SUPPORTING
STATEMENT
FOR
EPA
INFORMATION
COLLECTION
REQUEST
NUMBER
1189.14
IDENTIFICATION,
LISTING
AND
RULEMAKING
PETITIONS
September
13,
2004
TABLE
OF
CONTENTS
EXECUTIVE
SUMMARY
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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1
1(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
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1
1(
b)
SHORT
CHARACTERIZATION
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1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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4
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
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4
2(
b)
PRACTICAL
UTILITY
AND
USERS
OF
THE
DATA
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6
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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7
3(
a)
NONDUPLICATION
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7
3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSIONS
TO
OMB
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7
3(
c)
CONSULTATIONS
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7
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
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7
3(
e)
GENERAL
GUIDELINES
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7
3(
f)
CONFIDENTIALITY
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7
3(
g)
SENSITIVE
QUESTIONS
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4.
THE
RESPONDENTS
AND
THE
INFORMATION
COLLECTED
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9
4(
a)
RESPONDENTS
AND
NAICS
CODES
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9
4(
b)
INFORMATION
REQUESTED
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9
5.
THE
INFORMATION
COLLECTED
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AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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30
5(
a)
AGENCY
ACTIVITIES
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30
5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
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32
5(
c)
SMALL
ENTITY
FLEXIBILITY
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32
5(
d)
COLLECTION
SCHEDULE
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6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
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33
6(
a)
ESTIMATING
RESPONDENT
BURDEN
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33
6(
b)
ESTIMATING
RESPONDENT
COSTS
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33
6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
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33
6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COST
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34
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COSTS
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51
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
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51
6(
g)
BURDEN
STATEMENT
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52
TABLE
OF
EXHIBITS
EXHIBIT
1
­
READING
THE
REGULATIONS­
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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37
EXHIBIT
2
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RULEMAKING
PETITIONS­
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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EXHIBIT
3
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SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS­
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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40
EXHIBIT
4
­
EXCLUSIONS
FROM
THE
DEFINITION
OF
HAZARDOUS
WASTE­
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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44
EXHIBIT
5
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HAZARDOUS
WASTE
LISTING
EXEMPTIONS­
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
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47
EXHIBIT
6
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TOTAL
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
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48
EXHIBIT
7
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ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
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48
EXHIBIT
8
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AVERAGE
RESPONDENT
BURDEN
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52
EXECUTIVE
SUMMARY
This
Information
Collection
Request
(
ICR)
supporting
statement
summarizes
the
estimated
reporting
and
recordkeeping
burden
placed
upon
both
respondents
and
implementing
agencies
for
developing
and
reviewing
rulemaking
petitions,
solid
waste
and
boiler
variances,
hazardous
waste
exclusions,
and
hazardous
waste
listing
exemptions
under
40
CFR
Parts
260
and
261.
EPA
estimated
the
number
of
respondents
performing
each
activity
based
on
feedback
from
EPA
Regions
and
States.

This
ICR
also
incorporates
data
from
EPA's
consultations
with
fewer
than
ten
respondents
to
obtain
estimates
of
the
burden
associated
with
developing,
reporting,
and
maintaining
information
under
these
provisions.
EPA
has
averaged
these
burden
estimates
for
the
purpose
of
this
ICR.
Agency
burden
estimates
also
were
developed
by
obtaining
data
from
EPA
staff
with
program
experience.
All
burden
estimates
are
presented
in
Section
6
of
this
ICR.

The
total
annual
respondent
burden
has
increased
to
21,511
hours
from
20,810
hours
in
the
previously
approved
ICRs.
This
increase
is
due
primarily
to
respondents
submitting
a
greater
number
of
relatively
more
complex
delisting
petitions
to
EPA..
1
1
ICR
#
1189.11
addressed
the
paperwork
requirements
at
40
CFR
261.4(
a)(
20)
and
(
21).
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
This
information
collection
request
(
ICR)
is
entitled
"
Identification,
Listing,
and
Rulemaking
Petitions,"
ICR
#
1189.14.

1(
b)
SHORT
CHARACTERIZATION
Under
the
authority
of
the
Resource
Conservation
and
Recovery
Act
of
1976
(
RCRA),
as
amended,
Congress
directed
the
U.
S.
Environmental
Protection
Agency
(
EPA)
to
implement
a
comprehensive
program
for
the
safe
management
of
hazardous
waste.
In
addition,
Congress
wrote
that
"[
a]
ny
person
may
petition
the
Administrator
for
the
promulgation,
amendment
or
repeal
of
any
regulation"
under
RCRA
(
section
7004(
a)).

40
CFR
Parts
260
and
261
contain
provisions
that
allow
regulated
entities
to
apply
for
petitions,
variances,
exclusions,
and
exemptions
from
various
RCRA
requirements.
In
Sections
1
through
5
of
this
ICR,
EPA
presents
a
comprehensive
description
of
these
paperwork
requirements.
In
Section
6,
EPA
estimates
the
total
annual
burden
and
cost
to
respondents
and
the
government
associated
with
these
paperwork
requirements.

In
preparing
this
ICR,
EPA
consolidated
two
previously
approved
ICRs.
The
ICR
entitled,
"
Identification,
Listing
and
Rulemaking
Petitions,"
ICR
#
1189.09,
was
the
previously
approved
"
base"
ICR.
The
ICR
entitled,
"
Zinc
Fertilizers
Made
From
Recycled
Hazardous
Secondary
materials"
ICR
#
1189.11,
was
an
amendment
ICR.
1
This
current
ICR
(#
1189.14)
replaces
these
two
ICRs
and
therefore
becomes
the
new
"
base"
ICR
for
the
Parts
260
and
261
paperwork
requirements.

In
the
following
paragraphs,
EPA
briefly
describes
the
40
CFR
Parts
260
and
261
paperwork
requirements.

RULEMAKING
PETITIONS
In
section
7004(
b)(
1)
of
RCRA,
Congress
directed
the
Administrator
to
develop
and
publish
minimum
guidelines
for
public
participation
in
rulemaking
petition
processes.
40
CFR
Part
260,
Subpart
C
establishes
procedures
for
submitting
rulemaking
petitions.
Under
section
260.20(
b),
all
rulemaking
petitioners
must
submit
basic
information
with
their
demonstrations,
including
name,
address,
and
statement
of
interest
in
the
proposed
action.
Under
section
260.21,
all
petitioners
for
equivalent
testing
or
analytical
methods
must
include
specific
information
in
their
petitions
and
demonstrate
to
the
satisfaction
of
the
Administrator
that
the
proposed
method
is
equal
to
or
superior
to
the
corresponding
method
in
terms
of
its
sensitivity,
accuracy,
and
reproducibility.
Under
section
260.22,
petitions
to
amend
Part
261
to
exclude
a
waste
produced
at
a
particular
facility
(
more
simply,
to
delist
a
waste)
must
meet
extensive
informational
requirements.
When
a
petition
is
submitted,
the
Agency
reviews
materials,
deliberates,
publishes
its
tentative
decision
in
the
Federal
Register,
and
requests
public
comment.
EPA
also
may
hold
informal
public
hearings
(
if
requested
by
an
interested
person
or
at
the
discretion
of
the
Administrator)
to
hear
oral
2
2
Note
that
this
exclusion
was
originally
promulgated
at
40
CFR
261.4(
a)(
15).
EPA
subsequently
moved
it
to
40
CFR
261.4(
a)(
17).
comments
on
its
tentative
decision.
After
evaluating
all
comments,
EPA
publishes
its
final
decision
in
the
Federal
Register.

SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
In
1985,
EPA
promulgated
regulations
governing
procedures
and
informational
requirements
for
variances
from
classification
as
a
solid
waste
or
for
classification
as
a
boiler
in
sections
260.30
­
260.33.
Sections
260.30,
260.31,
and
260.33
comprise
the
standards,
criteria,
and
procedures
for
variances
from
classification
as
a
solid
waste
for
three
types
of
materials:
materials
that
are
collected
speculatively
without
sufficient
amounts
being
recycled;
materials
that
are
reclaimed
and
then
reused
within
the
original
primary
production
process
in
which
they
were
generated;
and
materials
that
have
been
reclaimed,
but
must
be
reclaimed
further
before
the
materials
are
completely
recovered.
In
sections
260.32
and
260.33,
EPA
promulgated
regulations
governing
the
procedures
and
criteria
for
obtaining
a
variance
for
classification
as
a
boiler.
This
variance
is
available
to
owner
or
operators
of
enclosed
flame
combustion
devices.

HAZARDOUS
WASTE
EXCLUSIONS
Sections
261.3
and
261.4
contain
provisions
that
allow
generators
to
obtain
a
solid
or
hazardous
waste
exclusion
for
certain
types
of
wastes.
Facilities
applying
for
these
exclusions
must
either
submit
supporting
information
or
keep
detailed
records.
Under
section
261.3(
a)(
2)(
iv),
generators
may
obtain
a
hazardous
waste
exclusion
for
wastewater
mixtures
subject
to
Clean
Water
Act
regulation.
Under
section
261.3(
c)(
2)(
ii)(
C),
generators
may
obtain
an
exclusion
for
certain
nonwastewater
residues
resulting
from
high
metals
recovery
processing
(
HTMR)
of
K061,
K062,
and
F006
waste.

In
addition,
under
section
261.4(
a)(
9),
generators
may
claim
a
solid
waste
exclusion
for
spent
wood
preserving
solutions
and
wastewaters
from
the
wood
preserving
process,
as
specified.
Section
261.4(
a)(
17)
provides
that
secondary
materials,
other
than
listed
hazardous
wastes,
generated
within
the
primary
mineral
processing
industry
from
which
minerals,
acids,
cyanide,
water
or
other
values
are
recovered
by
mineral
processing
or
beneficiation,
are
excluded
from
being
a
solid
waste
so
long
as
certain
criteria
are
met.
2
Under
section
261.4(
a)(
20)(
ii)(
A),
generators
and
intermediate
handlers
may
obtain
a
hazardous
waste
exclusion
for
zinc­
bearing
hazardous
secondary
materials
that
are
to
be
incorporated
into
zinc
fertilizers.
Section
261,4(
a)(
20)(
iii)(
B),
allows
manufacturers
of
zinc
fertilizers
or
zinc
fertilizer
ingredients
made
from
excluded
hazardous
secondary
materials
to
obtain
a
hazardous
waste
exclusion.
Under
section
261.4(
b)(
6),
generators
of
chromium­
containing
waste
may
obtain
a
hazardous
waste
exclusion
under
certain
conditions.

Also
addressed
under
this
section
is
the
shipment
of
samples
between
generators
and
laboratories
for
the
purpose
of
testing
to
determine
its
characteristics
or
composition.
Sample
handlers
who
are
not
subject
to
U.
S.
Department
of
Transportation
(
DOT)
or
U.
S.
Postal
Service
(
USPS)
shipping
requirements
must
comply
with
the
information
requirements
of
section
261.4(
d)(
2).

In
1988,
EPA
promulgated
regulations
for
generators,
collectors,
and
testers
of
treatability
study
samples
in
sections
261.4(
e)
and
(
f).
When
intended
for
treatability
studies,
hazardous
waste
otherwise
3
subject
to
regulation
under
Subtitle
C
of
RCRA
is
exempted
from
these
regulations,
provided
that
the
requirements
in
sections
261.4(
e)
and
(
f)
are
met,
including
the
following
information
requests:
initial
notification,
recordkeeping,
reporting,
and
final
notification.
In
addition,
generators
and
collectors
of
treatability
study
samples
also
may
request
quantity
limit
increases
and
time
extensions,
as
specified
in
section
261.4(
e)(
3).

HAZARDOUS
WASTE
LISTING
EXEMPTIONS
In
1990,
EPA
promulgated
regulations
under
40
CFR
261.31(
b)(
2)(
ii)
governing
procedures
and
informational
requirements
for
generators
and
treatment,
storage
and
disposal
facilities
proving
their
sludges
are
exempt
from
listing
as
F037
and
F038
wastes.
Sections
261.35
(
b)
and
(
c),
which
were
also
promulgated
in
1990,
govern
procedures
and
informational
requirements
for
the
cleaning
or
replacement
of
all
process
equipment
that
may
have
come
into
contact
with
chlorophenolic
formulations
or
constituents
thereof,
including,
but
not
limited
to,
treatment
cylinders,
sumps,
tanks,
piping
systems,
drip
pads,
fork
lifts,
and
trams.
4
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
EPA
promulgated
the
provisions
for
identification,
listing,
and
rulemaking
petitions
under
the
authority
of
Subtitle
C
of
RCRA.

RULEMAKING
PETITIONS
Section
260.20
requires
petitioners
seeking
to
modify
or
revoke
any
provision
in
40
CFR
Parts
260
­
265
and
268
to
submit
specific
information.
This
information
is
used
by
EPA
to
determine
each
petitioner's
interest
in
the
proposed
rulemaking
petition,
and
contributes
to
EPA's
goal
of
comprehensively
protecting
human
health
and
the
environment.

Section
260.21
requires
petitioners
for
equivalent
testing
or
analytical
methods
to
demonstrate
to
the
satisfaction
of
the
Administrator
that
the
proposed
method
is
equal
to
or
superior
to
the
corresponding
method
in
terms
of
its
sensitivity,
accuracy,
and
reproducibility.
EPA
needs
this
information
to
determine
whether
the
proposed
method
is
equivalent
or
superior
to
the
specified
method.
This
requirement
contributes
to
EPA's
goal
of
preventing
contamination
to
the
environment.

Section
260.22
requires
petitioners
seeking
to
delist
a
specific
waste
to
demonstrate
that
the
waste
does
not
meet
any
hazardous
waste
criteria.
The
delisting
petition
provides
an
alternative
to
facilities
whose
wastes
are
generally
described
(
listed)
in
Subpart
D
of
Part
261,
yet
may
not
be
hazardous.
EPA
needs
the
information
to
evaluate
the
accuracy
of
each
delisting
petition
and
determine
whether
an
exclusion
is
warranted.

SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
Section
260.33
requires
persons
requesting
variances
from
classification
as
a
solid
waste
for
specified
recycled
materials
(
e.
g.,
speculatively
collected
materials)
to
address
the
relevant
criteria
contained
in
section
260.31.
EPA
needs
this
information
to
ensure
that
these
materials
are
actually
being
recycled
and
not
being
accumulated
to
evade
hazardous
waste
regulation.
The
practice
of
recycling
specific
materials
from
waste
streams
reduces
the
need
to
use
natural
resources,
energy,
and
disposal
capacity.
By
allowing
legitimate
recyclers
an
opportunity
to
exempt
specific
recycled
materials
from
hazardous
waste
regulation,
EPA
promotes
this
environmentally
and
socially
beneficial
practice.

Section
260.33
requires
persons
requesting
variances
for
classification
as
a
boiler
(
for
enclosed
devices
using
controlled
flame
combustion)
to
submit
demonstrations
that
address
the
relevant
criteria
detailed
in
section
260.32.
EPA
needs
this
information
to
evaluate
the
compatibility
of
the
proposed
device
to
classification
as
a
boiler.
Because
boilers
may
be
used
to
treat
hazardous
wastes
(
boilers
that
treat
hazardous
wastes
are
subject
to
substantive
requirements
in
40
CFR
Part
266),
the
specific
petition
informational
requirements
aid
in
realizing
EPA's
goal
of
insuring
that
only
properly
designed
hazardous
waste
treatment
units
are
in
operation.
5
HAZARDOUS
WASTE
EXCLUSIONS
Sections
261.3(
a)(
2)
and
261.3(
c)(
2)
require
facilities
to
prepare
and
submit
materials
in
support
of
a
wastewater
or
nonwastewater
exemption,
respectively.
EPA
needs
to
collect
this
information
to
ensure
that
facilities
qualify
for
the
exemption
and
can
manage
these
wastes
in
a
manner
protective
of
human
health
and
the
environment.

Section
261.4(
a)(
9)
allows
facilities
to
obtain
a
solid
waste
exclusion
for
spent
wood
preserving
solutions,
as
specified,
and
wastewaters
from
the
wood
preserving
process
that
have
been
reclaimed
and
are
reused
to
treat
wood.
EPA
needs
to
be
notified
of
this
exclusion
to
ensure
that
the
materials
handled
by
the
facility
qualify
for
the
exclusion
and
that
facilities
can
manage
these
wastes
in
a
manner
protective
of
human
health
and
the
environment.

Section
261.4(
a)(
17)
provides
that
secondary
materials
(
i.
e.,
sludges,
by­
products,
and
spent
materials
as
defined
in
section
261.1)
(
other
than
listed
hazardous
wastes)
generated
within
the
primary
mineral
processing
industry
from
which
minerals,
acids,
cyanide,
water
or
other
values
are
recovered
by
mineral
processing
or
beneficiation,
are
excluded
from
being
a
solid
waste
so
long
as
certain
criteria
are
met.
EPA
needs
specified
paperwork
(
e.
g.,
one­
time
notification
and
application)
to
learn
about
the
exclusion
claim
and,
if
necessary,
to
make
a
site­
specific
determination
regarding
on­
site
units.

