CRITERIA
FOR
CLASSIFICATION
OF
SOLID
WASTE
DISPOSAL
FACILITIES
AND
PRACTICES)
(
RENEWAL)

ICR
1745.05
September
26,
2005
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
..............
1
1(
a)
Title
and
Number
of
the
Information
Collection
.......
1
1(
b)
Characterization
of
the
Information
Collection
.......
1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
........................
2
2(
a)
Need
and
Authority
for
the
Collection
................
2
2(
b)
Use
and
Users
of
the
Data
............................
2
3.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
.............
3
3(
a)
Respondents/
SIC
codes
................................
3
3(
b)
Public
Notice
........................................
3
3(
c)
Information
Requested.
.
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.
3
4.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
...................
7
4(
a)
Agency
Activities
....................................
7
4(
b)
Collection
Methodology
and
Management
................
7
4(
c)
Small
Entity
Flexibility
.............................
8
4(
d)
Collection
Schedule
..................................
8
5.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
..........................................................
9
5(
a)
Nonduplication
.......................................
9
5(
b)
Consultations
........................................
9
5(
c)
Effect
of
Less
Frequent
Collection
...................
9
5(
d)
General
Guidelines
...................................
9
5(
e)
Confidentiality
.....................................
10
5(
f)
Sensitive
Questions
.................................
10
6.
ESTIMATING
THE
BURDEN
HOURS
AND
COST
OF
THE
COLLECTION
...
10
6(
a)
Estimating
the
Respondent
Burden
Hours
­
Original
ICR
.
.
.
.
.
.
.
.
.
.
.
.10
6(
b)
Estimating
the
respondent
Burden
Hours
­
Continuing
ICR
.
.
.
.
.
.
.
.
.
13
6(
c)
.....
Estimating
Respondent
Burden
Hours
and
Costs
16
6(
d)
Estimating
Agency
Burden
Hours
and
Cost
.............
16
6(
e)
Estimating
State
Burden
Hours
and
Cost
..............
17
6(
f)
Bottom
Line
Burden
Hours
and
Costs/
Master
Tables
....
18
6(
g)
Reasons
for
Change
in
Burden
........................
19
6(
h)
Burden
Statement
....................................
19
EXHIBITS
Estimated
Respondent
Wage
Rates
(
Exhibit
1)
...................
16
Estimated
Agency/
State
Wage
Rates
(
Exhibit
2)
.................
17
Estimated
State
Recordkeeping/
Reporting
Burden
and
Cost
(
Exhibit
3)
............................................................
18
Estimated
Annual
Respondent
Recordkeeping
Burden
and
Cost
(
Exhibit
4)
...................................................
21
Estimated
One­
Time
Respondent
Recordkeeping
Burden
and
Cost
(
Exhibit
5)
...................................................
22
Estimated
Annual
Respondent
Reporting
Burden
and
Cost
(
Exhibit
6)
..............................................................
23
Estimated
One­
Time
Respondent
Reporting
Burden
and
Cost
(
Exhibit
7)
............................................................
24
Total
Estimated
Annual
and
One­
Time
Burden
Hours
and
Cost
(
Exhibit
8)
...................................................
25
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
TITLE
AND
NUMBER
OF
THE
INFORMATION
COLLECTION
This
continuing
ICR
is
entitled
"
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices"
(
Renewal),
ICR
1745.05.

1(
b)
CHARACTERIZATION
OF
THE
INFORMATION
COLLECTION
The
1984
Hazardous
and
Solid
Waste
Amendments
(
HSWA)
to
the
Resource
Conservation
and
Recovery
Act
(
RCRA),
as
amended,
mandated
that
the
U.
S.
Environmental
Protection
Agency
(
EPA)
revise
the
Criteria
for
Solid
Waste
Disposal
Facilities
that
may
receive
household
hazardous
wastes
and
conditionally
exempt
small
quantity
generator
(
CESQG)
wastes.
EPA
submitted
a
Report
to
Congress
in
October
1988
that
assessed
the
impacts
on
human
health
and
the
environment
associated
with
Subtitle
D
(
non­
hazardous
waste)
units.
While
this
study
found
that
the
revised
Criteria
for
municipal
solid
waste
disposal
units
were
necessary
to
protect
human
health
and
the
environment,
the
report
failed
to
draw
a
conclusion
relating
to
industrial
Subtitle
D
units.
The
limited
data
on
such
units
indicated
that
there
might
be
a
basis
for
concern
and
further
study
was
needed.

The
proposed
solid
waste
disposal
facility
criteria
were
published
on
August
30,
1988.
On
October
9,
1991
EPA
promulgated
revised
Criteria
for
Solid
Waste
Disposal
Facilities
(
56
FR
50978)
accepting
household
hazardous
wastes.
These
revisions
fulfilled
the
part
of
the
statutory
mandate
in
RCRA
Section
4010
for
all
units
that
receive
household
and
CESQG
hazardous
wastes
(
i.
e.,
municipal
solid
waste
landfills
(
MSWLFs)).
Revisions
to
the
part
257
criteria
for
other
Subtitle
D
disposal
units
that
may
receive
CESQG
hazardous
wastes
were
delayed
as
the
Agency
had
little
information
concerning
the
potential
or
actual
impacts
that
these
types
of
units
had
on
human
health
and
the
environment.

On
October
21,
1993,
the
Sierra
Club
filed
suit
against
EPA
in
the
United
States
District
Court
for
the
District
of
Columbia
to
compel
EPA
to
promulgate
revised
Criteria
for
nonmunicipal
units
that
may
receive
small
quantity
generator
hazardous
waste.
As
a
result
of
the
October
21,
1993
lawsuit,
EPA
and
the
Sierra
Club
reached
agreement
on
a
schedule
concerning
revised
Criteria
for
non­
municipal
units
that
may
receive
CESQG
wastes.
This
schedule
required
that
the
EPA
Administrator
sign
a
proposal
by
May
15,
1995
and
a
final
rule
by
July
1,
1996.
The
proposal
was
signed
on
May
15,
1995
and
the
Agency
promulgated
the
final
rule
on
July
1,
1996.

The
attached
supporting
statement
provides
continued
justification
for
the
information
collection
requirements
included
in
the
final
rulemaking
for
non­
municipal
units
that
may
receive
2
CESQG
wastes.
In
general,
the
final
Criteria
require
that
the
following
information
be
recorded
in
the
facility
operating
record
as
it
becomes
available,
and
that
this
information
be
retained
by
the
owner
and
made
available
to
the
State
upon
request:

(
1)
Any
location
restriction
demonstration
required
in
§
§
257.8­
257.9;
and
(
2)
Any
monitoring,
testing,
or
analytical
data
required
in
§
§
257.21­
257.28.

This
information
collection
request
has
a
total
of
183
respondents,
a
total
of
13,581
hours
resulting
in
an
average
annual
public
reporting
and
recordkeeping
burden
of
74.2
hours
per
respondent.

A
brief
summary
of
the
information
collection
requirements
associated
with
these
areas
is
provided
in
Section
3.
A
more
detailed
discussion
of
each
data
element
and
the
respondent
activities
associated
with
each
of
the
information
collection
requirements
is
presented
in
Section
6.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
The
final
revisions
to
the
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices
and
Identification
and
Listing
of
Hazardous
Waste
set
forth
in
40
CFR
part
257,
subpart
B
and
revisions
to
40
CFR
261
were
developed
in
response
to
Sections
4010(
c)
and
3001(
d)
(
4)
of
RCRA,
which
were
added
to
the
statute
in
the
1984
Hazardous
and
Solid
Waste
Amendments.
The
final
revisions
to
part
257,
subpart
B
established
specific
standards
and
reporting
and
recordkeeping
requirements
for
owners
and
operators
of
new,
existing,
and
lateral
expansions
of
existing
nonmunicipal
non­
hazardous
waste
disposal
units
that
receive
conditionally
exempt
small
quantity
generator
(
CESQG)
hazardous
wastes.
The
final
revisions
to
part
261
involved
no
new
reporting
or
recordkeeping
requirements.
These
regulations
were
finalized
under
the
authority
of
Sections
1008,
2002
(
general
rulemaking
authority),
3001(
d)(
4),
4004
and
4010
of
RCRA,
as
amended.

