SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 2308.02

Revisions to the Requirements for Transboundary Shipments of Wastes
between OECD Countries, the Requirements for Export Shipments of Spent
Lead Acid Batteries, the Requirements on Submitting Exception Reports
for Export Shipments of Hazardous Wastes, and the Requirements for
Imports of Hazardous Wastes

FINAL

December 2009

Office of Resource Conservation and Recovery

United States Environmental Protection Agency

Washington, D.C. 20460

	TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . .
. 3

1(a)	Title and Number of the Information Collection . . . . . . . . . .
. . . . . . . . . . 3

1(b)	Short Characterization . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 3

NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . .
. . . . . .8

	2(a)	Need and Authority for the Collection  . . . . . . . . . . . . . .
. . . . . . . . . . . . . 8

	2(b)	Practical Utility and Users of the Data . . . . . . . . . . . . .
. . . . . . . . . . . . . . .9

NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .  9

	3(a)	Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .9

	3(b)	Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 10

	3(c)	Consultations . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 10

	3(d)	Effects of Less Frequent Collection . . . . . . . . . . . . . . .
. . . . . . . . . . . . .  10

	3(e)	General Guidelines . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .11

	3(f)	Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 11

	3(g)	Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .11

THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . 11  TC
\l1 "THE RESPONDENTS AND THE INFORMATION REQUESTED"  

	4(a)	Respondents and SIC/NAICS Codes . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 11

	4(b)	Information Requested . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 14

THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT  . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .23

	5(a)	Agency Activities . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 23

	5(b)	Collection Methodology and Management

 . . . . . . . . . . . . . . . . . . . . . . .  24

	5(c)	Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .  . . . 24

	5(d)	Collection Schedule . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 25

ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION . 25

6(a)	Estimating Respondent Burden . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .  25

6(b)	Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .  26

6(c)	Estimating Agency Burden and Costs . . . . . . . . . . . . . . . .
. . . . . . . . . . . 28

	6(d)	Estimating the Respondent Universe and Total Burden and Costs . .
. . . 28

	6(e)	Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . .
. . . . . . . . . . . 35

	6(f)	Reasons for Change In Burden

 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  36

	6(g)	Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 36

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection

 tc \l3 " 	This information collection request (ICR) is entitled
"Revisions to: the Requirements for Transboundary Shipments of Wastes
between OECD Countries, the Requirements for Export Shipments of Spent
Lead Acid Batteries, the Requirements on Submitting Exception Reports
for Export Shipments of Hazardous Wastes, and the Requirements for
Imports of Hazardous Wastes," EPA ICR Number 2308.01.

1(b)	Short Characterization 

The U. S. Environmental Protection Agency (EPA) is promulgating a final
action to amend the existing regulations governing shipments
(export/import/transit) of hazardous wastes destined for recovery
between the U.S. and the Organization for Economic Cooperation and
Development (OECD) countries.  The action integrates into the Code of
Federal Regulations (CFR) various OECD Council Decisions revising the
rules governing transboundary movement of hazardous wastes among OECD
countries, which the U.S, as a signing party, is obligated to implement.
 In order to implement this legally-binding obligation, EPA is taking
action to amend the existing regulations at 40 CFR 262, subpart H.  EPA
is also taking this opportunity to make technical corrections and
clarifications to the regulations at 40 CFR part 262; §262.10(d);
§262.58(a); §262.58(b); §263.10(d); §264.12(a)(2); and
§265.12(a)(2).  The Agency’s regulatory changes do not increase the
scope of hazardous wastes subject to U.S. export and import controls. 
However, they modify the procedural controls governing U.S. export and
import of hazardous waste shipped for recovery operations among OECD
Member countries (except for Canada and Mexico).  Hazardous waste
shipments to Canada and Mexico will continue to move under the current
bilateral agreements and regulations.

As part of this final action, EPA is also regulating exports of Spent
Lead-Acid Batteries (SLAB) to OECD countries (except for Canada and
Mexico) under the same rule above (40 CFR 262, subpart H) while
regulating SLAB exports to non-OECD countries (including Canada and
Mexico) under 40 CFR 262, subpart E requirements.  (Currently, SLABs are
exempt from any export requirements when managed under 40 CFR 266
subpart G ("SLAB Regulations").  SLABs may also be managed as Universal
Wastes under 40 CFR 273 ("Universal Waste Regulations") under which
specific export requirements apply; however, very few exporters have
chosen to do so.)  Specifically, exporters of SLABs destined for
reclamation in one of the OECD Member countries listed in
§ 262.58(a)(1) would be required to comply with the Amber control
procedures in §262.83.  Under the Amber control procedures, an exporter
must submit a complete notification of its intent to export to EPA at
least 45 days before the export is scheduled to leave the United States
(or at least ten days if the shipment is going to a pre-approved
facility in the country of import).  Exporters of SLABs destined for
reclamation in countries not listed in §262.58(a)(1) would be required
to comply with the primary exporter notification requirements in
§262.53, and export the SLABs only upon consent of the receiving
country and in conformance with the EPA Acknowledgement of Consent as
defined in 40 CFR part 262, subpart E.  

	Also incorporated into this action is a requirement for documentation
necessary to confirm EPA’s consent to import.  Specifically, U.S.
receiving facilities must match EPA-provided import consent
documentation to incoming hazardous waste import shipments and submit to
EPA a copy of the relevant import consent documentation (along with a
copy of the RCRA hazardous waste manifest currently required) within
thirty days of each import shipment delivery.  These changes modify the
language in §264.71(a)(3), and §265.71(a)(3).  

Finally, this action revises the current language in §262.55 and
§262.87(b) to specify that exception reports be submitted directly to
the Director, International Compliance and Assurance Division (ICAD), of
the Office of Enforcement and Compliance Assurance (OECA), EPA
Headquarters, rather than to the EPA “Administrator.” 

REGULATORY CHANGES/AMENDMENTS

A. Changes to   SEQ CHAPTER \h \r 1 40 CFR part 262, subpart E

The final rule amends the exception reporting requirements in §262.55
to specify that all exception reports be submitted to the Office of
Enforcement and Compliance Assurance’s Office of Federal Activities in
Washington, D.C. rather than to the Administrator.  In addition,   SEQ
CHAPTER \h \r 1 the rule updates §262.10(d) and §262.58(a) to reflect
that export shipments of SLABs being managed under 40 CFR part 266,
subpart G that are destined for recovery in one of the OECD Member
countries listed in §262.58(a)(1) are subject to the requirements of
subpart H.  Finally, the rule adds language in §262.58(b) of subpart E
to clarify that hazardous waste exports subject to subpart E and
hazardous waste imports subject to subpart F are not subject to subpart
H in order to reduce confusion for U.S. exporters and importers. 

B. Changes to 40 CFR part 262, subpart H   

	

All but the last three of the changes listed below are necessary to
conform to the revisions in the Amended 2001 OECD Decision.  These
changes range from substantive revisions and amendments to changes in
terminology to simple editorial changes.  Collectively, these changes
serve to implement the Amended 2001 OECD Decision, as well as clarify
certain sections that were previously ambiguous to the regulated
community.  Changes to 40 CFR part 262, subpart H include the following:

(1) Changes in terminology

The final rule adopts several terms and definitions updated in the
Amended 2001 OECD Decision to limit any unnecessary confusion between
the U.S. regulations and those of other OECD Member countries and to
promote consistency with the Amended 2001 OECD Decision. 

(2)   SEQ CHAPTER \h \r 1 The number of different levels of control
reduced from three (Green, Amber, and Red) to two (Green, Amber) and the
waste lists updated

Both the Green and Amber waste lists are cited in §262.89.  The final
rule amends §262.89(d) to incorporate by reference the most current
OECD waste lists from the Amended 2001 OECD Decision.  All wastes
formerly appearing on the Red list will be subject to the Amber control
procedures.

(3) References to unlisted wastes eliminated in favor of “wastes not
covered in Appendices 3 and 4 of the OECD Decision”

The rule replaces the term “unlisted wastes” currently used in
§262.83(d) with “wastes not covered in Appendices 3 and 4 of the OECD
Decision,” so that wastes not on these lists are not subject to the
Amber control procedures.  The rule also renumbers §262.83(d) to
§262.83(c) since the current §262.83(c) addresses “red-list
wastes” and is no longer needed.  

(4) Transboundary movements may now qualify for a laboratory analysis
exemption

The final §262.82(g) allows for waste samples that are sent for
laboratory analyses to be exempt from the Amber control procedures
provided they meet the same conditions as set forth in the Amended 2001
OECD Decision.  Such analytical samples must still be appropriately
packaged and labeled.

(5) Recovery facilities must submit a certificate of recovery

The final rule incorporates the certificate recovery provisions of the
Amended 2001 OECD Decision in §262.83(e) (while the current §262.83(e)
on notification requirements is renumbered to §262.83(d), as addressed
below).  The final rule requires that the recovery facility must send
copies of the certificate of recovery to the exporter and competent
authorities of the countries of export and import by mail, e-mail
followed by mail, or fax followed by mail.  

(6) Amendments to notification requirements

The final rule amends §262.83(e) (and renumbers to §262.83(d)) by
incorporating several new OECD notification requirements, including:
exporter and importing recovery facility e-mail address; e-mail address
for importer (if different from the importing recovery facility);
address, telephone, fax, and e-mail address of intended transporter(s);
means of transport envisioned; and specification of the type of recovery
operation(s) that will be used, according to §262.81.

(7) The consideration period for transboundary movements to pre-approved
facilities has been reduced and the allowable notice coverage period has
been increased

	

The final rule amends §262.83(b)(2)(ii) to reflect the Amended 2001
OECD Decision to reduce the consideration period to seven (7) working
days, which can be extended to thirty (30) days by the competent
authority in exceptional cases.  The final rule also amends
§262.83(b)(2)(i) to reflect the Amended 2001 OECD Decision to increase
the allowable notice coverage period for general notifications to three
(3) years.

(8) New procedures for the pretreatment of hazardous wastes at R12/R13
recovery facilities

The final rule incorporates the new requirements imposed by the Amended
2001 OECD Decision for transboundary movements of wastes destined for
R12 and R13 recovery operations (transfer and accumulation,
respectively)  in §262.82(f).

(9)   SEQ CHAPTER \h \r 1 New provisions regarding mixtures of hazardous
wastes 

The final rule revises the text in §262.82(a) to clarify that only
those wastes and waste mixtures considered hazardous under U.S. national
regulations will be subject to the Amber control procedures within the
United States.

(10) New provisions regarding the return and re-export of hazardous
wastes subject to the Amber control procedures

The final rule sets forth the re-export and return provisions of the
Amended 2001 OECD Decision in §§262.82(c), 262.82(d), and 262.82(e),
on measures to be taken in case a transboundary movement of hazardous
waste that is subject to the Amber control procedures cannot be
completed as intended.

(11) SLABs are now covered by EPA’s OECD rule

The final rule updates §262.80(a) to reflect that export shipments of
SLABs being managed under 40 CFR part 266, subpart G that are destined
for recovery in one of the OECD countries listed in §262.58(a)(1) are
subject to 40 CFR part 262, subpart H. 

(12) Technical Corrections to EPA’s OECD rule

The final rule makes several technical corrections to EPA’s current
OECD rule, including corrections to capitalization, syntax, and
punctuation errors.  In these changes, EPA is not making any substantive
revisions, but is seeking to eliminate any confusion on the part of the
regulated community by striving for consistency both within the
regulations and with the terms of the Amended 2001 OECD Decision.  

(13) Change to the submittal address for exception reports

The final rule amends the exception reporting requirements in
§262.87(b) to specify that all exception reports are to be submitted to
the Office of Enforcement and Compliance Assurance’s Office of Federal
Activities in Washington, D.C. rather than the Administrator.  

	C. Changes to 40 CFR 263.10(d)

The final rule updates §263.10(d) to reflect that export shipments of
SLABs being managed under 40 CFR part 266, subpart G that are destined
for recovery in one of the OECD countries listed in §262.58(a)(1) are
subject to 40 CFR part 262, subpart H.

D. Changes to 40 CFR 264.12(a)(2) and 40 CFR 265.12(a)(2)

The final rule amends §§264.12(a)(2) and 265.12(a)(2) by, among other
things, requiring owners or operators of recovery facilities to submit a
certificate of recovery as soon as possible after the recovery is
completed, but no later than thirty (30) days after the completion of
recovery and no later than one (1) calendar year following the receipt
of the hazardous waste. 

