  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST NUMBER 261.15

"NOTIFICATION OF REGULATED WASTE ACTIVITY"

January, 2006

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

	1(c)	ESTIMATED BURDEN HOURS AND COST OF THE INFORMATION COLLECTION	 5

2.	NEED FOR AND USE OF THE COLLECTION	 6

	2(a)	NEED AND AUTHORITY FOR THE COLLECTION	 6

	2(b)	USE AND USERS OF THE DATA	 6

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	 6

	3(a)	NONDUPLICATION	 6

	3(b)	PUBLIC NOTICE	 6

	3(c)	CONSULTATIONS	 7

	3(d)	EFFECTS OF LESS FREQUENT COLLECTION	 7

	3(e)	GENERAL GUIDELINES	 7

	3(f)	CONFIDENTIALITY	 8

	3(g)	SENSITIVE QUESTIONS	 8

4.	RESPONDENTS AND THE INFORMATION REQUESTED	 8

	4(a)	RESPONDENTS AND NAICS CODES	 8

	4(b)	INFORMATION REQUESTED	 9

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	 11

	5(a)	AGENCY ACTIVITIES	 11

	5(b)	COLLECTION METHODOLOGY AND MANAGEMENT	 12

	5(c)	SMALL ENTITY FLEXIBILITY	 12

	5(d)	COLLECTION SCHEDULE	 12

6.	ESTIMATING THE BURDEN AND COST OF COLLECTION 	 13

	6(a)	ESTIMATING RESPONDENT BURDEN	 13

	6(b)	ESTIMATING RESPONDENT COSTS	14

	6(c)	ESTIMATING AGENCY BURDEN AND COST	 14

	6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND 		COSTS	 
17

	6(e)	BOTTOM LINE BURDEN HOURS AND COSTS	  19

	6(f)	REASONS FOR CHANGE IN BURDEN	 19

	6(g)	BURDEN STATEMENT	 19



1.	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION

	This ICR is titled "Notification of Regulated Waste Activity
(Renewal)," EPA ICR number 0261.15, OMB Control Number 2050-0028.

	1(b)	CHARACTERIZATION OF THE INFORMATION COLLECTION

	The Resource Conservation and Recovery Act (RCRA) of 1976, as amended
by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires EPA
to establish a national regulatory program to ensure that regulated
wastes are managed in a manner protective of human health and the
environment.  Section 3010 of Subtitle C of RCRA, as amended, requires
any person who generates, transports, or recycles regulated waste or who
owns or operates a facility for the treatment, storage, or disposal of
regulated waste to notify EPA of their waste activities, including the
location and general description of the activities and the regulated
wastes handled.

	In 1980, EPA created a standard form (EPA Form 8700-12) to be used by
the general public to notify EPA of their regulated waste activities and
satisfy the statutory requirements of Section 3010.  EPA revised EPA
Form 8700-12 (also known as the Notification Form) in 1986 to make it
compatible for use with the RCRA Information System (RCRIS) and has
revised it periodically thereafter to incorporate new or revised
notification requirements.  In 1999, EPA revised the Notification Form
based on new notification requirements for universal waste handlers and
destination facilities. 

	The Notification Form is the vehicle by which most generators,
handlers, and managers of regulated waste notify EPA of their regulated
waste activities.  It also is used by them to acquire an EPA
Identification Number.  However, as discussed below and throughout this
ICR, large quantity handlers of universal waste and used oil handlers
have the option of using a letter in lieu of submitting the Notification
Form.

	This ICR provides a discussion of all of the notification requirements
for facilities generating, handling, or managing regulated wastes. 
These regulated wastes include hazardous wastes as defined by 40 CFR
Part 261, universal wastes as defined by 40 CFR Part 273, and used oil
as defined by 40 CFR Part 279.  Because there are different notification
requirements and data items for each of these regulated wastes, the
notification requirements for each type of regulated waste are described
separately in sections 1 and 4 of this ICR.  However, the Agency
activities that are described in section 5 and the burden estimates that
are presented in section 6 of this ICR are not broken out by type of
regulated waste.

Hazardous Waste Activity

	Facilities that generate, transport, recycle, treat, store, or dispose
of hazardous waste as defined by 40 CFR Part 261 must notify EPA of
their hazardous waste activities and obtain an EPA Identification
Number.  All of these facilities are required to use the Notification
Form (EPA Form 8700-12) to notify EPA of their hazardous waste
activities.  These notification requirements are codified at 40 CFR
Parts 262, 263, 264, 265, 266, 270, and 273.  The specific notification
requirements for each of these parts are described below and listed in
Table 1.

	40 CFR Parts 262, 263, 264, and 265 include the notification
requirements for generators, transporters, and owners or operators of
permitted and interim status treatment, storage and disposal facilities
(TSDFs), respectively.  Sections 262.12, 263.11, 264.11, and 265.11 list
the specific notification requirements.  Persons regulated under these
sections must obtain an EPA Identification Number before treating,
storing, transporting, offering for transport, or disposing of hazardous
waste.

