SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1189.15
"
HAZARDOUS
WASTE
LISTING
FOR
ORGANIC
DYES
AND/
OR
PIGMENTS
PRODUCTION
WASTES"

February
2005
Office
of
Solid
Waste
United
States
Environmental
Protection
Agency
Washington,
D.
C.
20460
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
1
1(
a)
Title
and
Number
of
the
Information
Collection
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
1
1(
b)
Short
Characterization
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
3
2(
a)
Need
and
Authority
for
the
Collection
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
3
2(
b)
Practical
Utility
and
Users
of
the
Data
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
3
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
4
3(
a)
Nonduplication
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
4
3(
b)
Public
Notice
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
4
3(
c)
Consultations
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
4
3(
d)
Effects
of
Less
Frequent
Collection
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
5
3(
e)
General
Guidelines
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
6
3(
f)
Confidentiality
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
6
3(
g)
Sensitive
Questions
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
6
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
.
.
.
.
.
.
.
.
.
.
.
.
6
4(
a)
Respondents
and
SIC/
NAICS
Codes
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
6
4(
b)
Information
Requested
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
7
5.
THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
11
5(
a)
Agency
Activities
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
12
5(
b)
Collection
Methodology
and
Management
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
12
5(
c)
Small
Entity
Flexibility
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
12
5(
d)
Collection
Schedule
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
12
6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
.
.
.
.
.
.
12
6(
a)
Estimating
Respondent
Burden
Hours
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
12
6(
b)
Estimating
Respondent
Costs
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
13
6(
c)
Estimating
Agency
Hour
and
Cost
Burden
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
14
6(
d)
Estimating
the
Annual
Respondent
Universe
and
Total
Hour
and
Cost
Burden
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
14
6(
e)
Bottom
Line
Hour
and
Cost
Burden
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
18
6(
f)
Reasons
for
Change
In
Burden
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
21
6(
g)
Public
Burden
Statement
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
21
1
1
This
ICR
uses
the
terminology
"
organic
dyes
and/
or
pigments"
to
refer
to
all
of
the
organic
dyes
and/
or
pigments
production
facilities
or
processes
potentially
impacted
by
the
final
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
seven
CoCs
are:
aniline,
o­
anisidine,
4­
chloroaniline,
p­
cresidine,
2,4­
dimethylaniline,
1,2­
phenylenediamine,
and
1,3­
phenylenediamine.
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
1189.15.

1(
b)
Short
Characterization
The
U.
S.
Environmental
Protection
Agency
(
EPA)
is
listing
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.
RCRA
directs
EPA
to
determine
whether
these
wastes
present
a
hazard
to
human
health
and
the
environment.
Listed
hazardous
wastes
are
subject
to
stringent
management
and
treatment
standards
under
Subtitle
C
of
RCRA.

EPA
is
promulgating
a
mass
loadings­
based
hazardous
waste
listing
(
i.
e.,
K181)
for
certain
organic
dyes
and/
or
pigments
manufacturing
wastes
in
40
CFR
section
261.32.
Under
this
listing
approach,
these
wastes
are
hazardous
if
they
contain
any
of
seven
specific
constituents
of
concern
(
CoCs)
at
annual
mass
loading
levels
that
meet
or
exceed
the
specified
regulatory
levels.
2
If
generators
determine
that
their
wastes
are
below
regulatory
levels
for
all
CoCs,
then
their
wastes
are
nonhazardous.
If
their
wastes
meet
or
exceed
the
regulatory
levels
for
any
of
the
CoCs,
the
wastes
must
be
managed
as
K181
hazardous
wastes
unless
they
are:
(
i)
disposed
in
a
Subtitle
D
landfill
unit
subject
to
the
design
criteria
in
§
258.40,
(
ii)
disposed
in
a
Subtitle
C
landfill
unit
subject
to
either
§
264.301
or
§
265.301,
(
iii)
disposed
in
other
Subtitle
D
landfill
units
that
meet
the
design
criteria
in
§
258.40,
§
264.301,
or
§
265.301,
or
(
iv)
treated
in
a
combustion
unit
that
is
permitted
under
Subtitle
C,
or
an
onsite
combustion
unit
that
is
permitted
under
the
Clean
Air
Act.