E. Changes to 40 CFR 264.71 and 40 CFR 265.71

	The final rule amends §§264.71(a)(3) and 265.71(a)(3) by requiring
owners or operators of facilities receiving imported hazardous wastes to
submit to EPA the written documentation of EPA’s consent to the import
along with a copy of the RCRA hazardous waste manifest for the shipment
that they are currently required to submit to EPA within thirty (30)
days of shipment delivery.  This will enable EPA to match the individual
shipment manifest to the consent for an annual notice from a foreign
exporter.  In addition, the rule also updates §§264.71(d) and
265.71(d) to reflect the current address for the Office of Enforcement
and Compliance Assurance’s Office of Federal Activities in Washington,
D.C.

F. Changes to 40 CFR 266.80(a)

The existing regulations at 40 CFR part 266, subpart G, “Spent
Lead-Acid Batteries Being Reclaimed,” exempt exporters of SLABs
destined for reclamation from the export requirements of 40 CFR part
262.  EPA is amending the table located at §266.80 by including two
additional rows to the current table.  These additional rows will
effectively require that exporters and transporters of SLABs being sent
to a foreign country for reclamation will need to meet the universal
waste requirements concerning the export of SLABs for reclamation. 
Specifically, exporters will need to either comply with the requirements
in 40 CFR part 262, subpart H when the shipments are destined to one of
the OECD Member countries listed in §262.58(a)(1), or with relevant
requirements in 40 CFR part 262, subpart E when the shipments are
destined for any country not listed in §262.58(a)(1).

G. Changes to 40 CFR 271.1

	

This final rule amends Table 1 and Table 2 of §271.1 by adding
references to the revisions which amend 40 CFR part 262, subpart E to
reflect that subpart E implements the Hazardous and Solid Waste
Amendments of 1984.

NEED FOR AND USE OF THE COLLECTION

	2(a)	Need and Authority for the Collection

	EPA is promulgating the above regulatory changes/amendments under the
authority of Sections 1006, 1007, 2002(a), 3001-3010, 3013-3015, and
3017 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (RCRA), and as amended by the Hazardous
and Solid Waste Amendments, 42 U.S.C. 6905, 6906, 6912, 6921-6930, 6934,
and 6938.

The final rule is intended to implement the Amended 2001 OECD Decision,
which amended the OECD Decision (1992) on the same subject.  The purpose
of these revisions was to encourage consistency and harmonization
between the OECD and the Basel Convention, which in turn, promotes
economic efficiency and the recovery of waste in an environmentally
sound manner.

The Amended 2001 OECD Decision was supported by the United States and
imposes legally binding commitments on the United States pursuant to
Articles 5(a) and 6 of the OECD Convention.  By consenting to the
Decision, the United States Government has agreed to promulgate
regulations necessary to ensure that the United States can uphold the
agreement.

	2(b)	Practical Utility and Users of the Data

The Office of Enforcement and Compliance Assurance, U.S. EPA, uses the
information provided by each U.S. exporter, U.S. importer, and U.S.
receiving facility to determine compliance with the applicable RCRA
regulatory provisions.  In addition, the information is used to
determine the number, origin, destination, and type of exports from and
imports to the U.S. for tracking purposes and for reporting to the OECD.
This information also is used to assess the efficiency of the program.

NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	

	3(a)	Nonduplication

Except as described below, the OECD Decision does not result in the
collection of duplicate data.  Although some of the information required
for the hazardous waste manifest and the movement document is
substantively the same, up to six pieces of additional information are
required for the movement document.  In addition, these two documents
serve different purposes. A signed copy of the hazardous waste manifest,
which is not valid beyond U.S. borders, is dropped off at the U.S.
Customs check point when the shipment leaves the U.S. to verify
pertinent information, including point of departure, date, destination,
and contents of the shipment. The movement document must accompany the
shipment until it reaches the foreign recovery facility.  The signed
movement document is subsequently returned to EPA and the U.S. exporter
to acknowledge receipt of the shipment in accordance with the OECD
Decision.

In certain cases, some of the information on the tracking document also
may be

collected by the Department of Commerce in its Census Bureau form titled
"Shipper's Export Declaration" (15 CFR Part 30).  This form, which is
required for all shipments that have a value in excess of $2,500, must
be filed at the U.S. port of exit, similar to the current export
requirements.  However, the information contained in the Census Bureau's
form is not adequate for EPA's purpose of tracking and identifying the
export of hazardous waste from the U.S.  For example, the wastes are
identified by tariff codes that are less precise than the waste codes
required by the tracking document.

Because the OECD Decision applies only to hazardous waste destined for
recovery, it is likely that some of the wastes may have a value in
excess of $2,500.  EPA believes that the economic interest served by
allowing recovery operations to continue within the OECD and the
interest in protecting human health and the environment served by the
tracking document outweigh the potential minor costs to a small number
of exporters that may have to complete the Census Bureau form in
addition to the tracking document.

	3(b)	Public Notice

	Under the Paperwork Reduction Act of 1995, EPA requested public
comments on the information collection provisions of the proposed rule
published in the Federal Register on October 6, 2008.  Comments had to
be received by OMB on or before November 5, 2008.  No comments on the
information collection provisions were submitted.

	3(c)	Consultations

As noted previously, OECD Council Decisions are international agreements
that create binding commitments on the United States, unless otherwise
provided in the Articles to the 1960 Convention.  Therefore, by
consenting to the Amended 2001 OECD Decision, the United States
Government has agreed to establish legal measures necessary to ensure
that the United States can uphold the agreement.  EPA believes that RCRA
contains adequate authority to promulgate the requirements of the
Amended 2001 OECD Decision. 

EPA consulted with industry concerning OECD imports and exports in July
2004 and consulted with industry concerning SLAB recycling and export
shipments in 1998.  See Appendix A in “September 1998 Industry
Study.pdf,” and “Consultation Telephone Logs_092704.pdf” available
in the public docket for this rulemaking.

	3(d)	Effects of Less Frequent Collection

 tc \l3 "3(d)	EFFECTS OF LESS FREQUENT COLLECTION 

EPA has carefully considered the burden imposed upon the regulated
community by the final regulatory changes/amendments other than those
required to implement the legally binding obligation of the Amended 2001
OECD Decision.  EPA is confident that the activities required of
respondents are necessary, and to the extent possible, has attempted to
minimize the burden imposed.  EPA believes strongly that if the minimum
requirements specified under the regulations are not met, EPA can not
ensure that hazardous wastes are properly managed and do not pose a
serious threat to human health and the environment.

 

	3(e)	General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act
of 1995, OMB’s implementing regulations, OMB’s Information
Collection Review Handbook, and other applicable OMB guidance.

	3(f)	Confidentiality

Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which defines
EPA’s general policy on public disclosure of information, contain
provisions for confidentiality.  However, the Agency does not anticipate
that businesses will assert a claim of confidentiality covering all or
part of the final rule.  If such a claim were asserted, EPA must and
will treat the information in accordance with the regulations cited
above.  EPA also will assure that this information collection complies
with the Privacy Act of 1974 and OMB Circular 108.

	3(g)	Sensitive Questions

No questions of a sensitive nature are included in the information
collection requirements associated with the final rule.

THE RESPONDENTS AND THE INFORMATION REQUESTED  TC \l1 "THE RESPONDENTS
AND THE INFORMATION REQUESTED"  

	4(a)	Respondents and SIC/NAICS Codes

OECD Revisions

The OECD revisions in this final rule affect all persons who export or
import hazardous waste, export or import universal waste, or export
spent lead-acid batteries (SLABs) destined for recovery operations in
countries belonging to the Organization for Economic Cooperation and
Development (OECD), except for Mexico and Canada.  Any transboundary
movement of hazardous wastes between the United States and either Mexico
or Canada will continue to be regulated by their respective bilateral
agreements and applicable regulations.  Potentially affected entities
may include, but are not limited to: 

Industry Sector	NAICS	SIC

Utilities	221100	4939

Petroleum and Coal Products Manufacturing 	324	29

Chemical Manufacturing	325100	28

Primary Metal Manufacturing	331	33

Fabricated Metal Product Manufacturing	332	34

Machinery Manufacturing	333	35

Computer and Electronic Product Manufacturing	334110	357

Electrical Equipment, Appliance, and Component Manufacturing	335	36

Transportation Equipment Manufacturing	336	37

Miscellaneous Manufacturing	339900	39

Scrap and Waste Materials 	423930	5093

Materials Recovery Facilities	562920	4953



SLAB Revisions

	The SLAB revisions in this final rule affect all persons who export
SLABs for reclamation in any foreign country.  Potentially affected
entities may include, but are not limited to:

Industry Sector	NAICS	SIC

Hazardous Waste Collectors	562112	4212

Recyclable Material Hauling, Long-Distance	484230	4213

Batteries, automotive, merchant wholesalers	423120	5013

Lead-acid storage batteries, manufacturing	335911	3691

Automotive Parts, Accessories, and Tire Stores	441310	5013

Tire Dealers	441320	5014

All other General Merchandise Stores	452990	5399

New Car Dealers	441110	5511

Recyclable Material Wholesaler	423930	5093

Other Waste Collection	562119	4212

Recyclable Material Collection Services, Solid Waste Collection	562111
4212

Marinas	713930	4493

General Freight Trucking, Long-Distance, TL	484121	4213

General Freight Trucking, Long-Distance, LTL	484122	4213

Specialized Freight Trucking	484200	4213

Freight Carriers (except air couriers), Air Scheduled	481112	4512

Freight Charter Services, Air	481212	4522

Freight Railways, Line-Haul	482111	4011

Freight Transportation, Deep Sea, to and from Domestic Ports	483113	4424

Freight Transportation, Deep Sea, to or from Foreign Ports	483111	4412



Exception Report Revisions for Exports under subparts E and H of 40 CFR
part 262

	

The exception report change to 40 CFR part 262, subpart E and subpart H
of this final rule affect all persons who export hazardous waste,
universal waste, or SLABs to any foreign country.  Potentially affected
entities may include, but are not limited to:

Industry Sector	NAICS	SIC

Utilities	221100	4939

Petroleum and Coal Products Manufacturing 	324	29

Chemical Manufacturing	325100	28

Primary Metal Manufacturing	331	33

Fabricated Metal Product Manufacturing	332	34

Machinery Manufacturing	333	35

Computer and Electronic Product Manufacturing	334110	357

Electrical Equipment, Appliance, and Component Manufacturing	335	36

Transportation Equipment Manufacturing	336	37

Miscellaneous Manufacturing	339	39

Scrap and Waste Materials 	423930	5093



Import Consent Documentation

	The import revisions in this final rule affect all facilities receiving
imported hazardous waste from a foreign country that must comply with
either §264.71(a)(3) or §265.71(a)(3).  This includes those hazardous
waste import shipments originating in OECD countries, as well as in
non-OECD countries.  Potentially affected entities may include, but are
not limited to:

  

Industry Sector	NAICS	SIC

Hazardous Waste Collectors	562112	4212

Recyclable Material Wholesaler	423930	5093

Other Waste Collection	562119	4212

Recyclable Material Collection Services, Solid Waste Collection	562111
4212

Scrap and Waste Materials 	423930	5093

Materials Recovery Facilities	562920	4953



	The lists of potentially affected entities in the above tables may not
be exhaustive.  The Agency’s aim is to provide a guide for readers
regarding those entities that potentially could be affected by this
action.  However, this action may affect other entities not listed in
these tables.  

	4(b)	Information Requested

OECD Revisions

Under the final §262.82(g), the transboundary movement of an Amber
waste is exempt from the Amber control procedures if it is in certain
quantities and destined for laboratory analysis to assess its physical
or chemical characteristics, or to determine its suitability for
recovery operations.  The quantity of such waste shall be determined by
the minimum quantity reasonably needed to perform the analysis in each
particular case adequately, but in no case exceed twenty-five kilograms
(25 kg).  As a result, the affected entities will experience cost
savings, since they will no longer need to comply with the information
collection requirements under the existing regulations. 

(i)	Data Item:

•	None

(ii)	Respondent Activities:

•	None

	Under the final §262.83(e), recovery facilities must provide a
certificate of recovery to the exporter and to the competent authorities
of the countries of export and import.  This certificate of recovery
must be provided as soon as possible, but no later than 30 days after
the completion of recovery and no later than one calendar year following
receipt of waste.  

