the
reclamation
takes
place
at
a
facility
that
also
recycles
regulated
hazardous
wastes
generated
in
a
different
industry.

(
i)
Data
Items
°
A
one­
time
notification
that
includes
the
following
information:
­
Name
of
facility;
­
Address
of
facility;
­
EPA
ID
number
(
if
applicable);
­
Name
and
phone
number
of
contact
person;
­
Type
of
material
that
will
be
excluded;
and
­
Industry
that
generated
the
material,
as
classified
according
to
Appendix
X
of
Part
261.

(
ii)
Respondent
Activities
°
Read
the
rule;
and
°
Prepare
and
submit
the
notification.

5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
Under
the
co­
proposal
options,
the
Agency
will
receive,
review
and
file
the
one­
time
notice
submitted
by
facilities.
There
are
no
other
Agency
paperwork
activities
under
the
rule.

5(
b)
Collection
Methodology
and
Management
The
Agency
would
receive,
review
and
file
the
notification
from
facilities.

5(
c)
Small
Entity
Flexibility
6
1
Available
at
http://
www.
bls.
gov/
oes/
2001/
oes_
nat.
htm.
EPA
believes
that
co­
proposals
will
not
have
adverse
burden
impacts
on
small
entities.
First,
the
co­
proposals
would
reduce
the
RCRA
requirements
for
facilities
that
generate
materials
which
are
reclaimed
and
legitimately
reused
in
a
continuous
process
within
the
same
industry.
In
this
regard,
the
co­
proposals
are
de­
regulatory;
both
small
and
large
entities
could
benefit
from
reduced
hazardous
waste
management
costs.
In
addition,
the
exclusion
would
be
non­
mandatory,
i.
e.,
entities
need
not
claim
the
exclusion
unless
it
is
cost­
effective
for
them.

5(
d)
Collection
Schedule
Persons
claiming
the
exclusion
must
prepare
and
submit
a
one­
time
notice
to
the
regulatory
agency.
EPA
proposes
not
to
require
any
other
formal
notification
to
the
regulatory
agency.

No
other
collection
schedule
is
specified
in
the
rule.

6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Hours
EPA
estimates
the
annual
respondent
hours
associated
with
the
proposed
paperwork
requirement
under
Co­
Proposal
Options
1
and
2
in
Exhibit
1.
EPA
estimates
the
annual
respondent
hours
under
the
proposed
and
existing
RCRA
paperwork
requirements
in
Exhibit
3
for
both
co­
proposals.

6(
b)
Estimating
Respondent
Costs
(
1)
Labor
Costs
EPA
estimates
an
average
hourly
respondent
labor
cost
of
$
78.79
for
legal
staff,
$
38.35
for
managerial
staff,
$
25.03
for
technical
staff,
and
$
19.72
for
clerical
staff.
To
arrive
at
these
estimates,
EPA
referred
to
the
National
Occupational
Employment
and
Wage
Estimates
developed
by
the
Occupational
Employment
Statistics
Program
of
the
U.
S.
Bureau
of
Labor
Statistics.
1
This
publication
summarizes
the
unloaded
(
base)
hourly
rate
for
various
labor
categories
in
U.
S.
firms.
EPA
then
applied
a
fringe/
overhead
factor
of
1.651
to
the
unloaded
7
2
Fringe/
overhead
factor
based
on
information
from
Employer
Costs
for
Employee
Compensation,
U.
S.
Bureau
of
Labor
Statistics,
March
2001,
Full
Cost
Accounting
in
Action:
Case
Studies
of
Six
Waste
Management
Activities,
EPA,
December
1998;
and
Full
Cost
Accounting
for
Municipal
Solid
Waste
Management:
A
Handbook,
EPA,
September
1997.

3
Adjustment
factors
based
on
Employment
Cost
Indexes
developed
by
the
U.
S.
Bureau
of
Labor
Statistics.
Available
at:
http://
www.
bls.
gov/
ncs/
ect/.
rates
of
the
labor
categories
to
derive
their
loaded
hourly
rates.
2
Finally,
EPA
applied
adjustment
factors
as
appropriate
to
update
the
loaded
hourly
rates
to
2003
levels.
3
Using
the
total
burden
hours
discussed
in
Section
6(
a)
and
the
hourly
wage
rates
outlined
in
this
section,
Exhibit
1
illustrates
the
labor
costs
associated
with
the
information
collection
requirements
covered
in
this
ICR.

(
2)
Capital
and
Operation/
Maintenance
Costs
Capital
costs
usually
include
any
produced
physical
good
needed
to
provide
the
needed
information,
such
as
machinery,
computers,
and
other
equipment.
Operation
and
maintenance
(
O&
M)
costs
are
those
costs
associated
with
a
paperwork
requirement
incurred
continually
over
the
life
of
the
ICR.
They
are
defined
by
the
Paperwork
Reduction
Act
of
1995
as
"
the
recurring
dollar
amount
of
costs
associated
with
O&
M
or
purchasing
services."
This
ICR
estimates
postage
costs
(
for
certified
delivery)
for
submitting
the
notification
to
the
regulatory
agency.
These
costs
are
shown
in
Exhibit
1.