	40 CFR Part 266, Subpart D includes notification requirements for
generators and transporters; storers; and users of recyclable materials
that are used in a manner that constitutes disposal.  Specifically,
sections 266.21, 266.22, and 266.23 subject generators and transporters
of these materials; storers who are not the ultimate users; and users,
respectively, to the notification requirement under section 3010 of
RCRA.  In addition, these sections also subject these same generators
and transporters; storers; and users to all of the applicable
requirements of 40 CFR Parts 262 and 263; Parts 264 and 265, Subparts A
through L; and Parts 264 and 265, respectively, that include the
specific mechanics for implementing the notification requirements as
described in sections 262.12, 263.11, 264.11, and 265.11.    

	40 CFR Part 266, Subpart F includes notification requirements for
generators, transporters, and storers of recyclable materials that are
utilized for precious metal recovery.  Specifically, section
266.70(b)(1) subjects these facilities to the RCRA section 3010
notification requirements.

	40 CFR Part 266, Subpart G includes notification requirements for
owners or operators of interim status and permitted TSDFs that store
spent lead-acid batteries (other than spent lead-acid batteries that are
regenerated) before reclaiming them.  Specifically, section
266.80(b)(1)(i) requires interim status TSDFs that store these batteries
before reclaiming them meet the notification requirements of section
3010 of RCRA.  In addition, section 266.80(b)(2)(i) requires permitted
TSDFs that store these batteries before reclaiming them meet the
notification requirements of section 3010 of RCRA.

 

	40 CFR Part 266, Subpart H includes notification requirements for
facilities that burn or process hazardous waste in a boiler or
industrial furnace (BIF).  Subpart H also subjects generators,
transporters, and storers (including processors, blenders, and
distributors of hazardous waste fuel) of hazardous waste that is burned
or processed in a BIF to the notification requirements of 40 CFR Parts
262, 263, and 264 and 265, respectively.  Specifically, sections
266.100(c)(1)(i) and 266.100(f)(1) require that owners or operators of
smelting, melting, and refining furnaces that processes hazardous waste
either solely for metals recovery or for recovery of economically
significant amounts of certain precious metals, respectively, to provide
a written, one-time notification of their hazardous waste activities. 
In addition, sections 266.101(a), 266.101(b), and 266.101(c) require
that generators, transporters, and storers of hazardous waste that is
burned or processed in a BIF follow specific notification requirements
and procedures of sections 262.12, 263.11, and 264.11 and 265.11,
respectively.  Further, sections 266.102(a)(2)(ii) and 266.103(a)(4)(ii)
subject owners or operators of permitted and interim status BIFs that
burn or process hazardous waste, respectively, to 40 CFR Parts 264 and
265, Subpart B, which includes the section 264.11 and 265.11
notification requirements.  Finally, section 266.108(d) requires that
facilities that qualify for the small quantity on-site burner exemption
to provide a written, one-time notification of their hazardous waste
activities.

	40 CFR Part 270 prescribes the timing for notification of hazardous
waste activities due to the listing of a hazardous waste in 40 CFR Part
261.  Specifically, section 270.1(b) requires that "not later than 90
days after the promulgation or revision of regulations in Part 261
(identifying and listing hazardous wastes), generators and transporters
of hazardous waste, and owners or operators of hazardous waste
treatment, storage, or disposal facilities may be required to file a
notification of that activity under Section 3010." 

	40 CFR Part 273, Subpart D describes certain conditions under which a
transporter of universal waste may be subject to the section 3010
notification requirements of RCRA.  Specifically, section 273.54 makes
transporters who determine that any material resulting from a release of
universal waste is a hazardous waste subject to 40 CFR Part 262.  As a
result, section 273.54 may also make them, in certain circumstances,
subject to the section 262.12 notification requirements and procedures. 

	40 CFR Part 273, Subpart E includes notification requirements for
destination facilities of universal waste.  Specifically, section
273.60(a) subjects owners or operators of destination facilities to the
notification requirement under section 3010 of RCRA.  Section 273.60(a)
also subjects destination facilities to all applicable requirements of
40 CFR Parts 264, 265, 266, 268, and 270, which include the section
264.11 and 265.11 notification requirements and procedures.

Table 1

Hazardous Waste Notification Requirements

40 CFR Regulatory Citation	Regulated Entity

§262.12	Hazardous Waste Generators

§263.11	Hazardous Waste Transporters

§264.11	Permitted Hazardous Waste Treatment, Storage, and Disposal
Facilities

§265.11	Interim Status Hazardous Waste Treatment, Storage, and Disposal
Facilities

§266.21	Generators and Transporters of Recyclable Materials Used in a
Manner Constituting Disposal

§266.22	Storers of Recyclable Materials Used in a Manner Constituting
Disposal

§266.23	Users of Recyclable Materials in a Manner Constituting Disposal

§266.70(b)(1)	Generators, Transporters, and Storers of Recyclable
Materials Utilized for Precious Metal Recovery

§266.80(b)(1)(i)	Interim Status TSDFs Storing Spent Lead-Acid Batteries
(other than Spent Batteries that are to be Regenerated) before
Reclamation

§266.80(b)(2)(i)	Permitted TSDFs Storing Spent Lead-Acid Batteries
(other than Spent Batteries that are to be Regenerated) before
Reclamation

