SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1442.18
Land
Disposal
Restrictions
(
LDR
­
Phase
IV:
Treatment
Standards
for
Wastes
from
Toxicity
Characteristic
Metals,
Mineral
Processing
Materials,
and
the
Exclusion
of
Recycled
Wood
Preserving
Wastewaters
December
17,
2003
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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1
1
(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
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1
1
(
b)
CHARACTERIZATION
OF
THE
INFORMATION
COLLECTION
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1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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7
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
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7
2(
b)
USE
AND
USERS
OF
THE
DATA
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11
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA14
3(
a)
NONDUPLICATION
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14
3(
b)
PUBLIC
NOTICE
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14
3(
c)
CONSULTATIONS
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15
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
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15
3(
e)
GENERAL
GUIDELINES
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16
3(
f)
CONFIDENTIALITY
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16
3(
g)
SENSITIVE
QUESTIONS
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16
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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16
4(
a)
RESPONDENTS
AND
SIC/
NAICS
CODES
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16
4(
b)
INFORMATION
REQUESTED
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17
5.
THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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36
5(
a)
AGENCY
ACTIVITIES
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36
5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
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40
5(
c)
SMALL
ENTITY
FLEXIBILITY
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40
5(
d)
COLLECTION
SCHEDULE
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40
6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
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43
6(
a)
ESTIMATING
RESPONDENT
HOURS
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43
6(
b)
ESTIMATING
RESPONDENT
COSTS
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43
6(
c)
ESTIMATING
AGENCY
HOUR
AND
COST
BURDEN
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46
6(
d)
RESPONDENT
UNIVERSE
AND
TOTAL
RESPONDENT
HOUR
AND
COST
BURDEN
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46
6(
e)
BOTTOM
LINE
HOUR
AND
COST
BURDEN
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63
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
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63
6(
g)
BURDEN
STATEMENT
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63
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1
(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
This
Information
Collection
Request
(
ICR)
is
entitled
"
Land
Disposal
Restrictions
(
LDR
­
Phase
IV:
Treatment
Standards
for
Wastes
from
Toxicity
Characteristic
Metals,
Mineral
Processing
Materials,
and
the
Exclusion
of
Recycled
Wood
Preserving
Wastewaters,"
EPA
ICR
Number
1442.18.

1
(
b)
CHARACTERIZATION
OF
THE
INFORMATION
COLLECTION
The
Resource
Conservation
and
Recovery
Act
of
1976
(
RCRA),
as
amended
by
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
HWSA),
regulates
hazardous
waste
management
activities,
including
generation,
treatment,
storage,
and
disposal
of
hazardous
wastes.
Section
3004(
d),
(
e),
and
(
g)
of
RCRA
authorizes
the
U.
S.
Environmental
Protection
Agency
(
EPA)
to
promulgate
regulations
that
prohibit
the
land
disposal
of
hazardous
waste
unless
it
meets
specified
treatment
standards
or
is
disposed
of
in
a
land
disposal
unit
that
satisfies
the
"
no­
migration"
standard.
The
statute
specifies
dates
when
particular
groups
of
hazardous
wastes
are
prohibited
from
land
disposal
(
except
in
no­
migration
units),
including:

°
Effective
November
8,
1986,
HSWA
prohibited
land
disposal
(
except
by
deep
well
injection)
of
solvent­
containing
hazardous
wastes
numbered
F001­
F005
listed
in
40
CFR
261.31
and
dioxin­
containing
hazardous
wastes
numbered
F020­
F023
and
F026­
F028.

°
Effective
July
8,
1987,
the
statute
prohibited
land
disposal
(
except
by
deep
well
injection)
of
a
number
of
listed
or
identified
wastes
set
out
in
RCRA
Section
3004(
d)(
1)
and
(
d)(
2)
(
i.
e.,
California
list
wastes).

°
Effective
August
8,
1988,
RCRA
Section
3004(
f)
required
that
EPA
prohibit
the
disposal
of
solvents,
dioxins,
and
California
list
wastes
in
deep
wells,
unless
such
disposal
had
been
determined
to
be
protective
of
human
health
and
the
environment
for
as
long
as
the
wastes
remained
hazardous,
or
unless
a
variance
had
been
granted.

°
HSWA
required
EPA
to
prepare
a
schedule
and
a
ranking
of
hazardous
wastes
to
be
restricted
from
land
disposal,
including
underground
injected
wastes,
listed
or
identified
in
40
CFR
Part
261
as
of
November
8,
1984,
excluding
solvent­
and
dioxin­
containing
wastes
and
California
list
wastes.
The
statute
set
forth
the
following
deadlines:

 
At
least
one­
third
of
all
listed
hazardous
wastes
would
be
prohibited
from
land
disposal
by
August
8,
1988
(
First
Third);
2
 
At
least
two­
thirds
of
all
listed
hazardous
wastes
would
be
prohibited
from
land
disposal
by
June
8,
1989
(
Second
Third);
and
 
All
remaining
listed
hazardous
wastes
and
all
hazardous
wastes
identified
as
of
November
8,
1984,
by
one
or
more
of
the
characteristics
defined
in
40
CFR
Part
261,
would
be
prohibited
from
land
disposal
by
May
8,
1990
(
Third
Third).

°
The
statute
requires
EPA
to
make
a
land
disposal
determination
for
any
hazardous
waste
that
is
newly
identified
or
listed
in
40
CFR
Part
261
after
November
8,
1984,
within
six
months
of
the
date
of
identification
or
listing.

Under
this
authority,
EPA's
Office
of
Solid
Waste
(
OSW)
has
developed
the
land
disposal
restrictions
(
LDR)
program.
The
LDR
program
is
codified
at
40
CFR
Part
268.
Under
Part
268,
OSW
has
established
treatment
standards
for
hazardous
wastes.
It
has
established
minimum
technical
standards
for
managing
restricted
wastes,
such
as
requirements
for
waste
characterization
and
waste
tracking
(
i.
e.,
notifications/
certifications).
It
also
has
established
variances,
case­
by­
case
extensions
to
the
effective
date,
and
other
mechanisms
that
provide
flexibility
in
administering
the
LDR
program.

This
ICR
examines
the
LDR
information
collection
requirements
at
40
CFR
Part
268.
Sections
1
through
5
of
the
ICR
describe
the
information
collection
requirements
(
e.
g.,
in
regard
to
need
and
use
of
the
information
collected).
Section
6
estimates
the
annual
hour
and
cost
burden
to
respondents
and
the
Agency
under
these
requirements.
[
Note
that
this
ICR
does
not
examine
the
information
collection
requirements
at
40
CFR
268.6.
These
requirements
are
examined
in
"
Land
Disposal
Restrictions
`
No­
Migration'
Variances,"
EPA
ICR
Number
1353.]

The
following
paragraphs
briefly
summarize
the
information
collection
requirements
covered
in
this
ICR.

(
1)
Treatment
Surface
Impoundment
Exemption
40
CFR
268.4(
a)
provides
that
wastes
which
are
otherwise
prohibited
from
land
disposal
under
Part
268
may
be
treated
in
a
surface
impoundment
or
series
of
impoundments
provided
that
the
owner/
operator
complies
with
section
268.4(
a)­(
b).
Among
other
things,
section
268.4(
a)
lays
out
sampling
and
testing
provisions,
waste
management
requirements,
and
unit
design
requirements.
It
also
establishes
procedures
(
e.
g.,
application
and
certification)
for
the
owner/
operator
to
apply
to
EPA
to
obtain
the
exemption.
3
(
2)
Procedures
for
Case­
by­
Case
Extension
40
CFR
268.5(
a)­(
c)
provides
that
any
person
who
generates,
treats,
stores,
or
disposes
of
a
hazardous
waste
may
submit
an
application
to
EPA
for
an
extension
to
the
effective
date
of
any
applicable
restriction
established
under
Subpart
C
of
Part
268.
The
application
must
demonstrate
all
of
the
items
laid
out
at
40
CFR
268.5(
a)(
1)­(
7)
(
e.
g.,
demonstrate
that
the
applicant
has
made
a
good­
faith
effort
to
locate
and
contract
with
a
facility
to
accept
and
manage
his
waste
in
accordance
with
the
effective
date
of
the
applicable
restriction).
The
application
also
must
include
a
signed
certification.

(
3)
Waste
Analysis
and
Recordkeeping
(
a)
Generator
Waste
Analysis
and
Recordkeeping
Under
40
CFR
268.7(
a)(
1),
a
generator
of
hazardous
waste
must
determine
if
the
waste
has
to
be
treated
before
it
can
be
land
disposed.
This
is
done
by
determining
if
the
hazardous
waste
meets
the
treatment
standards
of
40
CFR
268.40,
268.45,
or
268.49.
This
determination
can
be
made
in
either
of
two
ways:
testing
the
waste
or
using
knowledge
of
the
waste.

Section
268.7(
a)(
2)­(
4)
establishes
requirements
for
generators
to
prepare
and
send
with
the
initial
shipment
to
each
facility
receiving
the
waste
or
contaminated
soil
a
one­
time
notice
and,
if
applicable,
signed
certification.
The
one­
time
notice
and
signed
certification
must
describe
the
waste
as
specified
in
the
regulations
and
must
be
placed
in
the
generator's
file.
No
further
notice
or
certification
is
needed
until
such
time
that
the
waste,
soil,
or
facility
changes,
in
which
case
a
new
notice
and,
if
applicable,
certification
must
be
sent
and
a
copy
placed
in
the
generator's
files.

Section
268.7(
a)(
5)
requires
that,
if
a
generator
is
managing
and
treating
a
prohibited
waste
or
contaminated
soil
in
tanks,
containers,
or
containment
buildings
regulated
under
40
CFR
262.34
to
meet
applicable
treatment
standards
under
Subpart
D
of
Part
268,
the
generator
must
develop
and
follow
a
written
waste
analysis
plan
that
describes
the
procedures
the
generator
will
carry
out
to
comply
with
the
treatment
standards.
The
plan
must
be
kept
on
site
in
the
generator's
records.

Section
268.7(
a)(
6)­(
8)
establishes
recordkeeping
requirements
for
generators'
LDR
waste
determinations
and
other
paperwork.
Section
268.7(
a)(
6)
requires
generators
to
keep
all
supporting
data
used
to
make
their
LDR
waste
determinations,
including
determinations
based
on
knowledge
of
the
waste
and/
or
all
waste
analysis
data,
as
applicable.
Section
268.7(
a)(
7)
requires
that,
if
a
generator
determines
that
he
is
managing
a
restricted
waste
that
is
excluded
from
the
definition
of
hazardous
or
solid
waste
or
exempt
from
Subtitle
C
regulation
under
40
CFR
261.2
through
261.6
subsequent
to
the
point
of
generation,
he
must
place,
in
his
files,
a
one­
time
notice
stating
such
generation,
subsequent
exclusion
from
the
definition
of
hazardous
or
solid
waste
or
exemption
from
Subtitle
C
regulation,
and
the
disposition
of
the
waste.
Finally,
section
268.7(
a)(
8)
requires
generators
to
retain
on
site
a
copy
of
all
notices,
certifications,
4
demonstrations,
waste
analysis
data,
and
other
documentation
produced
pursuant
to
section
268.7
for
at
least
three
years
from
the
date
that
the
waste
that
is
the
subject
of
such
documentation
was
last
sent
to
on­
site
or
off­
site
treatment,
storage,
or
disposal.

Section
268.7(
a)(
9)­(
10)
establishes
special
notification
and
recordkeeping
requirements
for
generators
wishing
to
use
the
alternative
treatment
standards
for
lab
packs
found
at
40
CFR
268.42(
c)
and
for
small
quantity
generators
(
SQGs)
with
tolling
agreements
pursuant
to
40
CFR
262.20(
e).
Generators
of
lab
packs
wishing
to
use
the
alternative
treatment
standards
must
submit
a
one­
time
notice
and
signed
certification
with
the
initial
shipment
to
the
treatment
facility
and
keep
a
copy
of
these
documents
in
their
files.
No
further
notice
or
certification
is
needed
until
the
waste
in
the
lab
pack,
or
the
receiving
facility,
changes.
Generators
under
a
tolling
agreement
are
subject
to
the
section
268.7(
a)
requirements
for
their
initial
shipment.
Generators
must
keep
a
copy
of
their
notification
and
certification,
along
with
their
tolling
agreement,
in
their
files
for
at
least
three
years
after
the
termination
or
expiration
of
their
agreement.

(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
40
CFR
268.7(
b)(
1)­(
2)
requires
that
treatment
facilities
test
their
wastes
and
contaminated
soils
according
to
the
frequency
specified
in
their
waste
analysis
plans
as
required
by
section
264.13
or
section
265.13.
Such
testing
must
be
done
to
assure
that
the
wastes
and
contaminated
soils
meet
the
applicable
treatment
standards.

Section
268.7(
b)(
3)­(
6)
establishes
one­
time
notification
and
certification
requirements
for
treatment
facilities.
Section
268.7(
b)(
3)­(
4)
requires
treaters
to
prepare
and
send
with
the
initial
shipment
to
the
disposer
a
one­
time
notification
and
signed
certification
describing
the
waste,
residue,
or
contaminated
soil
as
specified
in
the
regulations.
The
one­
time
notice
and
signed
certification
must
be
placed
in
the
treater's
file.
If
the
waste
or
residue
changes,
or
the
facility
receiving
the
waste
changes,
the
treater
must
send
and
keep
records
of
a
new
notice
and
certification.
Section
268.7(
b)(
5)
provides
that
treaters
shipping
waste
or
treatment
residue
for
further
management
at
another
treatment,
storage,
or
disposal
facility
(
TSDF)
must
comply
with
the
section
268.7(
a)
requirements
for
generators.
Finally,
where
wastes
are
recyclable
materials
used
in
a
manner
constituting
disposal
subject
to
section
266.20(
b),
the
treater
must
submit
with
each
shipment
of
such
wastes
a
notice
and
signed
certification
to
EPA.
The
treater
also
must
keep
specified
records
of
the
entities
receiving
the
hazardous
waste­
derived
product.

(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
40
CFR
268.7(
c)(
1)
provides
that,
except
where
the
owner
or
operator
is
disposing
of
any
waste
that
is
a
recyclable
material
used
in
a
manner
constituting
disposal
pursuant
to
40
CFR
266.20(
b),
the
owner/
operator
of
any
land
disposal
facility
disposing
any
waste
subject
to
restrictions
under
Part
268
must
have
copies
of
the
notice
and
certification
specified
in
section
268.7(
a)
or
(
b).
Section
268.7(
c)(
2)
requires
that,
except
for
an
owner/
operator
who
is
disposing
of
any
waste
that
is
a
recyclable
material
used
in
a
manner
constituting
disposal
pursuant
to
40
5
1
Note
that
40
CFR
268.7(
d)
references
the
provisions
of
40
CFR
261.3(
e).
However,
section
268.7(
d)
should
reference
section
261.3(
f),
rather
than
section
261.3(
e).
CFR
266.20(
b),
the
owner/
operator
of
any
land
disposal
facility
disposing
any
waste
subject
to
restrictions
under
Part
268
must
test
the
waste,
or
an
extract
of
the
waste
or
treatment
residue,
using
the
test
method
described
in
"
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,"
EPA
Publication
SW­
846
as
incorporated
by
reference
in
section
260.11.
Such
testing
must
be
performed
according
to
the
frequency
specified
in
the
facility's
waste
analysis
plan
as
required
by
section
264.13
or
section
265.13.

(
d)
Hazardous
Debris
Requirements
Pursuant
to
40
CFR
268.7(
d),
generators
or
treaters
who
first
claim
that
hazardous
debris
is
excluded
from
the
definition
of
hazardous
waste
under
section
261.3(
f)
(
i.
e.,
debris
treated
by
an
extraction
or
destruction
technology
provided
by
Table
1,
section
268.45,
and
debris
that
the
Regional
Administrator
has
determined
does
not
contain
hazardous
waste)
must
submit
a
one­
time
notification
to
EPA
or
the
authorized
State.
1
The
notification
must
be
updated
if
the
debris
is
shipped
to
a
different
facility,
and,
for
debris
excluded
under
section
261.3(
f)(
1),
if
a
different
type
of
debris
is
treated
or
if
a
different
technology
is
used
to
treat
the
debris.
For
debris
excluded
under
section
261.3(
f)(
1),
the
owner/
operator
of
the
treatment
facility
must
document
and
certify
compliance
with
the
treatment
standards
of
Table
1,
section
268.45.

(
e)
Contaminated
Soil
Requirements
Under
40
CFR
268.7(
e),
generators
and
treaters
who
first
receive
from
EPA
or
an
authorized
State
a
determination
that
a
given
contaminated
soil
subject
to
the
LDRs
as
provided
in
section
268.49(
a)
no
longer
contains
a
listed
hazardous
waste
and
generators
and
treaters
who
first
determine
that
a
contaminated
soil
no
longer
exhibits
a
characteristic
of
hazardous
waste
must
prepare
a
one­
time
only
documentation
of
these
determinations.
They
also
must
maintain
this
information
in
their
files
and
other
records
for
a
minimum
of
three
years.

(
f)
Special
Rules
for
Characteristic
Wastes
Pursuant
to
40
CFR
268.9(
d),
wastes
that
exhibit
a
characteristic
are
also
subject
to
section
268.7
requirements,
except
that
once
the
waste
is
no
longer
hazardous,
a
one­
time
notification
and
certification
must
be
placed
in
the
generator's
or
treater's
files
and
sent
to
EPA
or
the
authorized
State.
The
notification
and
certification
that
is
placed
in
the
generator's
or
treater's
files
must
be
updated
if
the
process
or
operation
generating
the
waste
changes
and/
or
if
the
Subtitle
D
facility
receiving
the
waste
changes.
The
generator
or
treater
must
notify
EPA
or
the
authorized
State
of
any
changes
on
an
annual
basis
only,
but
no
later
than
December
31.
If
treatment
removes
the
characteristic
but
does
not
treat
underlying
hazardous
constituents,
then
the
certification
found
in
section
268.7(
b)(
5)(
iv)
applies.
6
(
4)
Demonstration
for
Alternative
Treatment
Technology
40
CFR
268.42(
b)
provides
that
any
person
may
submit
an
application
to
EPA
demonstrating
that
an
alternative
treatment
method
can
achieve
a
measure
of
performance
equivalent
to
that
achievable
by
methods
specified
in
section
268.42(
a),
(
c),
and
(
d)
or
specified
in
Table
1
of
section
268.45
for
hazardous
debris.
The
applicant
must
submit
information
demonstrating
that
his
treatment
method
is
in
compliance
with
Federal,
State,
and
local
requirements
and
is
protective
of
human
health
and
the
environment.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
40
CFR
268.44(
a)­(
d)
provides
that,
where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or
waste
extract
and
a
waste
cannot
be
treated
to
the
specified
level,
or
where
the
treatment
technology
is
not
appropriate
to
the
waste,
the
generator
or
treatment
facility
may
petition
EPA
for
a
variance
from
the
treatment
standard.
(
See
59
FR
48023
for
clarifying
guidance.)
The
petitioner
must
demonstrate
that,
because
the
physical
or
chemical
properties
of
the
waste
differ
significantly
from
wastes
analyzed
in
developing
the
treatment
standard,
the
waste
cannot
be
treated
to
specified
levels
or
by
the
specified
methods.

Section
268.44(
h)­(
m)
provides
that,
where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or
waste
extract
and
a
waste
generated
under
conditions
specific
to
only
one
site
cannot
be
treated
to
the
specified
level,
or
where
the
treatment
technology
is
not
appropriate
to
the
waste,
the
generator
or
treatment
facility
may
apply
to
EPA,
or
its
delegated
representative,
for
a
site­
specific
variance
from
the
treatment
standard.

(
6)
Recordkeeping
for
Storage
Prohibition
40
CFR
268.50(
a)
prohibits
the
storage
of
hazardous
wastes
restricted
from
land
disposal
under
Subpart
C
of
Part
268,
unless
the
conditions
of
section
268.50(
a)
are
met.
In
particular,
section
268.50(
a)(
2)
allows
an
owner/
operator
of
a
hazardous
waste
treatment,
storage,
or
disposal
facility
to
store
such
wastes
in
tanks,
containers,
and
containment
buildings
if:
(
1)
the
waste
is
stored
solely
for
the
purpose
of
the
accumulation
of
such
quantities
of
hazardous
waste
as
necessary
to
facilitate
proper
recovery,
treatment,
or
disposal;
(
2)
each
container
is
clearly
marked
to
identify
its
contents
and
the
date
each
period
of
accumulation
begins;
and
(
3)
each
tank
is
clearly
marked
with
a
description
of
its
contents,
the
quantity
of
each
hazardous
waste
received,
and
the
date
each
period
of
accumulation
begins;
or
such
information
for
each
tank
is
recorded
and
maintained
in
the
operating
record
at
that
facility.
Regardless
of
whether
the
tank
itself
is
marked,
an
owner/
operator
must
comply
with
the
operating
record
requirements
in
section
264.73
or
section
265.73.
7
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
This
section
describes
the
need
and
authority
for
each
type
of
information
collection
included
in
this
ICR.

(
1)
Treatment
Surface
Impoundment
Exemption
RCRA
Section
3005(
j)(
1)
provides
that,
except
as
provided
in
RCRA
Section
3005(
j)(
2)­(
4),
each
interim­
status
surface
impoundment
shall
not
receive,
store,
or
treat
hazardous
waste
after
the
date
four
years
after
such
date
of
enactment
unless
such
surface
impoundment
is
in
compliance
with
the
requirements
of
Section
3004(
o)(
1)(
A),
which
would
apply
to
such
impoundment
if
it
were
new.
Under
this
section,
EPA
promulgated
40
CFR
268.4,
which
provides
that
wastes
that
would
otherwise
be
prohibited
from
one
or
more
methods
of
land
disposal
may
be
treated
in
a
surface
impoundment
that
meets
certain
technological
requirements
as
long
as
treatment
residuals
that
do
not
meet
the
applicable
treatment
standard
(
or
statutory
prohibition
levels
where
no
treatment
standards
are
established)
are
removed
for
subsequent
management
within
one
year
of
entry
into
the
impoundment
and
the
wastes
are
not
placed
into
any
other
surface
impoundment.
The
owner/
operator
must
certify
to
EPA
that
the
technical
requirements
have
been
met
and
must
also
submit
a
copy
of
the
waste
analysis
plan.
EPA
believes
the
information
collection
requirements
in
section
268.4
are
essential
in
certifying
to
EPA
that
treatment
surface
impoundments
meet
minimum
technical
standards
and
that
wastes
are
characterized
and
managed
in
accordance
with
the
approved
waste
analysis
plan
and
accepted
methods.