6(
c)
Estimating
Agency
Hours
and
Costs
EPA
estimates
the
Agency
hour
and
cost
burden
associated
with
the
proposed
paperwork
requirement
under
both
co­
proposals
in
Exhibit
2.
Based
on
the
"
General
Schedule
(
GS)
Salary
Table
2003,"
EPA
estimates
an
average
hourly
labor
rate
of
$
65.28
for
legal
staff
(
GS­
15,
Step
1),
$
59.18
for
managerial
staff
(
GS­
14,
Step
3),
$
42.83
for
technical
staff
(
GS­
11,
Step
10),
and
$
19.78
for
clerical
staff
(
GS­
5,
Step
4).
To
derive
these
hourly
estimates,
EPA
multiplied
the
basic
hourly
rates
by
the
standard
government
overhead
factor
of
1.6.

6(
d)
Estimating
the
Annual
Respondent
Universe
and
Total
Hours
and
Cost
In
this
section,
EPA
first
describes
the
respondent
universe
affected
by
both
coproposals
EPA
then
estimates
the
annual
burden
to
respondents
under
both
co­
proposals.
Finally,
EPA
estimates
the
annual
burden
to
respondents
under
the
proposed
and
existing
RCRA
paperwork
requirements
for
both
co­
proposals.
8
Respondent
Universe
EPA
estimates
that
under
Co­
Proposal
Option
1,
1,397
facilities
would
claim
the
exclusion
for
materials
that
are
generated,
reclaimed,
and
legitimately
reused
in
a
continuous
process
within
the
same
industry.
EPA
estimates
that
under
Co­
Proposal
Option
2,
1,142
facilities
would
claim
the
exclusion
for
materials
that
are
generated,
reclaimed,
and
legitimately
reused
in
a
continuous
process
within
the
same
industry.
Table
2
presents
the
number
of
facilities
that
are
likely
to
claim
the
exclusion
under
each
Co­
proposal
Option.
These
assumptions
are
based
on
the
Economic
Assessment
supporting
the
proposed
rule.
The
following
paragraphs
discuss
these
universe
assumptions
in
relation
to
the
paperwork
requirements.

Table
2.
Number
of
Claimants
Co­
Proposal
Number
of
Claimants
Option
1
1,397
Option
2
1,142
Annual
Respondent
Hour
and
Cost
Burden
under
the
Proposed
Rule
(
1)
Reading
the
Rule
EPA
assumes
that,
under
Co­
Proposal
Option
1,
the
1,397
facilities
will
read
the
proposed
rule
once
during
the
three­
year
life
of
this
ICR.
[
Note
that
Exhibit
1
presents
the
hour
and
cost
burden
to
respondents
on
an
annualized
basis.
The
exhibit
presents
the
hour
and
cost
burden
of
one­
time
activities
(
i.
e.,
activities
conducted
once
during
the
three­
year
life
of
this
ICR)
by
dividing
the
number
of
respondents
by
three.]
Thus,
the
ICR
estimates
that
466
facilities
will
read
the
regulations
each
year
on
average
(
i.
e.,
1,397
facilities
/
3
years
=
466
facilities/
year).
This
assumption
is
reflected
in
Exhibit
1.

EPA
estimates
that,
under
Co­
Proposal
Option
2,
1,142
facilities
will
read
the
proposed
rule
once
during
the
three­
year
life
of
this
ICR.
[
Note
that
Exhibit
1
presents
the
hour
and
cost
burden
to
respondents
on
an
annualized
basis.
The
exhibit
presents
the
hour
and
cost
burden
of
one­
time
activities
(
i.
e.,
activities
conducted
once
during
the
three­
year
life
of
this
ICR)
by
dividing
the
number
of
respondents
by
three.]
Thus,
the
ICR
estimates
that
381
facilities
will
read
the
regulations
each
year
on
average
(
i.
e.,
1,142
facilities
/
3
years
=
381
facilities/
year).
This
assumption
is
reflected
in
Exhibit
1.

(
2)
One­
time
Notification
EPA
estimates
that,
under
Co­
Proposal
Option
1,
1,397
facilities
will
submit
the
one­
time
notification.
Thus,
the
ICR
estimates
that
466
facilities
under
Co­
Proposal
Option
1
will
prepare
9
4
Note
that
there
are
no
capital
costs
associated
with
the
affected
information
collection
requirements
in
these
ICRs.
and
submit
the
notification
each
year,
on
average
(
i.
e.,
1,397
facilities
/
3
years
=
466
facilities/
year).
This
assumption
is
reflected
in
Exhibit
1.

EPA
estimates
that,
under
Co­
Proposal
Option
2,
1,142
facilities
will
submit
the
one­
time
notification.
Thus,
the
ICR
estimates
that
381
facilities
under
Co­
Proposal
Option
2
will
prepare
and
submit
the
notification
each
year,
on
average
(
i.
e.,
1,142
facilities
/
3
years
=
381
facilities/
year).
This
assumption
is
reflected
in
Exhibit
1.

