SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST NUMBER 1189.19

REVISIONS TO THE RCRA DEFINITION OF SOLID WASTE (PROPOSED RULE)

October 2, 2006

Office of Solid Waste

United States Environmental Protection Agency

Washington, D.C. 20460

TABLE OF CONTENTS

  TOC \o "1-2" \h \z    HYPERLINK \l "_Toc146594771"  1.	IDENTIFICATION
OF THE INFORMATION COLLECTION	  PAGEREF _Toc146594771 \h  1  

  HYPERLINK \l "_Toc146594772"  1(a)	Title and Number of the Information
Collection	  PAGEREF _Toc146594772 \h  1  

  HYPERLINK \l "_Toc146594773"  1(b)	Short Characterization	  PAGEREF
_Toc146594773 \h  1  

  HYPERLINK \l "_Toc146594774"  2.	NEED FOR AND USE OF THE COLLECTION	 
PAGEREF _Toc146594774 \h  5  

  HYPERLINK \l "_Toc146594775"  2(a)	Need and Authority for the
Collection	  PAGEREF _Toc146594775 \h  5  

  HYPERLINK \l "_Toc146594776"  2(b)	Practical Utility and Users of the
Data	  PAGEREF _Toc146594776 \h  7  

  HYPERLINK \l "_Toc146594777"  3.	NONDUPLICATION, CONSULTATIONS, AND
OTHER COLLECTION CRITERIA	  PAGEREF _Toc146594777 \h  9  

  HYPERLINK \l "_Toc146594778"  3(a)	Nonduplication	  PAGEREF
_Toc146594778 \h  9  

  HYPERLINK \l "_Toc146594779"  3(b)	Public Notice	  PAGEREF
_Toc146594779 \h  9  

  HYPERLINK \l "_Toc146594780"  3(c)	Consultations	  PAGEREF
_Toc146594780 \h  9  

  HYPERLINK \l "_Toc146594781"  3(d)	Effects of Less Frequent Collection
  PAGEREF _Toc146594781 \h  10  

  HYPERLINK \l "_Toc146594782"  3(e)	General Guidelines	  PAGEREF
_Toc146594782 \h  11  

  HYPERLINK \l "_Toc146594783"  3(f)	Confidentiality	  PAGEREF
_Toc146594783 \h  11  

  HYPERLINK \l "_Toc146594784"  3(g)	Sensitive Questions	  PAGEREF
_Toc146594784 \h  11  

  HYPERLINK \l "_Toc146594785"  4.	THE RESPONDENTS AND THE INFORMATION
REQUESTED	  PAGEREF _Toc146594785 \h  12  

  HYPERLINK \l "_Toc146594786"  4(a)	Respondents and NAICS Codes	 
PAGEREF _Toc146594786 \h  12  

  HYPERLINK \l "_Toc146594787"  4(b)	Information Requested	  PAGEREF
_Toc146594787 \h  12  

  HYPERLINK \l "_Toc146594788"  5.	THE INFORMATION COLLECTED:  AGENCY
ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF
_Toc146594788 \h  22  

  HYPERLINK \l "_Toc146594789"  5(a)	Agency Activities	  PAGEREF
_Toc146594789 \h  22  

  HYPERLINK \l "_Toc146594790"  5(b)	Collection Methodology and
Management	  PAGEREF _Toc146594790 \h  23  

  HYPERLINK \l "_Toc146594791"  5(c)	Small Entity Flexibility	  PAGEREF
_Toc146594791 \h  23  

  HYPERLINK \l "_Toc146594792"  5(d)	Collection Schedule	  PAGEREF
_Toc146594792 \h  23  

  HYPERLINK \l "_Toc146594793"  6.	ESTIMATING THE HOUR AND COST BURDEN
OF THE COLLECTION	  PAGEREF _Toc146594793 \h  25  

  HYPERLINK \l "_Toc146594794"  6(a)	Estimating Respondent Burden Hours	
 PAGEREF _Toc146594794 \h  25  

  HYPERLINK \l "_Toc146594795"  6(b)	Estimating Respondent Costs	 
PAGEREF _Toc146594795 \h  25  

  HYPERLINK \l "_Toc146594796"  6(c)	Estimating Agency Hour and Cost
Burden	  PAGEREF _Toc146594796 \h  26  

  HYPERLINK \l "_Toc146594797"  6(d)	Estimating the Annual Respondent
Universe and Total Hour and Cost Burden	  PAGEREF _Toc146594797 \h  26  

  HYPERLINK \l "_Toc146594798"  6(e)	Bottom Line Hour and Cost Burden	 
PAGEREF _Toc146594798 \h  33  

  HYPERLINK \l "_Toc146594799"  6(f)	Reasons for Change In Burden	 
PAGEREF _Toc146594799 \h  33  

  HYPERLINK \l "_Toc146594800"  6(g)	Public Burden Statement	  PAGEREF
_Toc146594800 \h  34  

 

	

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 RCRA Definition of Solid Waste,” EPA ICR Number 1189.19, OMB
Control Number 2050-0053.  

1(b)	Short Characterization

The U.S. Environmental Protection Agency (EPA) is proposing revisions to
the definition of solid waste that would exclude certain hazardous
secondary materials from regulation under Subtitle C of the Resource
Conservation and Recovery Act (RCRA), as amended.  Specifically, EPA is
proposing to amend 40 CFR Part 261 to provide that hazardous secondary
materials reclaimed under the control of the generator are not solid
wastes if specified conditions are met. EPA also is proposing that
hazardous secondary materials that are generated and then transferred to
another person for the purpose of reclamation are not solid waste,
provided that specified conditions are met.  In addition, EPA is
proposing requirements for the export of excluded materials, as
specified.  Finally, EPA is proposing other amendments to address
particular issues (e.g., it is proposing standards in Part 260 to enable
a person to apply to EPA for a formal determination that a material is
clearly not discarded and therefore not a solid waste).  The purpose of
the proposed amendments is to encourage recycling and resource
conservation and to respond to several court decisions concerning the
definition of solid waste.  The proposed action is a supplement to the
Agency’s proposal of October 28, 2003 (68 FR 61558).

In Sections 1 through 5 of this document, EPA presents a comprehensive
description of the new information collection requirements of the
proposed rule.  In Section 6, EPA estimates the total annual hour and
cost burden to respondents associated with these new paperwork
requirements.  In addition, EPA estimates the total annual burden
savings to generators and subsequent handlers for no longer being
subject to the existing RCRA information collection requirements for the
excluded materials.

In the following paragraphs, EPA describes the new information
collection requirements in the proposed rule.

PETITIONS FOR NON-WASTE DETERMINATIONS

40 CFR 260.34, as proposed, provides that an applicant may apply to EPA
for a formal determination that a material is clearly not discarded and
therefore not a solid waste.  The determinations will be based on the
criteria contained in either paragraph 260.34(b) or (c).  If a
determination is denied, the material might still be eligible for a
solid waste variance or exclusion.  Proposed section 260.34(b) provides
that EPA may grant a non-waste determination for those materials which
are recycled in a continuous industrial process if the applicant
demonstrates that the materials are an essential part of the production
process and are not discarded.  The determination will be based on the
criteria specified at paragraph 260.34(b)(1)-(4).  Proposed section
260.34(c) provides that EPA may grant a non-waste determination for
those materials which are indistinguishable in all relevant aspects from
a product or intermediate if the applicant demonstrates that the
materials are comparable to a product or intermediate and are not
discarded.  The determination will be based on the criteria specified at
paragraph 260.34(c)(1)-(4).

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE

Proposed Exclusion at 40 CFR 261.2(a)(2)(ii)

40 CFR 261.2(a)(2)(ii), as proposed, provides that a material is not
discarded if it is generated and reclaimed within the United States or
its territories, provided that the conditions of section
261.2(a)(2)(ii)(A)-(G) are met.  Section 261.2(a)(2)(ii)(A) provides
that the material must be contained in a non-land-based unit (e.g., a
tank, container, or drip pad as defined in section 260.10, or in a
building with a roof, floor, and walls).  Section 261.2(a)(2)(ii)(B)-(D)
provides that the material must be generated and reclaimed at the
generating facility (261.2(a)(2)(ii)(B)); or generated and reclaimed by
the same Aperson@ as defined in section 260.10, if the generator makes a
certification as specified (261.2(a)(2)(ii)(C)); or generated and
reclaimed pursuant to a written contract between a tolling contractor
and tolling manufacturer, if the tolling contractor or manufacturer
retains ownership of, and liability for, the recyclable secondary
material that is  generated during the course of the production of the
product (261.2(a)(2)(ii)(D)).  Section 261.2(a)(2)(ii)(E) provides that
the material must not be speculatively accumulated, as defined in
section 261.1(c)(8).  Section 261.2(a)(2)(ii)(F) provides that
generators of hazardous 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 the Regional Administrator.  A revised notice must be sent to the
Regional Administrator in the event of a change to the name, address or
EPA ID number of the generator, or a change in the type of material
generated.  Section 261.2(a)(2)(ii)(G) provides that, if reclamation
takes place at a facility other than the generating facility, the
reclaimer must send a one-time notification to the Regional
Administrator.  A revised notice must be sent to the Regional
Administrator in the event of a change to the name, address or EPA ID
number of the reclamation facility, or a change in the type of material
reclaimed.      