(i)	Data Item:

•	A certificate of recovery by mail, e-mail without a digital
signature followed by mail, or fax followed by mail.

(ii)	Respondent Activities:

•	Prepare and maintain a copy of the certificate of recovery for each
hazardous waste shipment.

	Under the final §262.82(f), the transboundary movement of wastes
destined for R12 (exchange) and R13 (accumulation) operations must
comply with all Amber control procedures for notification and consent as
set forth in §262.83 and for the movement document as set forth in
§262.84. Additional responsibilities of R12/R13 facilities include:

If wastes are destined for an R12/R13 recovery facility, exporters also
must indicate in the notification the name, address, and telephone and
telefax number of the recovery facility or facilities where the
subsequent R1-R11 recovery operation takes place or may take place.

Within three days of the receipt of the wastes by the R12/R13 recovery
facility, the facility must return a signed copy of the
movement/tracking document to the exporter and to the competent
authorities of the countries of export and import.  The facility must
retain the original of the movement/tracking document for three years.

As soon as possible, but no later than 30 days after the completion of
the R12/R13 recovery operation and no later than one calendar year
following the receipt of the waste, the R12/R13 recovery facility must
send a certificate of recovery to the exporter and to the competent
authorities of the countries of export and import.

When an R12/R13 recovery facility delivers wastes for recovery to an
R1-R11 recovery facility located in the country of import, it must
obtain as soon as possible, but no later than one calendar year
following delivery of the waste, a certification from the R1-R11
facility that recovery of the wastes at that facility has been
completed.  The R12/R13 facility must promptly transmit the applicable
certification to the competent authorities of the countries of import
and export, identifying the transboundary shipments to which the
certification pertain.  

When an R12/R13 recovery facility delivers wastes for recovery to an
R1-R11 recovery facility located in the initial country of export or in
a third country other than the initial country of export, a new
notification is required.

(i)	Data Item:

•	Notification from the exporters indicating the foreseen recovery
facility or facilities where the subsequent R1-R11 recovery operation
takes place or may take place

•	A signed copy of the movement/tracking document from the R12/R13
recovery facility to the exporter and to the competent authorities of
the countries of export and import

•	A certificate of recovery from the R12/R13 recovery facility to the
exporter and to the competent authorities of the countries of export and
import

•	A certificate of recovery from the R1-R11 facility located in the
country of import to the R12/R13 recovery facility

•	A new notification when an R12/R13 recovery facility delivers wastes
for recovery to an R1-R11 recovery facility located in the initial
country of export or in a third country other than the initial country
of export

Respondent Activities:

•	Exporters must indicate in the notification the recovery facility
where the subsequent R1-R11 recovery operation takes place or may take
place.

•	The R12/R13 recovery facility must return a signed copy of the
movement/tracking document to the exporter and to the competent
authorities of the countries of export and import.  The facility must
retain the original of the movement/tracking document for three years.

•	After the completion of the R12/R13 recovery operation, the R12/R13
recovery facility must send a certificate of recovery to the exporter
and to the competent authorities of the countries of export and import.

•	When an R12/R13 recovery facility delivers wastes for recovery to an
R1-R11 recovery facility located in the country of import, it must
obtain a certificate of recovery from the R1-R11 facility.  The R12/R13
facility must promptly transmit the certificate to the competent
authorities of the countries of import and export.  

•	When an R12/R13 recovery facility delivers wastes for recovery to an
R1-R11 recovery facility located in the initial country of export or in
a third country other than the initial country of export, a new
notification is required.

Under the final §262.82(c), §262.82(d), and §262.82(e), when a
transboundary movement of wastes to which concerned OECD Countries have
given consent cannot be completed as intended (e.g., not in accordance
with the notification, consents given by the competent authorities, or
the terms of the contract) and alternative arrangements cannot be made
to recover these wastes in an environmentally sound manner in the U.S.,
the hazardous waste must be returned to the country of export or
re-exported to a third country.  The return of the hazardous waste to
the country of export is to take place within ninety (90) days from the
time when the country of export was informed of the incident, or such
other period of time to which all concerned countries agree.  

(i)	Data Item:

•	Notification to inform EPA of need to return shipment. 

Respondent Activities:

•	U.S. importer must prepare and submit notification to EPA of the
need to return the shipment to the country of export.

SLAB Revisions

EPA is amending the RCRA regulations for SLABs specified in 40 CFR part
266 subpart G by requiring notification and consent for the export of
SLABs.  The final action prescribes specific export requirements for
SLAB exports to two groups of countries, i.e., OECD countries (except
for Canada and Mexico), and non-OECD countries (including Canada and
Mexico).  Specifically, the SLAB exports going to OECD countries will
fall under the revised 40 CFR part 262 subpart H, while those going to
non-OECD countries will be governed under 40 CFR part 262 subpart E,
consistent with Universal Waste requirements. While subparts E and H are
different regulations, the requirements for SLAB exports are largely
similar. 

Under §262.53(a) & (b) and §262.83(b) & (e), exporters must notify EPA
of their intent to export SLABs and seek an Acknowledgement of Consent. 
The notification must contain detailed information with regard to the
identity of the exporter, waste type, means of transport, ultimate
destination facility, methods of treatment, recovery, and disposal, and
destination and transit countries.  

§262.53(a) & (b) - for SLAB Exports to Non-OECD Countries, Canada and
Mexico

(i)	Data Item:

•	Written notification.  The notification must contain detailed
information regarding the exporter, waste details, transporters, means
of transport and containers to be used, all points of entry and
departure for each foreign country of transit, receiving facility
information, and ultimate management method.  

(ii)	Respondent Activities:

•	Prepare and submit written notification at least 60 days before the
initial shipment is intended to be shipped off site.  This notice may
cover export activities extending over a 12 month period.  

§262.83(b) & (e) - for SLAB Exports to OECD Countries Other Than Canada
and Mexico

(i)	Data Item:

•	Written notification including a signed certification/declaration by
the exporter with required wording.  The notification must include
detailed information regarding the shipment such as exporter details;
recovery facility name and method of recovery; names and details of all
transporters; details of all countries of import, transit, and import;
and waste information including waste description meeting OECD
requirements.   

Respondent Activities:

•	Prepare and submit written notification at least 45 days prior to
shipment.  This notice may cover export activities over a 12 month
period. 

	Under §262.53(c) and §262.83(b), when the conditions specified on the
original notification change, the primary exporter must provide EPA with
a renotification of the change. Also, where a shipment cannot be
delivered for any reason, the exporter must renotify EPA of a change in
the conditions and obtain a new EPA Acknowledgement of Consent.

§262.53(c) - for SLAB Exports to Non-OECD Countries, Canada and Mexico

(i)	Data Item:

•	Written renotification if the conditions specified on the original
notification change.

(ii)	Respondent Activities:

•	Provide a renotification of the export change after the original
notification.

§262.83(b) - for SLAB to OECD Countries Other Than Canada and Mexico 

(i)	Data Item:

•	Renotification required after the previous consent has expired.

(ii)	Respondent Activities:

•	Provide a renotification if the notification expires prior to
shipment. 

	Under §262.56 and §262.87(a), exporters must file detailed annual
reports on SLAB exports containing information such as waste types,
quantities, frequency, and ultimate destination of all exports, among
others.

§262.56 - for SLAB Exports to Non-OECD Countries, Canada, and Mexico

(i)	Data Item:

•	Annual report including a signed certification by the exporter with
required wording, summarizing the types, quantities, frequency, and
ultimate destination of all hazardous waste exported during the previous
calendar year.

(ii)	Respondent Activities:

•	Prepare and submit the required annual report.

§262.87(a) - for SLAB Exports to OECD Countries Other Than Canada and
Mexico

(i)	Data Item:

•	Annual report including a signed certification by the exporter with
required wording, summarizing the types, quantities, frequency, and
ultimate destination of all hazardous waste exported during the previous
calendar year.  During even numbered years, LQGs must include a
description of waste reduction efforts and changes in waste generation
(except for waste reported in the generators Biennial Report submission)
in the annual report.

(ii)	Respondent Activities:

•	Prepare and submit the required annual report no later than March 1
of each year.  

Under §262.53(d), §262.83(d)(14), §262.85(e), and §262.85(g), an
exporter shall furnish to EPA any additional information which a
receiving country requests in order to respond to a notification upon
request by EPA.

§262.53(d) - for SLAB Exports to Non-OECD Countries, Canada and Mexico

(i)	Data Item:

•	Additional information which a receiving country requests in order
to respond to a notification.

(ii)	Respondent Activities:

•	Collect and submit additional information requested by EPA.

§262.83(d)(14), §262.85(e), and §262.85(g) - for SLAB Exports to OECD
Countries Other Than Canada and Mexico

(i)	Data Item:

•	Additional information regarding financial assurances or contractual
arrangements which a receiving country requests in order to respond to a
notification (as discussed in existing notes to §262.83(d)(14) and
§262.85(e), and in the existing §262.85(g)).

(ii)	Respondent Activities:

•	Collect and submit additional information requested by EPA.

 

Under §262.52(c) and §266.80(a) Item 6 in the table, an exporter must
provide a copy of the EPA Acknowledgement of Consent for the shipment to
the transporter transporting the shipment for the export of SLABs to a
non-OECD country, Canada, or Mexico.

(i)	Data Item:

•	Acknowledgment of Consent for the shipment to the transporter

(ii)	Respondent Activities:

•	Provide a copy of the EPA Acknowledgement of Consent for the
shipment to the transporter.

Under the recordkeeping requirements in §262.57 and §262.87(c), the
exporter must keep a copy of each notification, the EPA Acknowledgment
of Consent, each confirmation of delivery and each annual report, all
for a period of at least 3 years. 

§262.57 - for SLAB Exports to Non-OECD Countries, Canada and Mexico

(i)	Data Item:

	

	•	 Notifications

		

	•	 EPA Acknowledgement of Consent

		

	•	 Confirmation of delivery

		

	•	 Annual reports

(ii)	Respondent Activities:

		

•	Maintain the required records for at least three years.

§262.87(c) - for SLAB Exports to OECD Countries Other Than Canada and
Mexico

(i)	Data Item:

	•	Notifications

	

	•	Written consents 

	

	•	Confirmation of delivery 

	

	•	Exception reports 

	

	•	Confirmation of recovery 

	

	•	Annual reports

(ii)	Respondent Activities:

	•	Maintain the required records for at least three years.

Under the shipment tracking requirements in §262.84 for slab exports to
OECD countries other than Canada and Mexico, all U.S. parties subject to
the contract provisions under §262.85 must accompany a movement
document with the waste until it reaches the final recovery facility. 
This movement document must include all the information required under
§262.83 (for notification) and additional information regarding the
shipment of the waste such as transport requirements and transporter
information.  

(i)	Data Item:

	

•	A movement document accompanying all shipments for export.  The
movement document must include all the information required for
notification and additional information regarding the shipment
requirements.  The document must also include a signed
certification/declaration by the exporter with required wording.

(ii)	Respondent Activities:

	

•	Prepare the movement document and provide it with each shipment. 

Under §262.87(b) for SLAB exports to OECD countries other than Canada
and Mexico, an exporter must file an exception report if any of the
following occurs: (1) it has not received a copy of the movement
documentation signed by a transporter stating point of departure from
the U.S., within 45 days of acceptance of waste, (2) within 90 days from
the acceptance of waste, the exporter has not received written
confirmation from the recovery facility that the waste was received, or
(3) the waste is returned to the U.S. 

(i)	Data Item:

		

•	Exception report if any of the situations specified in §262.87(b)
occurs.

	

Respondent Activities:

		

	•	Prepare and submit the required exception report if any of the
conditions listed in §262.87(b) occurs.

Under §262.83(e) for SLAB exports to OECD countries other than Canada
and Mexico, recovery facilities must provide a certificate of recovery
to the exporter and to the competent authorities of the countries of
export and import.  This certificate of recovery must be provided as
soon as possible, but no later than 30 days after the completion of
recovery and no later than one calendar year following receipt of waste.


(i)	Data Item:

	•	A certificate of recovery

(ii)	Respondent Activities:

•	Provide a certificate of recovery to the exporter and to the
competent authorities of the countries of export and import.