The
final
rule
also
adds
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
final
rule
adds
o­
anisidine,
p­
cresidine,
2,4­
dimethylaniline,
and
1,3­
phenylenediamine
to
the
treatment
standards
applicable
to
F039
landfill
leachate
and
the
Universal
Treatment
Standards
(
UTS)
listed
at
§
268.48.
2
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
organic
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
final
rule.

(
1)
Procedures
for
Demonstrating
that
Organic
Dyes
and/
or
Pigments
Production
Nonwastewaters
Are
Not
K181
Under
§
261.32,
EPA
is
establishing
a
mass
loadings­
based
listing
for
organic
dyes
and/
or
pigments
production
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
§
261.32(
c).
To
make
this
demonstration,
generators
must
follow
the
procedures
under
§
261.32(
d).

Under
§
261.32(
d)(
1),
generators
that
have
knowledge
that
their
waste
contains
none
of
the
K181
constituents
identified
in
section
261.32(
c)
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.

Under
§
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,
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.

Under
§
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
are
required
to
comply
with
the
testing
requirements
to
make
a
determination
that
their
wastes
are
not
K181.
These
generators
must
develop
and
follow
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
based
on
knowledge
of
the
wastes.
In
addition,
generators
must
record
the
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,
and
determine
whether
3
the
mass
of
any
of
the
K181
constituents
is
below
the
K181
listing
levels.
Generators
must
keep
specified
documentation
on
site
for
three
years.

(
2)
Recordkeeping
Demonstrations
for
Use
of
Appropriate
Landfills
and
Combustion
Units
Under
the
§
261.32(
d)(
4)
landfill
disposal
and
combustion
exemptions,
generators
must
maintain
on
site
for
three
years
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
unit
subject
to
or
meets
the
landfill
design
standards
set
out
in
the
listing
description,
or
was
treated
in
a
combustion
unit
as
specified
in
the
listing
description.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need
and
Authority
for
the
Collection
EPA
is
listing
organic
dyes
and/
or
pigments
production
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
organic
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
final
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
Under
the
final
rule,
the
mass
loadings­
based
listing
is
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
final
rule
are
needed
to
ensure
that
generators
characterize
their
wastes
accurately
and
reliably,
and
keep
records
of
the
claims
on
site.

EPA
believes
the
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
4
3
"
Response
to
Comments
Background
Document
 
Hazardous
Waste
Listing
Determination
for
Dyes
and/
or
Pigments
Manufacturing
Wastes
(
Final
Rule),"
dated
February
2005,
available
in
the
public
docket
result,
there
should
be
less
burden
on
organic
dyes
and/
or
pigments
manufacturers
than
would
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
processes
to
reduce
the
use
or
minimize
the
release
of
toxic
CoCs.

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

3(
b)
Public
Notice
In
compliance
with
the
Paperwork
Reduction
Act
of
1995,
EPA
issued
a
public
notice
in
the
Federal
Register
on
November
25,
2003
(
68
FR
66164)
proposing
a
mass
loadings­
based
approach
for
listing
organic
dyes
and/
or
pigments
production
nonwastewaters
as
hazardous
wastes
under
RCRA.
EPA
received
25
comments
on
the
proposed
rule
in
response
to
the
notice.
EPA
reviewed
and
addressed
these
public
comments
in
preparing
the
final
rule
and
background
documents,
including
this
ICR.

In
addition,
the
Office
of
Management
and
Budget
(
OMB)
received
"
initial
comments"
from
the
Color
Pigments
Manufacturers
Association
(
CPMA)
on
the
ICR
developed
for
the
proposed
rule.
These
comments
raised,
in
very
general
terms,
issues
associated
with
waste
characterization
and
analytical
costs.
EPA
addressed
CPMA's
"
initial
comments"
in
the
Response
to
Public
Comments
Document3.
CPMA
also
indicated
its
intention
to
provide
much
more
detailed
comments
on
the
ICR;
as
of
this
date,
EPA
has
not
received
any
additional
comments
from
CPMA
in
this
respect.

3(
c)
Consultations
EPA
has
made
a
number
of
efforts
to
consult
with
its
stakeholders
in
developing
the
rule.
In
1992,
EPA
distributed
a
detailed
RCRA
Section
3007
survey
to
organic
dyes
and/
or
pigments
5
4
See
"
State
Phone
Calls
on
On­
site
Waste
Management
Determination"
in
the
public
docket
for
details.