§266.100(c)(1)(i)	Smelting, Melting, and Refining Furnaces Processing
Hazardous Waste Solely for Metal Recovery

§266.100(f)(1)	Smelting, Melting, and Refining Furnaces Processing
Hazardous Waste for Recovery of Significant Amounts of Certain Precious
Metals

§266.101(a)	Generators of Hazardous Waste Burned in Boilers or
Industrial Furnaces

§266.101(b)	Transporters of Hazardous Waste Burned in Boilers or
Industrial Furnaces

§266.101(c)	Storers of Hazardous Waste Burned in Boilers or Industrial
Furnaces

§266.102(a)(2)(ii)	Permitted Boilers and Industrial Furnaces

§266.103(a)(4)(ii)	Interim Status Boilers and Industrial Furnaces

§266.108(d)	Burners of Small Quantities of Hazardous Waste in On-Site
Boilers or Industrial Furnaces 

§270.1(b)	Generators and Transporters of, and TSDFs Managing Newly
Listed Hazardous Wastes

§273.54	Transporters of Universal Waste That is Released and Determined
to be Hazardous Waste

§273.60(a)	Universal Waste Destination Facilities



Universal Waste Activity

	Large quantity handlers of universal waste must notify EPA of their
universal waste activities and obtain an EPA Identification Number. 
These notification requirements are codified at 40 CFR Part 273, Subpart
C.  Specifically, section 273.32(a) requires large quantity handlers of
universal waste to have notified EPA of their universal waste handling
activities and received an EPA Identification Number prior to meeting or
exceeding the 5,000 kilogram storage limit, unless they already have
notified EPA, as provided by section 273.32(a)(2) or 273.32(a)(3). 
Section 273.32(b) prescribes the contents of the notification.  Large
quantity handlers of universal waste have the option of using a letter
in lieu of submitting the Notification Form.

Used Oil Management Activity

	Used oil handlers must notify EPA of their used oil management
activities and obtain an EPA Identification Number.  These notification
requirements are codified at 40 CFR Part 279.  Specifically, sections
279.42, 279.51, 279.62, and 279.73 require used oil transporters and
transfer facilities, used oil processors and re-refiners, burners of
off-specification used oil, and used oil fuel marketers, respectively,
who have not previously complied with RCRA Section 3010 requirements
(under 40 CFR Part 266, Subpart E) to comply with these requirements and
obtain an EPA Identification Number.  These used oil handlers have the
option of using a letter in lieu of submitting the Notification Form.

Table 2

Used Oil Notification Requirements

40 CFR Regulatory Citation	Regulated Entity

§279.42	Used Oil Transporters and Transfer Facilities

§279.51	Used Oil Processors and Re-Refiners

§279.62	Burners of Off-Specification Used Oil

§279.73	Used Oil Fuel Marketers



	1(c)	ESTIMATED BURDEN HOURS AND COST OF THE INFORMATION COLLECTION

	Section 6 of this supporting statement provides detailed information on
the Agency’s estimate of the annual burden on the regulated community
for complying with the information collection requirements.  EPA
estimates that 13,487 regulated waste generators, handlers, and managers
will submit initial notifications and 42,428 regulated waste generators,
handlers, and managers will submit subsequent notifications to EPA each
year during the three years covered by this ICR.  The total annual
estimated burden is 100,307 hours, at annual cost of $9,689,561.00.

2.	NEED FOR AND USE OF THE COLLECTION

	2(a)	NEED AND AUTHORITY FOR THE COLLECTION

	Section 3010 of Subtitle C of RCRA, as amended, requires any person who
generates, transports, or recycles regulated wastes or who owns or
operates a facility for the treatment, storage, or disposal of regulated
wastes to notify EPA of their activities, including the location and
general description of the activities and the regulated wastes handled. 
As required by statute, EPA promulgated regulations to implement these
notification requirements at 40 CFR Parts 262, 263, 264, 265, 266, 270,
273, and 279.  (See Section 1(b) above for a detailed listing of
notification requirements by type of regulated waste and regulated
entity).  EPA needs this information to determine the universe of
persons who generate, handle, and manage these regulated wastes; assign
EPA Identification Numbers; and ensure that these regulated wastes are
managed in a way that protects human health and the environment, as
required by RCRA, as amended.

	2(b)	PRACTICAL UTILITY/USERS OF DATA

	EPA enters notification information submitted by respondents into the
EPA National  data base and assigns EPA Identification Numbers.  EPA
uses the information primarily for tracking purposes, and secondarily
for a variety of enforcement and  inspection purposes.  In addition, EPA
uses this information to identify the universe of regulated waste
generators, handlers, and managers and their specific regulated waste
activities.  Finally, EPA uses this information to ensure that regulated
waste is managed properly, that statutory provisions are upheld, and
that regulations are adhered to by facility owners or operators.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a)	NONDUPLICATION

	RCRA is the primary Federal statutory vehicle for prescribing regulated
waste management practices that are necessary to protect human health
and the environment.  There are no other Federal statutes or regulations
that require information regarding the operation of regulated waste
generation, handling, and management practices.

