SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1189.13
"
HAZARDOUS
WASTE
LISTING
FOR
ORGANIC
DYES
AND/
OR
PIGMENTS
PRODUCTION
WASTES"

November
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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3
2(
a)
Need
and
Authority
for
the
Collection
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3
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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4
3(
a)
Nonduplication
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4
3(
b)
Public
Notice
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4
3(
c)
Consultations
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4
3(
d)
Effects
of
Less
Frequent
Collection
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5
3(
e)
General
Guidelines
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5
3(
f)
Confidentiality
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6
3(
g)
Sensitive
Questions
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6
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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6
4(
a)
Respondents
and
SIC/
NAICS
Codes
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6
4(
b)
Information
Requested
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7
5.
THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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11
5(
a)
Agency
Activities
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11
5(
b)
Collection
Methodology
and
Management
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11
5(
c)
Small
Entity
Flexibility
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12
5(
d)
Collection
Schedule
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12
6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
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12
6(
a)
Estimating
Respondent
Burden
Hours
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12
6(
b)
Estimating
Respondent
Costs
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12
6(
c)
Estimating
Agency
Hour
and
Cost
Burden
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13
6(
d)
Estimating
the
Annual
Respondent
Universe
and
Total
Hour
and
Cost
Burden
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14
6(
e)
Bottom
Line
Hour
and
Cost
Burden
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20
6(
f)
Reasons
for
Change
In
Burden
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20
6(
g)
Public
Burden
Statement
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22
1
This
ICR
uses
the
terminology
"
dyes
and/
or
pigments"
to
refer
to
all
of
the
organic
dyes
and/
or
pigments
production
facilities
or
processes
potentially
impacted
by
the
proposed
rule.
These
industries
are
identified
under
the
Standard
Identification
Classification
(
SIC)
as
2865,
and
under
the
North
American
Industrial
Classification
System
(
NAICS)
as
325132.

2
These
eight
CoCs
are:
aniline,
o­
anisidine,
4­
chloroaniline,
p­
cresidine,
2,4­
dimethylaniline,
1,2­
phenylenediamine,
1,3­
phenylenediamine,
and
toluene­
2,4­
diamine.

3
Under
the
proposed
rule,
only
one
CoC
is
listed
under
40
CFR
261.32(
c)(
2):
toluene­
2,4­
diamine.

1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
This
Information
Collection
Request
(
ICR)
is
entitled
"
Hazardous
Waste
Listing
for
Organic
Dyes
and/
or
Pigments
Production
Wastes,"
EPA
ICR
Number
1189.13.

1(
b)
Short
Characterization
The
U.
S.
Environmental
Protection
Agency
(
EPA)
is
proposing
to
list
nonwastewaters
from
the
production
of
certain
organic
dyes,
pigments,
and
food,
drug,
and
cosmetic
(
FD&
C)
colorants1
as
hazardous
wastes
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA),
as
amended,
which
directs
EPA
to
determine
whether
these
wastes
present
a
hazard
to
human
health
and
the
environment.
If
these
wastes
are
listed
as
hazardous
waste,
they
will
be
subject
to
stringent
management
and
treatment
standards
under
Subtitle
C
of
RCRA.

EPA
is
proposing
a
mass
loading­
based
listing
approach
for
organic
dyes
and/
or
pigments
production
nonwastewaters
(
i.
e.,
K181
wastes).
Under
this
approach,
these
wastes
are
hazardous
if
they
contain
any
of
eight
specific
constituents
of
concern
(
CoCs)
at
annual
mass
loading
levels
that
meet
or
exceed
regulatory
levels.
2
If
generators
determine
that
their
wastes
are
below
regulatory
levels
for
all
CoCs,
then
their
wastes
are
nonhazardous.
If
their
wastes
exceed
the
regulatory
levels
for
any
of
the
CoCs,
the
wastes
must
be
managed
as
listed
hazardous
wastes
unless
they
(
1)
do
not
contain
annual
mass
loadings
of
any
constituents
identified
in
proposed
40
CFR
261.32(
c)(
2)
at
or
above
the
corresponding
section
261.32(
c)(
2)
levels3,
and
(
2)
are
disposed
of
in
a
Subtitle
D
landfill
cell
subject
to
the
design
criteria
in
40
CFR
258.40
or
in
a
Subtitle
C
landfill
cell
subject
to
either
40
CFR
264.301
or
265.301.

This
proposal
also
would
add
the
toxic
constituents
o­
anisidine,
p­
cresidine,
2,4­
dimethylaniline,
1,2­
phenylenediamine,
and
1,3­
phenylenediamine
associated
with
these
identified
wastes
to
the
list
of
constituents
that
serves
as
the
basis
for
classifying
wastes
as
hazardous
(
40
CFR
Part
261,
Appendix
VIII).
In
addition,
the
proposal
would
add
o­
anisidine,
p­
cresidine,
2,4­
dimethylaniline,
1,3­
phenylenediamine,
and
toluene­
2,4­
diamine
to
the
treatment
2
standards
applicable
to
F039
landfill
leachate
and
the
Universal
Treatment
Standards
listed
at
40
CFR
268.48.

In
Sections
1
through
5
of
this
ICR,
EPA
presents
a
comprehensive
description
of
the
new
information
collection
requirements
resulting
from
the
listing
of
organic
dyes
and/
or
pigments
production
nonwastewaters.
In
Section
6,
EPA
estimates
the
total
annual
hour
and
cost
burden
to
respondents
(
i.
e.,
affected
dyes
and/
or
pigments
production
facilities)
associated
with
these
new
paperwork
requirements.
In
addition,
EPA
estimates
in
Section
6(
d)
the
total
annual
hour
and
costs
to
generators
and
subsequent
handlers
of
these
nonwastewaters
in
complying
with
existing
RCRA
information
collection
requirements
that
apply
to
newly
listed
hazardous
wastes.

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

(
1)
Procedures
for
Demonstrating
that
Dyes
and/
or
Pigments
Nonwastewaters
Are
Not
K181
Under
40
CFR
261.32,
EPA
is
proposing
a
mass
loading­
based
listing
for
organic
dyes
and/
or
pigments
nonwastewaters,
such
that
generators
of
these
wastes
have
the
option
of
demonstrating
that
their
specific
wastes
are
not
K181
because
they
do
not
meet
or
exceed
the
annual
mass
loadings
identified
in
proposed
section
261.32(
c)(
1).
To
make
this
demonstration,
generators
must
follow
the
procedures
under
proposed
section
261.32(
d).