5
See
meeting
summaries
available
in
the
public
docket
for
this
rulemaking.
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/
or
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.
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.

3(
d)
Effects
of
Less
Frequent
Collection
Under
the
final
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
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
final
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
final
rule
are
not
met,
neither
the
generators
nor
EPA
can
ensure
that
organic
dyes
and/
or
pigments
production
nonwastewaters
are
being
properly
managed,
and
do
not
pose
a
serious
threat
to
human
health
and
the
environment.
6
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
final
rule.
If
such
a
claim
were
asserted,
EPA
must
and
will
treat
the
information
in
accordance
with
the
regulations
cited
above.
EPA
also
will
assure
that
this
information
collection
complies
with
the
Privacy
Act
of
1974
and
OMB
Circular
108.

3(
g)
Sensitive
Questions
No
questions
of
a
sensitive
nature
are
included
in
the
information
collection
requirements
associated
with
the
final
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
7
Industry
Sector
SIC
Code
NAICS
Code
Solid
Waste
Landfills
and
Disposal
Sites,
Nonhazardous
4953
562212
Chemicals
and
Allied
Products
(
Wholesale
trade)
5169
42269
4(
b)
Information
Requested
Under
§
261.32,
EPA
is
establishing
a
mass
loadings­
based
listing
for
organic
dyes
and/
or
pigments
production
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
§
261.32(
d).
These
procedures
are
described
in
the
following
paragraphs.

(
1)
Procedures
for
Demonstrating
that
Organic
Dyes
and/
or
Pigments
Production
Nonwastewaters
Are
Not
K181
(
a)
Determination
Based
on
No
K181
Constituents
Under
§
261.32(
d)(
1),
generators
that
have
knowledge
that
their
waste
contains
none
of
the
K181
constituents
identified
in
§
261.32(
c)
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
organic
dyes
and/
or
pigments
production
nonwastewater
is
not
K181.

(
ii)
Respondent
Activities:

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

°
Document
the
basis
for
determining
that
the
organic
dyes
and/
or
pigments
production
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
8
Under
§
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
§
§
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;

°
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
§
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
are
required
to
comply
with
the
testing
requirements
to
make
a
determination
that
their
wastes
are
not
K181..
These
generators
must
develop
a
waste
sampling
and
analysis
plan
(
or
modify
an
existing
plan)
to
9
collect
and
analyze
representative
waste
samples
for
the
K181
constituents
reasonably
expected
to
be
present
in
the
wastes
based
on
knowledge
of
the
wastes,
as
specified
in
§
261.32(
d)(
3)(
i)
through
(
iii).
In
collecting
and
analyzing
the
waste
samples,
generators
must
follow
the
waste
sampling
and
analysis
plan
(
§
261.32(
d)(
3)(
iv)).

Under
§
§
261.32(
d)(
3)(
v)
through
(
ix),
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
§
261.32(
d)(
3)(
x).

Pursuant
to
§
261.32(
d)(
3)(
xi),
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
10
­
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;
and
°
Calculations
performed
to
determine
annual
mass
loadings
for
each
K181
constituent
in
the
nonwastewaters.

°
If
the
annual
testing
requirements
are
suspended
after
three
successful
demonstrations
that
the
waste
are
non
hazardous,
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,
a
description
of
the
process
change.

(
ii)
Respondent
Activities:

°
Determine
which
K181
constituents
are
reasonably
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;
and
°
Keep
supporting
documentation
on
site.
11
°
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.

(
2)
Recordkeeping
Demonstrations
for
Use
of
Appropriate
Landfills
and
Combustion
Units
Under
the
§
261.32(
d)(
4)
landfill
disposal
and
combustion
exemptions,
generators
must
maintain
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
unit
subject
to
or
meets
the
landfill
design
standards
set
out
in
the
listing
description,
or
was
treated
in
a
combustion
unit
as
specified
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
unit
subject
to
the
landfill
design
standards
set
out
in
the
listing
description,
or
was
treated
in
a
combustion
unit
as
specified
in
the
listing
description.