3(b)	PUBLIC NOTICE

	EPA issued a  public notice in the Federal Register on August 15, 2005
(70 FR 47836).  The comment period ended on October 14, 2005.  No
comments were received in response to the notice.

	3(c)	CONSULTATIONS

	Most of the underlying assumptions in this ICR (e.g., burden hour
estimates) are based on EPA consultations with industry that must notify
EPA of their waste activities. Specifically, EPA conducted consultations
on the ICR’s assumptions regarding respondents’ burden for reading
the regulations and the time alotted to complete and submit the
Notification forms.  EPA conducted separate consultations with no more
than nine entities for the purpose of renewing this  ICR.

Organization	

Contact Name	

Phone Number

Kenneth Knoche	Daniels Chevrolet	(719) 632-5591

Bruce Dapprich	Mentor Industrial Complex	(412) 364-7823

Nancy Christian	Oxy Chem	(316) 529-7335

Paula Canter	EPA State of Ohio

	

	3(d)	EFFECTS OF LESS FREQUENT COLLECTION

	New hazardous waste generators, transporters, or TSDFs must submit a
Notification Form and obtain an EPA Identification Number prior to
treating (including recycling), storing, transporting, offering for
transport, or disposing of hazardous waste.  Existing hazardous waste
generators, transporters, or TSDFs are required to notify the Agency of
their hazardous waste activity(ies) not later than 90 days after the
promulgation or revision of regulations in 40 CFR Part 261
(identification and listing of hazardous wastes).  Owners or operators
of smelting, melting, and refining furnaces that process hazardous waste
either solely for metals recovery or for recovery of economically
significant amounts of certain precious metals under sections
266.100(c)(1)(i) and 266.100(f)(1), respectively, and facilities that
qualify for the small quantity on-site burner exemption under section
266.108(d) must provide a written, one-time notification of their
hazardous waste activities.  Under Section 273.32(a), large quantity
handlers of universal waste must submit a written, one-time notification
of universal waste management to the Regional Administrator and obtain
an EPA Identification Number before meeting or exceeding the 5,000 kg
storage limit, unless they already have notified EPA, as provided by
section 273.32(a)(2) or 273.32(a)(3).  Under sections 279.42, 279.51,
279.62 and 279.73, used oil handlers who have not previously complied
with the notification requirement (under 40 CFR Part 266, Subpart E)
must submit a written, one-time notification of used oil management
activities and obtain an EPA Identification Number.  Any reduction in
the frequency of this information collection would prevent the Agency
from meeting the statutory requirements of Section 3010 of RCRA.

3(e)	GENERAL GUIDELINES

	This ICR adheres to the guidelines stated in the Paperwork Reduction
Act of 1995, OMB's implementing regulations, EPA'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 defines
EPA's general policy on public disclosure of information, both contain
provisions for confidentiality.  However, the Agency does not anticipate
that businesses will assert a claim of confidentiality covering all or
part of the Notification of Regulated Waste Activity.  If such a claim
were asserted, EPA must and will treat the information in accordance
with the regulations cited above.  EPA also will assure that this
information collection complies with the Privacy Act of 1974 and OMB
Circular 108.

3(g)	SENSITIVE QUESTIONS

	No questions of a sensitive nature are included in these information
collection requirements.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a)	RESPONDENTS AND NAICS CODES

	The following is a list of NAICS codes associated with the facilities
most likely to be affected by the notification requirements discussed in
this ICR:

	NAICS Code

221121	Electric Bulk Power Transmission and Control

221122	Electric Power Distribution

22132		Sewage Treatment Facilities

311942	Spice and Extract Manufacturing

323114	Quick Printing

32411		Petroleum Refineries

325131	Inorganic Dye and Pigment Manufacturing

325199	All Other Basic Organic Chemical Manufacturing

325211	Plastics Material and Resin Manufacturing 

32551		Paint and Coating Manufacturing

325998	All Other Miscellaneous Chemical Product  Manufacturing

331311	Alumina Refining

33271		Machine Shops

332813	Electroplating, Plating, Polishing, Anodizing, and Coloring

332999	All Other Miscellaneous Fabricated Metal Product Manufacturing

333319	Other Commercial and Service Industry Machinery Manufacturing

333999	All Other General Purpose Machinery Manufacturing

33422		Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing

334418	Printed Circuit/Electronics Assembly Manufacturing

334419	Other Electronic Component Manufacturing

336211	Motor Vehicle Body Manufacturing

336312	Gasoline Engine and Engine Parts Manufacturing

336322	Other Motor Vehicle Electrical and Electronic Equipment
Manufacturing

33633		Motor Vehicle Steering and Suspension Components (except Spring)

Manufacturing

33634		Motor Vehicle Brake System Manufacturing

33635		Motor Vehicle Transmission and Power Train Parts Manufacturing

336399	All Other Motor Vehicle Part Manufacturing

44111		New Car Dealers

44711		Gasoline Stations with Convenience Store

44719		Other Gasoline Stations

454312	Liquefied Petroleum Gas (Bottled Gas) Dealers

48411		General Freight Trucking, Local

48421		Used Household and Office Goods Moving

48422		Specialized Freight (except Used Goods) Trucking, Local

562112	Hazardous Waste Collection

562119	Other Waste Collection

562211	Hazardous Waste Treatment and Disposal

562219	Other Nonhazardous Waste Treatment and Disposal

56292		Materials Recovery Facilities

811111	General Automotive Repair

	4(b)	INFORMATION REQUESTED

	This section describes the data items and respondent activities for
notification requirements for facilities generating, handling, or
managing regulated wastes.  These regulated wastes include hazardous
wastes as defined by 40 CFR Part 261, universal wastes as defined by 40
CFR Part 273, and used oil as defined by 40 CFR Part 279.  Since there
are different notification requirements and data items for each of these
regulated wastes, the data items for each type of regulated waste are
described separately.  (See Section 1(b) above for a detailed listing of
notification requirements by type of regulated waste activity and
regulated entity).  However, the respondent activities for each type of
regulated waste are largely the same and are not described separately.

	(i)	Data Items

Hazardous Waste Activity

	

	Hazardous waste generators; transporters; recyclers; and treatment,
storage, and disposal facilities must notify of their hazardous waste
activities, including the location and general description of the
activities and the hazardous wastes handled.  They also must obtain an
EPA Identification Number.  To do so, they must complete a Notification
Form (EPA Form 8700-12), including the following data items:

	--	Name of the facility;

	--	Facility mailing address;

	--	Facility location;

	--	Name, title, and business telephone number of the person who should
be 				contacted regarding information on the form;

	--	Ownership information, including the legal status of the current
owner of the 			facility;

	--	Information on the type of hazardous waste activity;

	--	Information on whether this is the initial notification or a
subsequent notification;

	--	A description of the hazardous wastes handled at the facility; and

	--	A certification signed by the facility owner, operator, or
authorized representative

Universal Waste Activity

	Large quantity handlers of universal waste must notify EPA of their
universal waste activities and obtain an EPA Identification Number by
completing and submitting EPA Form 8700-12, as described above, or
completing and submitting a letter to EPA requesting an EPA
Identification Number.  The letter must include the following data
items: 

	--	The universal waste handler’s name and mailing address;

	--	Name and business telephone number of the person who should be
contacted 			regarding the universal waste management activities;

	--	Address or physical location of the universal waste management
activities;

	--	A list of all of the types of universal waste managed by the
handler; and

	--	A statement indicating that the handler is accumulating more than
5,000 kg of 			universal waste at one time and the types of universal
waste (e.g., batteries, 			pesticides, thermostats) the handler is
accumulating above this quantity.

Used Oil Management Activity

	Used oil handlers must notify EPA of their used oil management
activities and obtain an EPA Identification Number by completing and
submitting EPA Form 8700-12, as described above, or completing and
submitting a letter to EPA requesting an EPA Identification Number.  The
letter must include the following data items:

	--	Company name;

	--	Owner of company;

	--	Mailing address of company;

	--	Name and telephone number of company contact;				

	--	Type of used oil management activity(ies);

	--	Location of facility(ies) (except for used oil fuel marketers); and 

	--	Name and telephone number of each contact at each transfer facility,
if applicable 			(for used oil transporters and transfer facilities
only).

	(ii)	Respondent Activities

	 To provide EPA with the required information, facilities generating,
handling, or managing regulated wastes, including hazardous wastes as
defined by 40 CFR Part 261, universal wastes as defined by 40 CFR Part
273, and used oil as defined by 40 CFR Part 279 must perform the
following activities for both initial and subsequent notifications:

	--	Read the regulations and instructions; and

	--	Complete and submit EPA Form 8700-12, or (for large quantity
handlers of universal waste or used oil handlers only) a letter
requesting an EPA Identification Number.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

	5(a)	AGENCY ACTIVITIES

	Activities of authorized State agencies and EPA Regional offices
associated with the requirement for regulated waste generators,
handlers, and managers to obtain an EPA Identification Number include
reviewing the completed Notification Form, entering information into the
EPA national data base, generating an EPA Identification Number and
sending that number to the regulated waste generator, handler, or
management facility.

	5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

	EPA keeps records of and reviews all of the information submitted. 
Authorized States and EPA Regions enter the information on the
Notification Forms into electronic data base systems.  States coordinate
with the EPA Regions and OSW Headquarters to supply EPA with the data
reported for inclusion in the RCRAInfo national database.

	

5(c)	SMALL ENTITY FLEXIBILITY

	Some respondents will be individuals or small organizations.  However,
EPA believes that the information to be collected is the minimum amount
necessary to fulfill the statutory requirements of RCRA.