Under
40
CFR
261.32(
d),
EPA
is
proposing
that
all
generators
could
use
knowledge
of
the
waste
to
make
an
initial
determination
as
to
whether
any
of
the
regulated
constituents
are
present
in
the
waste.
If
a
generator
determines
that
none
of
these
constituents
are
present
in
his
wastes
at
the
point
of
generation,
then
the
generator
would
have
no
further
obligation
for
determining
whether
or
not
his
wastes
are
K181
listed
hazardous
wastes
(
assuming
the
regulated
constituents
are,
in
fact,
not
present
in
the
wastes).
If
the
generator
determines
that
any
of
the
constituents
are
present
in
his
waste,
then
EPA
is
proposing
that
the
generator
must
either
demonstrate
that
the
constituent
loadings
in
his
waste
are
below
the
mass
loading
levels
in
the
listing
or
assume
that
his
wastes
are
hazardous
at
the
point
of
generation.
Under
the
proposed
approach,
the
generator
would
need
to
make
an
annual
determination
of
whether
his
mass
loading
levels
are
below
the
listing
mass
limits
through
use
of
knowledge
or
waste
sampling
and
analysis.
If
the
generator's
wastes
remained
nonhazardous
for
three
consecutive
annual
nonhazardous
determinations
and
the
generator
has
had
no
significant
changes
to
his
product
and/
or
manufacturing
or
treatment
processes,
the
annual
determination
requirement
would
be
suspended.
If
the
generator
made
significant
changes
to
product
and/
or
manufacturing
or
treatment
processes,
the
annual
requirements
would
be
reinstated.
EPA
is
proposing
that
generators
keep
limited
records
on
site.
3
(
2)
Recordkeeping
Demonstrations
for
Use
of
Appropriate
Landfills
Under
the
proposal,
generators
that
demonstrate
that
their
wastes
contain
the
K181
constituents
in
proposed
40
CFR
261.32(
c)(
2)
below
their
corresponding
listing
levels
may
claim
that
their
wastes
are
nonhazardous
if
they
dispose
of
the
wastes
in
a
Subtitle
D
landfill
cell
subject
to
the
design
criteria
in
40
CFR
258.40
or
in
a
Subtitle
C
landfill
cell
subject
to
either
40
CFR
264.301
or
265.301.
These
generators
must
maintain
on
site
for
three
years
documentation,
under
proposed
40
CFR
261.32(
d)(
4),
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
cell
subject
to
the
landfill
design
standards
set
out
in
the
listing
description.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need
and
Authority
for
the
Collection
EPA
is
proposing
to
list
organic
dyes
and/
or
pigments
nonwastewaters
(
i.
e.,
K181
waste)
under
the
authority
of
Sections
2002(
a),
3001(
b),
3001(
e)(
2),
3004(
d)­(
m),
and
3007(
a)
of
RCRA,
as
amended
by
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
HSWA).
Section
3001(
e)(
2)
directs
EPA
to
make
a
determination
of
whether
or
not
to
list,
under
Section
3001(
b)(
1),
wastes
from
the
production
of
dyes
and
pigments,
among
other
wastes.
Under
this
authority,
EPA
has
examined
dyes
and/
or
pigments
production
wastes
(
e.
g.,
using
risk
assessment
tools),
identified
CoCs
and
their
potential
risks,
and
established
a
"
loadings­
based"
approach
that
would
qualify
the
waste
as
hazardous
under
RCRA.
Under
Sections
2002(
a)
and
3007(
a)
of
RCRA,
EPA
is
establishing
information
collection
requirements
that
are
needed
to
ensure
that
the
listed
wastes
are
properly
managed
and
disposed
of.

In
addition,
the
proposed
rule
satisfies
EPA's
duty
under
a
Consent
Decree
between
EPA
and
the
Environmental
Defense
(
formerly
Environmental
Defense
Fund
(
EDF)).
Under
this
Consent
Decree,
the
Agency
is
required
to
"
promulgate
final
listing
determinations
for
azo/
benzidine,
anthraquinone,
and
triarylmethane
dye
and
pigment
production
wastes
on
or
before
February
16,
2005...
These
listing
determinations
shall
be
proposed
for
public
comment
on
or
before
November
10,
2003."

2(
b)
Practical
Utility
and
Users
of
the
Data
EPA
is
proposing
that
the
mass
loadings­
based
listing
be
self­
implementing,
which
means
that
no
prior
governmental
review
or
approval
is
needed
for
the
waste
to
be
claimed
as
nonhazardous.
Because
of
this,
EPA
believes
that
the
recordkeeping
requirements
in
the
proposal
are
needed
to
ensure
that
generators
characterize
their
wastes
accurately
and
reliably,
and
keep
records
of
the
claims
on
site.

EPA
believes
the
proposed
mass
loadings­
based
approach
allows
generators
to
evaluate
the
variable
wastes
they
generate
individually
for
hazard,
so
only
wastes
that
are
hazardous
are
listed.
As
a
result,
there
should
be
less
burden
on
dyes
and/
or
pigments
manufacturers
than
would
4
See
"
State
Phone
Calls
on
On­
site
Waste
Management
Determination"
in
the
public
docket
for
details.

4
be
imposed
by
a
traditional
listing
that
would
bring
entire
wastes
into
the
hazardous
waste
system,
regardless
of
the
characteristics
of
wastes
generated
by
individual
generators.
EPA
believes
the
mass
loadings­
based
approach
is
more
protective
of
the
environment
than
a
concentration­
based
listing
because
concentrations
can
be
modified
(
e.
g.,
dilution)
to
the
point
that
a
waste
might
pass
the
listing
criteria,
yet
still
contain
sufficient
mass
to
pose
a
risk
to
human
health
or
the
environment.
Finally,
a
mass
loadings­
based
listing
approach
may
provide
an
incentive
for
hazardous
waste
generating
facilities
to
modify
their
manufacturing
processes
or
treat
their
wastes.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
None
of
the
new
information
required
by
the
proposed
rule
is
duplicative
with
any
information
required
by
the
existing
RCRA
regulations.

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,
as
appropriate.

3(
c)
Consultations
EPA
has
made
a
number
of
efforts
to
consult
with
its
stakeholders
in
developing
the
proposed
rule.
In
1992,
EPA
distributed
a
detailed
RCRA
Section
3007
survey
to
dyes
and
pigments
manufacturing
facilities
in
support
of
a
1994
proposed
listings
rule.
The
questionnaire
collected
information
on
the
management
of
the
wastes
generated
by
each
facility,
including
waste
quantity
and
how
the
wastes
were
managed
and
disposed
of.
In
addition,
EPA
contacted
companies
generating
the
organic
dyes
and
pigments
wastes
to
update
the
information
in
the
1992
survey.
The
updated
information
EPA
collected
includes
the
quantities
of
waste
generated
(
for
the
year
1997),
and
the
waste
management
practices
used
by
the
facilities
for
each
of
the
wastes.