(
2)
Procedures
for
Case­
by­
Case
Extension
Under
RCRA
Section
3004(
h),
EPA
can
grant
case­
by­
case
extensions
of
the
prohibition
effective
dates
for
up
to
one
year
beyond
the
applicable
deadlines;
extensions
are
renewable
once
for
up
to
one
additional
year.
[
Under
section
268.5,
the
Agency
will
consider
granting
up
to
a
one­
year
extension
(
renewable
only
once)
of
a
prohibition
effective
date
on
a
case­
by­
case
basis.
The
requirements
outlined
in
section
268.5
must
be
satisfied,
including,
among
other
things,
a
demonstration
that
adequate
alternative
treatment,
recovery,
or
disposal
capacity
for
the
petitioner's
waste
cannot
reasonably
be
made
available
by
the
effective
date
due
to
circumstances
beyond
the
applicant's
control
and
that
the
petitioner
has
entered
into
a
binding
contractual
commitment
to
construct
or
otherwise
provide
such
capacity.]
EPA
needs
the
information
in
section
268.5
to
ensure
that
the
extension
is
justified
and
that
the
applicant
is
taking
appropriate
steps
in
obtaining
needed
capacity
and
in
managing
the
waste.
8
(
3)
Waste
Analysis
and
Recordkeeping
(
a)
Generator
Waste
Analysis
and
Recordkeeping
RCRA
Section
3002(
a)
authorizes
EPA
to
establish
requirements
for
generators
respecting,
among
other
things,
recordkeeping
practices
that
accurately
identify
the
quantities
of
hazardous
wastes
generated,
the
constituents
thereof,
and
the
disposition
of
such
wastes.
EPA
is
also
authorized
to
develop
standards
for
the
use
of
a
manifest
system
and
any
other
reasonable
means
necessary
to
assure
that
all
such
hazardous
waste
generated
is
designated
for
treatment,
storage
or
disposal.
EPA
believes
that
the
one­
time
LDR
tracking
requirement
is
essential
in
tracking
restricted
hazardous
wastes
from
cradle
to
grave,
thereby
ensuring
that
threats
are
minimized.
The
notices
and
certifications
ensure
that
the
shipper
and
receiving
facility
are
held
accountable
for
proper
characterization
and
management
of
the
waste.
Because
the
notification
and,
if
applicable,
certifications
are
required
only
for
the
initial
shipment
of
waste
from
the
generator,
and
only
must
be
updated
when
specified,
EPA
further
believes
that
its
LDR
tracking
requirements
place
a
minimal
burden
on
generators.

As
of
the
November
22,
1989
proposed
Third
Third
rule,
treatment
of
prohibited
wastes
conducted
in
so­
called
90­
day
tanks,
containers,
and
containment
buildings
regulated
under
section
262.34
had
not
been
subject
to
a
waste
analysis
plan
requirement.
Thus,
there
was
no
regulatory
vehicle
for
determining
testing
frequency
in
such
circumstances.
In
contrast,
under
section
268.7(
b),
treatment
facilities
treating
prohibited
wastes
were
required
to
test
the
treatment
residues
that
they
generate
at
a
frequency
determined
by
their
waste
analysis
plan
in
order
to
ascertain
compliance
with
all
applicable
standards.
In
order
to
close
the
gap,
EPA
promulgated
section
268.7(
a)(
5)
in
the
Third
Third
final
rule
(
55
FR
22687).
Section
268.7(
a)(
5)
requires
that
generators
treating
prohibited
wastes
in
tanks,
containers,
and
containment
buildings
must
prepare
a
plan
which
describes
the
procedures
to
be
carried
out
to
comply
with
the
treatment
standards.
Section
268.7(
a)(
5)
assists
generators
in
verifying
whether
their
wastes
meet
appropriate
treatment
levels.

(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
RCRA
Section
3004(
a)
authorizes
EPA
to
develop
standards
for
owner/
operators
of
TSDFs
respecting
(
but
not
limited
to)
treatment
of
all
such
waste
received
by
the
facility
pursuant
to
such
operating
methods,
techniques,
and
practices
as
may
be
satisfactory
to
EPA.
EPA
believes
it
is
important
for
treatment
and
disposal
facilities
to
periodically
test
their
waste
in
order
to,
among
other
things,
corroborate
information
provided
by
the
off­
site
facility
delivering
the
waste
and
to
ensure
that
the
treated
waste
meets
the
applicable
treatment
standards.
As
required
under
section
268.7(
b)(
1)­(
2),
treatment
facilities
must
conduct
periodic
detailed
physical
and
chemical
analyses
of
their
waste
streams
to
assure
that
the
appropriate
40
CFR
Part
268
treatment
standards
are
being
met.
9
RCRA
Section
3004(
a)
also
authorizes
EPA
to
develop
standards
for
owner/
operators
of
TSDFs
respecting
(
but
not
limited
to)
maintaining
records
of
all
hazardous
waste
that
is
treated,
stored,
or
disposed
of,
as
the
case
may
be,
and
the
manner
in
which
such
wastes
were
treated,
stored
or
disposed
of.
EPA
believes
it
is
essential
that
generators
and
TSDFs
conduct
one­
time
LDR
tracking
in
order
to
track
hazardous
wastes
from
cradle
to
grave
to
ensure
that
threats
are
minimized.
The
notices
and
certifications
ensure
that
the
shipper
and
receiving
facility
are
held
accountable
for
proper
characterization
and
management
of
the
waste.
Because
the
notifications
and
certifications
are
required
only
for
the
initial
shipment,
and
only
must
be
updated
when
specified,
EPA
believes
that
the
LDR
tracking
requirements
place
a
minimal
burden
on
treaters.

(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
RCRA
Section
3004(
a)
authorizes
EPA
to
develop
standards
for
owner/
operators
of
TSDFs
respecting
(
but
not
limited
to)
maintaining
records
of
all
hazardous
waste
that
is
treated,
stored,
or
disposed
of,
as
the
case
may
be,
and
the
manner
in
which
such
wastes
were
treated,
stored
or
disposed
of.
As
required
under
section
268.7(
c)(
1),
land
disposal
facilities
must
keep
records
of
one­
time
notices
and
certifications
transmitted
from
generators
and
treatment
facilities.
As
required
under
section
268.7(
c)(
2),
land
disposal
facilities
must
conduct
periodic
detailed
physical
and
chemical
analyses
of
their
waste
streams
to
assure
that
the
appropriate
40
CFR
Part
268
treatment
standards
are
being
met.
EPA
believes
such
requirements
are
needed
to
ensure
that
the
land
disposal
facility
is
notified
of
the
applicable
treatment
standards
and
corroborates
generator
and
treater
information
through
periodic
testing.

(
d)
Hazardous
Debris
Requirements
RCRA
Sections
3002
and
3004
authorize
EPA
to
promulgate
regulations
establishing
standards
applicable
to
hazardous
waste
generators
and
TSDFs,
respectively,
respecting
(
among
other
things)
recordkeeping
practices
for
their
hazardous
waste.
Under
this
authority,
EPA
promulgated
section
268.7(
d),
requiring
generators
or
treaters
who
first
claim
that
hazardous
debris
is
excluded
from
the
definition
of
hazardous
waste
under
section
261.3(
f)
to
submit
a
one­
time
notification
to
EPA
or
the
authorized
State.
The
notification
must
be
updated
if
the
debris
is
shipped
to
a
different
facility,
and,
for
debris
excluded
under
section
261.3(
f)(
1),
if
a
different
type
of
debris
is
treated
or
if
a
different
technology
is
used
to
treat
the
debris.
Such
requirements
are
needed
to
ensure
that
the
generator
or
treater
notifies
EPA
or
authorized
State
of
the
claim
and
to
hold
the
generator
or
treater
accountable
for
proper
management
of
the
debris.

(
e)
Contaminated
Soil
Requirements
Under
RCRA
Section
3004,
EPA
established
LDR
treatment
standards
for
contaminated
soil.
EPA
also
created
provisions
at
section
268.7(
e)
under
which
generators
and
treaters
who
first
receive
from
EPA
or
an
authorized
State
a
determination
that
a
given
contaminated
soil
subject
to
the
LDRs
as
provided
in
section
268.49(
a)
no
longer
contains
a
listed
hazardous
waste
and
generators
and
treaters
who
first
determine
that
a
contaminated
soil
no
longer
exhibits
a
10
characteristic
of
hazardous
waste
must
prepare
a
one­
time
only
documentation
of
these
determinations.
They
also
must
maintain
this
information
in
their
files
and
other
records
for
a
minimum
of
three
years.
EPA
believes
such
recordkeeping
is
needed
for
generators
and
treaters
to
demonstrate
(
e.
g.,
to
on­
site
inspectors)
that
their
soils
no
longer
contain
the
listed
waste
or
exhibit
a
characteristic.

(
f)
Special
Rules
for
Characteristic
Wastes
In
the
Third
Third
final
rule
(
55
FR
22688),
EPA
amended
the
tracking
requirements
for
characteristic
wastes
that
no
longer
exhibit
a
characteristic.
EPA
believed
that,
under
the
previous
tracking
system,
sending
the
tracking
forms
to
Subtitle
D
facilities
could
have
counterproductive
effects,
and
determined
that
the
tracking
forms
should
not
accompany
shipments
from
the
generator
to
the
Subtitle
D
facility.
Because
of
this,
EPA
amended
section
268.9,
providing
that
a
one­
time
notification
and
certification
should
be
placed
in
the
generator's
or
treater's
files,
sent
to
EPA
or
authorized
State,
and
updated
as
needed.
This
simplified
tracking
system
reduces
the
burden
to
the
generators
and
treaters,
while
at
the
same
time
provides
a
self­
regulating
mechanism
to
track
these
wastes.

(
4)
Demonstration
for
Alternative
Treatment
Technology
RCRA
Section
3004(
m)
provides
that,
if
a
hazardous
waste
has
been
treated
to
the
applicable
treatment
level
or
by
a
specified
method,
such
waste
or
residue
shall
not
be
subject
to
any
prohibition
promulgated
under
subsections
(
d),
(
e),
(
f),
or
(
g)
and
may
be
disposed
of
in
a
land
disposal
unit
that
meets
certain
requirements.
EPA
acknowledges
that,
in
special
situations,
a
specified
method
may
not
be
the
most
appropriate
technology
for
treating
the
waste.
Therefore,
40
CFR
268.42
provides
that
any
person
may
submit
an
application
to
EPA
demonstrating
that
an
alternative
treatment
method
can
achieve
a
measure
of
performance
equivalent
to
that
achievable
by
methods
specified
in
section
268.40.
The
contents
of
the
application,
as
required
by
section
268.42,
are
essential
for
allowing
EPA
to
evaluate
the
treatment
effectiveness
of
the
technology
and
whether
it
is
protective
of
human
health
and
the
environment.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
RCRA
Section
3004(
m)
provides
that,
simultaneously
with
the
promulgation
of
regulations
under
subsections
(
d),
(
e),
(
f),
and
(
g)
prohibiting
one
or
more
methods
of
land
disposal
of
a
particular
hazardous
waste,
EPA
shall
promulgate
regulations
specifying
those
levels
or
methods
of
treatment,
if
any,
which
substantially
diminish
the
toxicity
of
the
waste
or
substantially
reduce
the
likelihood
of
migration.
Although
EPA
believes
that
most
types
and
amounts
of
hazardous
waste
can
be
treated
to
appropriate
concentration
levels,
EPA
recognizes
that
there
may
be
cases
where
the
levels
cannot
be
achieved
for
a
particular
hazardous
waste.
In
particular,
in
the
Phase
II
final
rules,
EPA
reinforced
its
position
that
hazardous
soils
would
continue
to
be
subject
to
the
LDR
treatment
standards
that
apply
to
the
hazardous
wastes
with
which
the
soils
are
contaminated.
However,
the
Agency
acknowledges
that
the
treatment
11
standards
for
as­
generated
wastes
are
generally
inappropriate
or
unachievable
for
soils
contaminated
with
these
wastes,
within
the
meaning
of
40
CFR
268.44(
a).
For
this
reason,
the
Agency
has
indicated
that
treatability
variances
may
be
warranted
for
many
hazardous
soils.
Therefore,
40
CFR
268.44
provides
that,
where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or
waste
extract
and
a
waste
cannot
be
treated
to
the
specified
level,
or
where
the
treatment
technology
is
not
appropriate
to
the
waste,
the
generator
or
treatment
facility
may
petition
EPA
for
a
variance
from
the
treatment
standard.
The
contents
of
the
petition,
as
required
by
section
268.44,
are
essential
for
allowing
EPA
to
evaluate
if:
(
1)
it
is
not
physically
possible
to
treat
the
waste
to
the
specified
level
or
by
the
specified
method;
(
2)
it
is
inappropriate
to
require
the
waste
to
be
treated
to
the
specified
level
or
by
the
specified
method,
even
though
such
treatment
is
technically
possible;
(
3)
for
contaminated
soil,
treatment
to
the
specified
level
or
by
the
specified
method
would
result
in
concentrations
of
hazardous
constituents
that
are
below
protective
levels;
(
4)
for
contaminated
soil
only,
treatment
to
the
specified
level
or
by
the
specified
method
would
result
in
concentrations
of
hazardous
constituents
that
are
below
natural
background
concentrations
at
the
site
where
the
soil
will
be
land
disposed.

(
6)
Recordkeeping
for
Storage
Prohibition
RCRA
Section
3004(
j)
requires
that,
in
the
case
of
any
hazardous
waste
which
is
prohibited
from
one
or
more
methods
of
land
disposal,
the
storage
of
such
hazardous
waste
is
prohibited
unless
such
storage
is
solely
for
the
purpose
of
the
accumulation
of
such
quantities
of
hazardous
waste
as
are
necessary
to
facilitate
proper
recovery,
treatment,
or
disposal.
40
CFR
268.50(
a)
requires
that,
except
as
provided
in
section
268.50,
the
storage
of
hazardous
wastes
restricted
from
land
disposal
under
Subpart
C
of
Part
268
or
RCRA
Section
3004
is
prohibited,
unless
the
conditions
of
section
268.50(
a)
are
met.
Section
268.50(
a)(
2)
requires
that
an
owner/
operator
of
a
hazardous
waste
treatment,
storage,
or
disposal
facility
must
store
such
wastes
in
tanks,
containers,
or
containment
buildings
solely
for
the
purpose
of
the
accumulation
of
such
quantities
of
hazardous
waste
as
necessary
to
facilitate
proper
recovery,
treatment,
or
disposal.
Under
section
268.50(
a)(
2),
an
owner/
operator
of
a
tank
must
clearly
mark
it
with
a
description
of
its
contents,
the
quantity
of
each
hazardous
waste
received,
and
the
date
each
period
of
accumulation
begins,
or
keep
such
information
in
the
operating
record
at
the
facility,
so
that
the
facility
(
and
EPA,
if
it
desires),
can
track
how
long
the
waste
has
been
in
storage.
These
records
are
essential
to
hold
the
owner/
operator
accountable
for
legitimately
storing
the
waste
for
accumulation
in
accordance
with
section
268.50.

2(
b)
USE
AND
USERS
OF
THE
DATA
(
1)
Treatment
Surface
Impoundment
Exemption
Under
40
CFR
268.4,
wastes
which
are
otherwise
prohibited
from
land
disposal
under
Part
268
may
be
treated
in
a
surface
impoundment
or
series
of
impoundments
provided
that
surface
impoundment
meets
certain
technological
requirements
and
that
the
treatment
residuals
that
do
not
meet
the
applicable
treatment
standard
are
removed
for
subsequent
management
12
within
one
year
of
entry
and
the
wastes
are
not
placed
into
any
other
surface
impoundment.
The
owner/
operator
must
also
comply
with
the
other
section
268.4
requirements.
Section
268.4(
a)(
3)
provides
that
the
impoundment
must
meet
the
design
requirements
of
section
264.221(
c)
or
265.221(
a),
except
if
the
unit
is
exempted
pursuant
to
section
264.221(
d)
or
(
e)
or
to
section
265.221(
c)
or
(
d)
or
if
the
owner/
operator
applies
to
EPA
for
a
waiver
or
modification
of
the
requirements.
EPA
will
review
and
evaluate
the
application
based
on
the
criteria
outlined
in
the
section
(
e.
g.,
minimum
technical
design
standards).
EPA
examines
the
application's
contents
to
evaluate
if
the
design
and
operation
of
the
surface
impoundments,
along
with
other
relevant
factors,
will
be
protective
of
human
health
and
the
environment.

(
2)
Procedures
for
Case­
by­
Case
Extension
Under
40
CFR
268.5,
the
Agency
will
consider
granting
up
to
a
one­
year
extension
(
renewable
only
once)
of
a
prohibition
effective
date
on
a
case­
by­
case
basis.
The
requirements
outlined
in
section
268.5
must
be
satisfied,
including,
among
other
things,
a
demonstration
that
adequate
alternative
treatment,
recovery,
or
disposal
capacity
for
the
petitioner's
waste
cannot
reasonably
be
made
available
by
the
effective
date
due
to
circumstances
beyond
the
applicant's
control
and
that
the
petitioner
has
entered
into
a
binding
contractual
commitment
to
construct
or
otherwise
provide
such
capacity.
EPA
examines
the
information
in
the
petition
to
determine
if
the
extension
is
truly
warranted,
that
the
owner/
operator
has
taken
appropriate
steps
in
obtaining
needed
capacity,
and
that
the
waste
will
be
managed
in
accordance
with
approved
standards.

(
3)
Waste
Analysis
and
Recordkeeping
(
a)
Generator
Waste
Analysis
and
Recordkeeping
The
waste
determination
and
waste
tracking
requirements
for
generators
under
section
268.7(
a)
ensure
that
generators
properly
characterize
their
waste
under
Part
268
and
notify
treaters
and
land
disposal
facilities
on
the
restricted
waste
(
e.
g.,
whether
it
meets
the
applicable
standards).
Generators
must
also
certify
to
the
land
disposal
facility,
if
applicable,
that
the
waste
meets
the
applicable
treatment
levels.
Generators
must
keep
records
of
all
notices,
certifications,
demonstrations,
and
waste
analysis
data
for
their
own
purposes.
In
this
regard,
generators
use
the
notices
and
certifications
to
inform
the
receiving
facility
whether
the
waste
meets
applicable
treatment
standards.
EPA
may
request
the
waste
characterization
and/
or
tracking
information
during
an
on­
site
inspection
to
verify
the
generator's
compliance
with
the
LDR
requirements.

(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
Treatment
facilities
use
the
waste
analysis
data
and
waste
tracking
documents
to
ensure
that
the
treated
waste
meets
applicable
treatment
standards,
to
notify
the
land
disposal
facility
of
the
waste
(
e.
g.,
waste
type)
and,
if
applicable,
to
certify
to
the
land
disposal
facility
that
the
waste
meets
applicable
treatment
standards.
13
(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
Land
disposal
facilities
use
the
waste
analysis
data
and
waste
tracking
documents
to
corroborate
the
information
sent
from
generators
and
treatment
facilities.
Land
disposal
facilities
must
keep
records
of
notices
and
certifications
for
their
own
purposes,
although
EPA
may
also
want
to
review
the
facilities'
files.

(
d)
Hazardous
Debris
Requirements
Facilities
managing
hazardous
waste
(
including
debris)
use
notifications
and
certifications
to
ensure
that
wastes
are
properly
shipped,
treated,
disposed
of,
and
tracked.
Although
the
facilities
themselves
are
the
primary
users
of
these
records,
EPA
may
review
the
files
during
a
facility
inspection
to
make
sure
that
proper
records
of
wastes
are
being
kept.

(
e)
Contaminated
Soil
Requirements
On­
site
EPA
or
State
inspectors
use
the
information
kept
in
the
generator's
or
treater's
files,
pursuant
to
section
268.7(
e),
to
verify
that
the
generator's
or
treater's
soil
no
longer
contains
the
listed
waste
or
exhibits
a
characteristic,
as
determined
by
EPA
(
for
listed
waste)
or
the
generator
or
treater
(
for
characteristic
waste).

(
f)
Special
Rules
for
Characteristic
Wastes
Section
268.9(
d)
provides
that
generators
or
treaters
need
only
keep
records
of
and
submit
to
EPA
a
one­
time
notification
and
certification
for
characteristic
wastes
that
no
longer
exhibit
a
characteristic.
These
records
must
be
updated
as
needed.
These
records
are
used
by
facilities
and
EPA
to
track
wastes
that
are
sent
to
Subtitle
D
facilities.

(
4)
Demonstration
for
Alternative
Treatment
Technology
40
CFR
268.42
provides
that
any
person
may
submit
an
application
to
EPA
demonstrating
that
an
alternative
treatment
method
can
achieve
a
measure
of
performance
equivalent
to
that
achievable
by
methods
specified
in
section
268.42(
a),
(
c),
and
(
d).
This
provision
provides
flexibility
for
generators
or
treaters
who
wish
to
propose
an
alternative
treatment
method.
EPA
reviews
the
contents
of
the
application
to
evaluate
the
treatment
effectiveness
of
the
technology
and
whether
it
is
protective
of
human
health
and
the
environment.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
40
CFR
268.44
provides
that,
where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or
waste
extract
and
the
waste
cannot
be
treated
to
the
specified
level,
or
where
the
treatment
technology
is
not
appropriate
to
the
waste,
the
generator
or
treatment
facility
may
petition
EPA
for
a
variance
from
the
treatment
standard.
This
provision
provides
flexibility
14
for
generators
or
treaters
who
cannot
meet
the
standard
to
petition
EPA
for
a
variance.
EPA
reviews
the
contents
of
the
petition
to
evaluate
if:
(
1)
it
is
not
physically
possible
to
treat
the
waste
to
the
specified
level
or
by
the
specified
method;
(
2)
it
is
inappropriate
to
require
the
waste
to
be
treated
to
the
specified
level
or
by
the
specified
method,
even
though
such
treatment
is
technically
possible;
(
3)
for
contaminated
soil,
treatment
to
the
specified
level
or
by
the
specified
method
would
result
in
concentrations
of
hazardous
constituents
that
are
below
protective
levels;
(
4)
for
contaminated
soil
only,
treatment
to
the
specified
level
or
by
the
specified
method
would
result
in
concentrations
of
hazardous
constituents
that
are
below
natural
background
concentrations
at
the
site
where
the
soil
will
be
land
disposed.