Import Consent Documentation

Under the amended import requirements in §264.71(a)(3) and
§265.71(a)(3), the U.S. receiving facility must match the relevant
documentation confirming EPA’s consent to import to an incoming import
shipment’s RCRA hazardous waste manifest, and submit a copy of the
matched consent documentation along with the shipment’s RCRA hazardous
waste manifest (currently required to be submitted) to EPA within 30
days of import shipment delivery.    

(i)	Data Item:

•	Documentation confirming EPA’s consent to the import of hazardous
waste

(ii)	Respondent Activities:

		

•	Submit to EPA the written documentation of EPA’s consent to import
within thirty (30) days of shipment delivery.

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

	5(a)	Agency Activities

OECD Revisions

Under §262.82(g), the transboundary movement of an Amber waste is
exempt from the Amber control procedures if it is in certain quantities
and destined for laboratory analysis to assess its physical or chemical
characteristics, or to determine its suitability for recovery
operations.  As a result, the affected entities and EPA will incur cost
savings.

Under §262.82(c), §262.82(d), and §262.82(e), when a transboundary
movement of wastes to which concerned OECD Countries have given consent
cannot be completed as intended (e.g., not in accordance with the
notification, consents given by the competent authorities, or the terms
of the contract) and alternative arrangements cannot be made to recover
these wastes in an environmentally sound manner in the U.S., EPA must
inform the competent authorities of the countries of export and transit,
mentioning in particular the reason for returning the waste.  

There are no Agency activities associated with the other new/amended
requirements under the final OECD revisions. 

SLAB Revisions

Under §262.53(a) & (b) and §262.83(b) & (e), exporters must notify EPA
of their intent to export SLABs and seek an Acknowledgement of Consent. 
 EPA will process the notifications, forward them to the countries of
import, receive and process consent from countries of import, and
forward the Acknowledgement of Consent to the exporter.  

Under §262.53(c) and §262.83(b), when the conditions specified on the
original notification change, the primary exporter must provide EPA with
a renotification of the change.  EPA will process these changes.

Under §262.56 and §262.87(a), exporters must file detailed annual
reports on SLAB exports containing information such as waste types,
quantities, frequency, and ultimate destination of all exports, among
others.  EPA will record the annual report information.  

Under §262.53(d), §262.83(d)(14), §262.85(e), and §262.85(g), an
exporter shall furnish to EPA any additional information which a
receiving country requests in order to respond to a notification upon
request by EPA.  EPA will request the information and process the
information provided by exporters.  

Under §262.52(c) and §266.80(a) Item 6 in the table, an exporter of
SLABs to non-OECD Countries, Canada and Mexico must provide a copy of
the EPA Acknowledgement of Consent for the shipment to the transporter
transporting the shipment for export to a non-OECD country, Canada, or
Mexico.  There are no Agency activities associated with this
requirement. 

Under §262.87(b), an exporter of SLABs to OECD Countries other than
Canada and Mexico must file an exception report under certain
conditions.  There are no Agency activities associated with this
requirement. 

Under the recordkeeping requirements in §262.57 and §262.87(c), the
exporter must keep a copy of each notification, EPA Acknowledgment of
Consent, each confirmation of delivery and each annual report, all for a
period of at least 3 years.  There are no Agency activities associated
with this requirement. 

Under the shipment tracking requirements in §262.84 for SLAB exports to
OECD Countries other than Canada and Mexico, all U.S. parties subject to
the contract provisions under §262.85 must accompany a movement
document with the waste until it reaches the final recovery facility. 
There are no Agency activities associated with this requirement.  

Under §262.83(e) for SLAB exports to OECD Countries other than Canada
and Mexico, recovery facilities must provide a certificate of recovery
to the exporter and to the competent authorities of the countries of
export and import.  EPA will maintain the certificate of recovery from
the recovery facility.

Import Consent Documentation

Under the amended import requirements in §264.71(a)(3) and
§265.71(a)(3), the U.S. receiving facility must submit the
documentation confirming EPA’s consent to import (along with a copy of
the RCRA hazardous waste manifest currently required) to EPA within 30
days of import shipment.  EPA will maintain the documentation from the
U.S. receiving facility.

	5(b)	Collection Methodology and Management

	

The collection and management of the information submitted to EPA is
stored by EPA in file cabinets and/or electronically to be compiled in
an annual status report.  In addition, the information is collected and
stored for possible future use in enforcement actions.   EPA uses
electronic equipment such as personal computers and applicable database
software, when appropriate. 

	5(c)	Small Entity Flexibility 

In promulgating the rule codifying the OECD Decision, EPA evaluated the
impact on regulated small entities. The decision to export or import
hazardous waste is voluntary.

Thus, no business, small or otherwise, is required to export or import
its hazardous waste. Therefore, there is no mandatory burden on the
regulated community, including small businesses.  Furthermore, for small
businesses that do choose to export or import hazardous waste, EPA
exempted conditionally exempt small quantity generators (less than 100
kilograms per month) from the requirements of the rule.

	5(d)	Collection Schedule

Under the final revisions to the OECD rule and SLAB regulations, export
notifications, exception reports, documentation of EPA’s consent to
import, certificates of recovery, and shipment tracking documents are
generated and sent to EPA on an occurrence-specific basis for which
there is no formalized schedule.  

Documentation of EPA’s consent to import must be submitted by the U.S.
receiving facility to EPA (along with the RCRA hazardous waste manifest
currently required) within 30 days of import shipment delivery.

Recovery facilities must provide a certificate of recovery to the
exporter and to the competent authorities of the countries of export and
import.  This certificate of recovery must be provided as soon as
possible, but no later than 30 days after the completion of recovery and
no later than one calendar year following receipt of waste.

For SLAB exports to Non-OECD countries, Canada and Mexico, export
notifications must be sent to EPA at least 60 days before the initial
shipment is intended to be shipped off site.  For SLAB exports to OECD
countries Other than Canada and Mexico, export notifications must be
sent to EPA within 45 days prior to initiating waste exports (or at
least ten days if the shipment is going to a pre-approved facility in
the country of import). 

Exporters must file with EPA a detailed annual report on SLAB exports,
including a signed certification, by March 1st of each year.

ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

 tc \l2 "6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

6(a)	Estimating Respondent Burden

OECD Revisions

EPA assessed the potential cost impacts of the final revisions to the
OECD rule, including: 

Exemptions for wastes destined for laboratory analyses,

The requirement to provide a certificate of recovery,

Information collection requirements associated with exchange (R12) and
accumulation (R13) recovery operations, and

The notification requirements related to the return of wastes.

SLAB Revisions

EPA assessed the potential cost impacts of the final revisions to the
SLAB regulations, including:  

Notification requirements for SLAB exporters,

The renotification requirements associated with any changes to the
original SLAB export notification, 

The annual reporting requirements,

Additional reporting requirements (if requested by EPA), and

SLAB exporter recordkeeping requirements.  

Import Consent Documentation

EPA analyzed the final requirement that the U.S. receiving facility must
match the RCRA manifest to the relevant import notice consent
documentation, and must send a copy of the matched RCRA manifest
(currently required to be submitted) and import consent documentation
back to EPA within thirty days of delivery.

Exception report revisions for exports under subparts E and H of 40 CFR
part 262

	The final revision to the current language in §262.55 and §262.87(b)
will require exception reports to be submitted directly to the Director,
ICAD, of OECA, EPA Headquarters, rather than to the EPA
“Administrator.”  There is no discernable cost impact associated
with this final requirement.  

6(b)	Estimating Respondent Costs

Labor Costs

For U.S. exporters, U.S. importers, and U.S. transporters, EPA estimates
an average hourly labor rate (including fringe and overhead) of $98.86
for managerial staff, $64.71 for technical staff, and $33.85 for
clerical staff.  These labor rates were obtained from the Cost
Assessment in Support of the Proposed Rule on Exports and Imports of
Hazardous Waste Destined for Recovery among OECD Countries and updated
to 2007 levels using Employment Cost Indices developed by the U.S.
Bureau of Labor Statistics.

	Annual Capital and Operation & Maintenance (O&M) Costs

	Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  O&M costs are those costs associated with paperwork
requirements incurred continually over the life of the ICR.  They are
defined by the EPA as “the recurring dollar amount of costs associated
with O&M or purchasing services.”  Such capital and O&M costs are
expected to be negligible. 

 tc \l3 "6(b)	ESTIMATING RESPONDENT COSTS 

  The materials costs used in this analysis are described in the
following  and summarized in Table 1:

Mailing costs: EPA estimates that affected entities will incur a cost of
$4.24 to mail a five-ounce package by certified mail ($1.48 for postage,
$2.65 for the certified-mail fee, and $0.11 for a 9 x 12 manila
envelope). 

Affected entities are estimated to incur a cost of $0.42 for each
standard letter mailed ($0.41 for first class postage and $0.01 for a
standard envelope).   

Copying Costs:  EPA estimates that affected entities will incur a cost
of $0.11 per page for copying.  

Faxing costs: EPA estimates that affected entities will incur a cost of
$0.12 for each international fax they send.  This cost was derived from
the average revenues per minute for a telephone call from the U.S. to an
OECD Country (excluding Canada and Mexico).  Revenue figures were
obtained from the 2005 International Telecommunications Data Report
issued by the Federal Communications Commission on April 24, 2007.  The
cost estimate assumes that the fax transmission will take one-minute.   

Domestic telephone call costs:  EPA estimates that affected entities
will incur a cost of $0.90 for each domestic telephone call they make. 
This cost was derived by averaging the advertised rates of a 15-minute
State-to-State telephone call from four large U.S. long distance
carriers. 

Table 1

Materials Costs Used to Assess the Cost Impacts of the Final Rule

Materials Cost Category	Unit Cost

(2007 dollars)



Mailing Costs (9 x 12 package)	

$4.24



Mailing Costs (standard letter)	

$0.42



Copying Costs	

$0.11



Faxing Costs	

$0.12



Domestic Telephone Call Costs	

$0.90



6(c)	Estimating Agency Burden and Costs

 tc \l3 "6(c)	ESTIMATING AGENCY BURDEN AND COST 

For Agency burden and costs, EPA estimates an average hourly labor rate
of $60.66 for managerial staff (GS-14, Step 1), $51.33 for technical
staff (GS-13, Step 1), and $29.76 for clerical staff (GS-9, Step 1).  To
derive these hourly estimates, EPA referred to the General Schedule (GS)
Salary Table 2007.  This publication summarizes the unloaded (base)
hourly rate for various labor categories in the Federal government.  EPA
applied the standard government overhead factor of 1.6 to the unloaded
rate to derive loaded hourly labor rates. 

	6(d)	Estimating the Respondent Universe and Total Burden and Costs

In this section, EPA first describes the respondent universe affected by
the new

information collection requirements resulting from the final action. 
EPA then estimates the annual aggregate burden to respondents under the
final rule and existing RCRA information collection requirements.  The
universe estimates and assumptions used in the development of this ICR
are based on the economic assessment developed for this rulemaking:
“Cost Assessment for the Final Rule on Exports and Imports of
Hazardous Waste Destined for Recovery Among OECD Countries, Exports of
Spent Lead-Acid Batteries from the U.S., and Import Consent
Documentation” (hereinafter referred to as the Cost Assessment
document for the final rule), which is available in the docket for the
rule.

(1)	Respondent Universe

OECD Revisions

In Table 2 below, EPA provides estimates of the annual number of
importer and import shipments, and annual exporter and export shipments
that will be subject to the paperwork requirements in the final rule.  

Table 2

Number of Import and Export Shipments potentially Affected by the Final
Revisions to EPA’s OECD Rule

Type of Shipment	Number of Affected Entities*	Number of Shipments per
Year

	U.S. Exporters/ U.S. Importers	U.S. Transporters	Wastes Destined for
Laboratory Analysis**	Wastes Destined for Recovery Operations***	Total



Export	

6	

6	

10	

479	

489**



Import	

15	

15	

4	

296	

300****

*	EPA has assumed that there is one U.S. transporter for each U.S.
exporter and U.S. importer.

**	Of the 489 shipments to OECD Countries, 2.1 percent (10) are samples
destined for laboratory analysis.  The remaining 479 (i.e., 489 - 10)
shipments are shipments of hazardous wastes destined for recovery.

*** 	Of the 479 export shipments of hazardous wastes destined for
recovery, it is estimated that 12 percent (or 57 shipments) are shipped
to R12/R13 recovery facilities in OECD Countries.