2(
b)
USE
AND
USERS
OF
THE
DATA
The
information
collected
is
used
by
the
States
to
regulate
and
ensure
that
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
hazardous
wastes,
and
CESQGs,
are
complying
with
the
final
revisions
to
the
part
257,
subpart
B
criteria
and
the
revisions
to
part
261.
The
information
collected
is
used
by
the
State
Director
to
confirm
owner
and
operator
compliance,
and
CESQG
compliance,
with
the
final
regulations
under
the
revised
part
257
subpart
B
and
the
revised
part
261.

3.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
3(
a)
RESPONDENTS/
SIC
CODES
3
The
groups
affected
by
the
final
revisions
to
part
257,
subpart
B
and
part
261
include
both
the
generators
of
CESQG
wastes
and
owners
or
operators
of
new,
existing,
or
lateral
expansions
of
existing
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
wastes.
This
continuing
information
request
expires
on
November
30,
2005.

As
the
rule
affects
generators
of
CESQG
waste
as
well
as
the
units
where
the
waste
is
disposed,
a
relevant
list
of
NAICS
codes
would
potentially
include
most
business
areas
contained
in
the
NAICS
document.
Therefore,
it
is
not
practical
to
include
such
a
comprehensive
list
in
this
continuing
supporting
statement.
However,
the
final
revision
to
261.5
did
not
impose
any
new
reporting
or
recordkeeping
requirement
on
CESQGs;
therefore,
the
rest
of
the
analysis
will
address
only
new
reporting
and
recordkeeping
requirements
for
disposal
units.

3(
b)
PUBLIC
NOTICE
EPA
issued
a
public
notice
in
the
Federal
Register
on
July
21,
2005
(
70
FR
42061).
The
public
comment
period
ended
on
September
19,
2005.
No
comments
were
received
in
response
to
the
notice.

3(
c)
INFORMATION
REQUESTED
The
following
subsections
describe
the
recordkeeping
requirements
and
reporting
(
notification)
required
in
the
final
rule.
EPA
deliberately
did
not
use
design
standards
to
prescribe
specific
activities,
conditions,
or
components.
This
allowed
owners
and
operators
maximum
flexibility
in
developing
site­
specific
procedures
that
satisfy
State
requirements
and
provisions
of
the
revised
Criteria.

LOCATION
RESTRICTIONS
Section
257.8
­
Floodplains
Owners
and
operators
of
new
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
wastes,
existing
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
wastes,
and
lateral
expansions
of
existing
units
must
document
(
record)
in
their
operating
record
demonstrations
that
the
unit
meets
the
location
restrictions
regarding
floodplains
(
§
257.8).
The
owner
or
operator
must
notify
the
State
Director
when
an
exemption
demonstration
is
recorded
in
the
operating
record.

Section
257.9
­
Wetlands
Owners
and
operators
of
new
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
waste
and
lateral
expansions
of
existing
units
must
demonstrate
(
report)
to
the
Director
of
an
approved
State
that
the
unit
meets
the
requirements
addressing
wetlands
(
§
257.9).
4
GROUND­
WATER
MONITORING
AND
CORRECTIVE
ACTION
Section
257.21(
b)
­
No
Migration
Petition
In
an
approved
State,
owners
and
operators
of
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
wastes
may
demonstrate
(
document)
that
there
is
no
potential
for
migration
of
hazardous
constituents
from
the
unit.
The
demonstration
is
to
be
based
on
site­
specific
data
and
fate
and
transport
modeling
as
presented
in
§
257.21(
b)(
1)­(
2).

Section
257.21(
h)
and
(
i)
­
Small
and
Arid
or
Remote
Non­
Municipal
Non­
Hazardous
Waste
Disposal
Units
Directors
of
approved
States
may
allow
owners
and
operators
of
new,
existing,
or
lateral
expansions
of
existing
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
wastes
to
use
alternative
ground­
water
monitoring
techniques
and
alternative
indicator
lists
as
presented
in
§
257.21(
i)(
1)
and
(
2)
for
units
meeting
the
criteria
defined
in
§
257.21(
h).
The
Director
of
the
approved
State
should
consider
the
factors
in
§
257.21(
i)(
3)
when
authorizing
and
considering
these
alternatives.
Owners
and
operators
of
these
qualifying
small
and
arid
or
remote
non­
municipal
non­
hazardous
waste
disposal
units
must
place
in
their
operating
record
documentation
demonstrating
that
they
meet
the
criteria
in
§
257.21(
h).
Section
257.21(
h)
allows
units
to
use
the
flexibility
provided
in
§
257.21(
i)
if
the
non­
municipal
non­
hazardous
waste
disposal
units
receive
less
than
20
tons
of
waste
per
day,
have
no
evidence
of
ground­
water
contamination,
and
are
either
in
a
remote
area
or
an
arid
area
of
the
country.
A
remote
area
is
defined
at
§
257.21(
h)(
3)
as
"
a
community
that
experiences
an
annual
interruption
of
at
least
three
consecutive
months
of
surface
transportation
that
prevents
access
to
a
regional
waste
management
facility."
An
arid
area
is
defined
at
§
257.21(
h)(
4)
as
"
an
area
that
annually
receives
less
than
or
equal
to
25
inches
of
precipitation"
and
"
has
no
practicable
waste
management
alternative."

Section
257.21(
i)(
2)
­
Small
and
Arid
or
Remote
Non­
Municipal
Non­
Hazardous
Waste
Disposal
Units
Owners
and
operators
of
new,
existing,
or
lateral
expansions
of
existing
non­
municipal
nonhazardous
waste
disposal
units
that
detect
contamination
through
the
use
of
any
alternative
groundwater
monitoring
technique
must
perform
expanded
monitoring
to
show
the
nature
and
extent
of
the
contamination
and
submit
those
results
to
(
notify)
the
Director
of
the
approved
State
of
the
contamination
as
required
by
§
257.21(
i)(
2).
If
the
contamination
has
reached
the
saturated
zone,
then
the
owner
or
operator
must
comply
with
the
requirements
of
§
257.21
(
i)(
2)(
i).
If
the
contamination
is
present
in
the
vadose
zone,
on
the
surface,
or
anywhere
else
but
the
saturated
zone,
then
the
owner
or
operator
must
comply
with
the
requirements
of
§
257.21(
i)(
2)(
ii).

Section
257.21
­
§
257.23
­
Establish
Ground­
Water
Monitoring
Systems
Owners
and
operators
must
notify
the
State
Director
that
documentation
pertaining
to
measurement,
sampling,
and
analytical
devices
has
been
placed
in
the
operating
record.
The
5
numbering,
spacing,
and
depth
of
monitoring
systems
shall
be
certified
by
a
qualified
ground­
water
scientist
or
approved
by
the
Director
of
an
approved
State.
Within
14
days
of
the
certification,
the
owner
or
operator
must
notify
the
State
Director
that
certification
has
been
placed
in
the
operating
record.

Owners
or
operators
must
notify
the
State
Director
that
the
description
of
the
sampling
and
analysis
program
documentation
has
been
placed
in
the
operating
record.

The
owner
or
operator
must
specify
in
the
operating
record
a
statistical
method
from
§
257.23(
g)
to
be
used
in
evaluating
ground­
water
monitoring
data
for
each
hazardous
constituent.
If
another
statistical
method
that
meets
the
performance
standards
of
§
257.23(
h)
is
used,
the
owner
or
operator
must
place
justification
for
this
alternative
in
the
operating
record
and
notify
the
State
Director
of
use
of
this
alternative
test.