(
6)
Recordkeeping
for
Storage
Prohibition
40
CFR
268.50(
a)
requires
that,
except
as
provided
in
section
268.50,
the
storage
of
hazardous
wastes
restricted
from
land
disposal
under
Subpart
C
of
Part
268
or
RCRA
Section
3004
is
prohibited,
unless
the
conditions
of
section
268.50(
a)
are
met.
Section
268.50(
a)(
2)
requires
that
an
owner/
operator
of
a
hazardous
waste
treatment,
storage,
or
disposal
facility
must
store
such
wastes
in
tanks,
containers,
and
containment
buildings,
solely
for
the
purpose
of
the
accumulation
of
such
quantities
of
hazardous
waste
as
necessary
to
facilitate
proper
recovery,
treatment,
or
disposal.
Under
section
268.50(
a)(
2),
an
owner/
operator
of
a
tank
must
clearly
mark
it
with
a
description
of
its
contents,
the
quantity
of
each
hazardous
waste
received,
and
the
date
each
period
of
accumulation
begins,
or
keep
such
information
in
the
operating
record
at
the
facility.
Such
information
is
used
by
the
facility
and
EPA
(
if
EPA
requests
such
information)
in
order
to
keep
track
of
the
amount
and
type
of
waste
and
the
duration
of
storage
for
each
tank.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
NONDUPLICATION
The
information
collected
under
this
ICR
is
not
available
from
any
source
other
than
respondents.
EPA's
Office
of
Solid
Waste
is
the
only
office
within
the
Agency
requiring
the
recordkeeping
or
reporting
of
this
information.
No
other
Federal
agency
or
department
collects
this
information.

3(
b)
PUBLIC
NOTICE
In
compliance
with
the
Paperwork
Reduction
Act
of
1995,
EPA
issued
a
public
notice
in
the
Federal
Register
on
August
28,
2003
(
68
FR
51773).
The
public
comment
period
extended
through
October
27,
2003.
EPA
received
no
comments
on
this
ICR
in
response
to
the
Federal
Register
notice.
15
3(
c)
CONSULTATIONS
Most
of
the
underlying
assumptions
in
this
ICR
(
e.
g.,
burden
hour
estimates)
are
based
on
EPA
consultations
with
industry
that
were
conducted
in
renewing
previous
LDR
ICRs.
In
renewing
this
current
ICR,
EPA
carefully
reviewed
all
of
the
ICR's
assumptions
and
determined
that
a
few
should
be
strengthened
based
on
additional
consultations.
Specifically,
EPA
conducted
consultations
on
the
ICR's
assumptions
regarding
respondents'
burden
for
reading
the
LDR
regulations
and
the
frequency
by
which
LDR
notices
and
certifications
are
prepared
and
transmitted.
EPA's
assumptions
regarding
these
and
other
activities
are
fully
discussed
in
Section
6(
d)
of
this
document.
EPA
conducted
its
consultations
with
the
following
organizations:

Organization
Contact
Name
Phone
Number
C­
Mac
Environmental
Group,
Inc.
Ms.
Chris
Hammonds
(
256)
492­
8340
Environmental
Systems
Company
(
ENSCO)
Mr.
Mike
Karp
(
870)
864­
3685
Northland
Environmental,
Inc.
Mr.
John
Stiller
(
401)
781­
6340
Perma
Fix
Environmental
Services
Mr.
Ken
Shoemake
(
352)
373­
6066
Pollution
Control
Industries
Ms.
Tita
Lagrimas
(
219)
397­
3951
Safety
Kleen
Mr.
Dan
Appelt
(
847)
468­
6720
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
The
vast
majority
of
the
paperwork
under
the
LDR
program
is
collected
on
a
one­
time
basis;
hence,
the
frequency
of
these
collections
cannot
be
reduced.
For
example,
EPA
modified
the
LDR
regulations
to
decrease
the
frequency
by
which
LDR
notices
and
certifications
are
transmitted.
This
decrease
in
the
collection
frequency
was
accomplished
by
requiring
that
respondents
only
send
one­
time
notices
and
certifications
with
their
initial
shipment
and
that
these
documents
be
updated
only
as
needed.
Previously,
EPA
had
required
that
respondents
send
appropriate
notifications
and
certifications
for
each
shipment.
EPA
believes
that
these
modifications
allow
for
proper
tracking
and
record
keeping
of
hazardous
waste
while
protecting
human
health
and
the
environment.

EPA
notes
that,
during
the
past
several
years,
the
Agency
has
undertaken
a
comprehensive
effort
to
review
all
of
the
RCRA
hazardous
waste
recordkeeping
and
reporting
requirements
(
i.
e.,
in
40
CFR
Parts
261
through
279)
and
their
burden
on
the
public,
regulated
entities,
and
the
States.
EPA
also
reviewed
burden
reduction
ideas
developed
by
EPA
offices
and
the
regulated
community
and
sought
input
from
the
States
and
others.
Based
on
its
evaluation,
EPA
determined
that
a
number
of
RCRA
requirements
could
be
streamlined
or
eliminated
without
diminishing
the
protection
of
human
health
or
the
environment.
16
On
January
17,
2002,
EPA
published
a
proposed
rulemaking
to
reduce
the
recordkeeping
and
reporting
burden
RCRA
imposes
on
the
States,
the
public,
and
the
regulated
community
(
67
FR
2517).
Since
then,
EPA
has
reviewed
and
considered
the
public
comments
and
continued
its
analysis
of
burden
reduction
strategies.
Based
on
these
efforts,
the
Agency
intends
to
finalize
a
rulemaking
in
the
near
future
to
streamline
or
eliminate
many
RCRA
information
collection
requirements.

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

3(
f)
CONFIDENTIALITY
Section
3007(
b)
of
RCRA
and
40
CFR
Part
2,
Subpart
B,
which
define
EPA's
general
policy
on
the
public
disclosure
of
information,
contain
provisions
for
confidentiality
that
EPA
follows
under
the
RCRA
program.
EPA
also
ensures
that
the
information
collection
procedures
comply
with
the
Privacy
Act
of
1974
and
OMB
Circular
108.

3(
g)
SENSITIVE
QUESTIONS
No
questions
of
a
sensitive
nature
are
included
in
any
of
the
LDR
information
collection
requirements.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
RESPONDENTS
AND
SIC/
NAICS
CODES
Hazardous
waste
generators,
treaters,
and
disposers
must
comply
with
the
LDR
program's
paperwork
requirements,
as
applicable.
Following
is
a
list
of
Standard
Industrial
Classification
(
SIC)
codes
and
corresponding
North
American
Industry
Classification
System
(
NAICS)
codes
associated
with
waste
handlers
that
may
be
affected
by
information
collection
requirements
covered
in
this
ICR:

Industrial
Sector
SIC
Code(
s)
NAICS
Code(
s)

Agriculture,
Forestry,
Fishing,
and
Hunting
01­
09
11
Mining
10­
14
21
Utilities
49
22
Construction
15­
17
23
Manufacturing
20­
39
31­
33
17
Industrial
Sector
SIC
Code(
s)
NAICS
Code(
s)

Wholesale
Trade
50­
51
42
Retail
Trade
52­
59
44­
45
Transportation
and
Warehousing
40­
47
48­
49
Information
27,
48,
73
(
partial),
78
51
Waste
Management
and
Remediation
Services
1799,
4953,
4959
562
Public
Administration
91­
97
92
4(
b)
INFORMATION
REQUESTED
(
1)
Treatment
Surface
Impoundment
Exemption
(
Section
268.4)

(
a)
Recordkeeping
(
Section
268.4(
a)(
2)(
iv))

40
CFR
268.4(
a)
provides
that
wastes
which
are
otherwise
prohibited
from
land
disposal
under
Part
268
may
be
treated
in
a
surface
impoundment
or
series
of
impoundments
provided
that
the
owner/
operator
complies
with
section
268.4(
a).
Section
268.4(
a)(
2)(
iv)
requires
that
the
procedures
and
schedule
for
the
following
items
must
be
specified
in
the
facility's
waste
analysis
plan
as
required
under
section
264.13
or
section
265.13:
(
1)
sampling
of
impoundment
contents,
(
2)
the
analysis
of
test
data,
(
3)
the
annual
removal
of
residues
which
are
not
delisted
under
section
260.22
or
which
exhibit
a
characteristic
of
hazardous
waste
and
either
do
not
meet
the
applicable
treatment
standards
of
Part
268,
Subpart
D,
or
where
no
treatment
standards
have
been
established.
Such
residues
are
prohibited
from
land
disposal
under
section
268.32,
RCRA
Section
3004(
d),
or
under
section
268.33(
f).
[
The
section
268.4(
a)(
2)(
iv)
recordkeeping
requirement
and
associated
burden
hours
are
addressed
in
the
"
General
Hazardous
Waste
Facility
Standards,"
EPA
ICR
Number
1571
for
interim­
status
facilities
and
the
"
Part
B
Permit
Application,
Permit
Modifications,
and
Special
Permits,"
EPA
ICR
Number
1573
for
permitted
facilities
and
facilities
seeking
initial
permits.]

(
b)
Application
for
Exemption
(
Section
268.4(
a)(
3)(
ii)
and
(
iii))

Section
268.4(
a)(
3)
requires
that
a
surface
impoundment
must
meet
the
design
requirements
of
section
264.221
(
c)
or
section
265.221
(
a),
regardless
of
whether
the
unit
is
new,
expanded,
or
a
replacement,
and
be
in
compliance
with
applicable
ground­
water
monitoring
requirements
of
Subpart
F
of
40
CFR
Part
264
or
265,
unless
the
owner/
operator
makes
a
demonstration
in
accordance
with
section
268.4(
a)(
3)(
i)­(
iii).
18
(
i)
Data
Item:

°
A
demonstration
showing
that
either:

­
Under
section
268.4(
a)(
3)(
i),
the
unit
is
exempted
pursuant
to
section
264.221
(
d)
or
(
e),
or
to
section
265.221
(
c)
or
(
d).
[
Development
and
delivery
of
the
demonstration
referenced
in
section
268.4(
a)(
3)(
i)
and
associated
burden
hours
are
contained
in
the
"
Part
B
Permit
Application,
Permit
Modifications,
and
Special
Permits,"
EPA
ICR
Number
1573,
for
facilities
seeking
a
permit
or
permit
renewal
and
in
"
Hazardous
Waste
Specific
Unit
Requirements,"
EPA
ICR
Number
1572,
for
interim­
status
facilities.]

or
­
Under
section
268.4(
a)(
3)(
ii),
the
unit
meets
the
following
criteria:
­­
Has
at
least
one
liner,
for
which
there
is
no
evidence
that
such
liner
is
leaking;
­­
Is
located
more
than
one­
quarter
mile
from
an
underground
source
of
drinking
water;
and
­­
Is
in
compliance
with
generally
applicable
ground­
water
monitoring
requirements
for
facilities
with
permits.

or
 
Under
section
268.4(
a)(
3)(
iii),
the
unit
is
located,
designed,
and
operated
so
as
to
assure
that
there
will
be
no
migration
of
any
hazardous
constituent
into
ground
water
or
surface
water
at
any
future
time.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.4(
a)(
3)(
ii)
or
(
iii),
the
owner/
operator
must:

°
Develop
and
submit
the
application
to
EPA
or
the
authorized
State;
and
°
Maintain
on­
site
files
of
the
application.

(
c)
Certification
(
Section
268.4(
a)(
4))

Section
268.4(
a)(
4)
requires
that
the
owner/
operator
submit
a
written
certification
that
the
requirements
of
section
268.4(
a)(
3)
have
been
met.
The
certification
must
include
the
statement
described
in
section
268.4(
a)(
4).
19
(
i)
Data
Item:

°
Under
section
268.4(
a)(
4),
a
written
certification
that
the
requirements
of
section
268.4(
a)(
3)
have
been
met.
The
certification
must
include
the
statement
included
in
section
268.4(
a)(
4).

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.4(
a)(
4),
the
owner/
operator
must:

°
Complete
and
submit
to
EPA
or
the
authorized
State,
a
written
certification
that
the
requirements
of
section
268.4(
a)(
3)
have
been
met.

(
2)
Procedures
for
Case­
by­
Case
Extension
(
Section
268.5)

(
a)
Application
for
Extension
(
Section
268.5(
a)­(
c))

40
CFR
268.5(
a)­(
c)
provides
that
any
person
who
generates,
treats,
stores,
or
disposes
of
a
hazardous
waste
may
submit
an
application
to
EPA
for
an
extension
to
the
effective
date
of
any
applicable
restriction
established
under
Subpart
C
of
Part
268.
An
authorized
representative
signing
an
application
described
under
section
268.5(
a)
must
make
the
certification
as
written
in
section
268.5(
b).
After
receiving
an
application
for
an
extension,
EPA
may
request
any
additional
information
which
it
deems
necessary
to
evaluate
the
application.

(
i)
Data
Items:

°
Under
section
268.5(
a)­(
b),
a
signed,
certified
application
for
an
extension
to
the
effective
date
of
any
applicable
restriction
established
under
Subpart
C
of
Part
268.
The
application
must
demonstrate
the
following:

 
A
good
faith
effort
to
locate
and
contact
with
treatment,
recovery,
or
disposal
facilities
nationwide
to
manage
waste
in
accordance
with
the
effective
date
of
the
applicable
restriction
established
under
Subpart
C
of
Part
268;
 
Binding
contractual
commitment
to
construct
or
otherwise
provide
alternative
treatment,
recovery,
or
disposal
capacity;
 
Demonstration
that,
due
to
circumstances
beyond
the
applicant's
control,
such
alternative
capacity
cannot
reasonably
be
made
available
by
the
applicable
effective
date;
 
The
capacity
being
constructed
or
otherwise
provided
by
the
applicant
will
be
sufficient
to
manage
the
entire
quantity
of
waste
that
is
the
subject
of
the
application;
20
 
A
detailed
schedule
for
obtaining
required
operating
and
construction
permits
or
an
outline
of
how
and
when
alternative
capacity
will
be
available;
 
Arrangements
for
adequate
capacity
to
manage
waste
during
an
extension
and
documentation
as
to
the
location
of
all
sites
at
which
the
waste
will
be
managed;
and
 
Demonstration
that
any
waste
managed
in
a
surface
impoundment
or
landfill
during
the
extension
period
will
meet
the
requirements
of
section
268.5(
h)(
2).

°
Under
section
268.5(
c),
any
additional
information
which
EPA
deems
as
necessary
to
evaluate
the
application.

(
ii)
Respondent
Activities:

In
applying
for
an
extension
to
the
effective
date
of
any
applicable
restriction
established
under
Subpart
C
of
Part
268,
the
applicant
must
undertake
the
following
activities
in
compliance
with
section
268.5(
a)­(
c):

°
Complete
and
submit
a
signed,
certified
application
for
an
extension
to
the
effective
date
of
any
applicable
restriction
established
under
Subpart
C
of
Part
268;
and
°
Develop
and
submit
any
additional
information
as
requested
by
EPA
which
it
deems
as
necessary
to
evaluate
the
application.

(
b)
Renewal
of
Extension
(
Section
268.5(
e))

Section
268.5(
e)
also
provides
that
the
owner/
operator
may
request
an
extension
of
up
to
one
additional
year,
if
the
demonstration
required
in
section
268.5(
a)
can
be
made.
In
no
event
will
an
extension
extend
beyond
24
months
from
the
applicable
effective
date
specified
in
Subpart
C
of
Part
268.

(
i)
Data
Item:

°
Under
section
268.5(
e),
a
request
for
renewal
of
the
extension
for
up
to
one
additional
year
if
the
demonstration
required
in
section
268.5(
a)
can
still
be
made.
21
(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.5(
e),
the
owner/
operator
must:

°
Develop
and
submit
to
EPA
a
request
for
renewal
of
the
extension
for
up
to
one
additional
year
if
the
demonstration
required
in
section
268.5(
a)
can
still
be
made.

(
c)
Notifications
and
Progress
Reports
(
Section
268.5(
f)­(
g))

Section
268.5(
f)­(
g)
requires
that
any
person
granted
an
extension
under
section
268.5
must
immediately
notify
EPA
as
soon
as
he
or
she
has
knowledge
of
any
change
in
the
conditions
certified
to
in
the
application.
Any
person
granted
an
extension
under
the
section
must
submit
written
progress
reports
at
intervals
designated
by
EPA.

(
i)
Data
Items:

°
Under
section
268.5(
f),
immediate
notification
to
EPA
of
any
change
in
the
conditions
certified
to
in
the
application.

°
Under
section
268.5(
g),
written
progress
reports
describing:
 
Overall
progress
made
toward
constructing
or
otherwise
providing
alternative
treatment,
recovery,
or
disposal
capacity;
 
Identification
of
any
event
which
may
cause
or
has
caused
a
delay
in
development
of
the
capacity;
and
 
Summary
of
the
steps
taken
to
mitigate
the
delay.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.5(
f)­(
g),
any
person
granted
an
extension
under
section
268.5
must:

°
Immediately
notify
EPA
of
any
change
in
the
conditions
certified
to
in
the
application;
and
°
Provide
written
progress
reports
to
EPA
at
intervals
designated
by
EPA.
22
(
3)
Waste
Analysis
and
Recordkeeping
(
Sections
268.7
and
268.9)

(
a)
Generator
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
a))

(
a1)
Generator
Waste
Analysis
(
Section
268.7(
a)(
1))

Under
40
CFR
268.7(
a)(
1),
a
generator
of
hazardous
waste
must
determine
if
the
waste
has
to
be
treated
before
it
can
be
land
disposed.
This
is
done
by
determining
if
the
hazardous
waste
meets
the
treatment
standards
in
section
268.40,
section
268.45,
or
section
268.49.
This
determination
can
be
made
in
either
of
two
ways:
testing
the
waste
or
using
knowledge
of
the
waste.
Note
that
some
hazardous
wastes
must
be
treated
by
particular
treatment
methods
before
they
can
be
land
disposed
and
some
soils
are
contaminated
by
such
hazardous
wastes.
These
treatment
standards
are
also
found
in
section
268.40,
and
are
described
in
detail
in
section
268.42,
Table
1.
These
wastes,
and
solids
contaminated
with
such
wastes,
do
not
need
to
be
tested
(
however,
if
they
are
in
a
waste
mixture,
other
wastes
with
concentration
level
treatment
standards
would
have
to
be
tested).
If
a
generator
determines
he
or
she
is
managing
a
waste
or
soil
contaminated
with
a
waste,
that
displays
a
hazardous
characteristic
of
ignitability,
corrosivity,
reactivity,
or
toxicity,
he
or
she
must
comply
with
the
special
requirements
of
section
268.9
in
addition
to
any
applicable
requirements
in
this
section.

(
i)
Data
Items:

°
Testing
results
or
data
used
to
support
process
knowledge
determination.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
a)(
1),
generators
must:

°
Test
the
waste;
or
°
Use
process
knowledge.

(
a2)
Generator
Notification
and
Certification
Requirements
(
Section
268.7(
a)(
2)­(
4))

Section
268.7(
a)(
2)
requires
that,
if
a
generator
determines
that
the
waste
or
contaminated
soil
does
not
meet
the
treatment
standard
(
including
hazardous
debris
that
will
be
treated
to
meet
the
treatment
standards
for
the
contaminating
wastes
in
section
268.40),
with
the
initial
shipment
of
waste
or
soil
the
generator
must
send
a
one­
time
written
notice
to
each
treatment
or
storage
facility
receiving
the
waste,
and
place
a
copy
in
the
file.
For
soil,
the
notice
must
also
include
a
certification.
If
the
waste,
soil
or
TSDF
changes,
the
generator
must
send
a
new
notice
to
the
receiving
facility
and
place
a
copy
in
their
files.
The
notice
must
include
the
information
in
column
268.7(
a)(
2)
of
the
Generator
Paperwork
Requirements
Table
in
section
268.7(
a)(
4).
For
23
contaminated
soil,
an
authorized
representative
must
make
a
certification
as
written
in
section
268.7(
a)(
2)(
i).

Section
268.7(
a)(
3)
requires
that,
if
the
waste
or
contaminated
soil
meets
the
treatment
standard
at
the
original
point
of
generation,
the
generator
must
submit
to
the
TSDF
receiving
the
waste
or
soil
a
one­
time
written
notice
with
the
initial
shipment.
For
waste
only,
the
generator
must
submit
with
the
notice
a
certification
that
the
waste
complies
with
CFR
Part
268,
Subpart
D.
If
the
waste
changes,
the
generator
must
send
a
new
notice
and
certification
to
the
receiving
facility
and
place
a
copy
in
their
files.
The
notice
must
include
the
information
in
column
268.7(
a)(
3)
of
the
Generator
Paperwork
Requirements
Table
in
section
268.7(
a)(
4).

Section
268.7(
a)(
4)
requires
that,
if
a
generator's
waste
or
contaminated
soil
can
be
land
disposed
without
meeting
the
treatment
standards
(
e.
g.,
under
a
case­
by­
case
extension
under
section
268.5,
an
exemption
under
section
268.6,
or
a
nationwide
capacity
variance
under
40
CFR
Part
268,
Subpart
C),
the
generator
must
send
to
the
land
disposal
facility
a
one­
time
notice
with
the
initial
shipment.
If
the
waste
or
soil
changes,
the
generator
must
send
a
new
notice
to
the
receiving
facility,
and
place
a
copy
in
the
files.
The
notice
must
include
the
information
in
column
268.7(
a)(
4)
of
the
Generator
Paperwork
Requirements
Table
in
section
268.7(
a)(
4).

(
i)
Data
Items:

°
For
waste
and
contaminated
soil
that
does
not
meet
the
applicable
treatment
standards
set
forth
in
Subpart
D
of
Part
268,
a
one­
time
notification.
The
notice
must
include
the
information
in
column
268.7(
a)(
2)
of
the
Generator
Paperwork
Requirements
Table
in
section
268.7(
a)(
4).
A
signed
certification
must
also
be
included
for
contaminated
soil.

°
For
waste
and
contaminated
soil
that
can
be
land
disposed
without
further
treatment,
a
one­
time
notification
and
a
certification
stating
that
the
waste
meets
the
applicable
treatment
standards
set
forth
in
Subpart
D
of
Part
268.
The
notice
must
include
the
information
in
column
268.7(
a)(
3)
of
the
Generator
Paperwork
Requirements
Table
in
section
268.7(
a)(
4).

°
For
waste
or
contaminated
soil
that
is
exempt
from
a
prohibition
on
the
type
of
land
disposal
method
utilized
for
the
waste
(
such
as,
but
not
limited
to,
a
case­
bycase
extension
under
section
268.5,
an
exemption
under
section
268.6,
or
a
nationwide
capacity
variance
under
Subpart
C),
a
one­
time
notice.
The
notice
must
include
the
information
in
column
268.7(
a)(
4)
of
the
Generator
Paperwork
Requirements
Table
in
section
268.7(
a)(
4).
24
(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
a)(
2)­(
4),
the
generators
must:

°
For
waste
or
contaminated
soil
that
does
not
meet
the
applicable
treatment
standards
set
forth
in
Subpart
D
of
Part
268,
complete
and
transmit
a
one­
time
written
notification
(
and
also
a
certification
for
contaminated
soil
only)
to
the
treatment
or
storage
facility
with
the
first
shipment
and
when
the
waste
soil,
or
receiving
facility
changes;

°
For
waste
or
contaminated
soil
that
can
be
land
disposed
without
further
treatment,
complete
and
transmit
a
one­
time
notice
(
and
also
a
certification
for
waste)
to
the
disposal
facility
with
the
first
shipment
and
when
the
waste,
soil
or
receiving
facility
changes;
or
°
For
waste
or
contaminated
soil
that
is
exempt
from
a
prohibition
on
the
type
of
land
disposal
method
utilized
for
the
waste
(
such
as,
but
not
limited
to,
a
case­
bycase
extension
under
section
268.5,
an
exemption
under
section
268.6,
or
a
nationwide
capacity
variance
under
Subpart
C),
complete
and
transmit
to
the
disposal
facility
a
one­
time
notice.

