SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1442.19

“LAND DISPOSAL RESTRICTIONS” 

August 17, 2007

TABLE OF CONTENTS

 TOC \f 

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	1

1 (a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION	1

1 (b)	CHARACTERIZATION OF THE INFORMATION COLLECTION	1

2.	NEED FOR AND USE OF THE COLLECTION	6

2(a)	NEED AND AUTHORITY FOR THE COLLECTION	6

2(b)	USE AND USERS OF THE DATA	10

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	12

3(a)	NONDUPLICATION	12

3(b)	PUBLIC NOTICE	13

3(c)	CONSULTATIONS	13

3(d)	EFFECTS OF LESS FREQUENT COLLECTION	13

3(e)	GENERAL GUIDELINES	14

3(f)	CONFIDENTIALITY	14

3(g)	SENSITIVE QUESTIONS	14

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	14

4(a)	RESPONDENTS AND SIC/NAICS CODES	14

4(b)	INFORMATION REQUESTED	15

5.	THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	31

5(a)	AGENCY ACTIVITIES	31

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT	34

5(c)	SMALL ENTITY FLEXIBILITY	35

5(d)	COLLECTION SCHEDULE	35

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	37

6(a)	ESTIMATING RESPONDENT HOURS	37

6(b)	ESTIMATING RESPONDENT COSTS	37

6(c)	ESTIMATING AGENCY HOUR AND COST BURDEN	40

6(d)	RESPONDENT UNIVERSE AND TOTAL RESPONDENT 

HOUR AND COST BURDEN	40

6(e)	BOTTOM LINE HOUR AND COST BURDEN	47

6(f)	REASONS FOR CHANGE IN BURDEN	48

6(g)	BURDEN STATEMENT	48

 

EXHIBITS	50-62

1.	IDENTIFICATION OF THE INFORMATION COLLECTION tc \l1 "1.
IDENTIFICATION OF THE INFORMATION COLLECTION 

1 (a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION tc \l2 "1 (a)	TITLE
AND NUMBER OF THE INFORMATION COLLECTION 

This Information Collection Request (ICR) is entitled “Land Disposal
Restrictions,” EPA ICR Number 1442.19.

1 (b)	CHARACTERIZATION OF THE INFORMATION COLLECTION tc \l2 "1 (b)
CHARACTERIZATION OF THE INFORMATION COLLECTION 

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

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

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

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

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

–	At least one-third of all listed hazardous wastes would be
prohibited from land disposal by August 8, 1988 (First Third);

–	At least two-thirds of all listed hazardous wastes would be
prohibited from land disposal by June 8, 1989 (Second Third); and

–	All remaining listed hazardous wastes and all hazardous wastes
identified as of November 8, 1984, by one or more of the characteristics
defined in 40 CFR Part 261, would be prohibited from land disposal by
May 8, 1990 (Third Third).

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

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

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

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

(1)	Treatment Surface Impoundment Exemption

40 CFR 268.4(a) provides that wastes which are otherwise prohibited from
land disposal under Part 268 may be treated in a surface impoundment or
series of impoundments provided that the owner/operator complies with
section 268.4(a)-(b).  Among other things, section 268.4(a) lays out
sampling and testing provisions, waste management requirements, and unit
design requirements.  It also establishes procedures (e.g., application
and certification) for the owner/operator to apply to EPA to obtain the
exemption.

(2)	Procedures for Case-by-Case Extension

40 CFR 268.5(a)-(c) provides that any person who generates, treats,
stores, or disposes of a hazardous waste may submit an application to
EPA for an extension to the effective date of any applicable restriction
established under Subpart C of Part 268.  The application must
demonstrate all of the items laid out at 40 CFR 268.5(a)(1)-(7) (e.g.,
demonstrate that the applicant has made a good-faith effort to locate
and contract with a facility to accept and manage his waste in
accordance with the effective date of the applicable restriction).  The
application also must include a signed certification.