Proposed Exclusion at 40 CFR 261.4(a)(23)

40 CFR 261.4(a)(23), as proposed, provides that hazardous materials
generated and reclaimed within the United States or its territories are
not solid wastes if they meet the conditions of section
261.4(a)(23)(i)-(vii).  Section 261.4(a)(23)(i) provides that, if the
materials are managed in a land-based unit as defined in section 260.10,
the materials must be contained.  Section 261.4(a)(23)(ii)-(iv) provides
that the materials must be generated and reclaimed at the generating
facility (261.4(a)(23)(ii)); or generated and reclaimed by the same
person as defined in section 260.10, if the generator makes a
certification as specified (261.4(a)(23)(iii)); or generated and
reclaimed pursuant to a written contract between a tolling contractor
and tolling manufacturer, if the tolling contractor or manufacturer
retains ownership of, and liability for, the recyclable secondary
materials that are generated during the course of the production of the
product (261.4(a)(23)(iv)).  Section 261.4(a)(23)(v) provides that the
materials must not be speculatively accumulated, as defined in section
261.1(c)(8).  Section 261.4(a)(23)(vi) provides that generators of
hazardous 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
the Regional Administrator.  A revised notice must be sent to the
Regional Administrator in the event of a change to the name, address or
EPA ID number of the generator, or a change in the type of material
generated.  Section 261.4(a)(23)(vii) provides that, if reclamation
under section 261.4(a)(23)(ii) or (iii) takes place at a facility other
than the generating facility, the reclaimer must send a one-time
notification to the Regional Administrator.  A revised notice must be
sent to the Regional Administrator in the event of a change to the name,
address or EPA ID number of the reclamation facility, or a change in the
type of material reclaimed.      

Proposed Exclusion at 40 CFR 261.4(a)(24)

40 CFR 261.4(a)(24), as proposed, provides that hazardous secondary
materials that are generated and then transferred to another person for
the purpose of reclamation are not solid wastes, provided that the
requirements of section 261.4(a)(24)(i)-(v) are met.  Section
261.4(a)(24)(i) provides that the materials must not be speculatively
accumulated, as defined in section 261.1(c)(8).  Section
261.4(a)(24)(ii) provides that the materials must not be handled by any
entity or facility other than the generator, the transporter, or the
person who reclaims the material. Section 261.4(a)(24)(iii) provides
that both the generator and the reclaimer must send a one-time notice to
the Regional Administrator.  A revised notice must be sent to the
Regional Administrator in the event of a change to the name, address or
EPA ID number of the generator or the reclamation facility.

Generators of hazardous secondary materials that are eligible for this
exclusion must satisfy the conditions in section
261.4(a)(24)(iv)(A)-(C).  Section 261.4(a)(24)(iv)(A) provides that the
generator must maintain at the generating facility for no less than
three years records of all off-site shipments of excluded hazardous
secondary materials.  Section 261.4(a)(24)(iv)(B) provides that, prior
to arranging for transport of excluded materials to a reclamation
facility that is not operating under a RCRA Part B permit, the generator
must make reasonable efforts to ensure that the materials will be
recycled legitimately (as determined according to the provisions of
section 261.2(g)), and otherwise managed in a manner that is protective
of human health and the environment.  Section 261.4(a)(24)(iv)(C)
provides that the generator must maintain at the generating facility for
no less than three years records documenting the reasonable efforts made
in accordance with the condition specified in paragraph (B) of this
section.  For each reclamation facility to which the generator has
transferred excluded materials, such documentation must include a
certification signed and dated by a responsible corporate official of
the generator.

Reclaimers of hazardous secondary materials excluded from regulation
under this exclusion must satisfy the conditions in section
261.4(a)(24)(v)(A)-(D).  Section 261.4(a)(24)(v)(A) provides that the
reclaimer must maintain at the reclamation facility for no less than
three years records of all shipments of excluded hazardous secondary
materials that were received at the facility.  Section
261.4(a)(24)(v)(B) provides that the reclaimer must store excluded
hazardous secondary materials in the same manner that analogous raw
materials are stored, except that if analogous raw materials are stored
in land-based units as defined in section 260.10, the units must be
contained.  Section 261.4(a)(24)(v)(C) provides that any residuals that
are generated from reclamation processes must be managed as specified
(e.g., in a manner that is protective of human health and the
environment).  Section 261.4(a)(24)(v)(D) provides that the reclaimer
must comply with the financial requirements of existing 40 CFR Part 264,
Subpart H.

Proposed Export Requirements at 40 CFR 261.4(a)(25)

40 CFR 261.4(a)(25), as proposed, provides that exporters of hazardous
secondary materials that are recycled under section 261.4(a)(24) must
also comply with the requirements of 261.4(a)(25)(i) through (ix). 
Section 261.4(a)(25)(i) requires the exporter to notify EPA of an
intended export before the hazardous secondary materials are scheduled
to leave the United States.  Section 261.4(a)(25)(ii) provides the
address for submittal of the notice.  Section 261.4(a)(25)(iii) provides
that, upon request by EPA, the exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.  Section 261.4(a)(25)(iv) and (v) set forth
procedures and requirements for the review and consent of the export. 
Section 261.4(a)(25)(vi) provides that, when the conditions specified on
the original notification change, the exporter must provide EPA with a
written renotification of the change, except for changes to the
telephone number in paragraph (a)(5)(i)(A) of this section and decreases
in the quantity indicated pursuant to paragraph (a)(5)(i)(C) of this
section.  Section 261.4(a)(25)(vii) requires a copy of the
Acknowledgment of Consent to Export to accompany the shipment.  Section
261.4(a)(25)(viii) provides that, if a shipment cannot be delivered for
any reason to the recycler or the alternate recycler, the exporter must
renotify EPA of a change in the conditions of the original notification
to allow shipment to a new recycler in accordance with paragraph
(a)(5)(vi) of this section and obtain another Acknowledgment of Consent
to Export.  Section 261.4(a)(25)(ix) requires exporters to keep copies
of notifications and Acknowledgments of Consent to Export for a period
of three years following receipt of the Acknowledgment.   

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection

The regulations are proposed under the authority of sections 2002, 3001,
3002, 3003, 3004, and 3017 of RCRA, as amended by the Hazardous and
Solid Waste Amendments of 1984 (HSWA).

PETITIONS FOR NON-WASTE DETERMINATIONS

The intent of the non-waste determination petition process is to provide
petitioners with an administrative procedure for receiving a formal
determination that their material is clearly not a solid waste. This
process would be available in addition to the proposed solid waste
exclusions. Facilities may choose to continue to self-implement the
waste determination requirements of 40 CFR Part 261 and, for the vast
majority of cases, self-implementation will still be the most
appropriate approach.  However, for cases where there is ambiguity about
whether a secondary material is a solid waste, this process may be
needed to provide regulatory certainty for both the facility and Agency.
 

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE

EPA is proposing conditional exclusions from the definition of solid
waste for hazardous secondary materials as specified.  Since there is
some potential for mismanagement of these materials in the absence of
any regulatory controls, the proposed exclusions specify certain
conditions that must be satisfied by the generator facility and, if
applicable, the reclaimer to whom the materials are transferred. 
EPA’s assessment that conditions are needed for recycling of excluded
material has been influenced by its analysis of recycling studies that
EPA conducted (e.g., analyses of environmental problems associated with
recycling of hazardous secondary materials).  These studies are
described in the preamble to the proposed rule and contained in the
administrative record.

Proposed Exclusions at 40 CFR 261.2(a)(2)(ii) and 261.4(a)(23)

EPA is proposing the certification requirement for materials that are
generated and reclaimed by the same person (e.g., 261.2(a)(2)(ii)(C))
because of existing complexities in corporate ownership and liability. 
The certification is needed to increase the company’s awareness and
accountability for ensuring that the generator and reclamation
facilities are in fact under its ownership.  The certification also may
be needed by regulators (e.g., on-site inspectors) to verify compliance.

EPA is proposing the notification requirements for generators and
reclaimers (e.g., 261.2(a)(2)(ii)(F) and (G)) to provide basic
information to regulatory agencies about who would be managing hazardous
secondary materials under the exclusion, and the types of materials that
would be reclaimed.  EPA believes its right to require such information
is inherent in its authority to determine whether a material is
discarded.  EPA considers this to be the minimum information needed to
enable credible evaluation of the status of a material under RCRA.  

Proposed Exclusion at 40 CFR 261.4(a)(24)

EPA is proposing the one-time notification requirement for generators
and reclaimers (e.g., 261.4(a)(24)(iii)) to provide basic information to
regulatory agencies about who would be managing hazardous secondary
materials under the exclusion, and the types of materials that would be
recycled.  This information is needed to enable credible evaluation of
the status of a material under RCRA.

EPA is proposing recordkeeping under 261.4(a)(24)(iv)(A) so that the
generator can demonstrate to regulators (e.g., in an on-site inspection)
that it is in compliance with the conditions (e.g., that its excluded
material is being sent to the reclamation facility).  The records enable
regulators to evaluate the generator’s compliance (e.g., a regulator
can use the records to track shipments from generator to reclaimer).  

The reasonable efforts required under 261.4(a)(24)(iv)(B) are needed to
ensure that the generator’s materials will be recycled legitimately,
and otherwise managed in a manner that is protective of human health and
the environment.  The generator must keep specified documentation (e.g.,
certification) of its efforts.  Based on its study of current good
recycling practices for hazardous materials, EPA believes that these
proposed conditions for reasonable efforts reflect, and are needed to
reinforce, the methods that responsible generators of hazardous
recyclable materials now routinely use to maintain their commitment to
sound environmental stewardship, and to minimize their potential
regulatory and liability exposures.  The requirements are needed to
ensure that a generator considers important questions in light of
reasonably good information in deciding who should reclaim its
recyclables.