Section
261.4(
a)(
20)
establishes
conditions
for
excluding
zinc
fertilizers
made
from
recycled
hazardous
secondary
materials.
EPA
needs
specified
paperwork
(
e.
g.,
one­
time
notification
and
appropriate
records)
to
track
the
exclusions
and
to
ensure
that
they
are
warranted.

Section
261.4(
b)(
6)
allows
facilities
to
obtain
a
hazardous
waste
exclusion
for
chromiumcontaining
waste
under
certain
conditions.
EPA
needs
this
information
to
determine
whether
an
exclusion
is
appropriate.

Section
261.4(
d)
requires
persons
who
generate
or
collect
samples
for
the
sole
purpose
of
testing
to
determine
its
characteristics
or
composition
comply
with
all
applicable
DOT,
USPS
or
other
applicable
shipping
requirements.
EPA
needs
the
generator
and
laboratory
to
maintain
appropriate
shipping
records
to
ensure
that
the
package
does
not
leak,
spill,
or
vaporize
from
its
packaging
into
the
environment.

Section
261.4(
e)(
2)
requires
persons
who
generate
or
collect
samples
for
the
purpose
of
conducting
treatability
studies
to
comply
with
specific
informational
provisions.
EPA
needs
this
information
to
document
the
legitimate
activities
of
sample
generators
or
collectors
and
to
track
these
wastes
to
ensure
their
proper
handling
and
management.
Section
261.4(
e)(
3)
contains
provisions
for
generators
and
collectors
to
increase
the
sample
quantity
limits
or
receive
a
time
extension.
EPA
needs
to
collect
this
information
to
ensure
that
an
increase
or
extension
is
warranted.

Section
261.4(
f)
requires
testing
facilities
conducting
treatability
studies
to
comply
with
a
number
of
informational
requirement
provisions.
EPA
needs
the
information
in
sections
261.1
(
e)
and
(
f)
to
document
that
only
the
legitimate
users
of
treatability
samples
obtain
relief
from
comprehensive
hazardous
waste
regulation.
By
requiring
treatability
study
sample
generators,
collectors,
and
testing
facilities
to
comply
with
alternate
provisions,
EPA
promotes
the
development
and
research
of
new,
less
expensive,
and
more
environmentally
benign
treatment
technologies.
These
new
technologies,
in
turn,
will
aid
in
the
reduction
of
environmental
contamination
and
safeguard
human
health
and
the
environment.
6
HAZARDOUS
WASTE
LISTING
EXEMPTIONS
Section
261.31(
b)(
2)(
ii)
requires
generators
and
treatment,
storage
and
disposal
facilities
to
prove
that
their
sludges
are
exempt
from
listing
as
F037
and
F038
wastes.
These
persons
must
maintain
in
their
operating
or
other
on­
site
records,
documents
and
data
sufficient
to
prove
that:
(
A)
the
unit
is
an
aggressive
biological
treatment
unit
as
defined
in
this
subsection;
and
(
B)
the
sludges
sought
to
be
exempted
from
the
definitions
of
F037
and/
or
F038
were
actually
generated
in
the
aggressive
biological
treatment
unit.
EPA
needs
this
information
to
document
these
legitimate
activities
and
to
ensure
proper
handling
and
management.

Sections
261.35
(
b)
and
(
c)
require
generators
of
wood
preserving
process
wastes
to
clean
or
replace
all
process
equipment
that
may
come
into
contact
with
chlorophenolic
formulations
or
constituents
thereof
in
order
to
avoid
a
F032
hazardous
waste
listing.
EPA
needs
the
generator
to
prepare
and
demonstrate
compliance
with
an
equipment
cleaning
or
replacement
plan
in
order
to
validate
the
claims
that
the
wood
preserving
process
wastes
equipment
has
been
cleaned
or
replaced
in
a
manner
that
precludes
it
from
being
listed
as
a
F032
waste.

2(
b)
PRACTICAL
UTILITY
AND
USERS
OF
THE
DATA
RULEMAKING
PETITIONS
EPA
uses
the
general
informational
requirements
required
under
section
260.20
to
obtain
basic
information
on
petitioners
and
on
each
petitioner's
interest
in
the
proposed
rulemaking
petition.
EPA
uses
petitions
for
equivalent
testing
or
analytical
methods
to
determine
that
the
proposed
method
is
equal
to
or
superior
to
the
corresponding
method
in
terms
of
its
sensitivity,
accuracy,
and
reproducibility.
EPA
uses
delisting
petitions
to
evaluate
whether
a
waste
meets
the
hazardous
waste
criteria.

SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
EPA
uses
the
information
contained
in
requests
for
variances
from
classification
as
a
solid
waste
to
substantiate
that
these
materials
actually
are
recycled
and
are
not
accumulated
to
evade
hazardous
waste
regulations.
EPA
uses
the
information
contained
in
requests
for
variances
from
classification
as
a
boiler
to
ascertain
the
compatibility
of
the
proposed
device
to
classification
as
a
boiler.

HAZARDOUS
WASTE
EXCLUSIONS
EPA
uses
the
various
information
required
under
sections
261.3
and
261.4
to
ensure
that
hazardous
waste
exclusions
and
exemptions
are
granted
only
under
certain
protective
conditions.

HAZARDOUS
WASTE
LISTING
EXEMPTIONS
EPA
uses
the
information
maintained
under
sections
261.31(
b)(
2)(
ii)
and
261.35(
b)
and
(
c)
to
substantiate
and
confirm
the
proper
handling
and
management
of
these
materials
according
to
prescribed
conditions.
7
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
NONDUPLICATION
None
of
the
information
required
by
the
regulations
covered
in
this
ICR
is
available
from
any
source
but
the
respondents.
None
of
the
regulations
are
duplicative
of
any
other
EPA
regulations.

3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSIONS
TO
OMB
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.),
the
Agency
issued
a
notice
in
the
Federal
Register
on
June
10,
2004,
soliciting
public
comments
on
the
accuracy
of
the
burden
estimates
in
this
supporting
statement
(
69
FR
32545).
No
comments
were
received.

3(
c)
CONSULTATIONS
The
regulations
covered
by
this
ICR
were
promulgated
using
proper
rulemaking
procedures.
In
updating
this
ICR,
EPA
spoke
with
Agency
staff
in
Headquarters
and
the
Regions,
State
representatives,
and
industry
representatives.
Their
feedback
is
reflected
in
this
ICR.
EPA's
Burden
Estimate
Methodology,
which
is
attached
to
this
Supporting
Statement,
provides
information
on
the
consultations.
Members
of
the
States
and
regulated
community
who
were
contacted
include:

 
Yan
Li,
Rhode
Island
Dept.
of
Environmental
Management
(
401)
222­
2797
 
Jack
Storton,
BWX
Technology
(
434)
522­
6677
 
Renee
Hudson
Goodley,
Georgia
Env.
Protection
Division
(
404)
657­
8828
 
Larry
Merritt,
Ford
Corp.
(
313)
322­
5548
 
Dave
Berrey,
Indiana
Dept.
of
Env.
Management
(
317)
308­
3341)

3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
EPA
has
carefully
considered
the
burden
imposed
upon
the
regulated
community
by
these
regulations.
EPA
is
confident
that
those
activities
required
of
respondents
are
necessary,
and
to
the
extent
possible,
has
attempted
to
minimize
the
burden
imposed.
EPA
believes
strongly
that
if
the
minimum
requirements
specified
under
the
regulations
are
not
met,
EPA
can
not
ensure
that
hazardous
wastes
are
properly
managed
and
do
not
pose
a
serious
threat
to
human
health
and
the
environment.

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

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.
However,
the
Agency
does
not
anticipate
that
businesses
will
assert
a
claim
of
confidentiality
covering
all
or
part
of
the
regulations.
If
such
a
claim
were
asserted,
EPA
must
and
will
treat
the
information
in
accordance
with
the
regulations
8
cited
above.
EPA
also
will
assure
that
this
information
collection
complies
with
the
Privacy
Act
of
1974
and
OMB
Circular
108.

3(
g)
SENSITIVE
QUESTIONS
No
questions
of
a
sensitive
nature
are
included
in
any
of
the
information
collection
requirements.
9
4.
THE
RESPONDENTS
AND
THE
INFORMATION
COLLECTED
4(
a)
RESPONDENTS
AND
NAICS
CODES
Table
1
presents
a
list
of
the
North
American
Industry
Classification
System
(
NAICS)
codes
associated
with
industries
most
likely
affected
by
the
information
collection
requirements
covered
under
this
ICR.

Table
1
List
of
NAICS
Codes
Description
NAICS
Code
Lumber
and
Wood
Products
Manufacturing
321
Chemical
Manufacturing
325
Petroleum
Products
Manufacturing
324
Plastics
and
Rubber
Product
Manufacturing
326
Primary
Metal
Industries
331
Fabricated
Metal
Products
332
Industrial
and
Commercial
Machinery
and
Computer
Equipment
333
334
Transportation
Equipment
336
Business
Services
541
Educational
Services
611
Scientific
Research
and
Development
Services
5417
Environmental
Services
924
Nonclassifiable
Establishments
N/
A
Fertilizer
Manufacturing
32532
Zinc
Sulfide
Manufacturing
32531
Iron
and
Steel
Mills
331111
Zinc
Refining,
Primary
331419
Zinc
Dust
Reclaiming
331492
Hazardous
Waste
Collection
562112
4(
b)
INFORMATION
REQUESTED
READING
AND
UNDERSTANDING
THE
REGULATIONS
FOR
IDENTIFICATION,
LISTING,
AND
RULEMAKING
PETITIONS
(
i)
Data
items:

The
petitioner
must
read
and
understand
all
of
the
regulations
that
pertain
to
the
identification,
listing,
and
rulemaking
petitions.
10
(
ii)
Respondent
activities:

°
The
respondent
must
read
and
understand
the
appropriate
regulations
for
identification,
listing,
and
rulemaking
petitions.

RULEMAKING
PETITIONS
General
Requirements
(
i)
Data
items:

Section
260.20(
b)
requires
petitioners
seeking
to
modify
or
revoke
any
provision
in
40
CFR
Parts
260
­
265
and
266
to
submit
the
following
general
information:

°
The
petitioner's
name
and
address;

°
A
statement
of
the
petitioner's
interest
in
the
proposed
action;

°
A
description
of
the
proposed
action,
including,
when
appropriate,
the
proposed
regulatory
language;
and
°
A
statement
of
the
need
and
justification
for
the
proposed
action,
including
any
supporting
tests,
studies,
or
other
information.

(
ii)
Respondent
activities:

All
rulemaking
petitioners
need
to
undertake
the
following
activities
to
comply
with
the
general
requirements
detailed
in
section
260.20(
b):

°
Gather
information
and
prepare
a
statement
about
the
petitioner's
interest
in
and
a
description
of
the
proposed
action;
and
°
State
the
need
and
justification
for
the
proposed
action
and
compile
supporting
evidence.
Equivalent
Methods
Petitions
(
i)
Data
items:

Section
260.21
requires
petitioners
for
equivalent
testing
or
analytical
methods
to
demonstrate
to
the
satisfaction
of
the
Administrator
that
the
proposed
method
is
equal
to
or
superior
to
the
corresponding
method
in
terms
of
its
sensitivity,
accuracy,
and
reproducibility.
Specifically,
a
petitioner
must
submit
the
following
data
items:

°
A
full
description
of
the
proposed
method,
including
all
procedural
steps
and
equipment
used
in
the
method;

°
A
description
of
the
types
of
wastes
or
waste
matrices
for
which
the
proposed
method
may
be
used;
11
°
Comparative
results
obtained
from
using
the
proposed
method
with
those
obtained
from
using
the
relevant
or
corresponding
methods
prescribed
in
40
CFR
Parts
261,
264,
and
265;

°
An
assessment
of
any
factors
which
may
interfere
with,
or
limit
the
use
of,
the
proposed
method;

°
A
description
of
the
quality
control
procedures
necessary
to
ensure
the
sensitivity,
accuracy,
and
reproducibility
of
the
proposed
method;
and
°
Any
additional
information
that
the
Administrator
reasonably
may
require
to
evaluate
the
petition.

(
ii)
Respondent
activities:

In
order
to
comply
with
the
requirements
for
petitions
for
equivalent
testing
or
analytical
methods,
petitioners
are
required
to
perform
the
following
activities:

°
Describe
the
proposed
method;

°
Describe
all
the
procedural
steps
and
equipment
required
for
the
proposed
method:

°
Describe
all
wastes
or
waste
matrices
for
which
the
proposed
method
may
be
used;

°
Compare
the
results
obtained
from
using
the
proposed
method
with
those
obtained
from
using
the
corresponding
prescribed
method
in
40
CFR
Parts
261,
264,
or
265;

°
Assess
any
factors
which
may
interfere
with
or
limit
the
use
of
the
proposed
method;

°
Describe
the
quality
control
procedures
necessary
to
ensure
the
sensitivity,
accuracy,
and
reproducibility
of
the
proposed
method;
and
°
Provide
any
additional
information
requested
by
the
Administrator.

These
petitioners
also
must
comply
with
the
general
requirements
for
rulemaking
petitions
in
section
260.20.

Delisting
Petitions
(
i)
Data
items:

Section
260.22
requires
petitioners
seeking
to
amend
40
CFR
Part
261
to
exclude
a
waste
produced
at
a
particular
facility
to
demonstrate
that
the
waste
does
not
meet
any
of
the
criteria
under
which
it
was
listed
as
a
hazardous
or
an
acutely
hazardous
waste.
The
petition
also
must
demonstrate
to
the
Administrator
that
the
waste
should
not
be
listed
for
any
other
factor.
Finally,
the
petition
must
demonstrate
that
the
waste
does
not
meet
the
characteristic
hazardous
criteria
in
Subpart
C
of
Part
261.
12
Specifically,
the
petitioner
must
submit
the
following
items:

°
The
name
and
address
of
the
laboratory
facility
performing
the
sampling
or
tests
of
the
waste;

°
The
names
and
qualifications
of
the
persons
sampling
and
testing
the
waste;

°
The
dates
of
sampling
and
testing;

°
The
location
of
the
generating
facility;

°
A
description
of
the
manufacturing
processes
or
other
operations
and
feed
materials
producing
the
waste;

°
An
assessment
of
whether
the
manufacturing
processes,
operations,
or
feed
materials
can
or
might
produce
a
waste
that
is
not
covered
by
the
demonstration;

°
A
description
of
the
waste
and
an
estimate
of
the
average
and
maximum
monthly
and
annual
quantities
of
waste
covered
by
the
demonstration;

°
Pertinent
data
on
and
discussion
of
the
factors
delineated
in
the
respective
criterion
for
listing
hazardous
waste,
where
the
demonstration
is
based
on
the
factors
in
§
261.11(
a)(
3);

°
A
description
of
the
methodologies
and
equipment
used
to
obtain
the
representative
samples;

°
A
description
of
the
sample
handling
and
preparation
techniques,
including
techniques
used
for
extraction,
containerization,
and
preservation
of
the
samples;

°
A
description
of
the
tests
performed
and
their
results;

°
The
names
and
model
numbers
of
the
instruments
used
to
conduct
the
tests;

°
A
signed
certification
by
the
petitioner;
and
°
Any
additional
information
the
Administrator
reasonably
may
require
to
evaluate
the
petition.

(
ii)
Respondent
activities:

In
order
to
comply
with
the
requirements
for
petitions
to
delist
a
waste
produced
at
a
specific
facility,
petitioners
are
required
to
perform
the
following
activities:

°
Provide
general
information
on
the
laboratory
conducting
the
tests;

°
Provide
detailed
information
on
individuals
sampling
and
testing
the
waste
samples;
13
°
Provide
the
dates
of
sampling
and
testing;

°
Provide
information
on
the
location
of
the
facility;

°
Describe
the
manufacturing
processes
or
other
operations
and
feed
materials
producing
the
waste;

°
Assess
whether
the
generator
facility's
processes,
operations,
or
feed
materials
can
or
might
produce
a
waste
that
is
not
covered
by
the
demonstration;

°
Describe
the
waste;

°
Estimate
the
average
maximum
monthly
and
annual
quantities
of
waste
covered
by
the
demonstration;

°
Provide
pertinent
data
on
and
discussion
of
the
factors
delineated
in
the
respective
criterion
for
listing
hazardous
waste,
where
the
demonstration
is
based
on
the
factors
in
§
261.11(
a)(
3);

°
Describe
the
methodologies
and
equipment
used
to
obtain
the
representative
samples;

°
Describe
the
sample
handling
and
preparation
techniques,
including
techniques
used
for
extraction,
containerization,
and
preservation
of
the
samples;

°
Describe
the
tests
performed
and
their
results;

°
Provide
the
names
and
model
numbers
of
the
instruments
used
to
conduct
the
tests;

°
Certify
that
the
petition
is
true,
accurate,
and
complete;
and
°
Provide
any
additional
information
required
by
the
Administrator.

Petitioners
also
must
comply
with
the
general
requirements
for
rulemaking
petitions
in
section
260.20.

SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
Variances
from
Classification
as
a
Solid
Waste
(
i)
Data
items:

Section
260.33
requires
persons
that
request
variances
from
classification
as
a
solid
waste
to
address
the
relevant
criteria
contained
in
section
260.31.
Section
260.31
contains
criteria
for
variances
from
classification
as
a
solid
waste
for
the
following
three
types
of
recycled
materials:

°
Materials
that
are
collected
speculatively
without
sufficient
amounts
being
recycled;
14
°
Materials
that
are
reclaimed
and
then
reused
within
the
original
primary
production
process
in
which
they
were
generated;
and
°
Materials
which
have
been
reclaimed,
but
must
be
reclaimed
further
before
the
materials
are
completely
recovered.

The
informational
requirements
for
each
of
the
three
types
of
recycled
materials
are
discussed
in
turn.

Section
260.31(
a)
details
requirements
for
persons
that
request
a
variance
from
classification
as
a
solid
waste
certain
materials
that
are
accumulated
speculatively
without
sufficient
amounts
being
recycled
or
transferred
for
recycling
in
the
following
year.
The
person
requesting
a
variance
must
submit
the
following
information:

°
The
manner
in
which
the
material
is
expected
to
be
recycled,
when
the
material
is
expected
to
be
recycled,
and
whether
this
expected
disposition
is
likely
to
occur;

°
The
reason
that
the
petitioner
has
accumulated
for
one
or
more
years
without
recycling
75
percent
of
the
volume
accumulated
at
the
beginning
of
the
year;

°
The
quantity
of
the
material
already
accumulated,
and
the
quantity
expected
to
be
generated
and
accumulated
before
the
material
is
recycled;

°
The
extent
to
which
the
material
is
handled
to
minimize
loss;
and
°
Any
additional
relevant
information.

Section
260.31(
b)
details
requirements
for
persons
that
request
a
variance
from
classification
as
a
solid
waste
those
materials
that
are
reclaimed
and
then
reused
as
feedstock
within
the
original
primary
production
processes
in
which
the
materials
were
generated,
if
the
reclamation
operation
is
an
essential
part
of
the
production
process.
The
person
that
requests
the
variance
must
submit
the
following
information:

°
Provide
information
on
the
economic
viability
of
the
production
process
using
virgin
materials
solely,
rather
than
reclaimed
materials;

°
Provide
information
on
the
prevalence
of
the
industry­
wide
practice;

°
A
description
of
the
extent
to
which
the
material
is
handled
before
reclamation
to
minimize
loss;

°
A
description
of
the
time
periods
between
the
generation
of
the
material
and
its
reclamation,
and
between
reclamation
and
return
to
the
original
primary
production
process;

°
A
description
of
the
location
of
the
reclamation
operation
in
relation
to
the
production
process;

°
A
description
of
whether
the
reclaimed
material
is
used
for
the
purpose
for
which
it
was
15
originally
produced
when
it
is
returned
to
the
original
process,
and
whether
it
is
returned
to
the
process
in
substantially
its
original
form;
°
A
description
of
whether
the
person
who
generates
the
materials
also
reclaims
it;
and
°
Any
additional
relevant
information.

Section
260.31(
c)
details
requirements
for
persons
that
request
a
variance
from
classification
as
a
solid
waste
those
materials
that
have
been
reclaimed
but
must
be
reclaimed
further
before
recovery
is
completed
if,
after
initial
reclamation,
the
resulting
material
is
commodity­
like.
The
resulting
material
may
be
commodity­
like
even
though
it
is
not
yet
a
commercial
product,
and
has
to
be
reclaimed
further.
The
person
that
requests
this
variance
must
submit
the
following
information:

°
A
description
of
the
degree
of
processing
the
material
has
undergone
and
the
degree
of
further
processing
that
is
required;

°
Information
on
the
value
of
the
material
after
it
has
been
reclaimed;

°
A
description
of
the
degree
to
which
the
reclaimed
material
is
like
an
analogous
raw
material;

°
A
description
of
the
extent
to
which
an
end
market
for
the
reclaimed
material
is
guaranteed;

°
A
description
of
the
extent
to
which
the
reclaimed
materials
is
handled
to
minimize
loss;
and
°
Any
additional
relevant
information.

(
ii)
Respondent
activities:

In
order
to
comply
with
the
requirements
for
variances
from
classification
as
a
solid
waste
those
materials
that
are
accumulated
speculatively,
as
defined
in
section
260.31(
a),
persons
that
request
a
variance
must
perform
the
following
activities:

°
Provide
information
on
the
manner
in
which
the
material
is
expected
to
be
recycled,
when
the
material
is
expected
to
be
recycled,
and
whether
this
expected
disposition
is
likely
to
occur;

°
Provide
information
on
the
reason
that
the
petitioner
has
accumulated
for
one
or
more
years
without
recycling
75
percent
of
the
volume
accumulated
at
the
beginning
of
the
year;

°
Provide
information
on
the
quantity
of
the
material
already
accumulated
and
the
quantity
expected
to
be
generated
and
accumulated
before
the
material
is
recycled;

°
Provide
information
on
the
extent
to
which
the
material
is
handled
to
minimize
loss;
and
°
Provide
any
additional
relevant
information.
16
In
order
to
comply
with
the
requirements
for
variances
from
classification
as
a
solid
waste
those
materials
that
are
reclaimed
and
then
reused
as
feedstock,
as
defined
in
section
260.31(
b),
persons
that
request
a
variance
must
perform
the
following
activities:

°
Provide
information
on
the
economic
viability
of
the
production
process
using
virgin
materials
solely,
rather
than
reclaimed
materials;

°
Describe
the
industry­
wide
prevalence
of
the
practice;

°
Describe
the
extent
to
which
the
material
is
handled
before
reclamation
to
minimize
loss;

°
Describe
the
time
periods
between
the
generation
of
the
material
and
its
reclamation,
and
between
reclamation
and
return
to
the
original
primary
production
process;

°
Describe
the
location
of
the
reclamation
operation
in
relation
to
the
production
process;

°
Describe
whether
the
reclaimed
material
is
used
for
the
purpose
for
which
it
was
originally
produced
when
it
is
returned
to
the
original
process,
and
whether
it
is
returned
to
the
process
in
substantially
its
original
form;

°
Describe
whether
the
person
who
generates
the
material
also
reclaims
it;
and
°
Provide
any
additional
relevant
information.

In
order
to
comply
with
the
requirements
for
variances
from
classification
as
a
solid
waste
those
materials
that
have
been
reclaimed
but
must
be
reclaimed
further,
as
defined
in
section
260.31(
c),
persons
that
request
a
variance
must
perform
the
following
activities:

°
Provide
information
on
the
degree
of
processing
the
material
has
undergone
and
the
degree
of
further
processing
that
is
required;

°
Provide
information
on
the
value
of
the
material
after
it
has
been
reclaimed;

°
Describe
the
degree
to
which
the
reclaimed
material
is
like
an
analogous
raw
material;

°
Examine
the
extent
to
which
an
end
market
for
the
reclaimed
material
is
guaranteed;

°
Describe
the
extent
to
which
the
reclaimed
material
is
handled
to
minimize
loss;
and
°
Provide
any
additional
relevant
information.

Variances
from
Classification
as
a
Boiler
(
i)
Data
items:

Section
260.33
requires
persons
that
request
to
classify
as
a
boiler
certain
enclosed
devices
using
17
controlled
flame
combustion
(
even
though
these
devices
do
not
meet
the
definition
of
boiler
as
defined
in
§
260.10)
to
address
the
relevant
criteria
in
section
260.32.
Section
260.32
lists
the
following
informational
requirements:

°
A
description
of
the
extent
to
which
the
unit
has
provisions
for
recovering
and
exporting
thermal
energy
in
the
form
of
steam,
heated
fluids,
or
heated
gases;

°
A
description
of
the
extent
to
which
the
combustion
chamber
and
energy
recovery
equipment
are
of
integral
design;

°
A
description
of
the
efficiency
of
energy
recovery,
calculated
in
terms
of
the
recovered
energy
compared
with
the
thermal
value
of
fuel;

°
A
description
of
the
extent
to
which
exported
energy
is
utilized;

°
A
description
of
the
extent
to
which
the
device
is
in
common
and
customary
use
as
a
'
boiler'
functioning
primarily
to
produce
steam,
heated
fluids,
or
heated
gases;
and
°
Any
additional
relevant
information.

(
ii)
Respondent
activities:

In
order
to
comply
with
the
requirements
for
variances
to
be
classified
as
a
boiler,
persons
that
request
this
variance
must
perform
the
following
activities:

°
Describe
the
extent
to
which
the
unit
has
provisions
for
recovering
and
exporting
thermal
energy
in
the
form
of
steam,
heated
fluids,
or
heated
gases;

°
Describe
the
extent
to
which
the
combustion
chamber
and
energy
recovery
equipment
are
of
integral
design;

°
Describe
the
efficiency
of
energy
recovery,
calculated
in
terms
of
the
recovered
energy
compared
with
the
thermal
value
of
fuel;

°
Describe
the
extent
to
which
exported
energy
is
utilized;

°
Describe
the
extent
to
which
the
device
is
in
common
and
customary
use
as
a
'
boiler'
functioning
primarily
to
produce
steam,
heated
fluids,
or
heated
gases;
and
°
Provide
any
additional
relevant
information.

HAZARDOUS
WASTE
EXCLUSIONS
Sections
261.3
and
261.4
set
forth
provisions
for
petitioning
EPA
(
or
the
implementing
agency)
for
a
hazardous
waste
exclusion
or
other
exemption
for
certain
types
of
waste.
The
information
collection
requirements
associated
with
these
provisions
are
discussed
in
turn
below.
18
Wastewater
Exemption
(
i)
Data
items:

Under
section
261.3(
a)(
2)(
iv),
a
generator
may
obtain
a
hazardous
waste
exemption
for
certain
mixtures
of
hazardous
and
solid
wastes
if
the
generator
can
demonstrate
that
the
mixture
consists
of
wastewater
whose
discharge
is
subject
to
regulation
under
either
section
402
or
section
307(
b)
of
the
Clean
Water
Act
(
including
wastewater
at
facilities
which
have
eliminated
the
discharge
of
wastewater).

(
ii)
Respondent
activities:

°
Demonstrate
the
wastewater
exclusion.

Nonwastewater
Exemption
(
i)
Data
items:

Under
section
261.3(
c)(
2)(
ii)(
C),
a
facility
may
obtain
a
hazardous
waste
exclusion
for
certain
nonwastewater
residues,
such
as
slag,
resulting
from
high
temperature
metals
recovery
(
HTMR)
processing
of
K061,
K062,
or
F006
waste
in
rotary
kilns,
flame
reactors,
electric
furnaces,
plasma
arc
furnaces,
slag
reactors,
rotary
hearth
furnace/
electric
furnace
combinations,
or
industrial
furnaces.
To
obtain
this
exemption,
a
one­
time
notification
and
certification
must
be
placed
in
the
facility's
files
and
sent
to
EPA
or
authorized
State.
The
notification
must
state
that
the
K061,
K062,
or
F006
HTMR
residues
meet
the
generic
exclusion
levels
for
all
constituents
and
do
not
exhibit
any
hazardous
waste
characteristics.

(
ii)
Respondent
activities:

°
Prepare
and
submit
a
one­
time
notification
and
certification
for
the
K061,
K062,
or
F006
HTMR
residue;
and
°
Maintain
the
notification
and
certification
in
facility
files.

Exclusion
for
Spent
Wood
Preserving
Solutions
and
Wastewaters
from
Wood
Preserving
Processes
40
CFR
261.4(
a)(
9)(
iii)
requires
that
facilities
generating
and
recovering
wood
preserving
wastewaters
and
spent
wood
preserving
solutions
provide
EPA
(
or
the
authorized
State)
with
a
one­
time
notification
which
certifies
that
the
plant
meets
all
the
conditions
under
section
261.4(
a)(
9)(
iii)
and
provides
the
date
on
which
the
plant
operator
certifies
that
the
exclusion
will
go
into
effect.

(
i)
Data
items:


A
notification
which
certifies
that
the
recycling
activities
will
meet
the
conditions
set
forth
in
section
261.4(
a)(
9)(
iii);
and
°
A
notification
of
violation
and
reinstatement.
19
(
ii)
Respondent
activities:

Facilities
seeking
an
exemption
under
section
261.4(
a)(
9)(
iii)
must:


Prepare
and
submit
the
notification
to
EPA
or
the
authorized
State;
and

Update
the
notification
to
inform
EPA
of
a
violation
of
a
condition
and
apply
for
reinstatement,
if
needed.

Exclusion
for
Secondary
Materials
from
the
Mineral
Processing
Industry
40
CFR
261.4(
a)(
17)(
iv)
provides
that
the
Regional
Administrator
or
the
State
Director
may
make
a
site­
specific
determination,
after
public
review
and
comment,
that
only
solid
mineral
processing
secondary
materials
may
be
placed
on
pads,
rather
than
in
tanks,
containers,
or
buildings.
The
decisionmaker
must
affirm
that
pads
are
designed,
constructed,
and
operated
to
prevent
significant
releases
of
the
secondary
materials
into
the
environment.
The
pads
must
provide
the
same
degree
of
containment
afforded
by
the
non­
RCRA
tanks,
containers
and
buildings
eligible
for
exclusion.

40
CFR
261.4(
a)(
17)(
v)
provides
that
facilities
generating
and
recovering
mineral
processing
secondary
materials
must
provide
EPA
(
or
an
authorized
State)
with
a
one­
time
notification
which
describes:


The
mineral
processing
materials
to
be
recycled;


The
type
and
location
of
storage
units
and
recycling
process;
and

The
annual
quantities
expected
to
be
placed
in
non
land­
based
units.

This
notification
must
be
updated
when
there
is
a
change
in
the
type
of
materials
recycled
or
the
location
of
the
recycling
process.

(
i)
Data
items:


An
application
for
a
site­
specific
determination.


A
notification
describing
the
mineral
processing
materials
to
be
recycled;
type
and
location
of
storage
units
and
recycling
process;
and
annual
quantities
expected
to
be
placed
in
non
land­
based
units.

(
ii)
Respondent
activities:

Facilities
generating
and
recovering
mineral
processing
secondary
materials
must:


Prepare
and
submit
application
for
a
determination;
20

Prepare
and
submit
notification
to
EPA
or
the
authorized
State;
and

Update
notification,
if
needed.

Exclusion
for
Hazardous
Waste
Secondary
Materials
Incorporated
into
Zinc
Fertilizers
40
CFR
261.4(
a)(
20)(
ii)(
A)
requires
generators
and
intermediate
handlers
of
zinc­
bearing
hazardous
waste
secondary
materials
that
are
to
be
incorporated
into
zinc
fertilizers
to
submit
a
one­
time
notification
to
the
Regional
Administrator
or
State
Director.

(
i)
Data
Items
The
one­
time
notification
must
include
the
following
information:

°
Name,
address
and
EPA
ID
number
of
the
generator
facility;

°
When
the
facility
intendes
to
begin
managing
hazardous
secondary
materials
in
accordance
with
the
conditions
in
the
rule.

(
ii)
Respondent
Activity
°
Complete
and
submit
the
one­
time
notification.

40
CFR
261.4(
a)(
20)(
ii)(
C)
requires
secondary
materials
generators
and
intermediate
handlers
to
keep
records
of
shipments
of
excluded
hazardous
secondary
materials
for
no
less
than
three
years.

(
i)
Data
Items
The
shipping
records
must
at
a
minimum
contain
the
following
information:

°
Name
of
the
transporter
and
date
of
the
shipment;

°
Name
and
address
of
the
fertilizer
manufacturer
who
received
the
excluded
material;
and
°
Type
and
quantity
of
excluded
secondary
material
in
each
shipment.

(
ii)
Respondent
Activity
°
Keep
the
following
records
of
shipping
activities:

S
Name
of
the
transporter
and
date
of
the
shipment;

S
Name
and
address
of
the
fertilizer
manufacturer
who
received
the
excluded
material;
and
S
Type
and
quantity
of
excluded
secondary
material
in
each
shipment.
21
40
CFR
261.4(
a)(
20)(
iii)(
B)
requires
manufacturers
of
zinc
fertilizers
or
zinc
fertilizer
ingredients
made
from
excluded
hazardous
secondary
materials
to
submit
a
one­
time
notification
to
the
Regional
Administrator.

(
i)
Data
Items
The
one­
time
notification
must
include
the
following
information:

°
Name
of
the
manufacturer,
address
and
EPA
ID
number
of
the
manufacturing
facility;
and
°
When
the
facility
intends
to
begin
managing
hazardous
secondary
materials
in
accordance
with
the
conditions
in
the
rule.

(
ii)
Respondent
Activity
°
Complete
and
submit
the
one­
time
notification.

Under
proposed
40
CFR
261.4(
a)(
20)(
iii)(
C),
manufacturers
of
zinc
fertilizers
or
zinc
fertilizer
ingredients
made
from
excluded
hazardous
secondary
materials
must
maintain
for
a
minimum
of
three
years
records
of
all
shipments
of
excluded
secondary
materials
received
by
the
manufacturers.