Annual
Respondent
Hour
and
Cost
Burden
under
Proposed
Rule
and
Existing
RCRA
Information
Collection
Requirements
Exhibit
3
presents
the
incremental
hour
and
cost
burden
to
claimants
under
Co­
Proposal
Options
1
and
2.
It
also
shows
the
annual
hour
and
cost
impacts
under
the
existing
RCRA
paperwork
requirements
for
the
excluded
wastes
under
both
co­
proposals.
The
exhibit
presents
total
annual
respondent
hours
and
costs
broken
out
by
the
EPA
ICRs
affected
by
the
proposed
rule.

Following
are
the
affected
ICRs,
along
with
a
brief
description
of
relevant
assumptions:
4
°
Manifest
ICR
(
EPA
ICR
Number
801):
Generators
are
expected
to
be
relieved
of
manifesting
their
excluded
waste
under
the
proposal.
O&
M
costs
are
associated
with
postage
for
sending
and
returning
copies
of
the
manifest
forms.

°
Generator
Standards
ICR
(
EPA
ICR
Number
820):
A
number
of
large
quantity
generators
(
LQGs)
generating
excluded
waste
under
261.2(
g)
are
expected
to
become
small
quantity
generators
(
SQGs)
or
conditionally
exempt
small
quantity
generators
(
CESQGs)
under
the
rule,
i.
e.,
their
excluded
waste
will
not
count
toward
their
generator
status
determinations.
In
addition,
a
number
of
SQGs
are
expected
to
become
CESQGs
under
the
rule.
O&
M
costs
are
associated
with
postage
for
sending
various
documents
to
EPA.


Biennial
Report
ICR
(
EPA
ICR
Number
976):
LQGs
are
expected
to
be
relieved
of
the
need
to
prepare
a
Waste
Generation
and
Management
(
GM)
Form
for
their
excluded
waste.
Destination
facilities
will
be
relieved
of
the
need
to
prepare
a
Waste
Received
from
Off­
Site
(
WR)
Form.
O&
M
costs
are
associated
with
maintaining
copies
of
GM
and
WR
Forms.

°
Specific
Units
ICR
(
EPA
ICR
Number1572):
EPA
assumes
that
recyclers
with
a
storage
permit
will
be
relieved
of
the
need
to
comply
with
their
permit
conditions
for
their
storage
units,
if
they
receive
and
recycle
only
hazardous
materials
10
generated
and
reclaimed
within
their
same
four
digit
SIC
code.
Based
on
1999
BRS
data,
EPA
estimates
that,
each
year,
approximately
12
recyclers
would
be
relieved
of
these
requirements.

°
Part
B
ICR
(
EPA
ICR
Number
1573):
EPA
assumes
that
recyclers
with
a
storage
permit
will
be
relieved
of
the
need
for
a
permit
under
the
rule,
if
they
receive
and
recycle
only
hazardous
materials
generated
and
reclaimed
within
their
same
four
digit
SIC
code.
Based
on
1999
BRS
data,
EPA
estimates
that,
each
year,
approximately
12
recyclers
would
be
relieved
of
the
requirement
to
renew
their
permit.
11
Exhibit
1
Estimated
Annual
Respondent
Hour
and
Cost
Burden
Under
Proposed
Requirement
Legal
@
Managerial
@
Technical
@
Clerical
@

INFORMATION
COLLECTION
ACTIVITY
$
78.79/
Hr
$
38.35/
Hr
$
25.03/
Hr
$
19.72/
Hr
Co­
Proposal
Option
1
Read
the
rule
0.00
0.10
0.25
0.00
0.35
$
10.09
$
0.00
$
0.00
466
163.10
$
4,702.00
$
0.00
$
0.00
$
4,702.00
Prepare
and
submit
notification
0.00
0.00
0.17
0.00
0.17
$
4.26
$
0.00
$
2.50
466
79.22
$
1,985.00
$
0.00
$
1,165.00
$
3,150.00
TOTAL
0.00
0.10
0.42
0.00
0.52
$
14.35
$
0.00
$
2.50
466
242.32
$
6,687.00
$
0.00
$
1,165.00
$
7,852.00
Co­
Proposal
Option
2
Read
the
rule
0.00
0.10
0.25
0.00
0.35
$
10.09
$
0.00
$
0.00
381
133.35
$
3,844.00
$
0.00
$
0.00
$
3,844.00
Prepare
and
submit
notification
0.00
0.00
0.17
0.00
0.17
$
4.26
$
0.00
$
2.50
381
64.77
$
1,623.00
$
0.00
$
953.00
$
2,576.00
TOTAL
0.00
0.10
0.42
0.00
0.52
$
14.35
$
0.00
$
2.50
381
198.12
$
5,467.00
$
0.00
$
953.00
$
6,420.00
Total
Hours/

Year
Total
Labor
Costs/
Year
Total
Capital
Cost/
Year
One­
time
Notification
Total
O&
M
Costs/
Year
Total
Cost/
Year
Hours
and
Costs
per
Respondent
Total
Hours
and
Costs
Respondent
Hours
Labor
Cost
Capital/
Startup
Costs
O&
M
Costs
Number
of
Respondents
12
Exhibit
2
Estimated
Annual
Agency
Hour
and
Cost
Burden
Under
Proposed
Requirement
Legal
@
Managerial
@
Technical
@
Clerical
@