(
a3)
Generator
Waste
Analysis
Plan
(
Section
268.7(
a)(
5))

Under
section
268.7(
a)(
5),
if
a
generator
is
managing
and
treating
a
prohibited
waste
or
contaminated
soil
in
tanks,
containers,
or
containment
buildings
regulated
under
40
CFR
262.34
to
meet
applicable
treatment
standards
under
Subpart
D
of
Part
268,
the
generator
must
develop
and
follow
a
written
waste
analysis
plan
which
describes
the
procedures
the
generator
will
must
comply
with
the
treatment
standards.
However,
generators
treating
hazardous
debris
under
the
alternative
treatment
standards
of
40
CFR
268.45,
Table
1
are
not
subject
to
the
waste
analysis
standards.
EPA
requires
that
the
waste
analysis
plan
be
kept
on
site
in
the
generator's
records.
Wastes
shipped
off
site
pursuant
to
section
268.7(
a)(
5)
must
comply
with
the
notification
and
certification
requirements
of
section
268.7(
a)(
3).

(
i)
Data
Items:

°
Under
section
268.7(
a)(
5),
a
waste
analysis
plan
which
describes
the
procedures
the
generator
will
carry
out
to
comply
with
the
treatment
standards.
The
waste
analysis
plan
must
be
based
on
a
detailed
chemical
and
physical
analysis
of
a
representative
sample
of
the
prohibited
waste(
s)
being
treated,
and
contain
all
information
necessary
to
treat
the
waste(
s)
in
accordance
with
the
requirements
of
Part
268,
including
the
selected
testing
frequency.
25
°
Under
section
268.7(
a)(
5)(
iii),
notifications
and
certifications
for
wastes
shipped
off
site.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
a)(
5),
generators
must:

°
Develop
and
follow
waste
analysis
plan;

°
Maintain
the
waste
analysis
plan
on
site;
and
°
Complete
and
transmit
to
the
receiving
facility
a
one­
time
notification
and
certification.

(
a4)
Generator
Recordkeeping
Requirements
(
Section
268.7(
a)(
6)­(
8))

Section
268.7(
a)(
6)
requires
that,
if
a
generator
determines
whether
the
waste
or
contaminated
soil
is
restricted
based
solely
on
the
generator's
knowledge
of
the
waste,
all
supporting
data
used
to
make
this
determination
must
be
retained
in
on­
site
files.
If
a
generator
determines
whether
the
waste
is
restricted
based
on
testing
the
waste
or
an
extract
developed
using
test
method
1311
in
"
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,"
EPA
publication
SW­
846,
as
referenced
in
section
260.11,
all
waste
analysis
data
must
be
retained
on
site
in
the
generator's
files.

Section
268.7(
a)(
7)
requires
that,
if
a
generator
determines
that
he
or
she
is
managing
a
prohibited
waste
that
is
excluded
from
the
definition
of
hazardous
or
solid
waste
or
exempt
from
Subtitle
C
regulations
under
40
CFR
261.2­
261.6
subsequent
to
the
point
of
generation,
the
generator
must
place
a
one­
time
notice
stating
such
generation,
subsequent
exclusion
from
the
definition
of
hazardous
or
solid
waste
or
exemption
from
Subtitle
C
regulation,
and
the
disposition
of
the
waste,
in
the
facility's
file.

Section
268.7(
a)(
8)
requires
that
generators
retain
on
site
a
copy
of
all
notices,
certifications,
demonstrations,
waste
analysis
data,
and
other
documentation
produced
pursuant
to
section
268.7
for
at
least
three
years
from
the
date
that
the
waste
that
is
the
subject
of
such
documentation
was
last
sent
to
on­
site
or
off­
site
treatment,
storage,
or
disposal.
The
three
year
record
retention
period
is
automatically
extended
during
the
course
of
any
unresolved
enforcement
action
regarding
the
regulated
activity
or
as
requested
by
EPA.

(
i)
Data
Items:

°
For
a
generator
who
determines
whether
the
waste
is
restricted
based
solely
on
knowledge
of
the
waste,
all
supporting
data
used
to
make
this
determination.
26
°
For
a
generator
who
determines
whether
the
waste
is
restricted
based
on
testing,
the
waste
analysis
data.

°
For
a
generator
who
determines
that
he
or
she
is
managing
a
restricted
waste
that
is
excluded
from
the
definition
of
hazardous
or
solid
waste
or
exempt
from
Subtitle
C
regulation
under
40
CFR
261.2
through
261.6
subsequent
to
the
point
of
generation,
a
one­
time
notice
stating
such
generation,
subsequent
exclusion
from
the
definition
of
hazardous
or
solid
waste
or
exemption
from
Subtitle
C
regulation,
and
the
disposition
of
the
waste.

°
Copies
of
all
notices,
certifications,
demonstrations,
and
other
documentation
produced
pursuant
to
section
268.7.

(
ii)
Respondent
Activities:

In
order
to
comply
with
the
section
268.7(
a)(
6)­(
8)
requirements,
a
generator
must:

°
For
a
generator
who
determines
whether
the
waste
or
contaminated
soil
is
restricted
based
solely
on
knowledge
of
the
waste,
keep
records
of
all
supporting
data
used
to
make
this
determination
in
the
generator's
files;

°
For
a
generator
who
determines
whether
the
waste
or
contaminated
soil
is
restricted
based
on
testing
this
waste
or
an
extract
developed
using
test
method
1311
in
"
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,"
EPA
publication
SW­
846,
keep
records
of
all
waste
or
contaminated
soil
analysis
data
in
the
generator's
files;

°
For
a
generator
who
determines
that
he
or
she
is
managing
a
restricted
waste
that
is
excluded
from
the
definition
of
hazardous
or
solid
waste
or
exempt
from
Subtitle
C
regulation
under
40
CFR
261.2
through
261.6
subsequent
to
the
point
of
generation,
develop
and
place
a
one­
time
notice
stating
such
generation,
subsequent
exclusion
from
the
definition
of
hazardous
or
solid
waste
or
exemption
from
Subtitle
C
regulation,
and
the
disposition
of
the
waste,
in
the
facility's
file;
and
°
Keep
records
of
all
notices,
certifications,
waste
analysis
data,
and
other
documentation
produced
pursuant
to
section
268.7(
a)
for
at
least
three
years
from
the
date
that
the
waste
that
is
the
subject
of
such
documentation
was
last
sent
to
on­
site
or
off­
site
treatment,
storage,
or
disposal.
The
three
year
record
retention
period
is
automatically
extended
during
the
course
of
any
unresolved
enforcement
action
regarding
the
regulated
activity
or
as
requested
by
EPA.
27
(
a5)
Lab
Pack
and
Toll
Agreement
Generator
Requirements
(
Section
268.7(
a)(
9)­(
10))

Section
268.7(
a)(
9)
requires
that,
if
a
generator
is
managing
a
lab
pack
waste
and
wishes
to
use
the
alternative
treatment
standard
under
section
268.42(
c),
with
the
initial
shipment
of
waste,
the
generator
must
submit
a
notice
to
the
treatment
facility
that
provides
the
EPA
Hazardous
Waste
Codes,
manifest
number,
and
a
signed
certification.
The
facility
must
also
keep
a
copy
of
the
notification
in
its
files.
As
long
as
the
contents
of
the
lab
pack
and
the
receiving
facility
do
not
change,
no
further
notification
is
necessary.
If
the
waste
or
receiving
facility
changes,
the
generator
must
submit
a
new
notice
and
certification
to
EPA.
The
generator
must
also
comply
with
the
requirements
of
section
268.7(
a)(
6)­(
7).

Section
268.7(
a)(
10)
requires
that
SQGs
with
tolling
agreements
pursuant
to
40
CFR
262.20(
e)
must
comply
with
the
applicable
notification
and
certification
requirements
of
section
268.7(
a)
for
the
initial
shipment
of
the
waste
subject
to
the
agreement.
Such
generators
must
retain
on
site
a
copy
of
the
notification
and
certification,
together
with
the
tolling
agreement,
for
at
least
three
years
after
termination
or
expiration
of
the
agreement.
The
three­
year
record
retention
period
is
automatically
extended
during
the
course
of
any
unresolved
enforcement
action
regarding
the
regulated
activity
or
as
requested
by
EPA.

(
i)
Data
Items:

°
For
a
generator
who
is
managing
a
lab
pack
waste
and
who
wishes
to
use
the
alternate
treatment
standards
under
section
268.42,
a
signed
notification
and
certification;
and
°
For
a
SQGs
with
a
tolling
agreement
pursuant
to
40
CFR
262.20(
e),
a
copy
of
the
notification
and
certification,
together
with
the
tolling
agreement.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
a)(
9)­(
10),
the
generator
must:

°
For
a
generator
who
is
managing
a
lab
pack
waste
and
who
wishes
to
use
the
alternate
treatment
standards
under
section
268.42,
submit
a
signed
notification
and
certification
to
the
treatment
facility
with
the
first
shipment
or
when
the
waste
or
receiving
facility
changes;
and
°
For
a
SQG
with
a
tolling
agreement
pursuant
to
40
CFR
262.20(
e),
transmit
and
retain
on
site
a
copy
of
the
notification
and
certification,
together
with
the
tolling
agreement,
for
at
least
three
years
after
termination
or
expiration
of
the
agreement.
28
(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
b))

(
b1)
Treatment
Facility
Waste
Analysis
(
Section
268.7(
b)(
1)­(
2))

Section
268.7(
b)(
1)­(
2)
requires
that
treatment
facilities
test
their
wastes
and
contaminated
soils
according
to
the
frequency
specified
in
their
waste
analysis
plans
(
as
required
by
section
264.13
or
section
265.13).
Such
testing
must
be
done
to
assure
that
the
wastes
and
contaminated
soils
meet
the
applicable
treatment
standards.
[
These
testing
requirements
are
addressed
in
the
"
General
Hazardous
Waste
Facility
Standards,"
EPA
ICR
Number
1571,
for
permitted
and
interim­
status
facilities.]

(
b2)
Treatment
Facility
Notifications
and
Certifications
(
Section
268.7(
b)(
3)­(
6))

Section
268.7(
b)(
3)
requires
that
a
one­
time
notification
be
sent
with
the
initial
waste
shipment
to
the
land
disposal
facility,
except
for
shipments
of
debris
excluded
from
the
definition
of
hazardous
waste
under
40
CFR
Part
261.3(
e),
which
must
only
comply
with
section
268.7(
d).
The
notification
should
include
the
information
described
in
the
Treatment
Facility
Paperwork
Requirements
Table
in
section
268.7(
b)(
3)(
ii).

Section
268.7(
b)(
4)
requires
the
treatment
facility
to
submit
a
one­
time
signed
certification
with
the
initial
shipment
of
waste
or
treatment
residue
of
restricted
waste
to
the
land
disposal
facility
stating
that
the
waste
or
treatment
residue
has
been
treated
in
compliance
with
the
applicable
treatment
standards
specified
in
Subpart
D
of
Part
268.
If
the
waste
or
treatment
residue
changes
or
the
receiving
facility
changes,
the
treater
must
send
a
new
notice
and
certification
to
the
receiving
facility.
A
copy
of
all
notifications
and
certifications
must
be
placed
in
the
facility
files.

Section
268.7(
b)(
5)
requires
that,
if
the
waste
or
treatment
residue
will
be
further
managed
at
a
different
TSDF,
the
facility
sending
the
waste
or
treatment
residue
off
site
must
comply
with
the
notification
and
certification
requirements
applicable
to
generators.

Section
268.7(
b)(
6)
provides
that,
where
the
wastes
are
recyclable
materials
used
in
a
manner
constituting
disposal
subject
to
the
provisions
of
section
266.20(
b)
regarding
treatment
standards
and
prohibition
levels,
the
owner/
operator
of
a
treatment
facility
(
i.
e.,
the
recycler)
is
not
required
to
notify
the
receiving
facility,
pursuant
to
section
268.7(
b)(
3).
With
each
shipment
of
such
wastes,
the
owner/
operator
of
the
recycling
facility
must
submit
a
certification
described
in
section
268.7(
b)(
4),
and
a
notice
which
includes
the
information
listed
in
section
268.7(
b)(
3)
(
except
the
manifest
number)
to
EPA,
or
its
delegated
representative.
The
recycling
facility
also
must
keep
records
of
the
name
and
location
of
each
entity
receiving
the
hazardous
waste­
derived
product.
29
(
i)
Data
Items:

°
Under
section
268.7(
b)(
3)
and
(
6),
a
notice
which
includes
the
information
listed
in
the
Treatment
Facility
Paperwork
Requirements
Table
in
section
268.7(
b)(
3)(
ii).
(
Where
the
wastes
are
recyclable
materials
used
in
a
manner
constituting
disposal
subject
to
the
provisions
of
section
266.20(
b)
regarding
treatment
standards
and
prohibition
levels,
the
notice
must
include
the
information
listed
in
the
Treatment
Facility
Paperwork
Requirements
Table
in
section
268.7(
b),
except
for
the
manifest
number.);

°
Under
section
268.7(
b)(
4),
a
signed
certification
stating
that
the
waste
or
treatment
residue
has
been
treated
in
compliance
with
the
applicable
treatment
standards
specified
in
Subpart
D
of
Part
268.
The
certification
must
be
worded
as
described
in
section
268.7(
b)(
4);

°
Under
section
268.7(
b)(
5),
notifications
and
certifications
for
generated
waste;

°
Under
section
268.7(
b)(
6),
for
wastes
that
are
recyclable
materials,
a
signed
certification
that
must
be
worded
as
described
in
section
268.7(
b)(
4),
and
a
notice
with
the
information
listed
in
section
268.7(
b)(
3)
(
except
manifest
number)
to
EPA
or
the
authorized
State;
and
°
Under
section
268.7(
b)(
6),
records
of
the
name
and
location
of
each
entity
receiving
the
hazardous
waste­
derived
product.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
b)(
3)­(
6),
the
treatment
or
recycling
facility
must:

°
Complete,
submit,
and
keep
a
copy
of
the
notice
and
certification
sent
with
the
initial
shipment
to
the
land
disposal
facility.
If
the
waste
or
treatment
residue
changes
or
the
receiving
facility
changes,
the
treater
must
send
a
new
notice
and
certification
to
the
receiving
facility;

°
Comply
with
the
notification
and
certification
requirements
applicable
to
generators;

°
For
recyclable
materials,
complete
and
submit
a
notice
and
certification
to
EPA
or
the
authorized
State
with
each
shipment;
and
°
For
recycling
facilities,
keep
records
of
the
name
and
location
of
each
entity
receiving
the
hazardous
waste­
derived
products.
30
(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
c))

(
c1)
Land
Disposal
Facility
Recordkeeping
(
Section
268.7(
c)(
1))

Section
268.7(
c)(
1)
provides
that,
except
where
the
owner/
operator
is
disposing
of
any
waste
that
is
a
recyclable
material
used
in
a
manner
constituting
disposal
pursuant
to
40
CFR
266.20(
b),
the
owner/
operator
of
any
land
disposal
facility
disposing
any
waste
subject
to
restrictions
under
Part
268
must
have
copies
of
the
notice
and
certification
specified
in
section
268.7(
a)
or
(
b).

(
i)
Data
Item:

°
Under
section
268.7(
c)(
1),
copies
of
all
notices
and
certifications
specified
in
section
268.7(
a)
or
(
b).

(
ii)
Respondent
Activity:

In
order
to
comply
with
section
268.7(
c)(
1),
the
owner/
operator
must:

°
Keep
copies
of
all
notices
and
certifications
specified
in
section
268.7(
a)
or
(
b).

(
c2)
Land
Disposal
Facility
Waste
Analysis
(
Section
268.7(
c)(
2))

Section
268.7(
c)(
2)
requires
that,
except
for
an
owner/
operator
who
is
disposing
of
any
waste
that
is
a
recyclable
material
used
in
a
manner
constituting
disposal
pursuant
to
40
CFR
266.20(
b),
the
owner/
operator
of
any
land
disposal
facility
disposing
any
waste
subject
to
restrictions
under
Part
268
must
test
the
waste,
or
an
extract
of
the
waste
or
treatment
residue,
using
the
test
method
described
in
"
Test
Methods
for
Evaluating
Solid
Waste,
Physical/
Chemical
Methods,"
EPA
Publication
SW­
846
as
incorporated
by
reference
in
section
260.11.
Such
testing
must
be
performed
according
to
the
frequency
specified
in
the
facility's
waste
analysis
plan
as
required
by
section
264.13
or
section
265.13.
[
The
section
268.7(
c)(
2)
requirement
is
burdened
in
the
"
General
Hazardous
Waste
Facility
Standards,"
EPA
ICR
Number
1571,
for
permitted
and
interim­
status
facilities."]

(
d)
Hazardous
Debris
Requirements
(
Section
268.7(
d))

Pursuant
to
section
268.7(
d),
generators
or
treaters
who
first
claim
that
hazardous
debris
is
excluded
from
the
definition
of
hazardous
waste
under
section
261.3(
f)
(
i.
e.,
debris
treated
by
an
extraction
or
destruction
technology
provided
by
Table
1,
section
268.45,
and
debris
that
EPA
has
determined
does
not
contain
hazardous
waste)
must
submit
a
one­
time
notification
to
EPA
or
the
authorized
State.
The
notification
must
be
updated
if
the
debris
is
shipped
to
a
different
facility,
and,
for
debris
excluded
under
section
261.3(
f)(
1),
if
a
different
type
of
debris
is
treated
or
if
a
different
technology
is
used
to
treat
the
debris.
For
debris
excluded
under
section
31
261.3(
f)(
1),
the
owner/
operator
of
the
treatment
facility
must
document
and
certify
compliance
with
the
treatment
standards
of
Table
1,
section
268.45.

(
i)
Data
Items:

°
Under
section
268.7(
d),
a
one­
time
notification,
including:
 
The
name
and
address
of
the
Subtitle
D
facility
receiving
the
treated
debris;
 
A
description
of
the
hazardous
debris
as
initially
generated,
including
the
EPA
Hazardous
Waste
Number(
s);
and
 
For
debris
excluded
under
section
261.3(
f)(
1),
the
technology
from
Table
1,
section
268.45
used
to
treat
the
debris.

°
For
debris
excluded
under
section
261.3(
f)(
1),
a
certification
of
compliance
with
the
treatment
standards
of
Table
1,
section
268.45,
including:
 
Records
of
all
inspections,
evaluations,
and
analyses
of
treated
debris
made
to
determine
compliance;
 
Records
of
data
or
information
the
treater
obtains
during
treatment
of
the
debris
that
identifies
key
operating
parameters
of
the
treatment
unit;
and
 
For
each
shipment
of
treated
debris,
a
certification
of
compliance
with
the
treatment
standards,
signed
by
an
authorized
representative.
The
certification
must
state
the
following:
"
I
certify
under
penalty
of
law
that
the
debris
has
been
treated
in
accordance
with
the
requirements
of
40
CFR
268.45.
I
am
aware
that
there
are
significant
penalties
for
making
a
false
certification,
including
the
possibility
of
fine
and
imprisonment."

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
d),
the
owner/
operator
must:

°
Prepare
and
submit
to
EPA
or
authorized
State
a
one­
time
notification;

°
Update
the
notification
if
the
debris
is
shipped
to
a
different
facility,
and,
for
debris
excluded
under
section
261.3(
f)(
1),
if
a
different
type
of
debris
is
treated
or
if
a
different
technology
is
used
to
treat
the
debris;
and
°
For
debris
excluded
under
section
261.3(
f)(
1),
document
and
certify
compliance
with
the
treatment
standards
of
Table
1,
section
268.45,
as
follows:

­
Keep
records
of
all
inspections,
evaluations,
and
analyses
of
treated
debris
that
are
made
to
determine
compliance
with
the
treatment
standards;

­
Keep
records
of
data
or
information
obtained
during
treatment,
if
debris
is
excluded
under
section
261.3(
e)(
1);
and
32
­
Keep
a
certification
of
compliance
for
each
shipment
of
treated
debris,
if
debris
is
excluded
under
section
261.3(
e)(
1).

(
e)
Contaminated
Soil
Requirements
(
Section
268.7(
e))

Pursuant
to
section
268.7(
e),
generators
and
treaters
who
first
receive
from
EPA
or
an
authorized
State
a
determination
that
a
given
contaminated
soil
subject
to
LDRs
as
provided
in
section
268.49(
a)
no
longer
contains
a
listed
hazardous
waste
and
generators
and
treaters
who
first
determine
that
a
contaminated
soil
subject
to
LDRs
as
provided
in
section
268.49(
a)
no
longer
exhibits
a
characteristic
of
hazardous
waste
must
prepare
and
maintain
for
three
years
onetime
only
documentation
of
these
determinations.

(
i)
Data
Items:

°
One­
time
only
documentation
of
the
determinations.

°
All
supporting
documentation
for
this
determination.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.7(
e),
the
owner/
operator
must:

°
Prepare
a
one­
time
only
documentation
of
the
determinations
including
all
supporting
information;
and
°
Maintain
that
information
in
the
facility
files
and
other
records
for
a
minimum
of
three
years.

(
f)
Special
Rules
for
Characteristic
Wastes
(
Section
268.9(
d))

Pursuant
to
section
268.9(
d),
wastes
that
exhibit
a
characteristic
are
also
subject
to
section
268.7
requirements,
except
that
once
the
waste
is
no
longer
hazardous,
a
one­
time
notification
and
certification
must
be
placed
in
the
generator's
or
treater's
files
and
sent
to
EPA
or
the
authorized
State.
The
notification
and
certification
that
is
placed
in
the
generator's
or
treater's
files
must
be
updated
if
the
process
or
operation
generating
the
waste
changes
and/
or
if
the
Subtitle
D
facility
receiving
the
waste
changes.
The
generator
or
treater
must
notify
EPA
or
the
authorized
State
of
any
changes
on
an
annual
basis
only,
but
no
later
than
December
31.
If
treatment
removes
the
characteristic
but
does
not
treat
underlying
hazardous
constituents,
then
the
certification
found
in
section
268.7(
b)(
5)(
iv)
applies.
33
(
i)
Data
Item:

°
A
notification
that
includes
the
following
information:
 
Name
and
address
of
the
RCRA
Subtitle
D
facility
receiving
the
waste
shipment;
and
 
A
description
of
the
waste
as
initially
generated,
including
the
applicable
EPA
Hazardous
Waste
Code(
s),
treatability
group(
s),
and
underlying
hazardous
constituents
(
as
defined
in
section
268.2(
i)),
unless
the
waste
will
be
treated
and
monitored
for
all
underlying
hazardous
constituents.
If
all
underlying
constituents
will
be
treated
and
monitored
there
is
no
requirement
to
list
any
of
the
constituents
on
the
notice.