(
i)
Data
Items
The
shipping
records
would
at
a
minimum
contain
the
following
information:

°
Name
and
address
of
the
generating
facility;

°
Name
of
transporter
and
date
the
materials
were
received;

°
Quantity
received;
and
°
Brief
description
of
the
industrial
process
that
generated
the
waste.

(
ii)
Respondent
Activity
°
Keep
the
following
records:

S
Name
and
address
of
the
generating
facility;

S
Name
of
transporter
and
date
the
materials
were
received;

S
Record
of
the
quantity
received;
and
S
Brief
description
of
the
industrial
process
that
generated
the
waste.
22
Under
40
CFR
261.4(
a)(
20)(
iii)(
D),
manufacturers
of
zinc
fertilizers
or
zinc
fertilizer
ingredients
made
from
excluded
hazardous
secondary
materials
must
submit
to
the
Director
an
annual
report
that
identifies
the
total
quantities
of
all
excluded
hazardous
secondary
materials
that
were
used
to
manufacture
zinc
fertilizer
or
zinc
fertilizer
ingredients
in
the
previous
year.

(
i)
Data
Items
The
annual
report
must
include
the
following:

°
Record
of
the
total
quantities
of
all
excluded
hazardous
secondary
materials
that
were
used
to
manufacture
zinc
fertilizer
or
zinc
fertilizer
ingredients
in
the
previous
year;

°
Name
and
address
of
each
generating
facility;
and
°
The
industrial
process(
es)
from
which
the
materials
were
generated.

(
ii)
Respondent
Activity
°
Complete
and
submit
the
annual
report.

Under
40
CFR
261.4(
a)(
21)(
ii),
the
manufacturer
must
perform
sampling
and
analysis
of
the
fertilizer
product
to
determine
compliance
with
the
contaminant
limits
for
metals
no
less
than
every
six
months,
and
for
dioxins
no
less
than
every
twelve
months.
The
manufacturer
may
use
any
reliable
analytical
method
to
demonstrate
that
no
constituent
of
concern
is
present
in
the
product
at
concentrations
above
the
applicable
limits.
It
is
the
responsibility
of
the
manufacturer
to
ensure
that
the
sampling
and
analysis
are
unbiased,
precise,
and
representative
of
the
product(
s)
that
is
introduced
into
commerce.
The
recordkeeping
requirements
for
product
sampling
and
analysis
are
listed
in
40
CFR
261.4(
a)(
21)(
iii),
and
require
the
manufacturer
to
maintain
specified
sampling/
analysis
records
for
no
less
than
three
years.

(
i)
Data
Items
The
records
of
sampling/
analysis
must
include
the
following:

°
The
dates
and
times
product
samples
were
taken,
and
the
dates
the
samples
were
analyzed;

°
The
names
and
qualifications
of
the
person(
s)
taking
the
samples;

°
A
description
of
the
methods
and
equipment
used
to
take
the
samples;

°
The
name
and
address
of
the
laboratory
facility
at
which
analyses
of
the
samples
were
performed;

°
A
description
of
the
analytical
methods
used,
including
any
cleanup
and
sample
preparation
methods;
and
23
°
All
laboratory
analytical
results
used
to
determine
compliance
with
the
contaminant
limits
specified
in
this
paragraph.

(
ii)
Respondent
Activities
°
Sample
and
analyze
the
product
as
specified;
and
°
Keep
records
of
all
sampling
and
analyses
for
three
years.

Exemption
for
Chromium­
Containing
Waste
(
i)
Data
items:

Under
section
261.4(
b)(
6),
a
generator
of
waste
that
fails
the
test
for
Toxicity
Characteristic
because
of
the
presence
of
chromium
may
obtain
a
hazardous
waste
exclusion
if
the
generator
can
demonstrate
that:

°
The
chromium
in
the
waste
is
exclusively
(
or
nearly
exclusively)
trivalent
chromium;

°
The
waste
is
generated
from
an
industrial
process
that
uses
trivalent
chromium
exclusively
(
or
nearly
exclusively),
and
the
process
does
not
generate
hexavalent
chromium;
and
°
The
waste
is
typically
and
frequently
managed
in
non­
oxidizing
environments.

(
ii)
Respondent
activities:

°
The
generator
must
demonstrate
the
chromium­
containing
waste
meets
the
hazardous
waste
exclusion.

Exemption
for
Samples
(
i)
Data
items:

Handlers
of
samples
used
for
the
sole
purpose
of
testing
characteristics
or
composition
under
40
CFR
261.4(
d)
are
not
subject
to
40
CFR
Parts
262
through
268
and
Part
270
when
specified
activities
occur.
These
include
samples
being
transported
to
a
laboratory
for
the
purpose
of
testing,
a
sample
being
transported
back
to
the
sample
collector
after
testing,
a
sample
being
stored
by
the
sample
collector
before
transport
to
a
laboratory
for
testing,
a
sample
being
stored
in
the
laboratory
before
testing,
a
sample
being
stored
in
the
laboratory
after
testing
but
before
it
is
returned
to
the
sample
collector,
or
a
samples
being
stored
temporarily
in
the
laboratory
after
testing
for
a
specific
purpose.
Samples
that
are
not
already
covered
by
DOT
or
USPS
shipping
requirements
must
be
accompanied
by
the
following
information,
as
specified
in
section
261.4(
d)(
2)(
ii)(
A):

°
The
sample
collector's
name,
mailing
address,
and
telephone
number;

°
The
laboratory's
name,
mailing
address,
and
telephone
number;
24
°
The
quantity
of
the
sample;

°
The
date
of
shipment;
and
°
A
description
of
the
sample.
(
ii)
Respondent
activities:

°
Maintain
information
on
the
sample
and
collector
that
shows
that
the
sample
collectors
and
laboratories
are
complying
with
applicable
shipping
requirements.

Exemptions
for
Treatability
Study
Samples
(
i)
Data
items:

Persons
who
generate
or
collect
samples
for
the
purpose
of
conducting
treatability
studies,
as
defined
in
section
260.10,
are
exempt
from
40
CFR
Parts
261,
262,
and
263
and
the
notification
requirements
of
section
3010
of
RCRA
provided
that
the
sample
is
being:
(
1)
collected
and
prepared
for
transportation
by
the
generator
or
sample
collector;
(
2)
accumulated
or
stored
by
the
generator
or
collector
prior
to
transportation
to
a
laboratory
or
testing
facility;
or
(
3)
transported
to
the
laboratory
or
testing
facility
for
the
purpose
of
conducting
a
treatability
study.
To
qualify
for
this
exemption,
the
sample
must
meet
the
quantity
limits
specified
in
section
261.4(
e)(
2).

To
qualify
for
this
exemption,
the
generator
or
sample
collector
must
collect
and
maintain
the
following
information
for
a
period
of
three
years
after
the
completion
of
the
treatability
study:

°
Copies
of
the
shipping
documents;

°
A
copy
of
the
contract
with
the
facility
conducting
the
treatability
study;
and
°
Documentation
showing:

S
The
amount
of
waste
shipped
under
the
exemption;

S
The
name,
address,
and
EPA
identification
number
of
the
laboratory
facility
that
received
the
waste;

S
The
date
the
shipment
was
made;
and
S
Whether
unused
samples
or
residues
were
returned
to
the
generator.

In
addition,
the
generator
reports
information
regarding
volumes
shipped,
laboratory,
dates
of
shipment,
and
return
of
samples
in
its
Biennial
Report.

Persons
who
generate
or
collect
samples
for
the
purpose
of
conducting
treatability
studies
also
may
apply
for
up
to
an
additional
two
years
for
treatability
studies
involving
bioremediation
or
to
increase
the
quantity
limits
on
treatability
study
samples.
The
limits
may
be
increased
for
up
to
an
additional
5,000
kg
of
media
contaminated
with
non­
acute
hazardous
waste,
500
kg
of
non­
acute
hazardous
waste,
2,500
kg
of
25
media
contaminated
with
acute
hazardous
waste,
and
1
kg
of
acute
hazardous
waste
under
certain
circumstances
(
e.
g.,
an
equipment
or
mechanical
failure
during
the
conduct
of
the
treatability
study,
or
a
need
to
verify
the
results
of
a
previously
conducted
treatability
study).
Persons
applying
for
time
or
quantity
limit
increases
under
section
261.4(
e)(
3)
must
submit
the
following
information
to
the
Regional
Administrator:

°
The
reason
why
the
generator
or
sample
collector
requires
additional
time
or
the
quantity
of
sample
for
treatability
study
evaluation;

°
The
amount
of
the
additional
time
or
sample
quantity
needed;

°
Documentation
for
all
samples
of
hazardous
waste
from
the
waste
stream
which
have
been
sent
for
or
undergone
treatability
studies
including
the
date
each
previous
sample
from
the
waste
stream
was
shipped,
the
quantity
of
each
previous
shipment,
the
laboratory
or
testing
facility
to
which
it
was
shipped,
what
treatability
study
processes
were
conducted
on
each
sample
shipped,
and
the
available
results
on
each
treatability
study;

°
A
description
of
the
technical
modifications
or
change
of
specifications
to
be
evaluated,
and
the
expected
results;

°
Information
on
the
cause
of
the
equipment
failure
and
the
remedies
taken
to
prevent
its
future
occurrence
(
if
the
request
for
a
limit
increase
was
due
to
an
equipment
failure);
and
°
Any
additional
information
considered
necessary
by
the
Administrator.

(
ii)
Respondent
activities:

In
order
to
comply
with
the
informational
provisions
in
section
261.4(
e),
generators
or
collectors
of
treatability
study
samples
must
undertake
the
following
activities:

°
Collect,
copy,
file,
and
maintain
information
for
a
period
of
three
years
after
the
completion
of
the
treatability
study;

°
Prepare
and
report
to
EPA
information
regarding
volumes
shipped,
testing
facility,
dates
of
shipment,
and
return
of
samples
in
the
Biennial
Report;

°
If
applying
for
a
quantity
limit
increase
under
§
261.4(
e)(
3),
prepare
and
submit
request;
and
°
If
applying
for
an
extension
of
up
to
two
years
under
§
261.4(
e)(
3)
for
a
treatability
study
involving
bioremediation,
prepare
and
submit
request.

Exemptions
for
Treatability
Study
Samples
Undergoing
Testing
(
i)
Data
items:

Samples
undergoing
treatability
studies
and
laboratories
and
testing
facilities
conducting
such
26
treatability
studies
are
not
subject
to
requirements
at
40
CFR
Parts
124,
261­
266,
268,
and
270,
or
to
the
notification
requirements
of
section
3010
of
RCRA,
provided
that
conditions
detailed
in
section
261.4(
f)
are
met.
These
conditions
include
the
following
informational
requirements:

°
Written
notification
to
the
Regional
Administrator
that
the
facility
intends
to
conduct
treatability
studies
(
45
days
before
testing
is
initiated);

°
Records
showing
compliance
with
the
treatment
rate
limits
and
the
storage
time
and
quantity
limits,
including:

S
The
name,
address,
and
EPA
identification
number
of
the
generator
or
sample
collector
of
each
waste
sample;

S
The
date
the
shipment
was
received;

S
The
quantity
of
the
waste
accepted;

S
The
quantity
of
'
as
received'
waste
in
storage
each
day;

S
The
date
the
treatment
study
was
initiated
and
the
amount
of
'
as
received'
waste
introduced
to
treatment
each
day;

S
The
date
the
treatability
study
was
concluded;
and
S
The
date
any
unused
sample
or
residues
generated
from
the
treatability
sample
were
returned
to
the
generator
or
the
sample
collector
or,
if
sent
to
a
designated
facility,
the
name
of
the
designated
facility
and
its
EPA
identification
number.

°
Copies
of
the
treatability
study
contract
and
all
associated
sample
shipping
papers;

°
An
annual
report
to
the
Regional
Administrator
estimating
the
number
of
treatability
studies
and
the
amount
of
waste
expected
to
be
used
in
treatability
studies
during
the
current
year
and
information
on
the
past
year's
activities,
including:

S
The
name,
address,
and
EPA
identification
number
of
the
facility
conducting
the
treatability
study;

S
The
types
of
treatability
studies
conducted;

S
The
names
and
addresses
of
individuals
for
whom
the
treatability
studies
were
conducted;

S
The
total
quantity
of
waste
in
storage
each
day;

S
The
quantity
and
types
of
waste
subjected
to
treatability
studies
each
day;

S
The
date
each
treatability
study
was
conducted;
and
27
S
The
final
disposition
of
residues
and
unused
samples
from
each
treatability
study.

°
A
letter
informing
the
Regional
Administrator
that
the
facility
is
no
longer
planning
to
conduct
any
treatability
studies
at
the
site.

(
ii)
Respondent
activities:

In
order
to
comply
with
requirements
for
samples
undergoing
treatability
studies
at
testing
facilities
detailed
in
section
261.4(
f),
testing
facility
representatives
must
undertake
the
following
activities:

°
Notify
the
Regional
Administrator
that
the
facility
intends
to
conduct
treatability
tests
(
45
days
before
testing
is
initiated);

°
Maintain
records
for
a
period
of
three
years
after
the
completion
of
the
treatability
study
that
show
compliance
with
the
treatment
rate
limits,
storage
time
and
quantity
limits,
and
contract
and
shipping
paper
requirements;

°
By
March
15
of
each
year,
prepare
and
submit
an
annual
report
to
the
Regional
Administrator
estimating
the
number
of
treatability
studies
and
the
amount
of
waste
expected
to
be
used
in
treatability
studies
during
the
current
year
and
information
on
the
past
year's
activities;
and
°
Prepare
and
submit
a
termination
letter
informing
the
Regional
Administrator
that
the
facility
is
no
longer
planning
to
conduct
any
treatability
studies
at
the
site.

HAZARDOUS
WASTE
LISTING
EXEMPTIONS
Hazardous
Wastes
from
Non­
Specific
Sources
(
i)
Data
items:

Section
261.31(
b)(
2)(
ii)
requires
generators
and
treatment,
storage
and
disposal
facilities
to
prove
that
their
sludges
are
exempt
from
listing
as
F037
and
F038
wastes
by
maintaining,
in
their
operating
or
other
on­
site
records,
the
following
data
items:

°
Documents
and
data
sufficient
to
prove
that:

S
The
unit
is
an
aggressive
biological
treatment
unit;
and
S
The
sludges
sought
to
be
exempted
from
the
definitions
of
F037
and/
or
F038
were
actually
generated
in
the
aggressive
biological
treatment
unit.

(
ii)
Respondent
activities:

To
qualify
for
an
exemption,
a
facility
must
perform
the
following
respondent
activities:
28
°
Develop
data
and
documents
to
support
the
criteria
for
the
exemption;
and
°
Maintain
records
on
site.

Deletion
of
Certain
Hazardous
Waste
Codes
Following
Equipment
Cleaning
and
Replacement
(
i)
Data
items:

Section
261.35
specifies
procedures
that
wood
preserving
plants
that
used
chlorophenolic
formulations
or
constituents
must
follow
to
minimize
or
eliminate
the
escape
of
hazardous
waste
or
constituents,
leachate,
contaminated
drippage,
or
hazardous
waste
decomposition
products
to
ground
water,
surface
water,
or
the
atmosphere.
These
generators
must
either
develop
and
follow
an
equipment
cleaning
plan
or
an
equipment
replacement
plan
containing
the
following
information:

°
A
written
equipment
cleaning
plan
that
describes
the
following:

S
The
equipment
to
be
cleaned;

S
How
the
equipment
will
be
cleaned;

S
The
solvent
to
be
used
in
cleaning;

S
How
the
solvent
rinses
will
be
tested;
and
S
How
cleaning
residues
will
be
disposed.

°
A
written
equipment
replacement
plan
that
describes
the
following:

S
The
equipment
to
be
replaced;

S
How
the
equipment
will
be
replaced;
and
S
How
the
equipment
will
be
disposed.

Generators
also
must
keep
records
documenting
the
cleaning
and
replacement
as
part
of
the
facility's
operating
record.
These
records
must
contain
the
following
information:

°
The
name
and
address
of
the
facility;

°
Formulations
previously
used
and
the
date
on
which
their
use
ceased
in
each
process
at
the
plant;

°
Formulations
currently
used
in
each
process
at
the
plant;

°
The
equipment
cleaning
or
replacement
plan;

°
The
name
and
address
of
any
persons
who
conducted
the
cleaning
or
replacement;

°
The
dates
on
which
cleaning
or
replacement
was
accomplished;

°
The
dates
of
sampling
and
testing;
29
°
A
description
of
the
sample
handling
and
preparation
techniques
used
for
extraction,
containerization,
preservation,
and
chain­
of­
custody
of
the
samples;

°
A
description
of
the
tests
performed,
the
date
the
tests
were
performed,
and
the
results
of
the
tests;
°
The
name
and
model
numbers
of
the
instrument(
s)
used
in
performing
the
tests;

°
Documentation
of
QA/
QC
procedures;
and
°
A
certification
statement
by
an
authorized
representative
stating
that
all
process
equipment
was
cleaned
or
replaced
according
to
the
cleaning
or
replacement
plan.