(
ii)
Respondent
Activity:

°
Maintain
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
unit
subject
to
the
landfill
design
standards
set
out
in
the
listing
description,
or
was
treated
in
a
combustion
unit
as
specified
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.
12
5(
b)
Collection
Methodology
and
Management
All
of
the
information
collected
under
the
listing
will
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
final
rule
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
final
rule
adds
the
K181
wastes
to
the
hazardous
waste
listings,
the
rule
provides
flexibility
to
both
large
and
small
generators
to
determine
whether
they
can
manage
their
waste
as
nonhazardous,
as
specified.
If
a
small
entity's
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
final
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
13
6
Hazardous
Waste
Generator
Standards
ICR,
EPA
ICR
Number
820.08,
June
2001.

7
To
update
the
hourly
rates
to
2004
levels,
EPA
referred
to
"
Table
6.
Employment
Cost
Index
(
Wages
and
Salaries
Only),
Private
Industry
Workers
by
Occupation
and
Industry
Group
(
Not
seasonally
adjusted)"
of
Employment
Cost
Index:
Historical
Listing
(
June
1989
=
100),
U.
S.
Bureau
of
Labor
Statistics
(
July
29,
2004).
This
table
presents
employment
cost
indices
for
private
industry
workers,
by
annual
quarter
(
i.
e.,
for
March,
June,
September,
and
December).
EPA
used
the
June
2001
Index
(
150.9)
and
the
June
2004
Index
(
164.5)
to
develop
an
adjustment
factor
of
1.090
(
i.
e.,
164.5
/
150.9
=
1.090).
Available
at:
http://
www.
bls.
gov/
ncs/
ect/
home.
htm.
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).

(
1)
Labor
Costs
For
purposes
of
this
analysis,
EPA
estimates
an
average
hourly
respondent
labor
rate
(
including
fringe
and
overhead)
of
$
115.74
for
legal
staff,
$
90.78
for
managerial
staff,
$
59.42
for
technical
staff,
and
$
31.08
for
clerical
staff.
These
respondent
labor
rates
were
obtained
from
a
currently­
approved
ICR,
6
and
updated
to
2004
levels
using
Employment
Cost
Indices
developed
by
the
U.
S.
Bureau
of
Labor
Statistics.
7
Using
the
total
burden
hours
discussed
in
Section
6(
a)
and
the
hourly
wage
rates
outlined
in
this
section,
Exhibit
1
illustrates
the
labor
costs
associated
with
the
information
collection
requirements
covered
in
this
ICR.

(
2)
Capital
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
"
the
recurring
dollar
amount
of
costs
associated
with
O&
M
or
purchasing
services."
For
this
ICR,
O&
M
costs
include
initial
waste
characterization
costs,
which
involve
determining
which
K181
constituents
are
present
in
the
wastes
based
on
testing.
O&
M
costs
also
include
analytical
costs,
which
involve:
(
1)
developing
analytical
methods
for
sampling
the
CoCs
added
to
40
CFR
Part
261,
Appendix
VIII
and
(
2)
waste
sampling
and
analysis.
These
O&
M
costs
were
obtained
from
14
8
Refer
to
EPA's
"
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,"
November
2003;
and
"
Revised
Impact
Assessment"
(
Memorandum
from
Lyn
D.
Luben
to
the
RCRA
Docket,
July
21,
2004).

9
The
inflation
index
was
obtained
at:
http://
www.
jsc.
nasa.
gov/
bu2/
inflateGDP.
html.
the
economic
assessment
developed
for
this
rulemaking8,
and
updated
to
2004
levels
using
an
inflation
index
of
1.0131.9
Derivation
of
the
O&
M
costs
is
presented
in
Table
1.

Table
1
O&
M
Costs
Used
in
the
Development
of
this
ICR
O&
M
Cost
Category
O&
M
Cost
in
Economic
Assessment
(
2003
Dollars)
Inflation
Factor
O&
M
Cost
in
this
ICR
(
2004
Dollars)

Initial
waste
characterization
costs
$
3,984
1.0131
$
4,036
Analytical
costs
$
6,530
1.0131
$
6,616
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
final
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
final
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
developed
for
this
rulemaking.

