SUPPORTING
STATEMENT
FOR
INFORMATION
COLLECTION
REQUEST
NUMBER
820.10
"
GENERATOR
STANDARDS
APPLICABLE
TO
COLLEGE
AND
UNIVERSITY
LABORATORIES"

December
19,
2005
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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5
2(
a)
Need
and
Authority
for
the
Collection
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5
2(
b)
Practical
Utility
and
Users
of
the
Data
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8
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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10
3(
a)
Nonduplication
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10
3(
b)
Public
Notice
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10
3(
c)
Consultations
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10
3(
d)
Effects
of
Less
Frequent
Collection
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12
3(
e)
General
Guidelines
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12
3(
f)
Confidentiality
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12
3(
g)
Sensitive
Questions
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12
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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12
4(
a)
Respondents
and
SIC/
NAICS
Codes
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12
4(
b)
Information
Requested
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13
5.
THE
INFORMATION
COLLECTED 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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20
5(
a)
Agency
Activities
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20
5(
b)
Collection
Methodology
and
Management
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20
5(
c)
Small
Entity
Flexibility
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20
5(
d)
Collection
Schedule
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21
6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
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22
6(
a)
Estimating
Respondent
Burden
Hours
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22
6(
b)
Estimating
Respondent
Costs
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22
6(
c)
Estimating
Agency
Hour
and
Cost
Burden
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24
6(
d)
Estimating
the
Annual
Respondent
Universe
and
Total
Hour
and
Cost
Burden
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24
6(
e)
Bottom
Line
Hour
and
Cost
Burden
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29
6(
f)
Reasons
for
Change
in
Burden
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29
6(
g)
Public
Burden
Statement
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29
1
1
Refer
to
proposed
40
CFR
262.200
for
the
definitions
of
"
college/
university"
and
"
laboratory"
under
the
rule.
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
This
Information
Collection
Request
(
ICR)
is
entitled
"
Generator
Standards
Applicable
to
College
and
University
Laboratories,"
EPA
ICR
Number
820.10.

1(
b)
Short
Characterization
The
U.
S.
Environmental
Protection
Agency
(
EPA)
is
proposing
to
amend
the
regulations
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
applicable
to
the
management
of
hazardous
wastes
generated
in
college
and
university
(
C/
U)
laboratories.
1
The
intent
of
the
proposed
rule
is
to
establish
an
alternative
set
of
generator
requirements
for
C/
U
laboratories
that
is
better
suited
to
their
unique
circumstances,
and
promotes
environmental
protection
and
public
health
through
safer
management
of
laboratory
chemical
wastes.
This
set
of
requirements
would
be
codified
at
40
CFR
Part
262,
Subpart
K.
The
requirements
of
Subpart
K
would
only
apply
to
hazardous
wastes
generated
in
C/
U
laboratories.
Hazardous
wastes
generated
in
other
parts
of
the
C/
U
and
laboratories
located
in
non­
C/
Us
would
remain
subject
to
the
existing
hazardous
waste
regulations.

Under
the
proposed
rule,
a
C/
U
with
laboratories
that
generate
hazardous
waste
would
have
the
choice
to
manage
its
hazardous
waste
in
accordance
with
the
alternative
set
of
regulations
or
remain
subject
to
the
existing
generator
regulations
promulgated
in
40
CFR
Part
262,
Subpart
C.
Unwanted
materials
that
are
generated
in
laboratories
of
participating
C/
Us
must
be
managed
in
the
laboratory
in
accordance
with
the
proposed
Subpart
K
requirements
(
e.
g.,
container
labeling).

In
Sections
1
through
5
of
this
ICR,
EPA
presents
a
comprehensive
description
of
the
information
collection
requirements
in
the
proposed
rule.
In
Section
6,
EPA
estimates
the
total
annual
incremental
hour
and
cost
burden
to
respondents
and
the
Agency
under
these
requirements.

In
the
following
paragraphs,
EPA
briefly
describes
the
information
collection
requirements
covered
in
this
ICR.

(
1)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.203(
a),
a
C/
U
must
notify
the
appropriate
EPA
Regional
Administrator
or
State
Director
that
it
is
electing
to
be
subject
to
the
requirements
of
Subpart
K
for
all
laboratories
located
at
the
C/
U
under
the
same
EPA
identification
(
ID)
number.
Under
2
2
OMB,
The
Paperwork
Reduction
Act
of
1995:
Implementing
Guidance
for
OMB
Review
of
Agency
Information
Collection,
June
2,
1999.
proposed
section
262.203(
b),
a
copy
of
the
notification
must
be
kept
on
file
at
the
C/
U
while
the
C/
U
is
subject
to
Subpart
K.

(
2)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.204(
a),
a
C/
U
may
elect
to
notify
the
appropriate
EPA
Regional
Administrator
or
State
Director
in
writing
that
the
C/
U
no
longer
will
be
subject
to
the
requirements
of
Subpart
K
for
the
laboratories
located
at
the
C/
U
under
the
same
EPA
ID
number.
Under
proposed
section
262.204(
b),
a
copy
of
the
withdrawal
notice
must
be
kept
on
file
at
the
C/
U
for
three
years
from
the
date
of
the
letter.

(
3)
Labeling
of
Containers
of
Unwanted
Materials
in
the
Laboratory
Under
proposed
40
CFR
262.206(
a),
C/
Us
must
label
containers
of
unwanted
materials
managed
in
a
laboratory.
In
doing
so,
the
words
"
unwanted
material"
and
sufficient
information
to
alert
emergency
responders
to
the
hazards
or
the
contents
of
the
container
must
be
affixed
to
or
physically
accompany
the
container.
In
addition,
information
sufficient
to
allow
a
RCRAtrained
individual
to
properly
identify
whether
an
unwanted
material
is
a
solid
and
hazardous
waste
and
to
assign
a
proper
hazardous
waste
code
must
be
associated
with
the
container
(
e.
g.,
the
name
and/
or
description
of
the
chemical
contents
or
composition
of
the
unwanted
material).
Finally,
the
date
that
unwanted
material
first
began
accumulating
in
the
container
must
be
associated
with
the
container.
[
Note:
Office
of
Management
and
Budget
(
OMB)
guidance
indicates
that,
if
a
person
is
requested
or
directed
to
post
a
label
disclosing
information
completely
defined
by
a
Federal
agency,
the
information
collection
is
exempted
from
OMB
review
and
approval.
2
For
this
reason,
in
this
ICR,
the
addition
of
the
words
"
unwanted
material"
to
the
container
label
is
not
considered
an
information
collection
and
thus,
is
not
examined
in
the
remainder
of
this
document.]

(
4)
Training
and
Instruction
Under
proposed
40
CFR
262.207,
C/
Us
must
train
or
instruct
all
individuals
working
in
a
laboratory
(
e.
g.,
train
laboratory
workers,
instruct
students).
This
training
or
instruction
must
be
commensurate
with
their
duties.

Under
proposed
section
262.207(
a),
C/
Us
that
are
large
quantity
generators
(
LQGs)
must
maintain
training
records
for
laboratory
workers.
These
records
must
be
sufficient
to
determine
whether
laboratory
workers
have
been
trained.
Records
must
be
maintained
for
the
duration
specified
in
section
265.16(
e).
3
3
Ibid.
(
5)
Removal
of
Containers
of
Unwanted
Material
from
the
Laboratory
Under
proposed
40
CFR
262.208(
a),
C/
Us
must
remove
all
containers
of
unwanted
material
and
acutely
reactive
unwanted
materials
from
each
laboratory
on
a
regular
interval,
not
to
exceed
six
months.
Under
proposed
sections
262.208(
b)
and
262.208(
c),
if
a
laboratory
accumulates
more
than
55
gallons
of
unwanted
material
or
1
quart
of
acutely
reactive
unwanted
material
before
the
regularly
scheduled
removal,
then
all
containers
of
such
material
must
be
labeled
with
the
date
the
55
gallons
or
the
1
quart
is
exceeded.
All
containers
must
then
be
removed
from
the
laboratory
within
10
calendar
days
of
the
date
the
55
gallons/
1
quart
was
exceeded,
or
at
the
next
regularly
scheduled
removal,
whichever
comes
first.

(
6)
Making
the
Hazardous
Waste
Determination
in
the
Laboratory
Proposed
40
CFR
262.210
establishes
the
requirements
applicable
to
making
the
hazardous
waste
determination
for
unwanted
materials
in
the
laboratory
by
the
time
that
the
unwanted
material
is
removed
from
the
laboratory.
Under
proposed
section
262.210(
a),
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
by
the
time
the
unwanted
material
is
removed
from
the
laboratory.
Under
proposed
section
262.210(
b),
if
an
unwanted
material
meets
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
and
the
words
"
hazardous
waste"
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
an
on­
site
central
accumulation
area,
an
on­
site
interim
status
or
permitted
treatment,
storage,
or
disposal
facility
(
TSDF),
or
transported
off
site
to
a
designated
facility.
[
Note:
OMB
guidance
indicates
that,
if
a
person
is
requested
or
directed
to
post
a
label
disclosing
information
completely
defined
by
a
Federal
agency,
the
information
collection
is
exempted
from
OMB
review
and
approval.
3
For
this
reason,
in
this
ICR,
the
addition
of
the
words
"
hazardous
waste"
to
the
container
label
is
not
considered
an
information
collection
and
thus,
is
not
examined
in
the
remainder
of
this
document.]

(
7)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Central
Accumulation
Area
Proposed
40
CFR
262.211
establishes
the
requirements
applicable
to
making
hazardous
waste
determinations
for
unwanted
materials
at
an
on­
site
central
accumulation
area.
Under
proposed
section
262.211(
c),
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
within
four
calendar
days
of
arriving
at
the
on­
site
central
accumulation
area.

Under
proposed
section
262.211(
d),
the
unwanted
material
becomes
subject
to
the
generator
accumulation
regulations
of
40
CFR
262.34(
a)
for
LQGs
or
40
CFR
262.34(
d)
for
4
4
Ibid.