In
2002,
EPA
contacted
nine
State
agencies
to
learn
about
the
existing
status
of
on­
site
land
disposal
units
located
at
potential
organic
dyes
and/
or
pigments
production
facilities
in
those
States.
4
None
of
the
State
contacts
identified
any
facilities
with
active
on­
site
land
disposal
units
of
concern,
with
the
exception
of
a
single
facility
slated
for
closure
that
was
described
as
operating
surface
impoundments
equipped
with
double
high
density
polyethylene
(
HDPE)
liners.
5
See
meeting
summaries
available
in
the
public
docket
for
the
proposed
rule.

5
EPA
also
met
with
the
three
primary
trade
associations
 
Color
Pigments
Manufacturers
Association
(
CPMA),
Ecological
and
Toxicological
Association
of
Dyes
and
Organic
Pigments
Manufacturers
(
ETAD),
and
International
Association
of
Color
Manufacturers
(
IACM)
 
in
December
of
2002.5
The
trade
associations
reviewed
the
Agency's
compilation
of
available
information
regarding
on­
site
waste
management
practices
at
known
organic
dyes
and/
or
pigments
production
facilities.
Both
CPMA
and
ETAD
collected
additional
information,
and
provided
input
on
the
status
of
those
identified
on­
site
waste
management
practices.

EPA
has
requested
public
comments
on
the
proposed
rule.
Public
comments
will
be
incorporated
into
the
ICR
supporting
the
final
rule,
as
appropriate.

3(
d)
Effects
of
Less
Frequent
Collection
Under
the
proposed
rule,
generators
of
organic
dyes
and/
or
pigments
nonwastewaters
will
have
to
conduct
nonhazardous
determinations
annually
to
verify
that
the
wastes
remain
nonhazardous.
For
facilities
that
generate
1,000
metric
tons
or
less
per
year,
this
determination
will
be
based
on
knowledge
of
their
wastes.
For
facilities
that
generate
more
than
1,000
metric
tons
per
year,
this
determination
will
be
based
on
waste
sampling
and
analysis.
These
annual
testing
requirements
will
be
suspended
if
the
wastes
remain
nonhazardous
for
three
consecutive
years
of
testing.
However,
if
the
manufacturing
or
waste
treatment
processes
generating
the
wastes
are
significantly
altered,
the
annual
testing
requirements
will
be
reinstated.

EPA
has
carefully
considered
the
information
collection
burden
imposed
upon
the
regulated
organic
dyes
and/
or
pigments
production
community
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.
EPA
believes
strongly
that,
if
the
minimum
information
collection
requirements
of
the
proposed
rule
are
not
met,
neither
the
generators
nor
EPA
can
ensure
that
hazardous
wastes
are
being
properly
managed,
and
do
not
pose
a
serious
threat
to
human
health
and
the
environment.

3(
e)
General
Guidelines
This
ICR
adheres
to
the
guidelines
stated
in
the
Paperwork
Reduction
Act
of
1995,
OMB's
implementing
regulations,
EPA's
ICR
Handbook,
and
other
applicable
OMB
guidance.

3(
f)
Confidentiality
Section
3007(
b)
of
RCRA
and
40
CFR
Part
2,
Subpart
B,
which
defines
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
6
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
and
SIC/
NAICS
Codes
The
following
is
a
list
of
Standard
Industrial
Classification
(
SIC)
codes
and
corresponding
North
American
Industry
Classification
System
(
NAICS)
codes
associated
with
industries
most
likely
affected
by
the
information
collection
requirements
covered
in
this
ICR.

Industry
Sector
SIC
Code
NAICS
Code
Flavoring
Extracts
and
Flavoring
Syrups
Manufacturing
2087
311930
Food
Preparations
Manufacturing
2099
311942
Industrial
Gases
Manufacturing
2813
32512
Industrial
Inorganic
Chemicals
Manufacturing
2819
32518,
331311
Biological
Products
Manufacturing
(
Except
Diagnostic
Substances)
2836
325414
Synthetic
Organic
Dyes
and
Pigments
Manufacturing
2865
32511,
325132,
325192
Industrial
Organic
Chemicals
Manufacturing
2869
325199
Pesticides
and
Agricultural
Chemicals
Manufacturing
2879
32532
Chemicals
and
Allied
Products
(
Wholesale
trade)
5169
42269
4(
b)
Information
Requested
Under
40
CFR
261.32,
EPA
is
proposing
a
mass
loadings­
based
listing
for
organic
dyes
and/
or
pigments
nonwastewaters,
such
that
generators
of
these
wastes
have
the
option
of
demonstrating
that
their
specific
waste
is
nonhazardous.
To
have
their
waste
classified
as
nonhazardous,
generators
must
follow
the
procedures
under
proposed
section
261.32(
d).
These
procedures
are
described
in
the
following
paragraphs.
7
(
1)
Procedures
for
Demonstrating
that
Dyes
and/
or
Pigments
Nonwastewaters
Are
Not
K181
(
a)
Determination
Based
on
No
K181
Constituents
Under
proposed
40
CFR
261.32(
d)(
1),
generators
that
have
knowledge
that
their
waste
contains
none
of
the
K181
constituents
identified
in
proposed
section
261.32(
c)(
1)
can
use
their
knowledge
to
determine
that
their
waste
is
not
K181.
Generators
must
keep
documentation
supporting
this
annual
determination
on
site
for
three
years.

(
i)
Data
Item:

°
Documentation
supporting
the
determination
that
dyes
and/
or
pigments
nonwastewater
is
not
K181.

(
ii)
Respondent
Activities:

°
Determine
that
the
dyes
and/
or
pigments
nonwastewater
is
not
K181;

°
Document
the
basis
for
determining
that
the
dyes
and/
or
pigments
nonwastewater
is
not
K181;
and
°
Keep
each
annual
supporting
documentation
on
site.