(
1)
Respondent
Universe
15
Table
2
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
33
facilities
to
generate
organic
dyes
and/
or
pigments
production
nonwastewaters
each
year.
Of
these
facilities,
EPA
estimates
that
two
will
generate
nonwastewaters
that
contain
none
of
the
K181
CoCs
and
that
31
will
generate
nonwastewaters
that
contain
one
or
more
K181
CoCs.

Table
2
Annual
Number
of
Respondents
Subject
to
the
New
Paperwork
Requirements
under
the
Final
Rule
Type
of
Organic
Dyes
and/
or
Pigments
Production
Nonwastewater
Number
of
Respondents
a

1,000
Metric
Tons
>
1,000
Metric
Tons
Total
Waste
with
no
K181
CoCs
1
1
2
Waste
with
K181
CoCs
22
9
31
Total
23
10
33
a
Excludes
three
organic
dyes
and/
or
pigments
production
facilities
with
zero
waste
quantities.

The
following
paragraphs
discuss
these
universe
estimates
in
relation
to
the
final
rule
and
existing
RCRA
information
collection
requirements.

(
2)
Annual
Respondent
Hour
and
Cost
Burden
under
the
Final
Rule
Based
on
the
universe
data
presented
in
Table
2,
EPA
estimated
respondent
burden
associated
with
all
of
the
new
paperwork
requirements
under
the
final
rule
in
Exhibit
1.
A
discussion
of
the
assumptions
used
in
developing
these
burden
estimates
follows.

(
a)
Reading
the
Regulations
EPA
estimates
that
33
respondents
will
be
subject
to
the
new
paperwork
requirements
under
the
final
rule.
EPA
assumes
that
all
these
respondents
will
read
the
preamble
to
the
rule
and
the
regulations
each
year.

(
b)
Procedures
for
Demonstrating
that
Organic
Dyes
and/
or
Pigments
Production
Nonwastewaters
Are
Not
K181
(
b1)
Determination
Based
on
No
K181
Constituents
16
EPA
estimates
that
two
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
§
261.32(
c).
These
respondents
will
keep
documentation
on
site
for
three
years
supporting
their
determination
that
the
nonwastewaters
are
nonhazardous.

(
b2)
Determination
For
Generated
Quantities
Less
Than
1,000
MT/
yr
for
Wastes
That
Contain
K181
Constituents
EPA
estimates
that,
each
year,
22
facilities
will
generate
1,000
metric
tons
or
less
of
organic
dyes
and/
or
pigments
production
nonwastewaters
containing
K181
CoCs.
These
22
facilities
are
expected
to
follow
the
procedures
under
§
261.32(
d)(
2)
to
determine
whether
or
not
their
wastes
exceed
the
mass
loading
levels
in
the
listing.

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.

(
b3)
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
§
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
continue
to
burn
its
nonwastewaters
with
high
organic
content
in
onsite
boilers
for
energy
recovery.

To
support
their
determination,
eight
of
the
nine
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.

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.

(
c)
Recordkeeping
Demonstrations
for
Use
of
Appropriate
Landfills
and
Combustion
Units
Table
3
presents
a
summary
of
EPA's
assumptions
regarding
the
waste
management
practices
of
the
31
potentially
impacted
facilities
expected
to
generate
organic
dyes
and/
or
17
pigments
production
nonwastewaters
containing
K181
CoCs.
As
shown
in
the
table,
EPA
estimates
that,
30
of
the
31
facilities
may
likely
send
their
in­
scope
nonwastewaters
to
landfill
units
that
meet
the
design
criteria
of
§
258.40,
§
264.301
or
§
265.301
if
annual
mass
loadings
for
the
K181
CoCs
meet
or
exceed
one
or
more
of
the
respective
listing
levels.
As
such,
these
wastes
are
conditionally
exempt
from
the
K181
listing.
The
remaining
facility
may
continue
to
burn
its
waste
with
high
organic
content
in
onsite
boilers
permitted
by
the
State
under
the
Clean
Air
Act
for
energy
recovery;
this
waste
is
also
exempt
from
the
K181
listing,
and
the
resultant
ash
may
thus
be
managed
as
nonhazardous.
These
facilities
must
maintain
documentation
demonstrating
that
each
shipment
of
waste
was
received
by
a
landfill
unit
subject
to
the
landfill
design
standards
set
out
in
the
listing
description,
or
was
treated
in
a
combustion
unit
as
specified
in
the
listing
description.
This
documentation
must
be
maintained
on
site
for
a
period
of
three
years.