°
A
signed
certification
that
states
the
language
found
in
section
268.5(
b)(
5).

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.9(
d),
the
owner/
operator
must:

°
Prepare
and
submit
to
EPA
a
one­
time
notification
and
certification;

°
Maintain
files
of
notification
and
certification
in
facility
files;

°
Update
and
submit
to
EPA
the
notification
and
certification
annually,
if
any
changes
occur;
and
°
Maintain
updated
certification
and
notification.

(
4)
Demonstration
for
Alternative
Treatment
Technology
(
Section
268.42)

40
CFR
268.42(
b)
provides
that
any
person
may
submit
an
application
to
EPA
demonstrating
that
an
alternative
treatment
method
can
achieve
a
measure
of
performance
equivalent
to
that
achievable
by
methods
specified
in
section
268.42(
a),
(
c),
and
(
d)
or
specified
in
Table
1
of
268.45
for
hazardous
debris.
The
applicant
must
submit
information
demonstrating
that
his
treatment
method
is
in
compliance
with
Federal,
State,
and
local
requirements
and
is
protective
of
human
health
and
the
environment.
On
the
basis
of
such
information,
EPA
may
approve
the
use
of
the
alternative
treatment
method
if
it
finds
that
the
alternative
treatment
method
provides
a
measure
of
performance
equivalent
to
that
achieved
by
methods
specified
in
section
268.42(
a),
(
c),
and
(
d)
or
specified
in
Table
1
of
268.45
for
hazardous
debris.
Any
approval
must
be
stated
in
writing
and
may
contain
such
provisions
and
conditions
as
EPA
deems
appropriate.
The
person
to
whom
such
approval
is
issued
must
comply
with
all
limitations
contained
in
such
a
determination.
34
(
i)
Data
Item:

°
Under
section
268.42(
b),
an
application
demonstrating
that
an
alternative
treatment
method
can
achieve
a
measure
of
performance
equivalent
to
that
achievable
by
methods
specified
in
section
268.42(
a),
(
c),
and
(
d)
or
specified
in
Table
1
of
268.45
for
hazardous
debris.
The
application
should
include
information
demonstrating
that
the
treatment
method
is
in
compliance
with
Federal,
State,
and
local
requirements
and
is
protective
of
human
health
and
the
environment.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.42(
b),
the
applicant
must:

°
Develop
and
submit
to
EPA
an
application
demonstrating
that
an
alternative
treatment
method
can
achieve
a
measure
of
performance
equivalent
to
that
achievable
by
methods
specified
in
section
268.42(
a),
(
c),
and
(
d)
or
specified
in
Table
1
of
268.45
for
hazardous
debris.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
(
Section
268.44)

(
a)
Demonstration
for
a
Variance
(
Section
268.44(
a)­(
d))

40
CFR
268.44(
a)­(
d)
provides
that,
where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or
waste
extract
and
a
waste
cannot
be
treated
to
the
specified
level,
or
where
the
treatment
technology
is
not
appropriate
to
the
waste,
the
generator
or
treatment
facility
may
petition
EPA
for
a
variance
from
the
treatment
standard.
The
petitioner
must
demonstrate
that
because
the
physical
or
chemical
properties
of
the
waste
differ
significantly
from
wastes
analyzed
in
developing
the
treatment
standard,
the
waste
cannot
be
treated
to
specified
levels
or
by
the
specified
methods.
Each
petition
must
be
submitted
in
accordance
with
the
procedures
in
section
260.20.
Each
petition
must
include
the
statement
as
described
in
section
268.44(
c).
The
statement
must
be
signed
by
the
petitioner
or
an
authorized
representative.
After
receiving
the
petition
for
a
variance
from
a
treatment
standard,
EPA
may
request
any
additional
information
or
samples
which
it
may
require
to
evaluate
the
petition.
Additional
copies
of
the
complete
petition
may
be
requested
as
needed
to
send
to
affected
States
and
EPA
Regional
offices.

(
i)
Data
Items:

°
Under
section
268.44(
a)
and
(
c),
a
demonstration
that
because
the
physical
or
chemical
properties
of
the
waste
differ
significantly
from
wastes
analyzed
in
developing
the
treatment
standard,
the
waste
cannot
be
treated
to
specified
levels
or
by
the
specified
methods.
Each
petition
must
include
a
signed
statement
as
described
in
section
268.44(
c).
35
°
Under
section
268.44(
d),
any
additional
information
or
samples
which
EPA
may
require
to
evaluate
the
petition.
Additional
copies
of
the
complete
petition
may
be
requested
as
needed
to
send
to
affected
States
and
EPA
Regional
offices.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.44(
a)­(
d),
the
applicant
must:

°
Develop
and
submit
to
EPA
a
demonstration
and
any
additional
information
or
samples
as
requested
by
EPA.

(
b)
Demonstration
for
a
Site­
Specific
Variance
(
Section
268.44(
h)­(
m))

Section
268.44(
h)­(
m)
provides
that,
where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or
waste
extract
and
a
waste
generated
under
conditions
specific
to
only
one
site
cannot
be
treated
to
the
specified
level,
or
where
the
treatment
technology
is
not
appropriate
to
the
waste,
the
generator
or
treatment
facility
may
apply
to
EPA,
or
its
delegated
representative,
for
a
site­
specific
variance
from
the
treatment
standard.
The
applicant
for
a
sitespecific
variance
must
demonstrate
that
because
the
physical
or
chemical
properties
of
the
waste
differ
significantly
from
the
waste
analyzed
in
developing
the
treatment
standard,
the
waste
cannot
be
treated
to
specified
levels
by
the
specified
method.
Each
application
for
a
site­
specific
variance
from
a
treatment
standard
must
include
the
information
in
section
260.20(
b)(
1)­(
4).
After
receiving
an
application
for
a
site­
specific
variance
from
a
treatment
standard,
EPA,
or
its
delegated
representative,
may
request
any
additional
information
or
samples
which
may
be
required
to
evaluate
the
application.

(
i)
Data
Items:

°
Under
section
268.44(
h),
a
demonstration
that
because
the
physical
or
chemical
properties
of
the
waste
differ
significantly
from
the
waste
analyzed
in
developing
the
treatment
standard,
the
waste
cannot
be
treated
to
specified
levels
or
by
the
specified
method.
Each
application
for
a
site­
specific
variance
from
a
treatment
standard
must
include
the
information
in
section
260.20(
b)(
1)­(
4).

°
Under
section
268.44(
j),
any
additional
information
or
samples
which
may
be
required
to
evaluate
the
application.
36
(
ii)
Respondent
Activity:

In
order
to
comply
with
section
268.44(
h)­(
m),
the
applicant
must:

°
Develop
and
submit
to
EPA
a
demonstration
and
any
other
information
requested
by
EPA.

(
6)
Recordkeeping
for
Storage
Prohibition
(
Section
268.50)

40
CFR
268.50(
a)
prohibits
the
storage
of
hazardous
wastes
restricted
from
land
disposal
under
Subpart
C
of
Part
268,
unless
the
conditions
of
section
268.50(
a)
are
met.
Section
268.50(
a)(
2)
allows
an
owner/
operator
of
a
hazardous
waste
treatment,
storage,
or
disposal
facility
to
store
such
wastes
in
tanks,
containers,
and
containment
buildings
if
(
1)
the
waste
is
stored
solely
for
the
purpose
of
the
accumulation
of
such
quantities
of
hazardous
waste
as
necessary
to
facilitate
proper
recovery,
treatment,
or
disposal;
(
2)
each
container
is
clearly
marked
to
identify
its
contents
and
the
date
each
period
of
accumulation
begins;
and
(
3)
each
tank
is
clearly
marked
with
a
description
of
its
contents,
the
quantity
of
each
hazardous
waste
received,
and
the
date
each
period
of
accumulation
begins;
or
such
information
for
each
tank
is
recorded
and
maintained
in
the
operating
record
at
that
facility.
[
Note
that
the
operating
record
requirements
are
covered
in
the
"
General
Hazardous
Waste
Facility
Standards,"
EPA
ICR
Number
1571,
for
permitted
and
interim­
status
facilities.]

(
i)
Data
Items:

°
Under
section
268.50(
a)(
2),
records
of
the
contents,
the
quantity
of
each
hazardous
waste
received
(
for
tanks),
and
the
date
that
accumulation
begins.

(
ii)
Respondent
Activities:

In
order
to
comply
with
section
268.50(
a)(
2),
the
owner/
operator
must:

°
For
each
tank,
container,
or
containment
building,
develop
and
keep
records
of
the
unit
contents,
and
the
date
that
accumulation
begins;
for
each
tank,
owners
and
operators
must
also
keep
records
of
the
quantity
of
each
hazardous
waste
received.
37
5.
THE
INFORMATION
COLLECTED
 
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
AGENCY
ACTIVITIES
(
1)
Treatment
Surface
Impoundment
Exemption
(
Section
268.4)

Under
section
268.4(
a)(
3)­(
4),
the
Agency
will:

°
Review
the
demonstration
or
request
for
modification
and
approve/
deny
the
exemption;

°
Review
written
certification;
and
°
Keep
records
of
the
demonstration
and
written
certification.

(
2)
Procedures
for
Case­
by­
Case
Extension
(
Section
268.5)

(
a)
Application
for
Extension
(
Section
268.5(
a)­(
c))

Under
section
268.5(
a)­(
c),
the
Agency
will:

°
Review
and
keep
records
of
the
certified
application
for
an
extension
to
the
effective
date
of
any
applicable
restriction
established
under
Subpart
C
of
Part
268;

°
Request,
review,
and
keep
records
of
any
additional
information
which
it
deems
as
necessary
to
evaluate
the
application;

°
Provide
notice
and
opportunity
for
comment;

°
Consult
with
appropriate
State
agencies
in
all
affected
States;
and
°
Approve
or
deny
extension
and
publish
the
decision
in
the
Federal
Register.

(
b)
Renewal
of
Extension
(
Section
268.5(
e))

Under
section
268.5(
e),
the
Agency
will:

°
Receive,
review,
and
keep
records
of
the
request
for
renewal;

°
Consult
with
appropriate
State
agencies
in
all
affected
States;
and
°
Provide
notice
and
opportunity
for
public
comment;
38
°
Approve
or
deny
renewal
of
extension
and
publish
the
decision
in
the
Federal
Register.

(
c)
Notifications
and
Progress
Reports
(
Section
268.5(
f)­(
g))

Under
section
268.5(
f)­(
g),
the
Agency
will:

°
Receive
and
keep
records
of
notification
of
any
change
in
the
conditions
certified
to
in
the
application;
and
°
Receive,
review,
and
keep
records
of
written
progress
reports.

(
3)
Waste
Analysis
and
Recordkeeping
(
Sections
268.7
and
268.9)

(
a)
Generator
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
a))

Under
section
268.7(
a)(
5)(
ii),
the
Agency
will:

°
Inspect
the
waste
analysis
plan
in
the
facilities'
on­
site
files.

(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
b))

Under
section
268.7(
b)(
6),
the
Agency
will:

°
Receive,
review,
and
keep
records
of
the
certification
and
notice
submitted
from
the
recycling
facility.

(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
c))

There
are
no
Agency
activities
associated
with
the
information
collection
requirements
under
40
CFR
268.7(
c).

(
d)
Hazardous
Debris
Requirements
(
Section
268.7(
d))

Under
section
268.7(
d)(
1)­(
2),
the
Agency
will:

°
Receive,
review,
and
keep
records
of
one­
time
notification
submitted
by
owner/
operator;
and
°
Receive,
review
and
keep
records
of
update
sent
from
owner/
operator.
39
(
e)
Contaminated
Soil
Requirements
(
Section
268.7(
e))

Under
section
268.7(
e),
the
Agency
will:

°
If
necessary,
make
a
determination
if
specified
soil
is
subject
to
the
land
disposal
restrictions
as
provided
in
section
268.49(
a).

(
f)
Special
Rules
for
Characteristic
Wastes
(
Section
268.9(
d))

Under
section
268.9(
d),
the
Agency
will:

°
Receive,
review,
and
keep
records
of
one­
time
notification
submitted
by
owner/
operator;
and
°
Receive,
review
and
keep
records
of
update
sent
annually
from
owner/
operator
if
the
process
or
operation
generating
the
waste
changes
and/
or
if
the
Subtitle
D
facility
receiving
the
waste
changes.

(
4)
Demonstration
for
Alternative
Treatment
Technology
(
Section
268.42)

Under
section
268.42(
b),
the
Agency
will:

°
Receive,
review
and
keep
records
of
the
application
for
approval
of
alternative
treatment
method;

°
Approve
or
deny
the
application;
and
°
For
approved
applications,
develop
a
written
approval
that
may
contain
such
provisions
and
conditions
as
EPA
deems
appropriate.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
(
Section
268.44)

(
a)
Demonstration
for
a
Variance
(
Section
268.44(
a)­(
d))

Under
section
268.44(
a)­(
d),
the
Agency
will:

°
Receive,
review,
and
keep
records
of
the
petition;

°
Request
any
additional
information
or
samples
which
it
may
require
to
evaluate
the
petition;

°
Send
additional
copies
of
the
petition
to
the
States,
if
appropriate;
40
°
Provide
notice
and
provide
an
opportunity
for
public
comment;
and
°
Approve
or
deny
the
petition
and
publish
decision
in
the
Federal
Register.

(
b)
Demonstration
for
a
Site­
Specific
Variance
(
Section
268.44(
h)­(
m))

Under
section
268.44(
h)­(
m),
the
Agency
will:

°
Receive,
review,
and
keep
records
of
the
petition;

°
Request
any
additional
information
or
samples
which
it
may
require
to
evaluate
the
petition;
and
°
Provide
notice
and
provide
an
opportunity
for
public
comment;
and
°
Approve
or
deny
the
petition.

(
6)
Recordkeeping
for
Storage
Prohibition
(
Section
268.50)

There
are
no
Agency
activities
associated
with
the
information
collection
requirements
under
40
CFR
268.50.

5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
In
collecting
and
analyzing
the
information
obtained
from
generators,
treaters,
and
disposers,
EPA
uses
electronic
equipment
such
as
personal
computers
and
applicable
database
software,
where
appropriate.
EPA
ensures
the
accuracy
and
completeness
of
collected
information
by
reviewing
each
submittal.

5(
c)
SMALL
ENTITY
FLEXIBILITY
EPA
expects
that,
in
many
cases,
respondents
of
small
organizations
will
be
able
to
complete
certain
recordkeeping,
reporting,
and
application
requirements
in
less
time
than
large
organizations
because
such
activities
may
not
be
as
burdensome.
For
example,
EPA
expects
that
many
SQGs
(
and
some
large
quantity
generators
(
LQGs))
will
use
process
knowledge,
instead
of
testing,
to
characterize
their
waste
under
the
treatment
standards.
Use
of
process
knowledge
is
generally
less
burdensome
than
testing.
In
addition,
EPA
has
revised
the
requirements
for
transmitting
LDR
notices
and
certifications
to
TSDFs.
Formerly,
generators
and
treaters
were
required
to
transmit
paperwork
with
each
shipment
to
the
receiving
facility.
However,
EPA
has
revised
these
requirements
so
that
generators
and
treaters
must
now
transmit
only
one­
time
paperwork
with
the
initial
shipment
and
update
the
documents
as
specified.
EPA
believes
these
one­
time
requirements
will
greatly
benefit
all
generators
and
treaters.
41
5(
d)
COLLECTION
SCHEDULE
(
1)
Treatment
Surface
Impoundment
Exemption
(
Section
268.4)


There
is
no
collection
schedule
for
the
information
collection
requirements
under
section
268.4(
a)(
3)­(
4).

(
2)
Procedures
for
Case­
by­
Case
Extension
(
Section
268.5)


There
is
no
collection
schedule
for
the
information
collection
requirements
under
section
268.5(
a)­(
d).


Section
268.5(
f)
requires
that
any
person
granted
an
extension
must
immediately
notify
EPA
as
soon
as
he
has
knowledge
of
any
change
in
the
conditions
certified
to
in
the
application
for
a
case­
by­
case
extension.


Section
268.5(
g)
requires
that
any
person
granted
an
extension
must
submit
written
progress
reports
at
intervals
designated
by
EPA.

(
3)
Waste
Analysis
and
Recordkeeping
(
Sections
268.7
and
268.9)

(
a)
Generator
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
a))


Section
268.7(
a)(
2)
requires
that,
with
the
initial
shipment
of
waste
or
contaminated
soil,
generators
must
send
one­
time
notifications
to
the
treatment
or
storage
facility.
A
new
notification
must
be
sent
if
the
waste
or
the
receiving
facility
changes.
[
Note:
this
is
a
third­
party
information
submittal.]


Section
268.7(
a)(
3)­(
4)
requires
that
with
the
initial
shipment
of
waste
or
contaminated
soil,
generators
must
send
one­
time
notifications
and
certifications
to
the
disposal
facility.
A
new
notification
must
be
sent
to
the
receiving
facility
if
the
waste
or
receiving
facility
changes.
[
Note:
this
is
a
third­
party
information
submittal.]


Section
268.7(
a)(
9)
requires
that,
if
a
generator
is
managing
a
lab
pack
waste
and
wishes
to
use
the
alternative
treatment
standard
under
section
268.42(
c),
with
the
initial
shipment
of
waste
the
generator
must
submit
a
notice
and
certification
to
the
treatment
facility.
A
new
notification
and
certification
must
be
sent
if
the
lab
pack
waste
or
the
receiving
facility
changes.
[
Note:
this
is
a
third­
party
information
submittal.]


Section
268.7(
a)(
10)
requires
that
SQGs
with
tolling
agreements
pursuant
to
40
CFR
262.20(
e)
must
comply
with
the
applicable
notification
and
certification
42
requirements
of
section
268.7(
a)
for
the
initial
shipment
of
the
waste
subject
to
the
agreement.
A
new
notification
must
be
sent
if
the
waste
changes
or
the
receiving
facility
changes.
[
Note:
this
is
a
third­
party
information
submittal.]

(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
b))


Section
268.7(
b)(
3)­(
4)
requires
that,
with
the
initial
waste
or
contaminated
soil
shipment,
the
treatment
facility
must
send
a
one­
time
certification
and
notification
to
the
land
disposal
facility.
A
new
notification
and
certification
must
be
sent
if
the
waste
changes
or
the
receiving
facility
changes.
[
Note:
this
is
a
third­
party
information
submittal.]


Section
268.7(
b)(
6)
requires
that
where
the
wastes
are
recyclable
materials
used
in
a
manner
constituting
disposal
subject
to
the
provisions
of
section
268.20(
b)
regarding
treatment
standards
and
prohibition
levels,
with
each
shipment
of
such
wastes,
the
owner/
operator
of
the
recycling
facility
must
submit
a
certification
described
in
section
268.7(
b)(
4),
and
a
notice
which
includes
the
information
listed
in
the
Notification
Requirements
Table
in
section
268.7(
b)(
3)
to
EPA,
or
its
delegated
representative.

(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
(
Section
268.7(
c))


Section
268.7(
c)(
1)
provides
that,
except
where
the
owner/
operator
is
disposing
of
any
waste
that
is
a
recyclable
material
used
in
a
manner
constituting
disposal
pursuant
to
40
CFR
266.20(
b),
the
owner/
operator
of
any
land
disposal
facility
disposing
any
waste
subject
to
restrictions
under
Part
268
must
have
copies
of
the
notice
and
certification
specified
in
section
268.7(
a)
or
(
b).
[
Note:
this
is
a
thirdparty
information
submittal.]

(
d)
Hazardous
Debris
Requirements
(
Section
268.7(
d))


Section
268.7(
d)
requires
that
generators
or
treaters
who
first
claim
that
hazardous
debris
is
excluded
from
the
definition
of
hazardous
waste
under
section
261.3(
f)
(
i.
e.,
debris
treated
by
an
extraction
or
destruction
technology
provided
by
Table
1,
section
268.45,
and
debris
that
the
Regional
Administrator
or
authorized
State
has
determined
does
not
contain
hazardous
waste)
must
submit
a
one­
time
notification
to
EPA
or
the
authorized
State.
The
notification
must
be
updated
if
the
debris
is
shipped
to
a
different
facility,
and,
for
debris
excluded
under
section
261.3(
f)(
1),
if
a
different
type
of
debris
is
treated
or
if
a
different
technology
is
used
to
treat
the
debris.

(
e)
Contaminated
Soil
Requirements
(
Section
268.7(
e))
43

There
is
no
collection
schedule
for
the
information
collection
requirements
of
section
268.7(
e).

(
f)
Special
Rules
for
Characteristic
Wastes
(
Section
268.9(
d))


Section
268.9(
d)
requires
that
wastes
that
exhibit
a
characteristic
are
also
subject
to
section
268.7
requirements,
except
that
once
the
waste
is
no
longer
hazardous,
a
one­
time
notification
and
certification
must
be
placed
in
the
generator's
or
treater's
files
and
sent
to
the
EPA
Region
or
authorized
State.
The
notification
and
certification
that
is
placed
in
the
generator's
or
treater's
files
must
be
updated
if
the
process
or
operation
generating
the
waste
changes
and/
or
if
the
Subtitle
D
facility
receiving
the
waste
changes.
However,
the
generator
or
treater
need
only
notify
the
EPA
Region
or
an
authorized
State
on
an
annual
basis
if
such
changes
occur.
Such
notification
and
certification
should
be
sent
to
EPA
or
the
authorized
State
by
the
end
of
the
calendar
year,
but
no
later
than
December
31.

(
4)
Demonstration
for
Alternative
Treatment
Technology
(
Section
268.42)


There
is
no
collection
schedule
for
the
information
collection
requirements
of
section
268.42.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
(
Section
268.44)


There
is
no
collection
schedule
for
the
information
collection
requirements
of
section
268.44.

(
6)
Recordkeeping
for
Storage
Prohibition
(
Section
268.50)


There
is
no
collection
schedule
for
the
information
collection
requirements
of
section
268.50.