INFORMATION
COLLECTION
ACTIVITY
$
65.28/
Hr
$
59.18/
Hr
$
42.83/
Hr
$
19.78/
Hr
Co­
Proposal
Option
1
Receive
and
review
notification
form
0.00
0.10
0.50
0.00
0.60
$
27.33
$
0.00
$
0.00
466
279.60
$
12,736.00
$
0.00
$
0.00
$
12,736.00
TOTAL
0.00
0.10
0.50
0.00
0.60
$
27.33
$
0.00
$
0.00
466
279.60
$
12,736.00
$
0.00
$
0.00
$
12,736.00
Co­
Proposal
Option
2
Receive
and
review
notification
form
0.00
0.10
0.50
0.00
0.60
$
27.33
$
0.00
$
0.00
381
228.60
$
10,413.00
$
0.00
$
0.00
$
10,413.00
TOTAL
0.00
0.10
0.50
0.00
0.60
$
27.33
$
0.00
$
0.00
381
228.60
$
10,413.00
$
0.00
$
0.00
$
10,413.00
Total
Cost/
Year
Notification
Form
Agency
Hours
and
Costs
Total
Hours
and
Costs
Agency
Hours
Labor
Cost
Capital/
Startup
Costs
O&
M
Costs
Number
of
Respondents
Total
Hours/

Year
Total
Labor
Costs/
Year
Total
Capital
Cost/
Year
Total
O&
M
Costs/
Year
13
Exhibit
3
Respondent
Burden
Impacts
Under
Proposed
and
Existing
Requirement
*

ICR
Name
ICR
Number
Total
Hours/
Year
Total
Labor
Cost/
Year
Total
Annual
Capital
Cost
Total
Annual
O&
M
Cost
Total
Cost
Co­
Proposal
1
ABR
Notification
ICR
2106
242.32
$
6,687.00
$
0.00
$
1,165.00
$
7,852.00
Manifest
ICR
801
(
12,515.00)
($
519,543.00)
$
0.00
($
7,360.00)
($
526,903.00)

Generator
Standards
ICR
820
(
1,840.00)
($
95,558.00)
$
0.00
($
6.00)
($
95,564.00)

Biennial
Report
ICR
976
(
4,715.00)
($
255,973.00)
$
0.00
($
722.00)
($
256,695.00)

Specific
Units
ICR
1572
(
8,510.90)
($
158,316.00)
$
0.00
($
3,908.20)
($
162,224.20)

Part
B
ICR
1573
(
1,353.00)
($
74,250.00)
$
0.00
($
36.00)
($
74,286.00)

TOTAL
(
28,691.58)
($
1,096,953.00)
$
0.00
($
10,867.20)
($
1,107,820.20)

Co­
Proposal
2
ABR
Notification
ICR
2106
198.12
$
5,467.00
$
0.00
$
953.00
$
6,420.00
Manifest
ICR
801
(
8,299.00)
($
347,264.00)
$
0.00
($
4,797.00)
($
352,061.00)

Generator
Standards
ICR
820
(
1,680.00)
($
87,252.00)
$
0.00
($
6.00)
($
87,258.00)

Biennial
Report
ICR
976
(
3,239.00)
($
177,456.00)
$
0.00
($
576.00)
($
178,031.00)

Specific
Units
ICR
1572
(
8,510.90)
($
158,316.00)
$
0.00
($
3,908.20)
($
162,224.20)

Part
B
ICR
1573
(
1,353.00)
($
74,250.00)
$
0.00
($
36.00)
($
74,286.00)

TOTAL
(
22,883.78)
($
839,071.00)
$
0.00
($
8,370.20)
($
847,440.20)

*
Table
contains
rounding.
14
6(
e)
Bottom
Line
Burden
Hours
and
Costs
Respondent
Tally
Proposed
Notification
Requirement
EPA
presents
the
total
annual
respondent
hour
and
cost
burden
under
the
proposed
notification
requirement
in
Exhibit
1
for
both
co­
proposals.

Under
Co­
Proposal
Option
1,
EPA
estimates
the
total
annual
burden
to
respondents
to
be
approximately
242
hours
and
$
7,852.
The
total
bottom­
line
burden
to
respondents
over
three
years
is
estimated
to
be
approximately
726
hours
and
$
23,556.

Under
Co­
Proposal
Option
2,
EPA
estimates
the
total
annual
burden
to
respondents
to
be
approximately
198
hours
and
$
6,420.
The
total
bottom­
line
burden
to
respondents
over
three
years
is
estimated
to
be
approximately
594
hours
and
$
19,260.

Proposed
and
Existing
Requirements
In
Exhibit
3,
EPA
tallies
respondents'
burden
impacts
under
the
proposed
notification
requirement
and
existing
RCRA
requirements,
in
order
to
derive
aggregate
impacts
under
each
co­
proposal.

Under
Co­
Proposal
Option
1,
EPA
estimates
the
total
annual
aggregate
burden
savings
to
respondents
to
be
approximately
28,692
hours
and
$
1,107,820.
The
total
bottom­
line
burden
savings
over
three
years
is
estimated
to
be
approximately
86,076
hours
and
$
3,323,460.