5
Ibid.
small
quantity
generators
(
SQGs)
as
soon
as
it
arrives
in
the
central
accumulation
area,
except
for
the
labeling
requirements
of
section
262.34(
a)(
3).

Under
proposed
section
262.211(
e),
if
the
unwanted
material
meets
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
and
the
words
"
hazardous
waste"
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
another
on­
site
central
accumulation
area
or
on­
site
interim
status
or
permitted
TSDF,
or
transported
off
site
to
a
designated
facility.
[
Note:
OMB
guidance
indicates
that,
if
a
person
is
requested
or
directed
to
post
a
label
disclosing
information
completely
defined
by
a
Federal
agency,
the
information
collection
is
exempted
from
OMB
review
and
approval.
4
For
this
reason,
in
this
ICR,
the
addition
of
the
words
"
hazardous
waste"
to
the
container
label
is
not
considered
an
information
collection
and
thus,
is
not
examined
in
the
remainder
of
this
document.]

(
8)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Interim
Status
or
Permitted
TSDF
Proposed
40
CFR
262.212
establishes
the
requirements
applicable
to
making
a
hazardous
waste
determination
for
unwanted
materials
at
an
on­
site
interim
status
or
permitted
TSDF.
Under
proposed
section
262.212(
c),
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
within
four
calendar
days
of
arriving
at
an
on­
site
interim
status/
permitted
TSDF.

Under
proposed
section
262.212(
d),
the
unwanted
material
becomes
subject
to
the
terms
of
the
C/
U's
hazardous
waste
permit
or
interim
status
as
soon
as
it
arrives
in
the
on­
site
TSDF.

Under
proposed
section
262.212(
e),
if
the
unwanted
materials
meet
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
and
the
words
"
hazardous
waste"
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
another
interim
status
or
permitted
TSDF
or
transported
off
site
to
a
designated
facility.
[
Note:
OMB
guidance
indicates
that,
if
a
person
is
requested
or
directed
to
post
a
label
disclosing
information
completely
defined
by
a
Federal
agency,
the
information
collection
is
exempted
from
OMB
review
and
approval.
5
For
this
reason,
in
this
ICR,
the
addition
of
the
words
"
hazardous
waste"
to
the
container
label
is
not
considered
an
information
collection
and
thus,
is
not
examined
in
the
remainder
of
this
document.]

(
9)
Laboratory
Clean­
Outs
Under
proposed
40
CFR
262.213(
c),
a
C/
U
that
conducts
a
laboratory
clean­
out
in
accordance
to
proposed
section
262.213(
a)
and
(
b)
must
document
the
activities
of
the
laboratory
5
clean­
out.
In
addition,
the
C/
U
must
maintain
the
laboratory
clean­
out
documentation
for
a
period
of
three
years
from
the
date
the
clean­
out
ended.

(
10)
Laboratory
Management
Plan
Under
proposed
40
CFR
262.214(
a),
a
C/
U
that
chooses
to
be
subject
to
Subpart
K
in
lieu
of
section
262.34(
c)
must
develop,
implement,
and
retain
on­
site
a
Laboratory
Management
Plan,
or
revise
an
existing
plan,
that
describes
how
the
C/
U
will
comply
with
the
specified
Subpart
K
requirements.
Under
proposed
section
262.214(
b),
the
C/
U
must
make
its
Laboratory
Management
Plan
available
to
laboratory
workers,
students,
or
others
at
the
C/
U
who
request
it.
Under
proposed
section
262.214(
c),
the
C/
U
must
review
and
revise
its
Laboratory
Management
Plan
as
needed.

[
Note:
EPA
is
co­
proposing
two
options
regarding
the
enforceability
of
the
LMP.
The
first
option
requires
that
a
LMP
be
developed
and
that
specific
elements
of
the
proposal
be
contained
in
the
LMP,
but
under
this
option
the
college
or
university
would
have
some
flexibility
in
how
it
implemented
the
specific
provisions
in
its
LMP.
Provided
the
college
or
university
meets
the
performance­
based
standards
set
forth
in
the
rule,
it
would
be
in
compliance
with
the
rule.
The
requirement
to
develop
a
LMP
would,
however,
be
enforceable
and
the
failure
to
develop
a
plan
would
be
a
violation
of
this
requirement.

Under
the
second
proposed
option,
as
in
the
previous
option,
colleges
and
universities
would
be
required
to
develop
a
LMP,
and
address
all
the
specific
elements
of
the
proposal.
The
LMP,
however,
would
be
enforceable.
Therefore,
a
college
or
university
would
need
to
follow
the
specific
provisions
in
its
LMP,
to
be
in
compliance
with
this
requirement.
Only
the
parts
of
the
LMP
that
are
developed
to
satisfy
the
requirements
of
Subpart
K
would
be
enforceable.

EPA
believes
that
the
burden
for
respondents
to
prepare
and
retain
the
LMP
would
be
the
same
under
either
option,
because
both
options
require
the
same
information
to
be
included
in
the
LMP,
as
laid
out
at
section
262.214(
a)(
1)­(
9).
Therefore,
EPA's
respondent
burden
estimates
for
the
LMP,
as
presented
in
Section
6
of
this
document,
reflect
either
option.]

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need
and
Authority
for
the
Collection
EPA
is
proposing
an
alternative
set
of
generator
requirements
for
C/
U
laboratories
under
the
authority
of
Sections
2002,
3001,
3002,
and
3004
of
RCRA,
as
amended
by
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
HSWA).
Section
2002
authorizes
EPA
to
prescribe
regulations
as
are
necessary
to
carry
out
the
requirements
under
the
RCRA
statute.
Section
3001
authorizes
EPA
to
develop
and
promulgate
criteria
for
identifying
the
characteristics
of
hazardous
waste,
and
for
listing
hazardous
waste,
which
would
be
subject
to
the
hazardous
waste
program.
Sections
3002(
a)
and
3004(
a)
direct
EPA
to
establish
requirements
for
hazardous
waste
6
generators
and
TSDFs
respecting,
among
other
things,
recordkeeping
practices
for
hazardous
waste.

The
following
subsections
describe
the
need
for
each
information
collection
covered
in
this
ICR.

(
1)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
Because
the
proposed
rule
provides
the
option
for
C/
Us
to
choose
to
manage
their
unwanted
materials
or
hazardous
wastes
under
the
existing
regulations
or
alternatively
under
proposed
Subpart
K,
it
is
important
that
EPA
or
the
Authorized
State
know
to
which
set
of
regulations
a
C/
U
is
subject
to.
Therefore,
EPA
is
requiring
C/
Us
to
submit
a
one­
time
notification
if
they
choose
to
manage
their
hazardous
waste
in
accordance
with
proposed
Subpart
K.
If
a
C/
U
decides
that
its
laboratories
will
remain
subject
to
the
existing
generator
regulations,
no
notification
is
necessary.

(
2)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
As
mentioned
earlier,
it
is
important
that
EPA
or
the
Authorized
State
know
to
which
set
of
regulations
a
C/
U
is
subject
to.
Therefore,
under
the
proposed
rule,
EPA
is
requiring
C/
Us
that
no
longer
choose
to
manage
their
hazardous
wastes
under
proposed
Subpart
K
to
submit
a
withdrawal
notification.

(
3)
Labeling
of
Containers
of
Unwanted
Materials
in
the
Laboratory
Under
proposed
40
CFR
262.206,
C/
Us
must
label
containers
of
unwanted
materials
managed
in
a
laboratory,
as
specified.
These
labeling
requirements
are
necessary
to
demonstrate
compliance
with
the
proposed
rule
and
alert
anyone
handling
the
containers
of
unwanted
materials
of
what
is
enclosed
in
the
container
so
that
proper
handling
may
occur.
The
labeling
requirements
also
would
assist
RCRA­
trained
individuals
in
properly
identifying
whether
an
unwanted
material
is
a
hazardous
waste
and
to
assign
the
appropriate
hazardous
waste
code(
s).

(
4)
Training
and
Instruction
Under
proposed
40
CFR
262.207,
C/
Us
must
train
or
instruct
all
individuals
working
in
a
laboratory
commensurate
with
their
duties.
This
training/
instruction
is
necessary
to
ensure
that
individuals
perform
their
duties
in
a
way
that
ensures
compliance
with
the
proposed
requirements.
It
also
would
enable
individuals
to
manage
unwanted
materials
safely
and
in
an
environmentally
sound
manner,
while
in
the
laboratory.

In
addition,
C/
Us
that
are
LQGs
must
maintain
training
records
for
laboratory
workers.
These
records
are
necessary
to
ensure
compliance
with
the
proposed
requirements.
7
(
5)
Removal
of
Containers
of
Unwanted
Material
from
the
Laboratory
Under
proposed
40
CFR
262.208,
C/
Us
must
label
containers
with
the
date
the
55
gallons
of
unwanted
materials
or
the
1
quart
of
acutely
reactive
unwanted
material
is
exceeded.
This
information
is
needed
for
enforcement
and
monitoring
purposes.

(
6)
Making
the
Hazardous
Waste
Determination
in
the
Laboratory
Under
proposed
40
CFR
262.210,
if
an
unwanted
material
meets
the
definition
of
hazardous
waste
per
40
CFR
261.3,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container.
This
information
is
needed
to
alert
anyone
handling
the
container
that
hazardous
waste
is
enclosed
in
the
container
so
that
proper
handling
may
occur.

(
7)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Central
Accumulation
Area
Under
proposed
40
CFR
262.211,
if
an
unwanted
material
meets
the
definition
of
hazardous
waste
per
40
CFR
261.3,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container.
This
information
is
needed
to
alert
anyone
handling
the
container
that
hazardous
waste
is
enclosed
in
the
container
so
that
proper
handling
may
occur.

(
8)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Interim
Status
or
Permitted
TSDF
Under
proposed
40
CFR
262.212,
if
an
unwanted
material
meets
the
definition
of
hazardous
waste
per
40
CFR
261.3,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container.
This
information
is
needed
to
alert
anyone
handling
the
container
that
hazardous
waste
is
enclosed
in
the
container
so
that
proper
handling
may
occur.