(
ii)
Respondent
activities:

°
Prepare
an
equipment
cleaning
or
replacement
plan;

°
Prepare
and
maintain
documentation
showing
that
equipment
was
cleaned
or
replaced
in
accordance
with
the
plan;
and
°
Prepare
and
maintain
a
certification
by
an
authorized
representative
that
the
cleaning
or
replacement
occurred
in
accordance
with
the
facility's
plan.
30
3
U.
S.
Environmental
Protection
Agency.
Petitions
to
Delist
Hazardous
Wastes:
A
Guidance
Manual.
April
1985,
EPA/
530­
SW­
85­
003.
5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
AGENCY
ACTIVITIES
REVIEW
OF
RULEMAKING
PETITIONS
EPA
follows
specific
procedures
when
reviewing
all
rulemaking
petitions.
As
specified
under
section
260.22,
the
Agency
will
review
the
information
and
make
a
tentative
decision,
publish
its
tentative
decision
in
the
Federal
Register
and
request
written
comments,
hold
a
public
meeting
(
if
requested
by
an
interested
person
or
at
the
discretion
of
the
Administrator),
review
all
comments,
and
publish
its
final
decision
in
the
Federal
Register.
Depending
on
the
complexity
of
the
petition,
the
Agency
may
spend
significant
time
in
review.

EPA
follows
specific
procedures
in
reviewing
delisting
petitions.
3
All
petitions
received
are
logged
in,
filed,
and
reviewed.
This
initial
review
focuses
on
completeness
of
the
documentation
and
representativeness
of
the
analytical
data.
EPA
may
request
additional
information
if
the
petition
is
judged
incomplete.
When
all
needed
information
is
obtained,
EPA
will
review
the
petition
and
make
a
tentative
determination.
A
workgroup
composed
of
staff
from
different
offices
within
EPA
reviews
these
determinations
to
evaluate
the
quality
and
representativeness
of
the
data.
When
the
workgroup's
comments,
if
any,
are
addressed,
the
Office
of
General
Counsel
reviews
the
determination.
If
the
Office
of
General
Counsel
concurs,
the
determination
is
reviewed
by
the
Assistant
Administrator
for
Solid
Waste
and
Emergency
Response.
The
Assistant
Administrator's
decision
is
published
in
the
Federal
Register,
along
with
a
request
for
comments.
After
public
comments
are
received,
the
review
process
is
repeated
and
concludes
with
the
Assistant
Administrator's
final
decision.

Specific
Agency
activities
consist
of
the
following:

°
Review
petition
information;

°
Request
additional
information,
if
required;

°
Enter
information
into
a
database;

°
Hold
meetings;

°
Deliberate;

°
Make
a
draft
determination
and
publish
draft
FR
notice;

°
Review
comments
and
deliberate;
and
°
Make
determination
and
publish
final
FR
notice.
31
REVIEW
OF
SOLID
WASTE
AND
BOILER
VARIANCE
DEMONSTRATIONS
Agency
activities
associated
with
the
variances
from
classification
as
a
solid
waste
or
classification
as
a
boiler
include
the
following:

°
Review
the
demonstrations
to
verify
whether
they
meet
the
relevant
criteria
as
detailed
in
§
260.31
for
variances
from
classification
as
a
solid
waste,
and
in
§
260.32
for
variances
for
classification
as
a
boiler;

°
Request
additional
information,
if
necessary;

°
Deliberate
and
issue
a
draft
determination;

°
Publicize
the
draft
determination
by
newspaper
advertisement
and
radio
broadcast
in
the
local
area
of
the
petitioner;

°
Hold
a
public
hearing
and
initiate
a
30­
day
public
comment
period;
and
°
Review
comments
and
make
the
final
decision.

REVIEW
OF
HAZARDOUS
WASTE
EXCLUSION
PETITIONS
Agency
activities
associated
with
information
submitted
in
support
of
sections
261.3
and
261.4
exclusions
include
the
following:

°
File
the
nonwastewater
notifications;

°
Review,
approve,
or
deny
the
notifications
and
the
updates,
and
keep
records
of
these
documents;

°
Review
applications
for
site­
specific
determinations
and
keep
records
of
these
documents;

°
Process
hazardous
secondary
materials
generator
notification;

°
Process
zinc
fertilizer
manufacturer
notification;

°
Process
zinc
fertilizer
manufacturer
annual
report;

°
Review
requests
for
quantity
increases
for
treatability
studies
and
issue
a
decision;

°
Review
requests
for
extensions
of
up
to
two
years
for
treatability
studies
and
issue
a
decision;

°
File
notifications
of
testing
of
treatability
samples;

°
File
annual
reports
on
treatability
study
testing;
and
32
°
File
termination
letters
of
treatability
study
testing.

5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
In
collecting
and
analyzing
the
information
required
under
the
identification,
listing,
and
rulemaking
petition
requirements,
EPA
uses
electronic
equipment
such
as
personal
computers
and
applicable
database
software,
when
appropriate.

5(
c)
SMALL
ENTITY
FLEXIBILITY
When
promulgating
the
regulations
covered
under
this
ICR,
EPA
considered
the
effect
of
these
regulations
on
small
businesses.
The
exclusions,
delisting
petitions,
and
other
paperwork
provisions
included
in
Parts
260
and
261
and
presented
in
this
ICR
are
de­
regulatory
in
nature.
They
relieve
facilities
generating
or
managing
certain
types
of
materials
or
wastes
from
the
RCRA
hazardous
waste
regulations.
This
can
benefit
small
and
large
businesses
alike
by
reducing
their
regulatory
burden.
In
addition,
EPA
conditionally
exempts
from
the
hazardous
waste
regulations
sites
that
generate
100
kilograms
or
less
per
month
of
hazardous
waste
(
§
261.5).
EPA
expects
that
a
number
of
these
conditionally
exempt
sites
are
owned
by
small
entities.

5(
d)
COLLECTION
SCHEDULE
Because
rulemaking
petitions
are
voluntarily
submitted,
there
is
no
collection
schedule
for
these
information
requests.
A
discussion
of
a
collection
schedule,
therefore,
is
not
relevant.

The
zinc
fertilizer
rule
(
see
67
FR
48393;
July
24,
2002)
requires
generators
to
submit
to
EPA
a
one­
time
notification
of
their
intent
to
begin
managing
hazardous
secondary
materials
under
the
terms
of
the
exclusion.
Generators
would
keep
a
record
on
site
of
all
shipments
of
hazardous
secondary
materials
for
at
least
three
years.
The
rule
also
requires
manufacturers
to
sample
and
analyze
the
fertilizer
product
to
determine
compliance
with
the
contaminant
limits
for
metals
no
less
than
every
six
months,
and
for
dioxins
no
less
than
every
twelve
months.
In
addition,
manufacturers
will
submit
an
annual
report
to
EPA
describing
the
hazardous
secondary
materials
used
to
make
zinc
fertilizer.
Manufacturers
also
must
keep
a
record
of
all
shipments
of
hazardous
secondary
materials
received
for
at
least
three
years.

Generators
and
collectors
of
treatability
study
samples
must
submit
additional
information
along
with
their
Biennial
Report.
Facilities
with
samples
undergoing
treatability
studies
must
comply
with
the
following
collection
schedule:

°
45
days
before
they
initiate
treatability
studies,
facilities
must
notify
the
Regional
Administrator;

°
By
March
15
of
each
year,
facilities
must
submit
to
the
Regional
Administrator
an
annual
report
regarding
their
treatability
study
activities;
and
°
Upon
determining
to
cease
treatability
studies,
facilities
must
inform
the
Regional
33
Administrator.
34
4
Please
note
that
these
exhibits
may
contain
rounding
errors.
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
BURDEN
This
ICR
is
a
comprehensive
presentation
of
all
of
the
information
collection
activities
required
for
identification,
listing,
and
rulemaking
petition
regulations.
EPA
estimated
respondent
burden
hours
associated
with
all
of
the
requirements
covered
in
this
ICR
in
Exhibits
1­
6
(
see
attachment).
4
Exhibit
1
addresses
the
burden
for
petitioners
to
read
and
understand
the
regulations
for
identification,
listing,
and
rulemaking
petitions.
Exhibit
2
addresses
general
requirements
for
all
rulemaking
petitions
as
well
as
equivalent
testing
or
analytical
method
petitions
and
delisting
petitions.
Exhibit
3
addresses
variances
from
classification
as
a
solid
waste
or
for
classification
as
a
boiler.
Exhibit
4
addresses
provisions
for
obtaining
hazardous
waste
exclusions
and
exemptions
under
sections
261.3
and
261.4.
Exhibit
5
addresses
the
paperwork
requirements
under
sections
261.31
and
261.35.
Each
of
these
exhibits
includes
the
number
of
hours
required
to
conduct
each
information
collection
activity
and
the
cost
associated
with
each
requirement.
Exhibit
6
summarizes
the
total
annual
burden
hours
and
costs
to
respondents
under
all
of
these
provisions.

6(
b)
ESTIMATING
RESPONDENT
COSTS
Estimating
Labor
Costs
EPA
estimates
an
average
hourly
labor
cost
for
respondents
of
$
121.08
for
legal
staff,
$
92.09
for
managerial
staff,
$
60.28
for
technical
staff,
and
$
31.53
for
clerical
staff.
These
wage
rates
are
based
on
salaries,
overhead
and
fringe
benefits
used
in
ICR
#
1189.06,
and
have
been
updated
using
the
Bureau
of
Labor
Statistics'
Employment
Cost
Index
to
2004
levels.

Estimating
Capital
and
Operation
and
Maintenance
Costs
EPA
estimates
there
will
be
no
capital
costs
incurred.
Operation
and
maintenance
(
O&
M)
costs
include
postage,
materials,
and
lump­
sum
purchased
service
costs.
Examples
of
O&
M
costs
include:

°
Laboratory
fees
for
analyzing
samples;

°
Contractor
travel/
lodging
costs;

°
Professional
certifications
for
certain
work
performed;
and
°
Mailing
and
shipping
costs.

6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
Exhibit
7
presents
the
estimated
annual
Agency
burden
and
costs
associated
with
the
requirements
covered
in
this
ICR
(
see
attachment).
The
Agency
labor
costs
are
based
on
the
2004
GS
pay
schedule.
EPA
estimates
an
average
hourly
labor
cost
of
$
78.21
for
legal
staff,
$
49.84
for
managerial
staff,
$
34.90
35
for
technical
staff,
and
$
20.91
for
clerical
staff.

These
hourly
labor
rates
were
derived
by
dividing
the
total
annual
salary
for
each
labor
category
by
2,080,
the
number
of
hours
in
the
standard
work­
year,
and
multiplying
these
hourly
rates
by
1.6
to
account
for
overhead
and
fringe.

6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COST
READING
AND
UNDERSTANDING
THE
REGULATIONS
FOR
IDENTIFICATION,
LISTING,
AND
RULEMAKING
PETITIONS
(
Exhibit
1)

The
petitioner
must
read
and
understand
all
of
the
applicable
regulations
in
40
CFR
Parts
260
and/
or
261.
This
cost
is
a
one­
time
cost.
EPA
estimates
that
all
facilities
submitting
petitions
and
demonstrations
will
read
the
regulations.
Thus,
EPA
estimates
that
155
facilities
will
read
the
pertinent
Part
260
and
261
regulations
each
year.

RULEMAKING
PETITIONS
(
Exhibit
2)

Section
260.20
requires
petitioners
seeking
to
modify
or
revoke
any
provision
in
40
CFR
Parts
260
­
265
and
268
to
submit
specific
information.
Based
on
consultations
with
the
Regions
and
States,
EPA
estimates
that
approximately
21
rulemaking
petitions
will
be
submitted
every
year.

Section
260.21
requires
petitioners
for
equivalent
testing
or
analytical
methods
to
demonstrate
to
the
satisfaction
of
the
Administrator
that
the
proposed
method
is
equal
to
or
superior
to
the
corresponding
method
in
terms
of
its
sensitivity,
accuracy,
and
reproducibility.
EPA
estimates
that
each
year,
one
of
the
21
rulemaking
petitions
submitted
will
be
a
petition
for
equivalent
testing
or
analytical
methods.
The
facility
also
is
expected
to
comply
with
the
section
260.20
general
requirements.

Section
260.22
requires
petitioners
seeking
to
amend
40
CFR
Part
261
to
exclude
a
waste
produced
at
a
particular
facility
to
demonstrate
that
the
waste
does
not
meet
any
hazardous
waste
criteria.
EPA
estimates
that
20
of
the
21
rulemaking
petitions
submitted
annually
will
be
delisting
petitions
for
wastes
produced
at
specific
facilities.
These
facilities
are
also
expected
to
comply
with
the
section
260.20
general
requirements.

SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
(
Exhibit
3)

Section
260.33
requires
facilities
that
request
variances
from
classification
as
a
solid
waste
for
specified
recycled
materials
(
e.
g.,
speculatively
collected
materials)
to
address
the
criteria
contained
in
section
260.31.
EPA
estimates
that
for
each
of
the
three
types
of
variances
described
in
section
260.31,
10
facilities
will
submit
a
request
each
year,
for
a
total
of
30
variance
requests
annually.

Section
260.32
requires
persons
requesting
to
classify
as
a
boiler
certain
enclosed
devices
(
using
controlled
flame
combustion)
to
submit
a
demonstration
addressing
the
criteria
detailed
in
section
260.32.
EPA
estimates
that
one
facility
will
request
this
variance
each
year.

HAZARDOUS
WASTE
EXCLUSIONS
(
Exhibit
4)
36
EPA
estimates
that
one
facility
will
prepare
a
wastewater
exemption
under
section
261.3(
a)(
2)
each
year.
EPA
also
estimates
that
an
additional
facility
will
submit
a
nonwastewater
exemption
under
section
261.3(
c)(
2).

Section
261.4(
a)(
9)(
iii)
allows
facilities
to
exclude
from
being
a
solid
waste
spent
wood
preserving
solutions
and
wastewaters
from
wood
preserving
processes.
EPA
believes
that
most
facilities
have
already
taken
advantage
of
this
exclusion,
but
EPA
conservatively
estimates
that
five
new
facilities
each
year
will
prepare
and
submit
a
notification.
An
additional
15
facilities
will
submit
a
notice
of
violation
and
apply
for
reinstatement
annually.

Section
261.4(
a)(
17)
allows
facilities
to
prepare
an
application
for
a
site­
specific
process
unit
determination
for
their
solid
mineral
processing
materials
and
to
provide
notice
to
EPA.
Note
that
this
exclusion
was
voided
by
the
courts.
Therefore,
no
respondents
are
expected
to
claim
this
exclusion.

Under
section
261.4(
a)(
20)(
ii)(
A),
generators
and
intermediate
handlers
may
obtain
a
hazardous
waste
exclusion
for
zinc­
bearing
hazardous
secondary
materials
that
are
to
be
incorporated
into
zinc
fertilizers.
Section
261,4(
a)(
20)(
iii)(
B),
allows
manufacturers
of
zinc
fertilizers
or
zinc
fertilizer
ingredients
made
from
excluded
hazardous
secondary
materials
to
obtain
a
hazardous
waste
exclusion.
EPA
estimates
that
24
generators
of
zinc­
bearing
hazardous
secondary
materials
used
to
make
fertilizers
and
five
manufacturers
of
zinc
fertilizers
or
zinc
fertilizer
ingredients
will
use
the
conditional
exclusion.
These
facilities
must
submit
a
notification
and
maintain
records.
The
manufacturers
must
also
submit
an
annual
report,
perform
sampling
and
analysis,
and
keep
sampling
and
analysis
records.

EPA
estimates
that
one
facility
will
prepare
a
demonstration
for
chromium­
containing
waste
by
following
the
requirements
in
section
261.4(
b)(
6).

EPA
estimates
that
most
of
the
samples
shipped
to
or
returned
by
a
laboratory
will
be
covered
by
DOT
or
USPS
shipping
requirements.
EPA
estimates
that
45
samples
per
year
will
not
be
covered
by
these
requirements
and
therefore
will
be
subject
to
the
information
requirements
specified
in
section
261.4(
d)(
2)(
ii)(
A).

Section
261.4(
e)(
2)
requires
persons
who
generate
or
collect
samples
for
the
purpose
of
conducting
treatability
studies
to
comply
with
specific
informational
collections.
EPA
estimates
that
two
facilities
will
generate
or
collect
treatability
study
samples
every
year,
and
therefore
will
need
to
collect
and
maintain
information
and
report
to
EPA
in
the
Biennial
Report.

Section
261.4(
e)(
3)
allows
persons
who
generate
or
collect
samples
for
the
purpose
of
conducting
treatability
studies
to
petition
to
increase
the
quantity
limits
on
treatability
study
samples.
EPA
estimates
that
one
of
the
generators
or
collectors
of
treatability
study
samples
will
submit
this
request.
Section
261.4(
e)(
3)
also
provides
for
a
two­
year
extension
for
treatability
studies
involving
bioremediation.
EPA
estimates
that
one
of
the
generators
or
collectors
of
these
samples
will
submit
a
request
for
an
extension.