6.
ESTIMATING
THE
HOUR
AND
COST
BURDEN
OF
THE
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
HOURS
EPA
estimates
respondent
hourly
burden
for
all
the
information
collection
requirements
covered
in
this
ICR
in
Exhibits
1
through
6.
The
burden
estimates
for
each
activity
presented
in
Exhibits
1
through
6
include
the
burden
hours
(
total
and
by
labor
type)
per
respondent,
as
well
as
the
overall
burden
hours
for
all
respondents
per
activity.
The
majority
of
the
hour
estimates
in
Exhibits
1
through
6
are
based
on
industry
consultations
that
EPA
performed
in
renewing
previous
LDR
ICRs.
Exhibit
8
presents
the
total
aggregate
annual
hour
burden
to
all
respondents
under
the
LDR
program.
44
6(
b)
ESTIMATING
RESPONDENT
COSTS
EPA
estimates
respondent
costs
for
all
activities
covered
in
this
ICR
in
Exhibits
1
through
6.
These
costs
are
based
on
the
cost
of
labor,
capital,
and
operation
and
maintenance
(
O&
M).
Exhibit
8
presents
the
total
aggregate
annual
cost
burden
to
all
respondents
under
the
LDR
program.

(
1)
Labor
Costs
For
purposes
of
this
analysis,
EPA
estimates
an
average
hourly
respondent
labor
cost
(
including
fringe
and
overhead)
of
$
114.34
for
legal
staff,
$
81.83
for
managerial
staff,
$
59.41
for
technical
staff,
and
$
30.27
for
clerical
staff.
These
respondent
labor
costs
were
obtained
from
the
previously
approved
LDR
ICR
(
i.
e.,
EPA
ICR
Number
1442.17)
and
updated
to
2003
levels
using
Employment
Cost
Indexes
developed
by
the
U.
S.
Bureau
of
Labor
Statistics.

Using
the
total
burden
hours
discussed
in
Section
6(
a)
and
the
hourly
labor
costs
outlined
in
this
section,
Exhibits
1
through
6
illustrate
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.
For
this
ICR,
EPA
estimates
that
respondents
will
incur
capital
costs
associated
with
the
purchase
of
file
storage
systems
for
maintaining
LDR
records,
including
applications,
reports,
notifications,
certifications,
LDR
waste
determinations,
and
waste
analysis
plans,
as
applicable.
EPA
realizes
that
respondents
will
likely
use
different
and
various
file
storage
systems
(
e.
g.,
file
cabinets,
CD­
ROM,
off­
site
storage)
and
store
their
files
on
different
media
(
e.
g.,
paper,
microfiche,
electronic
files).
For
purposes
of
estimating
these
capital
costs
across
all
facilities,
EPA
has
made
the
conservative
assumption
that
every
respondent
will
store
their
files
in
paper
form
in
file
cabinets.
45
2
Based
on
its
best
judgment,
EPA
estimates
that
the
average
application
consists
of
50
pages,
the
average
documentation
on
LDR
waste
determinations
consists
of
five
pages,
and
the
average
LDR
notification
and
certification
consists
of
one
page.
Further
based
on
the
EPA
publication,
Waste
Analysis
at
Facilities
That
Generate,
Treat
and
Store,
and
Dispose
of
Hazardous
Waste
(
OSWER
9938.4­
03),
EPA
estimates
that
the
typical
generator's
waste
analysis
plan
consists
of
25
pages.

3
File
cabinet
cost
based
on
current
market
price,
as
of
October
2003.

4
Based
on
an
OMB­
approved
discount
rate
of
seven
percent
(
OMB
Circular
A­
94)
and
a
required
three­
year
retention
period
for
LDR
records.
EPA
took
the
following
steps
to
derive
the
annual
capital
costs
associated
with
the
purchase
of
file
cabinets:


Estimate
the
total
annual
volume
of
LDR
records
required
to
be
retained
by
all
waste
handlers.
Under
the
LDR
program,
hazardous
waste
handlers
must
keep
LDR
records
for
a
period
of
three
years.
Thus,
at
any
given
time
during
the
effective
period
of
this
ICR,
the
hazardous
waste
industry
is
keeping
copies
of
three
years'
worth
of
LDR
records.
Based
on
the
assumptions
presented
in
Section
6(
d)
of
this
document,
EPA
estimates
that
waste
handlers
(
i.
e.,
generators,
treaters,
and
disposers)
will
need
to
keep
copies
of
approximately
2,085,168
pieces
of
paper
annually.
2

Ascertain
the
annual
number
of
standard­
size
file
cabinets
that
would
provide
the
needed
capacity
for
the
industry,
collectively,
and
estimate
annual
cost.
EPA
estimates
that
a
standard­
size,
five­
drawer,
lateral
file
cabinet
holds
approximately
16,000
documents.
Thus,
for
storing
2,085,168
pieces
of
paper,
waste
handlers
would
need
130
file
cabinets
(
i.
e.,
2,085,168
/
16,000)
each
year.
These
130
file
cabinets
represent
the
total
capacity
needed
by
the
industry,
collectively,
to
store
all
of
its
LDR
records.
EPA
estimates
that
the
cost
of
one
file
cabinet
is
$
639.99,
and
for
all
130
file
cabinets
is
$
83,199.3

Annualize
the
aggregate
cost
of
standard­
size
file
cabinets.
EPA
annualized
the
aggregate
cost
of
$
83,199
over
three
years
at
a
seven
percent
annual
discount
rate.
4
In
total,
EPA
estimates
an
annual
capital
cost
of
$
31,703
for
the
130
file
cabinets
needed
by
the
hazardous
waste
industry,
under
the
LDR
program.
This
cost
is
shown
in
Exhibit
8.
46
(
3)
Operation
and
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:


Mailing
costs:
EPA
estimates
that
respondents
will
incur
a
cost
of
$
0.38
to
mail
a
one­
ounce
package
($
0.37
for
postage
and
$
0.01
for
standard­
size
envelope).
EPA
also
estimates
that
respondents
will
incur
a
cost
of
$
3.64
for
mailing
a
larger
package
(
i.
e.,
a
five­
ounce
package)
by
certified
mail
($
1.29
for
postage,
$
2.30
for
the
certified­
mail
fee,
and
$
0.05
for
a
manila
envelope).


Photocopying
costs:
EPA
estimates
that
respondents
will
incur
a
cost
of
$
0.10
for
each
photocopy
they
make.


Waste
analysis
costs:
EPA
estimates
that
each
generator
testing
his/
her
waste
will
incur
a
cost
of
$
1,919
per
year
in
commercial
laboratory
testing
costs.
These
costs
were
obtained
from
the
previously
approved
LDR
ICR
(
i.
e.,
EPA
ICR
Number
1442.17)
and
updated
to
2003
levels
using
a
Consumer
Price
Index
developed
by
the
U.
S.
Bureau
of
Labor
Statistics.

These
O&
M
costs
are
shown
in
Exhibits
1
through
6
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
7.
As
shown
in
the
exhibit,
EPA
estimates
an
average
hourly
labor
cost
of
$
65.28
for
legal
staff
(
GS15,
Step
1),
$
46.96
for
managerial
staff
(
GS­
13,
Step
1),
$
32.94
for
technical
staff
(
GS­
11,
Step
1),
and
$
20.03
for
clerical
staff
(
GS­
06,
Step
1).
To
derive
these
hourly
estimates,
EPA
referred
to
the
General
Schedule
(
GS)
Salary
Table
2003.
This
publication
summarizes
the
unloaded
(
base)
hourly
rate
for
various
labor
categories
in
the
Federal
Government.
EPA
then
applied
a
the
standard
government
overhead
factor
of
1.6
to
the
unloaded
rate
to
derive
loaded
hourly
rates.

To
derive
these
hourly
estimates,
EPA
referred
to
the
General
Schedule
(
GS)
Salary
Table
2003.
This
publication
summarizes
the
unloaded
(
base)
hourly
rate
for
labor
categories
in
the
Federal
Government.
EPA
then
applied
the
standard
government
overhead
factor
of
1.6
to
the
unloaded
rate
to
derive
loaded
hourly
rates.
47
5
RCRAInfo
is
a
national
database
used
by
EPA
to
track
entities
regulated
under
Subtitle
C
of
RCRA
(
i.
e.,
hazardous
waste
handlers).
RCRAInfo
includes
data
on
general
handler
information,
waste
generation
and
management,
permit
or
closure
status,
compliance
with
Federal
and
State
regulations,
and
cleanup
activities.

6
Data
used
in
this
analysis
were
extracted
from
RCRAInfo
during
November
7­
14,
2003.

7
In
estimating
the
number
of
SQGs,
EPA
used
the
methodology
approved
by
OSW
in
2000.
For
a
description
of
this
methodology,
refer
to
the
following
memoranda:
(
1)
Memorandum
from
ICF
to
Patricia
Mercer,
EPA,
"
Report
on
the
Estimation
of
Small
Quantity
Generator
Universe,"
dated
January
19,
2000
and
(
2)
Memorandum
from
ICF
to
Peggy
Vyas,
EPA,
"
SQG
Up­
Date,"
dated
July
31,
2000.
6(
d)
RESPONDENT
UNIVERSE
AND
TOTAL
RESPONDENT
HOUR
AND
COST
BURDEN
In
estimating
the
number
of
respondents
and
associated
waste
streams
subject
to
the
LDR
program,
EPA
referred
to
the
Resource
Conservation
and
Recovery
Act
Information
(
RCRAInfo).
5,
6
Because
some
of
the
data
in
RCRAInfo
(
e.
g.,
waste
generation
and
management
data)
are
current
as
of
2001,
EPA
updated
these
data
to
reflect
new
respondents
and
waste
streams
resulting
from
an
EPA
listing
with
an
effective
date
subsequent
to
2001
(
i.
e.,
Inorganic
Chemical
Manufacturing
Wastes
listing).

Based
on
the
above
data,
EPA
estimates
that
19,081
LQGs,
108,232
SQGs,
2,140
treatment
facilities,
and
131
land
disposal
facilities
will
be
subject
to
the
information
collection
requirements
at
40
CFR
Part
268
during
the
three­
year
period
covered
by
this
ICR.
7
Table
1
summarizes
the
number
of
waste
handlers
subject
to
the
LDR
program
requirements
each
year.

Table
1
Annual
Number
of
Respondents
Subject
to
the
Information
Collection
Requirements
Covered
in
this
ICR
Type
of
Respondent
Number
of
Respondents
LQGs
a
19,081
SQGs
a
108,232
Treatment
facilities
b
2,140
Land
disposal
facilities
131
a
Includes
generators
that
generate
but
do
not
manage
hazardous
waste
on
site,
as
well
as
generators
that
both
generate
and
manage
hazardous
waste
on
site
(
i.
e.,
TSDFs
acting
as
generators).
b
Includes
treatment
facilities
subject
to
permit
requirements,
as
well
as
treatment
facilities
exempt
from
permit
requirements.
48
Based
on
the
universe
data
presented
in
Table
1,
EPA
estimates
respondent
hour
and
cost
burden
associated
with
all
the
information
collection
requirements
covered
in
this
ICR
in
Exhibits
1
through
6.
A
discussion
of
the
burden
estimates
presented
in
these
exhibits
follows.

Following
is
a
discussion
of
the
estimates
presented
in
these
exhibits.

(
1)
Treatment
Surface
Impoundment
Exemption
(
Exhibit
1)

Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
one
facility
will
seek
a
treatment
surface
impoundment
exemption.
This
facility
is
expected
to
read
the
regulations
at
40
CFR
268.4.
The
facility
also
is
expected
to
prepare,
submit,
and
keep
copies
of
its
treatment
surface
impoundment
exemption
application
and
certification.

(
2)
Procedures
for
Case­
by­
Case
Extension
(
Exhibit
2)

EPA
expects
that
few
new
LDR
treatment
standards
will
be
published
during
the
threeyear
period
covered
by
this
ICR.
Based
on
its
best
judgment,
the
Agency
estimates
that,
each
year,
one
facility
will
petition
EPA
for
an
extension
to
an
effective
date
for
a
treatment
standard.
This
facility
is
expected
to
read
the
regulations
at
40
CFR
268.5.
The
facility
also
is
expected
to
prepare,
submit,
and
keep
copies
of
the
application,
any
additional
information
requested
by
EPA
in
order
to
evaluate
the
application,
and
written
progress
reports.

EPA
does
not
expect
any
facility
to
request
a
renewal
of
an
extension
to
an
effective
date
for
a
treatment
standard
or
to
notify
the
Agency
of
changes
in
the
conditions
in
its
application
for
an
extension
during
the
three­
year
period
covered
by
this
ICR.

(
3)
Waste
Analysis
and
Recordkeeping
(
Exhibit
3)

(
a)
Reading
the
Regulations
­
All
Waste
Handlers
EPA
estimates
that
19,081
LQGs,
108,232
SQGs,
2,140
treatment
facilities,
and
131
land
disposal
facilities
will
be
subject
to
waste
analysis
and
recordkeeping
requirements.
Based
on
its
consultations
with
industry,
EPA
expects
these
facilities
to
read
the
applicable
LDR
regulations
each
year.

(
b)
Generator
Waste
Analysis
and
Recordkeeping
(
b1)
Generator
Waste
Analysis
(
Section
268.7(
a)(
1))

EPA
believes
that
waste
testing
will
be
performed
to
a
greater
extent
by
LQGs
than
SQGs,
because
LQGs
generate
greater
hazardous
waste
volumes
requiring
characterization.
EPA
49
also
believes
such
wastes
are
often
complex
and
difficult
to
characterize
solely
through
process
knowledge.
On
the
other
hand,
because
many
SQGs
are
small
businesses
that
generate
fewer
waste
streams
and
lower
volumes
of
hazardous
waste,
EPA
believes
that
many
SQGs
will
be
able
to
adequately
characterize
their
waste
streams
using
process
knowledge.

For
purposes
of
this
analysis,
EPA
estimates
that,
of
the
19,081
LQGs,
approximately
50
percent
(
i.
e.,
9,541)
will
test
their
waste
and
the
other
50
percent
(
i.
e.,
9,541)
will
use
process
knowledge
to
determine
if
their
waste
is
restricted
from
land
disposal.
EPA
also
estimates
that,
of
the
108,232
SQGs,
20
percent
(
i.
e.,
21,646)
will
test
their
waste
and
80
percent
(
i.
e,
86,586)
will
use
process
knowledge.
In
total,
EPA
expects
that
31,187
LQGs
and
SQGs
will
test
their
waste
and
that
96,127
LQGs
and
SQGs
will
use
process
knowledge.

(
b2)
Generator
Notification
and
Certification
Requirements
(
Section
268.7(
a)(
2)­(
4))

Section
268.7(
a)(
2)
Notification
Requirements
Based
on
RCRAInfo
data,
EPA
estimates
that,
annually,
182,194
waste
streams
generated
by
LQGs
and
SQGs
will
not
meet
the
existing
applicable
treatment
standards.
EPA
derived
this
estimate
by
identifying
all
waste
streams
sent
directly
to
the
treatment
facilities
and
assuming
these
streams
did
not
meet
applicable
treatment
standards.
Based
on
industry
consultations,
EPA
estimates
that,
each
year,
five
percent
of
the
LQG
and
SQG
waste
streams
(
i.
e.,
182,194
x
0.05
=
9,110)
will
require
completion
and
delivery
of
a
new
or
updated
one­
time
notification.
EPA's
consultations
also
indicate
that,
on
average,
each
notification
contains
four
waste
streams.
Thus,
the
annual
number
of
notifications
prepared
and
submitted
by
LQGs
and
SQGs
with
waste
streams
not
meeting
the
treatment
standards
is
estimated
to
be
2,278
(
i.
e.,
9,110
/
4
=
2,278).

Section
268.7(
a)(
3)
Notification
and
Certification
Requirements
In
reviewing
RCRAInfo
data
on
waste
shipments
meeting
the
LDR
treatment
standards,
EPA
was
unable
to
distinguish
between
generator­
initiated
shipments
versus
treater­
initiated
shipments
of
wastes
meeting
the
treatment
standards.
Rather,
EPA's
query
of
RCRAInfo
resulted
in
a
single
aggregate,
annual
estimate
of
all
waste
streams
that
meet
the
treatment
standards
(
i.
e.,
streams
shipped
from
generators
and
treaters
collectively).
Because
of
this,
the
burden
associated
with
the
section
268.7(
a)(
3)
requirement
for
generators
is
estimated
along
with
the
268.7(
b)(
3)
and
(
4)
requirements
for
treaters.
Refer
to
the
subsection
of
this
ICR
entitled,
"
Treatment
Facility
Waste
Analysis
and
Recordkeeping:
Treatment
Facility
Notifications
and
Certifications:
Section
268.7(
b)(
3)­(
4)
Notifications
and
Certification
Requirements,"
for
a
discussion
of
this
burden
estimate.
50
Section
268.7(
a)(
4)
Notification
Requirements
Based
on
its
best
judgment,
EPA
estimates
that
no
generators
will
submit
a
notice,
under
40
CFR
268.7(
a)(
4),
for
hazardous
waste
or
contaminated
soil
subject
to
an
exemption
from
prohibition
on
the
type
of
land
disposal
method
utilized
for
the
waste
(
e.
g.,
waste
under
a
national
capacity
variance).

(
b3)
Generator
Waste
Analysis
Plan
(
Section
268.7(
a)(
5))

Based
on
RCRAInfo
data,
EPA
estimates
that
1,854
LQGs
treat
waste
on
site
to
meet
the
applicable
treatment
standards.
EPA
derived
this
estimate
by
identifying
all
LQGs
that
treated
waste
on
site
and
were
not
subject
to
RCRA
permitting
requirements.
Based
on
its
best
judgment,
EPA
estimates
that
one
percent
of
these
LQGs
(
i.
e.,
19
LQGs)
will
need
to
develop
and
follow
a
waste
analysis
plan
each
year.
In
addition,
EPA
estimates
all
1,854
LQGs
will
keep
the
waste
analysis
plan
on
site.
Industry
representatives
contacted
by
the
Agency
believe
that
no
SQGs
treat
prohibited
waste
on
site
under
these
conditions.
[
This
ICR
estimates
the
burden
associated
with
the
section
268.7(
a)(
5)(
iii)
requirement
for
notices
and
certifications
in
"
Treatment
Facility
Waste
Analysis
and
Recordkeeping:
Treatment
Facility
Notifications
and
Certifications:
Section
268.7(
b)(
3)­(
4)
Notifications
and
Certification
Requirements."]

(
b4)
Generator
Recordkeeping
Requirements
(
Section
268.7(
a)(
6)­(
8))

Section
268.7(
a)(
6)
Generator
Recordkeeping
Requirements
As
discussed,
EPA
estimates
that
31,187
generators
will
test
their
waste
and
that
96,127
generators
will
use
process
knowledge
to
determine
if
the
wastes
are
restricted
under
Part
268
each
year.
These
generators
must
keep
records
of
their
process
knowledge
determinations
or
analytical
testing
results,
as
required
under
section
268.7(
a)(
6).

Section
268.7(
a)(
7)
Generator
Recordkeeping
Requirements
Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
20
facilities
will
determine
that
they
are
managing
a
prohibited
waste
that
is
excluded
from
the
definition
of
hazardous
or
solid
waste
or
is
exempted
from
Subtitle
C
regulation
under
40
CFR
261.2
through
261.6
subsequent
to
the
point
of
generation.
These
facilities
are
expected
to
place
a
one­
time
notice
in
their
on­
site
files.
51
8
Based
on
the
supporting
statement
entitled,
"
Modifications
of
the
Hazardous
Waste
Manifest
System,"
EPA
ICR
Number
801.
Section
268.7(
a)(
8)
Generator
Recordkeeping
Requirements
Under
40
CFR
268.7(
a)(
8),
generators
are
required
to
keep
copies
of
all
documentation
produced
pursuant
to
section
268.7(
a)
for
at
least
three
years.
Thus,
EPA
estimates
that
generators
will
keep
on
site
8,458
notifications
each
year
(
i.
e.,
2,278
notifications
for
waste
streams
that
do
not
meet
treatment
standards
+
6,180
notifications
for
lab
pack
waste
streams
=
8,458).

(
b5)
Lab
Pack
and
Toll
Agreement
Generator
Requirements
(
Section
268.7(
a)(
9)­(
10))

Lab
Pack
Generator
Requirements
(
Section
268.7(
a)(
9))

Based
on
RCRAInfo
data,
EPA
estimates
that
92,694
lab
pack
waste
streams
are
generated
by
LQGs
and
SQGs
annually.
EPA
assumes
that
all
generators
producing
these
waste
streams
will
wish
to
use
the
alternate
treatment
standards
under
40
CFR
268.42(
c).
Pursuant
to
section
268.7(
a)(
9),
with
the
initial
shipment,
these
generators
must
send
a
notice
and
certification
to
the
treatment
facility.
Generators
must
also
send
a
new
notification
and
certification
if
the
waste
or
receiving
facility
changes.

Based
on
industry
consultations,
EPA
believes
that
the
contents
of
lab
pack
shipments
normally
vary
from
shipment
to
shipment.
Because
of
this,
EPA
estimates
that
each
lab
pack
shipment
requires
completion
and
transmittal
of
a
new
or
updated
notification.
EPA's
consultations
also
indicate
that,
on
average,
each
notification
contains
15
waste
streams.
Thus,
the
annual
number
of
notifications
and
certifications
prepared
and
submitted
by
LQGs
and
SQGs
for
lab
packs
is
estimated
to
be
6,180
(
i.
e.,
92,694
/
15
=
6,180).

Toll
Agreement
Generator
Requirements
(
Section
268.7(
a)(
10))

EPA
estimates
that
there
are
approximately
20,000
SQGs
with
tolling
agreements.
8
As
required
under
section
268.7(
a)(
10),
SQGs
with
a
tolling
agreement
pursuant
to
40
CFR
262.20(
e)
are
required
to
comply
with
the
applicable
notification
and
certification
requirements
of
section
268.7(
a)
for
the
initial
shipment
of
waste
subject
to
the
agreement.
This
information
collection
requirement
and
associated
burden
hours
are
contained
in
the
sections
of
this
ICR
entitled
"
Generator
Waste
Analysis
and
Recordkeeping:
Generator
Notification
and
Certification
Requirements
(
Section
268.7(
a)(
2)­(
4))"
and
"
Generator
Waste
Analysis
and
Recordkeeping:
Generator
Recordkeeping
Requirements
(
Section
268.7(
a)(
6)­(
8))."
52
(
c)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
(
c1)
Treatment
Facility
Notifications
and
Certifications
Section
268.7(
b)(
3)­(
4)
Notifications
and
Certification
Requirements
Based
on
RCRAInfo
data,
EPA
estimates
that,
each
year,
8,015
as­
generated
wastes
and
treated
wastes/
residues
meet
the
LDR
treatment
standards
and
are
shipped
to
disposal
facilities.
EPA
derived
this
estimate
by
identifying
all
waste
streams
sent
directly
to
land
disposal
facilities
and
assuming
these
streams
met
applicable
treatment
standards.

As
mentioned,
EPA
was
unable
to
distinguish
between
the
as­
generated
streams
versus
the
treated
streams
for
purposes
of
this
analysis;
and
thus,
the
Agency
examines
both
types
of
streams
in
this
subsection
of
the
ICR.
Specifically,
generators
and
treaters
shipping
such
wastes
must
send
a
one­
time
notice
and
certification
with
the
initial
shipment
to
the
disposal
facility.
They
also
must
send
an
updated
notification
and
certification
if
the
waste
or
receiving
facility
changes.