Under
Co­
Proposal
Option
2,
EPA
estimates
the
total
annual
aggregate
burden
savings
to
respondents
to
be
approximately
22,884
hours
and
$
847,440.
The
total
bottom­
line
burden
savings
over
three
years
is
estimated
to
be
approximately
68,652
hours
and
$
2,542,320.

Agency
Tally
EPA
presents
the
total
annual
Agency
hour
and
cost
burden
under
the
proposed
notification
requirement
in
Exhibit
2
for
both
co­
proposals.

Under
Co­
Proposal
Option
1,
EPA
estimates
the
total
annual
burden
to
the
Agency
under
the
proposed
rule
to
be
about
280
hours
and
$
12,736.
The
total
bottom­
line
burden
to
the
Agency
over
three
years
is
estimated
to
be
about
840
hours
and
$
38,208.

Under
Co­
Proposal
Option
2,
EPA
estimates
the
total
annual
burden
to
the
Agency
under
the
proposed
rule
to
be
about
229
hours
and
$
10,413.
The
total
bottom­
line
burden
to
the
Agency
over
three
years
is
estimated
to
be
about
687
hours
and
$
31,239.
15
6(
f)
Reasons
for
Change
In
Burden
EPA
believes
the
proposed
notification
requirement
is
needed
to
ensure
safe
and
compliant
management
of
excluded
materials.
Because
the
exclusion
at
261.2(
g)
is
selfimplementing
EPA
believes
that
submittal
of
the
notification
is
necessary
to
inform
the
regulatory
agency
of
the
exclusion
claim
and
the
claimant's
excluded
materials.
As
shown
in
Exhibit
3,
EPA
believes
the
notification
requirement
would
result
in
only
a
minor
burden
to
respondents.
This
burden
would
be
greatly
offset
by
the
expected
savings
for
no
longer
complying
with
the
existing
RCRA
paperwork
requirements
for
the
excluded
materials.

6(
g)
Public
Burden
Statement
The
annual
public
reporting
burden
from
the
one­
time
notification
requirement
is
estimated
to
be
about
30
minutes
per
respondent.
This
includes
time
for
reading
the
rule
and
preparing/
submitting
the
one­
time
notification.

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.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
RCRA­
2002­
0031,
which
is
available
for
public
viewing
at
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
RCRA
Docket
is
(
202)
566­
0270.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
(
RCRA­
2002­
0031)
in
any
correspondence.
APPENDIX:

TABLE
OF
POTENTIALLY
AFFECTED
INDUSTRIES
AND
NORTH
AMERICAN
INDUSTRY
CLASSIFICATION
SYSTEM
CODES
I
­
1
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
1111
Oilseed
and
Grain
Farming
1112
Vegetable
and
Melon
Farming
1113
Fruit
and
Tree
Nut
Farming
1114
Greenhouse,
Nursery,
and
Floriculture
Production
1119
Other
Crop
Farming
1121
Cattle
Ranching
and
Farming
1122
Hog
and
Pig
Farming
1123
Poultry
and
Egg
Production
1124
Sheep
and
Goat
Farming
1125
Animal
Aquaculture
1129
Other
Animal
Production
1131
Timber
Tract
Operations
1133
Logging
1141
Fishing
1142
Hunting
and
Trapping
1151
Support
Activities
for
Crop
Production
1152
Support
Activities
for
Animal
Production
1153
Support
Activities
for
Forestry
2111
Oil
and
Gas
Extraction
2121
Coal
Mining,

2122
Metal
Ore
Mining
2123
Nonmetallic
Mineral
Mining
and
Quarrying
2131
Support
Activities
for
Mining
2211
Electric
Power
Generation,
Transmission
and
Distribution
2212
Natural
Gas
Distribution
2213
Water,
Sewage
and
Other
Systems
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
2
2361
Residential
Building
Construction
2362
Nonresidential
Building
Construction
2371
Utility
System
Construction
2372
Land
Subdivision
2379
Other
Heavy
and
Civil
Engineering
Construction
2381
Foundation,
Structure,
and
Building
Exterior
Contractors
2382
Building
Equipment
Contractors
2383
Building
Finishing
Contractors
2389
Other
Specialty
Trade
Contractors
3111
Animal
Food
Manufacturing
3112
Grain
and
Oilseed
Milling
3113
Sugar
and
Confectionery
Product
Manufacturing
3114
Fruit
and
Vegetable
Preserving
and
Specialty
Food
Manufacturing
3115
Dairy
Product
Manufacturing
3116
Animal
Slaughtering
and
Processing
3117
Seafood
Product
Preparation
and
Packaging
3118
Bakeries
and
Tortilla
Manufacturing
3119
Other
Food
Manufacturing
3121
Beverage
Manufacturing
3122
Tobacco
Manufacturing
3131
Fiber,
Yarn,
and
Thread
Mills
3132
Fabric
Mills
3133
Textile
and
Fabric
Finishing
and
Fabric
Coating
Mills
3141
Textile
Furnishings
Mills
3149
Other
Textile
Product
Mills
3151
Apparel
Knitting
Mills
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
3
3152
Cut
and
Sew
Apparel
Manufacturing
3159
Apparel
Accessories
and
Other
Apparel
Manufacturing
3161
Leather
and
Hide
Tanning
and
Finishing
3162
Footwear
Manufacturing
3169
Other
Leather
and
Allied
Product
Manufacturing
3211
Sawmills
and
Wood
Preservation
3212
Veneer,
Plywood,
and
Engineered
Wood
Product
Manufacturing
3219
Other
Wood
Product
Manufacturing
3221
Pulp,
Paper,
and
Paperboard
Mills
3222
Converted
Paper
Product
Manufacturing
3231
Printing
and
Related
Support
Activities
3241
Petroleum
and
Coal
Products
Manufacturing
3251
Basic
Chemical
Manufacturing
3252
Resin,
Synthetic
Rubber,
and
Artificial
Synthetic
Fibers
and
Filaments
Manufacturing
3253
Pesticide,
Fertilizer,
and
Other
Agricultural
Chemical
Manufacturing
3254
Pharmaceutical
and
Medicine
Manufacturing
3255
Paint,
Coating,
and
Adhesive
Manufacturing
3256
Soap,
Cleaning
Compound,
and
Toilet
Preparation
Manufacturing
(
except
for
thirdparty
operations
that
reclaim
dry
cleaning
fluids
at
sites
that
do
not
conduct
drycleaning