(3)	Waste Analysis and Recordkeeping

(a)	Generator Waste Analysis and Recordkeeping

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

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

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

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

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

(b)	Treatment Facility Waste Analysis and Recordkeeping

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

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

(c)	Land Disposal Facility Waste Analysis and Recordkeeping

40 CFR 268.7(c)(1) provides that, except where the owner or operator is
disposing of any waste that is a recyclable material used in a manner
constituting disposal pursuant to 40 CFR 266.20(b), the owner/operator
of any land disposal facility disposing any waste subject to
restrictions under Part 268 must have copies of the notice and
certification specified in section 268.7(a) or (b).  Section 268.7(c)(2)
requires that, except for an owner/operator who is disposing of any
waste that is a recyclable material used in a manner constituting
disposal pursuant to 40 CFR 266.20(b), the owner/operator of any land
disposal facility disposing any waste subject to restrictions under Part
268 must test the waste, or an extract of the waste or treatment
residue, using the test method described in “Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication
SW-846 as incorporated by reference in section 260.11.  Such testing
must be performed according to the frequency specified in the
facility’s waste analysis plan as required by section 264.13 or
section 265.13.

(d)	Hazardous Debris Requirements

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

(e)	Contaminated Soil Requirements

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

(f)	Special Rules for Characteristic Wastes

Pursuant to 40 CFR 268.9(d), wastes that exhibit a characteristic are
also subject to section 268.7 requirements, except that once the waste
is no longer hazardous, a one-time notification and certification must
be placed in the generator’s or treater’s files and sent to EPA or
the authorized State.  The notification and certification that is placed
in the generator’s or treater’s files must be updated if the process
or operation generating the waste changes and/or if the Subtitle D
facility receiving the waste changes.  The generator or treater must
notify EPA or the authorized State of any changes on an annual basis
only, but no later than December 31.  If treatment removes the
characteristic but does not treat underlying hazardous constituents,
then the certification found in section 268.7(b)(5)(iv) applies.

(4)	Demonstration for Alternative Treatment Technology

40 CFR 268.42(b) provides that any person may submit an application to
EPA demonstrating that an alternative treatment method can achieve a
measure of performance equivalent to that achievable by methods
specified in section 268.42(a), (c), and (d) or specified in Table 1 of
section 268.45 for hazardous debris.  The applicant must submit
information demonstrating that his treatment method is in compliance
with Federal, State, and local requirements and is protective of human
health and the environment.

(5)	Demonstration for a Variance from a Treatment Standard

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

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

(6)	Recordkeeping for Storage Prohibition

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

2.	NEED FOR AND USE OF THE COLLECTION tc \l1 "2.	NEED FOR AND USE OF
THE COLLECTION 

2(a)	NEED AND AUTHORITY FOR THE COLLECTION tc \l2 "2(a)	NEED AND
AUTHORITY FOR THE COLLECTION 

This section describes the need and authority for each type of
information collection included in this ICR.

(1)	Treatment Surface Impoundment Exemption

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

(2)	Procedures for Case-by-Case Extension

Under RCRA Section 3004(h), EPA can grant case-by-case extensions of the
prohibition effective dates for up to one year beyond the applicable
deadlines; extensions are renewable once for up to one additional year. 
[Under section 268.5, the Agency will consider granting up to a one-year
extension (renewable only once) of a prohibition effective date on a
case-by-case basis.  The requirements outlined in section 268.5 must be
satisfied, including, among other things, a demonstration that adequate
alternative treatment, recovery, or disposal capacity for the
petitioner’s waste cannot reasonably be made available by the
effective date due to circumstances beyond the applicant’s control and
that the petitioner has entered into a binding contractual commitment to
construct or otherwise provide such capacity.]  EPA needs the
information in section 268.5 to ensure that the extension is justified
and that the applicant is taking appropriate steps in obtaining needed
capacity and in managing the waste. 

(3)	Waste Analysis and Recordkeeping

(a)	Generator Waste Analysis and Recordkeeping

RCRA Section 3002(a) authorizes EPA to establish requirements for
generators respecting, among other things, recordkeeping practices that
accurately identify the quantities of hazardous wastes generated, the
constituents thereof, and the disposition of such wastes.  EPA is also
authorized to develop standards for the use of a manifest system and any
other reasonable means necessary to assure that all such hazardous waste
generated is designated for treatment, storage or disposal.  EPA
believes that the one-time LDR tracking requirement is essential in
tracking restricted hazardous wastes from cradle to grave, thereby
ensuring that threats are minimized.  The notices and certifications
ensure that the shipper and receiving facility are held accountable for
proper characterization and management of the waste.  Because the
notification and, if applicable, certifications are required only for
the initial shipment of waste from the generator, and only must be
updated when specified, EPA further believes that its LDR tracking
requirements place a minimal burden on generators.