Based
on
industry
consultations,
EPA
assumes
that,
each
year,
10
percent
of
the
waste
streams
(
i.
e.,
8,015
x
0.10
=
802)
will
require
a
new
or
updated
notification
and
certification
because
of
a
change
in
the
waste
stream
or
the
receiving
facility.
EPA's
consultations
also
indicate
that,
on
average,
each
notification
contains
six
waste
streams.
Thus,
the
annual
number
of
notifications
and
certifications
prepared
and
submitted
for
waste
streams
meeting
the
treatment
standards
is
estimated
to
be
134
(
i.
e.,
802
/
6
=
134).

Section
268.7(
b)(
5)
Notification
and
Certification
Requirements
Section
268.7(
b)(
5)
requires
that,
if
the
waste
or
treatment
residue
will
be
further
managed
at
a
different
treatment
or
storage
facility,
the
treatment,
storage,
or
disposal
facility
sending
the
waste
or
treatment
residue
off
site
must
comply
with
the
notice
and
certification
requirements
applicable
to
generators
under
section
268.7(
a)(
2)­(
4).
This
information
collection
requirement
and
associated
burden
hours
are
contained
in
the
section
of
this
ICR
entitled
"
Generator
Waste
Analysis
and
Recordkeeping:
Generator
Notification
and
Certification
Requirements
(
Section
268.7(
a)(
2)­(
4))."

Section
268.7(
b)(
6)
Notification
and
Certification
Requirements
Based
on
RCRAInfo
data,
EPA
estimates
that
858
facilities
recycle
hazardous
waste
each
year.
Based
on
its
best
judgment,
EPA
estimates
that
five
percent
of
these
facilities
(
i.
e.,
43
recyclers)
will
ship
recyclable
materials
that
will
be
used
in
a
manner
that
constitutes
disposal
under
40
CFR
266.20.
These
recyclers
are
expected
to
transmit
a
notice
and
certification
to
EPA
with
each
shipment
in
accordance
with
section
268.7(
b)(
6).
EPA
estimates
that,
on
average,
each
of
the
43
recyclers
will
perform
this
task
75
times
per
year,
or
3,225
(
i.
e.,
43
x
75
=
3,225)
submittals
in
total.
53
In
addition,
these
43
recyclers
are
expected
to
keep
records
of
the
name
and
location
of
each
entity
receiving
the
hazardous
waste­
derived
product.

(
d)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
As
described
earlier,
EPA
estimates
that,
each
year,
generators
and
treaters
will
transmit
134
notices
and
certifications
to
the
land
disposal
facility.
Thus,
EPA
estimates
that
land
disposal
facilities
will
be
required
to
keep
copies
of
134
notices
and
certifications
annually,
as
required
under
section
268.7(
c)(
1).

(
e)
Hazardous
Debris
Requirements
Based
on
industry
consultations,
EPA
estimates
that,
each
year,
a
tenth
of
one
percent
of
LQGs
treating
waste
on
site
(
i.
e.,
1,854
x
0.001
=
2
LQGs)
and
a
tenth
of
one
percent
of
treatment
facilities
(
i.
e.,
2,140
x
0.001
=
2
treatment
facilities)
will
claim
that
their
hazardous
debris
is
excluded
from
the
definition
of
hazardous
waste
under
section
261.3(
f)
(
i.
e.,
debris
treated
by
a
specified
extraction
or
destruction
technology).
Section
268.7(
d)(
1)
requires
these
four
facilities
(
i.
e.,
2
LQGs
+
2
treatment
facilities
=
4
facilities)
to
submit
a
one­
time
notification
when
claiming
the
exclusion.

In
addition,
based
on
industry
consultations,
EPA
estimates
that
one
percent
of
LQGs
treating
waste
on
site
(
i.
e.,
1,854
x
0.01
=
19
LQGs)
and
one
percent
of
treatment
facilities
(
i.
e.,
2,140
x
0.01
=
21
treatment
facilities)
have
claimed
that
their
hazardous
debris
is
excluded
from
the
definition
of
hazardous
waste
under
section
261.3(
f).
EPA's
consultations
also
indicate
that,
each
year,
a
tenth
of
one
percent
of
these
40
facilities
(
i.
e.,
40
x
0.001
=
0
facilities)
will
need
to
update
their
notifications
because:
(
1)
a
different
type
of
debris
is
treated,
(
2)
a
different
treatment
technology
is
employed,
or
(
3)
the
treater
ships
the
excluded
waste
to
a
different
Subtitle
D
facility.

EPA
acknowledges
that
all
44
facilities
(
i.
e.,
4
+
40
=
44)
operating
under
the
exclusion
will
have
to
maintain
the
records
required
in
40
CFR
268.7(
d)(
3)
and
that
information
will
have
to
be
recorded
more
frequently
than
once
per
year.
The
Agency
has
taken
the
frequency
of
activities
into
account
in
formulating
its
estimates
of
the
number
of
hours
taken
for
each
activity.
EPA
expects
that
inspections,
evaluations,
and
analyses
of
treated
debris
will
be
recorded
four
times
per
year
(
i.
e.,
44
x
4
=
176).
EPA
expects
that
treatment
data
will
be
recorded
quarterly
(
i.
e.,
44
x
4
=
176).
EPA
expects
that
certifications
of
compliance
for
shipments
will
be
recorded
and
placed
on
the
facility's
files
monthly
(
i.
e.,
44
x
12
=
528).

(
f)
Contaminated
Soil
Requirements
Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
one
percent
of
LQGs
(
i.
e.,
19,081
x
0.01
=
191
LQGs)
and
one
percent
of
SQGs
(
i.
e.,
108,232
x
0.01
=
1,082
SQGs)
will
determine
that
a
contaminated
soil
subject
to
LDRs
no
longer
contains
a
listed
hazardous
waste
or
54
exhibits
a
characteristic
of
hazardous
waste
and
therefore,
comply
with
40
CFR
268.7(
e).
These
1,273
generators
(
i.
e.,
191
+
1,082
=
1,273)
are
expected
to
prepare
and
maintain
documentation
of
these
determinations,
including
all
supporting
documentation.

(
g)
Special
Rules
for
Characteristic
Wastes
EPA
queried
RCRAInfo
to
estimate
that
1,854
generators
(
i.
e.,
LQGs)
are
treating
their
hazardous
waste
on
site
in
90­
day
units.
Based
on
industry
consultations,
EPA
estimates
that,
each
year,
10
percent
of
these
LQGs
(
i.
e.,
1,854
x
0.10
=
185
LQGs)
will
de­
characterize
their
waste
and
prepare,
submit,
and
maintain
an
initial
notification
and
certification
under
section
268.9(
d).
On
the
other
hand,
industry
representatives
contacted
by
the
Agency
believe
that
treatment
facilities
generally
have
been
in
existence
for
some
time
and
have
already
submitted
their
initial
notification
and
certification.
Hence,
this
ICR
assumes
no
treatment
facilities
will
submit
an
initial
notice
and
certification
under
this
requirement
during
the
period
covered
by
this
ICR.
In
total,
EPA
estimates
that,
each
year,
a
total
of
185
facilities
(
i.
e.,
185
LQGs
+
0
treatment
facilities
=
185
facilities)
will
prepare,
submit,
and
maintain
initial
one­
time
notifications
and
certifications.

Based
on
industry
consultations,
EPA
estimates
that,
each
year,
10
percent
of
LQGs
treating
waste
on
site
in
90­
day
units
(
i.
e.,
1,854
x
0.10
=
185
LQGs)
and
10
percent
of
treatment
facilities
(
i.
e.,
2,140
x
0.10
=
214
treatment
facilities)
will
need
to
update
their
notification
and
certifications
because
of
a
change
in
the
waste
or
the
receiving
facility.
In
total,
EPA
estimates
that,
each
year,
a
total
of
399
facilities
(
i.
e.,
185
LQGs
+
214
treatment
facilities
=
399
facilities)
will
prepare,
submit,
and
maintain
updated
notifications.

(
4)
Demonstration
for
Alternative
Treatment
Technology
(
Exhibit
4)

Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
four
facilities
will
seek
a
variance
from
a
specified
treatment
method.
These
facilities
are
expected
to
read
the
regulations
at
40
CFR
268.42.
In
addition,
these
facilities
are
expected
to
prepare
and
submit
a
demonstration
and
any
other
information
requested
by
EPA.

(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
(
Exhibit
5)

(
a)
Reading
the
Regulations
Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
ten
facilities
will
seek
a
variance
from
a
treatment
standard.
These
facilities
are
expected
to
read
the
regulations
at
40
CFR
268.44.
55
(
b)
Demonstration
for
a
Variance
from
a
Treatment
Standard
(
b1)
Demonstration
for
a
Variance
(
Section
268.44(
a)­(
d))

EPA
estimates
that
seven
facilities
will
seek
a
variance
from
a
treatment
standard,
as
provided
under
section
268.44(
a)­(
d).
These
seven
facilities
are
expected
to
develop
and
submit
a
demonstration
and
any
other
information
requested
by
EPA.

(
b2)
Demonstration
for
a
Site­
Specific
Variance
(
Section
268.44(
h)­(
m))

EPA
estimates
that
three
facilities
will
seek
a
site­
specific
variance
from
a
treatment
standard,
as
provided
under
section
268.44(
h)­(
m).
These
three
facilities
are
expected
to
develop
and
submit
a
demonstration
and
any
other
information
requested
by
EPA.

(
6)
Recordkeeping
for
Storage
Prohibition
(
Exhibit
6)

(
a)
Reading
the
Regulations
Based
on
RCRAInfo,
EPA
estimates
that
there
are
1,395
TSDFs
in
operation.
Based
on
its
best
judgment,
EPA
estimates
that,
each
year,
10
percent
of
these
facilities
(
i.
e,
1,395
x
0.10
=
140
TSDFs)
will
store
restricted
hazardous
wastes
under
40
CFR
268.50.
These
facilities
are
expected
to
read
the
regulations
at
section
268.50.

(
b)
Recordkeeping
for
Storage
Prohibition
EPA
expects
that
the
140
TSDFs
will
develop
and
keep
records
of
the
contents
of
storage
units,
quantity
of
each
hazardous
waste
received,
and
the
date
that
accumulation
begins
for
each
tank
and
container,
as
applicable.
EPA
estimates
that
each
of
these
140
TSDFs
will
perform
these
tasks
four
times
per
year,
or
560
times
(
i.
e.,
140
x
4
=
560).
56
EXHIBIT
1
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Read
the
Regulations
0.25
0.25
0.50
0.00
1.00
$
78.75
$
0.00
$
0.00
1
1.00
$
79
Develop
and
submit
application
to
EPA
0.00
1.00
8.00
2.00
11.00
$
617.65
$
0.00
$
3.64
1
11.00
$
621
Maintain
files
of
the
application
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.30
1
0.10
$
3
Complete
and
submit
certification
to
EPA
0.25
0.25
1.00
0.50
2.00
$
123.59
$
0.00
$
0.38
1
2.00
$
124
TOTAL
0.50
1.50
9.50
2.60
14.10
$
823.02
$
0.00
$
4.32
1
14.10
$
827
EXHIBIT
2
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Read
the
Regulations
0.25
0.25
0.50
0.00
1.00
$
78.75
$
0.00
$
0.00
1
1.00
$
79
Complete
and
submit
certified
application
to
EPA
0.50
1.00
8.00
2.00
11.50
$
674.82
$
0.00
$
3.64
1
11.50
$
678
Develop
and
submit
additional
information
to
EPA
0.00
0.25
1.00
0.50
1.75
$
95.00
$
0.00
$
0.38
1
1.75
$
95
Develop
and
submit
renewal
request
to
EPA
0.25
0.25
2.00
0.50
3.00
$
183.00
$
0.00
$
0.38
0
0.00
$
0
Notify
EPA
of
any
changes
0.00
0.25
0.50
0.50
1.25
$
65.30
$
0.00
$
0.38
0
0.00
$
0
Provide
written
progress
reports
to
EPA
0.00
0.25
0.50
0.50
1.25
$
65.30
$
0.00
$
0.38
1
1.25
$
66
TOTAL
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
15.50
$
918
Reading
the
Regulations
(
268.5)

Application
for
Extension
(
268.5(
a)­(
c))

Renewal
of
Extension
(
268.5(
e))

Notifications
and
Progress
Reports
(
268.5(
f)­(
g))

TREATMENT
SURFACE
IMPOUNDMENT
EXEMPTION
PROCEDURES
FOR
CASE­
BY­
CASE
EXTENSION
Reading
the
Regulations
(
268.4)

Application
for
Exemption
(
268.4(
a)(
3))

Certification
(
268.4(
a)(
4))
57
EXHIBIT
3
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Read
the
regulations
­
LQGs
0.00
0.25
0.75
0.00
1.00
$
65.02
$
0.00
$
0.00
19,081
19,081.00
$
1,240,647
Read
the
regulations
­
SQGs
0.00
0.25
0.75
0.00
1.00
$
65.02
$
0.00
$
0.00
108,232
108,232.00
$
7,037,245
Read
the
regulations
­
Treatment
Facilities
0.00
0.25
0.75
0.00
1.00
$
65.02
$
0.00
$
0.00
2,140
2,140.00
$
139,143
Read
the
regulations
­
Land
Disposal
Facilities
0.00
0.25
0.75
0.00
1.00
$
65.02
$
0.00
$
0.00
131
131.00
$
8,518
Test
the
waste
0.00
0.00
20.00
0.00
20.00
$
1,188.20
$
0.00
$
1,919.00
31,187
623,740.00
$
96,904,246
Use
process
knowledge
0.00
0.00
0.50
0.00
0.50
$
29.71
$
0.00
$
0.00
96,127
48,063.50
$
2,855,933
For
waste
or
contaminated
soil
that
does
not
meet
the
applicable
treatment
standards,
complete
and
transmit
notification
and
certifications,
as
applicable
0.00
0.00
0.20
0.25
0.45
$
19.45
$
0.00
$
0.00
2,278
1,025.10
$
44,307
For
waste
or
contaminated
soil
that
can
be
land
disposed
without
further
treatment,
complete
and
transmit
notice
and
certification,
as
applicable
0.00
0.00
0.20
0.35
0.55
$
22.48
$
0.00
$
0.00
0
0.00
$
0
For
waste
or
contaminated
soil
subject
to
an
exemption,
complete
and
transmit
notice
and
certification,
as
applicable
0.00
0.00
1.20
0.25
1.45
$
78.86
$
0.00
$
0.00
0
0.00
$
0
Develop
and
follow
waste
analysis
plan
0.00
0.25
4.00
0.50
4.75
$
273.23
$
0.00
$
0.00
19
90.25
$
5,191
Maintain
the
waste
analysis
plan
on
site
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.00
1,854
185.40
$
5,618
Complete
and
transmit
to
the
receiving
facility
a
onetime
notification
and
certification
0.00
0.00
0.20
0.25
0.45
$
19.45
$
0.00
$
0.00
0
0.00
$
0
Keep
records
of
all
supporting
data
used
to
make
LDR
waste
or
contaminated
soil
determination
­
testing
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.00
31,187
3,118.70
$
94,497
Keep
records
of
all
supporting
data
used
to
make
LDR
waste
or
contaminated
soil
determination
­
process
knowledge
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.00
96,127
9,612.70
$
291,265
Develop
and
keep
records
of
notice
of
generation,

exclusion
from
regulation,
and
disposition
of
excluded
waste
0.00
0.00
0.50
0.10
0.60
$
32.73
$
0.00
$
0.00
20
12.00
$
655
Keep
records
of
all
other
documentation
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.10
8,458
845.80
$
26,474
For
generators
of
lab
packs,
submit
notification
and
certification
0.00
0.00
0.20
0.25
0.45
$
19.45
$
0.00
$
0.20
6,180
2,781.00
$
121,437
For
SQGs
in
a
tolling
agreement,
transmit
and
retain
copy
of
notification
and
certification
0.00
0.00
0.20
0.25
0.45
$
19.45
$
0.00
$
0.00
0
0.00
$
0
Reading
the
Regulations
­
All
Waste
Handlers
(
268.7
and
268.9)

Generator
Waste
Analysis
(
268.7(
a)(
1))

WASTE
ANALYSIS
AND
RECORDKEEPING
Generator
Notification
and
Certification
Requirements
(
268.7(
a)(
2)­(
4))

Generator
Waste
Analysis
Plan
(
268.7(
a)(
5))

Generator
Recordkeeping
Requirements
(
268.7(
a)(
6)­(
8))

Lab
Pack
and
Toll
Agreement
Generator
Requirements
(
268.7(
a)(
9)­(
10))

Lab
Pack
Generator
Requirements
(
268.7(
a)(
9))

Section
268.7(
a)(
2)
Notification
Requirements
Section
268.7(
a)(
3)
Notification
and
Certification
Requirements
Section
268.7(
a)(
4)
Notification
Requirements
Section
268.7(
a)(
6)
Generator
Recordkeeping
Requirements
Section
268.7(
a)(
7)
Generator
Recordkeeping
Requirements
Section
268.7(
a)(
8)
Generator
Recordkeeping
Requirements
Toll
Agreement
Generator
Requirements
(
268.7(
a)(
10))

Generator
Waste
Analysis
and
Recordkeeping
58
EXHIBIT
3
(
cont.)

LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Complete,
submit,
and
keep
a
copy
of
the
notice
and
certification
sent
to
land
disposal
facility
0.00
0.00
0.20
0.35
0.55
$
22.48
$
0.00
$
0.10
134
73.70
$
3,026
Comply
with
the
notification
and
certification
requirements
applicable
to
generators
0.00
0.00
0.20
0.25
0.45
$
19.45
$
0.00
$
0.00
0
0.00
$
0
For
recyclable
materials,
complete
and
submit
a
notice
and
certification
to
EPA
with
each
shipment
0.00
0.00
0.20
0.25
0.45
$
19.45
$
0.00
$
0.38
3,225
1,451.25
$
63,952
For
recycling
facilities,
keep
records
of
entities
receiving
hazardous
waste­
derived
products
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.10
43
4.30
$
135
Keep
copies
of
notices
and
certifications
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.00
134
13.40
$
406
Prepare
and
submit
one­
time
notification
to
EPA
0.00
0.50
0.50
0.25
1.25
$
78.19
$
0.00
$
0.38
4
5.00
$
314
Update
and
submit
to
EPA
notification
with
changes
0.00
0.00
0.25
0.00
0.25
$
14.85
$
0.00
$
0.38
0
0.00
$
0
Keep
records
of
all
inspections,
evaluations,
and
analyses
of
treated
debris
0.00
0.00
0.17
0.10
0.27
$
13.13
$
0.00
$
0.10
176
47.52
$
2,328
Keep
records
of
data
or
information
obtained
during
treatment
0.00
0.00
0.17
0.10
0.27
$
13.13
$
0.00
$
0.10
176
47.52
$
2,328
Keep
a
certification
of
compliance
for
each
shipment
of
treated
debris
0.00
0.00
0.17
0.10
0.27
$
13.13
$
0.00
$
0.10
528
142.56
$
6,985
Prepare
one­
time
documentation
0.00
0.00
0.25
0.00
0.25
$
14.85
$
0.00
$
0.10
1,273
318.25
$
19,031
Maintain
supporting
documentation
on
site
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.00
1,273
127.30
$
3,857
Prepare
and
submit
a
one­
time
notification
and
certification
to
EPA
0.00
0.00
0.40
0.50
0.90
$
38.90
$
0.00
$
0.38
185
166.50
$
7,267
Maintain
files
of
notification
and
certification
on
site
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.10
185
18.50
$
579
Update
and
submit
to
EPA
the
notification
and
certification
annually,
if
changes
occur
0.00
0.00
0.40
0.50
0.90
$
38.90
$
0.00
$
0.38
399
359.10
$
15,673
Maintain
updated
certification
and
notification
0.00
0.00
0.00
0.10
0.10
$
3.03
$
0.00
$
0.10
399
39.90
$
1,249
TOTAL
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
821,873
$
108,902,305
Treatment
Facility
Waste
Analysis
and
Recordkeeping
(
268.7(
b))

WASTE
ANALYSIS
AND
RECORDKEEPING
Section
268.7(
b)(
3)­(
4)
Notification
and
Certification
Requirements
Section
268.7(
b)(
5)
Notification
and
Certification
Requirements
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
(
268.7(
c)(
1))

Treatment
Facility
Notifications
and
Certifications
(
268.7(
b)(
3)­(
6))

Section
268.7(
b)(
6)
Notification
and
Certification
Requirements
Hazardous
Debris
Requirements
(
268.7(
d))

Special
Rules
for
Characteristic
Wastes
(
268.9(
d))

Contaminated
Soil
Requirements
(
268.7(
e))
59
EXHIBIT
4
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Read
the
Regulations
0.00
0.50
1.00
0.00
1.50
$
100.33
$
0.00
$
0.00
4
6.00
$
401
Develop
and
submit
application
to
EPA
0.00
1.00
8.00
2.00
11.00
$
617.65
$
0.00
$
3.64
4
44.00
$
2,485
TOTAL
0.00
1.50
9.00
2.00
12.50
$
717.98
$
0.00
$
3.64
4
50.00
$
2,886
EXHIBIT
5
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Read
the
Regulations
0.00
0.50
0.00
1.00
1.50
$
71.19
$
0.00
$
0.00
10
15.00
$
712
Develop
and
submit
demonstration
and
additional
information
to
EPA
0.00
1.00
8.00
2.00
11.00
$
617.65
$
0.00
$
3.64
7
77.00
$
4,349
Develop
and
submit
demonstration
and
additional
information
to
EPA
0.00
1.00
8.00
2.00
11.00
$
617.65
$
0.00
$
3.64
3
33.00
$
1,864
TOTAL
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
125.00
$
6,925
DEMONSTRATION
FOR
ALTERNATIVE
TREATMENT
TECHNOLOGY
Reading
the
Regulations
(
268.42)

Demonstration
for
Alternative
Treatment
Technology
(
268.42(
b))

Demonstration
for
a
Site­
Specific
Variance
(
268.44(
h)­(
m))

DEMONSTRATION
FOR
A
VARIANCE
FROM
A
TREATMENT
STANDARD
Reading
the
Regulations
(
268.44)

Demonstration
for
a
Variance
(
268.44(
a)­(
d))
60
EXHIBIT
6
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
114.34/
$
81.83/
$
59.41/
$
30.27/
Hours/
Cost/
Startup
O
&
M
Respon./
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Read
the
Regulations
0.00
0.50
1.00
0.00
1.50
$
100.33
$
0.00
$
0.00
140
210.00
$
14,046
Develop
and
keep
records
of
data
0.00
0.00
0.50
0.25
0.75
$
37.27
$
0.00
$
0.00
560
420.00
$
20,871
TOTAL
0.00
0.50
1.50
0.25
2.25
$
137.60
$
0.00
$
0.00
Varies
630.00
$
34,917
RECORDKEEPING
FOR
STORAGE
PROHIBITION
Reading
the
Regulations
(
268.50)