EPA is proposing the certification requirement at 261.4(a)(24)(iv)(B)
because the Agency believes there is some potential for abuse of the
condition requiring documentation of reasonable efforts.  Requiring a
certification is a needed precaution against abuses.  To illustrate, it
is possible that a generator could try to document his reasonable
efforts with an audit report that he knew to be well outdated or that
otherwise contained inaccurate information.  Such cases would not, in
EPA’s view, constitute a truly Areasonable effort.@  The certification
is needed to hold the generator accountable for making a good faith
effort.

EPA is proposing that reclaimers keep records of their receipt of
excluded materials under 261.4(a)(24)(v)(A), to enable the effective
oversight of their activities.  The records would enable regulators
(e.g., on-site inspectors) to learn about the reclamation of the
excluded materials.  For example, the records would be important in
identifying the generators of the excluded materials received by the
facility.

EPA is proposing financial assurance requirements for reclamation
facilities under 261.4(a)(24)(v)(D) because it believes this is
reasonable and consistent with the findings of the recycling studies it
has conducted as part of the rulemaking effort.  Its study of current
good recycling practices, for example, indicated that one of the main
reasons that generators audit recyclers is to make sure that the
recyclers are financially healthy and have adequate resources to respond
to accidents or other problems that could cause environmental or human
health consequences.  This is primarily because of the joint-and-several
liability provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).  Under CERCLA, a generator can
become a "responsible party" obligated to help pay for remediation
expenses if (in this example) a recycler to whom he sent recyclable
materials were to create contamination problems but lacked the resources
to pay for their cleanup.  The need for financial assurance is also
supported by its study of recycling-related environmental problems.  The
study indicates that business failure is a primary causative factor
associated with these damage cases. This further supports the need for
some type of financial assurance condition for the regulatory exclusion.


Proposed Export Requirements at 40 CFR 261.4(a)(25)

The proposed export requirements would provide notice-and-consent
procedures for the export shipments.  Such procedures help ensure, for
example, that the materials will not be discarded and give the receiving
country an opportunity to respond to the intended shipment (e.g.,
request additional information).  

2(b)	Practical Utility and Users of the Data

PETITIONS FOR NON-WASTE DETERMINATIONS

Petitioners will use the non-waste determination petition process to
request a formal determination that their material is clearly not a
solid waste.  For cases where there is ambiguity about whether a
secondary material is a solid waste, this process may be used to provide
regulatory certainty for both the facility and Agency.  

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE

Proposed Exclusions at 40 CFR 261.2(a)(2)(ii) and 261.4(a)(23)

EPA is proposing the certification requirement for materials that are
generated and reclaimed by the same person (e.g., 261.2(a)(2)(ii)(C))
because of existing complexities in corporate ownership and liability. 
The certification will be used by the company to demonstrate its
compliance with the proposed conditions.

The regulatory agencies will use the notifications from the generator
and reclamation facility (e.g., 261.2(a)(2)(ii)(F) and (G)) to learn
basic information about who would be managing hazardous secondary
materials under the exclusion and the types of materials that would be
recycled.  The information will help the agencies evaluate the status of
the material under RCRA. 

Proposed Exclusion at 40 CFR 261.4(a)(24)

The one-time notification required under 261.4(a)(24)(iii) will be used
by the generator and reclaimer to provide basic information to
regulatory agencies about who would be managing hazardous secondary
materials under the exclusion, and the types of materials that would be
recycled.  EPA will use this information to evaluate the status of the
material under RCRA.

The recordkeeping required under 261.4(a)(24)(iv)(A) will be used by the
generator to demonstrate to regulators (e.g., in an on-site inspection)
that it is in compliance with the conditions (e.g., that its excluded
material is being sent to the reclamation facility).  The records will
be used by regulators to evaluate the generator’s compliance.  

The requirement for Areasonable efforts@ under 261.4(a)(24)(iv)(B) must
be carried out by generators before shipping excluded material to an
unpermitted reclamation facility.  EPA believes the questions laid out
in the regulations are normally considered by responsible generators. 
However, the questions will reinforce the need for generators to ask
these questions. Generators must keep records of their reasonable
efforts, including certifications, to demonstrate their compliance with
the regulations. 

The records required under 261.4(a)(24)(v)(A) will be used by the
reclaimer to demonstrate it compliance with the regulations.  The
records will be used by EPA to confirm the reclaimer’s compliance and
track the shipment of excluded material if needed.

The financial assurance required under 261.4(a)(24)(v)(D) will be used
by non-permitted reclaimers to obtain the resources needed to operate in
an environmentally responsible manner.  The need for financial assurance
is supported by recycling-related environmental problems.  An EPA study
indicates that business failure is a primary causative factor associated
with these damage cases. This supports the need for some type of
financial assurance condition for the regulatory exclusion. 

Proposed Export Requirements at 40 CFR 261.4(a)(25)

The proposed requirements at 261.4(a)(25) would provide
notice-and-consent procedures for export shipments.  For example, the
receiving country will have the opportunity to review the exporter’s
notification and approve or deny the export shipment.  Export of the
material is prohibited unless the receiving country consents to the
intended export.



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 Federal regulations.

3(b)	Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice in the Federal Register on October 28, 2003 (68 FR 61558)
proposing revisions to the definition of solid waste.  In light of the
comments and concerns raised, as well as EPA’s continued research and
examination, EPA has issued a supplemental proposal that lays out a
modified approach. 

EPA solicited public comments on the supplemental proposal through an
announcement in the Federal Register on [specify date and FR citation
and describe the comments received on the ICR and how they were
addressed].

3(c)	Consultations

	In August 2006, EPA contacted representatives of three large hazardous
waste reclamation companies to collect additional information on their
expected paperwork activities and burdens under the rule.  They provided
consultative input to this ICR according to three paperwork burden
issues potentially affected by this rulemaking:

Use of shipping papers instead of the RCRA manifest: The representatives
speculated that, in the absence of a requirement for a RCRA manifest,
they would use a multi-part shipping paper to ship their excluded
materials.  This would enable the reclaimer to send a copy to the
generator to confirm receipt of shipment.

Use of reasonable efforts to evaluate the reclaimer:  The
representatives believe that responsible generator customers currently
make an effort to evaluate prospective reclamation facilities (e.g., to
determine if the facilities have adequate equipment and procedures to
reclaim their waste in a manner that is protective of human health and
the environment).  This may include a visit to the facility by generator
employees or contracted auditor and/or a review of facility
documentation.

Relief from RCRA permit:  The representatives provided feedback on
whether they believe their reclamation facilities could see some relief
from the RCRA permitting requirements under the rule.  They believe such
relief would depend on a number of factors (e.g., whether a facility
would manage only excluded materials under the rule or whether it would
continue to receive and manage hazardous wastes in addition to excluded
materials).

In addition, EPA contacted a representative of CHWMEG, an organization
that provides facility review services to the hazardous waste industry. 
The representative agreed with the waste management companies that
generators will make reasonable efforts using their own employees or a
third-party auditor.  The decision to use either in-house employees or a
third-party auditor to perform the audit will depend on a number of
considerations (e.g., trade-offs between cost and desired
quality/thoroughness of the audit report).

The table below identifies the organizations contacted.  Their feedback
is reflected in the burden assumptions of this ICR, as appropriate.

Organizations EPA Contacted for ICR Preparation (August 2006)

Name of Organization	Name of Representative	Phone Number

CHWMEG	Jeff Sacre	412-826-3056



Giant Resource Recovery

	Stan Ray	

803-773-1400



Safety Kleen Systems, Incorporated

	Mike Fusco and Lin Longshore	610-558-3186



Veolia ES Technical Solutions (formerly Onyx Environmental Services)

	Thomas Baker	

973-691-7330

	

3(d)	Effects of Less Frequent Collection

EPA has carefully considered the information collection burden imposed
by the proposed rule.  EPA is confident that those activities required
of respondents are necessary, and to the extent possible, the Agency has
attempted to minimize the burden imposed.  A number of the required
activities, for example, would be performed once (e.g., one-time
notifications to EPA and one-time certifications).  In addition, a
number of other requirements in the rule can be satisfied by activities
already being undertaken by respondents.  For example, EPA has found
that responsible generators currently make reasonable efforts to
evaluate prospective reclaimers, as required by the rule.  EPA believes
strongly that, if the minimum information collection requirements of the
proposed rule are not met, EPA would not be able to ensure that the
secondary materials are being properly managed and do not pose a threat
to human health and the environment.



3(e)	General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act
of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and
other applicable OMB guidance.

3(f)	Confidentiality

Participation under the exclusions is voluntary.  EPA does not expect to
deem any information collected under the rule to be CBI (Confidential
Business Information).  If such a claim were asserted, EPA must and will
treat the information in accordance with the applicable regulations
(e.g., 40 CFR Part 2, Subpart B).  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 requirements associated with the rule.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents and NAICS Codes

The following is a list of North American Industry Classification System
(NAICS) codes associated with industries most likely affected by the
information collection requirements covered in this ICR.

Table of NAICS Codes of Potentially Affected Industries

Industry Sector	

NAICS Codes



Mining	

21



Utilities	

22



Construction	

23



Manufacturing	

31



Manufacturing	

32



Manufacturing	

33



Wholesale Trade	

42



Retail Trade	

44, 45



Transportation	

48, 49



Information	

51

Professional, Scientific & Technical Services	54

Administrative Support, Waste Management & Remediation	56

Educational Services	61

Health Care & Social Assistance	62

Other Services	81

Source: Exhibit 6A of EPA’s 2006 “Economics Background Document”
for this rulemaking. 