(
9)
Laboratory
Clean­
Outs
Under
proposed
40
CFR
262.213,
C/
Us
must
develop
and
maintain
documentation
on
laboratory
clean­
outs.
This
information
is
needed
to
ensure
compliance
with
the
proposed
requirements.

(
10)
Laboratory
Management
Plan
Under
the
proposed
rule,
performance­
based
standards
set
the
framework
for
managing
unwanted
materials
generated
in
C/
U
laboratories.
The
Laboratory
Management
Plan
required
under
proposed
40
CFR
262.214
is
the
mechanism
for
implementing
the
alternative
program.
8
This
plan
is
needed
to
ensure
that
C/
Us
seeking
flexibility
in
managing
the
unwanted
materials
from
their
laboratories
will
do
so
in
a
thoughtful
manner
by
documenting
their
practices.

2(
b)
Practical
Utility
and
Users
of
the
Data
This
section
describes
the
practical
utility
and
users
of
the
data
in
each
information
collection
covered
in
this
ICR.

(
1)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
Because
the
proposed
rule
would
establish
an
alternative
set
of
generator
requirements
for
C/
U
laboratories
that
is
self­
implementing,
EPA
has
determined
that
it
is
necessary
to
require
C/
Us
to
submit
a
one­
time
notification
to
the
appropriate
EPA
Regional
Administrator
or
State
Director
indicating
that
they
are
electing
to
be
subject
to
the
Subpart
K
requirements
for
all
laboratories
located
at
their
C/
U
under
the
same
EPA
ID
number.
EPA
would
use
this
information
to
identify
the
C/
Us
subject
to
the
proposed
Subpart
K
requirements
and
the
existing
generator
regulations,
and
ensure
that
all
C/
Us
are
managing
their
unwanted
materials
or
hazardous
wastes
in
a
manner
that
is
protective
of
human
health
and
the
environment.

(
2)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
Under
the
proposed
rule,
C/
Us
that
elected
to
comply
to
the
Subpart
K
requirements
may
elect,
at
any
time,
to
comply
once
again
with
the
requirements
at
40
CFR
262.34.
Because
this
provision
of
the
proposed
rule
would
be
self­
implementing,
EPA
has
determined
that
it
is
necessary
to
require
C/
Us
to
submit
a
one­
time
withdrawal
notification
to
the
appropriate
EPA
Regional
Administrator
or
State
Director
indicating
the
date
upon
which
they
will
again
begin
to
manage
their
hazardous
waste
pursuant
to
section
262.34.
EPA
would
use
this
information
to
identify
the
C/
Us
subject
to
the
proposed
Subpart
K
requirements
and
the
existing
generator
regulations,
and
ensure
that
all
C/
Us
are
managing
their
unwanted
materials
or
hazardous
wastes
in
a
manner
that
is
protective
of
human
health
and
the
environment.

(
3)
Labeling
of
Containers
of
Unwanted
Materials
in
the
Laboratory
The
proposed
labeling
requirements
are
necessary
to
alert
anyone
handling
the
containers
of
unwanted
materials
of
what
is
enclosed
in
the
containers
so
that
proper
handling
or
inspection
may
occur.
The
labeling
requirements
also
would
assist
RCRA­
trained
individuals
in
properly
identifying
whether
an
unwanted
material
is
a
hazardous
waste
and
to
assign
the
appropriate
hazardous
waste
code(
s).
9
(
4)
Training
and
Instruction
Under
proposed
40
CFR
262.207,
C/
Us
must
train
or
instruct
all
individuals
working
in
a
laboratory
commensurate
with
their
duties.
This
training/
instruction
would
enable
individuals
to
manage
unwanted
materials
safely
and
in
an
environmentally
sound
manner,
while
in
the
laboratory.

In
addition,
C/
Us
that
are
LQGs
must
maintain
training
records
for
laboratory
workers.
C/
Us
would
use
this
information
to
demonstrate
compliance
with
the
proposed
requirements.
EPA
would
use
the
information
during
inspections
and
for
enforcement
purposes.

(
5)
Removal
of
Containers
of
Unwanted
Material
from
the
Laboratory
Under
proposed
40
CFR
262.208,
C/
Us
would
use
the
information
on
the
date
the
55
gallons
of
unwanted
material
or
the
1
quart
of
acutely
reactive
unwanted
material
was
exceeded
to
maintain
compliance
with
RCRA
requirements.
EPA
would
use
the
information
during
inspections
and
for
enforcement
purposes.

(
6)
Making
the
Hazardous
Waste
Determination
in
the
Laboratory
Under
proposed
40
CFR
262.210,
C/
Us
would
use
the
hazardous
waste
code
information
to
ensure
that
the
hazardous
waste
is
managed
in
a
manner
that
is
protective
of
human
health
and
the
environment.

(
7)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Central
Accumulation
Area
Under
proposed
40
CFR
262.211,
C/
Us
would
use
the
hazardous
waste
code
information
to
ensure
that
the
hazardous
waste
is
managed
in
a
manner
that
is
protective
of
human
health
and
the
environment.

(
8)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Interim
Status
or
Permitted
TSDF
Under
proposed
40
CFR
262.212,
C/
Us
would
use
the
hazardous
waste
code
information
to
ensure
that
the
hazardous
waste
is
managed
in
a
manner
that
is
protective
of
human
health
and
the
environment.
10
(
9)
Laboratory
Clean­
Outs
Under
proposed
40
CFR
262.213,
C/
Us
must
develop
and
maintain
documentation
on
laboratory
clean­
outs.
C/
Us
would
use
this
information
to
demonstrate
compliance
with
the
proposed
requirements.
EPA
would
use
the
information
during
inspections
and
for
enforcement
purposes.

(
10)
Laboratory
Management
Plan
Under
proposed
40
CFR
262.214,
C/
Us
must
develop,
implement,
and
retain
on­
site
a
Laboratory
Management
Plan.
C/
Us
would
use
the
Laboratory
Management
Plan
to
document
their
practices
for
complying
with
the
performance­
based
requirements
of
Subpart
K.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
Under
the
proposed
rule,
a
C/
U
with
laboratories
that
generate
hazardous
waste
would
have
the
choice
to
manage
its
hazardous
waste
in
accordance
with
the
alternative
set
of
regulations
in
proposed
Subpart
K
or
remain
subject
to
the
existing
generator
regulations
in
section
262.34.
As
a
result,
none
of
the
information
required
by
the
proposed
rule
would
duplicate
information
required
by
existing
RCRA
regulations.

3(
b)
Public
Notice
In
compliance
with
the
Paperwork
Reduction
Act
of
1995,
EPA
has
issued
a
public
notice
in
the
Federal
Register
([
Insert
Notice
Date
and
Citation]).
The
public
comment
period
extends
through
[
Insert
Date].
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
worked
with
C/
Us
since
the
early
1980s
to
more
fully
understand
the
difficulties
they
face
in
complying
with
the
existing
RCRA
hazardous
waste
regulations.
Projects
such
as
the
Howard
Hughes
Medical
Institute
pilot
program
and
the
1999
XL
pilot
project,
which
provide
flexibility
to
C/
Us,
have
focused
on
how
hazardous
wastes
are
generated
and
accumulated
in
laboratories.
EPA
has
met
with
stakeholders,
held
public
meetings,
and
attended
meetings
and
conferences
with
associations
representing
various
C/
Us
and
laboratories.
Through
these
various
activities
EPA
has
developed
a
good
understanding
of
the
operational
practices
in
laboratories
at
C/
Us
and
the
challenges
they
face
in
complying
with
the
RCRA
hazardous
waste
requirements.
In
11
the
following
paragraphs,
EPA
discusses
some
of
its
most
recent
outreach/
consultation
efforts.

In
2002,
EPA
conducted
a
series
of
outreach
activities
to
generators
of
hazardous
waste
with
laboratories
to
obtain
information
regarding
the
differences
between
how
hazardous
waste
is
generated
and
managed
at
C/
U
laboratory
operations
as
compared
with
production
operations
of
industrial
generators
and
other
non­
C/
U
laboratory
generators.
The
information
collected
by
the
Agency
indicates
that
differences
exist
between
C/
U
laboratory
operations
and
those
of
both
industrial
laboratories
and
industrial
production
facilities
that
generate
hazardous
waste,
warranting
development
of
an
alternative
set
of
regulations
for
C/
Us.
These
differences
include
the
number
of
points
of
generation,
the
relative
small
volume
of
hazardous
waste
generated
at
each
point
of
generation,
and
the
fact
that
many
of
the
persons
involved
in
hazardous
waste
generation
activities
are
students,
rather
than
paid
employees.

In
June
2003,
EPA
held
a
public
meeting
in
order
to
solicit
input
from
stakeholders
on
approaches
to
addressing
issues
concerning
hazardous
waste
management
in
C/
U
laboratories.
Topics
discussed
at
the
meetings
included:
where
and
when
to
make
the
hazardous
waste
determination;
waste
labeling
requirements;
personnel
training
requirements;
satellite
area
accumulation;
and
types
of
treatment
performed
in
laboratories.

As
a
parallel
effort,
in
2003,
C/
Us
were
selected
to
become
a
new
partner
in
EPA's
Sector
Strategies
Program.
The
Sector
Strategies
Program
seeks
industry­
wide
environmental
gains
through
innovative
actions
taken
with
a
number
of
manufacturing
and
service
sectors.
EPA
is
working
with
six
College
and
University
Sector
Program
Partners
to
develop
sector­
specific
approaches
to
assist
C/
Us
advance
the
use
of
environmental
management
systems,
reduce
regulatory
performance
barriers,
and
measure
environmental
progress.