Section
261.4(
f)
requires
testing
facilities
conducting
treatability
studies
to
comply
with
a
number
of
informational
requirement
provisions.
EPA
estimates
that
two
testing
facilities
will
seek
an
exemption
each
year.
These
facilities
must
submit
a
notification,
maintain
records,
submit
an
annual
report,
and
submit
a
termination
letter
once
testing
has
been
completed.
37
HAZARDOUS
WASTE
LISTING
EXEMPTIONS
(
Exhibit
5)

EPA
estimates
that
one
facility
will
claim
the
section
261.31(
b)(
2)
sludge
hazardous
waste
exemption
each
year.
This
facility
will
maintain
information
supporting
the
criteria
for
exemption.

EPA
estimates
that
one
facility
per
year
will
develop
equipment
cleaning
or
replacement
plans
under
section
261.35,
document
cleaning
or
replacement
in
the
facility
operating
record,
and
certify
that
procedures
were
followed.
38
EXHIBIT
1
READING
THE
REGULATIONS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Reading
and
Understanding
the
Regulations
for
ID,
Listing,
and
Rulemaking
Petitions
Read
the
Regulations
0.25
0.50
1.00
0.00
1.75
$
136.60
$
0.00
$
0.00
155
271.25
$
21,173.00
Total:
Read
the
Regulations
0.25
0.50
1.00
0.00
1.75
$
136.60
$
0.00
$
0.00
155
271.25
$
21,173.00
EXHIBIT
2
RULEMAKING
PETITIONS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Rulemaking
Petitions
General
Requirements
(
260.20)

Describe/
prepare
a
statement
on
proposed
action
3.00
10.00
30.00
14.00
57.00
$
3,533.96
$
0.00
$
9,479.00
21
1,197.00
$
273,272.16
State
the
need
and
justification
for
the
proposed
action
0.00
10.00
100.00
0.00
110.00
$
6,948.90
$
0.00
$
0.00
21
2,310.00
$
145,926.90
Subtotal
3.00
20.00
130.00
14.00
167.00
$
10,482.86
$
0.00
$
9,479.00
21
3,507.00
$
419,199.06
39
EXHIBIT
2,
continued
RULEMAKING
PETITIONS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Equivalent
Methods
Petitions
(
260.21)

Describe
the
proposed
method
0.00
3.00
20.00
1.00
24.00
$
1,513.40
$
0.00
$
0.00
1
24.00
$
1,513.40
Describe
the
proposed
methods'

procedural
steps
and
equipment
0.00
2.00
10.00
1.00
13.00
$
818.51
$
0.00
$
0.00
1
13.00
$
818.51
Describe
wastes/
waste
matrices
for
proposed
method
0.00
3.00
20.00
2.00
25.00
$
1,544.93
$
0.00
$
0.00
1
25.00
$
1,544.93
Compare
results
from
proposed
method
with
results
from
prescribed
method
0.00
2.00
10.00
0.00
12.00
$
786.98
$
0.00
$
0.00
1
12.00
$
786.98
Assess
any
limiting
factors
for
the
proposed
method
0.00
5.00
30.00
2.00
37.00
$
2,331.91
$
0.00
$
0.00
1
37.00
$
2,331.91
Describe
the
quality
and
control
procedures
0.00
3.00
20.00
1.00
24.00
$
1,513.40
$
0.00
$
0.00
1
24.00
$
1,513.40
Provide
any
additional
information
0.00
2.00
10.00
1.00
13.00
$
818.51
$
0.00
$
0.00
1
13.00
$
818.51
Subtotal
0.00
20.00
120.00
8.00
148.00
$
9,327.64
$
0.00
$
0.00
1
148.00
$
9,327.64
Delisting
Petition
(
260.22)

Provide
general
information
on
the
laboratory
conducting
the
tests
0.00
0.00
15.00
0.00
15.00
$
904.20
$
0.00
$
0.00
20
300.00
$
18,084.00
Provide
detailed
information
on
the
individuals
sampling
and
testing
the
waste
samples
0.00
7.50
1.50
1.50
10.50
$
828.39
$
0.00
$
1,400.00
20
210.00
$
44,567.80
Provide
the
dates
of
sampling
and
testing
0.00
0.00
1.50
0.00
1.50
$
90.42
$
0.00
$
0.00
20
30.00
$
1,808.40
Provide
information
on
the
location
of
the
facility
0.00
0.00
1.50
1.50
3.00
$
137.72
$
0.00
$
0.00
20
60.00
$
2,754.30
Describe
the
manufacturing
processes
or
other
operations
and
feed
materials
producing
the
waste
0.00
7.50
150.00
1.50
159.00
$
9,779.97
$
0.00
$
0.00
20
3,180.00
$
195,599.40
40
EXHIBIT
2,
continued
RULEMAKING
PETITIONS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Assess
variability
of
generator's
waste
stream
0.00
0.00
150.00
0.00
150.00
$
9,042.00
$
0.00
$
0.00
20
3,000.00
$
180,840.00
Describe
the
waste
0.00
0.00
30.00
1.50
31.50
$
1,855.70
$
0.00
$
0.00
20
630.00
$
37,113.90
Estimate
the
average
maximum
monthly
and
annual
quantities
of
waste
covered
by
the
demonstration
0.00
0.00
30.00
0.00
30.00
$
1,808.40
$
0.00
$
0.00
20
600.00
$
36,168.00
Provide
pertinent
data
on
discussion
of
factors
per
261.11(
a)(
3)
0.00
0.00
75.00
1.50
76.50
$
4,568.30
$
0.00
$
0.00
20
1,530.00
$
91,365.90
Describe
the
methodologies
and
equipment
used
for
representative
samples
0.00
0.00
60.00
1.50
61.50
$
3,664.10
$
0.00
$
28,006.00
20
1,230.00
$
633,401.90
Describe
the
sample
handling
and
preparation
techniques
0.00
0.00
30.00
1.50
31.50
$
1,855.70
$
0.00
$
0.00
20
630.00
$
37,113.90
Describe
the
tests
performed
and
their
results
0.00
0.00
1.50
1.50
3.00
$
137.72
$
0.00
$
4,847.00
20
60.00
$
99,694.30
Provide
the
name
and
model
numbers
of
instruments
used
0.00
0.00
1.50
1.50
3.00
$
137.72
$
0.00
$
0.00
20
60.00
$
2,754.30
Certify
petition
0.00
1.50
0.00
0.00
1.50
$
138.14
$
0.00
$
0.00
20
30.00
$
2,762.70
Provide
any
additional
information
0.00
6.00
37.50
0.00
43.50
$
2,813.04
$
0.00
$
0.00
20
870.00
$
56,260.80
Subtotal
0.00
22.50
585.00
13.50
621.00
$
37,761.48
$
0.00
$
34,253.00
20
12,420.00
$
1,440,289.60
Total:
Rulemaking
Petitions
varies
varies
varies
varies
varies
$
57,571.98
$
0.00
$
43,732.00
varies
16,075.00
$
1,868,816.30
41
EXHIBIT
3
SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Solid
Waste
and
Boiler
Variance
Requirements
Variance
from
Classification
as
a
Solid
Waste
(
260.31)(
a)
and
260.33(
a))

Provide
information
on
the
manner
in
which
the
material
is
expected
to
be
recycled
0.00
0.00
30.00
0.00
30.00
$
1,808.40
$
0.00
$
22.00
10
300.00
$
18,304.00
Explain
why
the
petitioner
has
accumulated
for
one
or
more
years
without
recycling
75%
of
the
volume
accumulated
at
the
beginning
of
the
year
0.00
0.00
5.00
0.00
5.00
$
301.40
$
0.00
$
0.00
10
50.00
$
3,014.00
Provide
information
on
the
quantity
of
material
already
accumulated
and
the
quantity
expected
to
be
generated
and
accumulated
before
the
material
is
recycled
0.00
0.00
24.00
0.00
24.00
$
1,446.72
$
0.00
$
0.00
10
240.00
$
14,467.20
Provide
information
on
the
extent
to
which
the
material
is
handled
to
minimize
loss
0.00
0.00
6.00
0.00
6.00
$
361.68
$
0.00
$
0.00
10
60.00
$
3,616.80
Provide
any
additional
relevant
info.
0.00
0.00
10.00
0.00
10.00
$
602.80
$
0.00
$
0.00
10
100.00
$
6,028.00
Subtotal
0.00
0.00
75.00
0.00
75.00
$
4,521.00
$
0.00
$
22.00
10
750.00
$
45,430.00
Variance
From
Classification
as
a
Solid
Waste
(
260.31(
b)
and
260.33(
a))

Provide
information
on
the
economic
viability
of
the
production
process
using
virgin
materials
solely,
rather
than
reclaimed
materials
0.00
0.00
40.00
0.00
40.00
$
2,411.20
$
0.00
$
22.00
10
400.00
$
24,332.00
42
EXHIBIT
3,
continued
SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Describe
the
industry­
wide
prevalence
of
the
practice
0.00
0.00
20.00
0.00
20.00
$
1,205.60
$
0.00
$
0.00
10
200.00
$
12,056.00
Describe
the
extent
to
which
the
material
is
handled
before
reclamation
to
minimize
loss
0.00
0.00
24.00
0.00
24.00
$
1,446.72
$
0.00
$
0.00
10
240.00
$
14,467.20
Describe
the
time
periods
between
material
generation
and
reclamation,

and
between
reclamation
and
return
to
original
primary
production
process
0.00
0.00
20.00
0.00
20.00
$
1,205.60
$
0.00
$
0.00
10
200.00
$
12,056.00
Describe
the
location
of
the
reclamation
operation
and
production
process
0.00
0.00
1.00
0.00
1.00
$
60.28
$
0.00
$
0.00
10
10.00
$
602.80
Describe
whether
the
reclaimed
material
is
used
for
the
purpose
for
which
it
was
originally
produced
when
returned
to
the
original
process
0.00
0.00
20.00
0.00
20.00
$
1,205.60
$
0.00
$
0.00
10
200.00
$
12,056.00
Describe
whether
the
person
who
generates
the
material
also
reclaims
it
0.00
0.00
1.00
0.00
1.00
$
60.28
$
0.00
$
0.00
10
10.00
$
602.80
Provide
any
additional
relevant
information
0.00
0.00
20.00
0.00
20.00
$
1,205.60
$
0.00
$
0.00
10
200.00
$
12,056.00
Subtotal
0.00
0.00
146.00
0.00
146.00
$
8,800.88
$
0.00
$
22.00
10
1,460.00
$
88,228.80
43
EXHIBIT
3,
continued
SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Variance
From
Classification
as
a
Solid
Waste
(
260.31(
c)
and
260.33(
a))

Provide
information
on
the
degree
of
processing
the
material
has
undergone
and
the
degree
of
further
processing
that
is
required
0.00
0.00
40.00
0.00
40.00
$
2,411.20
$
0.00
$
22.00
10
400.00
$
24,332.00
Provide
information
on
the
value
of
the
reclaimed
material
0.00
0.00
16.00
0.00
16.00
$
964.48
$
0.00
$
0.00
10
160.00
$
9,644.80
Describe
the
degree
to
which
the
reclaimed
material
is
like
an
analogous
raw
material
0.00
0.00
40.00
0.00
40.00
$
2,411.20
$
0.00
$
0.00
10
400.00
$
24,112.00
Examine
the
extent
to
which
an
end
market
for
the
reclaimed
material
is
guaranteed
0.00
0.00
20.00
0.00
20.00
$
1,205.60
$
0.00
$
0.00
10
200.00
$
12,056.00
Describe
the
extent
to
which
the
reclaimed
material
is
handled
to
minimize
loss
0.00
0.00
6.00
0.00
6.00
$
361.68
$
0.00
$
0.00
10
60.00
$
3,616.80
Provide
any
additional
relevant
information
0.00
0.00
20.00
0.00
20.00
$
1,205.60
$
0.00
$
0.00
10
200.00
$
12,056.00
Subtotal
0.00
0.00
142.00
0.00
142.00
$
8,559.76
$
0.00
$
22.00
10
1,420.00
$
85,817.60
44
EXHIBIT
3,
continued
SOLID
WASTE
AND
BOILER
VARIANCE
REQUIREMENTS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Variance
for
Classification
as
a
Boiler
(
260.32
and
260.33(
a))

Describe
the
extent
to
which
the
unit
has
provisions
for
recovering
and
exporting
thermal
energy
from
steam,

heated
fluids,
or
heated
gases
0.00
1.00
10.00
0.00
11.00
$
694.89
$
0.00
$
0.00
1
11.00
$
694.89
Describe
the
extent
to
which
the
combustion
chamber
and
energy
recovery
equipment
are
of
integral
design
0.00
1.00
20.00
0.00
21.00
$
1,297.69
$
0.00
$
0.00
1
21.00
$
1,297.69
Describe
the
efficiency
of
energy
recovery,
calculated
in
terms
of
the
recovered
energy
compared
with
the
thermal
value
of
fuel
0.00
1.00
20.00
4.00
25.00
$
1,423.81
$
0.00
$
0.00
1
25.00
$
1,423.81
Describe
the
extent
to
which
exported
energy
is
utilized
0.00
0.00
16.00
3.00
19.00
$
1,059.07
$
0.00
$
0.00
1
19.00
$
1,059.07
Describe
the
extent
to
which
the
device
is
in
common
and
customary
use
as
a
'
boiler'
functioning
primarily
to
produce
steam,
heated
fluids,
or
heated
gases
0.00
1.00
20.00
1.00
22.00
$
1,329.22
$
0.00
$
0.00
1
22.00
$
1,329.22
Provide
any
additional
relevant
information
0.00
0.00
10.00
8.00
18.00
$
855.04
$
0.00
$
0.00
1
18.00
$
855.04
Subtotal
0.00
4.00
96.00
16.00
116.00
$
6,659.72
$
0.00
$
0.00
1
116.00
$
6,659.72
Total:
Solid
Waste
and
Boiler
Variance
Requirements
varies
varies
varies
varies
479.00
$
28,541.36
$
0.00
$
66.00
varies
3,746.00
$
226,136.12
45
EXHIBIT
4
EXCLUSIONS
FROM
THE
DEFINITION
OF
HAZARDOUS
WASTE
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Hazardous
Waste
Exclusions
Wastewater
Exemption
(
261.3(
a)(
2)(
iv))

Demonstrate
the
wastewater
exclusion
0.00
4.00
16.00
8.00
28.00
$
1,585.08
$
0.00
$
5.00
1
28.00
$
1,590.08
Nonwastewater
Exemption
(
261.3(
c)(
2)(
ii)(
C))

Prepare
and
submit
notification
and
certification
0.00
1.00
1.00
1.50
3.50
$
199.67
$
0.00
$
11.00
1
3.50
$
210.67
Maintain
documents
in
facility
files
0.00
0.00
0.00
0.50
0.50
$
15.77
$
0.00
$
0.00
1
0.50
$
15.77
Exclusion
for
Spent
Wood
Preserving
Solutions
and
Wastewaters
from
Wood
Preserving
Processes
(
261.4(
a)(
9)(
iii))

Prepare
and
submit
notification
0.00
0.50
1.00
6.00
7.50
$
295.51
$
0.00
$
3.00
5
37.50
$
1,492.53
Update
notification,
if
needed
0.00
1.00
8.00
2.00
11.00
$
637.39
$
0.00
$
3.00
15
165.00
$
9,605.85
Exclusion
for
Secondary
Materials
from
the
Mineral
Processing
Industry
(
261.4(
a)(
17))

Prepare
and
submit
application
0.00
1.00
8.00
1.00
10.00
$
605.86
$
0.00
$
3.00
0
0.00
$
0.00
Prepare
and
submit
notification
0.00
0.50
1.00
8.00
9.50
$
358.57
$
0.00
$
3.00
0
0.00
$
0.00
Update
notification,
if
needed
0.00
0.25
0.50
9.00
9.75
$
336.93
$
0.00
$
3.00
0
0.00
$
0.00
Exclusion
for
Recycled
Hazardous
Secondary
Materials
to
Make
Zinc
Fertilizer
Products
(
261.4(
a)(
20)­(
21))

Requirements
for
Generators
Notification
(
261.4(
a)(
20)(
ii)(
B))

Complete
and
submit
notification
0.00
0.10
0.25
0.00
0.35
$
24.28
$
0.00
$
3.00
8
2.80
$
218.24
Record
of
Shipments
(
261.4(
a)(
ii)(
C))

Keep
records
of
shipping
activities
0.00
0.00
0.00
0.10
0.10
$
3.15
$
0.00
$
0.00
24
2.40
$
75.60
46
EXHIBIT
4,
continued
EXCLUSIONS
FROM
THE
DEFINITION
OF
HAZARDOUS
WASTE
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Requirements
for
Manufacturers
Notification
(
261.4(
a)(
20)(
iii)(
B))