4(b)	Information Requested

PETITIONS FOR NON-WASTE DETERMINATIONS

40 CFR 260.34(a), as proposed, provides that an applicant may apply to
EPA for a formal determination that a material is clearly not discarded
and therefore not a solid waste.  The determinations will be based on
the criteria contained in either paragraph (b) or (c).  If a
determination is denied, the material might still be eligible for a
solid waste variance or exclusion.  Section 260.34(b) provides that EPA
may grant a non-waste determination for those materials which are
recycled in a continuous industrial process if the applicant
demonstrates that the materials are an essential part of the production
process and are not discarded.  The determination will be based on the
criteria specified at section 260.34(b)(1)-(4).  Section 260.34(c)
provides that EPA may grant a non-waste determination for those
materials which are indistinguishable in all relevant aspects from a
product or intermediate if the applicant demonstrates that the materials
are comparable to a product or intermediate and are not discarded.  The
determination will be based on the criteria specified at section
260.34(c)(1)-(4).

(i)	Data Items

An application for a non-waste determination for those materials which
are recycled in a continuous industrial process.  The application must
demonstrate that the materials are an essential part of the production
process and are not discarded, and address the following criteria
identified at section 260.34(b)(1)-(4):

-	How integrated the management of the material is into the continuous
primary production process;

-	 Whether the capacity of the production process would use the material
in a reasonable timeframe and ensure that the material will not be
abandoned (for example, based on past practices, market factors, the
nature of the material, and any contractual arrangements); 

-	Whether the hazardous constituents in the secondary materials are
recycled rather than discarded to the air, water or land at
significantly higher levels than would otherwise be released by the
primary production process; and 

-	Other relevant factors that demonstrate the material is not discarded.

An application for a non-waste determination for those materials which
are indistinguishable in all relevant aspects from a product or
intermediate.  The application must demonstrate that the materials are
comparable to a product or intermediate and are not discarded, and
address the following criteria identified at section 260.34(c)(1)-(4):

-	Whether market participants treat the materials like products rather
than wastes (for example, based on the current positive value of the
material, stability of demand, and any contractual arrangements);

-	Whether the chemical and physical identity of the material is
comparable to commercial products or intermediates;

-	Whether the hazardous constituents in the materials are recycled
rather than discarded to the air, water or land at significantly higher
levels than would otherwise be released by the production process; and

-	Other relevant factors that demonstrate the material is not discarded.



(ii)	Respondent Activities

An applicant would prepare and submit an application.

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE

Proposed Exclusion at 40 CFR 261.2(a)(2)(ii)

40 CFR 261.2(a)(2)(ii), as proposed, provides that a material is not
discarded if it is generated and reclaimed within the United States or
its territories, provided that the conditions of section
261.2(a)(2)(ii)(A)-(G) are met.  Section 261.2(a)(2)(ii)(A) provides
that the material must be contained in a non-land-based unit (e.g., a
tank, container, or drip pad as defined in section 260.10, or in a
building with a roof, floor, and walls).  Section 261.2(a)(2)(ii)(B)-(D)
provides that the material must be generated and reclaimed at the
generating facility (261.2(a)(2)(ii)(B)); or generated and reclaimed by
the same Aperson@ as defined in section 260.10, if the generator makes a
certification as specified (261.2(a)(2)(ii)(C)); or generated and
reclaimed pursuant to a written contract between a tolling contractor
and tolling manufacturer, if the tolling contractor or manufacturer
retains ownership of, and liability for, the recyclable secondary
material that is  generated during the course of the production of the
product (261.2(a)(2)(ii)(D)).  Section 261.2(a)(2)(ii)(E) provides that
the material must not be speculatively accumulated, as defined in
section 261.1(c)(8).  Section 261.2(a)(2)(ii)(F) provides that
generators of hazardous 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 the Regional Administrator.  A revised notice must be sent to the
Regional Administrator in the event of a change to the name, address or
EPA ID number of the generator, or a change in the type of material
generated.  Section 261.2(a)(2)(ii)(G) provides that, if reclamation
takes place at a facility other than the generating facility, the
reclaimer must send a one-time notification to the Regional
Administrator.  A revised notice must be sent to the Regional
Administrator in the event of a change to the name, address or EPA ID
number of the reclamation facility, or a change in the type of material
reclaimed.

(i)	Data Items

A certification under 261.2(a)(2)(ii)(C) for materials that are
generated and reclaimed by the same “person” as defined in section
260.10 that states the following:  Aon behalf of [insert company name] I
certify that the indicated hazardous recyclable material will be sent to
[insert company name], that the two companies are under the same
ownership, and that the parent corporation [insert company name] has
accepted full responsibility for the safe management of the hazardous
recyclable material.@

A one-time notification under section 261.2(a)(2)(ii)(F) from the
generator to EPA that identifies the following:

-	The name, address, and EPA ID number of the generator (if applicable);

-	The name and phone number of a contact person; and

-	The type of material that will be managed according to the exclusion,
and when the materials will begin to be managed in accordance with this
conditional exclusion.

A one-time notification under section 261.2(a)(2)(ii)(G) from the
reclamation facility to EPA that identifies the following:

-	The name, address, and EPA ID number of the reclamation facility (if
applicable);

-	The name and phone number of a contact person; and

The type of material that will be managed according to the exclusion,
and when the materials will begin to be managed in accordance with this
conditional exclusion.

A revised notice under section 261.2(a)(2)(ii)(F) or (G), as specified.

(ii)	Respondent Activities

A generator must perform the following:

Prepare a certification for material that is generated and reclaimed by
the same person.

Send a one-time notification to the Regional Administrator.

Send a revised notice if required.

A reclaimer must perform the following:

Send a one-time notification to the Regional Administrator if
reclamation takes place at a facility other than the generator facility.

Send a revised notice if required.

Proposed Exclusion at 40 CFR 261.4(a)(23)

40 CFR 261.4(a)(23), as proposed, provides that hazardous materials
generated and reclaimed within the United States or its territories are
not solid wastes if they meet the conditions of section
261.4(a)(23)(i)-(vii).  Section 261.4(a)(23)(i) provides that, if the
materials are managed in a land-based unit as defined in section 260.10,
the materials must be contained.  Section 261.4(a)(23)(ii)-(iv) provides
that the materials must be generated and reclaimed at the generating
facility (261.4(a)(23)(ii)); or generated and reclaimed by the same
person as defined in section 260.10, if the generator makes a
certification as specified (261.4(a)(23)(iii)); or generated and
reclaimed pursuant to a written contract between a tolling contractor
and tolling manufacturer, if the tolling contractor or manufacturer
retains ownership of, and liability for, the recyclable secondary
materials that are generated during the course of the production of the
product (261.4(a)(23)(iv)).  Section 261.4(a)(23)(v) provides that the
materials must not be speculatively accumulated, as defined in section
261.1(c)(8).  Section 261.4(a)(23)(vi) provides that generators of
hazardous 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
the Regional Administrator.  A revised notice must be sent to the
Regional Administrator in the event of a change to the name, address or
EPA ID number of the generator, or a change in the type of material
generated.  Section 261.4(a)(23)(vii) provides that, if reclamation
under section 261.4(a)(23)(ii) or (iii) takes place at a facility other
than the generating facility, the reclaimer must send a one-time
notification to the Regional Administrator.  A revised notice must be
sent to the Regional Administrator in the event of a change to the name,
address or EPA ID number of the reclamation facility, or a change in the
type of material reclaimed.

(i)	Data Items

A certification under 261.4(a)(23)(iii) for hazardous secondary
materials that are generated and reclaimed by the same person as defined
in section 260.10.  The certification must state the following:  Aon
behalf of [insert company name] I certify that the indicated hazardous
recyclable materials will be sent to [insert company name], that the two
companies are under the same ownership, and that the parent corporation
[insert company name] has accepted full responsibility for the safe
management of the hazardous recyclable materials.@

A one-time notification under 261.4(a)(23)(vi) from the generator to EPA
that identifies the following:

-	The name, address, and EPA ID number of the generator (if applicable);

-	The name and phone number of a contact person; and

-	The type of material that will be managed according to the exclusion,
and when the materials will begin to be managed in accordance with this
conditional exclusion.  

A one-time notification under 261.4(a)(23)(vii) from the reclamation
facility to EPA that identifies the following:

-	The name, address, and EPA ID number of the reclamation facility (if
applicable);

-	The name and phone number of a contact person; and

-	The type of material that will be managed according to the exclusion,
and when the materials will begin to be managed in accordance with this
conditional exclusion.  

A revised notice under section 261.4(a)(23)(vi) or (vii), as specified.



(ii)	Respondent Activities

A generator must perform the following activities:

Prepare a certification for material that is generated and reclaimed by
the same person.

Send a one-time notification to the Regional Administrator.

Send a revised notice if required.

A reclaimer must perform the following activities:

Send a one-time notification to the Regional Administrator if
reclamation takes place at a facility other than the generator facility.

Send a revised notice if required.