Section
257.24
­
Detection
Monitoring
Program
If
the
owner
or
operator
determines
that
there
is
a
statistically
significant
increase
over
background
for
one
or
more
of
the
constituents
in
Appendix
I
(
Appendix
I
of
part
258),
the
owner
or
operator
must,
within
14
days
of
this
finding,
place
a
notice
in
the
operating
record
and
notify
the
State
Director
indicating
which
constituents
have
shown
statistically
significant
changes
from
the
background
levels.

The
owner
or
operator
may
demonstrate
pursuant
to
§
257.24(
c)(
3)
that
a
source
other
than
the
non­
municipal
non­
hazardous
waste
disposal
unit
or
an
error
has
caused
the
statistically
significant
changes
in
background
levels
of
one
or
more
of
the
constituents.
This
demonstration
must
be
certified
by
a
qualified
ground­
water
scientist
or
approved
by
the
Director
of
an
approved
State
and
be
placed
in
the
operating
record.

Section
257.25
­
Assessment
Monitoring
Program
If
the
sampling
results
indicate
that
Appendix
II
(
Appendix
II
of
part
258)
constituents
have
been
detected,
the
owner
or
operator
must,
within
14
days
after
obtaining
the
results,
place
a
notice
in
the
operating
record
identifying
the
Appendix
II
(
Appendix
II
of
part
258)
constituents
that
have
been
detected
and
notify
the
State
Director
that
this
notice
has
been
placed
in
the
operating
record.
Within
90
days,
and
at
least
on
a
semiannual
basis
thereafter,
the
owner
or
operator
must
resample
and
record
the
concentrations
of
the
detected
Appendix
II
(
Appendix
II
of
part
258)
constituents.
If
the
concentrations
of
all
Appendix
II
(
Appendix
II
of
part
258)
constituents
are
shown
to
be
at
or
below
background
values
for
two
consecutive
sampling
events,
the
owner
or
operator
must
notify
the
State
Director
of
this
finding.

If
one
or
more
of
the
Appendix
II
(
Appendix
II
of
part
258)
constituents
are
detected
at
statistically
significant
levels
above
the
ground­
water
protection
standard
established
under
§
257.25
(
h)
or
(
i)
in
any
sampling
event,
the
owner
or
operator
must,
within
14
days
of
this
finding,
place
a
notice
in
the
operating
record
identifying
the
Appendix
II
(
Appendix
II
of
part
258)
constituents
that
6
have
exceeded
the
ground­
water
protection
standard
and
notify
the
State
Director
and
all
appropriate
local
government
officials
that
the
notice
has
been
placed
in
the
operating
record.
The
owner
or
operator
must
also
notify
all
persons
who
own
the
land
or
reside
on
the
land
that
directly
overlies
any
part
of
the
plume
of
contamination
if
contaminants
have
migrated
off
site,
if
indicated
by
sampling
wells
in
accordance
with
§
257.25(
g)(
1).

Section
257.25(
g)(
2)
­
"
False
Positives"

The
owner
or
operator
may
voluntarily
attempt
to
demonstrate
that
a
source
other
than
the
non­
municipal
non­
hazardous
waste
disposal
unit
that
may
receive
CESQG
wastes
caused
the
contamination
or
that
a
sampling
error
occurred
and
that
it
is
not
required
to
move
into
remedy
selection
under
the
corrective
action
requirements.

Section
257.27
­
Selection
of
Remedy
The
owner
or
operator
must
discuss
the
results
of
the
corrective
measure
assessment,
prior
to
the
selection
of
remedy,
in
a
public
meeting
with
interested
and
affected
parties.
The
owner
or
operator
must
notify
the
State
Director,
within
14
days
of
selecting
a
remedy,
that
a
report
describing
the
selected
remedy
and
specifying
a
schedule
for
initiating
and
completing
remedial
activities
has
been
placed
in
the
operating
record,
and
how
it
meets
the
standards
in
§
257.27(
b).

The
owner
or
operator
may
document
in
the
operating
record
that
no
clean­
up
is
required
if
the
conditions
of
§
257.27(
e)
are
met
and
the
State
Director
is
notified.

Section
257.28
­
Implementation
of
Corrective
Action
Program
The
owner
or
operator
may
determine
that
corrective
action
cannot
be
achieved
with
any
currently
available
remedy.
If
so,
the
owner
or
operator
must
document
in
the
operating
record
that
a
report
justifying
alternative
corrective
action
measures
has
been
placed
in
the
operating
record
in
compliance
with
the
requirements
of
§
257.28
(
c)(
4)
and
notify
the
State
Director.

Upon
completion
of
the
requirements
of
§
257.28(
e),
the
owner
or
operator
must
document
in
the
operating
record
that
the
remedy
has
been
completed
in
compliance
with
the
requirements
of
§
257.28(
e)
and
notify
the
State
Director.

RECORDKEEPING
REQUIREMENT
Section
257.30
­
Recordkeeping
Requirements
The
owner
and
operator
must
record
and
retain
near
the
unit
in
an
operating
record,
information
as
it
becomes
available
on
any
location
restriction
demonstration
required
under
§
§
257.7
through
257.12
or
any
demonstration,
certification,
finding,
monitoring,
testing,
or
analytical
data
required
in
§
§
257.21
through
257.28.
7
The
owner
and
operator
must
notify
the
State
Director
when
the
information
has
been
placed
in
the
operating
record
or
alternative
location
as
approved
by
the
Director
of
an
approved
State.
The
Director
of
approved
State
can
set
alternative
schedules
the
recordkeeping
and
notification
requirements
specified
under
§
257.30,
except
for
the
notification
requirement
in
§
257.25(
g)(
1)(
iii).

4.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
The
following
subsections
discuss
how
the
information
will
be
collected.
State
agencies
will
not
be
responsible
for
collecting
information.
Rather,
the
owners
or
operators
of
non­
municipal
nonhazardous
waste
disposal
units
that
receive
CESQG
wastes
are
required
to
collect
the
information,
compile
it
in
an
operating
record,
and
notify
the
State
Director
when
the
documentation
is
placed
in
the
operating
record.
The
operating
record
is
intended
to
be
equivalent
to
a
permit
file
that
is
routinely
kept
by
the
State
permitting
agency.
The
Agency
did
not
intend
for
the
final
rule
to
create
additional
recordkeeping
except
when
the
rule
imposed
more
stringent
Federal
standards
in
addition
to
State
requirements.

4(
a)
AGENCY
ACTIVITIES
This
program
is
implemented
by
approved
States
and
all
information
will
be
reported
to
the
States
or
kept
in
an
operating
record;
in
unapproved
States,
the
"
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices"
(
40
CFR
part
257)
are
self
implementing,
meaning
that
the
owner/
operator
documents
compliance
with
the
Criteria
and
places
the
documentation
in
the
operating
record.
EPA
will
not
collect
information
from
individual
non­
municipal
non­
hazardous
waste
disposal
units.
EPA
does
have
enforcement
authority
in
States
where
EPA
has
made
a
formal
determination
that
the
State
permit
program
is
not
adequate.
In
enforcement
situations,
EPA
may
request
information
from
the
owner
or
operator.

4(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
EPA
has
not
specified
how
these
records
are
to
be
developed
and
maintained.
This
ensures
the
maximum
flexibility
and
minimum
burden
in
meeting
the
final
requirements.

4(
c)
SMALL
ENTITY
FLEXIBILITY
Respondents
may
include
small
businesses;
all
data
requested
are
essential
for
both
large
and
small
businesses.
The
information
burden
was
minimized
to
the
extent
possible
for
all
potential
respondents
through
the
final
rule's
self­
implementing
format.

4(
d)
COLLECTION
SCHEDULE
All
collection
requirements
discussed
in
this
ICR
are
for
the
period
of
time
starting
December
1,
2005
until
November
30,
2008.
8
The
final
part
257,
subpart
B
language
established
a
schedule
for
the
establishment
of
a
ground­
water
monitoring
program.
Owners
and
operators
of
existing
non­
municipal
non­
hazardous
waste
disposal
units
that
receive
CESQG
waste
and
lateral
expansions
of
existing
units
were
to
comply
with
the
ground­
water
requirements
of
§
§
257.22
­
257.25
according
to
the
schedule
established
in
the
regulations
unless
an
alternative
schedule
was
specified
by
the
Director
of
an
approved
State
under
§
257.21(
d):

1.
Existing
non­
municipal
non­
hazardous
waste
disposal
units
that
received
CESQG
wastes
and
lateral
expansions
of
existing
units
were
to
be
in
compliance
by
July
1,
1998.