Complete
and
submit
notification
0.00
0.10
0.25
0.00
0.35
$
24.28
$
0.00
$
3.00
2
0.70
$
54.56
Record
of
Shipments
(
261.4(
a)(
iii)(
C))

Keep
records
of
shipping
activities
0.00
0.00
0.00
0.10
0.10
$
3.15
$
0.00
$
0.00
5
0.50
$
15.75
Annual
report
(
261.4(
a)(
20)(
iii)(
D))

Complete
and
submit
the
annual
report
0.00
0.25
2.00
0.50
2.75
$
159.35
$
0.00
$
3.00
5
13.75
$
811.75
Product
sampling
and
analysis
(
261.4(
a)(
21)(
ii)(
iii))

Sample
and
analyze
the
product
0.00
0.00
1.00
0.00
1.00
$
60.28
$
0.00
$
1,800.00
5
5.00
$
9,301.40
Keep
sampling
and
analysis
records
0.00
0.00
0.00
0.10
0.10
$
3.15
$
0.00
$
0.00
5
0.50
$
15.75
Exemption
for
Chromium­
Containing
Waste
(
261.4(
b)(
6))
Demonstrate
the
waste
meets
the
hazardous
waste
exclusion
0.00
4.00
16.00
8.00
28.00
$
1,585.08
$
0.00
$
5.00
1
28.00
$
1,590.08
Exemption
for
Samples
(
261.4(
d)(
2)(
ii)(
A))

Collect
and
maintain
information
on
the
sample
and
the
collector
0.00
1.00
16.00
4.00
21.00
$
1,182.69
$
0.00
$
5.00
45
945.00
$
53,446.05
47
EXHIBIT
4,
continued
EXCLUSIONS
FROM
THE
DEFINITION
OF
HAZARDOUS
WASTE
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Exemption
for
Treatability
Study
Samples
(
261.4)(
e)(
2)­(
3))

Collect,
copy,
file
and
maintain
the
required
information
0.00
0.00
4.00
0.00
4.00
$
241.12
$
0.00
$
22.00
2
8.00
$
526.24
Prepare
and
report
to
EPA
required
information
(
in
the
Biennial
Report)*
0.00
0.00
4.00
0.00
4.00
$
241.12
$
0.00
$
0.00
2
8.00
$
482.24
Prepare
and
submit
a
request
for
an
increase
of
the
quantity
limit
0.00
1.00
4.00
1.00
6.00
$
364.74
$
0.00
$
0.00
1
6.00
$
364.74
Prepare
and
submit
a
request
for
an
extension
of
up
to
two
years
for
treatability
studies
involving
bioremediation
0.00
1.00
4.00
1.00
6.00
$
364.74
$
0.00
$
0.00
1
6.00
$
364.74
Exemption
for
Treatability
Study
Samples
Undergoing
Testing
(
261.4)(
f))

Notify
the
Regional
Administrator
0.00
1.00
0.00
1.00
2.00
$
123.62
$
0.00
$
11.00
2
4.00
$
269.24
Maintain
records
for
three
years
0.00
0.00
0.00
1.00
1.00
$
31.53
$
0.00
$
5.00
2
2.00
$
73.06
Prepare
and
submit
the
annual
report
0.00
2.00
10.00
4.00
16.00
$
913.10
$
0.00
$
11.00
2
32.00
$
1,848.20
Prepare
and
submit
the
termination
letter
0.00
1.00
0.00
2.00
3.00
$
155.15
$
0.00
$
11.00
2
6.00
$
332.30
Total:
Exclusions
varies
varies
varies
varies
175.50
$
9,515.29
$
0.00
$
1,910.00
varies
1,305.15
$
82,704.83
*
Assumes
all
generators
and
collectors
must
submit
Biennial
Reports
48
EXHIBIT
5
HAZARDOUS
WASTE
LISTING
EXEMPTIONS
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
Activity
Total
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Capital/
Respon.
Total
Total
INFORMATION
COLLECTION
$
121.08
$
92.09
$
60.28
$
31.53
Hours/
Cost/
Startup
O
&
M
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Cost
Cost
Activ.
Year
Year
Hazardous
Waste
Listing
Exemptions
Hazardous
Wastes
from
Non­
Specific
Sources
(
261.31(
b)(
2)(
ii))

Develop
data
and
documents
to
support
criteria
for
exemption
0.00
4.00
40.00
6.00
50.00
$
2,968.74
$
0.00
$
0.00
1
50.00
$
2,968.74
Maintain
records
0.00
0.00
0.00
2.00
2.00
$
63.06
$
0.00
$
11.00
1
2.00
$
74.06
Subtotal
0.00
4.00
40.00
8.00
52.00
$
3,031.80
$
0.00
$
11.00
1
52.00
$
3,042.80
Deletion
of
Certain
Hazardous
Waste
Codes
Following
Equipment
Cleaning
and
Replacement
(
261.35)
Prepare
equipment
cleaning
or
replacement
plan
0.00
0.00
24.00
8.00
32.00
$
1,698.96
$
0.00
$
11.00
1
32.00
$
1,709.96
Prepare
and
maintain
documentation
supporting
cleaning/
replacement
of
equipment
in
accordance
with
plan
0.00
2.00
16.00
9.00
27.00
$
1,432.43
$
0.00
$
1,088.00
1
27.00
$
2,520.43
Prepare
and
maintain
certification
that
equipment
was
cleaned
or
replaced
in
accordance
with
plan
0.00
2.00
0.00
1.00
3.00
$
215.71
$
0.00
$
0.00
1
3.00
$
215.71
Subtotal
0.00
4.00
40.00
18.00
62.00
$
3,347.10
$
0.00
$
1,099.00
1
62.00
$
4,446.10
Total:
Lists
of
Hazardous
Waste
varies
varies
varies
varies
114.00
$
6,378.90
$
0.00
$
1,110.00
varies
114.00
$
7,488.90
49
EXHIBIT
6
TOTAL
ANNUAL
ESTIMATED
RESPONDENT
BURDEN
INFORMATION
COLLECTION
Number
of
Number
of
Total
Total
Labor
Total
Capital
Total
O&
M
Total
ACTIVITY
Respondents
Activities
Hours/
Year
Cost
/
Year
Cost
/
Year
Cost
/
Year
Cost/
Year
Reading
the
Regulations
155
1
271
$
21,173
$
0
$
0
$
21,173
Rulemaking
Petitions
varies
2
16,075
$
984,697
$
0
$
884,119
$
1,868,816
Solid
Waste
and
Boiler
Variances
varies
4
3,746
$
225,476
$
0
$
660
$
226,136
Hazardous
Waste
Exclusions
varies
9
1,305
$
73,226
$
0
$
9,470
$
82,705
Hazardous
Waste
Listing
Exemptions
varies
2
114
$
6,379
$
0
$
1,110
$
7,489
TOTAL
ANNUAL
BURDEN
varies
18
21,511
$
1,310,951
$
0
$
895,359
$
2,206,319
EXHIBIT
7
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
ActivityTotal
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Respon.
Total
Total
INFORMATION
COLLECTION
$
78.21
$
49.84
$
34.90
$
20.91
Hours/
Cost/
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Activ.
Year
Year
Review
of
Equivalent
Methods
Petitions
(
260.20
and
260.21)

Review
general
petition
information
0.00
3.00
20.00
0.00
23.00
$
847.52
1
23.00
$
847.52
Request
additional
information
if
required
0.00
0.00
2.00
1.00
3.00
$
90.71
1
3.00
$
90.71
Enter
information
into
a
database
0.00
0.00
6.00
2.00
8.00
$
251.22
1
8.00
$
251.22
Hold
meetings
0.00
1.00
8.00
0.00
9.00
$
329.04
1
9.00
$
329.04
Deliberate
0.00
2.00
18.00
0.00
20.00
$
727.88
1
20.00
$
727.88
Make
a
draft
determination,
and
publish
draft
Federal
Register
Notice
10.00
3.00
25.00
4.00
42.00
$
1,887.76
1
42.00
$
1,887.76
Review
comments
and
deliberate
4.00
2.00
10.00
0.00
16.00
$
761.52
1
16.00
$
761.52
Make
determination
and
publish
final
Federal
Register
notice
6.00
2.00
24.00
5.00
37.00
$
1,511.09
1
37.00
$
1,511.09
Subtotal
20.00
13.00
113.00
12.00
158.00
$
6,406.74
1
158.00
$
6,406.74
50
EXHIBIT
7,
continued
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
ActivityTotal
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Respon.
Total
Total
INFORMATION
COLLECTION
$
78.21
$
49.84
$
34.90
$
20.91
Hours/
Cost/
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Activ.
Year
Year
Review
of
Delisting
Petitions
(
260.20
and
260.22)

Review
general
petition
information
8.00
2.00
133.00
12.00
155.00
$
5,617.98
20
3,100.00
$
112,359.60
Request
additional
information
if
required
8.00
2.00
41.00
4.00
55.00
$
2,239.90
20
1,100.00
$
44,798.00
Enter
information
into
a
database
0.00
0.00
17.00
0.00
17.00
$
593.30
20
340.00
$
11,866.00
Hold
meetings
3.00
7.00
7.00
3.00
20.00
$
890.54
20
400.00
$
17,810.80
Deliberate*
25.00
8.00
58.00
8.00
99.00
$
4,545.45
15
1,485.00
$
68,181.75
Make
a
draft
determination,
and
publish
draft
Federal
Register
Notice
8.00
25.00
99.00
20.00
152.00
$
5,744.98
15
2,280.00
$
86,174.70
Review
comments
and
deliberate
16.00
25.00
83.00
0.00
124.00
$
5,394.06
15
1,860.00
$
80,910.90
Make
determination
and
publish
final
Federal
Register
notice
16.00
4.00
21.00
4.00
45.00
$
2,267.26
15
675.00
$
34,008.90
Subtotal
84.00
73.00
459.00
51.00
667.00
$
27,293.47
varies
11,240.00
$
456,110.65
Review
of
Solid
Waste
and
Boiler
Variance
Demonstrations
(
260.31(
a),(
b),(
c),
260.32,
and
260.33(
a))

Review
the
demonstrations
0.00
4.00
33.00
0.00
37.00
$
1,351.06
31
1,147.00
$
41,882.86
Request
additional
information
if
necessary
0.00
0.00
1.00
3.00
4.00
$
97.63
31
124.00
$
3,026.53
Deliberate
and
issue
draft
determination
7.00
3.00
46.00
4.00
60.00
$
2,386.03
31
1,860.00
$
73,966.93
Publicize
draft
determination
0.00
0.00
3.00
8.00
11.00
$
271.98
31
341.00
$
8,431.38
Hold
hearing,
if
required
0.00
1.00
40.00
3.00
44.00
$
1,508.57
31
1,364.00
$
46,765.67
Review
comments
and
make
final
determination
4.00
3.00
42.00
4.00
53.00
$
2,011.80
31
1,643.00
$
62,365.80
Subtotal
11.00
11.00
165.00
22.00
209.00
$
7,627.07
31
6,479.00
$
236,439.17
51
EXHIBIT
7,
continued
ANNUAL
ESTIMATED
AGENCY
BURDEN
AND
COST
Hours
and
Costs
Per
Respondent
Per
ActivityTotal
Hours
and
Costs
Number
of
Leg.
Mgr.
Tech.
Cler.
Respon.
Labor
Respon.
Total
Total
INFORMATION
COLLECTION
$
78.21
$
49.84
$
34.90
$
20.91
Hours/
Cost/
or
Hours/
Cost/

ACTIVITY
/
Hour
/
Hour
/
Hour
/
Hour
Year
Year
Activ.
Year
Year
Review
of
Hazardous
Waste
Exclusion
Petitions
(
261.3
and
261.4)

File
nonwastewater
notification
0.00
0.00
1.00
1.00
2.00
$
55.81
1
2.00
$
55.81
Review,
approve,
or
deny,
and
keep
records
of
the
notifications
and
updates
0.00
0.00
2.00
0.25
2.25
$
75.03
20
45.00
$
1,500.55
Review
and
keep
records
of
applications
0.00
0.00
0.25
0.25
0.50
$
13.95
0
0.00
$
0.00
Process
haz.
materials
generator
notification
0.00
0.00
0.25
0.10
0.35
$
10.82
8
2.80
$
86.53
Process
zinc
fertilizer
manufacturer
notification
0.00
0.00
0.25
0.10
0.35
$
10.82
2
0.70
$
21.64
Process
zinc
fertilizer
manufacturer
annual
report
0.00
0.00
1.00
0.10
1.10
$
36.99
5
5.50
$
184.96
Review
requests
for
quantity
increases
for
treatability
study
and
issue
decision
0.00
0.00
3.00
0.00
3.00
$
104.70
1
3.00
$
104.70
Review
requests
for
two­
year
extension
of
treatability
study
and
issue
decision
0.00
0.00
3.00
0.00
3.00
$
104.70
1
3.00
$
104.70
File
notification
of
testing
of
treatability
sample
0.00
0.00
1.00
1.00
2.00
$
55.81
2
4.00
$
111.62
File
annual
report
on
treatability
study
testing
0.00
0.00
1.00
1.00
2.00
$
55.81
2
4.00
$
111.62
File
termination
letter
of
treatability
study
testing
0.00
0.00
1.00
1.00
2.00
$
55.81
2
4.00
$
111.62
Subtotal
0.00
0.00
13.75
4.80
18.55
$
580.24
varies
74.00
$
2,393.74
TOTAL:
AGENCY
ACTIVITIES
varies
varies
varies
varies
varies
varies
varies
17,951.00
$
701,350.30
*
Assumes
that
five
submissions
will
be
withdrawn
at
the
draft
determination
stage
52
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COSTS
Respondent
Tally
As
shown
in
Exhibit
6,
EPA
estimates
a
total
respondent
burden
of
21,511
hours
per
year
at
a
cost
of
$
2,206,319.
The
bottom
line
burden
to
respondents
over
three
years
is
64,533
hours,
with
a
cost
of
approximately
$
6,618,957.

Agency
Tally
As
shown
in
Exhibit
7,
EPA
estimates
an
annual
Agency
burden
of
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
This
ICR
(
i.
e.,
#
1189.14)
consolidates
and
replaces
two
previously
approved
ICRs
on
the
Part
260
and
261
paperwork
requirements.
The
ICR
entitled,
"
Identification,
Listing,
and
Rulemaking
Petitions,"
ICR
#
1189.09,
was
the
previously
approved
"
base"
ICR
for
the
Part
260
and
261
requirements.
The
ICR
entitled,
"
Zinc
Fertilizers
Made
from
Recycled
Hazardous
Secondary
Materials,"
ICR
#
1189.11,
amended
1189.09
by
adding
the
zinc
fertilizer
exclusion.
Collectively,
these
two
ICRs
estimated
an
annual
respondent
burden
of
20,810
hours.

The
annual
respondent
burden
in
this
current
ICR
(#
1189.14)
is
estimated
to
be
21,511
hours,
which
is
an
increase
of
701
hours
from
the
previous
ICRs.
This
increase
in
estimated
burden
occurred
primarily
because
respondents
are
expected
to
submit
a
greater
number
of
relatively
more
complex
delisting
petitions
to
EPA.

Based
on
consultations
with
EPA
Regions
and
the
regulated
community,
EPA
believes
that
the
annual
estimate
for
the
number
of
respondents
that
will
prepare
and
submit
new
delisting
petitions
to
the
Regions
will
remain
at
20
as
in
the
previous
ICR.
However,
based
on
consultations
with
the
regulated
community,
EPA
has
slightly
increased
its
estimate
of
the
amount
of
time
respondents
will
spend
on
preparing
the
delisting
petitions.
This
increase
is
based
largely
on
the
expectation
that
respondents
will
be
submitting
a
greater
number
of
relatively
more
complex
delisting
petitions.
For
example,
the
delisting
petitions
could
be
for
hazardous
wastes
from
multiple
facilities
(
multi­
site
delisting
petitions)
or
mixed
wastes
(
combination
of
hazardous
and
radioactive
wastes)
from
Department
of
Defense
(
DOD)
and
Department
of
Energy
(
DOE)
facilities.
These
type
of
delisting
petitions
usually
have
a
greater
number
of
issues
that
respondents
must
address
prior
to
their
submission
to
the
Regions
for
review.
Therefore,
EPA
estimates
that
the
average
burden
per
respondent
for
preparing
a
delisting
petition
will
increase
from
748
hours
in
the
previous
ICR
to788
hours
in
this
ICR.

The
annual
estimated
number
of
respondents
petitioning
for
variances
from
solid
waste
and
for
hazardous
waste
exclusions
and
exemptions,
based
on
consultations
with
the
Regions
and
States,
has
been
assumed
to
be
the
same
as
in
the
previous
ICR.
Therefore,
EPA
estimates
that
the
average
hourly
burden
per
respondent
for
these
types
of
petitions
will
remain
unchanged
from
the
previous
ICR.
53
6(
g)
BURDEN
STATEMENT
The
annual
public
reporting
and
recordkeeping
burden
for
each
type
of
petition
or
demonstration
submitted
under
provisions
covered
in
this
collection
of
information
is
estimated
as
average
hours
per
respondent
(
see
Exhibit
8
below).