Proposed Exclusion at 40 CFR 261.4(a)(24)

40 CFR 261.4(a)(24), as proposed, provides that hazardous secondary
materials that are generated and then transferred to another person for
the purpose of reclamation are not solid wastes, provided that the
requirements of section 261.4(a)(24)(i)-(v) are met.  Section
261.4(a)(24)(i) provides that the materials must not be speculatively
accumulated, as defined in section 261.1(c)(8).  Section
261.4(a)(24)(ii) provides that the materials must not be handled by any
entity or facility other than the generator, the transporter, or the
person who reclaims the material. Section 261.4(a)(24)(iii) provides
that both the generator and the reclaimer must send a one-time notice to
the Regional Administrator.  A revised notice must be sent to the
Regional Administrator in the event of a change to the name, address or
EPA ID number of the generator or the reclamation facility.

Generators of hazardous secondary materials that are eligible for this
exclusion must satisfy the conditions in section
261.4(a)(24)(iv)(A)-(C).  Section 261.4(a)(24)(iv)(A) provides that the
generator must maintain at the generating facility for no less than
three years records of all off-site shipments of excluded hazardous
secondary materials.  Section 261.4(a)(24)(iv)(B) provides that, prior
to arranging for transport of excluded materials to a reclamation
facility that is not operating under a RCRA Part B permit, the generator
must make reasonable efforts to ensure that the materials will be
recycled legitimately (as determined according to the provisions of
section 261.2(g)), and otherwise managed in a manner that is protective
of human health and the environment.  Section 261.4(a)(24)(iv)(C)
provides that the generator must maintain at the generating facility for
no less than three years records documenting the reasonable efforts made
in accordance with the condition specified in paragraph (B) of this
section.  For each reclamation facility to which the generator has
transferred excluded materials, such documentation must include a
certification signed and dated by a responsible corporate official of
the generator.

Reclaimers of hazardous secondary materials excluded from regulation
under this exclusion must satisfy the conditions in section
261.4(a)(24)(v)(A)-(D).  Section 261.4(a)(24)(v)(A) provides that the
reclaimer must maintain at the reclamation facility for no less than
three years records of all shipments of excluded hazardous secondary
materials that were received at the facility.  Section
261.4(a)(24)(v)(B) provides that the reclaimer must store excluded
hazardous secondary materials in the same manner that analogous raw
materials are stored, except that if analogous raw materials are stored
in land-based units as defined in section 260.10, the units must be
contained.  Section 261.4(a)(24)(v)(C) provides that any residuals that
are generated from reclamation processes must be managed as specified
(e.g., in a manner that is protective of human health and the
environment).  Section 261.4(a)(24)(v)(D) provides that the reclaimer
must comply with the financial requirements of existing 40 CFR Part 264,
Subpart H.

(i)	Data Items

A notice from the generator and the reclaimer under 261.4(a)(24)(iii)
that identifies the following:

-	The name, address, and EPA ID number of the generator or reclamation
facility (as applicable); 

-	The name and phone number of a contact person; 

-	The type of material that will be managed according to the exclusion;
and

-	When the materials will begin to be managed in accordance with this
conditional exclusion. 	

A revised notice under section 261.4(a)(24)(iii), as specified.

For each shipment, records maintained by the generator that must at a
minimum contain the following information, as required by
261.4(a)(24)(iv)(A):

-	Name of the transporter and date of the shipment; 

-	Name and address of the reclamation facility to which it was sent, and
documentation confirming the receipt of the shipment by the reclamation
facility; and

-	The type and quantity of excluded material in the shipment.

Records maintained by the generator under section 261.4(a)(24)(iv)(C):

-	Records documenting the reasonable efforts made in accordance with the
condition specified in 261.4(a)(24)(iv)(B).  Such reasonable efforts
must, at a minimum, address the following questions:

-	Is the recycler technically capable of reclaiming the material, and of
managing hazardous materials safely?

-	Does the recycler's compliance history and current practices indicate
a record of, and a continuing commitment to, sound environmental
stewardship?

-	Is there a reliable market for the products or intermediaries that are
made from recycling the material?

-	Will residuals generated from recycling the materials, if any, be
managed in a manner that is protective of human health and the
environment?

-	For each reclamation facility to which the generator has transferred
excluded materials, a certification signed and dated by a responsible
corporate official of the generator, which states:  " I hereby certify
in good faith and to the best of my knowledge that prior to arranging
for transport of excluded materials to [insert name of reclamation
facility], that reasonable efforts were made to ensure that the
materials would be recycled legitimately, and otherwise managed in a
manner that is protective of human health and the environment, and that
such efforts were based on information that I believed was current and
accurate."

Records maintained by the reclaimer of all shipments of excluded
hazardous secondary materials that were received by the facility, as
required under 261.4(a)(24)(v)(A).  For each shipment, these records
must at a minimum contain the following information:

-	Name of the transporter and date the shipment was received; 

-	Name and address of the generating facility from which it was sent;
and

-	The type and quantity of excluded material in the shipment.

(ii)	Respondent Activities

The generator must perform the following activities:

-	Send one-time notice to the Regional Administrator;

-	Send a revised notice to the Regional Administrator if required;

-	Maintain records of all off-site shipments of excluded hazardous
secondary materials; 

-	Make reasonable efforts to ensure that the materials will be recycled
legitimately, and otherwise managed in a manner that is protective of
human health and the environment, and maintain records documenting the
reasonable efforts; and

-	For each reclamation facility to which the generator has transferred
excluded materials, include a certification in onsite documentation that
is signed and dated by a responsible corporate official of the
generator.

The reclamation facility must perform the following activities:

-	Send one-time notice to the Regional Administrator;

-	Send a revised notice to the Regional if required; and

Maintain records of all shipments of excluded hazardous secondary
materials that were received at the facility; and

Transmit confirmation to the generator that the shipment has been
received.

Proposed Export Requirements at 40 CFR 261.4(a)(25)

40 CFR 261.4(a)(25), as proposed, provides that exporters of hazardous
secondary materials that are recycled under section 261.4(a)(24) must
also comply with the requirements of 261.4(a)(25)(i) through (ix). 
Section 261.4(a)(25)(i) requires the exporter to notify EPA of an
intended export before the hazardous secondary materials are scheduled
to leave the United States.  Section 261.4(a)(25)(ii) provides the
address for submittal of the notice.  Section 261.4(a)(25)(iii) provides
that, upon request by EPA, the exporter shall furnish to EPA any
additional information which a receiving country requests in order to
respond to a notification.  Section 261.4(a)(25)(iv) and (v) set forth
procedures and requirements for the review and consent of the export. 
Section 261.4(a)(25)(vi) provides that, when the conditions specified on
the original notification change, the exporter must provide EPA with a
written renotification of the change, except for changes to the
telephone number in paragraph (a)(5)(i)(A) of this section and decreases
in the quantity indicated pursuant to paragraph (a)(5)(i)(C) of this
section.  Section 261.4(a)(25)(vii) requires a copy of the
Acknowledgment of Consent to Export to accompany the shipment.  Section
261.4(a)(25)(viii) provides that, if a shipment cannot be delivered for
any reason to the recycler or the alternate recycler, the exporter must
renotify EPA of a change in the conditions of the original notification
to allow shipment to a new recycler in accordance with paragraph
(a)(5)(vi) of this section and obtain another Acknowledgment of Consent
to Export.  Section 261.4(a)(25)(ix) requires exporters to keep copies
of notifications and Acknowledgments of Consent to Export for a period
of three years following receipt of the Acknowledgment.   

(i)	Data Items

A written notification under 261.4(a)(25)(i), signed by the exporter,
that includes the following information:

-	Name, mailing address, telephone number and EPA ID number (if
applicable) of the exporter;

-	The estimated frequency or rate at which the materials are to be
exported and the period of time over which they are to be exported;

-	The estimated total quantity of materials specified in kilograms;

-	All points of entry to and departure from each foreign country through
which the materials will pass;    

-	A description of the means by which each shipment of the materials
will be transported (e.g., mode of transportation vehicle (air, highway,
rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)); 

-	The name and address of the recycler and any alternate recycler;

-	A description of the manner in which the materials will be recycled in
the foreign country that will be receiving them; and      

-	The name of any transit country through which the materials will be
sent and a description of the approximate length of time they will
remain in such country and the nature of their handling while there.   

Any additional information under 261.4(a)(25)(iii) which a receiving
country requests in order to respond to a notification.

A written renotification under 261.4(a)(25)(vi) of the change, when the
conditions specified on the original notification change.

A renotification to EPA under 261.4(a)(25)(viii) of a change in the
conditions of the original notification, if a shipment cannot be
delivered for any reason to the recycler or the alternate recycler.

Copies of notifications and Acknowledgments of Consent to Export.   

(ii)	Respondent Activities

An exporter must perform the following activities:

-	Submit a written notification to EPA;

-	Furnish any additional information which a receiving country requests
in order to respond to a notification;

-	Provide a written renotification of the change, when the conditions
specified on the original notification change;

-	Transmit an Acknowledgment of Consent with the shipment;

-	Provide a renotification if a shipment cannot be delivered for any
reason to the recycler or the alternate recycler and transmit a new
Acknowledgment of Consent; and

-	Keep copies of notifications and Acknowledgments of Consent to Export.


5.	THE INFORMATION COLLECTED:  AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

PETITIONS FOR NON-WASTE DETERMINATIONS

EPA will evaluate and either approve or deny the petition.

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE

Proposed Exclusion at 40 CFR 261.2(a)(2)(ii)

EPA will perform the following activities:

-	Receive and review one-time notifications from generators and
reclaimers; and

-	Receive and review updates of notifications from generators and
reclaimers.

Proposed Exclusion at 40 CFR 261.4(a)(23)

EPA will perform the following activities:

-	Receive and review one-time notifications from generators and
reclaimers; and

-	Receive and review updates of notifications from generators and
reclaimers.