 	Of the 296 import shipments of hazardous wastes destined for recovery,
36 shipments (or 12 percent) are received at R12/R13 recovery facilities
in the U.S.

****	Of the 300 shipments from OECD Countries, 1.4 percent (4)  are
samples destined for laboratory analysis.  The remaining 296 (i.e., 300
- 4) shipments are shipments of hazardous wastes destined for recovery.

SLAB Revisions

In Table 3 below, EPA provides estimates of the annual number of export
shipments that will be subject to the paperwork requirements in the
final rule.  

Table 3

Number of Export Shipments potentially Affected by the Final SLAB
Revisions

Type of Shipment	Number of Affected Entities*	Number of SLAB Export
Shipments Per Year	Number of Notices 

Per Year

	

U.S. SLAB Exporters	

U.S. SLAB Transporters





Export	

1,141**	

571	

16,154	

668

*	Assumes 1,141 exporters, zero importers, and 571 transporters.  See
universe assumptions discussed in Sections 3.4, 4.2 and 4.7 of the Cost
Assessment document for the final rule.	

**	EPA estimates that 640 U.S. exporters of SLABs will be required to
prepare and submit an annual report under the final rule.  27 of these
exporters are assumed to be small exporters and the remaining 613 are
assumed to be large exporters.  

Import Consent Documentation

	In Table 4 below, EPA provides estimates of the annual number of
importer and import shipments, and annual exporter and export shipments
that will be subject to the paperwork requirements in the final rule.

Table 4

Number of Import Shipments potentially Affected by the Final Import
Consent Documentation Requirements

Type of Shipment	Number of Affected U.S. Receivers*

	Number of Import Shipments 

Per Year*



Import	

136	

2,712

*	The ratio of shipments to receivers is estimated to be 20 to 1.

(2)	Annual Respondent Hour and Cost Burden under the Final Rule

OECD Revisions

(a) 	Reading the Regulations

Affected entities are expected to incur first year incremental costs
associated with reading the rule in order to understand and comply with
the new requirements.  EPA estimates that a total of 42 entities (i.e.,
six U.S. exporters, 15 U.S. importers, and 21 U.S. transporters) will
read the final rule in order to understand and comply with the new
requirements.  EPA also estimates that each entity will experience a
cost of $114.14 in reading the rule.  Thus, collectively, U.S.
exporters, U.S. importers, and U.S. transporters may experience a
one-time cost of approximately $4,794 (i.e., 42 entities x
$114.14/entity) for this activity.  See Exhibit 1.

(b) 	Exemption for Wastes Destined for Laboratory Analysis

Under §262.82(g), shipments of Amber-list wastes are exempt from the
Amber control procedure if they are explicitly destined for laboratory
analysis to assess their physical/chemical characteristics or to
determine their suitability for recovery operations.  As a result, the
affected entities will experience cost savings, since they will no
longer need to comply with the information collection requirements under
the existing regulations.  

EPA provides the estimated cost savings associated with the exemption
for wastes destined for laboratory analysis in Exhibit 2 (for exports
from the U.S. to OECD Countries) and Exhibit 3 (for imports to the U.S.
from OECD Countries).  For detailed discussions, see Section 4.1.2 of
the Cost Assessment document for the final rule.

(c)	Certificate of Recovery

Under §262.83(e), recovery facilities must provide a certificate of
recovery to the exporter and to the competent authorities of the
countries of export and import.  This certificate of recovery must be
provided as soon as possible, but no later than 30 days after the
completion of recovery and no later than one calendar year following
receipt of waste.  

EPA presents the costs associated with the certificate of recovery in
Exhibit 4.  For detailed discussions, see Section 4.1.3 of the Cost
Assessment document for the final rule.

(d)	Exchange and Accumulation Recovery Operations

Under §262.82(f), shipments of hazardous wastes destined for exchange
(R12) or accumulation (R13) recovery operations need to comply with
additional information collection requirements.  These requirements
include:  (1) indicating the subsequent R1-R11 recovery facility (e.g.,
facility that conducts solvent reclamation, acid regeneration) in the
notification, (2) providing and maintaining a signed copy of the
movement/tracking document, (3) preparing and providing a certificate of
recovery for R12/R13 recovery operations, and (4) providing and
maintaining a copy of the certificate of recovery for R1-R11 recovery
operations.  

EPA’s estimated costs associated with these requirements are presented
in Exhibit 5.   For detailed discussions, see Section 4.1.4 of the Cost
Assessment document for the final rule.

(e)	Return of Wastes

Under §262.82(c), §262.82(d), and §262.82(e), when a shipment of
hazardous wastes to which concerned countries have given consent cannot
be completed in accordance with the terms of the contract and
alternative arrangements cannot be made to recover these wastes in an
environmentally sound manner in the U.S., EPA must inform the competent
authorities of the countries of export and transit the reason for
returning the waste.  The U.S. importer must then complete the return
within 90 days from the time EPA informs the country of export of the
need to return the waste, unless informed in writing by EPA of another
timeframe agreed to by the concerned Member countries.  

In Exhibit 6, EPA presents the estimated costs associated with the
return of wastes.  For detailed discussions, see Section 4.1.5 of the
Cost Assessment document for the final rule.

SLAB Revisions

Since the SLAB Rule applies only to the export of SLABs, U.S. importers
will not experience any costs or cost savings from the rule.  

(a)	Reading the Regulations

EPA estimates that a total of 1,712 entities (i.e., 1,141 U.S. exporters
and 571 U.S. transporters) will read the rule during the first year of
implementation in order to understand and comply with the new
requirements.  We also estimate that each entity will experience a cost
of $260.64 in reading the rule.  Thus, collectively, U.S. exporters and
U.S. transporters may experience a one-time cost of approximately
$446,207 (i.e., 1,712 entities x $260.64/entity) for this activity.  In
Exhibit 7, EPA presents the estimated costs associated with reading the
regulations.  For detailed discussions, see Section 4.2.1 of the Cost
Assessment document for the final rule.

	For SLAB Exports to Non-OECD Countries, Canada and Mexico

The following analysis of cost impacts associated with the final 40 CFR
part 262, subpart E requirements assumes that all SLABs are exported to
Canada and Mexico based on the fact that the vast majority of SLABs are
exported to these two countries  and are currently not subject to any
export requirements.  (The cost impacts of the final 40 CFR part 262,
subpart H requirements that apply only to the export of SLABs to OECD
countries (except Canada and Mexico), discussed separately below under
For SLAB Exports to OECD Countries Other Than Canada and Mexico, are not
assessed given such export represents a very small percentage of the
total SLAB export quantity.)   

	(b)	Notification

	Under §262.53(a) & (b) and §262.83(b) & (e), the exporters must
submit a notification to EPA indicating their intent to export SLABs. 
EPA then must process the notification and seek consent from the
countries of imports and transit.  EPA will undertake the following
tasks to complete the notification process and issue an Acknowledgment
of Consent: 

Receive and process the notification from the U.S. exporter

Prepare and transmit a confirmation of receipt to the U.S. exporter

Forward the notification to the competent authorities of the countries
of import and transit. 

Receive and process consent or objection from the competent authorities
of the countries of import and transit. 

Forward written Acknowledgement of Consent or objection to U.S.
exporter. 

In Exhibit 8, EPA presents the estimated costs associated with the
notification requirement.  For detailed discussions, see Section 4.2.2
of the Cost Assessment document for the final rule.

	(c)	Renotification

Under §262.53(c) and §262.83(b), when the conditions specified under
the original notification change, the U.S. exporter must provide EPA
with a renotification of the change.  Also, where a shipment cannot be
delivered for any reason, the exporter must renotify EPA of a change in
the conditions and obtain a new EPA Acknowledgement of Consent.  It is
estimated that only a fraction of exporters will be subject to this
requirement.   In Exhibit 9, EPA presents the estimated costs associated
with the renotification requirement.  For detailed discussions, see
Section 4.2.3 of the Cost Assessment document for the final rule.

	(d)	Annual Report

Under §262.56 and §262.87(a), exporters must submit detailed annual
reports to EPA on SLAB exports containing information such as waste
types, quantities, frequency, and ultimate destination of all exports,
among others.  In Exhibit 10, EPA presents the estimated costs
associated with the annual report requirement.  For detailed
discussions, see Section 4.2.4 of the Cost Assessment document for the
final rule.

	(e)	Additional Report

Under §262.53(d), §262.83(d)(14), §262.85(e), and §262.85(g), upon
request by EPA, an exporter must submit to EPA any additional
information which a receiving country requests in order to respond to a
notification.  In Exhibit 11, EPA presents the estimated costs
associated with the additional reporting requirement.  For detailed
discussions, see Section 4.2.5 of the Cost Assessment document for the
final rule.

(f)	Acknowledgment of Consent to Transporter  tc \l3 "4.1.1	Reading the
Rule 

	Under §262.52(c) and §266.80(a) Item 6 in the table, the exporter is
required to provide a copy of the EPA Acknowledgment of Consent for each
shipment to the transporter transporting the shipment for export.  EPA
will not experience any costs associated with this requirement.  In
Exhibit 12, EPA presents the estimated costs associated with the
Acknowledgment of Consent requirement.  For detailed discussions, see
Section 4.2.6 of the Cost Assessment document for the final rule.

(g)	Recordkeeping

Under §262.57 and §262.87(c), U.S. exporters must keep a copy of each
notification, EPA Acknowledgement of Consent, each confirmation of
delivery, and each annual report for a period of at least 3 years.  In
Exhibit 13, EPA presents the estimated costs associated with the
recordkeeping requirement.  For detailed discussions, see Section 4.2.7
of the Cost Assessment document for the final rule.

For SLAB Exports to OECD Countries Other Than Canada and Mexico

Below are the requirements of 40 CFR part 262, subpart H associated only
with the export of SLABs to OECD countries other than Canada and Mexico.
 That is, these requirements are not required of SLAB exports to
non-OECD countries, Canada and Mexico.   The cost impacts associated
with the export of SLABs to OECD counties other than Canada and Mexico
are not assessed given it is a very small percentage of the total SLAB
export quantity.  The costs estimated above for the export of SLABs to
non-OECD countries, Canada and Mexico remain as the base costs.  

(h)	Movement/Tracking Document  tc \l3 "4.1.1	Reading the Rule 

Under §262.84, each time a U.S. exporter ships SLABs to an OECD Member
country other than Canada and Mexico, the exporter is required to
complete and submit to the carrier a movement/tracking document.  No
incremental costs are expected for transporters.  As noted above, the
cost impact of this requirement associated with the export of SLABs to
OECD counties other than Canada and Mexico is not assessed given it is a
very small percentage of the total SLAB export quantity.

	(i)	Exception Report	

Under §262.87(b), an exporter must file an exception report if they do
not receive the necessary documentation required by the rule to confirm
transfer of the waste and receipt by the recovery facility within the
allotted period of time or if the waste is returned to the U.S.  As
noted above, the cost impact of this requirement associated with the
export of SLABs to OECD counties other than Canada and Mexico is not
assessed given it is a very small percentage of the total SLAB export
quantity.

	(j)	Certificate of Recovery

Under §262.83(e), recovery facilities must provide a certificate of
recovery to the exporter and to the competent authorities of the
countries of export and import.  This certificate of recovery must be
provided as soon as possible, but no later than 30 days after the
completion of recovery and no later than one calendar year following
receipt of waste.  As noted above, the cost impact of this requirement
associated with the export of SLABs to OECD counties other than Canada
and Mexico is not assessed given it is a very small percentage of the
total SLAB export quantity.

Import Consent Documentation

Receiving Facility Submission to EPA

Under §264.71(a)(3) and §265.71(a)(3), U.S. receivers will be required
to submit the import consent documentation with manifest submission to
EPA.  In Exhibit 14, EPA presents the estimated costs associated with
this provision.  For detailed discussions, see Section 4.3.1 of the Cost
Assessment document for the final rule.