EXHIBIT
8
AVERAGE
RESPONDENT
BURDEN
Average
Average
Record­
Reporting
keeping
Burden
per
Burden
per
Type
of
Petition
or
Demonstration
Respondent
Respondent
Equivalent
Methods
Petitions
315.00
1.75
Delisting
Petition
788.00
1.75
Solid
Waste
Variance
121.00
1.75
Boiler
Variance
116.00
1.75
Wastewater
Exemption
28.00
1.75
Nonwastewater
Exemption
3.50
2.25
Wood
Preserving
Processes
Exclusion
18.50
1.75
Mineral
Processing
Exclusion
29.25
1.75
Zinc
Fertilizer
Exclusion
4.45
2.05
Chromium
Exemption
28.00
1.75
Exemption
for
Samples
21.00
1.75
Exemption
for
Treatability
Study
Samples
16.00
5.75
Exemption
for
Treatability
Study
Samples
Undergoing
Testing
21.00
2.75
Exemption
for
Waste
from
Non­
Specific
Sources
0.00
53.75
Equipment
Cleaning
and
Replacement
0.00
63.75
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.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
number
RCRA­
2004­
0007,
which
is
available
for
public
viewing
at
the
Office
of
Solid
Waste
and
Emergency
Response
(
OSWER)
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
OSWER
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
54
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
2004­
0007)
and
OMB
control
number
(
2050­
0053)
in
any
correspondence.
55
ATTACHMENT
56
INFORMATION
COLLECTION
REQUEST
1189.14
BURDEN
ESTIMATE
METHODOLOGY
August
2004
Introduction
40
CFR
Parts
260
and
261
contain
provisions
that
allow
regulated
entities
to
apply
for
petitions,
variances,
exclusions,
and
exemptions
from
various
RCRA
requirements.
This
application
process
entails
some
amount
of
burden
that
is
shouldered
by
the
regulated
community
and
EPA
staff.
In
accordance
with
the
1995
Paperwork
Reduction
Act
(
as
amended),
EPA
must
estimate
respondent
and
Agency
burden
associated
with
all
regulatory
activities,
including
the
petitions,
variances,
exclusions,
and
exemptions
allowed
for
in
40
CFR
Parts
260
and
261.
Once
burden
estimates
are
developed,
EPA
submits
an
Information
Collection
Request
(
ICR)
to
the
Office
of
Management
and
Budget
(
OMB)
for
approval.
This
document
describes
the
methodology
for
updating
burden
estimates
for
the
renewal
of
the
ICR
covering
the
regulatory
activities
cited
above.

The
Regional,
State,
and
industry
officials
were
consulted
in
order
to
obtain
data
needed
to
update
and/
or
verify
respondent
and
EPA
burden
estimates
for
these
regulatory
activities.
These
consultations
are
described
below.
The
consultations
occurred
during
the
months
of
July
and
August
2004.

Summary
of
Consultations
Judy
Kleiman,
U.
S.
EPA
Region
5
(
312­
886­
1482),
is
the
delisting
petition
coordinator
for
Region
5.
Currently,
there
are
5
sampling
and
analysis
plans
but
no
full
petitions
under
review.
She
expects
to
receive
3
delisting
petitions
from
General
Motors
(
GM)
this
year.
There
are
3­
4
delisting
petitions
that
are
likely
to
be
received
by
Region
5
each
year
during
the
next
few
years.
She
is
contacted
approximately
6
times
a
year
with
new
petition
inquiries.
She
believes
that
an
average
of
about
800
hours
is
still
a
reasonable
estimate
for
the
amount
of
time
spent
by
EPA
to
review
and
make
a
decision
on
a
delisting
petition.
Judy
provided
several
names
to
contact
at
auto
manufacturers
to
obtain
estimates
of
hours
needed
to
prepare
a
delisting
petition.
Finally,
she
was
not
aware
of
any
requests
for
hazardous
waste
exclusions
at
Region
5
and
verified
that
all
Region
5
States
are
authorized
for
the
RCRA
program.

Dan
Patulski,
U.
S.
EPA
Region
5
(
312­
886­
0656),
works
in
the
Waste
Pesticide
and
Toxics
Division.
He
stated
that
all
6
states
in
Region
5
are
authorized
for
the
RCRA
program.
Therefore,
the
states
handle
requests
for
exclusions
and
exemptions.
The
states
sometimes
call
57
the
Region
for
guidance,
but
states
are
the
reviewing
and
decisionmaking
authority.

Definition
of
Solid
Waste
Conference
Call
­
representatives
of
three
EPA
Regions
(
Regions
3,
5,
and
7)
and
about
dozen
states
took
part
in
this
conference
call.
Two
state
representatives
estimated
that
1­
2
definition
of
solid
waste
variances
were
received
each
year
by
their
states.
Several
regional/
state
representatives
were
able
to
provide
names
of
contacts
who
could
provide
estimates
on
the
number
of
variances
received
each
year
by
a
particular
region/
state
and
hours
spent
by
that
region/
state
to
review
and
make
a
decision
on
a
variance.

David
Friedman,
U.
S.
EPA
Region
3
(
215­
814­
3395),
is
the
delisting
coordinator
in
Region
3.
Currently,
there
is
one
delisting
petition
under
review.
There
is
at
least
1
inquiry
each
year
from
a
potential
petitioner
regarding
delisting
petition
requirements.
He
did
not
have
any
estimate
on
the
number
of
delisting
petitions
that
are
likely
to
be
received
by
Region
3
each
year
during
the
next
few
years.
He
believes
that
an
average
of
about
800
hours
is
still
a
reasonable
estimate
for
the
amount
of
time
spent
by
EPA
to
review
and
make
a
decision
on
a
delisting
petition.
David
provided
a
contact
name
at
the
current
petitioner
who
could
provide
an
estimate
of
hours
needed
to
prepare
a
delisting
petition.
There
was
one
260.31(
c)
variance
received
by
the
Region
during
the
last
three
years,
and
it
was
forwarded
to
EPA
HQ.

Yan
Li,
Rhode
Island
Department
of
Environmental
Management
(
401­
222­
2797),
received
2
definition
of
solid
waste
variance
requests
in
the
past
three
years.
These
variances
were
for
reclaimed
and
partially
reclaimed
materials
(
260.31(
b)
and
260.31(
c)).
Based
on
a
previous
final
decision
on
a
variance,
she
estimated
that
it
takes
approximately
300
hours
to
review
and
finalize
a
decision
on
a
variance.
She
estimated
that
it
takes
about
150
hours
for
a
facility
to
prepare
a
variance.

Jack
Storton,
BWX
Technology
(
434­
522­
6677),
had
a
delisting
petition
for
F006
filter
cake
approved
by
EPA's
Region
3
in
2000
and
another
one
was
currently
being
processed
by
the
Region.
He
estimated
that
it
costs
about
$
100,000
to
prepare
a
petition,
which
he
said
would
be
equivalent
to
about
1,000
hours
(
assuming
hourly
cost
of
$
100/
hour).
He
stated
that
petitions
submitted
by
his
facility
represented
complex
situations
involving
mixed
wastes
and
old
landfills.
He
estimated
that
1/
3
of
the
delisting
petition
cost
was
for
administrative
information
requirements
and
2/
3
for
the
other
information
requirements.

Michelle
Peace,
U.
S.
EPA
Region
6
(
214­
665­
7430),
is
the
delisting
coordinator
in
Region
6.
She
works
in
the
Multimedia
Permitting
and
Planning
Division,
which
handles
delisting
petitions
and
inquiries
about
hazardous
waste
exclusions/
exemptions.
Texas
and
Louisiana
are
the
states
that
are
most
likely
to
receive
requests
for
hazardous
waste
exclusions/
exemptions.
Michelle
was
aware
of
only
one
exclusion
received
recently
by
a
Region
6
state
(
exclusion
for
trivalent
chromium).
Currently,
she
has
7
delisting
petitions
under
review,
which
are
also
the
average
number
of
delisting
petitions
that
are
expected
to
be
received
by
Region
6
each
year.
Michelle
estimates
that
it
takes
an
average
of
400
hours
to
review
and
issue
a
final
decision
on
a
delisting
petition.
She
estimates
that
it
takes
an
average
of
600
hours
for
the
petitioner
to
prepare
a
58
delisting
petition.

Ken
Herstowski,
U.
S.
EPA
Region
7
(
913­
551­
7631),
has
not
received
any
solid
waste
variances
in
the
past
5
years.
Nebraska
is
the
only
authorized
state
in
Region
7
that
can
receive
variances
and
the
last
one
it
approved
was
about
5
years
ago.
He
does
not
believe
there
is
very
much
time
spent
on
preparing
or
reviewing
the
variances.
Ken
said
that
he
does
not
see
any
requests
for
hazardous
waste
exclusions/
exemptions.
He
said
that
the
facilities
either
meet
the
requirements
for
the
exemptions/
exclusions
or
they
don't,
and
the
facilities
are
not
usually
required
to
make
any
submissions.

Renee
Hudson
Goodley,
Georgia
Environmental
Protection
Division
(
404­
657­
8828),
said
that
2
definition
of
solid
waste
variance
requests
are
received
on
average
each
year
by
Georgia.
She
estimated
that
it
takes
approximately
117
hours
to
review
and
finalize
a
decision
on
a
variance.

Larry
Merritt,
Ford
Corp.
(
313­
322­
5548),
had
two
delisting
petitions
for
F019
wastes
approved
by
EPA's
Region
5
and
the
state
of
Michigan
in
2003.
The
state
used
an
expedited
process
to
approve
the
delisting
petitions
based
on
approvals
granted
by
Region
5.
There
were
some
prepetition
issues
regarding
constituents
in
the
wastes
that
would
have
to
be
tested
which
had
to
be
worked
out
with
Region
5
and
Michigan.
Larry
estimated
that
approximately
1150
hours
were
needed
(
by
Ford
and
its
consultants)
to
prepare
a
delisting
petition
for
each
facility.
Approximately
400
of
the
1150
hours
were
spent
on
pre­
petition
activities
and
for
obtaining
a
memorandum
of
understanding
with
Region
5/
Michigan.
Only
16
hours
were
spent
on
administrative
portions
of
the
two
petitions.

Dave
Berrey,
Indiana
Department
of
environmental
Management
(
317­
308­
3341),
is
the
contact
person
for
definition
of
solid
waste
variances.
He
said
that
a
number
of
variances
(
probably
less
than
10)
were
received
by
him
in
the
past
and
most
were
granted
years
ago.
All
the
variances
were
for
partially
reclaimed
materials
(
such
as
F006
sludge,
plastic
chips
from
batteries,
and
other
sludges).
He
has
not
seen
a
request
for
a
variance
for
a
couple
of
years
now.
He
did
not
know
how
many
hours
it
took
someone
to
prepare
a
variance
request,
but
he
believed
that
it
would
not
take
much
time
(
perhaps
only
few
hours)
to
prepare
a
straight
forward
variance
request.

Estimates
of
Burden
The
estimates
of
burden
associated
with
all
regulatory
activities
identified
in
the
Identification,
Listing,
and
Rulemaking
Petitions
ICR
are
updated
based
on
the
information
obtained
from
the
consultations
described
above.
If
no
information
was
obtained
or
available
on
an
activity,
it
was
assumed
that
the
burden
information
contained
in
the
previous
ICR
did
not
change
for
that
activity.

Delisting
Petitions
Burden
estimates
The
estimate
for
total
number
of
delisting
petitions
submitted
every
year,
based
on
59
consultations
with
Region
5
(
3­
4
petitions/
yr)
and
Region
6
(
7
petitions/
yr),
will
remain
at
20.
This
is
based
on
an
estimate
that
10­
11
petitions
are
going
to
be
submitted
to
Regions
5
and
6
(
Regions
that
normally
have
the
highest
numbers
of
petitions
for
review
every
year)
and
that
at
least
one
petition
will
be
submitted
to
each
of
the
other
Regions.

The
estimated
respondent
burden
is
based
on
information
collected
from
Jack
Storton
(
BWX
Technology),
Michelle
Peace
(
U.
S.
EPA
Region
6),
and
Larry
Merritt
(
Ford
Corp.).
They
estimated
that
1,000
hours,
600
hours,
and
750
hours
(
excluding
hours
for
pre­
petition
activities)
respectively
were
needed
to
prepare
a
delisting
petition.
This
would
result
in
an
average
of
783
hours
per
petition.
The
estimated
time
spent
preparing
the
administrative
portion
of
the
delisting
petition
(
260.20
requirements)
varied
from
33
percent
(
according
to
Jack
Storton
of
BWX
Technology)
to
1
percent
(
according
to
Larry
Merritt
of
Ford
Corp.).
The
1
percent
comes
from
the
8
hours,
out
of
a
total
of
750
hours,
which
are
spent
on
preparing
the
administrative
portion
of
the
delisting
petition.
This
would
suggest
that
preparing
the
administrative
portion
of
the
delisting
petition,
on
average,
should
not
take
more
than
20
percent
of
the
total
time.
Based
on
a
total
of
783
hours,
the
20
percent
would
represent
approximately
157
hours.
The
other
80
percent
of
the
time
(
or
626
hours)
is
used
to
meet
the
information
requirements
under
260.22.
In
simplified
terms,
the
respondent
burden
for
260.20
requirements
goes
down
by
approximately
50
percent
(
from
334
hours
to
167
hours),
while
the
respondent
burden
for
260.22
requirements
goes
up
by
approximately
50
percent
(
from
414
hours
to
621
hours).
The
total
burden,
however,
does
not
change
much
(
estimated
now
to
be
788
hours
compared
to
748
hours
estimated
previously)
.

The
estimated
Agency
burden
for
reviewing
a
delisting
petition
is
based
on
information
collected
from
Judy
Kleiman
(
Region
5),
David
Friedman
(
Region
3),
and
Michelle
Peace
(
Region
6).
They
estimated
that
800
hours,
800
hours,
and
400
hours
respectively
were
needed
to
review
a
delisting
petition.
This
would
result
in
an
average
of
667
hours
per
petition
review.

Variances
Based
on
consultations
with
the
Regional
and
State
representatives,
there
have
not
been
many
requests
recently
for
variances
from
classification
as
a
solid
waste.
There
were
no
requests
received
for
variances
for
classification
as
a
boiler.
A
few
State
representatives
said
that
they
had
received
1­
2
definition
of
solid
waste
variances
in
a
year.
Assuming
that
about
one­
third
of
the
States
receive
2
variances
each
year,
a
little
over
30
variances
would
be
received
annually.
Therefore,
as
estimated
in
the
previous
ICR,
it
seems
reasonable
to
leave
the
total
number
of
260.31(
a),
260.31(
b),
and
260.31(
c)
variance
requests
from
classification
as
a
solid
waste
at
10
variances
annually,
and
for
classification
as
a
boiler
at
one
variance
annually.

The
estimated
respondent
burden
is
based
on
the
information
collected
fromYan
Li
(
Rhode
Island
Department
of
Environmental
Management),
Dave
Berrey
(
Indiana
Department
of
environmental
Management),
and
Ken
Herstowski
(
U.
S.
EPA
Region
7).
These
variances
were
60
mainly
for
reclaimed
and
partially
reclaimed
materials
(
260.31(
b)
and
260.31(
c)).
They
estimated
that
it
takes
150
hours
and
very
few
hours
respectively
to
prepare
a
variance.
Since
150
hours
is
the
only
quantified
estimate
and
is
not
significantly
different
than
the
respondent
burden
hour
estimates
for
these
variances
in
the
previous
ICR
(
146
hours
and
142
hours),
it
seems
reasonable
not
to
change
the
respondent
burden
hours
estimates
in
the
previous
ICR.
The
consultations
did
not
result
in
any
new
information
about
respondent
burden
for
260.31(
a)
and
boiler
variances.
Therefore,
the
respondent
burden
hours
for
these
will
be
assumed
to
be
the
same
as
in
the
previous
ICR.

The
estimated
Agency
burden
for
reviewing
a
variance
is
based
on
information
collected
from
Yan
Li
(
Rhode
Island
Department
of
Environmental
Management)
and
Renee
Hudson
Goodley
(
Georgia
Environmental
Protection
Division).
They
estimated
that
it
takes
300
hours
and
117
hours
respectively
to
review
and
make
a
final
decision
on
a
variance.
This
would
result
in
an
average
of
209
hours
per
variance
review.

Exclusions
and
Exemptions
Based
on
consultations
with
the
Regional
representatives,
there
is
not
much
information
available
on
facilities
requesting
hazardous
waste
exclusions/
exemptions.
According
to
Ken
Herstowski
(
U.
S.
EPA
Region
7),
the
facilities
either
meet
the
requirements
for
the
exclusions/
exemptions
or
they
don't.
The
facilities
are
not
usually
required
to
make
any
submissions
for
using
the
exclusions/
exemptions,
which
means
they
can
not
be
easily
tracked.
Therefore,
it
does
not
make
sense
to
change
the
respondent
burden
hour
estimates
for
hazardous
waste
exclusions/
exemptions
included
in
the
previous
ICR.