In
May,
June,
and
August
2004,
the
Colleges
and
Universities
Sector
Program
Partners
shared
their
thoughts
in
a
series
of
proposals
suggesting
alternative
approaches
for
developing
a
RCRA
program
that
addresses
the
unique
problems
faced
by
C/
U
laboratories.
Their
suggested
changes
to
existing
requirements
focused
on
tailoring
new
regulations
for
C/
U
laboratories
that
are
different
from
the
standards
required
of
other
generators
and
operators
of
TSDFs,
similar
to
the
current
"
satellite
accumulation
area"
regulations,
and
included
provisions
for
providing
flexibility
for
the
point
at
which
the
hazardous
waste
identification
is
made,
training
of
laboratory
workers,
labeling,
container
management
standards,
and
provisions
for
bench
scale
treatment
of
waste
in
the
laboratory.

Through
the
above
efforts,
EPA
has
gained
a
good
understanding
of
the
processes
used
by
C/
Us
in
generating
and
managing
their
laboratory
wastes,
including
existing
information
collection
activities.
EPA
used
this
knowledge
in
developing
this
ICR.
12
3(
d)
Effects
of
Less
Frequent
Collection
EPA
has
carefully
considered
the
burden
imposed
upon
the
regulated
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
C/
Us
nor
EPA
can
ensure
that
hazardous
wastes
generated
in
C/
U
laboratories
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
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
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)
and
corresponding
North
American
Industrial
Classification
System
(
NAICS)
codes
associated
with
industries
most
likely
affected
by
the
information
collection
requirements
covered
in
this
ICR.

Industry
Sector
SIC
Code(
s)
NAICS
Code
Colleges,
universities,
and
professional
schools
8221
6113
Junior
colleges
and
technical
institutes
8222
6112
Business,
secretarial,
and
computer
schools
8243,
8244,
8299
6114
13
Industry
Sector
SIC
Code(
s)
NAICS
Code
Technical
and
trade
schools
7231,
7241,
8243,
8249,
8299
6115
Other
schools
and
instruction
7911,
7999,
8299
6116
4(
b)
Information
Requested
(
1)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.203(
a),
a
C/
U
must
notify
the
appropriate
EPA
Regional
Administrator
or
State
Director
that
it
is
electing
to
be
subject
to
the
requirements
of
Subpart
K
for
all
laboratories
located
at
the
C/
U
under
the
same
EPA
ID
number.
Under
proposed
section
262.203(
b),
a
copy
of
the
notification
must
be
kept
on
file
at
the
C/
U
while
the
C/
U
is
subject
to
Subpart
K.

(
i)
Data
Item:

°
Notification
of
intent
to
comply
with
Subpart
K
requirements
that
includes:

­­
The
name,
address,
and
EPA
ID
number
of
the
C/
U;

­­
Contact
information
for
an
appropriate
representative
of
the
C/
U;
and
­­
The
date
on
which
the
laboratories
at
the
C/
U
will
become
subject
to
Subpart
K
in
lieu
of
section
262.34(
c).

(
ii)
Respondent
Activities:

°
Prepare
and
submit
notification
of
intent
to
comply
with
Subpart
K
requirements
to
the
EPA
Regional
Administrator
or
State
Director.

°
Keep
a
copy
of
the
notification
on
file
at
the
C/
U.

(
2)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.204(
a),
a
C/
U
may
elect
to
notify
the
appropriate
EPA
Regional
Administrator
or
State
Director
in
writing
that
the
C/
U
no
longer
will
be
subject
to
the
requirements
of
Subpart
K
for
the
laboratories
located
at
the
C/
U
under
the
same
EPA
ID
number.
Under
proposed
section
262.204(
b),
a
copy
of
the
withdrawal
notice
must
be
kept
on
file
at
the
C/
U
for
three
years
from
the
date
of
the
letter.
14
(
i)
Data
Item:

°
Withdrawal
notification
that
includes:

­­
The
name,
address,
and
EPA
ID
number
of
the
C/
U;

­­
Contact
information
for
an
appropriate
representative
of
the
C/
U;
and
­­
The
date
on
which
the
laboratories
at
the
C/
U
will
be
subject
to
section
262.34(
c).

(
ii)
Respondent
Activities:

°
Prepare
and
submit
withdrawal
notification
to
the
EPA
Regional
Administrator
or
State
Director.

°
Keep
a
copy
of
the
withdrawal
notification
on
file
at
the
C/
U.

(
3)
Labeling
of
Containers
of
Unwanted
Materials
in
the
Laboratory
Under
proposed
40
CFR
262.206(
a),
C/
Us
must
label
containers
of
unwanted
materials
managed
in
a
laboratory.
In
doing
so,
sufficient
information
to
alert
emergency
responders
to
the
hazards
or
the
contents
of
the
container
must
be
affixed
to
or
physically
accompany
the
container.
In
addition,
information
sufficient
to
allow
a
RCRA­
trained
individual
to
properly
identify
whether
an
unwanted
material
is
a
solid
hazardous
waste
and
to
assign
a
proper
hazardous
waste
code
must
be
associated
with
the
container
(
e.
g.,
the
name
and/
or
description
of
the
chemical
contents
or
composition
of
the
unwanted
material).
Finally,
the
date
that
unwanted
material
first
began
accumulating
in
the
container
must
be
associated
with
the
container.

(
i)
Data
Items:

°
Sufficient
information
to
alert
emergency
responders
to
the
hazards
or
contents
of
the
container.

°
Sufficient
information
to
allow
a
RCRA­
trained
individual
to
properly
identify
whether
an
unwanted
material
is
a
solid
and
hazardous
waste
and
to
assign
a
proper
hazardous
waste
code
(
i.
e.,
make
a
hazardous
waste
determination).

°
The
date
that
unwanted
material
first
began
accumulating
in
the
container.
15
(
ii)
Respondent
Activity:

°
Label
container.

(
4)
Training
and
Instruction
Under
proposed
40
CFR
262.207,
C/
Us
must
train
or
instruct
all
individuals
working
in
a
laboratory
(
e.
g.,
train
laboratory
workers,
instruct
students).
This
training
or
instruction
must
be
commensurate
with
their
duties.

Under
proposed
section
262.207(
a),
C/
Us
that
are
LQGs
must
maintain
training
records
for
laboratory
workers.
These
records
must
be
sufficient
to
determine
whether
laboratory
workers
have
been
trained.
Records
must
be
maintained
for
the
duration
specified
in
section
265.16(
e).

(
i)
Data
Item:

°
Training
records
for
laboratory
workers.

(
ii)
Respondent
Activities:

°
Train/
instruct
individuals
working
in
a
laboratory.

°
Maintain
training
records
for
laboratory
workers
(
LQGs
only).

(
5)
Removal
of
Containers
of
Unwanted
Material
from
the
Laboratory
Under
proposed
40
CFR
262.208(
a),
C/
Us
must
remove
all
containers
of
unwanted
material
and
acutely
reactive
unwanted
materials
from
each
laboratory
on
a
regular
interval,
not
to
exceed
six
months.
Under
proposed
sections
262.208(
b)
and
262.208(
c),
if
a
laboratory
accumulates
more
than
55
gallons
of
unwanted
material
or
1
quart
of
acutely
reactive
unwanted
material
before
the
regularly
scheduled
removal,
then
all
containers
of
such
material
must
be
labeled
with
the
date
the
55
gallons
or
the
1
quart
is
exceeded.
All
containers
must
then
be
removed
from
the
laboratory
within
10
calendar
days
of
the
date
the
55
gallons/
1
quart
was
exceeded,
or
at
the
next
regularly
scheduled
removal,
whichever
comes
first.

(
i)
Data
Items:

°
Date
the
55
gallons
of
unwanted
material
were
exceeded,
if
applicable.

°
Date
the
1
quart
of
acutely
reactive
unwanted
material
was
exceeded,
if
applicable.
16
(
ii)
Respondent
Activity:

°
Label
container
with
the
date
the
55
gallons
or
the
1
quart
of
unwanted
material
is
exceeded.

(
6)
Making
the
Hazardous
Waste
Determination
in
the
Laboratory
Proposed
40
CFR
262.210
establishes
the
requirements
applicable
to
making
the
hazardous
waste
determination
for
unwanted
materials
in
the
laboratory
by
the
time
that
the
unwanted
material
is
removed
from
the
laboratory.
Under
proposed
section
262.210(
a),
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
by
the
time
the
unwanted
material
is
removed
from
the
laboratory.
Under
proposed
section
262.210(
b),
if
an
unwanted
material
meets
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
an
on­
site
central
accumulation
area,
an
on­
site
interim
status
or
permitted
TSDF,
or
transported
off
site
to
a
designated
facility.

(
i)
Data
Items:

°
Hazardous
waste
determination.

°
EPA
hazardous
waste
code(
s)
on
the
container
label.

(
ii)
Respondent
Activities:

°
Make
hazardous
waste
determination.

°
Add
appropriate
EPA
hazardous
waste
code(
s)
to
the
container
label.

(
7)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Central
Accumulation
Area
Proposed
40
CFR
262.211
establishes
the
requirements
applicable
to
making
hazardous
waste
determinations
for
unwanted
materials
at
an
on­
site
central
accumulation
area.
Under
proposed
section
262.211(
c),
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
within
four
calendar
days
of
arriving
at
the
on­
site
central
accumulation
area.

Under
proposed
section
262.211(
d),
the
unwanted
material
becomes
subject
to
the
generator
accumulation
regulations
of
40
CFR
262.34(
a)
for
LQGs
or
40
CFR
262.34(
d)
for
SQGs
as
soon
as
it
arrives
in
the
central
accumulation
area,
except
for
the
labeling
requirements
of
section
262.34(
a)(
3).
17
Under
proposed
section
262.211(
e),
if
the
unwanted
material
meets
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
another
on­
site
central
accumulation
area
or
on­
site
interim
status
or
permitted
TSDF,
or
transported
off
site
to
a
designated
facility.

(
i)
Data
Items:

°
Hazardous
waste
determination.

°
EPA
hazardous
waste
code(
s)
on
the
container
label.

(
ii)
Respondent
Activities:

°
Make
hazardous
waste
determination.

°
Add
appropriate
EPA
hazardous
waste
code(
s)
to
the
container
label.