2.
New
non­
municipal
non­
hazardous
waste
disposal
units
were
to
be
in
compliance
before
waste
was
placed
in
the
unit.

3.
Under
§
257.21(
d),
the
Director
of
an
approved
State
could
specify
an
alternative
schedule
for
owners
and
operators
of
existing
units
and
lateral
expansions
of
existing
units
to
comply
with
the
ground­
water
requirements
specified
in
§
§
257.22
­
257.25.
The
alternative
schedule
was
to
ensure
that
50
percent
of
all
existing
units
were
in
compliance
by
July
1,
1998
and
all
existing
units
were
in
compliance
by
July
1,
1999.

Once
established
at
a
unit,
ground­
water
monitoring
is
to
be
conducted
throughout
the
active
life
of
the
unit
plus
30
years.
The
Director
of
an
approved
State
may
decrease
the
30­
year
period
if
the
owner/
operator
demonstrates
that
a
shorter
period
of
time
is
adequate
to
protect
human
health
and
the
environment
and
the
Director
approves
that
demonstration.

The
records
and
reports
are
to
be
maintained
on
an
ongoing
basis
in
the
unit
operating
record;
however,
the
part
257,
subpart
B
Criteria
allow
approved
States
the
discretion
to
establish
alternative
schedules
for
recordkeeping
and
notification
requirements.

5.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
5(
a)
NONDUPLICATION
EPA
took
steps
to
minimize
duplication
of
information
collection.
The
part
257,
subpart
B
final
rule
included
minimum
recordkeeping
and
reporting
necessary
to
document
compliance
with
the
rule's
provisions.

EPA
deliberately
did
not
prescribe
specific
recordkeeping
procedures
or
formats.
This
would
allow
States
and
owners
or
operators
maximum
flexibility
in
developing
site­
specific
procedures
that
satisfy
existing
State
requirements
and
the
provisions
of
the
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices.
Furthermore,
part
257,
subpart
B
provides
additional
flexibility
to
9
approved
States:
approved
States
have
flexibility
in
establishing
the
location
of
the
operating
record
and
establishing
alternative
schedules
for
recordkeeping
and
notification
requirements.

5(
b)
CONSULTATIONS
This
continuing
ICR
is
based
on
the
data
collected
for
the
original
and
the
revised
ICR
for
part
258
(
municipal
landfills
­
ICR
#
1381).
The
part
258
ICR
developed
estimates
in
consultation
with
owners
and
operators
of
MSWLFs,
State
personnel,
EPA
personnel
(
Headquarters
and
Regional),
and
consultants
working
for
EPA
on
the
hazardous
and
solid
waste
programs.
Individuals
from
these
organizations
were
interviewed
to
characterize
the
time
an
owner
or
operator
(
as
well
as
the
State)
would
need
to
spend
on
each
separate
requirement.
Since
the
minimum
statutory
requirements
finalized
in
part
257,
subpart
B
are
almost
identical
to
the
corresponding
sections
of
part
258,
the
Agency
has
prepared
similar
time
estimates
for
the
activities
required
under
part
257,
subpart
B,
making
reasonable
alterations
and
allowances
to
correspond
with
those
sections
where
the
requirements
differ.

5(
c)
EFFECT
OF
LESS
FREQUENT
COLLECTION
The
Agency
believes
that
less
frequent
recordkeeping
and
reporting
could
hamper
State
enforcement
and
compliance
efforts,
especially
in
States
that
have
not
been
approved,
since
these
States
may
not
establish
requirements
more
stringent
than
the
Federal
minimum.
However,
the
part
257,
subpart
B
criteria
allow
approved
States
the
discretion
to
establish
alternative
schedules
for
recordkeeping
and
notification
requirements.

5(
d)
GENERAL
GUIDELINES
This
collection
does
not
violate
any
of
the
Paperwork
Reduction
Act
(
50
CFR
1320.6)
general
guidelines.

5(
e)­(
f)
CONFIDENTIALITY
AND
SENSITIVE
QUESTIONS
No
data
requested
are
believed
to
be
confidential.
The
Agency
is
not
requesting
any
trade
secret
information
and
believes
that
the
information
collection
complies
with
the
Privacy
Act
of
1974
and
OMB
Circular
A­
108.
The
recordkeeping
and
reporting
requirements
do
not
request
information
that
is
of
a
sensitive
nature.

6.
ESTIMATING
THE
BURDEN
HOURS
AND
COST
OF
THE
COLLECTION
6(
a)
ESTIMATING
THE
RESPONDENT
BURDEN
HOURS
­
Original
ICR
The
total
universe
of
non­
municipal
non­
hazardous
waste
disposal
units
that
may
receive
CESQG
waste
includes
two
types
of
units:
(
1)
units
where
CESQG
waste
is
co­
disposed
with
industrial
waste
on
site;
and
(
2)
Subtitle
D
units
receiving
CESQG
waste
from
off
site
(
including
10
construction
and
demolition
waste
disposal
units
and
commercial
industrial
solid
waste
disposal
units).

EPA
originally
assumed,
and
continues
to
assume,
that
units
that
co­
disposed
industrial
nonhazardous
waste
and
CESQG
waste
on
site
have
ceased
that
practice
to
avoid
the
cost
of
compliance
with
part
257,
subpart
B.
The
commercial
(
off­
site)
industrial
waste
disposal
units
currently
operating
are
subject
to
stringent
environmental
controls,
imposed
by
States
and
corporate
policy,
therefore,
EPA
continues
to
believe,
that
these
off­
site
units
will
incur
a
negligible
burden
from
the
revisions
to
part
257,
subpart
B.
Therefore,
the
primary
type
of
unit
that
continues
to
be
affected
by
the
part
257,
subpart
B
rule
is
construction
and
demolition
waste
disposal
units.

Consequently,
the
only
units
that
will
incur
burdens
under
the
part
257,
subpart
B
rule
continue
to
be
construction
and
demolition
landfills
that
receive
CESQG
waste
from
off
site
generators.
EPA
currently
estimates
that
there
are
approximately
1,931
construction
and
demolition
landfills
in
the
United
States
as
of
2003
as
reported
in
the
January
2004
issue
of
BioCycle
(
up
from
the
estimate
of
1,825
in
2000).

Construction
and
demolition
waste
landfills
that
were
not
in
compliance
with
the
part
257,
subpart
B
revisions
in
1996
would
have
responded
to
the
regulation
in
one
of
two
ways:
(
1)
elected
not
to
upgrade
and
decided
to
accept
only
construction
and
demolition
waste
that
does
not
contain
CESQG
hazardous
waste
(
these
units
would
not
be
affected
by
the
recordkeeping
or
reporting
requirements
of
part
257,
subpart
B;
or
(
2)
upgraded
and
accepted
CESQG
waste
(
become
subject
to
the
recordkeeping
and
reporting
requirements
of
the
revisions
to
part
257,
subpart
B).