	5(d)	COLLECTION SCHEDULE

Hazardous Waste Activity

	Under sections 262.12, 263.11, 264.11 and 265.11, all new hazardous
waste generators, transporters, and TSDFs must notify EPA of their
hazardous waste activities and obtain an EPA Identification Number
before treating, storing, transporting, offering for transport, or
disposing of hazardous waste.  Under section 270.1(b), these hazardous
waste generators, transporters, and TSDFs, are also subject to newly
promulgated or revised regulations at 40 CFR Part 261 (identification
and listing of hazardous wastes) and must notify EPA of new or revised
hazardous waste activities no later than 90 days after promulgation or
revision.  In addition, other generators; transporters; recyclers; and
treatment, storage and disposal facilities that are subject to
notification requirements under sections 266.21, 266.22, 266.23,
266.70(b)(1), 266.80(b)(1)(i), 266.80(b)(2)(i), 266.101(a), 266.101(b),
266.101(c), 266.102(a)(2)(ii), 266.103(a)(4)(ii), and 273.60(a) must
notify EPA of their hazardous waste activities within the same time
frame.  Under section 273.54, universal waste transporters who determine
that any material resulting from a release of universal waste is a
hazardous waste are subject to 40 CFR Part 262.  As a result, these
transporters may also be subject to, under these circumstances, the
section 262.12 notification requirements and procedures.  As such, these
transporters must, at that time, notify EPA of their hazardous waste
activities and obtain an EPA Identification Number before treating,
storing, transporting, offering for transport, or disposing of hazardous
waste.  Finally, owners or operators of smelting, melting, and refining
furnaces that process hazardous waste either solely for metals recovery
or for recovery of economically significant amounts of certain precious
metals under sections 266.100(c)(1)(i) and 266.100(f)(1), respectively,
and facilities that qualify for the small quantity on-site burner
exemption under section 266.108(d) must provide a written, one-time
notification of their hazardous waste activities.

Universal Waste Activity

	Under Section 273.32(a)(1), large quantity handlers of universal waste
must submit a written, one-time notification of universal waste activity
to the Regional Administrator and obtain an EPA Identification Number
before meeting or exceeding the 5,000 kg storage limit, unless they
already have notified EPA, as provided by section 273.32(a)(2) or
273.32(a)(3).

Used Oil Management Activity

	Under sections 279.42, 279.51, 279.62 and 279.73, used oil handlers who
were not previously required to comply with the notification
requirements (under 40 CFR Part 266, Subpart E) must submit a written,
one-time notification of their used oil management activities and obtain
an EPA Identification Number.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a)	ESTIMATING RESPONDENT BURDEN

	EPA estimated respondent burden hours associated with all of the
requirements covered in this ICR in Exhibit 1.  The exhibit includes the
number of hours required to conduct the information collection activity
and the cost associated with each requirement.  Some totals may not add
up due to rounding errors.  In developing burden estimates for each
information collection requirement in this ICR, EPA consulted with
members of the regulated community.

	Based on consultations with members of the regulated community, EPA
split the respondent activities into initial and subsequent
notifications.  In doing so, EPA estimates that the average time for an
initial notification to be 2 hours.  In contrast, the average time for a
subsequent notification is estimated to be 1 hour.

	However, EPA did not split the respondent activities for large quantity
handlers of universal waste or used oil handlers into two activities:
completing the Notification Form or writing a letter.  While the amount
of time for using a letter in lieu of the Notification Form might be
less, EPA assumed that all large quantity handlers of universal waste
and used oil handlers will use the Notification Form to comply with
their respective notification requirements.  In using this approach, EPA
has likely overstated the burden associated with these two types of
handlers. 

	6(b)	ESTIMATING RESPONDENT COSTS

	In Exhibit 1, EPA also estimates respondent costs associated with this
ICR.  In the following paragraphs, EPA describes the data and
assumptions used in the exhibit.

	(i)	Estimating Labor Costs 

	EPA estimates an average hourly respondent labor cost (including
overhead) of $116.00 for legal staff, $84.00 for managerial staff,
$64.00 for technical staff, and $36.00 for clerical staff.  To arrive at
these estimates, EPA consulted the May 2004 Occupational Employment
Statistics (OES) Survey from the Bureau of Labor Statistics, Department
of Labor; this survey  summarizes the unloaded (base) hourly rate for
various labor categories in U.S. firms.  EPA then applied an overhead
factor of 2.3 for non-legal staff and 3.0 for legal staff to derive
their loaded hourly rates.  Using the total burden hours discussed in
Section 6(a) and the wage rates outlined in this section, Exhibit 1
illustrates the labor costs associated with all of the information
collection requirements covered in this ICR.

	

	(ii)	Estimating Capital and Operations and Maintenance (O&M) Costs

	EPA estimates that facilities may incur annual capital and operations
and maintenance costs associated with specific activities. There are no
capital costs associated with completing and submitting the Notification
Form.  For submittal of information or notices, EPA estimates that
facilities will incur $4.20 in O&M costs each year for the three-year
period of the ICR. This estimate is based on the mailing cost of $4.20
for a two-pound package.  There are no costs associated with the
purchase of a service included in the O&M costs.

6(c)	ESTIMATING AGENCY BURDEN AND COSTS

	EPA estimates annual Agency burden hours and costs associated with all
of the requirements covered in this ICR in Exhibit 2.  Based on a 2005
GS pay schedule, EPA estimates an average hourly Regional labor cost of
$87.01 for legal staff, $76.77 for managerial staff, $55.23 for
technical staff, and $23.55 for clerical staff.  The labor costs were
based on the following GS levels and steps: legal labor rates were based
on GS Level 15, Step 5, managerial labor rates were based on GS Level
15, Step 1, technical labor rates were based on GS Level 13, Step 1, and
clerical labor rates were based on GS Level 6, Step 1.  EPA multiplied
hourly rates by the standard government overhead factor of 1.6.