(
8)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Interim
Status
or
Permitted
TSDF
Proposed
40
CFR
262.212
establishes
the
requirements
applicable
to
making
a
hazardous
waste
determination
for
unwanted
materials
at
an
on­
site
interim
status
or
permitted
TSDF.
Under
proposed
section
262.212(
c),
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
within
four
calendar
days
of
arriving
at
an
on­
site
interim
status/
permitted
TSDF.

Under
proposed
section
262.212(
d),
the
unwanted
material
becomes
subject
to
the
terms
of
the
C/
U's
hazardous
waste
permit
or
interim
status
as
soon
as
it
arrives
in
the
on­
site
TSDF.

Under
proposed
section
262.212(
e),
if
the
unwanted
materials
meet
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
another
interim
status
or
permitted
TSDF
or
transported
off
site
to
a
designated
facility.

(
i)
Data
Items:

°
Hazardous
waste
determination.

°
EPA
hazardous
waste
code(
s)
on
the
container
label.
18
(
ii)
Respondent
Activities:

°
Make
hazardous
waste
determination.

°
Add
appropriate
EPA
hazardous
waste
code(
s)
to
the
container
label.

(
9)
Laboratory
Clean­
Outs
Under
proposed
40
CFR
262.213(
c),
a
C/
U
that
conducts
a
laboratory
clean­
out
in
accordance
to
proposed
section
262.213(
a)
and
(
b)
must
document
the
activities
of
the
laboratory
clean­
out.
In
addition,
the
C/
U
must
maintain
the
laboratory
clean­
out
documentation
for
a
period
of
three
years
from
the
date
the
clean­
out
ended.

(
i)
Data
Item:

°
Documentation
on
the
activities
of
the
laboratory
clean­
out
that,
at
a
minimum,
specify:

­­
The
laboratory
being
clean­
out;

­­
The
date
the
clean­
out
begins
and
ends;
and
­­
The
volume
of
hazardous
waste
generated
during
the
laboratory
clean­
out.

(
ii)
Respondent
Activities:

°
Document
activities
of
the
laboratory
clean­
out.

°
Maintain
documentation
on
laboratory
clean­
out.

(
10)
Laboratory
Management
Plan
Under
proposed
40
CFR
262.214(
a),
a
C/
U
that
chooses
to
be
subject
to
Subpart
K
in
lieu
of
section
262.34(
c)
must
develop,
implement,
and
retain
on­
site
a
Laboratory
Management
Plan,
or
revise
an
existing
plan,
that
describes
how
the
C/
U
will
comply
with
the
specified
Subpart
K
requirements.
Under
proposed
section
262.214(
b),
the
C/
U
must
make
its
Laboratory
Management
Plan
available
to
laboratory
workers,
students,
or
others
at
the
C/
U
who
request
it.
Under
proposed
section
262.214(
c),
the
C/
U
must
review
and
revise
its
Laboratory
Management
Plan
as
needed.
19
(
i)
Data
Item:

°
A
Laboratory
Management
Plan
that
describes
how
the
C/
U
will
comply
with
the
following:

­­
Container
management
and
labeling
in
accordance
with
proposed
section
262.206;

­­
Training
of
laboratory
workers
commensurate
with
their
duties
in
accordance
with
proposed
section
262.207(
a);

­­
Instructing
students
in
accordance
with
proposed
section
262.207(
b);

­­
Training
to
ensure
safe
on­
site
movement
of
unwanted
materials
in
accordance
with
proposed
section
262.207(
c);

­­
Regularly
remove
unwanted
materials
from
laboratories
in
accordance
with
proposed
section
262.208;

­­
Make
hazardous
waste
determinations
for
unwanted
materials,
including
where
the
C/
U
will
make
hazardous
waste
determinations,
in
accordance
with
proposed
section
262.209;

­­
Conducting
laboratory
clean­
outs
in
accordance
with
proposed
section
262.213,
if
the
C/
U
elects
to
conduct
laboratory
clean­
outs;
and
­­
Emergency
prevention,
notification,
and
response
procedures
appropriate
to
the
hazards
in
the
laboratory.

(
ii)
Respondent
Activities:

°
Develop
Laboratory
Management
Plan,
or
revise
an
existing
plan.

°
Review
and
revise
the
Laboratory
Management
Plan.

°
Retain
Laboratory
Management
Plan
on­
site.
20
5.
THE
INFORMATION
COLLECTED 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
(
1)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.203,
the
Agency
would
conduct
the
following
activities:

°
Review
and
process
one­
time
notifications
of
intent
to
comply
with
Subpart
K
requirements.

(
2)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.204,
the
Agency
would
conduct
the
following
activities:

°
Review
and
process
one­
time
notifications
of
intent
to
no
longer
comply
with
Subpart
K
requirements
(
i.
e.,
withdrawal
notifications).

5(
b)
Collection
Methodology
and
Management
In
collecting
and
analyzing
the
information
obtained
from
C/
Us,
EPA
would
use
electronic
equipment
such
as
personal
computers
and
applicable
database
software,
where
appropriate.
EPA
would
ensure
the
accuracy
and
completeness
of
collected
information
by
reviewing
each
submittal.

5(
c)
Small
Entity
Flexibility
The
proposed
alternative
regulations
allow
C/
Us
flexibility
to
tailor
their
laboratory
operations
to
meet
their
individual
circumstances,
and
remain
protective
of
human
health
and
the
environment.
Performance­
based
standards
for
management
of
hazardous
wastes
generated
in
laboratories
provide
a
better
opportunity
for
C/
Us
to
evaluate
their
overall
hazardous
waste
management
program,
and
tailor
it
in
such
a
way
that
facilitates
efficient
and
safe
management
of
its
hazardous
waste,
minimizes
burden,
while
at
the
same
time
maintaining
a
high
standard
of
protection
of
human
health
and
the
environment.
The
alternative
approach
would
help
each
C/
U
centralize
and
coordinate
its
chemical
management
practices
and
demonstrate
environmental
performance
beyond
what
would
likely
be
achieved
under
the
existing
regulations.

In
addition,
under
the
proposed
rule,
C/
Us
would
have
the
choice
to
manage
their
hazardous
waste
in
accordance
with
the
alternative
set
of
regulations
or
remain
subject
to
the
existing
generator
regulations
in
40
CFR
262.34.
Thus,
C/
Us
would
have
the
option
to
comply
with
the
set
of
regulations
that
best
suits
their
circumstances.
21
5(
d)
Collection
Schedule
(
1)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.204,
C/
Us
must
submit
a
notification
of
intent
to
comply
with
the
Subpart
K
requirements
prior
to
complying
with
these
regulations.

(
2)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
Under
proposed
40
CFR
262.204,
C/
Us
must
submit
a
withdrawal
notification
prior
to
complying
once
again
with
the
requirements
at
40
CFR
262.34.

(
3)
Labeling
of
Containers
of
Unwanted
Materials
in
the
Laboratory
Under
proposed
40
CFR
262.206,
containers
of
unwanted
materials
must
be
labeled,
as
specified,
while
in
the
laboratory.

(
4)
Training
and
Instruction
Under
proposed
40
CFR
262.207,
individuals
working
in
a
laboratory
must
receive
training
or
instruction
prior
to
performing
their
duties/
activities
in
the
laboratory.

(
5)
Removal
of
Containers
of
Unwanted
Material
from
the
Laboratory
Under
proposed
40
CFR
262.208,
containers
in
the
laboratory
must
be
labeled
when
55
gallons
of
unwanted
material
or
1
quart
of
acutely
reactive
unwanted
material
is
exceeded.

(
6)
Making
the
Hazardous
Waste
Determination
in
the
Laboratory
Under
proposed
40
CFR
262.210,
a
RCRA­
trained
individual
must
make
the
hazardous
waste
determination
for
unwanted
materials
in
the
laboratory
by
the
time
that
the
unwanted
material
is
removed
from
the
laboratory.
If
the
unwanted
material
meets
the
definition
of
hazardous
waste
per
40
CFR
261.3,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
an
on­
site
central
accumulation
area,
an
on­
site
interim
status
or
permitted
TSDF,
or
transported
off
site
to
a
designated
facility.

(
7)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Central
Accumulation
Area
Under
proposed
40
CFR
262.211,
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
within
four
calendar
days
of
arriving
at
the
on­
site
central
accumulation
area.
If
the
unwanted
material
meets
the
definition
of
hazardous
22
waste,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
another
on­
site
central
accumulation
area,
an
on­
site
interim
status
or
permitted
TSDF,
or
transported
off
site
to
a
designated
facility.

(
8)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Interim
Status
or
Permitted
TSDF
Under
proposed
40
CFR
262.212,
a
RCRA­
trained
individual
must
determine
if
the
unwanted
material
is
a
hazardous
waste
per
40
CFR
261.3
within
four
calendar
days
of
arriving
at
the
on­
site
interim
status
or
permitted
TSDF.
If
the
unwanted
material
meets
the
definition
of
hazardous
waste,
the
appropriate
hazardous
waste
code(
s)
must
be
placed
on
the
container
label
that
is
affixed
to
the
container,
before
the
hazardous
waste
may
be
transferred
to
another
on­
site
interim
status
or
permitted
TSDF
or
transported
off
site
to
a
designated
facility.

(
9)
Laboratory
Clean­
Outs
Under
proposed
40
CFR
262.213(
c),
C/
Us
that
conduct
a
laboratory
clean­
out
in
accordance
to
proposed
section
262.213(
a)
and
(
b)
must
document
the
activities
of
the
laboratory
clean­
out.
In
addition,
C/
Us
must
maintain
the
laboratory
clean­
out
documentation
for
a
period
of
three
years
from
the
date
the
clean­
out
ended.
C/
Us
may
conduct
laboratory
clean­
outs
with
any
frequency.
One
time
per
12
month
period
per
laboratory,
a
college
or
university
may
opt
to
conduct
a
laboratory
clean­
out
that
is
subject
to
all
the
applicable
requirements
of
the
subpart.