The
Agency's
Regulatory
Impact
Analysis
(
RIA)
(
June
1996)
for
the
final
part
257,
subpart
B
rule,
indicated
that
162
construction
and
demolition
waste
landfills
in
18
affected
States
would
have
elected
to
upgrade
and
thus
become
subject
to
the
reporting
and
recordkeeping
requirements
of
part
257,
subpart
B.
The
RIA
also
accounted
for
the
number
of
small/
dry/
remote
non­
municipal
units
that
would
have
opted
to
use
alternative
ground­
water
monitoring
techniques.
As
a
result
of
this
added
flexibility,
EPA
believed
that
more
units
would
have
opted
to
upgrade.
For
the
purpose
of
the
original
ICR,
EPA
assumed
that
50%
of
the
construction
and
demolition
units
that
were
eligible
to
use
alternative
ground­
water
monitoring
techniques
would
have
chosen
to
upgrade.
This
included
half
of
the
21
landfills
in
Alaska
(
remote)
and
half
of
the
109
small
landfills
that
were
located
in
affected
States
with
low
precipitation.
Overall,
EPA
estimated
that
65
additional
landfills
would
upgrade
and
use
alternative
ground­
water
monitoring
techniques.
Additional,
EPA
assumed
that
none
of
these
65
additional
landfills
would
require
expanded
ground­
water
monitoring
as
discussed
in
the
original
ICR.
Thus,
the
total
number
of
upgrades
of
existing
units
was
estimated
to
be
227.
In
the
original
ICR,
227
existing
facilities
were
used
to
calculate
burdens.
In
addition,
EPA
projected,
in
the
original
ICR,
that
11
new
and
lateral
expansions
of
existing
units
will
be
activated
per
year
as
construction
and
demolition
waste
units
accepting
CESQG
waste
became
subject
to
this
final
rule.
1
1
This
estimate
was
based
on
a
steady
state
environment
where
over
20
years
(
the
remaining
life
of
C&
D
landfills)
all
facilities
that
choose
to
upgrade
will
be
replaced.
In
this
steady
state
environment,
5%
of
227
or
11
facilities
(
8
of
11
First
Update
In
the
first
update
(
September
22,
1999)
for
this
continuing
ICR,
EPA
developed
new
recordkeeping
and
reporting
burden
estimates.
EPA
revised
its
original
estimate
(
162)
of
the
number
of
construction
and
demolition
waste
landfills
in
the
18
affected
States
that
would
have
elected
to
upgrade.
EPA
revised
the
original
estimate
down
from
162
landfills
to
146.
This
reduction
was
based
on
a
decrease
in
the
overall
number
of
construction
and
demolition
waste
landfills
that
existed
in
the
original
18
affected
States.
This
reduction
equated
to
a
10%
reduction
in
the
number
of
construction
and
demolition
landfills
that
would
have
continued
to
have
annual
reporting
and
recordkeeping
burdens
during
the
period
of
time
from
September
30,
1999
until
September
30,
2002.

This
same
10%
reduction
was
used
to
reduce
the
number
of
existing
construction
and
demolition
waste
landfills
that
would
have
continued
to
be
subject
to
the
reporting
and
recordkeeping
burdens
associated
with
corrective
action
(
23
facilities
in
the
original
ICR
vs.
21
in
the
first
update).

Small/
arid/
remote
construction
and
demolition
facilities
incurred
reporting
and
recordkeeping
burdens
in
the
original
ICR,
but,
in
the
first
update
to
the
ICR,
they
did
not
incur
any
burdens
because
small/
arid/
remote
construction
and
demolition
wastes
facilities
incurred
only
one­
time
burdens
during
the
time
period
between
September
30,
1996
and
September
30,
1999.
The
Agency's
original
assumption
that
none
of
the
existing
small/
arid/
remote
facilities
would
need
to
undergo
expanded
ground­
water
monitoring
and
corrective
action
continued
to
be
assumed
in
the
first
update
to
the
original
ICR
for
the
reasons
that
were
presented
in
the
original
ICR.

In
the
first
update
to
the
original
ICR,
one­
time
reporting
and
recordkeeping
burden
hours
for
existing
construction
and
demolition
waste
facilities
were
also
reduced
because
these
one­
time
burdens
occurred
during
the
period
of
time
between
September
30,
1996
and
September
30,
1999.
These
one­
time
burdens
were
associated
with
the
floodplain
provision,
the
small/
arid/
remote
demonstration,
and
the
establishment
of
the
ground­
water
monitoring
system.

For
the
first
update
to
the
original
ICR,
like
the
original
ICR,
the
Agency
assumed
11
new
and
lateral
expansions
of
existing
units
will
be
activated
per
year
as
construction
and
demolition
waste
units
accepting
CESQG
waste
become
subject
to
the
part
257,
subpart
B
rule
Second
Update
For
the
second
update,
EPA
developed
new
recordkeeping
and
reporting
burden
estimates.
EPA
revised
its
first
update
estimate
(
146)
of
the
number
of
construction
and
demolition
waste
landfills
in
the
18
affected
that
would
have
elected
to
upgrade.
EPA
revised
the
first
update
down
from
146
the
original
162
facilities
and
3
of
the
65
small
facilities
in
arid
or
remote
areas)
would
be
activated
in
a
year.
This
concurs
with
the
percentage
used
in
the
part
258
ICR,
#
1381
where
information
from
a
Waste
Age
article
and
GAO
also
estimated
5%
or
1/
20.
12
construction
and
demolition
waste
landfills
to
127.
This
reduction
was
based
on
a
decrease
in
the
overall
number
of
construction
and
demolition
waste
landfills
that
exist
in
the
original
18
affected
States.
The
total
number
of
respondents
was
therefore
127
construction
and
demolition
waste
landfills
plus
18
States
(
145
respondents).
This
reduction
equated
to
a
13%
reduction
in
the
number
of
construction
and
demolition
waste
landfills
that
would
continue
to
have
annual
reporting
and
recordkeeping
burdens
during
the
period
of
time
from
October
1,
2002
until
September
30,
2005.
There
is
a
reduction
even
though
there
has
been
an
increase
in
the
total
overall
number
of
construction
and
demolition
waste
landfills
back
towards
the
original
estimated
number
in
1994
because
EPA
is
evaluating
the
change
only
in
the
original
18
affected
States.

This
same
13%
reduction
was
used
to
reduce
the
number
of
existing
construction
and
demolition
waste
landfills
that
continue
to
be
subject
to
the
reporting
and
recordkeeping
burdens
associated
with
corrective
action
(
21
in
the
first
update
vs.
18
in
this
second
update).

Any
small/
arid/
remote
construction
and
demolition
facility
that
incurred
reporting
and
recordkeeping
burdens
in
the
first
update
between
September
30,
1999
and
September
30,
2002
did
not
incur
any
additional
burdens
under
the
second
update
due
to
the
one­
time
nature
of
those
reporting
and
recordkeeping
burdens.
In
addition,
any
new
construction
and
demolition
waste
landfill
(
new
between
September
30,
1999
and
September
30,
2002)
did
not
incur
any
additional
burdens
under
this
second
update
due
to
the
one­
time
reporting
and
recordkeeping
burdens
associated
with
the
floodplain
provision,
the
small/
arid/
remote
demonstration,
and
the
establishment
of
the
ground­
water
monitoring
system.

(
b)
ESTIMATING
THE
RESPONDENT
BURDEN
HOURS
­
Third
update
Continuing
ICR
For
this
third
update,
EPA
is
again
developing
new
recordkeeping
and
reporting
burden
estimates.
EPA
has
revised
this
ICR
by
increasing
the
number
of
C&
D
landfills
subject
to
this
ICR
by
revising
the
second
update
up
from
127
construction
and
demolition
landfills
to
165.
This
increase
is
based
upon
the
original
18
affected
States
as
reported
in
BioCycle
trade
magazine
in
January
2004.
The
total
number
of
respondents
is
therefore
165
construction
and
demolition
waste
landfills
plus
18
States
(
183
respondents).
This
increase
represents
a
30%
increase
in
the
number
of
construction
and
demolition
waste
landfills
that
were
reported
in
the
last
update.
For
this
current
ICR,
the
Agency
assumes
14
new
and
lateral
expansions
of
existing
units
will
be
activated
per
year
as
construction
and
demolition
waste
units
accepting
CESQG
waste
become
subject
to
the
part
257,
subpart
B
rule.