3259
Other
Chemical
Product
and
Preparation
Manufacturing
(
except
for
third­
party
operations
that
reclaim
degreasing
solvents
at
sites
that
do
not
conduct
degreasing
operations).

3261
Plastics
Product
Manufacturing
3262
Rubber
Product
Manufacturing
3271
Clay
Product
and
Refractory
Manufacturing
3272
Glass
and
Glass
Product,
Manufacturing
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
4
3273
Cement
and
Concrete
Product
Manufacturing
3274
Lime
and
Gypsum
Product
Manufacturing
3279
Other
Nonmetallic
Mineral
Product
Manufacturing
3311
Iron
and
Steel
Mills
and
Ferro
alloy
Manufacturing
3312
Steel
Product
Manufacturing
from
Purchased
Steel
3313
Alumina
and
Aluminum
Production
and
Processing
3314
Nonferrous
Metal
(
except
Aluminum)
Production
and
Processing
3315
Foundries
3321
Forging
and
Stamping
3322
Cutlery
and
Handtool
Manufacturing
3323
Architectural
and
Structural
Metals
Manufacturing
3324
Boiler,
Tank,
and
Shipping
Container
Manufacturing
3325
Hardware
Manufacturing
3326
Spring
and
Wire
Product
Manufacturing
3327
Machine
Shops;
Turned
Product;
and
Screw,
Nut,
and
Bolt
Manufacturing
3328
Coating,
Engraving,
Heat
Treating,
and
Allied
Activities
3329
Other
Fabricated
Metal
Product
Manufacturing
3331
Agriculture,
Construction,
and
Mining
Machinery
Manufacturing
3332
Industrial
Machinery
Manufacturing
3333
Commercial
and
Service
Industry
Machinery
Manufacturing
3334
Ventilation,
Heating,
Air­
Conditioning,
and
Commercial
Refrigeration
Equipment
Manufacturing
3335
Metalworking
Machinery
Manufacturing
3336
Engine,
Turbine,
and
Power
Transmission
Equipment
Manufacturing
3339
Other
General
Purpose
Machinery
Manufacturing
3341
Computer
and
Peripheral
Equipment
Manufacturing
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
5
3342
Communications
Equipment
Manufacturing
3343
Audio
and
Video
Equipment
Manufacturing
3344
Semiconductor
and
Other
Electronic
Component
Manufacturing
3345
Navigational,
Measuring,
Electromedical,
and
Control
Instruments
Manufacturing
3346
Manufacturing
and
Reproducing
Magnetic
and
Optical
Media
3351
Electric
Lighting
Equipment
Manufacturing
3352
Household
Appliance
Manufacturing
3353
Electrical
Equipment
Manufacturing
3359
Other
Electrical
Equipment
and
Component
Manufacturing
3361
Motor
Vehicle
Manufacturing
3362
Motor
Vehicle
Body
and
Trailer
Manufacturing
3363
Motor
Vehicle
Parts
Manufacturing
3364
Aerospace
Product
and
Parts
Manufacturing
3365
Railroad
Rolling
Stock
Manufacturing
3366
Ship
and
Boat
Building
3369
Other
Transportation
Equipment
Manufacturing
3371
Household
and
Institutional
Furniture
and
Kitchen
Cabinet
Manufacturing
3372
Office
Furniture
(
including
Fixtures)
Manufacturing
3379
Other
Furniture
Related
Product
Manufacturing
3391
Medical
Equipment
and
Supplies
Manufacturing
3399
Other
Miscellaneous
Manufacturing
4231
Motor
Vehicle
and
Motor
Vehicle
Parts
and
Supplies
Merchant
Wholesalers
4232
Furniture
and
Home
Furnishing
Merchant
Wholesalers
4233
Lumber
and
Other
Construction
Materials
Merchant
Wholesalers
4234
Professional
and
Commercial
Equipment
and
Supplies
Merchant
Wholesalers
4235
Metal
and
Mineral
(
except
Petroleum)
Merchant
Wholesalers
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
6
4236
Electrical
and
Electronic
Goods
Merchant
Wholesalers
4237
Hardware,
and
Plumbing
and
Heating
Equipment
and
Supplies
Merchant
Wholesalers
4238
Machinery,
Equipment,
and
Supplies
Merchant
Wholesalers
4239
Miscellaneous
Durable
Goods
Merchant
Wholesalers
4241
Paper
and
Paper
Product
Merchant
Wholesalers
4242
Drugs
and
Druggists'
Sundries
Merchant
Wholesalers
4243
Apparel,
Piece
Goods,
and
Notions
Merchant
Wholesalers
4244
Grocery
and
Related
Product
Wholesalers
4245
Farm
Product
Raw
Material
Merchant
Wholesalers
4246
Chemical
and
Allied
Products
Merchant
Wholesalers
4247
Petroleum
and
Petroleum
Products
Merchant
Wholesalers
4248
Beer,