(
10)
Laboratory
Management
Plan
Under
proposed
40
CFR
262.214,
C/
Us
must
develop
a
Laboratory
Management
Plan
that
describes
how
the
C/
U
will
comply
with
the
Subpart
K
requirements
prior
to
complying
with
these
regulations.
C/
Us
must
revise
the
Laboratory
Management
Plan
as
needed.

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
information
collection
requirements
covered
in
this
ICR.
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
proposed
information
collection
requirements
in
Exhibit
1.
These
costs
are
based
on
the
cost
of
labor,
capital,
and
operation
and
maintenance
(
O&
M).
23
6
Hazardous
Waste
Generator
Standards
ICR,
EPA
ICR
Number
820.09,
October
2004.

7
EPA,
Assessment
of
Potential
Costs,
Benefits
and
Other
Impacts
for
the
Proposed
Revised
Standards
Applicable
to
Generators
of
Hazardous
Waste;
Subpart
K
­
Academic
Laboratories,
Final
Report.

8
For
purposes
of
this
analysis,
the
hourly
respondent
labor
rate
for
managerial
staff
was
derived
by
averaging
the
hourly
labor
rates
for
professors
and
management.
The
hourly
respondent
labor
rate
for
technical
staff
was
derived
by
averaging
the
hourly
labor
rates
for
laboratory
managers,
laboratory
workers,
environmental
health
and
safety
staff,
drafter,
and
process
technician.

9
To
update
the
hourly
rates
to
2005
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)
(
July
29,
2005)
developed
by
the
Bureau
of
Labor
Statistics.
(
Available
at:
http://
www.
bls.
gov/
ncs/
ect/
home.
htm.)
This
table
presents
employment
cost
indices
for
private
industry
workers,
by
annual
quarter
(
i.
e.,
for
March,
June,
September,
and
December).
EPA
used
the
September
2004
Index
(
165.9)
and
the
June
2005
Index
(
168.4)
to
develop
an
adjustment
factor
of
1.015
(
i.
e.,
168.4
/
165.9
=
1.015).
(
1)
Labor
Costs
For
purposes
of
this
analysis,
EPA
estimates
an
average
hourly
respondent
labor
rate
(
including
fringe
and
overhead)
of
$
121.71
for
legal
staff,
$
60.94
for
managerial
staff,
$
33.74
for
technical
staff,
and
$
25.23
for
clerical
staff.
The
respondent
labor
rate
for
legal
staff
was
obtained
from
a
currently­
approved
ICR.
6
The
respondent
labor
rates
for
managerial,
technical,
and
clerical
staff
were
obtained
from
the
economic
background
document
developed
for
this
rulemaking.
7,
8
All
respondent
labor
rates
were
updated
to
2005
levels
using
Employment
Cost
Indices
developed
by
the
Bureau
of
Labor
Statistics.
9
Using
the
total
burden
hours
discussed
in
Section
6(
a)
and
the
hourly
labor
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
incremental
capital
costs
in
carrying
out
the
information
collection
requirements
covered
in
this
ICR.
24
10
Available
at:
http://
www.
opm.
gov/
oca/
05tables/
indexGS.
asp.
(
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,
incremental
O&
M
costs
include:

°
Mailing
costs:
EPA
estimates
that
respondents
will
incur
an
incremental
cost
of
$
2.68
to
mail
a
one­
ounce
package
by
certified
mail
($
0.01
for
standard­
size
envelope,
$
0.37
for
postage,
and
$
2.30
for
the
certified­
mail
fee).

°
Label
costs:
EPA
estimates
that
respondents
will
incur
an
incremental
cost
of
$
0.066
per
label.
This
O&
M
cost
is
based
on
label
costs
presented
in
the
economic
background
document
developed
for
this
rulemaking.

These
O&
M
costs
are
shown
in
Exhibit
1
for
all
applicable
respondent
activities.

6(
c)
Estimating
Agency
Hour
and
Cost
Burden
EPA
estimates
the
Agency
hour
and
cost
burden
associated
with
all
information
collection
requirements
covered
in
this
ICR
in
Exhibit
2.
As
shown
in
the
exhibit,
EPA
estimates
an
average
hourly
labor
rate
of
$
68.70
for
legal
staff
(
GS­
15,
Step
1),
$
58.42
for
managerial
staff
(
GS­
14,
Step
1),
$
49.44
for
technical
staff
(
GS­
13,
Step
1),
and
$
25.95
for
clerical
staff
(
GS­
08,
Step
1).
To
derive
these
hourly
estimates,
EPA
referred
to
the
Salary
Table
2005
­
General
Schedule
(
Base).
10
This
publication
summarizes
the
unloaded
(
base)
hourly
rate
for
various
labor
categories
in
the
Federal
Government.
EPA
then
applied
the
standard
government
fringe
benefits
factor
of
1.6
to
the
unloaded
rate
to
derive
loaded
hourly
rates.

6(
d)
Estimating
the
Annual
Respondent
Universe
and
Total
Hour
and
Cost
Burden
(
1)
Respondent
Universe
Table
1
presents
the
number
of
four­
year
schools,
two­
year
schools,
and
vocational
schools
expected
to
comply
with
the
proposed
Subpart
K
requirements
during
the
three­
year
period
covered
by
this
ICR.
It
shows
that
EPA
expects
a
total
of
296
C/
Us
to
comply
with
the
proposed
Subpart
K
requirements.
Of
these
C/
Us,
EPA
estimates
that
146
will
be
LQGs
and
150
will
be
SQGs.
25
Table
1
Number
of
C/
Us
Expected
to
Comply
with
the
Proposed
Subpart
K
Requirements
During
the
Three­
Year
Period
Covered
by
this
ICR
Type
of
Institution
LQGs
SQGs
Total
4­
Year
School
136
86
222
2­
Year
School
7
34
41
Vocational
School
3
30
33
Total
146
150
296
Table
2
presents
the
annual
number
of
containers
of
unwanted
material
generated
at
fouryear
schools,
two­
year
schools,
and
vocational
schools
expected
to
be
subject
to
the
proposed
Subpart
K
requirements
during
the
three­
year
period
covered
by
this
ICR.
It
shows
that
EPA
expects
that,
each
year,
a
total
of
1,282,594
containers
of
unwanted
material
will
be
generated
at
C/
Us
subject
to
the
proposed
Subpart
K
requirements.
This
estimate
is
based
on
the
following
assumptions:

°
Each
C/
U
LQG
has
527
laboratories
and
will
generate
1.33
containers
of
unwanted
material
per
month.
Thus,
C/
U
LQGs
will
generate
a
total
of
1,227,994
containers
of
unwanted
material
each
year
(
i.
e.,
146
LQGs
x
527
laboratories/
LQG
x
1.33
containers/
laboratory/
month
x
12
months).

°
Each
C/
U
SQG
has
182
laboratories
and
will
generate
2
containers
of
unwanted
material
each
year.
Thus,
C/
U
SQGs
will
generate
a
total
of
54,600
containers
of
unwanted
material
each
year
(
i.
e.,
150
SQGs
x
182
laboratories/
SQG
x
2
containers/
laboratory/
year).

Table
2
Annual
Number
of
Containers
of
Unwanted
Material
Generated
at
C/
Us
Expected
to
be
Subject
to
the
Proposed
Subpart
K
Requirements
During
the
Three­
Year
Period
Covered
by
this
ICR
Type
of
Institution
LQGs
SQGs
Total
4­
Year
School
1,143,885
31,304
1,175,189
2­
Year
School
58,876
12,376
71,252
Vocational
School
25,233
10,920
36,153
Total
1,227,994
54,600
1,282,594
26
The
universe
estimates
in
Tables
1
and
2
were
obtained
from
the
economic
background
document
developed
for
this
rulemaking
regarding
the
low
hazardous
waste
generation
assumptions.

(
2)
Annual
Respondent
Hour
and
Cost
Burden
Based
on
the
universe
data
presented
in
Tables
1
and
2,
EPA
estimates
the
annual
incremental
hour
and
cost
burden
to
respondents
under
the
proposed
rule
in
Exhibit
1.
A
discussion
of
the
assumptions
used
in
the
development
of
these
burden
estimates
is
presented
in
the
following
subsections.
These
assumptions
were
obtained
from
the
economic
background
document
developed
for
this
rulemaking.

(
a)
Reading
the
Regulations
EPA
estimates
that
296
C/
Us
(
i.
e.,
146
LQGs
+
150
SQGs)
will
elect
to
be
subject
to
the
requirements
of
proposed
Subpart
K.
EPA
expects
that
all
these
C/
Us
will
read
the
regulations
once
during
the
three­
year
life
of
this
ICR.
In
estimating
the
annual
incremental
burden
to
respondents
over
the
three­
year
period
covered
by
this
ICR,
EPA
annualized
the
burden
of
this
one­
time
activity
by
dividing
the
number
of
respondents
by
three.
Thus,
EPA
estimates
that,
on
average,
99
C/
Us
(
i.
e.,
296
C/
Us
/
3
years)
will
read
the
regulations
each
year.

(
b)
Notification
of
Intent
to
Comply
with
the
Subpart
K
Requirements
All
296
C/
Us
electing
to
be
subject
to
the
proposed
Subpart
K
requirements
are
expected
to
submit
a
one­
time
notification.
In
estimating
the
annual
incremental
burden
to
respondents
over
the
three­
year
period
covered
by
this
ICR,
EPA
annualized
the
burden
of
this
one­
time
activity
by
dividing
the
number
of
respondents
by
three.
Thus,
EPA
estimates
that,
each
year,
99
C/
Us
(
i.
e.,
296
C/
Us
/
3
years)
will
prepare,
submit,
and
keep
a
copy
of
the
notification
of
intent
to
comply
with
the
Subpart
K
requirements.

(
c)
Notification
of
Intent
to
No
Longer
Comply
with
the
Subpart
K
Requirements
EPA
does
not
expect
any
C/
U
to
submit
a
withdrawal
notification
during
the
three­
year
period
covered
by
this
ICR.