(3)	Annual Respondent Hour and Cost Burden under Existing Information
Collection Requirements

In addition to the new paperwork requirements in the final rule, EPA
identified several existing
inform瑡潩⁮潣汬捥楴湯愠瑣癩瑩敩⁳湩琠敨映汯潬楷杮
䤠剃⁳桴瑡眠汩⁬敢甠摮牥慴敫⁮祢琠敨瀠瑯湥楴污祬
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●	ICR No. 0820.10, OMB Control No. 2050-0035, "Hazardous Waste
Generator Standards" 

	- Exporter requirements

	- Importer-Exporter Requirements OECD and Bilateral

●	ICR No. 1571.08, OMB Control No. 2050-0120, "General Hazardous Waste
Facility Standards" 

	- Foreign shipment Import Report (264.12(a) and 265.12(a))

●	ICR No. 0261.15, OMB Control No. 2050-0028, "Notification of
Regulated Waste Activity" 

	6(e)	Bottom Line Burden Hours and Costs

(1)	Respondent Tally

In Exhibit 15, EPA provides the estimated total annual respondent burden
and costs under the aforementioned new information collection
activities.  It shows that the total annual respondent burden under the
final rule, including the cost of reading the rule during the first year
of implementation, is estimated to be 14,854 hours and $832,405.  After
the first year of implementation, the total annual respondent burden
(i.e., excluding reading the rule) is estimated to be 8,799 hours and
$381,404.  Therefore, the bottom line three-year respondent burden is
estimated to be 32,451 hours and $1,595,214. 

In Exhibit 16, EPA tallies respondents’ total hour and cost burden for
both new and existing paperwork requirements associated with the final
rule in order to derive aggregate burden.

(2)	Agency Tally

Estimated Agency burden and costs for the various information collection
activities under the final rule, as delineated in Section 5(a) above,
are also presented in Exhibits 1 to 14, where applicable.  EPA provides
the estimated total annual burden to the Agency under the final rule in
Exhibit 17.  It shows that the total annual Agency burden under the
final rule is estimated to be 2,106 hours and $78,768.  The three-year
total Agency burden is thus estimated to be 6,317 hours and $236,305.

	6(f)	Reasons for Change in Burden

 

As aforementioned, the new paperwork requirements under the final rule
are necessary to bring EPA’s hazardous waste regulations into
compliance with the binding Amended 2001 OECD Decision; to make more
uniform notification and consent practice for the export shipment of
SLABs in order to ensure that SLABs are sent to reclamation facilities
in countries that can manage them in an environmentally sound manner;
and to require documentation of EPA’s consent to the import shipment
of hazardous wastes in order to facilitate oversight of hazardous waste
imports to the U.S. 

	6(g)	Burden Statement

The annual public reporting burden for this ICR is estimated to average
3.63 hours/year per respondent under the final OECD revisions, 5.42
hours/year per respondent under the final SLAB revisions, and 8.44
hours/year per respondent under the final import consent documentation. 
The annual public recordkeeping burden is estimated to average 10.20
hours/year per respondent under the final OECD revisions, and 0.14
hours/year per respondent under the final SLAB revisions.

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.



Exhibit 1

OECD Revisions - Reading the Rule

(In the first year of Rule Implementation Only)

 	Cost per Entity	Cost of All Entities

Activity	Managerial Staff Hours	Technical Staff Hours	Clerical Staff
Hours	Hours	Labor Costa	O&M Costb	Total Cost	Number of EntitiesC	Total
Hours	Total Cost 

Reading the Regulations

U.S. Exporters	0.5	1	0	1.5	$114.14 	$0.00 	$114.14 	6	9	$684.84 

U.S. Importers	0.5	1	0	1.5	$114.14 	$0.00 	$114.14 	15	22.50	$1,712.10 

U.S. Transporters	0.5	1	0	1.5	$114.14 	$0.00 	$114.14 	21	31.50
$2,396.94 

Total 	 	 	 	 	 	 	 	42	63.00	$4,793.88 

a   Based on hourly rates discussed in Section 3.1 of the Cost
Assessment document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.3 of the Cost
Assessment document for the final rule.

Exhibit 2

OECD Revisions - Exemption for Wastes Destined for Laboratory Analysis

For Exports from the U.S. to OCED Countries

 

Activity	Cost per Shipment	Cost for All Shipments

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Total
Hours	Labor Costa	O&M Costb	Total

Cost	Number of Shipmentsc	Total

Hours	Total

Cost

Exports from the U.S. to OCED Countries	 	 	 	 	 	 	 	 	 

U.S. Exporters 

Prepare and Submit Notification to EPA 	0.1	1.8	1.5	3.4	$177.14 	$4.24 
$181.38 	10	34	$1,813.79 

Complete and Sign Movement/Tracking Document 	0	0.25	0	0.25	$16.18 
$0.00 	$16.18 	10	2.5	$161.78 

Receive and maintain copy of notification of intent to export,
Acknowledgment of Receipt, written consent/objection, and signed
movement/tracking document provided by the recovery facility 	0	0	0.25
0.25	$8.46 	$0.00 	$8.46 	10	2.5	$84.63 

Subtotal 	0.1	2.05	1.75	3.9	$201.78 	$4.24 	$206.02 	10	39	$2,060.19 

U.S. Transporters 

Upon obtaining physical custody of the waste, sign the movement/tracking
document 	0	0.01	0	0.01	$0.65 	$0.00 	$0.65 	10	0.1	$6.47 

Maintain copy of signed movement/tracking document 	0	0	0.1	0.1	$3.39 
$0.00 	$3.39 	10	1	$33.85 

Upon delivery of the waste, obtain signed copy of movement/tracking
document from the OECD Country recovery facility 	0	0.01	0	0.01	$0.65 
$0.00 	$0.65 	10	0.1	$6.47 

Subtotal 	0	0.02	0.1	0.12	$4.68 	$0.00 	$4.68 	10	1.2	$46.79 

EPA

Receive and process notification from U.S. exporter 	0	1	0	1	$51.33 
$0.00 	$51.33 	10	10	$513.30 

Prepare and transmit confirmation of receipt to U.S. exporter 	0	0	0.25
0.25	$7.44 	$0.12 	$7.56 	10	2.5	$75.60 

Forward notification to the competent authorities of the countries of
import and transit	0	0	0.16	0.16	$4.76 	$0.24 	$5.00 	10	1.6	$50.02 

Receive and process Acknowledgement of Receipt from the competent
authority of the country of import	0	0	0.25	0.25	$7.44 	$0.00 	$7.44 	10
2.5	$74.40 

Receive and process consent/objection from the competent authorities of
the countries of import and transit 	0	0	0.16	0.16	$4.76 	$0.00 	$4.76 
10	1.6	$47.62 

Forward Acknowledgement of Receipt and written consent/objection to U.S.
exporter 	0	0	0.25	0.25	$7.44 	$0.12 	$7.56 	10	2.5	$75.60 

Receive and process signed copy of movement/tracking document provided
by the OECD Country recovery facility 	0	0	0.25	0.25	$7.44 	$0.00 	$7.44
	10	2.5	$74.40 

Subtotal 	0	1	1.32	2.32	$90.61 	$0.48 	$91.09 	10	23.2	$910.93 

Total 	0.1	3.07	3.17	6.34	$297.07 	$4.72 	$301.79 	10	63.4	$3,017.91 

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document.

c  Based on shipment estimates discussed in Section 4.1.2 of the Cost
Assessment document.

Exhibit 3

OECD Revisions - Exemption for Wastes Destined for Laboratory Analysis

For Imports to the U.S. from OECD Countries

 	Cost per Shipment	Cost for All Shipments

Activity	Managerial Staff Hours	Technical Staff Hours	Clerical Staff
Hours	Total Hours	Labor 

Costa	O&M Costb	Total 

Cost	Number of Shipmentsc	Total

Hours	Total 

Cost

Imports to the U.S. from OECD Countries	 	 	 	 	 	 	 	 

U.S. Importers	 	 	 	 	 	 	 	 	 	 

Receive and maintain copy of confirmation of receipt 	0	0	0.25	0.25
$8.46 	$0.00 	$8.46 	4	1	$33.85 

Sign movement/tracking document and provide copy to OECD Country
exporter, EPA and competent authority of the country of export 	0.08	0
0.25	0.33	$16.37 	$0.00 	$16.37 	4	1.32	$65.49 

Subtotal	0.08	0	0.5	0.58	$24.83 	$0.00 	$24.83 	4	2.32	$99.34 

U.S. Transporters 	 	 	 	 	 	 	 	 	 	 

Upon obtaining physical custody of the waste, sign the movement/tracking
document 	0	0.01	0	0.01	$0.65 	$0.00 	$0.65 	4	0.04	$2.59 

Maintain copy of signed movement/tracking document 	0	0	0.1	0.1	$3.39 
$0.00 	$3.39 	4	0.4	$13.54 

Upon delivery of the waste, obtain signed copy of movement/tracking
document from the OECD Country recovery facility 	0	0.01	0	0.01	$0.65 
$0.00 	$0.65 	4	0.04	$2.59 

Subtotal 	0	0.02	0.1	0.12	$4.68 	$0.00 	$4.68 	4	0.48	$18.72 

EPA	 	 	 	 	 	 	 	 	 	 

Receive and process notification from the competent authority of the
country of export 	0	1	0	1	$51.33 	$0.00 	$51.33 	4	4	$205.32 

Prepare and transmit Acknowledgment of Receipt to the competent
authorities of the countries of export and transit	0	0	0.25	0.25	$7.44 
$0.24 	$7.68 	4	1	$30.72 

Prepare and transmit confirmation of receipt to U.S. importer	0	0	0.25
0.25	$7.44 	$0.12 	$7.56 	4	1	$30.24 

Review notification to determine if U.S. recovery facility is authorized
to handle the waste	0.5	1.5	0	2	$107.33 	$0.00 	$107.33 	4	8	$429.30 

Prepare and provide written consent/objection to the competent
authorities of the countries of export and transit 	0	0	0.25	0.25	$7.44 
$0.24 	$7.68 	4	1	$30.72 

Receive and process signed copy of movement/tracking document provided
by the U.S. recovery facility	0	0	0.25	0.25	$7.44 	$0.00 	$7.44 	4	1
$29.76 

Subtotal 	0.5	2.5	1	4	$188.42 	$0.60 	$189.02 	4	16	$756.06 

Total 	0.58	2.52	1.6	4.7	$217.93 	$0.60 	$218.53 	4	18.8	$874.11 

a   Based on hourly rates discussed in Section 3.1 of the Cost
Assessment document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document.

c  Based on shipment estimates discussed in Section 4.1.2 of the Cost
Assessment document.

Exhibit 4

OECD Revisions - Certificate of Recovery

 Activity	 Cost per Shipment	Cost for All Shipments

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Total
Hours	Labor Costa	O&M Costb	Total Cost	Number of Shipmentsc	Total Hours
Total Cost

Exports from the U.S. to OECD Countries	 	 	 	 	 	 	 	 	 

Exporters	 	 	 	 	 	 	 	 	 	 

Receive and maintain the certificate of recovery provided by the OECD
Country recovery facility	0	0	0.1	0.1	$3.39 	$0.00 	$3.39 	479	47.90
$1,621.42 

EPA

Receive and maintain the certificate of recovery provided by the OECD
Country recovery facility 	0	0	0.1	0.1	$2.98 	$0.00 	$2.98 	479	47.90
$1,425.50 

Total	0	0	0.2	0.2	$6.36 	$0.00 	$6.36 	479	95.80	$3,046.92 

Imports to the U.S. from OECD Countries

Importers

Prepare and provide certificate of recovery to OECD Country exporter,
EPA, and the competent authority of the country of export 	0	0.2	0.25
0.45	$21.40 	$0.36 	$21.76 	296	133.20	$6,442.29 

Maintain copy of certificate of recovery 	0	0	0.1	0.1	$3.39 	$0.00 
$3.39 	296	29.60	$1,001.96 

Subtotal	0	0.2	0.35	0.55	$24.79 	$0.36 	$25.15 	296	162.80	$7,444.25 

EPA

Receive and Maintain the certificate of recovery provided by the U.S.
recovery facility 	0	0	0.1	0.1	$2.98 	$0.00 	$2.98 	296	29.60	$880.90 

Total 	0	0.2	0.45	0.65	$27.77 	$0.36 	$28.13 	296	192.40	$8,325.15 

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on shipment estimates discussed in Section 4.1.3 of the Cost
Assessment document for the final rule.