(
b)
Determination
For
Generated
Quantities
Less
Than
1,000
MT/
Yr
for
Wastes
That
Contain
K181
Constituents
Under
proposed
40
CFR
261.32(
d)(
2),
generators
can
use
knowledge
of
their
waste
to
conclude
that
mass
loadings
for
the
K181
constituents
are
below
the
listing
levels,
if
the
total
annual
generation
quantity
of
organic
dyes
and/
or
pigments
production
nonwastewaters
is
1,000
metric
tons
or
less.
To
make
this
determination,
generators
must
document
that
the
annual
quantity
of
nonwastewaters
expected
to
be
generated
is
less
than
1,000
metric
tons,
track
the
actual
quantity
of
nonwastewaters
generated
over
the
course
of
the
calendar
year
(
i.
e.,
from
January
1
through
December
31
of
each
year),
keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
calendar
year,
and
keep
specified
records
on
site
for
three
years,
as
specified
in
proposed
sections
261.32(
d)(
2)(
i)
through
(
iv).

(
i)
Data
Items:

°
Documentation
demonstrating
that
the
annual
quantity
of
organic
dyes
and/
or
pigments
production
nonwastewaters
expected
to
be
generated
is
less
than
1,000
metric
tons;
8
°
Quantity
of
organic
dyes
and/
or
pigments
production
nonwastewaters
generated;

°
Relevant
process
information
used;
and
°
Calculations
performed
to
determine
annual
total
mass
loadings
for
each
K181
constituent
in
the
nonwastewaters
during
the
year.

(
ii)
Respondent
Activities:

°
Document
the
basis
for
determining
that
the
annual
quantity
of
nonwastewaters
expected
to
be
generated
will
be
less
than
1,000
metric
tons;

°
Track
the
actual
quantity
of
nonwastewaters
generated
over
the
course
of
the
calendar
year;

°
Keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
calendar
year;
and
°
Keep
supporting
documentation
on
site.

(
c)
Determination
for
Generated
Quantities
Greater
Than
1,000
MT/
Yr
for
Wastes
That
Contain
K181
Constituents
Under
proposed
40
CFR
261.32(
d)(
3),
generators
with
a
total
annual
generation
quantity
of
organic
dyes
and/
or
pigments
production
nonwastewaters
greater
than
1,000
metric
tons
must
determine
which
K181
constituents
reasonably
are
expected
to
be
present
in
their
wastes.
These
generators
also
must
develop
a
waste
sampling
and
analysis
plan
(
or
modify
an
existing
plan)
to
collect
and
analyze
representative
waste
samples
for
the
K181
constituents
reasonably
expected
to
be
present
in
the
wastes,
as
specified
in
section
261.32(
d)(
3)(
ii).
In
collecting
and
analyzing
the
waste
samples,
generators
must
follow
the
waste
sampling
and
analysis
plan
(
section
261.32(
d)(
3)(
iii)).

Under
proposed
sections
261.32(
d)(
3)(
iv)
through
(
viii),
generators
must
record
the
analytical
results,
record
the
waste
quantity
represented
by
the
sampling
and
analysis
results,
calculate
constituent­
specific
mass
loadings
(
i.
e.,
the
product
of
concentrations
and
waste
quantity),
keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
calendar
year,
and
determine
whether
the
mass
of
any
of
the
K181
constituents
is
below
the
K181
listing
levels.

In
addition,
generators
must
keep
specified
documentation
on
site
for
three
years,
as
specified
in
section
261.32(
d)(
3)(
ix).
9
Pursuant
to
proposed
section
261.32(
d)(
3)(
x),
nonhazardous
waste
determinations
must
be
conducted
annually
to
verify
that
the
wastes
remain
nonhazardous.
The
annual
testing
requirements
are
suspended
after
three
consecutive
successful
annual
demonstrations
that
the
wastes
are
nonhazardous.
Generators
then
can
use
knowledge
of
the
wastes
to
support
subsequent
annual
determinations.
If
the
annual
testing
requirements
are
suspended,
the
generator
must
keep
records
of
the
process
knowledge
information
used
to
support
a
nonhazardous
determination.

The
annual
testing
requirements
are
reinstated
if
the
manufacturing
or
waste
treatment
processes
generating
the
wastes
are
significantly
altered,
resulting
in
an
increase
of
the
potential
for
the
wastes
to
exceed
the
listing
levels.
If
testing
is
reinstated,
a
description
of
the
process
change
must
be
retained.

(
i)
Data
Items:

°
Documentation
on
which
K181
constituents
are
reasonably
expected
to
be
present
in
the
wastes;

°
Waste
sampling
and
analysis
plan
to
collect
and
analyze
representative
waste
samples
for
the
K181
constituents
reasonably
expected
to
be
present
in
the
wastes.
At
a
minimum,
the
plan
must
include:

­
A
discussion
of
the
number
of
samples
needed
to
characterize
the
wastes
fully;

­
The
planned
sample
collection
method
to
obtain
representative
waste
samples;

­
A
discussion
of
how
the
sampling
plan
accounts
for
potential
temporal
and
spatial
variability
of
the
wastes;
and
­
A
detailed
description
of
the
test
methods
to
be
used,
including
sample
preparation,
clean­
up
(
if
necessary),
and
determinative
methods;

°
Waste
sampling
and
analysis
results
(
including
QA/
QC
data);

°
Quantity
of
organic
dyes
and/
or
pigments
production
nonwastewaters
generated;

°
Calculations
performed
to
determine
annual
mass
loadings
for
each
K181
constituent
in
the
nonwastewaters;
10
°
If
the
annual
testing
requirements
are
suspended
after
three
successful
demonstrations
that
the
waste
are
nonhazardous,
records
of
the
process
knowledge
information
used
to
support
a
nonhazardous
determination;
and
°
If
the
manufacturing
or
waste
treatment
processes
generating
the
wastes
are
significantly
altered
as
specified,
a
description
of
the
process
change.

(
ii)
Respondent
Activities:

°
Determine
which
K181
constituents
reasonably
are
expected
to
be
present
in
the
wastes;

°
Develop
waste
sampling
and
analysis
plan;

°
Collect
and
analyze
samples
in
accordance
with
the
waste
sampling
and
analysis
plan;

°
Record
analytical
results;

°
Record
the
waste
quantity
represented
by
the
sampling
and
analysis
results;

°
Calculate
constituent­
specific
mass
loadings;

°
Keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
calendar
year;

°
Determine
whether
the
mass
of
any
of
the
K181
constituents
is
below
the
K181
listing
levels;

°
Keep
supporting
documentation
on
site;

°
If
the
annual
testing
requirements
are
suspended
after
three
successful
demonstrations
that
the
waste
are
nonhazardous,
the
generator
can:

­
Use
knowledge
of
the
waste
to
support
subsequent
annual
determination;
and
­
Keep
records
of
the
process
knowledge
information
used
to
support
a
nonhazardous
determination.