Proposed Exclusion at 40 CFR 261.4(a)(24)

EPA will perform the following activities:

-	Receive and review one-time notice from generators and reclaimers; and

-	Receive and review updated notice from generators and reclaimers.

Proposed Export Requirements at 40 CFR 261.4(a)(25)

EPA will perform the following activities:

-	Receive and review written notifications from exporters;

-	Request any additional information which a receiving country requests
in order to respond to a notification;

-	Provide a complete notification to the receiving country and any
transit countries;

-	Forward specified information to exporter (e.g., Acknowledgment of
Consent) from receiving country and transit countries;

-	Receive and review written renotification of the change; and

-	Receive and review a renotification if a shipment cannot be delivered
for any reason to the recycler or the alternate recycler.

5(b)	Collection Methodology and Management

In collecting and analyzing the information associated with this ICR,
EPA may use a telephone system, personal computers, and applicable
database software.  EPA will ensure the accuracy and completeness of
collected information by reviewing each submittal.  EPA will keep
records of this information in its file cabinets and/or computer
systems.

5(c)	Small Entity Flexibility

The proposed rule would be voluntary as well as deregulatory.  As such,
there would be no adverse burden impact to large or small entities.

5(d)	Collection Schedule

PETITIONS FOR NON-WASTE DETERMINATIONS

There is no schedule for collecting petitions.

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE

Proposed Exclusions at 40 CFR 261.2(a)(2)(ii) and 261.4(a)(23)

The one-time certification (e.g., of 261.2(a)(2)(ii)(C)) must be
prepared by generators as a condition for the material to be excluded.

The one-time notification (e.g., of 261.2(a)(2)(ii)(F) and (G)) must be
sent by the generator and reclaimer to EPA as a condition for the
material to be excluded. A revised notice must be sent, as specified
(e.g., in the event of a change in the type of material generated).  

Proposed Exclusion at 40 CFR 261.4(a)(24)

The one-time notification under 261.4(a)(24)(iii) must have been sent by
the generator and reclaimer to EPA as a condition for the material to be
excluded.  A revised notice must be sent, as specified (e.g., in the
event of a change in the name of the facility).  

A generator of excluded material must maintain at the generating
facility for no less than three years records of all offsite shipments
of excluded materials, as required by section 261.4(a)(24)(iv)(A).

Prior to arranging for transport of excluded material to a reclaimer
that is not operating under a RCRA Part B permit, a generator of
excluded material must make reasonable efforts to ensure that the
materials will be recycled legitimately and otherwise managed in a
manner that is protective of human health and the environment, as
required by section 261.4(a)(24)(iv)(B).

The generator must maintain at the generating facility for no less than
three years records documenting the reasonable efforts made in
accordance with the condition specified in section 261.4(a)(24)(iv)(B). 

The reclaimer must maintain at the reclamation facility for no less than
three years records of all shipments of excluded hazardous secondary
materials that were received at the facility, as required by section
261.4(a)(24)(v)(A).

Reclaimers must comply with the financial requirements of existing 40
CFR Part 264, Subpart H, as a condition for exclusion of the material.

Proposed Export Requirements at 40 CFR 261.4(a)(25)

Exporters of excluded materials must notify EPA of an intended export
before the materials are scheduled to leave the United States.  A
complete notification must be submitted sixty (60) days before the
initial shipment is intended to be shipped off-site.  This notification
may cover export activities extending over a twelve (12) month or lesser
period.  

Upon request by EPA, the exporter must furnish to EPA any additional
information which a receiving country requests in order to respond to a
notification.

When the conditions specified on the original notification change, the
exporter must provide EPA with a written renotification of the change,
except as otherwise specified.

If a shipment cannot be delivered for any reason to the recycler or the
alternate recycler, the exporter must renotify EPA of a change in the
conditions of the original notification to allow shipment to a new
recycler and obtain another Acknowledgment of Consent to Export.

Exporters must keep copies of notifications and Acknowledgments of
Consent to Export for a period of three years following receipt of the
Acknowledgment.

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Burden Hours

Exhibit 1 provides estimates of the respondent hourly burden associated
with the proposed paperwork requirements.  Exhibit 1 includes burden
hours (total and by labor type) per respondent, as well as the overall
burden hours for all respondents.

6(b)	Estimating Respondent Costs

Exhibit 1 provides estimates the annual respondent costs associated with
the proposed paperwork requirements.  These costs are based on the cost
of labor, capital, and operation and maintenance (O&M). 

(1)	Labor Costs 

The labor wage rates used to estimate costs to respondents were obtained
from EPA’s 2006 “Economics Background Document” (EBD) developed
for this rulemaking.  Wage rates in this ICR were updated from the
EBD’s 2005 wage data year, to 2006 levels and reflect the cost of
overhead and fringe benefits.  EPA estimates an average loaded
respondent hourly labor rate of $94.14 for legal staff, $59.83 for
managerial staff, $52.69 for technical staff, and $28.85 for clerical
staff.

Using the total burden hours discussed in Section 6(a) and the hourly
wage rates outlined in this section, Exhibit 1 estimates the labor costs
associated with the information collection requirements covered in this
ICR. 

(2)	Capital Costs

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  EPA does not anticipate that respondents will incur capital
costs in carrying out the information collection requirements covered in
this ICR.

(3)	Operation & Maintenance Costs

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 Athe recurring dollar amount of costs
associated with O&M or purchasing services.@  For purposes of estimating
burden, EPA estimates that respondents will submit information to the
Agency in hardcopy, instead of electronically.  As such, this ICR
includes O&M costs for postage (i.e., $0.39).  The ICR includes $22.50
for respondents in preparing their petition (e.g., copying and
communications) under section 260.34.  The ICR includes $600 for a
respondent to purchase a roundtrip airline ticket to send an employee to
audit a reclaimer under section 261.4(a)(24)(iv)(B).  It includes $3,000
for a respondent to purchase an audit report of a reclaimer under
section 261.4(a)(24)(iv)(B).

6(c)	Estimating Agency Hour and Cost Burden

The rule, when finalized, would be administered by RCRA-authorized State
government regulatory programs.  Unloaded hourly labor wage rates for
States’ activities were taken from “Table 2-3. State and Local
Government, Selected Occupations:  Mean Hourly Earnings and Weekly Hours
for Full-Time and Part-Time Workers, National Compensation Survey, 3
July 2004.”  The table is found in the “National Compensation
Survey: Occupational Wages in the United States, July 2004,” U.S.
Department of Labor, Bureau of Labor Statistics, September 2005,
Bulletin 2576.  EPA updated these rates to 2006 levels based on the
Employment Cost Index, then multiplied the rates by the labor cost
fringe benefits and overhead factor of 1.45.  Based on this, EPA applied
the following average loaded hourly wage rates for government labor:
$55.83 per hour for legal staff, $48.88 per hour for managerial staff,
$40.09 per hour for technical staff, and $23.54 per hour for clerical
staff.

6(d)	Estimating the Annual Respondent Universe and Total Hour and Cost
Burden

In this section, EPA first describes the estimated respondent universe
under the proposed rule.  EPA then estimates the annual burden to
respondents under the proposed paperwork requirements.  Finally, EPA
estimates the burden impacts to respondents under the existing RCRA
paperwork requirements in handling excluded materials.  

(1)	Respondent Universe

EPA obtained the respondent universe estimates for this ICR from EPA’s
2006 “Economics Background Document” (EBD) for this rulemaking.  The
purpose of the EBD is to provide EPA’s estimates of the potential
average annual economic impacts to affected industries under different
policy options for this rulemaking.  The EBD estimates the number of
affected industries and entities (i.e., respondents) based on analysis
of EPA’s 2003 RCRA Hazardous Waste Report data (  HYPERLINK
"http://www.epa.gov/epaoswer/hazwaste/data/br03/index.htm" 
http://www.epa.gov/epaoswer/hazwaste/data/br03/index.htm ).  The EBD
provides estimates of affected entities and economic impacts according
to a numerical uncertainty range consisting of “minimum,”
“medium,” and “maximum” estimates.  Note that this ICR applies
data from the EBD’s “medium” estimate category only.

The table below presents the estimated annual number of respondents in
this ICR.  As shown in the table, based on data from the EBD, EPA
estimates that:

7 petitioners will submit an application under section 260.34 to EPA
each year.   This is based on data from Table 5B of Chapter 5 in the
EBD.

835 generators will participate in the conditional exclusions at section
261.2(a)(2)(ii) and 261.4(a)(23) for onsite reclamation, offsite
reclamation within the same company, and reclamation under a tolling
arrangement (referred to as “Option 7” in the EBD).  This is based
on data from Table 5B of Chapter 5 in the EBD.

3,711 generators will participate in the conditional exclusion at
section 261.4(a)(24).  This estimate is derived as follows:  Table 5B of
Chapter 5 in the EBD estimates that 4,546 generators would participate
in a broad conditional exclusion for onsite and offsite reclamation
(referred to as “Option 4” in the EBD).  EPA used Option 4’s
estimate of the generator population as the basis for estimating the
number of generators under section 261.4(a)(24).  Note however that
Option 4’s generator estimate has two limitations in this regard: 1)
Option 4 includes both offsite and onsite reclamation, whereas section
261.4(a)(24) includes offsite reclamation only; and 2) Option 4 and
Option 7 were each examined as stand-alone alternatives in the EBD;
because Option 4 involves onsite and offsite reclamation and Option 7
involves onsite reclamation and limited offsite reclamation as described
above, Option 4 subsumes Option 7 (i.e., the 835 generators under Option
7 are subsumed within the 4,546 generators of Option 4). To address both
limitations, EPA subtracted the 835 generators from 4,546, to estimate
that 3,711 generators would participate under section 261.4(a)(24).