Wine,
and
Distilled
Alcoholic
Beverage
Merchant
Wholesalers
4249
Miscellaneous
Nondurable
Goods
Merchant
Wholesalers
4251
Wholesale
Electronic
Markets
and
Agents
and
Brokers
4411
Automobile
Dealers
4412
Other
Motor
Vehicle
Dealers
4413
Automotive
Parts,
Accessories,
and
Tire
Stores
4421
Furniture
Stores
4422
Home
Furnishings
Stores
4431
Electronics
and
Appliance
Stores
4441
Building
Material
and
Supplies
Dealers
4442
Lawn
and
Garden
Equipment
and
Supplies
Stores
4451
Grocery
Stores
4452
Specialty
Food
Stores
4461
Health
and
Personal
Care
Stores
4471
Gasoline
Stations
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
7
4481
Clothing
Stores
4482
Shoe
Stores
4483
Jewelry,
Luggage,
and
Leather
Goods
Stores
4511
Sporting
Goods,
Hobby,
and
Musical
Instrument
Stores
4512
Book,
Periodical,
and
Music
Stores
4521
Department
Stores
4529
Other
General
Merchandise
Stores
4531
Florists
4532
Office
Supplies,
Stationery,
and
Gift
Stores
4533
Used
Merchandise
Stores
4539
Other
Miscellaneous
Store
Retailers
4541
Electronic
Shopping
and
Mail­
Order
Houses
4542
Vending
Machine
Operators
4543
Direct
Selling
Establishments
4811
Scheduled
Air
Transportation
4812
Nonscheduled
Air
Transportation
4821
Rail
Transportation
4831
Deep
Sea,
Coastal,
and
Great
Lakes
Water
Transportation
4832
Inland
Water
Transportation
4841
General
Freight
Trucking
4842
Specialized
Freight
Trucking
4851
Urban
Transit
Systems
4852
Interurban
and
Rural
Bus
Transportation
4853
Taxi
and
Limousine
Service
4854
School
and
Employee
Bus
Transportation
4855
Charter
Bus
Industry
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
8
4859
Other
Transit
and
Ground
Passenger
Transportation
4861
Pipeline
Transportation
of
Crude
Oil
4862
Pipeline
Transportation
of
Natural
Gas
4869
Other
Pipeline
Transportation
4871
Scenic
and
Sightseeing
Transportation,
Land
4872
Scenic
and
Sightseeing
Transportation,
Water
4879
Scenic
and
Sightseeing
Transportation,
Other
4881
Support
Activities
for
Air
Transportation
4882
Support
Activities
for
Rail
Transportation
4883
Support
Activities
for
Water
Transportation
4884
Support
Activities
for
Road
Transportation
4885
Freight
Transportation
Arrangement
4889
Other
Support
Activities
for
Transportation
4911
Postal
Service
4921
Couriers
4931
Warehousing
and
Storage
5111
Newspaper,
Periodical,
Book,
and
Directory
Publishers
5112
Software
Publishers
5121
Motion
Picture
and
Video
Industries
5122
Sound
Recording
Industries
5151
Radio
and
Television
Broadcasting
5152
Cable
and
Other
Subscription
Programming
5161
Internet
Publishing
and
Broadcasting
5171
Wired
Telecommunications
Carriers
5172
Wireless
Telecommunications
Carriers
(
except
Satellite)

5173
Telecommunications
Resellers
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
9
5174
Satellite
Telecommunications
5175
Cable
and
Other
Program
Distribution
5179
Other
Telecommunications
5181
Internet
Service
Providers
and
Web
Search
Portals
5182
Data
Processing,
Hosting,
and
Related
Services
5191
Other
Information
Services
5211
Monetary
Authorities
­
Central
Bank
5221
Depository
Credit
Intermediation
5222
Nondepository
Credit
Intermediation
5223
Activities
Related
to
Credit
Intermediation
5231
Securities
and
Commodity
Contracts
Intermediation
and
Brokerage
5232
Securities
and
Commodity
Exchanges
5239
Other
Financial
Investment
Activities
5241
Insurance
Carriers
5242
Agencies,
Brokerages,
and
Other
Insurance
Related
Activities
5251
Insurance
and
Employee
Benefit
Funds
5259
Other
Investment
Pools
and
Funds
5311
Lessors
of
Real
Estate
5312
Offices
of
Real
Estate
Agents
and
Brokers
5313
Activities
Related
to
Real
Estate
5321
Automotive
Equipment
Rental
and
Leasing
5322
Consumer
Goods
Rental
5323
General
Rental
Centers
5324
Commercial
and
Industrial
Machinery
and
Equipment
Rental
and
Leasing
5331
Lessors
of
Nonfinancial
Intangible
Assets
(
except
Copyrighted
Works)