LOCATION
RESTRICTIONS
Section
257.8
­
Floodplains
No
existing
facilities
incur
any
one­
time
or
annual
burdens
in
this
continuing
ICR.
For
the
14
new
non­
municipal
non­
hazardous
waste
disposal
units
that
may
receive
CESQG
waste
and
lateral
expansions
of
existing
units
that
are
affected
by
this
requirement,
approximately
20%
are
expected
to
13
be
within
a
100­
year
floodplain.
EPA
has
estimated
a
one­
time
recordkeeping
requirement
for
this
location
restriction
of
10
hours
per
unit.
There
is
a
one­
time
reporting
burden
of
two
hours
per
unit.

Section
257.9
­
Wetlands
The
requirement
for
the
wetlands
location
restriction
comes
from
the
Clean
Water
Act
(
CWA)
and
incorporates
EPA
guidelines
developed
pursuant
to
the
CWA.
Any
recordkeeping
requirement
is
attributable
to
implementing
the
CWA
and
not
the
Criteria
for
Classification
of
Solid
Waste
Disposal
Facilities
and
Practices.
Therefore,
in
order
to
avoid
double
counting,
no
recordkeeping
requirements
for
this
location
provision
are
included
in
this
estimate.
The
reporting
and
recordkeeping
requirements
are
reported
under
OMB
Control
Number
2040­
0086.

Section
257.13
­
Deadline
for
Making
Demonstrations
This
section
does
not
include
any
recordkeeping
or
reporting
requirements.
GROUND­
WATER
MONITORING
AND
CORRECTIVE
ACTION
Section
257.21(
b)
­
No
Migration
Petition
Owners
and
operators
of
non­
municipal
non­
hazardous
waste
disposal
units
that
may
receive
CESQG
wastes
may
demonstrate
(
document)
that
there
is
no
potential
for
migration
of
hazardous
constituents
from
the
unit.
The
demonstration
is
to
be
based
on
site­
specific
data
and
fate
and
transport
modeling.
EPA
estimates
that
no
more
than
1
owner/
operator
out
of
the
14
new
facilities
will
attempt
this
demonstration.
EPA
assumes
that
the
required
documentation
would
result
in
a
one­
time
reporting
requirement
of
100
hours
per
unit.
Section
257.21(
b)
does
not
contain
recordkeeping
requirements;
however,
the
one­
time
recordkeeping
requirements
of
two
hours
per
unit
from
Section
257.30
have
been
included
here.

Section
257.21(
h)
and
(
i)
­
Small
and
Arid
or
Remote
Non­
municipal
Non­
hazardous
Waste
Disposal
Units
One­
time
burden
hours
are
incurred
under
this
provision
for
3
of
the
14
new
small/
arid/
remote
facilities
that
are
eligible
to
use
alternative
ground­
water
monitoring
and
choose
to
upgrade.
The
Agency
assumes
that
3
of
the
total
14
new
units
will
be
located
in
small/
arid/
remote
locations.
The
requirement
is
for
owners
and
operators
of
these
small/
arid/
remote
non­
municipal
non­
hazardous
waste
disposal
units
to
make
the
determination
that
they
meet
the
criteria
in
§
257.21(
h).
There
is
a
one­
time
recordkeeping
burden
of
10
hours
per
unit
and
a
one­
time
reporting
burden
of
two
hours
per
unit.

Section
257.21(
i)(
2)
­
Small
and
Arid
or
Remote
Non­
municipal
Non­
hazardous
waste
disposal
Units
14
EPA
has
assumed
that
none
of
the
3
new
or
lateral
expansions
of
existing
non­
municipal
nonhazardous
waste
disposal
units
that
are
eligible
to
use
alternative
ground­
water
monitoring
techniques
and
choose
to
upgrade
will
detect
contamination
requiring
expanded
ground­
water
monitoring.
First,
because
these
disposal
units
are
small
and
located
in
dry
or
generally
frozen
climates,
they
are
less
likely
to
have
contamination.
Moreover,
the
economics
are
such
that
upgrading
will
be
cost­
effective
for
the
small
units
only
if
expanded
monitoring
will
not
be
necessary.
Therefore,
EPA
assumes
that
none
of
these
units
will
have
to
incur
the
reporting
or
recordkeeping
requirements
associated
with
expanded
ground­
water
monitoring.

Section
257.21
­
§
257.23
­
Establish
Ground­
Water
Monitoring
Systems
EPA
estimates
14
new
or
lateral
expansions
of
existing
construction
and
demolition
landfills
will
choose
to
upgrade
and
will
not
be
eligible
to
use
alternative
ground­
water
monitoring
techniques.
The
Agency
assumes
the
one­
time
reporting
requirement
of
20
hours
per
unit
would
result
for
these
14
new
or
lateral
expansions
of
existing
units.
There
are
one­
time
recordkeeping
requirements
at
§
§
257.22(
d)(
2),
257.23(
a),
and
257.23(
g).
Each
of
these
three
sections
has
a
twohour
per
unit
recordkeeping
requirement
for
a
total
of
six
hours
per
unit.

Section
257.24
­
Detection
Monitoring
Program
EPA
estimates
the
total
annual
reporting
burden
for
detection
monitoring
to
be
32
hours
per
year
for
the
165
existing
units
and
the
14
new
or
lateral
expansions
of
existing
units
per
year.
The
annual
recordkeeping
requirement
burden
is
two
hours
for
each
unit.
This
burden
does
not
apply
to
existing,
new
or
lateral
expansions
of
existing
units
meeting
the
criteria
for
small
units
located
in
remote
or
arid
regions
as
defined
in
§
257.21(
h).

Section
257.25
­
Assessment
Monitoring
Program
EPA
assumes
that
only
existing
units
may
need
to
establish
an
assessment
monitoring
program
within
the
time
frame
covered
by
this
ICR.
None
of
the
new
units
are
expected
to
require
assessment
monitoring
prior
to
September
30,
2008.

For
assessment
monitoring,
EPA
estimates
that
this
rule
would
impose
an
annual
reporting
burden
of
32
hours
per
occurrence
per
year.
EPA
assumes
that
27
units
are
included
in
the
recordkeeping
estimate.
This
estimate
includes
the
units
that
voluntarily
chose
to
make
the
"
false
positives"
demonstration
at
§
257.25(
g)(
2).
There
is
an
annual
recordkeeping
requirement
of
two
hours
for
each
unit.

Section
257.25(
g)(
2)
­
"
False
Positives"

See
the
discussion
for
§
257.25
­
Assessment
Monitoring
Program.

Section
257.27
­
Selection
of
Remedy
15
For
corrective
action,
EPA
estimated
an
annual
reporting
burden
of
200
hours
per
year
to
document
progress
in
clean­
up
activities.
The
Agency
assumes
27
units
are
included
in
the
recordkeeping
estimate
and
would
have
increased
burdens.

The
estimated
reporting
burden
includes
consideration
of
§
257.27(
d),
the
requirement
to
establish
a
schedule
for
implementing
and
completing
remedial
measures.
The
estimated
burden
also
includes
consideration
of
§
257.27(
e),
the
conditions
that
would
allow
no
ground­
water
clean­
up.

If
the
owner
or
operator
determines
that
compliance
with
§
257.27(
b)
cannot
be
practically
achieved,
then
the
owner
or
operator
must
comply
with
the
requirements
of
§
257.28(
c)(
4).

There
are
annual
recordkeeping
burdens
at
§
§
257.27(
b),
257.28(
c)(
4)
and
257.28(
e)(
2).
Each
of
these
annual
recordkeeping
burdens
requires
two
hours
per
unit,
for
a
total
of
six
hours.

Section
257.28
­
Implementation
of
Corrective
Action
Program
EPA
assumes
that
no
owner
or
operator
will
have
completed
corrective
action
and,
therefore,
be
required
to
comply
with
§
257.28(
f)
prior
to
September
30,
2008.
Section
257.28(
e)
requires,
at
a
minimum,
3
consecutive
years
of
data
to
demonstrate
compliance
with
the
ground­
water
protection
standard.
Assuming
existing
facilities
entered
into
assessment
monitoring
no
earlier
than
2001,
it
is
highly
unlikely
that
any
existing
facility
would
have
burdens
associated
with
Section
257.28.
This
section,
therefore,
contains
no
reporting
requirements.