	

		

EXHIBIT 1 











	NOTIFICATION OF REGULATED WASTE ACTIVITY











	ESTIMATED ANNUAL RESPONDENT BURDEN AND COST 























	                                          













Hours and Costs per Respondent	Total Hours and Costs













	INFORMATION COLLECTION ACTIVITY	Legal

$116.00/h 	Manager

$84.00/hr	Technical

$64.00/hr	Clerical

$36.00/hr	Respon.

Hours/

Year	Labor

Cost/

Year	Capital/

Startup

Costs	O&M

Costs	Number of

Respondents	Total

Hours/

Year	Total

Cost/

Year

Initial Notification 











	Read the regulations and instructions	0.00 	1.00 	1.00 	0.00 	2.00 
$148.00 	$0.00 	$0.00 	13,487	26,974.00	$1,996,076.00

Complete and submit EPA Form 8700-12 or a letter requesting an EPA
Identification Number	0.00 	0.15 	0.50 	0.10 	0.75	$80.33 	$0.00 	$4.20 
13,487	10,115.25	$1,140,056.10

Subtotal*	0.00 	1.15	1.5	0.1	2.75	$228.33	$0.00 	$4.20 	13,487	37,089.25
$3,136,132.10

Subsequent Notification 











	Read the regulations and instructions	0.00 	0.30 	0.45 	0.00 	0.75
$90.00	$0.00 	$0.00 	42,428	31,821.00	$3,818,520.00

Complete and submit EPA Form 8700-12 or a letter	0.00 	0.14 	0.10	0.50
0.74	$60.26	$0.00 	$4.20 	42,428	31,396.72	$2,734,908.80

Subtotal*	0.00 	0.44	0.55	0.5	1.49	150.26	$0.00 	$4.20 	42,428	63,217.72
$6,553,428.80

Total*	0.00 	varies	varies	varies	varies	varies 	$0.00 	varies	varies
100,306.97	$9,689,560.90

*  Some totals may not add up due to rounding errors.









	

EXHIBIT 2











	NOTIFICATION OF REGULATED WASTE ACTIVITY











ESTIMATED ANNUAL AGENCY AND AUTHORIZED STATE BURDEN AND COST 

















































	Hours and Costs per Respondent	Total Hours and Costs













	INFORMATION COLLECTION ACTIVITY	Legal

$87.01/hr	Manager

$76.77/hr	Technical

$55.23/hr	Clerical

$23.55/hr	Respon.

Hours/

Year	Labor

Cost/

Year	Capital/

Startup

Costs	O&M

Costs	Number of

Respondents	Total

Hours/

Year	Total

Cost/

Year

Initial Notification











	Review initial notification from completed EPA Form 8700-12 or letter
requesting an EPA Identification Number 	0.00 	0.00 	0.25 	0.00 	0.25 
$23.01	$0.00 	$0.00 	13,487	3,371.75	$310,335.87

Enter initial notification information into database	0.00 	0.00 	0.30 
.10 	0.4	$31.53	$0.00 	$0.00 	13,487	5,394.80	$425,245.11

Generate EPA Identification Number and send EPA Identification Number to
regulated waste generator, handler, or manager	0.00 	0.00 	0.00 	0.10 
0.1	$3.92	$0.00 	$0.45 	13,487	1,348.70	$58,938.19

Subtotal*	0.00 	0.00 	0.55 	.20 	0.75	$58.46	$0.00 	$0.45 	13,487
1,0115.25	$794,519.17

Subsequent Notification 











	Review subsequent notification from completed EPA Form 8700-12 or
letter 	0.00 	0.00 	0.25 	0.00 	0.25 	$12.74	$0.00 	$0.00 	42,428
10,607.00	$540,532.72

Enter subsequent notification information into database	0.00 	0.00 	0.00
	0.50 	0.50 	$10.87	$0.00 	$0.00 	42,428	21,214.00	$461,192.36

Subtotal*	0.00 	0.00 	0.25 	0.50 	0.75 	$23.61 	$0.00 	$0.00 	42,428
31,821.00	$1,001,725.08

Total*	0.00 	0.00 	varies	varies	varies	varies	$0.00 	varies	55,915
41,936.25	$1,790,175.10

*  Some totals may not add up due to rounding errors.









	



6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

Respondent Universe

	Based on the RCRAInfo database, EPA estimates that approximately 13,487
regulated waste generators, handlers, and managers will submit initial
notifications and 42,428 regulated waste generators, handlers, and
managers will submit subsequent notifications to EPA annually over the
three years covered by this ICR.  The number of new and subsequent
regulated waste handlers used in this ICR were obtained by averaging the
number of initial and subsequent notifications tracked by RCRAInfo for
fiscal years 2002, 2003, and 2004.  The universe numbers are used to
calculate the total respondent burden and costs per information
collection activity shown in Exhibit 3 of this ICR.