(
d)
Labeling
of
Containers
of
Unwanted
Materials
in
the
Laboratory
EPA
estimates
that
C/
Us
electing
to
be
subject
to
the
proposed
Subpart
K
requirements
will
generate
a
total
of
1,282,594
containers
of
unwanted
materials
each
year
(
i.
e.,
1,227,994
LQG
containers
+
54,600
SQG
containers).
Under
the
proposed
rule,
C/
Us
will
be
required
to
label
each
of
these
containers
with:
(
1)
information
on
the
hazards
or
contents
of
the
container,
(
2)
sufficient
information
for
hazardous
waste
determination,
and
(
3)
the
date
that
unwanted
27
material
first
began
accumulating
in
the
container.

(
e)
Training
and
Instruction
Under
the
proposed
rule,
C/
Us
must
train
or
instruct
all
individuals
working
in
a
laboratory
(
e.
g.,
train
laboratory
workers,
instruct
students)
commensurate
with
their
duties.
In
addition,
C/
Us
that
are
LQGs
must
maintain
training
records
for
laboratory
workers.

EPA
believes
that,
under
existing
regulations
(
e.
g.,
OSHA
and
EPA
regulations)
and
C/
Us'
standard
operating
practices,
C/
Us
provide
a
variety
of
training
to
individuals
that
use
and/
or
manage
chemicals,
hazardous
materials,
and
hazardous
wastes
as
part
of
their
job
responsibilities.
Thus,
EPA
believes
that
the
training
and
instruction
requirements
under
the
proposed
rule
will
not
impose
incremental
burden
on
respondents.

(
f)
Removal
of
Containers
of
Unwanted
Material
from
the
Laboratory
EPA
assumes
that
all
C/
Us
electing
to
be
subject
to
the
proposed
Subpart
K
requirements
will
remove
their
containers
of
unwanted
material
and
acutely
reactive
unwanted
materials
from
each
laboratory
on
a
monthly
basis.
Because
of
this
frequency
in
the
removal
of
containers,
EPA
anticipates
that
none
of
the
C/
U
laboratories
will
accumulate
more
than
55
gallons
of
unwanted
material
or
1
quart
of
acutely
reactive
unwanted
material
before
the
regularly
scheduled
removal.
As
a
result,
EPA
estimates
that
none
of
the
C/
Us
will
need
to
label
any
of
its
containers
with
the
date
the
55
gallons
or
the
1
quart
of
unwanted
material
is
exceeded.

(
g)
Making
the
Hazardous
Waste
Determination
in
the
Laboratory
EPA
estimates
that,
each
year,
hazardous
waste
determinations
will
be
made
in
the
laboratory
for
48,607
containers
of
unwanted
materials
(
i.
e.,
42,055
LQG
containers
+
6,552
SQG
containers).
EPA
assumes
that
unwanted
materials
in
all
of
these
containers
will
be
determined
to
be
hazardous
waste
per
40
CFR
261.3
and
thus,
the
appropriate
hazardous
waste
code(
s)
will
be
added
to
the
label
that
is
affixed
to
the
containers.

EPA
notes
that,
for
purposes
of
this
analysis,
only
the
addition
of
the
appropriate
hazardous
waste
code(
s)
to
the
container
labels
is
considered
incremental
burden.
Under
existing
regulations
(
40
CFR
262.11),
generators
must
determine
if
their
waste
is
hazardous
per
40
CFR
261.3.
Thus,
the
hazardous
waste
determination
does
not
impose
incremental
burden
on
respondents.

(
h)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Central
Accumulation
Area
EPA
estimates
that,
each
year,
hazardous
waste
determinations
will
be
made
in
the
on­
site
central
accumulation
area
for
1,233,988
containers
of
unwanted
materials
(
i.
e.,
1,185,940
LQG
28
containers
+
48,048
SQG
containers).
EPA
assumes
that
unwanted
materials
in
all
of
these
containers
will
be
determined
to
be
hazardous
waste
per
40
CFR
261.3
and
thus,
the
appropriate
hazardous
waste
code(
s)
will
be
added
to
the
label
that
is
affixed
to
the
containers.

EPA
notes
that,
for
purposes
of
this
analysis,
only
the
addition
of
the
appropriate
hazardous
waste
code(
s)
to
the
container
labels
is
considered
incremental
burden.
Under
existing
regulations
(
40
CFR
262.11),
generators
must
determine
if
their
waste
is
hazardous
per
40
CFR
261.3.
Thus,
the
hazardous
waste
determination
does
not
impose
incremental
burden
on
respondents.

(
i)
Making
the
Hazardous
Waste
Determination
at
an
On­
Site
Interim
Status
or
Permitted
TSDF
EPA
expects
that
no
hazardous
waste
determinations
will
be
made
at
an
on­
site
interim
status
or
permitted
TSDF
during
the
three­
year
period
covered
by
this
ICR.

(
j)
Laboratory
Clean­
Outs
EPA
estimates
that
each
C/
U
laboratory
will
conduct
a
clean­
out
once
per
year.
As
a
result,
76,942
laboratory
clean­
outs
will
be
conducted
at
C/
U
LQGs
(
i.
e.,
146
LQGs
x
527
laboratories/
LQG)
and
27,300
laboratory
clean­
outs
will
be
conducted
at
C/
U
SQGs
(
i.
e.,
150
SQGs
x
182
laboratories/
SQG).
These
104,242
C/
U
laboratories
(
i.
e.,
76,942
+
27,300)
must
document
the
activities
of
the
laboratory
clean­
out
and
maintain
this
documentation
for
a
period
of
three
years
from
the
date
the
clean­
out
ended.

(
k)
Laboratory
Management
Plan
All
296
C/
Us
electing
to
be
subject
to
the
proposed
Subpart
K
requirements
are
required
to
develop
a
Laboratory
Management
Plan
that
describes
how
the
C/
U
will
comply
with
the
specified
requirements.
EPA
anticipates
that
these
C/
Us
will
revise
an
existing
plan
(
e.
g.,
Chemical
Hygiene
Plan)
to
comply
with
the
Laboratory
Management
Plan
requirement.
In
estimating
the
annual
incremental
burden
to
respondents
over
the
three­
year
period
covered
by
this
ICR,
EPA
annualized
the
burden
of
this
one­
time
activity
by
dividing
the
number
of
respondents
by
three.
Thus,
EPA
estimates
that,
on
average,
99
C/
Us
(
i.
e.,
296
C/
Us
/
3
years)
will
develop
a
Laboratory
Management
Plan
each
year.

EPA
also
assumes
that
all
296
C/
Us
will
review
and
revise
their
Laboratory
Management
Plan
each
subsequent
year.
Thus,
for
purposes
of
this
analysis,
EPA
assumes
that
C/
Us
will
review
and
revise
their
Laboratory
Management
Plan
twice
over
the
three­
year
period
covered
by
this
ICR.
In
estimating
the
annual
incremental
burden
to
respondents
over
this
three­
year
period,
EPA
annualized
the
burden
of
this
activity
by
multiplying
the
number
of
respondents
by
2/
3.
Thus,
EPA
estimates
that,
on
average,
197
C/
Us
(
i.
e.,
296
x
2/
3)
will
review
and
revise
their
Laboratory
Management
Plan
each
year.
29
Finally,
all
296
C/
Us
must
retain
the
most
recent
version
of
the
Laboratory
Management
Plan
on­
site.

6(
e)
Bottom
Line
Hour
and
Cost
Burden
(
1)
Respondent
Tally
Exhibit
1
shows
the
total
annual
incremental
hour
and
cost
burden
to
respondents
under
the
proposed
rule.
As
shown
in
the
exhibit,
EPA
estimates
the
annual
incremental
burden
to
be
59,136
hours
and
$
2,084,260.
The
bottom
line
incremental
burden
to
respondents
over
three
years
is
estimated
to
be
177,408
hours
and
$
6,252,780.

(
2)
Agency
Tally
Exhibit
2
shows
the
total
annual
incremental
hour
and
cost
burden
to
the
Agency
under
the
proposed
rule.
As
shown
in
the
exhibit,
EPA
estimates
the
annual
incremental
burden
to
be
74
hours
and
$
2,509.
The
bottom
line
incremental
burden
to
the
Agency
over
three
years
is
estimated
to
be
222
hours
and
$
7,527.

6(
f)
Reasons
for
Change
in
Burden
In
establishing
the
proposed
Subpart
K
requirements,
EPA
would
add
some
new
information
collection
requirements
to
ensure
that
the
hazardous
wastes
are
managed
in
a
manner
that
is
protective
of
human
health
and
the
environment.
These
new
requirements
would
result
in
an
annual
incremental
paperwork
burden
to
respondents
of
59,136
hours.

EPA
believes
that
this
incremental
burden
is
justified
because
the
proposed
alternative
regulations
allow
C/
Us
flexibility
to
tailor
their
laboratory
operations
to
meet
their
individual
circumstances,
and
remain
protective
of
human
health
and
the
environment.
Performance­
based
standards
for
management
of
hazardous
wastes
generated
in
laboratories
provide
a
better
opportunity
for
C/
Us
to
evaluate
their
overall
hazardous
waste
management
program,
and
tailor
it
in
such
a
way
that
facilitates
efficient
and
safe
management
of
its
hazardous
waste,
minimizes
burden,
while
at
the
same
time
maintaining
a
high
standard
of
protection
of
human
health
and
the
environment.
The
alternative
approach
would
help
each
C/
U
centralize
and
coordinate
its
chemical
management
practices
and
demonstrate
environmental
performance
beyond
what
would
likely
be
achieved
under
the
existing
regulations.

6(
g)
Public
Burden
Statement
The
reporting
burden
associated
with
the
proposed
rule
is
estimated
to
average
approximately
15
minutes
per
respondent
per
year.
This
hourly
burden
includes
time
for
preparing,
submitting,
and
keeping
copies
of
notifications.
The
recordkeeping
burden
associated
with
the
proposed
rule
is
estimated
to
average
approximately
200
hours
per
respondent
per
year.
30
This
hourly
burden
includes
time
for
reading
the
regulations;
labeling
containers;
and
preparing
and
maintaining
training
records,
laboratory
clean­
out
documentation,
and
the
Laboratory
Management
Plan.