°
If
the
manufacturing
or
waste
treatment
processes
generating
the
wastes
are
significantly
altered
as
specified,
reinstate
annual
testing
requirements
and
retain
a
description
of
the
process
change.
11
(
2)
Recordkeeping
Demonstrations
for
Use
of
Appropriate
Landfills
Under
proposed
40
CFR
261.32(
d)(
4),
generators
must
maintain
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
cell
subject
to
the
landfill
design
standards
set
out
in
the
listing
description.
This
documentation
must
be
maintained
on
site
for
a
period
of
three
years.

(
i)
Data
Item:

°
Documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
cell
subject
to
the
landfill
design
standards
set
out
in
the
listing
description
(
e.
g.,
a
letter
from
the
owner
with
references
to
applicable
State
permit
or
license
that
describe
the
liner
design,
a
statement
that
the
liner
is
at
least
equivalent
to
the
section
258.40
design).

(
ii)
Respondent
Activity:

°
Maintain
onsite
for
three
years
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
cell
subject
to
the
landfill
design
standards
set
out
in
the
listing
description.

5.
THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
There
are
no
Agency
activities
associated
with
the
new
information
collection
requirements
for
generators
of
organic
dyes
and/
or
pigments
production
nonwastewaters.

5(
b)
Collection
Methodology
and
Management
All
of
the
information
collected
under
the
proposed
listing
would
be
maintained
at
the
generator's
facility.
There
are
no
Agency
collection
activities
associated
with
the
new
requirements
for
generators
of
organic
dyes
and/
or
pigments
production
nonwastewaters.

5(
c)
Small
Entity
Flexibility
The
proposal
includes
a
mass
loadings­
based
listing
for
organic
dyes
and/
or
pigments
production
nonwastewaters
that
allows
generators
to
determine
whether
their
waste
is
nonhazardous
under
the
listing.
Thus,
although
the
proposal
would
add
the
K181
wastes
to
the
hazardous
waste
listings,
the
rule
would
provide
flexibility
to
both
large
and
small
generators
to
determine
whether
they
can
manage
their
waste
as
nonhazardous,
as
specified.
If
a
small
entity's
6
The
labor
rates
were
obtained
from
the
currently­
approved
Hazardous
Waste
Generator
Standards
ICR,
EPA
ICR
Number
820.08.

12
waste
does
qualify
as
hazardous
under
the
listings,
the
small
entity
may
be
eligible
for
complying
with
the
small
quantity
generator
standards,
which
impose
fewer
paperwork
requirements
than
the
standards
for
large
quantity
generators.

5(
d)
Collection
Schedule
Under
the
proposed
rule,
generators
of
organic
dyes
and/
or
pigments
production
nonwastewaters
will
have
to
conduct
nonhazardous
determinations
annually
to
verify
that
the
wastes
remain
nonhazardous.
For
facilities
that
generate
1,000
metric
tons
or
less
per
year,
this
determination
will
be
based
on
knowledge
of
their
wastes.
For
facilities
that
generate
more
than
1,000
metric
tons
per
year,
this
determination
will
be
based
on
waste
sampling
and
analysis.
These
annual
testing
requirements
will
be
suspended
if
the
wastes
remain
nonhazardous
for
three
consecutive
years
of
testing.
However,
if
the
manufacturing
or
waste
treatment
process
generating
the
wastes
are
significantly
altered,
the
annual
testing
requirements
will
be
reinstated.
EPA
believes
such
a
schedule
will
ensure
that
generators
take
measures
to
determine
whether
their
wastes
qualify
for
the
nonhazardous
claim.

6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
Hours
In
Exhibit
1,
EPA
estimates
the
respondent
hourly
burden
associated
with
the
new
paperwork
requirements
resulting
from
the
listing
of
organic
dyes
and/
or
pigments
production
nonwastewaters
as
hazardous
waste.
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
EPA
estimates
the
annual
respondent
costs
associated
with
the
new
paperwork
requirements
in
Exhibit
1.
These
costs
are
based
on
the
cost
of
labor,
capital,
and
operation
and
maintenance
(
O&
M).

Labor
Costs
For
purposes
of
this
analysis,
EPA
estimates
an
average
hourly
respondent
labor
cost
(
including
fringe
and
overhead)
of
$
114.57
for
legal
staff,
$
89.86
for
managerial
staff,
$
58.82
for
technical
staff,
and
$
30.76
for
clerical
staff.
These
rates
are
based
on
industry
consultations
conducted
by
EPA
several
years
ago
and
updated
to
2003
levels
using
Employment
Cost
Indices
developed
by
the
U.
S.
Bureau
of
Labor
Statistics.
6
7
These
costs
were
obtained
from
the
economic
assessment
document
developed
for
the
proposed
rule:
Economic
Assessment
for
the
Proposed
Loadings­
Based
Listing
of
Non­
Wastewaters
from
the
Production
of
Selected
Organic
Dyes,
Pigments,
and
Food,
Drug,
and
Cosmetic
Colorants.
This
document
is
available
in
the
public
docket
for
the
proposed
rule.

13
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.

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.

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
"
the
recurring
dollar
amount
of
costs
associated
with
O&
M
or
purchasing
services."
For
this
ICR,
O&
M
costs
include
initial
waste
characterization
costs
($
5,255)
and
annual
waste
sampling
and
analysis
costs
($
5,445).
7
These
O&
M
costs
are
shown
in
Exhibit
1.

6(
c)
Estimating
Agency
Hour
and
Cost
Burden
As
stated
earlier,
there
are
no
Agency
activities
associated
with
the
new
information
collection
requirements
for
generators
of
organic
dyes
and/
or
pigments
production
nonwastewaters.
Thus,
there
is
no
Agency
burden
or
cost
associated
with
this
proposed
rule.

6(
d)
Estimating
the
Annual
Respondent
Universe
and
Total
Hour
and
Cost
Burden
In
this
section,
EPA
first
describes
the
respondent
universe
affected
by
the
new
information
collection
requirements
resulting
from
the
listing
of
organic
dyes
and/
or
pigments
production
nonwastewaters
as
hazardous
wastes.
EPA
then
estimates
the
annual
aggregate
burden
to
respondents
under
the
proposed
rule
and
existing
RCRA
information
collection
requirements.