RECORDKEEPING
REQUIREMENT
Section
257.30
­
Recordkeeping
Requirements
EPA
estimates
that
the
recordkeeping
requirement
at
§
257.30
to
place
notifications
in
the
operating
record
will
impose
a
one­
time
recordkeeping
burden
of
10
hours
on
1
new
or
lateral
expansion
of
an
existing
unit
per
year.

6(
c)
ESTIMATING
RESPONDENT
BURDEN
HOURS
AND
COSTS
For
a
summary
of
the
estimated
respondent
annual
and
one­
time
recordkeeping
and
reporting
requirements
burdens
and
costs,
see
Exhibits
4
through
7.
For
the
purpose
of
preparing
cost
and
burden
estimates
for
this
continuing
ICR,
EPA
used
the
estimates
prepared
in
the
original,
first,
and
second
updated
ICR
and
ICRs
for
similar
programs
that
have
been
approved
by
OMB.
The
primary
ICR
used
as
a
guideline
was
the
ICR
for
part
258,
which
contains
similar
reporting
and
recordkeeping
requirements.
Additional
ICRs
reviewed
included
the
Underground
Storage
Tanks
(
UST)
program
(
Subtitle
I)
and
the
Subtitle
C
program.
Costs
for
construction
and
demolition
waste
facility
respondents
were
estimated
based
on
the
wage
rates
presented
in
Exhibit
1.
These
wage
rates
are
based
on
the
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics
­
2004
National
Industry
Specific
Occupational
Employment
and
Wage
Estimates,
SIC
495
Sanitary
Services.
(
Note:
16
These
are
the
most
refined
estimates
provided
by
BLS
and
are
the
closest
estimates
to
construction
and
demolition
landfills).

EXHIBIT
1
Estimated
Respondent
Wage
Rates
for
Commercial
Construction
and
Demolition
Landfills
Only
Legal
$
82.03
Managerial
$
70.88
Technical
$
35.49
Clerical
$
20.98
6(
d)
ESTIMATING
AGENCY
BURDEN
HOURS
AND
COST
All
information
is
submitted
to
the
States;
therefore,
Agency
burden
and
cost
are
negligible.
The
State
burden
for
recordkeeping
will
be
for
processing
notifications
sent
by
the
owners
or
operators
of
units
that
elect
to
continue
receiving
CESQG
wastes,
review
of
the
unit
demonstrations,
and
certification
of
requirements.
States
will
be
notified
as
specified
previously
under
3(
b).
Exhibit
2
presents
the
wage
rates
used
to
estimate
the
cost
to
the
Agency
and
States.
These
Agency/
State
wage
rates
are
based
on
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics
­
2004
National
Industry
Specific
Occupational
Employment
and
Wage
Estimates,
SIC
902
State
Government.
EXHIBIT
2
Estimated
Agency/
State
Wage
Rates
Legal
$
68.70
Managerial
$
64.26
Technical
$
47.10
Clerical
$
18.91
6(
e)
ESTIMATING
STATE
BURDEN
HOURS
AND
COST
The
annual
and
one­
time
recordkeeping
and
reporting
burden
for
State
agencies
is
summarized
in
Exhibit
3
below.
Based
on
the
information
in
the
recently
revised
ICR
for
part
258
17
(
ICR
#
1381),
the
total
estimated
recordkeeping
and
reporting
burden
for
clerical
staff
is
2.5
hours
per
notification
and
the
total
estimated
burden
for
technical
staff
is
one
hour
per
notification.
For
both
recordkeeping
and
reporting
estimates,
the
Agency
assumes
that
neither
the
legal
nor
the
managerial
staff
will
be
responsible
for
any
additional
burden
or
cost.

EXHIBIT
3
Estimated
State
Recordkeeping/
Reporting
Burden
and
Cost
Number
of
Notifi­
cations
Legal
$
68.70
Manager
$
64.26
Technical
$
47.10
Clerical
$
18.91
Total
Hours
Per/
yr
Total
Cost
($)
Per/
yr
LOCATION
RESTRICTIONS
Annual
0
0
0
0
0
0.0
0.00
One­
Time
3
0
0
1
2.5
7.0
$
283
GROUND­
WATER
MONITORING
AND
CORRECTIVE
ACTION
Annual
233
0
0
1
2.5
815.5
$
21,989
One
­
Time
12
0
0
1
2.5
42.0
$
1,133
6(
f)
BOTTOM
LINE
BURDEN
HOURS
AND
COST/
MASTER
TABLES
Exhibits
4
and
6
present
the
estimated
annual
respondent
burden
hours
and
cost
for
reporting
and
recordkeeping
requirements.
The
annual
burden
for
respondents
is
12,148
hours
and
the
estimated
cost
is
$
441,216.

Exhibits
5
and
7
present
the
estimated
one­
time
respondent
burden
hours
and
cost
for
reporting
and
recordkeeping
requirements.
The
total
one­
time
burden
for
respondents
is
548
hours
and
the
estimated
cost
is
$
21,328.

Exhibit
8
presents
a
summary
of
the
burden
hours
and
cost
incurred
by
both
the
States
and
owners
and
operators
as
a
result
of
this
final
rule.
The
annual
burden
for
reporting
and
recordkeeping
requirements
is
13,382
hours
and
the
estimated
cost
is
$
463,205.
The
total
one­
time
burden
for
reporting
and
recordkeeping
requirements
is
597
hours
and
the
estimated
cost
is
$
22,744.
The
total
one­
time
burden
hours
for
reporting
and
recordkeeping
has
been
annualized
over
a
three
year
period
and
added
to
the
annual
burden
hours,
therefore,
the
total
annual
burden
hours
for
18
reporting
and
recordkeeping
is
13,581.
In
a
similar
manner,
the
total
annual
estimated
cost
is
$
470,786.

6(
g)
REASONS
FOR
CHANGE
IN
BURDEN
This
is
a
continuing
ICR.
Primary
reasons
for
changes
in
the
burden
is
the
increase
in
the
number
of
new
construction
&
demolition
waste
disposal
facilities
that
has
occurred
since
the
last
renewal
that
were
previously
incurred
during
the
period
of
time
from
December
1,
2002
until
November
30,
2005.

CHANGES
TO
CAPITAL/
STARTUP
AND
O&
M
COSTS
In
addition,
the
first
update
to
this
ICR
was
approved
subject
to
the
following
terms
of
clearance.
It
was
requested
that
EPA
verify
that
no
non­
labor
costs
would
be
incurred
by
respondents
in
complying
with
this
collection.
If
non­
labor
costs
were
to
be
incurred
by
respondents,
EPA
was
to
revise
the
second
ICR
to
account
for
them.
EPA
has
revised
this
as
well
as
the
previous
ICR
to
address
these
additional
costs
associated
with
performing
a
hydrogeologic
study,
installation
of
ground­
water
monitoring
wells,
and
sampling
costs
associated
with
sampling
of
ground
water
wells.
EPA
has
assumed
14
new
or
lateral
expansions
for
the
period
of
December
1,
2005
until
November
30,
2008.
These
14
expansions
will
each
need
to
perform
a
hydrogeologic
study
in
order
to
assess
where
to
establish
ground
water
monitoring
wells.
The
study,
for
a
small
site
like
most
construction
and
demolition
waste
landfills
are,
would
cost
$
137,350
per
site
for
a
total
of
$
1,922,900.
This
total
cost
averaged
over
the
3­
year
period
would
be
$
640,967
per
year.

For
these
new
or
lateral
expansions,
they
will
need
to
establish
4
wells
per
site
for
the
purpose
of
ground
water
monitoring.
The
capital
cost
for
a
total
of
56
wells,
at
a
depth
of
50
feet,
would
total
$
398,496.
This
total
averaged
over
the
3­
year
period
would
cost
$
132,832
per
year.
Lastly,
the
costs
associated
with
sampling
and
analytical
work
would
be
a
total
of
$
803,860
per
year.
This
assumes
that
the
sampling
and
analytical
work
is
not
performed
by
facility
personal
and
that
the
analytical
work
is
for
analysis
of
VOCs
only.