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
Number
EPA­
HQ­
RCRA
2003­
0012
or
EPA­
2050
AG
18
RCRA­
2003­
0012,
which
is
available
for
online
viewing
at
www.
regulations.
gov,
or
in
person
viewing
at
the
OSWER
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Avenue,
NW,
Washington,
D.
C.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
OSWER
Docket
is
(
202)
566­
0270.
An
electronic
version
of
the
public
docket
is
available
at
www.
regulations.
gov.
This
site
can
be
used
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
When
in
the
system,
select
"
search,"
then
key
in
the
Docket
ID
Number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
D.
C.
20503,
Attention:
Desk
Officer
for
EPA.
Please
include
the
EPA
Docket
ID
Number
EPA­
HQ­
RCRA
2003­
0012
or
EPA­
2050
AG
18
RCRA­
2003­
0012
and
OMB
Control
Number
2050­
0035
in
any
correspondence.
31
EXHIBIT
1
GENERATOR
STANDARDS
APPLICABLE
TO
COLLEGE
AND
UNIVERSITY
LABORATORIES
a
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
per
Respondent
Legal
Manager
Technical
Clerical
INFORMATION
COLLECTION
ACTIVITY
$
121.71/
Hr
$
60.94/
Hr
$
33.74/
Hr
$
25.23/
Hr
Read
the
regulations
0.25
0.25
0.50
0.00
1.00
$
62.53
$
0.00
$
0.00
99
99.00
$
6,190.47
Subtotal
0.25
0.25
0.50
0.00
1.00
$
62.53
$
0.00
$
0.00
99
99.00
$
6,190.47
Prepare
and
submit
notification
of
intent
to
comply
with
Subpart
K
requirements
to
the
EPA
Regional
Administrator
or
State
Director
0.00
0.50
0.00
0.20
0.70
$
35.52
$
0.00
$
2.68
99
69.30
$
3,781.80
Keep
a
copy
of
the
notification
on
file
at
the
C/
U
0.00
0.00
0.00
0.10
0.10
$
2.52
$
0.00
$
0.00
99
9.90
$
249.48
Subtotal
0.00
0.50
0.00
0.30
0.80
$
38.04
$
0.00
$
2.68
99
79.20
$
4,031.28
Prepare
and
submit
withdrawal
notification
to
the
EPA
Regional
Administrator
or
State
DirectorPrepare
and
submit
one­
time
notification
to
the
EPA
Regional
Administrator
or
State
Director
0.00
0.50
0.00
0.20
0.70
$
35.52
$
0.00
$
2.68
0
0.00
$
0.00
Keep
a
copy
of
the
withdrawal
notification
on
file
at
the
C/
U
0.00
0.00
0.00
0.10
0.10
$
2.52
$
0.00
$
0.00
0
0.00
$
0.00
Subtotal
0.00
0.50
0.00
0.30
0.80
$
38.04
$
0.00
$
2.68
0
0.00
$
0.00
Label
container
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.066
1,282,594
25,651.89
$
943,989.42
Subtotal
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.066
1,282,594
25,651.89
$
943,989.42
Train/
instruct
individuals
working
in
a
laboratory
0.00
0.00
0.00
0.00
0.00
$
0.00
$
0.00
$
0.00
296
0.00
$
0.00
Maintain
training
records
for
laboratory
workers
(
LQGs
only)
0.00
0.00
0.00
0.00
0.00
$
0.00
$
0.00
$
0.00
146
0.00
$
0.00
Subtotal
0.00
0.00
0.00
0.00
0.00
$
0.00
$
0.00
$
0.00
varies
0.00
$
0.00
Label
container
with
the
date
the
55
gallons
or
the
1
quart
of
unwanted
material
is
exceeded
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
0
0.00
$
0.00
Subtotal
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
0
0.00
$
0.00
Make
hazardous
waste
determination
0.00
0.00
0.00
0.00
0.00
$
0.00
$
0.00
$
0.00
48,607
0.00
$
0.00
Add
the
appropriate
EPA
hazardous
waste
code(
s)
to
the
container
label
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
48,607
972.13
$
32,566.42
Subtotal
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
48,607
972.13
$
32,566.42
Make
hazardous
waste
determination
0.00
0.00
0.00
0.00
0.00
$
0.00
$
0.00
$
0.00
1,233,988
0.00
$
0.00
Add
the
appropriate
EPA
hazardous
waste
code(
s)
to
the
container
label
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
1,233,988
24,679.75
$
826,771.77
Subtotal
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
1,233,988
24,679.75
$
826,771.77
Make
hazardous
waste
determination
0.00
0.00
0.00
0.00
0.00
$
0.00
$
0.00
$
0.00
0
0.00
$
0.00
Add
the
appropriate
EPA
hazardous
waste
code(
s)
to
the
container
label
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
0
0.00
$
0.00
Subtotal
0.00
0.00
0.02
0.00
0.02
$
0.67
$
0.00
$
0.00
0
0.00
$
0.00
Document
activities
of
the
laboratory
clean­
out
0.00
0.00
0.01
0.00
0.01
$
0.34
$
0.00
$
0.00
104,242
1,042.42
$
35,442.28
Maintain
documentation
on
laboratory
clean­
out
0.00
0.00
0.00
0.01
0.01
$
0.25
$
0.00
$
0.00
104,242
1,042.42
$
26,060.50
Subtotal
0.00
0.00
0.01
0.01
0.02
$
0.59
$
0.00
$
0.00
104,242
2,084.84
$
61,502.78
Develop
Laboratory
Management
Plan,
or
revise
an
existing
plan
0.00
8.00
40.00
0.00
48.00
$
1,837.12
$
0.00
$
0.00
99
4,752.00
$
181,874.88
Review
and
revise
the
Laboratory
Management
Plan
0.00
0.00
4.00
0.00
4.00
$
134.96
$
0.00
$
0.00
197
788.00
$
26,587.12
Retain
Laboratory
Management
Plan
on­
site
0.00
0.00
0.00
0.10
0.10
$
2.52
$
0.00
$
0.00
296
29.60
$
745.92
Subtotal
0.00
varies
varies
varies
varies
varies
$
0.00
$
0.00
varies
5,569.60
$
209,207.92
TOTAL
varies
varies
varies
varies
varies
varies
$
0.00
varies
varies
59,136.41
$
2,084,260.06
LABORATORY
MANAGEMENT
PLAN
(
40
CFR
262.214)
Total
Hours
and
Costs
NOTIFICATION
OF
INTENT
TO
NO
LONGER
COMPLY
WITH
THE
SUBPART
K
REQUIREMENTS
(
40
CFR
262.204)
Number
of
Respondents/
Ac
tivities
Total
Hours/

Year
Total
Cost/

Year
Respon.

Hours/

Year
Labor
Cost/

Year
NOTIFICATION
OF
INTENT
TO
COMPLY
WITH
THE
SUBPART
K
REQUIREMENTS
(
40
CFR
262.203)
Capital/

Startup
Cost
O&
M
Cost
LABELING
OF
CONTAINERS
OF
UNWANTED
MATERIALS
IN
THE
LABORATORY
(
40
CFR
262.206)

TRAINING
AND
INSTRUCTION
(
40
CFR
262.207)

REMOVAL
OF
CONTAINERS
OF
UNWANTED
MATERIAL
FROM
THE
LABORATORY
(
40
CFR
262.208)

READING
THE
REGULATIONS
MAKING
THE
HAZARDOUS
WASTE
DETERMINATION
IN
THE
LABORATORY
(
40
CFR
262.210)

MAKING
THE
HAZARDOUS
WASTE
DETERMINATION
AT
AN
ON­
SITE
CENTRAL
ACCUMULATION
AREA
(
40
CFR
262.211)

MAKING
THE
HAZARDOUS
WASTE
DETERMINATION
AT
AN
ON­
SITE
INTERIM
STATUS
OR
PERMITTED
TSDF
(
40
CFR
262.212)

LABORATORY
CLEAN­
OUTS
(
40
CFR
262.213)
32
EXHIBIT
2
GENERATOR
STANDARDS
APPLICABLE
TO
COLLEGE
AND
UNIVERSITY
LABORATORIES
a
ESTIMATED
ANNUAL
AGENCY
HOUR
AND
COST
BURDEN
Hours
and
Costs
per
Respondent
Legal
Manager
Technical
Clerical
INFORMATION
COLLECTION
ACTIVITY
$
68.70/
Hr
$
58.42/
Hr
$
49.44/
Hr
$
25.95/
Hr
Review
and
process
one­
time
notification
0.00
0.00
0.25
0.50
0.75
$
25.34
$
0.00
$
0.00
99
74.25
$
2,508.66
Subtotal
0.00
0.00
0.25
0.50
0.75
$
25.34
$
0.00
$
0.00
99
74.25
$
2,508.66
Review
and
process
one­
time
notification
0.00
0.00
0.25
0.50
0.75
$
25.34
$
0.00
$
0.00
0
0.00
$
0.00
Subtotal
0.00
0.00
0.25
0.50
0.75
$
25.34
$
0.00
$
0.00
0
0.00
$
0.00
TOTAL
0.00
0.00
varies
0.00
varies
varies
$
0.00
$
0.00
varies
74.25
$
2,508.66
Total
Hours
and
Costs
Respon.

Hours/

Year
Labor
Cost/

Year
Capital/

Startup
Cost
O&
M
Cost
Number
of
Respondents/

Activities
Total
Hours/

Year
Total
Cost/

Year
NOTIFICATION
OF
INTENT
TO
COMPLY
WITH
THE
SUBPART
K
REQUIREMENTS
(
40
CFR
262.203)

NOTIFICATION
OF
INTENT
TO
NO
LONGER
COMPLY
WITH
THE
SUBPART
K
REQUIREMENTS
(
40
CFR
262.204)