The
universe
estimates
and
assumptions
used
in
the
development
of
this
ICR
are
based
on
the
economic
assessment
document
developed
for
the
proposed
rule.
Specifically,
EPA
referred
to
the
"
High
Most
Likely
Scenario"
of
the
Agency
Preferred
Approach.
14
Respondent
Universe
Table
1
presents
the
annual
number
of
respondents
expected
to
generate
organic
dyes
and/
or
pigments
production
nonwastewaters
during
the
three­
year
period
covered
by
this
ICR.
It
shows
that
EPA
expects
a
total
of
37
facilities
to
generate
organic
dyes
and/
or
pigments
production
nonwastewaters
each
year.
Of
these
facilities,
EPA
estimates
that
21
will
generate
nonwastewaters
that
contain
none
of
the
K181
CoCs
and
that
16
will
generate
nonwastewaters
that
contain
one
or
more
K181
CoCs.

Table
1
Annual
Number
of
Respondents
Subject
to
the
New
Paperwork
Requirements
under
the
Proposed
Rule
Type
of
Organic
Dyes
and/
or
Pigments
Nonwastewater
Number
of
Respondents

1,000
Metric
Tons
>
1,000
Metric
Tons
Total
Waste
with
no
K181
CoCs
19
2
21
Waste
with
K181
CoCs
7
9
16
Total
26
11
37
The
following
paragraphs
discuss
these
universe
estimates
in
relation
to
the
proposed
rule
and
existing
RCRA
information
collection
requirements.

Annual
Respondent
Hour
and
Cost
Burden
under
the
Proposed
Rule
Based
on
the
universe
data
presented
in
Table
1,
EPA
estimated
respondent
burden
associated
with
all
of
the
new
paperwork
requirements
under
the
proposed
rule
in
Exhibit
1.
A
discussion
of
the
assumptions
used
in
developing
these
burden
estimates
follows.

(
1)
Reading
the
Regulations
EPA
estimates
that
37
respondents
will
be
subject
to
the
new
paperwork
requirements
under
the
proposed
rule.
EPA
assumes
that
all
these
respondents
will
read
the
preamble
to
the
rule
and
the
proposed
regulations
each
year.
15
(
2)
Procedures
for
Demonstrating
that
Dyes
and/
or
Pigments
Nonwastewaters
Are
Not
K181
(
a)
Determination
Based
on
No
K181
Constituents
EPA
estimates
that
21
respondents
will
use
knowledge
of
their
wastes
to
determine
that
their
organic
dyes
and/
or
pigments
production
nonwastewaters
do
not
contain
any
of
the
K181
CoCs
identified
in
proposed
section
261.32(
c)(
1).
These
respondents
will
keep
documentation
on
site
for
three
years
supporting
their
determination
that
the
nonwastewaters
are
nonhazardous.

(
b)
Determination
For
Generated
Quantities
Less
Than
1,000
MT/
yr
for
Wastes
That
Contain
K181
Constituents
EPA
estimates
that,
each
year,
seven
facilities
will
generate
1,000
metric
tons
or
less
of
organic
dyes
and/
or
pigments
production
nonwastewaters
containing
K181
CoCs.
Of
these
seven
facilities,
five
are
expected
to
follow
the
procedures
under
proposed
section
261.32(
d)(
2)
to
determine
whether
or
not
their
wastes
exceed
the
mass
loading
levels
in
the
listing.
EPA
assumes
that
the
remaining
two
facilities
will
assume
that
their
wastes
are
hazardous
at
the
point
of
generation
and
thus,
will
manage
and
dispose
of
their
wastes
in
compliance
with
RCRA
Subtitle
C
regulations.

To
support
their
determination,
facilities
will
need
to
estimate
how
much
waste
they
expect
to
generate
each
year,
track
the
actual
quantity
of
organic
dyes
and/
or
pigments
production
nonwastewaters
generated
over
the
course
of
the
year,
keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
year,
and
keep
supporting
documentation
on
site
for
three
years,
as
specified.

(
c)
Determination
For
Generated
Quantities
Greater
Than
1,000
MT/
Yr
for
Wastes
That
Contain
K181
Constituents
EPA
estimates
that,
each
year,
nine
facilities
will
generate
more
than
1,000
metric
tons
of
organic
dyes
and/
or
pigments
production
nonwastewaters
containing
K181
CoCs.
Of
these
nine
facilities,
eight
are
expected
to
follow
the
procedures
under
proposed
section
261.32(
d)(
3)
to
determine
whether
or
not
their
wastes
exceed
the
mass
loading
levels
in
the
listing.
EPA
assumes
that
the
remaining
facility
will
assume
that
the
wastes
are
hazardous
at
the
point
of
generation
and
thus,
will
manage
and
dispose
of
the
wastes
in
compliance
with
RCRA
Subtitle
C
regulations.

To
support
their
determination,
facilities
will
need
to
identify
target
K181
CoCs
(
based
on
knowledge
of
their
wastes
or
testing),
develop
and
follow
a
waste
sampling
and
analysis
plan,
calculate
mass
loadings
based
on
analytical
results,
determine
whether
the
annual
mass
loadings
are
below
the
K181
listing
levels,
and
keep
supporting
documentation
on
site
for
three
years,
as
specified.
8
For
purposes
of
this
analysis,
EPA
assumes
that
all
13
facilities
generating
organic
dyes
and/
or
pigments
production
nonwastewaters
containing
K181
CoCs
at
levels
that
do
not
exceed
the
hazardous
loadings
in
proposed
section
261.32(
c)(
2)
will
dispose
of
their
nonwastewaters
in
a
Subtitle
D
landfill.
This
assumption
is
consistent
with
the
economic
assessment
document
developed
for
this
proposed
rule.

16
EPA
conservatively
assumes
that
the
annual
testing
requirements
will
be
suspended
for
none
of
the
facilities
during
the
three­
year
period
covered
by
this
ICR.

(
3)
Recordkeeping
Demonstrations
for
Use
of
Appropriate
Landfills
Table
2
presents
EPA's
assumptions
regarding
the
waste
management
practices
of
the
16
facilities
expected
to
generate
organic
dyes
and/
or
pigments
production
nonwastewaters
containing
K181
CoCs.
As
shown
in
the
table,
EPA
estimates
that,
of
the
16
facilities,
13
will
dispose
of
their
nonwastewaters
in
a
Subtitle
D
landfill.
8
These
facilities
will
maintain
documentation
demonstrating
that
the
waste
was
disposed
of
in
a
landfill
that
meets
or
exceeds
the
design
criteria
in
40
CFR
258.40.