6 generators will export excluded material under section 261.4(a)(25)
each year.  EPA obtained this estimate from data in Exhibit 8 of EPA’s
Hazardous Waste Generator Standards ICR (EPA ICR Number 820), which
estimates that six generators export their hazardous waste for
reclamation to member countries of the Organization for Economic
Cooperation and Development (OECD) each year.

570 reclaimers will receive offsite shipments of excluded materials
under sections 261.2(a)(2)(ii), 261.4(a)(23), and 261.4(a)(24).  This
estimate was obtained from Exhibit 3H of Chapter 3 in the EBD, which
indicates that 570 recovery facilities were identified based on reported
shipments in the RCRA Hazardous Waste Report.  EPA made the simplifying
assumption that 43 offsite reclaimers will participate under section
261.2(a)(2)(ii) and 261.4(a)(23), and 527 offsite reclaimers will
participate under section 261.4(a)(24).  This assumption is based on the
estimated percentage of generator shippers under 261.2(a)(2)(ii) and
261.4(a)(23) (i.e., 7.5%) versus 261.4(a)(24) (i.e., 92.5%).

Annual Number of Respondents under Proposed Rule

Type of Respondent	Annual Number of Respondents

Petitioners under 260.34	7

Generators

Generators under 261.2 and 261.4(a)(23)	835

Generators under 261.4(a)(24)	3,711

Total generators	4,546

Exporters under 261.4(a)(25)	6

Reclaimers

Reclaimers under 261.2 and 261.4(a)(23)	43

Reclaimers under 261.4(a)(24)	527

Total reclaimers	570

Source: See explanatory text above table for data references.



The following paragraphs discuss these respondent estimates in regard to
the proposed and existing RCRA paperwork requirements.

(2)	Annual Respondent Hour and Cost Burden under the Proposed Paperwork
Requirements

PETITIONS FOR NON-WASTE DETERMINATIONS (EXHIBIT 1)

	EPA estimates that seven applicants will submit a petition to EPA under
section 260.34 each year.  This is reflected in Exhibit 1.

EXCLUSIONS FROM THE DEFINITION OF SOLID WASTE (EXHIBIT 1)

Proposed Exclusions at 40 CFR 261.2(a)(2)(ii) and 261.4(a)(23)

	Generator

	EPA estimates that 150 generators will ship their excluded materials to
a reclamation facility under the generator’s control.  This estimate
was derived from Exhibit 1H of Chapter 1 in the EBD, which estimates
that 299 generators will ship their material to a reclaimer that is
under the same company ownership as the generator or ship the material
under a tolling arrangement.  Of these, EPA made the simplifying
assumption that 50 percent will ship to a reclaimer that is under the
same company ownership as the generator and be required to prepare a
certification under section 261.2(a)(2)(ii) or 261.4(a)(23) (i.e., 299
generators x 50% = 150).  Because the certification is a one-time
activity, EPA annualized the number of generators over the three-year
life of this ICR, to estimate that 50 will prepare a certification each
year (i.e., 150 generators/3 years = 50).

	In addition, EPA estimates that the 835 generators will prepare and
submit a notice of their activities under section 261.2(a)(2)(ii) or
261.4(a)(23).  Because the notification is a one-time activity, EPA
annualized the number of generators over the three-year life of this
ICR, to estimate that 278 will prepare a notification each year (i.e.,
835 generators/3 years = 278).  EPA estimates that 10 percent will
update their notice each year.

These assumptions are reflected in Exhibit 1.

	Reclaimer

	EPA estimates that 43 reclaimers will prepare and submit a notice of
their activities under section 261.2(a)(2)(ii) or 261.4(a)(23).  Because
the notification is a one-time activity, EPA annualized the number of
reclaimers over the three-year life of this ICR, to estimate that 14
will prepare a notification each year (i.e., 43 generators/3 years =
14).  EPA also estimates that 10 percent will update their notice each
year.  These assumptions are reflected in Exhibit 1.

Proposed Exclusion at 40 CFR 261.4(a)(24)

	Generator

	EPA estimates that 3,711 generators will prepare and submit a notice of
their activities under section 261.4(a)(24)(iii).  Because the
notification is a one-time activity, EPA annualized the number of
generators over the three-year life of this ICR, to estimate that 1,237
will prepare a notification each year (i.e., 3,711 generators/3 years =
1,237).  EPA also estimates that 10 percent will update their notice
each year.

EPA estimates that generators will make 9,174 shipments of excluded
hazardous materials to reclaimers each year and be required to keep
specified records of each shipment (e.g., type and quantity of excluded
material) under section 261.4(a)(24)(iv)(A).  This is based on data in
Chapter 3 of the EBD, which indicate that generators would be relieved
of 9,920 manifests under Option 4 and 746 manifests under Option 7 each
year.  EPA used Option 4’s estimate as the basis for estimating the
number of shipments of excluded materials under section 261.4(a)(24). 
Note, however, that Option 4’s estimate has a limitation in this
regard (i.e., it subsumes offsite shipments under the generator’s
control that are addressed in Option 7).  To resolve this, EPA
subtracted out the number of manifests under Option 7, in order to
estimate the number of offsite shipments under section 261.4(a)(24).  As
a result, EPA estimates that generators will make 9,174 shipments of
excluded material each year under section 261.4(a)(24).

	Note that most of the recordkeeping required at section
261.4(a)(24)(iv)(A) is already required by the Department of
Transportation (DOT) for hazardous materials, or otherwise undertaken as
a customary industry practice.  For example, the DOT regulations require
shippers to prepare, transmit, and maintain shipping papers for their
hazardous material shipments.  Therefore, EPA does not expect generators
to incur incremental burden for the recordkeeping requirement, except
for the requirement to confirm receipt of shipment by the reclaimer. 
DOT does not require this.

Industry representatives indicated that, upon receipt of a shipping
paper under the exclusion, the reclaimer would mail a copy to the
generator as confirmation of receipt.  Shipping papers are often
multi-part forms to make this easy to do.  As indicated above, EPA
estimates that generators would receive and keep records of copies for
9,174 shipments of excluded materials each year.

	In addition, EPA estimates that 1,469 generators will ship to
non-permitted reclaimers and be required to make reasonable efforts to
ensure that the materials will be recycled legitimately and otherwise
managed in a manner that is protective of human health and the
environment.  EPA derived this estimate based on data in Exhibit 3H of
Chapter 3 in the EBD, which indicate that, of the 570 reclamation
facilities reported in the 2003 RCRA Hazardous Waste Report as receiving
offsite shipments, 193 reported receipts from offsite sources.  This
suggests that the remaining 377 facilities may not have reported their
offsite receipts because they were exempt from this requirement, as well
as from other requirements including a Part B permit, as provided under
existing 40 CFR 261.6.  In particular, section 261.6(c)(2) provides that
owners or operators of facilities that recycle recyclable materials
without storing them before they are recycled are not subject to a Part
B permit or other existing requirements as specified.  Based on this
reasoning, EPA estimates that the 377 reclaimers (i.e., 66% of all
reclaimers) are exempt from the requirement for a Part B permit.  EPA
applied this 66 percent to the 3,711 generators to estimate that 2,449
are shipping to non-permitted reclaimers and would be subject to the
requirement to make reasonable efforts (i.e., 66% x 3,711 = 2,449).  In
addition, through the industry consultations described in Section 3(c),
EPA estimates that 40 percent of generators currently take reasonable
efforts to evaluate a prospective reclaimer as a customary industry
practice.  Industry representatives indicated such generators may send
their own employees or contract with a vendor to audit the facility
and/or review available company information.  Given this, EPA estimates
that 60 percent of the 2,449 generators (i.e., 1,469) would incur burden
from the requirement to make reasonable efforts (2,449 generators x 60%
= 1,469).

EPA estimates that 50 percent of these generators (i.e., 735) would send
an employee to conduct an audit of the reclaimer and the other 50
percent would purchase an audit report from a vendor.  

Because these reasonable efforts are a one-time activity, EPA annualized
the number of generators over the three-year life of this ICR, to
estimate that 245 would send an employee to conduct the audit and 245
would purchase an audit report each year.  These generators also must
keep records of their efforts, including a certification.

These assumptions are reflected in Exhibit 1.

Reclaimer

EPA estimates that 527 reclaimers will prepare and submit a notice of
their activities under section 261.4(a)(24).  Because the notification
is a one-time activity, EPA has annualized the number of reclaimers over
the three-year life of this ICR, to estimate that 176 will prepare a
notification each year (i.e., 527 generators/3 years = 176).  EPA also
estimates that about 10 percent will update their notice each year.

EPA estimates that the 527 reclaimers may make minor adjustments to
their recordkeeping, in order to satisfy the requirement at section
261.4(a)(24) to keep records of each excluded shipment received.  For
example, they may consolidate some of their records into one location
that contains all specified information.

As indicated above, EPA estimates that 9,174 shipments of excluded
materials would be received by reclaimers each year and require
confirmation of receipt be sent to the generator.

These assumptions are reflected in Exhibit 1.

Proposed Export Requirements at 40 CFR 261.4(a)(25)

	EPA estimates that six generators would export excluded material under
section 261.4(a)(25) each year.  This is reflected in Exhibit 1.