Table
3
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
22
8
30
Onsite
combustion
units,
followed
by
Subtitle
D
landfill
of
ash
b
0
1
1
Total
22
9
31
a
Assumes
landfill
meets
§
258.40,
§
264.301,
or
§
265.301design
standards.
b
Waste
treated
in
an
onsite
combustion
unit
that
is
permitted
under
the
Clean
Air
Act
is
exempt
from
the
K181
listing.

(
3)
Annual
Respondent
Hour
and
Cost
Burden
under
Existing
Information
Collection
Requirements
Based
on
the
feasible
scenarios
assumed
above
for
the
analysis
of
the
new
information
collection
requirements
from
the
new
K181
listing,
in­
scope
organic
dyes
and/
or
pigments
manufacturing
nonwastewaters
will
likely
be
conditionally
exempt
from
the
K181
listing.
Therefore,
such
wastes
will
not
be
subject
to
existing
RCRA
information
collection
requirements.
On
the
other
hand,
EPA
estimated
the
hour
and
cost
burden
that
impacted
expanded
scope
18
10
Thirteen
non
dyes
and/
or
pigment
facilities
handling
other
hazardous
organic
nonwastewaters
may
potentially
be
impacted
due
to
the
addition
of
certain
K181
listing
constituents
to
the
UTS
standards.
These
facilities
need
to
perform
additional
sampling
and
analysis
to
comply
with
the
Land
Disposal
Restrictions
(
LDR)
requirements.
See
discussions
at
68
FR
66220,
November
25,
2003.
facilities10
will
incur
in
complying
with
existing
RCRA
information
collection
requirements.
These
costs
are
presented
in
Exhibit
2.

In
developing
Exhibit
2,
EPA
identified
the
existing
information
collection
activities
that
will
be
undertaken
by
the
potentially
impacted
facilities,
calculated
the
associated
hour
and
cost
burden,
and
presented
the
totals
in
the
exhibit.
Below
is
the
affected
ICR,
along
with
a
description
of
relevant
capital
and
O&
M
costs:


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.

6(
e)
Bottom
Line
Hour
and
Cost
Burden
(
1)
Respondent
Tally
EPA
presents
the
total
annual
respondent
burden
and
cost
for
the
new
information
collection
requirements
associated
with
the
final
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
final
rule
is
estimated
to
be
563
hours
and
$
123,776
annually.
EPA
estimates
that
the
burden
under
existing
program
requirements
will
be
2
hours
and
$
86,102
per
year.
Thus,
the
aggregate
burden
under
the
final
rule
is
estimated
to
be
565
hours
and
$
209,878
per
year.
The
three­
year
bottom­
line
aggregate
burden
is
estimated
to
be
1,695
hours
and
$
629,634.

(
2)
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.
19
EXHIBIT
1
HAZARDOUS
WASTE
LISTING
FOR
ORGANIC
DYES
AND/
OR
PIGMENTS
PRODUCTION
WASTES
a
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
per
Respondent
Total
Hours
and
Costs
Legal
Manager
Technical
Clerical
Respondent
Hours/
Year
Labor
Cost/
Year
Capital/