Recordkeeping
for
Storage
Prohibition
(
268.50(
a)(
2))
61
EXHIBIT
7
LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
AGENCY
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
65.28/
$
46.96/
$
32.94/
$
20.03/
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Review
demonstration
or
request
for
modification
and
approve/
deny
exemption
0.00
0.50
4.00
0.00
4.50
$
155.24
$
0.00
$
0.00
1
4.50
$
155
Review
written
certification
0.00
0.00
0.50
0.00
0.50
$
16.47
$
0.00
$
0.00
1
0.50
$
16
Keep
records
of
demonstration
and
written
certification
0.00
0.00
0.00
0.10
0.10
$
2.00
$
0.00
$
0.00
1
0.10
$
2
Subtotal
0.00
0.50
4.50
0.10
5.10
$
173.71
$
0.00
$
0.00
1
5.10
$
174
Review
and
keep
records
of
application
1.00
0.50
6.00
0.25
7.75
$
291.41
$
0.00
$
0.00
1
7.75
$
291
Request,
review,
and
keep
records
of
any
additional
information
1.00
0.25
4.00
0.50
5.75
$
218.80
$
0.00
$
0.00
1
5.75
$
219
Issue
notice
and
provide
opportunity
for
comment
1.50
0.50
0.00
1.00
3.00
$
141.43
$
0.00
$
0.00
1
3.00
$
141
Consult
with
State
agencies
0.25
0.25
2.00
0.00
2.50
$
93.94
$
0.00
$
0.00
1
2.50
$
94
Approve/
deny
extension
and
publish
decision
1.00
0.50
32.00
1.00
34.50
$
1,162.87
$
0.00
$
0.00
1
34.50
$
1,163
Receive,
review,
and
keep
records
of
the
renewal
reque
1.00
0.25
4.00
0.25
5.50
$
213.79
$
0.00
$
0.00
0
0.00
$
0
Consult
with
State
agencies
1.00
0.25
1.50
0.00
2.75
$
126.43
$
0.00
$
0.00
0
0.00
$
0
Issue
notice
and
provide
opportunity
for
comment
1.50
0.50
32.00
1.00
35.00
$
1,195.51
$
0.00
$
0.00
0
0.00
$
0
Approve/
deny
extension
and
publish
decision
1.00
0.50
32.00
1.00
34.50
$
1,162.87
$
0.00
$
0.00
0
0.00
$
0
Receive
and
keep
records
of
any
changes
0.00
0.25
0.00
0.10
0.35
$
13.74
$
0.00
$
0.00
0
0.00
$
0
Receive,
review,
and
keep
records
of
progress
reports
0.00
0.25
0.50
0.10
0.85
$
30.21
$
0.00
$
0.00
1
0.85
$
30
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
54.35
$
1,939
Application
for
Exemption
and
Certification
(
268.4)

Notifications
and
Progress
Reports
(
268.5(
f)­(
g))

TREATMENT
SURFACE
IMPOUNDMENT
EXEMPTION
PROCEDURES
FOR
CASE­
BY­
CASE
EXTENSION
Application
for
Extension
(
268.5(
a)­(
c))

Renewal
of
Extension
(
268.5(
e))
62
EXHIBIT
7
(
cont.)

LAND
DISPOSAL
RESTRICTIONS
ICR
ESTIMATED
ANNUAL
AGENCY
HOUR
AND
COST
BURDEN
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Number
Total
Total
$
65.28/
$
46.96/
$
32.94/
$
20.03/
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

INFORMATION
COLLECTION
ACTIVITY
Year
Year
Year
Year
Year
Year
Cost
Cost
Activ.
Year
Year
Inspect
waste
analysis
plan
in
the
facility's
on­
site
files
0.00
0.00
0.50
0.25
0.75
$
21.48
$
0.00
$
0.00
19
14.25
$
408
Receive,
review,
and
keep
records
of
the
notification
and
certification
submitted
by
the
recycling
facility
with
each
shipment
0.00
0.00
0.50
0.25
0.75
$
21.48
$
0.00
$
0.00
3,225
2,418.75
$
69,273
Receive,
review,
and
keep
records
of
one­
time
notification
0.00
0.00
0.25
0.25
0.50
$
13.24
$
0.00
$
0.00
4
2.00
$
53
Receive,
review,
and
keep
records
of
updates
sent
from
owner/
operator
0.00
0.00
0.25
0.25
0.50
$
13.24
$
0.00
$
0.00
0
0.00
$
0
Make
determination
that
contaminated
soil
does
not
contain
hazardous
waste
0.00
0.25
0.50
0.25
1.00
$
33.22
$
0.00
$
0.00
1,273
1,273.00
$
42,289
Receive,
review,
and
file
notification
and
certification
0.00
0.25
0.50
0.25
1.00
$
33.22
$
0.00
$
0.00
185
185.00
$
6,146
Receive,
review,
and
keep
records
of
update
notification
and
certification
with
annual
changes
0.00
0.00
0.50
0.25
0.75
$
21.48
$
0.00
$
0.00
399
299.25
$
8,571
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
4,192.25
$
126,739
Receive,
review,
and
keep
records
of
the
application
0.00
0.50
4.00
0.25
4.75
$
160.25
$
0.00
$
0.00
4
19.00
$
641
Approve/
deny
application
0.00
0.25
1.00
0.50
1.75
$
54.70
$
0.00
$
0.00
4
7.00
$
219
Develop
written
approval
0.00
0.25
2.00
0.50
2.75
$
87.64
$
0.00
$
0.00
4
11.00
$
351
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
4
37.00
$
1,210
Receive,
review,
and
keep
records
of
the
petition
1.00
0.50
6.00
0.25
7.75
$
291.41
$
0.00
$
0.00
7
54.25
$
2,040
Request
additional
information
or
samples
if
required
1.00
0.25
4.00
0.50
5.75
$
218.80
$
0.00
$
0.00
7
40.25
$
1,532
Send
additional
copies
to
the
States
0.00
0.00
0.00
0.25
0.25
$
5.01
$
0.00
$
0.38
7
1.75
$
38
Issue
notice
and
provide
opportunity
for
comment
1.50
0.50
0.00
1.00
3.00
$
141.43
$
0.00
$
0.00
7
21.00
$
990
Approve/
deny
petition
and
publish
decision
1.00
0.50
32.00
1.00
34.50
$
1,162.87
$
0.00
$
0.00
7
241.50
$
8,140
Receive,
review,
and
keep
records
of
the
petition
1.00
0.50
6.00
0.25
7.75
$
291.41
$
0.00
$
0.00
3
23.25
$
874
Request
additional
information
or
samples
if
required
1.00
0.25
4.00
0.50
5.75
$
218.80
$
0.00
$
0.00
3
17.25
$
656
Issue
notice
and
provide
opportunity
for
comment
1.50
0.50
0.00
1.00
3.00
$
141.43
$
0.00
$
0.00
3
9.00
$
424
Approve/
deny
petition
1.00
0.50
32.00
1.00
34.50
$
1,162.87
$
0.00
$
0.00
3
103.50
$
3,489
Subtotal
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
511.75
$
18,183
TOTAL
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
Varies
4,800.45
$
148,245
DEMONSTRATION
FOR
ALTERNATIVE
TREATMENT
TECHNOLOGY
Special
Rules
for
Characteristic
Wastes
(
268.9(
d))

WASTE
ANALYSIS
AND
RECORDKEEPING
Generator
Waste
Analysis
Plan
(
268.7(
a)(
5))

Hazardous
Debris
Requirements
(
268.7(
d))

Demonstration
for
a
Site­
Specific
Variance
(
268.44(
h)­(
m))

Demonstration
for
a
Variance
(
268.44(
a)­(
d))

Treatment
Facility
Notifications
and
Certifications
(
268.7(
b)(
6))

Demonstration
for
Alternative
Treatment
Technology
(
268.42(
b))

DEMONSTRATION
FOR
A
VARIANCE
FROM
A
TREATMENT
STANDARD
Contaminated
Soil
Requirements
(
268.7(
e))
63
EXHIBIT
8
LAND
DISPOSAL
RESTRICTIONS
ICR
TOTAL
ESTIMATED
ANNUAL
RESPONDENT
HOUR
AND
COST
BURDEN
SUMMARY
a
Total
Total
Annual
Annual
Total
Hours
per
Labor
Cost
per
Capital/
Startup
O
&
M
Cost
per
Year
Year
Costs
Costs
Year
Treatment
Surface
Impoundment
Exemption
(
Exhibit
1)
14
$
823
$
0
$
4
$
827
Procedures
for
Case­
By­
Case
Extension
(
Exhibit
2)
16
$
914
$
0
$
4
$
918
Waste
Analysis
and
Recordkeeping
(
Exhibit
3)
821,873
$
49,050,630
$
0
$
59,851,675
$
108,902,305
Demonstration
for
Alternative
Treatment
Technology
(
Exhibit
4)
50
$
2,872
$
0
$
15
$
2,886
Demonstration
for
a
Variance
from
a
Treatment
Standard
(
Exhibit
5)
125
$
6,888
$
0
$
36
$
6,925
Recordkeeping
for
Storage
Prohibition
(
Exhibit
6)
630
$
34,917
$
0
$
0
$
34,917
Annual
Capital
Costs
of
File
Cabinets
NA
NA
$
31,703
NA
$
31,703
TOTAL
822,708
$
49,097,044
$
31,703
$
59,851,735
$
108,980,482
a
Exhibit
includes
rounding.

EXHIBIT
9
LAND
DISPOSAL
RESTRICTIONS
ICR
TOTAL
ESTIMATED
ANNUAL
AGENCY
HOUR
AND
COST
BURDEN
SUMMARY
Total
Total
Annual
Annual
Total
Hours
per
Labor
Cost
per
Capital/
Startup
O
&
M
Cost
per
Year
Year
Costs
Costs
Year
Treatment
Surface
Impoundment
Exemption
5
$
174
$
0
$
0
$
174
Procedures
for
Case­
By­
Case
Extension
54
$
1,939
$
0
$
0
$
1,939
Waste
Analysis
and
Recordkeeping
4,192
$
126,739
$
0
$
0
$
126,739
Demonstration
for
Alternative
Treatment
Technology
37
$
1,210
$
0
$
0
$
1,210
Demonstration
for
a
Variance
from
a
Treatment
Standard
512
$
18,180
$
0
$
3
$
18,183
TOTAL
4,800
$
148,242
$
0
$
3
$
148,245
64
6(
e)
BOTTOM
LINE
HOUR
AND
COST
BURDEN
(
1)
Respondent
Tally
Exhibit
8
summarizes
the
total
annual
respondent
hour
and
cost
burden
associated
with
all
the
requirements
covered
in
this
ICR.
As
shown
in
the
exhibit,
EPA
estimates
the
annual
respondent
burden
to
be
822,708
hours
and
$
108,980,482.
The
bottom
line
burden
to
respondents
over
three
years
is
estimated
to
be
2,468,124
hours
and
$
326,941,446.

(
2)
Agency
Tally
Exhibit
9
summarizes
the
total
annual
Agency
hour
and
cost
burden
associated
with
all
the
requirements
covered
in
this
ICR.
As
shown
in
the
exhibit,
EPA
estimates
the
annual
Agency
burden
to
be
4,800
hours
and
$
148,245.
The
bottom
line
burden
to
the
Agency
over
three
years
is
estimated
to
be
14,400
hours
and
$
444,735.

6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
The
previously
approved
LDR
ICR,
Number
1442.17,
estimated
an
annual
respondent
hourly
burden
of
1,182,612.
This
current
ICR,
Number
1442.18,
estimates
an
annual
respondent
hourly
burden
of
822,708,
which
is
a
359,904­
hour
decrease
from
ICR
Number
1442.17.
Table
2
briefly
describes
the
reasons
for
this
change
in
burden.

All
changes
described
in
Table
2
resulted
from
changes
in
the
size
of
the
respondent
universe
and
refinements
to
the
assumptions
used
in
the
development
of
the
ICR.
All
changes
are
considered
"
adjustments."

6(
g)
BURDEN
STATEMENT
(
1)
Treatment
Surface
Impoundment
Exemption
The
public
reporting
burden
associated
with
the
treatment
surface
impoundment
exemption
at
40
CFR
268.4
is
estimated
to
be
13
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
developing
and
submitting
the
application
and
certification.
The
recordkeeping
burden
is
estimated
to
be
1.10
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations
and
maintaining
files
of
the
application.
65
(
2)
Procedures
for
Case­
by­
Case
Extension
The
public
reporting
burden
associated
with
the
case­
by­
case
extension
at
40
CFR
268.5
is
estimated
to
be
14.5
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
preparing
and
submitting
the
certified
application,
additional
information
requested
by
EPA,
and
written
progress
reports.
The
recordkeeping
burden
is
estimated
to
be
one
hour
per
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations.
66
Table
2
Reasons
for
Change
in
Respondent
Burden
Hours
from
ICR
Number
1442.17
to
ICR
Number
1442.18
Changes
in
ICR
Number
1442.18
Burden
Hours
in
ICR
Number
1442.17
Burden
Hours
in
ICR
Number
1442.18
Change
in
Total
Annual
Burden
Hours
in
ICR
Number
1442.18
Increase
in
the
number
of
waste
handlers
applying
for
a
case­
by­
case
extension
under
40
CFR
268.5
0
16
16
Decrease
in
the
hourly
burden
associated
with
reading
the
regulations
at
40
CFR
268.7
and
268.9
250,955
167,303
(
83,652)

Decrease
in
the
total
number
of
waste
handlers
reading
the
regulations
at
40
CFR
268.7
and
268.9
167,303
129,584
(
37,719)

Decrease
in
the
total
number
of
generators
characterizing
their
waste
854,631
671,804
(
182,828)

Decrease
in
the
number
of
generators
developing
a
waste
analysis
plan
965
90
(
875)

Decrease
in
the
number
of
generators
maintaining
the
waste
analysis
plan
on
site
203
185
(
18)

Decrease
in
the
number
of
generator
notifications
a
43,548
3,806
(
39,742)

Decrease
in
the
number
of
documents
(
e.
g.,
notifications)
kept
by
generators
a
24,418
13,589
(
10,828)

Increase
in
the
hourly
burden
associated
with
notifications
prepared
by
treatment
facilities
2,726
3,332
606
Decrease
in
the
number
of
notifications
prepared
by
treatment
facilities
a
3,332
74
(
3,258)

Decrease
in
the
number
of
notifications
kept
by
land
disposal
facilities
a
606
13
(
592)

Increase
in
the
number
of
initial
notifications
for
hazardous
debris
0
5
5
Decrease
in
the
number
of
updated
notifications
for
hazardous
debris
4
0
(
4)

Increase
in
the
hourly
burden
associated
with
the
preparation
and
recordkeeping
of
treatment
data
under
40
CFR
268.7(
d)
29
78
49
Decrease
in
the
number
of
records
of
data
or
information
obtained
during
the
treatment
of
hazardous
debris
78
48
(
30)
Table
2
(
continued)

Reasons
for
Change
in
Respondent
Burden
Hours
from
ICR
Number
1442.17
to
ICR
Number
1442.18
67
Changes
in
ICR
Number
1442.18
Burden
Hours
in
ICR
Number
1442.17
Burden
Hours
in
ICR
Number
1442.18
Change
in
Total
Annual
Burden
Hours
in
ICR
Number
1442.18
Increase
in
the
hourly
burden
associated
with
the
preparation
and
recordkeeping
of
certification
of
compliance
for
each
shipment
of
treated
debris
86
233
147
Decrease
in
the
number
of
certifications
of
compliance
for
shipments
of
treated
debris
233
143
(
91)

Decrease
in
the
number
of
contaminated
soil
notifications
585
446
(
140)

Increase
in
the
number
of
initial
notifications
for
characteristic
waste
0
185
185
Decrease
in
the
number
of
updated
notifications
for
characteristic
waste
645
399
(
246)

Increase
in
the
number
of
waste
handlers
complying
with
the
storage
prohibition
requirements
at
40
CFR
268.50
567
630
63
Other
minor
refinements
b
1,000
48
(
952)

Total
Change
in
Burden
Hours
(
359,904)

a
ICR
Number
1442.17
estimated
the
number
of
notices
by:
(
1)
estimating
the
number
of
waste
streams
being
shipped
and
(
2)
assuming
that
20
percent
of
them
would
change
each
year,
requiring
an
updated
notice.
In
this
way,
the
ICR
assumed
that
each
changed
waste
stream
would
require
a
separate
notice.
EPA
now
believes
that
this
calculation
overestimates
the
number
of
annual
notices
because
one
notice
may
contain
several
waste
streams.
In
ICR
Number
1442.18,
EPA
conducted
consultations
to
determine
that
a
notice
contains,
on
average,
four
waste
streams
and
that
only
five
percent
of
waste
streams
change.
Hence,
ICR
Number
1442.18
assumes
that
significantly
fewer
notices
will
need
to
be
updated
because
of
a
change
in
the
waste
stream.

b
In
developing
ICR
Number
1442.18,
EPA
carefully
reviewed
the
respondent
activities
examined
in
this
ICR
against
the
LDR
requirements.
EPA
made
a
few
minor
changes
to
these
activities
to
be
consistent
with
the
requirements.
Specifically,
EPA
removed
from
this
ICR
respondents'
recordkeeping
of
notices
and
certifications
sent
to
EPA
under
section
268.7(
b)(
6).
This
activity
had
been
included
in
the
previously
approved
ICR.
EPA
removed
this
activity
because
section
268.7(
b)(
6)
does
not
explicitly
require
the
recordkeeping
of
such
notices
and
certifications.
EPA
also
added
a
recordkeeping
activity
under
40
CFR
268.7(
d)(
3)(
i).
The
previous
ICR
had
implicitly
addressed
this
requirement.
However,
EPA
added
an
explicit
recordkeeping
activity
in
this
ICR
for
clarification.
68
(
3)
Waste
Analysis
and
Recordkeeping
(
a)
Generator
Waste
Analysis
and
Recordkeeping
There
is
no
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
a)(
1).
The
public
recordkeeping
burden
is
estimated
to
range
from
1.5
hours
to
21
hours
per
respondent
per
year.
These
hourly
burden
includes
time
for
reading
the
regulations
and
making
LDR
waste
determinations.

The
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
a)(
2)­(
4)
is
estimated
to
average
30
minutes
per
respondent
per
year.
This
hourly
burden
includes
time
for
completing
and
transmitting
the
one­
time
notification
for
waste
streams
sent
to
treatment
facilities.
Generator
waste
streams
that
meet
the
LDRs
(
subject
to
section
268.7(
a)(
3))
are
captured
under
section
268.7(
b)(
3)­(
4).
There
is
no
public
recordkeeping
burden
associated
with
this
section
of
the
regulations.

There
is
no
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
a)(
5).
The
public
recordkeeping
burden
is
estimated
to
range
from
about
10
minutes
to
five
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
developing,
following,
and
maintaining
the
waste
analysis
plan
on
site.

There
is
no
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
a)(
6)­(
8).
The
public
recordkeeping
burden
is
estimated
to
average
10
minutes
per
respondent
per
year.
This
hourly
burden
includes
time
for
keeping
records
of
all
supporting
data
used
to
make
an
LDR
determination,
notifications
for
waste
that
is
excluded
from
the
definition
of
hazardous
or
solid
waste,
and
notifications
for
waste
streams
sent
to
treatment
facilities.

The
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
a)(
9)­(
10)
is
estimated
to
average
about
20
minutes
per
respondent
per
year.
This
hourly
burden
includes
time
for
submittal
of
notifications
and
certifications
for
lab
pack
waste.
There
is
no
public
recordkeeping
burden
associated
with
the
requirements
under
these
sections
of
the
regulations.

(
b)
Treatment
Facility
Waste
Analysis
and
Recordkeeping
The
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
b)(
3)­(
6)
is
estimated
to
range
from
about
30
minutes
to
34
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
completing
and
transmitting
the
notifications
and
certifications
to
land
disposal
facilities
or
EPA.
The
recordkeeping
burden
is
estimated
to
average
one
hour
per
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations
and
keeping
records
of
entities
receiving
hazardous
waste­
derived
products.
69
(
c)
Land
Disposal
Facility
Waste
Analysis
and
Recordkeeping
There
is
no
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
c)(
1).
The
recordkeeping
burden
is
estimated
to
average
about
one
hour
per
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations
and
keeping
copies
of
notices
and
certifications.

(
d)
Hazardous
Debris
Requirements
The
public
reporting
burden
associated
withe
the
requirements
at
40
CFR
268.7(
d)
is
estimated
to
average
1.25
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
preparing
and
submitting
one­
time
notifications.
The
public
recordkeeping
burden
is
estimated
to
average
5.4
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
keeping
records
of
all
inspections,
evaluations,
and
analyses
of
treated
debris;
data
or
information
obtained
during
treatment;
and
certifications
of
compliance
for
shipments
of
treated
debris.

(
e)
Contaminated
Soil
Requirements
There
is
no
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.7(
e).
The
public
recordkeeping
burden
is
estimated
to
be
about
20
minutes
per
respondent
per
year.
This
hourly
burden
includes
time
for
preparing
and
maintaining
documentation
concerning
contaminated
soil.

(
f)
Special
Rules
for
Characteristic
Wastes
The
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.9(
d)
is
estimated
to
average
about
one
hour
per
respondent
per
year.
This
hourly
burden
includes
time
for
preparing
and
submitting
the
notification
and
updating
it,
if
needed.
The
public
recordkeeping
burden
is
estimated
to
average
about
six
minutes
per
respondent
per
year.
This
hourly
burden
includes
time
for
maintaining
notifications
and
certifications
on
site.

(
4)
Demonstration
for
Alternative
Treatment
Technology
The
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.42
is
estimated
to
be
11
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
developing
and
submitting
the
application.
The
public
recordkeeping
burden
is
estimated
to
be
1.5
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations.
70
(
5)
Demonstration
for
a
Variance
from
a
Treatment
Standard
The
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.44
is
estimated
to
be
11
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
developing
and
submitting
the
application
and
providing
additional
information
if
necessary.
The
public
recordkeeping
burden
is
estimated
to
be
1.5
hours
per
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations.

(
6)
Recordkeeping
for
Storage
Prohibition
There
is
no
public
reporting
burden
associated
with
the
requirements
at
40
CFR
268.50.
The
public
recordkeeping
burden
is
estimated
to
be
4.5
hours
respondent
per
year.
This
hourly
burden
includes
time
for
reading
the
regulations
and
developing
and
keeping
records
on
site.

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
0020,
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
0020).