Exhibit 5

OECD Revisions - Exchange and Accumulation Recovery Operations

 

Activity	Cost per Shipment	Cost for All Shipments

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Total
Hours	Labor Costa	O&M Costb	Total Cost	Number of Shipmentsc	Total Hours
Total Cost

Exports from the U.S. to OECD Countries

Exporters

Indicate in the notification the recovery facility where subsequent
R1-R11 recovery took place 	0	0.02	0	0.02	$1.29 	$0.00 	$1.29 	57	1.14
$73.77 

EPA

Receive and maintain the certificate of recovery provided by the OECD
Country R12/R13 recovery facility 	0	0	0.1	0.1	$2.98 	$0.00 	$2.98 	57
5.7	$169.63 

Total	0	0.02	0.1	0.12	$4.27 	$0.00 	$4.27 	57	6.84	$243.40 

Imports to the U.S. from OECD Countries

Importers

Sign movement/tracking document and provide copy to OECD Country
exporter, EPA, and competent authority of the country of export	0.08	0
0.25	0.33	$16.37 	$0.00 	$16.37 	36	11.88	$589.37 

Maintain copy of signed movement/tracking document 	0	0	0.1	0.1	$3.39 
$0.00 	$3.39 	36	3.6	$121.86 

Prepare and provide certificate of recovery to OECD Country exporter,
EPA, and competent authority of the country of export 	0	0.2	0.25	0.45
$21.40 	$0.36 	$21.76 	36	16.2	$783.52 

Obtain certificate of recovery from the U.S. R1-R11 facility 	0	0	0.16
0.16	$5.42 	$0.90 	$6.32 	36	5.76	$227.38 

Provide copy of certificate of recovery to EPA and the competent
authority of the country of export	0	0	0.16	0.16	$5.42 	$0.24 	$5.66 	36
5.76	$203.62 

Total	0.08	0.2	0.92	1.2	$51.99 	$1.50 	$53.49 	36	43.2	$1,925.74 

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule

c  Based on shipment estimates discussed in Section 3.3 of the Cost
Assessment document for the final rule.



Exhibit 6

OECD Revisions - Return of Wastes

 

Activity	Cost per Shipment	Cost for All Shipments

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Total
Hours	Labor Costa	O&M Costb	Total Cost	Number of Shipmentsc	Total Hours
Total Cost

Exports from the U.S. to OCED Countries	 	 	 	 	 	 	 	 

EPA	 	 	 	 	 	 	 	 	 	 

Receive and maintain notification of the return of the waste provided by
the competent authority of the country of import 	0	0	0.1	0.1	$2.98 
$0.00 	$2.98 	1	0.1	$2.98 

Imports to the U.S. from OCED Countries 	 	 	 	 	 	 	 	 

U.S. Importer

Prepare and Submit Notification to EPA.  (U.S. importer must inform EPA
[ ….] of the need to return the shipment.  Assumes: importer completes
return within 90 days, return shipment does not cross any new transit
country.)	0	0.2	0.25	0.45	$21.40	$0.44

(mailed)	$21.84	1	0.45	$21.84

EPA

Inform the competent authorities of the countries of export and transit
about the return of the wastes 	0	0.5	0	0.5	$25.67 	$0.12 

(FAX)	$25.79 	1	0.5	$25.79 

Total 	0	0.7	0.35	1.05	$50.05	$0.56	$50.61 	2	1.05	$50.61 



a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.  Plus, assumes April 2009
first-class postage of $0.42 plus $0.01 for envelop and $0.01 for
importer to mail one sheet of paper.

c  Based on shipment estimates discussed in Section 4.1.5 of the Cost
Assessment document for the final rule.



Exhibit 7

SLAB Revisions - Reading the Rule

(In the first year of Rule Implementation Only)

 

Activity	Cost per Entity	Cost of All Entities

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of EntitiesC	Total Hours	Total
Cost 

Reading the Regulations	 	 	 	 	 	 	 	 	 

U.S. Exporters	1	2.5	0	3.5	$260.64 	$0.00 	$260.64 	1,141	3,993.50
$297,384.54 

U.S. Transporters	1	2.5	0	3.5	$260.64 	$0.00 	$260.64 	571	1,998.50
$148,822.59 

Total 	 	 	 	 	 	 	 	1,712	5,992.00	$446,207.12



a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Sections 3.4 and 4.7 of
the Cost Assessment document for the final rule.

Exhibit 8

SLAB Revisions – Notification 

For SLAB Exports to non-OECD Countries, Canada and Mexico

 

Activity	Cost per Notice	Cost of All Notices

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of NoticesC	Total Hours	Total
Cost 

Notification

U.S. Exporters

Prepare and submit notification	0	1.5	0	1.5	$97.07 	$0.42 	$97.49 	668
1,002.00	$65,119.98

Total	0	1.5	0	1.5	$97.07 	$0.42 	$97.49 	668	1002.00	$65,119.98

EPA

Receive and process notification	0	1	0	1	$51.33 	$0.00 	$51.33 	668
668.00	$34,288.44

Prepare and transmit confirmation of receipt to U.S. exporter	0	0	0.25
0.25	$7.44 	$0.12 	$7.56 	668	167.00	$5,050.08

Forward notification to the competent authorities of the countries of
import and transit 	0	0	0.16	0.16	$4.76 	$0.24 	$5.00 	668	106.88
$3,341.07

Receive and process Acknowledgement of Receipt from the competent
authority of the country of import	0	0	0.25	0.25	$7.44 	$0.00 	$7.44 
668	167.00	$4,969.92

Receive and process consent/objection from the competent authorities of
the countries of import and transit 	0	0	0.16	0.16	$4.76 	$0.00 	$4.76 
668	106.88	$3,180.75

Forward written Acknowledgement of Consent or objection to U.S. exporter
	0	0	0.25	0.25	$7.44 	$0.12 	$7.56 	668	167.00	$5,050.08

Total 	0	1	1.07	2.07	$83.17 	$0.48 	$83.65 	668	1,382.76	$55,880.34

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.4 of the Cost
Assessment document for the final rule.

Exhibit 9

SLAB Revisions – Renotification

For SLAB Exports to non-OECD Countries, Canada and Mexico

 

Activity	Cost per Notice	Cost of All Notices

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of NoticesC	Total Hours	Total
Cost 

Renotification

U.S. Exporters

Collect specific changes	0	0.5	0	0.5	$32.36 	$0.00 	$32.36 	43	21.5
$1,391.27 

Prepare and submit renotification	0.1	0	0.5	0.6	$26.81 	$0.42 	$27.23 
43	25.8	$1,170.93

Total	0.1	0.5	0.5	1.1	$59.17 	$0.42 	$59.59 	43	47.3	$2,562.20

EPA

Receive and process notification	0	0.5	0	0.5	$25.67 	$0.00 	$25.67 	43
21.5	$1,103.60

Prepare and transmit confirmation of receipt to U.S. exporter	0	0	0.25
0.25	$7.44 	$0.12 	$7.56 	43	10.75	$325.08

Forward notification to the competent authorities of the countries of
import and transit 	0	0	0.16	0.16	$4.76 	$0.24 	$5.00 	43	6.88	$215.07

Receive and process Acknowledgement of Receipt from the competent
authority of the country of import	0	0	0.25	0.25	$7.44 	$0.00 	$7.44 	43
10.75	$319.92

Receive and process consent/objection from the competent authorities of
the countries of import and transit 	0	0	0.16	0.16	$4.76 	$0.00 	$4.76 
43	6.88	$204.75

Forward written Acknowledgement of Consent or objection to U.S. exporter
	0	0	0.25	0.25	$7.44 	$0.12 	$7.56 	43	10.75	$325.08

Total 	0	0.5	1.07	1.57	$57.51 	$0.48 	$57.99 	43	65.71	$2,493.49

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.4 of the Cost
Assessment document for the final rule.

Exhibit 10

SLAB Revisions - Annual Report

For SLAB Exports to non-OECD Countries, Canada and Mexico

 

Activity	Cost per Entity	Cost for all Entities

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of EntitiesC	Total Hours	Total
Cost 

Annual Report

Large U.S. Exporters

Research specific export information	0	1	1	2	$98.56 	$0.00 	$98.56 	613
1,226.00	$60,417.28

Prepare and submit report	0.1	1	0.3	1.4	$84.75 	$4.24 	$88.99 	613
858.20	$54,551.48 

Small U.S. Exporters

Research specific export information	0	0.5	0.5	1	$49.28 	$0.00 	$49.28 
27	27.00	$1,330.56

Prepare and submit report	0.1	0.5	0.5	1.1	$59.17 	$4.24 	$63.41 	27
29.70	$1,711.96

Total	0.2	3	2.3	5.5	$291.76 	$8.48 	$300.24 	640	2,140.90	$118,011.29 

EPA

Receive and record report	0	0.1	0.5	0.6	$20.01 	$0.00 	$20.01 	640
384.00	$12,808.32

Total 	0	0.1	0.5	0.6	$20.01 	$0.00 	$20.01 	640	384.00	$12,808.32

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.4 of the Cost
Assessment document for the final rule.

Exhibit 11

SLAB Revisions - Additional Report

For SLAB Exports to non-OECD Countries, Canada and Mexico

 

Activity	Cost per Entity	Cost for all Entities

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of ReportsC	Total Hours	Total
Cost 

Additional Report 

U.S. Exporters

Collect and provide additional information	0	0.5	0.5	1	$49.28 	$4.24 
$53.52 	2	2	$107.04

Total	0	0.5	0.5	1	$49.28 	$4.24 	$53.52 	2	2	$107.04

EPA

Receive and process Request for Additional Information from the
competent authority of the country of import	0	0	0.25	0.25	$7.44 	$0.00 
$7.44 	2	0.5	$14.88

Forward request for additional information to U.S. Exporter	0	0	0.16
0.16	$4.76 	$0.12 	$4.88 	2	0.32	$9.76

Receive and process additional info from U.S. Exporter	0	0	0.25	0.25
$7.44 	$0.00 	$7.44 	2	0.5	$14.88

Forward additional info to countries of import and transit	0	0	0.16	0.16
$4.76 	$0.24 	$5.00 	2	0.32	$10.00

Total 	0	0	0.82	0.82	$24.40 	$0.36 	$24.76 	2	1.64	$49.53



a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.4 of the Cost
Assessment document for the final rule.

Exhibit 12

SLAB Revisions - Acknowledgement of Consent to Transporter

For SLAB Exports to non-OECD Countries, Canada and Mexico

 

Activity	Cost per Shipment	Cost of All Shipments

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of ShipmentsC	Total Hours	Total
Cost 

U.S. Exporter Provides Copy of the EPA Acknowledgement of Consent to
Transporter

Find consent document	0	0	0.17	0.17	$5.75 	$0.00 	$5.75 	16,154	2,746.18
$92,958.19

Copy consent document	0	0	0.08	0.08	$2.81 	$0.22 	$3.03 	16,154	1,340.78
$48,939.35

Total 	0	0	0.25	0.25	$8.56 	$0.22 	$8.78 	16,154	4,086.96	$141,897.54

a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.4 of the Cost
Assessment document for the final rule.

Exhibit 13

SLAB Revisions - Recordkeeping

For SLAB Exports to non-OECD Countries, Canada and Mexico

 

Activity	Cost per Entity	Cost of All Entities

	Managerial Staff Hours	Technical Staff Hours	Clerical Staff Hours	Hours
Labor Costa	O&M Costb	Total Cost	Number of EntitiesC	Total Hours	Total
Cost 

U.S. Exporter Recordkeeping

File and maintain necessary documents	0	0	0.25	0.25	$8.46 	$0.00 	$8.46 
640	160.00	$5,416.00

Total 	0	0	0.25	0.25	$8.46 	$0.00 	$8.46 	640	160.00	$5,416.00 



a  Based on hourly rates discussed in Section 3.1 of the Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.4 of the Cost
Assessment document for the final rule.

Exhibit 14

Import Consent Documentation - Receiving Facility Submission to EPA

Activity	Cost Per Shipment	Cost for All Shipments

	Managerial Staff Hours 	Technical Staff Hours 	Clerical Staff Hours 
Total Hours	Labor Costa	O&M Costb	Total Cost	Number of Shipmentsc	Total
Hours	Total Cost 

Receiving Facility Submission to EPA

Importers

Find Consent Document	0	0	0.17	0.17	$5.75 	$0.00 	$5.75 	2,712	461.04
$15,606.20 

Match Consent Document to Manifest	0	0	0.17	0.17	$5.75	$0.00	$5.75	2,712
461.04	$15,606.20

Copy Consent Document	0	0	0.083	0.083	$2.81 	$0.22 	$3.03 	2,712	225.10
$8216.14 

Submit Consent to EPA	0	0	0	0	$0.00 	$0.00 	$0.00 	2,712	0	$0.00 

Total	0	0	0.42	0.42	$14.32 	$0.22 	$14.54	2,712	  =SUM(ABOVE)  1,147.18 
  =SUM(ABOVE)  $39,428.5 5 

EPA  

Receive and File Consent Document	0	0	0.083	0.083	$2.47 	$0.00 	$2.47 
2,712	225.10	$6,698.86 

Total	0	0	0.083	0.083	$2.47 	$0.00 	$2.47 	2,712	225.10	$6,698.86 

a  Based on hourly rates discussed in Section 3.1 of Cost Assessment
document for the final rule.

b  Based on materials costs discussed in Section 3.2 of the Cost
Assessment document for the final rule.

c  Based on universe assumptions discussed in Section 3.5 and Section
4.3.1 of the Cost Assessment document for the final rule.