Startup/
Cost
O&
M
Cost
Number
of
Respondents
Total
Hours/

Year
Total
Cost/
Year
INFORMATION
COLLECTION
ACTIVITY
$
115.74/
Hr
$
90.78/
Hr
$
59.42/
Hr
$
31.08/
Hr
READING
THE
REGULATIONS
Read
the
regulations
1.50
2.50
2.50
0.00
6.50
$
549.11
$
0.00
$
0.00
33
215
$
18,121
PROCEDURES
FOR
DEMONSTRATING
THAT
ORGANIC
DYES
AND/
OR
PIGMENTS
PRODUCTION
NONWASTEWATERS
ARE
NOT
K181
Determination
Based
on
No
K181
Constituents
Determine
that
the
organic
dyes
and/
or
pigments
production
nonwastewater
is
not
K181
0.00
0.25
1.00
0.00
1.25
$
82.12
$
0.00
$
0.00
2
3
$
164
Document
the
basis
for
determining
that
the
organic
dyes
and/
or
pigments
production
nonwastewater
is
not
K181
on
an
annual
basis
0.00
0.00
0.50
0.00
0.50
$
29.71
$
0.00
$
0.00
2
1
$
59
Keep
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.11
$
0.00
$
0.00
2
0
$
6
Subtotal
0.00
0.25
1.50
0.10
1.85
$
114.94
$
0.00
$
0.00
2
4
$
229
Determination
For
Low
Volume
Wastes
that
Contain
K181
Constituents
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
$
263.48
$
0.00
$
0.00
22
96
$
5,797
Track
the
actual
quantity
of
nonwastewaters
generated
throughout
the
year
0.00
0.00
3.00
0.00
3.00
$
178.26
$
0.00
$
0.00
22
66
$
3,922
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
$
178.26
$
0.00
$
0.00
22
66
$
3,922
Keep
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.11
$
0.00
$
0.00
22
2
$
68
Subtotal
0.00
0.25
10.00
0.20
10.45
$
623.11
$
0.00
$
0.00
22
230
$
13,709
Determination
for
High
Volume
Wastes
with
K181
Constituents
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
$
121.95
$
0.00
$
4,036.00
8
17
$
33,264
Develop
waste
sampling
and
analysis
plan
0.00
0.25
4.00
0.50
4.75
$
275.92
$
0.00
$
0.00
8
38
$
2,207
Collect
and
analyze
samples
in
accordance
with
the
waste
sampling
and
analysis
plan
0.00
0.00
2.00
0.25
2.25
$
126.61
$
0.00
$
6,616.00
8
18
$
53,941
Record
analytical
results
0.00
0.00
0.25
0.00
0.25
$
14.86
$
0.00
$
0.00
8
2
$
119
Record
the
waste
quantity
represented
by
the
sampling
and
analysis
results
0.00
0.00
0.25
0.00
0.25
$
14.86
$
0.00
$
0.00
8
2
$
119
Calculate
constituent­
specific
mass
loadings
0.00
0.00
1.00
0.00
1.00
$
59.42
$
0.00
$
0.00
8
8
$
475
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
$
178.26
$
0.00
$
0.00
8
24
$
1,426
Determine
whether
the
annual
mass
loadings
are
below
the
K181
listing
levels
0.00
0.00
0.10
0.00
0.10
$
5.94
$
0.00
$
0.00
8
1
$
48
Keep
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.11
$
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
$
260.38
$
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
0.00
0.00
0.00
0.10
0.10
$
3.11
$
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
$
85.22
$
0.00
$
0.00
0
0
$
0
Subtotal
0.00
varies
varies
varies
varies
varies
$
0.00
varies
varies
111
$
91,624
RECORDKEEPING
DEMONSTRATIONS
FOR
USE
OF
APPROPRIATE
LANDFILLS
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
$
3.11
$
0.00
$
0.00
30
3
$
93
TOTAL
varies
varies
varies
varies
varies
varies
varies
varies
varies
563
$
123,776
a
Exhibit
contains
round
error
20
EXHIBIT
2
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
SUMMARY
a
(
INCLUDING
SAVINGS
IN
PAPERWORK
BURDEN
IN
EXISTING
ICRs)

ICR
Name
ICR
Number
Hours/
Year
Labor
Cost/
Year
Capital
Cost/
Year
O&
M
Cost/
Year
Total
Cost/
Year
New
Paperwork
Requirements
Hazardous
Waste
Listing
for
Organic
Dyes
and/
or
Pigments
Production
Wastes
1189
563
$
38,560
$
0
$
85,216
$
123,776
Existing
Paperwork
Requirements
Land
Disposal
Restrictions
1442
2
$
94
$
0
$
86,008
$
86,102
Subtotal
N/
A
2
$
94
$
0
$
86,008
$
86,102
TOTAL
N/
A
565
$
38,654
$
0
$
171,224
$
209,878
a
Exhibit
contains
rounding
error.
21
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.

6(
g)
Public
Burden
Statement
There
is
no
public
reporting
burden
from
the
new
information
collection
requirements
in
the
final
rule.
The
hourly
recordkeeping
burden
from
the
new
requirements
ranges
between
6.5
and
20.40
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)
and
OMB
control
number
(
2050­
0053)
in
any
correspondence.