6(
h)
BURDEN
STATEMENT
The
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
74.2
hours
per
respondent.
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
19
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
2005­
0011,
which
is
available
for
public
viewing
at
the
Enforcement
and
Compliance
Docket
and
Information
Center
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
Resource
Conservation
and
Recovery
(
RCRA)
Docket
is
202­
566­
0270.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
When
in
the
system,
select
"
search,"
then
key
in
the
Docket
ID
Number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Please
include
the
EPA
Docket
ID
Number
RCRA­
2005­
0011
and
OMB
Control
Number
2050­
0154
in
any
correspondence.

Part
B
of
the
Supporting
Statement
This
part
is
not
applicable
because
no
statistical
methods
were
used
in
collecting
this
information.
EXHIBIT
4
ESTIMATED
ANNUAL
RESPONDENT
RECORDKEEPING
BURDEN
AND
COST
REQUIREMENT
NUMBER
OF
RESPONDENTS
­

ACTIVITY
EXISTING
NEW
HOURS
PER
RESPONDENT
­
ACTIVITY
LEGAL
MANAGER
TECHNICAL
CLERICAL
$
86.03/
HR
$
70.88/
HR
$
35.49/
HR
$
20.98/
HR
TOTAL
HOURS
PER
YEAR
TOTAL
COST
PER
YEAR
Floodplains
­
257.8
0
0
0
0
0
0
0
0
Wetlands
­
257.9
0
0
0
0
0
0
0
0
No
Migration
Petition
257.21(
b)
0
0
0
0
0
0
0
0
Small
and
Remote
Facilities
­
257.21(
h)
0
0
0
0
0
0
0
0
Small
and
Remote
Facilities
­
257.21(
i)
0
0
0
0
0
0
0
0
Establish
GWM
System
­
257.23
0
0
0
0
0
0
0
0
Detection
Monitoring
Program
­
257.24
165
14
0
0
1
1
35
8
10,108
Assessment
Monitoring
Program
­
257.25
27
0
0
0
1
1
54
1,525
Selection
of
Remedy
257.27
27
0
0
0
3
3
162
4,574
Recordkeeping
Requirements
­
257.30
0
0
0
0
0
0
0
0
TOTAL
ANNUAL
RECORDKEEPING
BURDEN
AND
COST
188
8
574
16,207
EXHIBIT
5
ESTIMATED
ONE­
TIME
RESPONDENT
RECORDKEEPING
BURDEN
AND
COST
REQUIREMENT
NUMBER
OF
RESPONDENTS
­

ACTIVITY
EXISTING
NEW
HOURS
PER
RESPONDENT
­
ACTIVITY
LEGAL
MANAGER
TECHNICAL
CLERICAL
$
82.03/
HR
$
70.88/
HR
$
35.49/
HR
$
20.98/
HR
TOTAL
HOURS
PER
YEAR
TOTAL
COST
PER
YEAR
Floodplains
­
257.8
0
3
0
2
4
4
30
1,103
Wetlands
­
257.9
0
0
0
0
0
0
0
0
No
Migration
Petition
257.21(
b)
0
1
0
0
1
1
2
56
Small
and
Remote
Facilities
­
257.21(
h)
0
3
0
2
3
5
30
1,059
Small
and
Remote
Facilities
­
257.21(
i)
0
0
0
0
0
0
0
0
Establish
GWM
System
­
257.23
0
14
0
0
3
3
84
791
Detection
Monitoring
Program
­
257.24
0
0
0
0
0
0
0
0
Assessment
Monitoring
Program
­
257.25
0
0
0
0
0
0
0
0
Selection
of
Remedy
257.27
0
0
0
0
0
0
0
0
Recordkeeping
Requirements
­
257.30
0
1
0
2
4
4
10
368
TOTAL
ONE­
TIME
RECORDKEEPING
BURDEN
AND
COST
0
15
156
3,377
EXHIBIT
6
ESTIMATED
ANNUAL
RESPONDENT
REPORTING
BURDEN
AND
COST
REQUIREMENT
NUMBER
OF
RESPONDENTS
­

ACTIVITY
EXISTING
NEW
HOURS
PER
RESPONDENT
­
ACTIVITY
LEGAL
MANAGER
TECHNICAL
CLERICAL
$
82.03/
HR
$
70.88/
HR
$
35.49/
HR
$
20.98/
HR
TOTAL
HOURS
PER
YEAR
TOTAL
COST
PER
YEAR
Floodplains
­
257.8
0
0
0
0
0
0
0
0
Wetlands
­
257.9
0
0
0
0
0
0
0
0
No
Migration
Petition
257.21(
b)
0
0
0
0
0
0
0
0
Small
and
Remote
Facilities
­
257.21(
h)
0
0
0
0
0
0
0
0
Small
and
Remote
Facilities
­
257.21(
i)
0
0
0
0
0
0
0
0
Establish
GWM
System
­
257.23
0
0
0
0
0
0
0
0
Detection
Monitoring
Program
­
257.24
146
8
0
6
12
14
5,728
204,934
Assessment
Monitoring
Program
­
257.25
27
0
2
6
12
12
864
34,210
Selection
of
Remedy
257.27
27
0
10
30
40
120
5,400
185,865
Recordkeeping
Requirements
­
257.30
0
0
0
0
0
0
0
0
TOTAL
ANNUAL
REPORTING
BURDEN
AND
COST
219
14
11,992
425,009
EXHIBIT
7
ESTIMATED
ONE­
TIME
RESPONDENT
REPORTING
BURDEN
AND
COST
REQUIREMENT
NUMBER
OF
RESPONDENTS
­

ACTIVITY
EXISTING
NEW
HOURS
PER
RESPONDENT
 
ACTIVITY
LEGAL
MANAGER
TECHNICAL
CLERICAL
$
82.03/
HR
$
70.88/
HR
$
35.49/
HR
$
20.98/
HR
TOTAL
HOURS
PER
YEAR
TOTAL
COST
PER
YEAR
Floodplains
­
257.8
0
3
0
0
1
1
6
169
Wetlands
­
257.9
0
0
0
0
0
0
0
0
No
Migration
Petition
257.21(
b)
0
1
5
20
60
15
100
4,272
Small
and
Remote
Facilities
­
257.21(
h)
0
3
0
0
1
1
6
199
Small
and
Remote
Facilities
­
257.21(
i)
0
0
0
0
0
0
0
0
Establish
GWM
System
­
257.23
0
14
2
5
11
2
280
13,311
Detection
Monitoring
Program
­
257.24
0
0
0
0
0
0
0
0
Assessment
Monitoring
Program
­
257.25
0
0
0
0
0
0
0
0
Selection
of
Remedy
257.27
0
0
0
0
0
0
0
0
Recordkeeping
Requirements
­
257.30
0
0
0
0
0
0
0
0
TOTAL
ONE­
TIME
REPORTING
BURDEN
AND
COST
0
21
392
17,951
EXHIBIT
8
TOTAL
ESTIMATED
ANNUAL
AND
ONE­
TIME
BURDEN
HOURS
AND
COSTS
ANNUAL
BURDEN
ONE­
TIME
BURDEN
Hours
Costs
Hours
Costs
State
Reporting
and
Recordkeeping
Burden
816
$
21,989
49
$
1,416
Respondent
Reporting
and
Recordkeeping
Burden
12,566
$
441,216
548
$
21,328
TOTAL
ESTIMATED
BURDEN
13,382
$
463,205
597
$
22,744
Total
Annual
Burden
Hours
and
Costs
=
Annual
Burden
+
1/
3
of
One­
time
burden
Total
Annual
Burden
Hours
=
13,382
+
1/
3
(
597)
=
13,581
Total
Annual
Burden
Costs
=
463,205
+
1/
3
(
22,744)
=
$
470,786