Total Burden and Cost

	Exhibit 3 illustrates the respondent costs associated with all of the
information collection activities covered in this ICR. As shown in
Exhibit 3, EPA estimates that the total annual respondent burden for all
activities covered in this ICR is approximately 100,307 hours, at an
annual cost of $9,689,561.

EXHIBIT 3





	NOTIFICATION OF REGULATED WASTE ACTIVITY





TOTAL ESTIMATED RESPONDENT BURDEN AND COST SUMMARY

















	INFORMATION COLLECTION ACTIVITY	Total Hourly Burden	Total Annual
Capital Costs	Total Annual O&M Costs	Total Annual Labor Costs	Total
Annual Costs

Initial Notification 





	Read the regulations and instructions	26,974.00	$0.00	$0.00
$1,996,076.00	$1,996,076.00

Complete and submit EPA Form 8700-12 or a letter requesting an EPA
Identification Number	10,115.25	$0.00	$56,645.54	$1,083,410.70
$1,140,056.20

Subtotal*	37089.25	$0.00	$56,645.54	$3,079,486.7	$3,136,132.2

Subsequent Notification 





	Read the regulations and instructions	31,821.00	$0.00	$0.00
$3,818,520.00	$3,818,520.00

Complete and submit EPA Form 8700-12 or a letter	31,396.72	$0.00
$178,197.60	$2,556,711.20	$2,734,908.8

Subtotal*	63,217.72	$0.00	$17,8197.60	$6,375,231.2	$6,553,428.8

Total*	100,306.97	$0.00	$234,843.14	$9,454,717.9	$9,689,561.00

* Some totals may not add up due to rounding errors.

										

6(e)	BOTTOM LINE BURDEN HOURS AND COSTS

	Exhibit 3 shows the aggregate annual hour and cost burden to
respondents.  As shown in the exhibit, EPA estimates the annual
respondent burden to be 100,307 hours and $9,689,561.00.  The bottom
line burden to respondents over three years is 300,921 hours at a cost
of $29,068,683.00.

6(f)	REASONS FOR CHANGE IN BURDEN

	This ICR describes the total respondent burden for all activities
required for the Notification of Regulated Waste Activity.  In reviewing
burden estimates for the submitting initial and subsequent
notifications, EPA relied on data estimates from RCRAInfo for this
activity.  ICR #0261.14 estimated a total annual respondent burden of
96,250 hours.  This ICR estimates a total annual respondent burden of
100,307 hours.  This is an increase of approximately 4,057 hours.  The
estimates from the RCRAInfo database form the basis for the estimated
increase in the burden for this ICR. Based on the data, estimates for
the overall burden associated with initial and subsequent notifications
increased.

	The reason for the increase is that, prior to RCRAInfo, EPA did not a
have a consistent mechanism in place to track initial and subsequent
notifications from state to state.  For the previous renewal, ICR
#0261.14, we did not have the capability to access RCRInfo because EPA
was converting from the RCRIS database to RCRAInfo at that time.  The
information from the RCRAInfo database shows that the number of
respondents submitting subsequent notifications was underestimated in
the past.

	EPA believes the burden will decrease over time because more
respondents are using electronic reporting methods, especially those
submitting several forms.  The respondent use of electronic reporting
will also decrease the burden and cost of recordkeeping. In particular,
consultations show that the estimated time to prepare and submit initial
and/or subsequent notifications has reduced. These revisions do not
reflect any change in requirements; they represent instead a more
accurate representation of the respondent universe and the burden and
costs that respondents will incur as a result of this information
collection.

				6(g)	BURDEN STATEMENT  tc "6(g)	BURDEN STATEMENT " \l 2 

	EPA believes this ICR is an accurate and complete portrait of the
burden for both initial and subsequent notifications, total respondent
burden, and number of respondents to be affected by the notification
requirements. 

	The reporting burden for information collection requirements associated
with initial notification requirements is estimated to be approximately
2 hours.  The burden estimate includes time for reading the regulations
and preparing and submitting the initial notification.  There are no
recordkeeping requirements associated with the initial notifications,
and as such, there is no recordkeeping burden.

	The reporting burden for information collection requirements associated
with subsequent notification is estimated to be approximately 1hour. 
The burden estimate includes time for reading the regulations, preparing
and submitting a subsequent notification. There are no recordkeeping
requirements associated with subsequent notifications, and as such,
there is no recordkeeping burden.

	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
EPA-HQ-RCRA-2005-0013, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Resource Conservation and Recovery Act (RCRA)
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the RCRA Docket is (202)
566-0270.  An electronic version of the public docket is available at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-RCRA-2005-0013 and OMB Control Number
2050-0028椠⁮湡⁹潣牲獥潰摮湥散മ഍ഃЍ഍ഃЍ഍–䅐
䕇†ㄔᔳ഍ግ倠䝁⁅ᐠ㔱കഀ഍഍–䅐䕇†ㄔᔶ

഍഍ግ倠䝁⁅ᐠ㘱കഀ഍഍उउउउጉ倠䝁⁅ᐠ㜱കഀ
഍഍–䅐䕇†ㄔᔹ

഍഍഍