Table
2
Compliance
Waste
Management
Practices
for
Organic
Dyes
and/
or
Pigments
Nonwastewaters
Containing
K181
Constituents
of
Concern
Type
of
Waste
Management
Number
of
Respondents

1,000
Metric
Tons
>
1,000
Metric
Tons
Total
Subtitle
D
Landfill
a
5
8
13
Subtitle
C
incineration,
followed
by
Subtitle
C
landfill
of
ash
b
2
1
3
Total
7
9
16
a
Assumes
landfill
meets
40
CFR
Part
258
design
standards.
b
Assumes
that
it
would
not
be
economically
feasible
to
have
a
unit
dedicated
to
the
incineration
of
K181
waste.
As
a
result,
Subtitle
C
incineration
facilities
would
incinerate
K181
waste
with
other
hazardous
wastes
and
dispose
of
the
incineration
ashes
in
a
Subtitle
C
landfill.
17
EXHIBIT
1
HAZARDOUS
WASTE
LISTING
FOR
ORGANIC
DYES
AND/
OR
PIGMENTS
PRODUCTION
WASTESa
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
per
Respondent
Legal
Manager
Technical
Clerical
INFORMATION
COLLECTION
ACTIVITY
$
114.57/
Hr
$
89.86/
Hr
$
58.82/
Hr
$
30.76/
Hr
Read
the
regulations
1.50
2.50
2.50
0.00
6.50
$
543.56
$
0.00
$
0.00
37
241
$
20,112
Determine
that
the
dyes
and/
or
pigments
nonwastewater
is
not
K181
0.00
0.25
1.00
0.00
1.25
$
81.29
$
0.00
$
0.00
21
26
$
1,707
Document
the
basis
for
determining
that
the
dyes
and/
or
pigments
nonwastewater
is
not
K181
on
an
annual
basis
0.00
0.00
0.50
0.00
0.50
$
29.41
$
0.00
$
0.00
21
11
$
618
Keep
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.08
$
0.00
$
0.00
21
2
$
65
Subtotal
0.00
0.25
1.50
0.10
1.85
$
113.78
$
0.00
$
0.00
21
39
$
2,390
Document
the
basis
for
determining
that
the
annual
quantity
of
nonwastewaters
expected
to
be
generated
is
less
than
1,000
metric
tons
0.00
0.25
4.00
0.10
4.35
$
260.82
$
0.00
$
0.00
5
22
$
1,304
Track
the
actual
quantity
of
nonwastewaters
generated
throughout
the
year
0.00
0.00
3.00
0.00
3.00
$
176.46
$
0.00
$
0.00
5
15
$
882
Keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
calendar
year
0.00
0.00
3.00
0.00
3.00
$
176.46
$
0.00
$
0.00
5
15
$
882
Keep
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.08
$
0.00
$
0.00
5
1
$
15
Subtotal
0.00
0.25
10.00
0.20
10.45
$
616.82
$
0.00
$
0.00
5
53
$
3,083
Determine
which
K181
constituents
are
reasonably
expected
to
be
present
in
the
wastes
0.00
0.25
4.00
0.00
4.25
$
257.75
$
0.00
$
0.00
8
34
$
2,062
Determine
which
K181
constituents
are
reasonably
expected
to
be
present
in
the
wastes
based
on
testing
0.00
0.00
2.00
0.10
2.10
$
120.72
$
0.00
$
5,255.00
0
0
$
0
Develop
waste
sampling
and
analysis
plan
0.00
0.25
4.00
0.50
4.75
$
273.13
$
0.00
$
0.00
8
38
$
2,185
Collect
and
analyze
samples
in
accordance
with
the
waste
sampling
and
analysis
plan
0.00
0.00
2.00
0.25
2.25
$
125.33
$
0.00
$
5,445.00
8
18
$
44,563
Record
analytical
results
0.00
0.00
0.25
0.00
0.25
$
14.71
$
0.00
$
0.00
8
2
$
118
Record
the
waste
quantity
represented
by
the
sampling
and
analysis
results
0.00
0.00
0.25
0.00
0.25
$
14.71
$
0.00
$
0.00
8
2
$
118
Calculate
constituent­
specific
mass
loadings
0.00
0.00
1.00
0.00
1.00
$
58.82
$
0.00
$
0.00
8
8
$
471
Keep
a
running
total
of
the
K181
constituent
mass
loadings
over
the
course
of
the
calendar
year
0.00
0.00
3.00
0.00
3.00
$
176.46
$
0.00
$
0.00
8
24
$
1,412
Determine
whether
the
annual
mass
loadings
are
below
the
K181
listing
levels
0.00
0.00
0.10
0.00
0.10
$
5.88
$
0.00
$
0.00
8
1
$
47
Keep
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.08
$
0.00
$
0.00
8
1
$
25
If
annual
testing
requirements
are
suspended,
use
knowledge
of
the
waste
to
support
subsequent
annual
determination
0.00
0.25
4.00
0.00
4.25
$
257.75
$
0.00
$
0.00
0
0
$
0
If
annual
testing
requirements
are
suspended,
keep
records
of
the
process
knowledge
information
used
to
support
a
nonhazardous
determination
0.00
0.00
0.00
0.10
0.10
$
3.08
$
0.00
$
0.00
0
0
$
0
If
the
manufacturing
or
waste
treatment
processes
generating
the
wastes
are
significantly
altered,
retain
a
description
of
the
process
change
0.00
0.25
1.00
0.10
1.35
$
84.36
$
0.00
$
0.00
0
0
$
0
Subtotal
0.00
varies
varies
varies
varies
varies
$
0.00
varies
varies
128
$
51,001
Maintain
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
cell
subject
to
the
landfill
design
standards
set
out
in
the
listing
description
0.00
0.00
0.00
0.10
0.10
$
3.08
$
0.00
$
0.00
13
1
$
40
TOTAL
varies
varies
varies
varies
varies
varies
varies
varies
varies
462
$
76,626
a
Exhibit
contains
rounding
error.

RECORDKEEPING
DEMONSTRATIONS
FOR
USE
OF
APPROPRIATE
LANDFILLS
Total
Hours
and
Costs
Determination
For
Low
Volume
Wastes
that
Contain
K181
Constituents
Number
of
Respondents
Total
Hours/

Year
Total
Cost/

Year
Respon.

Hours/

Year
Labor
Cost/

Year
PROCEDURES
FOR
DEMONSTRATING
THAT
DYES
AND/
OR
PIGMENTS
NONWASTEWATERS
ARE
NOT
K181
Capital/

Startup
Cost
Determination
Based
on
No
K181
Constituents
O&
M
Cost
Determination
for
High
Volume
Wastes
with
K181
Constituents
READING
THE
REGULATIONS
9
Of
the
eight
affected
ICRs,
four
are
associated
with
information
collection
activities
that
would
be
undertaken
by
one
facility
expected
to
seek
a
RCRA
permit
to
operate
an
on­
site
incinerator.