5411
Legal
Services
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
10
5412
Accounting,
Tax
Preparation,
Bookkeeping,
and
Payroll
Services
5413
Architectural,
Engineering,
and
Related
Services
5414
Specialized
Design
Services
5415
Computer
Systems
Design
and
Related
Services
5416
Management,
Scientific,
and
Technical
Consulting
Services
5417
Scientific
Research
and
Development
Services
5418
Advertising
and
Related
Services
5419
Other
Professional,
Scientific,
and
Technical
Services
5511
Management
of
Companies
and
Enterprises
5611
Office
Administrative
Services
5612
Facilities
Support
Services
5613
Employment
Services
5614
Business
Support
Services
5615
Travel
Arrangement
and
Reservation
Services
5616
Investigation
and
Security
Services
5617
Services
to
Buildings
and
Dwellings
5619
Other
Support
Services
5629
Remediation
and
Other
Waste
Management
Services
6111
Elementary
and
Secondary
Schools
6112
Junior
Colleges
6113
Colleges,
Universities,
and
Professional
Schools
6114
Business
Schools
and
Computer
and
Management
Training
6115
Technical
and
Trade
Schools
6116
Other
Schools
and
Instruction
6117
Educational
Support
Services
6211
Offices
of
Physicians
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
11
6212
Offices
of
Dentists
6213
Offices
of
Other
Health
Practitioners
6215
Medical
and
Diagnostic
Laboratories
6216
Home
Health
Care
Services
6219
Other
Ambulatory
Health
Care
Services
6221
General
Medical
and
Surgical
Hospitals
6223
Specialty
(
except
Psychiatric
and
Substance
Abuse)
Hospitals
6231
Nursing
Care
Facilities
6232
Residential
Mental
Retardation,
Mental
Health
and
Substance
Abuse
Facilities
6233
Community
Care
Facilities
for
the
Elderly
6239
Other
Residential
Care
Facilities
6241
Individual
and
Family
Services
6242
Community
Food
and
Housing,
and
Emergency
and
Other
Relief
Services
6243
Vocational
Rehabilitation
Services
6244
Child
Day
Care
Services
7111
Performing
Arts
Companies
7112
Spectator
Sports
7113
Promoters
of
Performing
Arts,
Sports,
and
Similar
Events
7114
Agents
and
Managers
for
Artists,
Athletes,
Entertainers,
and
Other
Public
Figures
7115
Independent
Artists,
Writers,
and
Performers
7121
Museums,
Historical
Sites,
and
Similar
Institutions
7131
Amusement
Parks
and
Arcades
7132
Gambling
Industries
7139
Other
Amusement
and
Recreation
Industries
7211
Traveler
Accommodation
7212
RV
(
Recreational
Vehicle)
Parks
and
Recreational
Camps
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
12
7213
Rooming
and
Boarding
Houses
7221
Full­
Service
Restaurants
7222
Limited­
Service
Eating
Places
7223
Special
Food
Services
7224
Drinking
Places
(
Alcoholic
Beverages)

8111
Automotive
Repair
and
Maintenance
8112
Electronic
and
Precision
Equipment
Repair
and
Maintenance
(
except
recycling
inkjet
cartridges
when
conducted
off­
site
as
a
service
provided
by
a
third
party
reclaimer
that
does
not
conduct
repair
of
office
machines.)

8113
Commercial
and
Industrial
Machinery
and
Equipment
(
except
Automotive
and
Electronic)
Repair
and
Maintenance
8114
Personal
and
Household
Goods
Repair
and
Maintenance
8121
Personal
Care
Services
8122
Death
Care
Services
8123
Dry­
cleaning
and
Laundry
Services
8129
Other
Personal
Services
8131
Religious
Organizations
8132
Grantmaking
and
Giving
Services
8133
Social
Advocacy
Organizations
8134
Civic
and
Social
Organizations
8139
Business,
Professional,
Labor,
Political,
and
Similar
Organizations
8141
Private
Households
9211
Executive,
Legislative,
and
Other
General
Government
Support
9221
Justice,
Public
Order,
and
Safety
Activities
9231
Administration
of
Human
Resource
Programs
9241
Administration
of
Environmental
Quality
Programs
9251
Administration
of
Housing
Programs,
Urban
Planning,
and
Community
Development
TABLE
I­
1:
POTENTIALLY
AFFECTED
INDUSTRIES
*,
**

NAICS
Industry
I
­
13
9261
Administration
of
Economic
Programs
9271
Space
Research
and
Technology
9281
National
Security
and
International
Affairs
*
The
Primary
Mineral
Processing
Industry
is
defined
in
the
September
1,
1989,
rulemaking
(
54
FR
36592).
**
The
Petroleum
Refining
Industry
is
defined
in
40
CFR
261.4(
a)(
12).