(3)	Annual Respondent Hour and Cost Savings under Existing Paperwork
Requirements

Generators, transporters, and reclaimers of excluded material would no
longer be subject to existing RCRA information collection requirements
in handling the material, except as otherwise specified in the rule
(e.g., proposed section 261.4(a)(24)(v) requires reclaimers to comply
with the existing financial requirements of 40 CFR Part 264, Subpart H).
 As a result, these entities would see some burden impacts under the
existing paperwork requirements.

	Exhibit 2 presents the total annual burden under the proposed
paperwork requirements, as well as the annual savings under the existing
paperwork requirements.  The savings under the existing requirements are
presented according to the approved ICR in which the requirements are
addressed.  Below is a brief discussion of these ICRs, along with a
description of relevant capital and O&M costs affected:

Requirements for Generators, Transporters, and Waste Management
Facilities under the RCRA Hazardous Waste Manifest System (EPA ICR
Number 801).  EPA estimates that generators will see savings for no
longer manifesting their shipments of hazardous secondary materials that
are excluded under the rule.  There are annual savings in capital costs
of $1,825.  These savings are associated with the use of fewer file
cabinets to store manifests.  There are annual savings in O&M costs of
$10,599.  These savings are associated with the photocopying and
transmittal of fewer manifests.

								

Hazardous Waste Generator Standards (EPA ICR Number 820).  EPA estimates
that generators that drop in generator status (e.g., change from large
quantity generator to small quantity generator) under the exclusions
would see savings from reduced generator requirements.  There are no
capital cost savings.  There are annual savings in O&M costs of $1,602. 
These savings are associated with the photocopying and transmittal of
fewer records.

The 2005 Hazardous Waste Report (EPA ICR Number 976).  EPA estimates
that large quantity generators that drop in generator status (e.g.,
change to small quantity generator) under the exclusions would see
savings for no longer preparing/submitting a Hazardous Waste Report. 
Large quantity generators that do not drop in generator status would see
a savings for no longer preparing/submitting a Form GM for the excluded
material.  Offsite reclaimers would see a savings for no longer
preparing a Form WR for the excluded material.  There are no capital
cost savings.  There are annual savings in O&M costs of $1,490.  These
savings are associated with the transmittal and recordkeeping of fewer
forms.

Land Disposal Restrictions ICR (EPA ICR Number 1442).  EPA estimates
that generators that drop in generator status (e.g., change from small
quantity generator to conditionally exempt small quantity generator)
under the exclusions would see savings from reduced land disposal
requirements. There are annual savings in capital costs of $260.  These
savings are associated with the use of fewer file cabinets to store
records.  There are annual savings in O&M costs of $1,101,697.  These
savings are associated with the photocopying and transmittal of fewer
records and fewer generators paying for hazardous waste determinations.

General Hazardous Waste Facility Standards (EPA ICR Number 1571).  EPA
estimates that reclaimers that terminate their permit under the
exclusions would be relieved of the technical requirements at 40 CFR
Part 264 as applicable. There are no capital cost savings. There are
annual savings in O&M costs of $150,378.  These savings are associated
with the performance of fewer waste analyses of shipments received and
the transmittal of fewer forms.

Part B Permit Applications, Permit Modifications and Special Permits
(EPA ICR Number 1573).  EPA estimates that reclaimers that terminate
their permit under the exclusions would be relieved of the requirement
for permit renewal under 40 CFR Part 270.  In addition, EPA estimates
that reclaimers that do not have a Part B permit would now comply with
the financial requirements of 40 CFR Part 264, Subpart H, as required by
proposed section 261.4(a)(24)(v)(D).  There are no capital cost savings.
 There are annual savings in O&M costs of $41.  These savings are
associated with the submittal of fewer permit renewal applications.

6(e)	Bottom Line Hour and Cost Burden

(1)	Respondent Tally

	As shown in Exhibit 2, EPA estimates the total annual burden to
respondents under the proposed paperwork requirements to be 11,645 hours
and $1,419,844.  The total annual savings to respondents under the
proposed and existing paperwork requirements is estimated to be 51,958
hours and $3,471,433.  The bottom-line savings over three years is
estimated to be 155,874 hours and $10,414,299.

(2)	Agency Tally

	As shown in Exhibit 3, EPA estimates the total annual burden to the
government under the proposed paperwork requirements to be 1,295 hours
and $51,395.  The bottom-line burden over three years is estimated to be
3,885 hours and $154,185.

6(f)	Reasons for Change In Burden 

The proposed rule would place necessary conditions on generators and
reclaimers in managing the excluded hazardous materials.  At the same
time, the rule would relieve these entities of existing RCRA paperwork
requirements in handling the excluded material, resulting in savings to
them.  As shown in Exhibit 2, EPA estimates that this savings would more
than offset the burden of the proposed paperwork requirements.

6(g)	Public Burden Statement

The annual public reporting burden for the proposed requirements at 40
CFR 260.34 is estimated to be 146 hours per petition.  This includes
time for reading the regulations, gathering the necessary information,
and preparing/submitting the petition.  There is no recordkeeping
burden.

The annual public reporting burden for the proposed exclusions at 40 CFR
261.2(a)(2)(ii), 261.4(a)(23), and 261.4(a)(24) is estimated to range
from 10 to 30 minutes.  The 10-minute estimate includes time for a
reclaimer to provide confirmation of shipment receipt to the generator,
as provided in section 261.4(a)(24)(iv)(A)(2).  The 30-minute estimate
includes time for a generator or reclaimer to prepare/submit a one-time
notification to EPA.  The recordkeeping burden is estimated to range
from 6 minutes to 20 hours.  The 6-minute estimate includes time for a
generator to receive and keep records of confirmation of shipment
receipt from the reclaimer under section 261.4(a)(24)(iv)(A)(2).  The
20-hour estimate includes time for a generator using an in-house
employee to make reasonable efforts and keep records as required under
section 261.4(a)(24)(iv)(B).

	The annual public reporting burden for the proposed export requirements
at 40 CFR 261.4(a)(25) is estimated to range from 6 minutes to 3.4
hours.  The 6-minute estimate includes time for the exporter to provide
an AOC to the transporter of the export shipment.  The 3.4-hour estimate
includes time for the exporter to prepare/submit a notification of its
intended export to EPA.  The recordkeeping burden is estimated to be 6
minutes.  This includes time for the exporter to keep records of the AOC
and other documents, as specified.

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

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-RCRA-2002-0031, which is available for online viewing at
www.regulations.gov, or in person viewing at the Resource Conservation
and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  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
Resource Conservation and Recovery Act (RCRA) Docket is 202-566-0270. 
An electronic version of the public docket is available at
http://www.regulations.gov.  This site can be used to submit or view
public comments, access the index listing of the contents of the public
docket, and to access those documents in the public docket that are
available electronically.  When in the system, select "search," then key
in the Docket ID Number identified above.  Also, you can send comments
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, D.C. 20503,
Attention: Desk Officer for EPA.  Please include the EPA Docket ID
Number EPA-HQ-RCRA-2002-0031, and OMB Control Number 2050-0053 in any
correspondence.

  



 Source: Exhibit 3F of EPA Office of Solid Waste’s 2006 “Economics
Background Document” for this rulemaking, available from the Federal
rulemaking docket at: http://www.regulations.gov.

 Ibid.

 EPA’s research indicates that an airline fare of $600 is
representative of a roundtrip flight within the U.S.  EPA also found
that respondents can purchase an audit report of a reclaimer for about
$3,000.

 Source: The 1.45 fringe and overhead multiplier factor represents
32.85% full fringe benefits factor plus 12% overhead cost factor.  See
OMB Circular No. A-76, Attachment C, May 29, 2003: Calculating
Public-Private Competition Costs, Figure C1 Table of Standard A-76
Costing Factors.  The document can be found at: 
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.pd
f.

 Exhibit 1H of Chapter 1 in the EBD estimates that 299 generators ship
to reclaimers under Option 7.  The 3,711 generators under Option 4 also
make offsite shipments to reclaimers.  Hence, 7.5 percent of all
generator shippers will ship to reclaimers under Option 7 (i.e.,
261.2(a)(2)(ii) and 261.4(a)(23)) and 92.5 percent will ship to
reclaimers under Option 4 (i.e., 261.4(a)(24)).

 Source: The “medium” (i.e., most-likely) impact estimates displayed
in Exhibit 3L of Chapter 3 in the EBD estimate $406,709 in manifest
savings under Option 4 and $30,573 in manifest savings under Option 7
and a per-manifest cost savings of between $40.44 and $41.57.  This
equates to 9,920 manifests avoided under Option 4 (i.e., $406,709/$41 =
9,920) and 746 manifests avoided under Option 7.

 EPA assumes that these 377 reclaimers were included in the RCRA
Hazardous Waste Report because of the shippers’ reporting forms (i.e.,
Form GM).

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Exhibit 3H of Chapter 3 in the EBD estimates permit renewal savings
based on an estimate of 193 permitted reclaimers terminating their
permit and avoiding renewal burden.  This ICR adjusted this estimate
based on recent consultations as described in Section 3(c).  This ICR
reflects that 50 percent of these permitted reclaimers will terminate
their permit over a ten-year period.  Hence, this ICR reflects that ten
reclaimers will terminate their permit each year and avoid renewal
burden (i.e., 193 facilities x 50% = 97 facilities will terminate their
permit; 97 facilities/10 years = 10 facilities/yr will terminate their
permit each year).

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