18
Annual
Respondent
Hour
and
Cost
Burden
under
Existing
Information
Collection
Requirements
In
addition
to
the
new
information
collection
requirements
from
the
proposed
listing,
EPA
also
estimated
the
hour
and
cost
burden
that
generators
of
K181
listed
waste
and
subsequent
hazardous
waste
handlers
would
incur
in
complying
with
existing
RCRA
information
collection
requirements.
These
costs
are
presented
in
Exhibit
2,
broken
out
by
the
existing
EPA
ICRs
affected
by
the
proposed
rule.

In
developing
Exhibit
2,
EPA
reviewed
each
of
the
affected
ICRs
to
identify
the
existing
information
collection
activities
that
would
be
undertaken
by
generators
and
handlers
of
K181
listed
waste,
calculated
the
associated
hour
and
cost
burden,
and
presented
the
totals
in
the
exhibit.
Following
are
the
affected
ICRs,
along
with
a
description
of
relevant
capital
and
O&
M
costs:
9
°
Part
A
RCRA
Hazardous
Waste
Permit
Application
and
Modification
ICR
(
EPA
ICR
Number
262):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
submitting
Part
A
Application
and
reports;


Manifest
ICR
(
EPA
ICR
Number
801):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
sending
and
returning
copies
of
the
manifest
forms;


Generator
Standards
ICR
(
EPA
ICR
Number
820):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
submitting
contingency
plan
to
relevant
emergency
centers;

°
Biennial
Report
ICR
(
EPA
ICR
Number
976):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
submitting
report
to
State
or
EPA
Regional
Office
and
maintaining
copies
of
Site
Identification,
Waste
Generation
and
Management
(
GM),
and
Waste
Received
from
Off­
Site
(
WR)
Forms;


Land
Disposal
Restrictions
ICR
(
EPA
ICR
Number
1442):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
waste
analyses
and
transmittal
and
recordkeeping
of
one­
time
LDR
notifications
and
certifications;

°
General
Facility
Standards
ICR
(
EPA
ICR
Number
1571):
capital
costs
are
associated
with
the
purchase
of
file
cabinets
to
retain
specified
documentation;
O&
M
costs
are
associated
with
submitting
monitoring
reports
and
performing
waste
analyses;
19
°
Specific
Units
ICR
(
EPA
ICR
Number
1572):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
submitting
exemption
demonstration
to
EPA
Region;
and
°
Part
B
Permit
Application,
Permit
Modifications,
and
Special
Permits
ICR
(
EPA
ICR
Number
1573):
there
are
no
capital
costs;
O&
M
costs
are
associated
with
preparing
and
submitting
Part
B
Permit
Application.

6(
e)
Bottom
Line
Hour
and
Cost
Burden
Respondent
Tally
EPA
presents
the
total
annual
respondent
burden
and
cost
for
the
new
information
collection
requirements
associated
with
the
proposed
rule
in
Exhibit
1.
In
Exhibit
2,
EPA
tallies
respondents'
burden
under
the
rule
and
existing
RCRA
information
collection
requirements,
in
order
to
derive
aggregate
burden.

Exhibit
2
shows
that
the
burden
under
the
proposed
rule
is
estimated
to
be
462
hours
and
$
76,626
annually.
EPA
estimates
that
the
burden
under
existing
program
requirements
would
be
1,677
hours
and
$
633,098
per
year.
Thus,
the
aggregate
burden
under
the
proposed
rule
is
estimated
to
be
2,139
hours
and
$
709,724
per
year.
The
three­
year
bottom­
line
aggregate
burden
is
estimated
to
be
6,417
hours
and
$
2.13
million.

Agency
Tally
There
are
no
Agency
activities
associated
with
the
new
information
collection
requirements.
Thus,
there
is
no
Agency
hour
or
cost
burden
associated
with
this
rule.

6(
f)
Reasons
for
Change
In
Burden
In
establishing
the
K181
listing,
EPA
added
some
new
information
collection
requirements
to
ensure
that
the
wastes
are
managed
and
disposed
of
in
a
manner
that
is
protective
of
human
health
and
the
environment.
The
listing
also
will
subject
the
newly
listed
organic
dyes
and/
or
pigments
production
nonwastewaters
to
the
existing
RCRA
information
collection
requirements
and,
as
such,
reflect
an
adjustment
in
the
respondent
universe
for
these
requirements
in
the
eight
affected
EPA
ICRs.
20
EXHIBIT
2
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
SUMMARY
a
(
INCLUDING
SAVINGS
IN
PAPERWORK
BURDEN
IN
EXISTING
ICRS)

Hazardous
Waste
Listing
for
Organic
Dyes
and/
or
Pigments
Production
Wastes
2120
462
$
33,066
$
0
$
43,560
$
76,626
Part
A
RCRA
Hazardous
Waste
Permit
Application
and
Modification
262
8
$
527
$
0
$
3
$
529
Manifest
801
33
$
970
$
0
$
10
$
980
Generator
Standards
820
29
$
1,411
$
0
$
8
$
1,419
Biennial
Report
976
4
$
215
$
0
$
2
$
216
Land
Disposal
Restrictions
1442
4
$
182
$
0
$
24,415
$
24,597
General
Facility
Standards
1571
181
$
8,634
$
60
$
249
$
8,942
Specific
Units
1572
214
$
11,598
$
0
$
3
$
11,601
Part
B
Permit
Application,
Permit
Modifications,
and
Special
Permits
1573
1,205
$
72,579
$
0
$
512,234
$
584,814
Subtotal
N/
A
1,677
$
96,116
$
60
$
536,923
$
633,098
TOTAL
N/
A
2,139
$
129,182
$
60
$
580,483
$
709,724
a
Exhibit
contains
rounding
error.

Existing
Paperwork
Requirements
Capital
Cost/
Year
O&
M
Cost/
Year
Total
Cost/
Year
New
Paperwork
Requirements
ICR
Name
ICR
Number
Hours/
Year
Labor
Cost/
Year
21
6(
g)
Public
Burden
Statement
There
is
no
public
reporting
burden
from
the
new
information
collection
requirements
in
the
proposed
rule.
The
hourly
recordkeeping
burden
from
the
new
requirements
ranges
between
6.5
and
30.35
hours
per
respondent
per
year.
This
burden
includes
time
for
reading
the
regulations,
determining
whether
organic
dyes
and/
or
pigments
production
nonwastewaters
exceed
regulatory
listing
levels,
and
keeping
documentation
on
site,
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
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
2003­
0001,
which
is
available
for
public
viewing
at
the
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
2003­
0001).