Exhibit 15

Total Annual Estimated Respondent Burden

ICR Name	ICR Number	Total Hours/Year	Labor Cost/Year	Capital Cost/Year
O&M Cost/Year	Total Cost/Year

OECD Revisions:	 	 	 	 	 	 

Reading the Rule (Year 1 only)	2308.01	63.00	$4,793.88 	0	$0.00 
$4,793.88 

Exemption for Wastes Destined for Laboratory Analysis	2308.01	-43.00
-$2,182.63	0	-$42.40	-$2,225.14

Certificate of Recovery	2308.01	210.70	$8,959.11 	0	$106.56 	$9,065.67 

Exchange and Accumulation Recovery Operations	2308.01	44.34	$1,945.51 	0
$54.00 	$1,999.51 

Return of Wastes	2308.01	0.45	$21.40	0	$0.44	$21.84

Subtotal	 	275.49 	$13,537.26 	$0.00	$118.60 	$13,655.76 

SLAB Revisions -- for SLAB Exports to non-OECD Countries, Canada and
Mexico:

	 

Reading the Rule (Year 1 only)	2308.01	5,990.00	$446,207.12 	0	$0.00 
$446,207.12 

Notification	2308.01	1,002.00	64,839.42	0	$280.56 	$65,119.98 

Renotification	2308.01	47.30	$2,544.14 	0	$18.06 	$2,562.20 

Annual Report	2308.01	2,140.90	$115,297.69 	0	$2,713.60 	$118,011.29 

Additional Report	2308.01	2.00	$98.56 	0	$8.48 	$107.04 

Acknowledgement of Consent to Transporter	2308.01	4,086.96	$138,343.66 
0	$3,553.88 	$141,897.54 

Recordkeeping	2308.01	160.00	$5,416.00 	0	$0.00 	$5,416.00 

Subtotal	 	13,431.16	$772,746.59 	$0.00 	$6,574.58 	$779,321.17 

Import Consent Documentation:	 	 	 	 	 	 

Receiving Facility Submission to EPA	2308.01	1,147.18	$38,831.91 	0
$596.64 	$39,428.55 

Subtotal	 	1,147.18 	$38,831.91 	$0.00 	$596.64 	$39,428.55 

TOTAL for Year 1	 	14,853.83	$825,115.76	$0.00	$7,289.82	$832,405.47

TOTAL for Year 2 and beyond

8,798.83	$374,114.76

$7,289.82	$381,404.47

THREE-YEAR TOTAL(Year 1+Year 2+Year 3):	 	32,451.48	$1,573,345.27	 
$21,869.46	$1,595,214.41

THREE-YEAR AVERAGE(Year 1+Year 2+Year 3):	 	10,817.16	$524,448.42	 
$7,289.82	$531,738.14

Exhibit 16

Summary of New and Existing Annual Respondent Hour and Cost Burden

ICR Name	ICR Number	Total Hours/Year	Labor Cost/Year	Capital Cost/Year
O&M Cost/Year	Total Cost/Year

New Paperwork Requirements

Revisions to the Requirements for Transboundary Shipments of Wastes
between OECD Countries, to the Requirements for Export Shipments of
Spent Lead Acid Batteries, to the Requirements on Submitting Exception
Reports for Export Shipments of Hazardous Wastes, and to the
Requirements for Import Shipments of Hazardous Wastes	2308.01	10,817
$524,448	$0	$7,290	$531,738

Existing Paperwork Requirements

Hazardous Waste Generator Standards*	820.1	 	 	 	 	 

-- Exporter Requirements	 	4,389	$129,460	-----	$1,401 	$130,861 

-- Importer-Exporter Requirements OECD and Bilateral	 	324	$9,678	-----
$182 	$9,859 

General Hazardous Waste Facility Standards**	1571.08	 	 	 	 	 

-- Foreign Shipment Import Report (264.12(a) and 265.12(a))	 	166	$188
0	0.33	$10,418 

Notification of Regulated Waste Activity***	0261.15	100,307	$9,454,718	0
$234,843 	$9,689,561 

Subtotal	 	105,186	$9,594,044	$0	$236,426	$9,840,699

TOTAL	 	116,003	$10,118,492	$0	$243,716	$10,372,437



*      See Exhibit 9 of the Supporting Statement for EPA Information
Collection Request Number 0820.10 Hazardous Waste Generator Standards,
January 2008

**    See Exhibit 1 of the Supporting Statement for EPA Information
Collection Request 1571.08 "General Hazardous Waste Facility Standards,"
February 2006

***  See Exhibit 3 of the Supporting Statement for EPA Information
Collection Request Number 261.15 "Notification of Regulated Waste
Activity," January 2006

Exhibit 17

Total Annual Estimated Agency Burden

ICR Name	ICR Number	Total Hours/Year	Labor Cost/Year	Capital Cost/Year
O&M Cost/Year	Total Cost/Year

OECD Revisions:	 	 	 	 	 	 

Reading the Rule	2308.01	0.00	0	0	0	0

Exemption for Wastes Destined for Laboratory Analysis	2308.01	-39.20
-$1,659.79	0	-$7.20	-$1,666.96

Certificate of Recovery	2308.01	77.50	$2,306.40 	0	$0.00 	$2,306.40 

Exchange and Accumulation Recovery Operations	2308.01	5.70	$169.63 	0
$0.00 	$169.63 

Return of Wastes	2308.01	0.60	$28.64 	0	$0.12 	$28.76 

Subtotal	 	44.60	$844.88 	$0.00	-$7.08	$837.83 

SLAB Revisions -- for SLAB Exports to non-OECD Countries, Canada and
Mexico:	 	 	 	 

Reading the Rule	2308.01	0.00	0	0	0	0

Notification	2308.01	1,382.76	$55,559.70 	0	$320.64 	$55,880.34 

Renotification	2308.01	67.51	$2,472.85 	0	$20.64 	$2,493.49 

Annual Report	2308.01	384.00	$12,808.32 	0	$0.00 	$12,808.32 

Additional Report	2308.01	1.64	$48.81 	0	$0.72 	$49.53 

Acknowledgement of Consent to Transporter	2308.01	0.00	0	0	0	0

Recordkeeping	2308.01	0.00	0	0	0	0

Subtotal	 	1,835.91	$70,889.68 	$0.00 	$342.00 	$71,231.68 

Import Consent Documentation:	 	 	 	 	 	 

Receiving Facility Submission to EPA	2308.01	225.10	$6,698.86 	0	$0.00 
$6,698.86 

Subtotal	 	225.10	$6,698.86 	$0.00 	$0.00 	$6,698.86 

TOTAL	 	2,105.61	$78,433.41 	$0.00	$334.92	$78,768.37



  OECD’s “Decision of the Council C(2001)107/FINAL, Concerning the
Control of Transboundary Movements of Wastes Destined for Recovery
Operations, as amended by C(2004)20” (hereinafter referred to as the
Amended 2001 OECD Decision), which amended the OECD Decision (1992) on
the same subject.

  R12 is defined in §262.81 as exchange of wastes for submission to any
of the operations numbered R1-R11.  R13 is defined in §262.81 as
accumulation of material intended for any operation numbered R1-R12.

 On March 30, 1992, the OECD Council adopted the “Decision of the
Council C(92)39/FINAL Concerning the Control of Transfrontier Movements
of Wastes Destined for Recovery” (hereinafter referred to as the 1992
Decision), which applied to the transboundary movements of wastes
destined for recovery operations between OECD Member countries.  The
1992 Decision provided a framework for OECD Member countries to control
the transboundary movement of recoverable wastes in an environmentally
sound and economically efficient manner.  Due to the legally binding
nature of the 1992 Decision, the United States, as an OECD Member
country, was required to implement the terms of the decision in
accordance with Articles 5(a) and 6(2) of the OECD Convention.  In order
to implement the specific provisions of the 1992 Decision, EPA published
a final rule in the FEDERAL REGISTER entitled “Imports and Exports of
Hazardous Waste: Implementation of OECD Council Decision C(92)39
Concerning the Control of Transfrontier Movements of Wastes Destined for
Recovery Operations” (61 FR 16289, April 12, 1996)(hereafter referred
to as EPA’s OECD rule).  These regulations appear primarily in 40 CFR
part 262, subpart H.

  The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal is a comprehensive global
environmental agreement on hazardous and other wastes.  The Convention
has 172 Member countries, also known as Parties, and aims to protect
human health and the environment against the adverse effects resulting
from the generation, management, transboundary movements and disposal of
hazardous and other wastes.  More information on the Basel Convention
may be found at   HYPERLINK "http://www.basel.int"  www.basel.int .

  Recovery operations R1 through R11 are defined in §262.81 as the
following:  R1, use as a fuel (other than in direct incineration) or
other means to generate energy; R2, solvent reclamation/regeneration;
R3, recycling/reclamation of organic substances which are not used as
solvents; R4, recycling/reclamation of metals and metal compounds; R5,
recycling/reclamation of other inorganic materials; R6, regeneration of
acids or bases; R7, recovery of components used for pollution abatement;
R8, recovery of components used from catalysts; R9, used oil re-refining
or other reuses of previously used oil; R10, land treatment resulting in
benefit to agriculture or ecological improvement; and, R11, uses of
residual materials obtained from any of the operations numbered R1-R10.

  See section 3.1 of the “Cost Assessment for the Final Rule on
Exports and Imports of Hazardous Waste Destined for Recovery Among OECD
Countries, Exports of Spent Lead-Acid Batteries from the U.S., and
Import Consent Documentation” (hereinafter referred to as the Cost
Assessment document for the final rule), which is available in the
docket for the rule.

 U.S. EPA. September 27, 2004 (revised February 24, 2005). Cost
Assessment in Support of the Proposed Rule on Exports and Imports of
Hazardous Waste Destined for Recovery among OECD Countries	

 To update the hourly rates from 2004 to 2007 levels, EPA referred to
Table 9. Employment Cost Index for Wages and Salaries, for Private
Industry Workers by Occupation Group and Industry (Not seasonally
adjusted) of Employment Cost Index:  Historical Listing (December 2005 =
100), U.S. Bureau of Labor Statistics (July 31, 2007).  This table
presents employment cost indices for private industry workers, by annual
quarter (i.e., for March, June, September, and December).  EPA used the
June 2004 Index (96.5) and the June 2007 Index (105.1) to develop an
adjustment factor of 1.089 (i.e., 105.1 / 96.5 = 1.089).  Available at:
http://www.bls.gov/ncs/ect/home.htm.

 See section 3.2 of the Cost Assessment document for the final rule.

  Based on the postal mail rates as of April 2008.  U.S. First Class
postage has since increased form $0.41 to $0.42 per standard letter. 
This change is expected to have a negligible impact on total costs.

  See section 3.1 of the Cost Assessment document for the final rule.

  These assumptions are discussed in detail in section 3.3.2 of the Cost
Assessment document for the final rule.

  These assumptions are discussed in detail in section 3.4.2 of the Cost
Assessment document for the final rule.

  These assumptions are discussed in detail in Section 3.5.2 of the Cost
Assessment document for the final rule.

   See section 4.1.1 of the Cost Assessment document for the final rule.

 See discussion in Section 3.4 and Attachment E of the Cost Assessment
document for the final rule.  

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§262.52(c) and §266.80(a) as aforementioned, but is not required of
SLAB exports to OECD countries other than Canada and Mexico. 

   The Agency assumes that all of the SLABs will be exported to Canada
and Mexico but not to OECD countries.  See discussion in Section 3.4 and
Attachment E of the Cost Assessment document for the final rule.

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