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

(b)	Treatment Facility Waste Analysis and Recordkeeping

RCRA Section 3004(a) authorizes EPA to develop standards for
owner/operators of TSDFs respecting (but not limited to) treatment of
all such waste received by the facility pursuant to such operating
methods, techniques, and practices as may be satisfactory to EPA.  EPA
believes it is important for treatment and disposal facilities to
periodically test their waste in order to, among other things,
corroborate information provided by the off-site facility delivering the
waste and to ensure that the treated waste meets the applicable
treatment standards.  As required under section 268.7(b)(1)-(2),
treatment facilities must conduct periodic detailed physical and
chemical analyses of their waste streams to assure that the appropriate
40 CFR Part 268 treatment standards are being met. 

RCRA Section 3004(a) also authorizes EPA to develop standards for
owner/operators of TSDFs respecting (but not limited to) maintaining
records of all hazardous waste that is treated, stored, or disposed of,
as the case may be, and the manner in which such wastes were treated,
stored or disposed of.  EPA believes it is essential that generators and
TSDFs conduct one-time LDR tracking in order to track hazardous wastes
from cradle to grave to ensure that threats are minimized.  The notices
and certifications ensure that the shipper and receiving facility are
held accountable for proper characterization and management of the
waste.  Because the notifications and certifications are required only
for the initial shipment, and only must be updated when specified, EPA
believes that the LDR tracking requirements place a minimal burden on
treaters.

(c)	Land Disposal Facility Waste Analysis and Recordkeeping

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

(d)	Hazardous Debris Requirements

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

(e)	Contaminated Soil Requirements

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

(f)	Special Rules for Characteristic Wastes

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

(4)	Demonstration for Alternative Treatment Technology

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

(5)	Demonstration for a Variance from a Treatment Standard

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

(6)	Recordkeeping for Storage Prohibition

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

2(b)	USE AND USERS OF THE DATA tc \l2 "2(b)	USE AND USERS OF THE DATA 

(1)	Treatment Surface Impoundment Exemption

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

(2)	Procedures for Case-by-Case Extension

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

(3)	Waste Analysis and Recordkeeping

(a)	Generator Waste Analysis and Recordkeeping

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

(b)	Treatment Facility Waste Analysis and Recordkeeping

Treatment facilities use the waste analysis data and waste tracking
documents to ensure that the treated waste meets applicable treatment
standards, to notify the land disposal facility of the waste (e.g.,
waste type) and, if applicable, to certify to the land disposal facility
that the waste meets applicable treatment standards.

(c)	Land Disposal Facility Waste Analysis and Recordkeeping

Land disposal facilities use the waste analysis data and waste tracking
documents to corroborate the information sent from generators and
treatment facilities.  Land disposal facilities must keep records of
notices and certifications for their own purposes, although EPA may also
want to review the facilities’ files.

(d)	Hazardous Debris Requirements

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

(e)	Contaminated Soil Requirements

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

(f)	Special Rules for Characteristic Wastes

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

(4)	Demonstration for Alternative Treatment Technology

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

(5)	Demonstration for a Variance from a Treatment Standard

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

(6)	Recordkeeping for Storage Prohibition

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

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA tc \l1
"3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 

3(a)	NONDUPLICATION tc \l2 "3(a)	NONDUPLICATION 

The information collected under this ICR is not available from any
source other than respondents.  EPA’s Office of Solid Waste is the
only office within the Agency requiring the recordkeeping or reporting
of this information.  No other Federal agency or department collects
this information. 

3(b)	PUBLIC NOTICE tc \l2 "3(b)	PUBLIC NOTICE 

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice in the Federal Register on April 17, 2007 (72 FR 19195). 
The public comment period extended through June 18, 2007.  EPA received
no comments on this ICR in response to the Federal Register notice.

3(c)	CONSULTATIONS tc \l2 "3(c)	CONSULTATIONS 

Most of the underlying assumptions in this ICR (e.g., burden hour
estimates) are based on EPA consultations with industry that were
conducted in renewing previous LDR ICRs.  In renewing this current ICR,
EPA carefully reviewed all of the ICR’s assumptions and determined
that a few should be strengthened based on additional consultations. 
Specifically, EPA conducted consultations on the ICR’s assumptions
regarding respondents’ burden for reading the LDR regulations and the
frequency by which LDR notices and certifications are prepared and
transmitted.  EPA’s assumptions regarding these and other activities
are fully discussed in Section 6(d) of this document.  EPA conducted its
consultations with the following organizations:

Organization	

Contact Name	

Phone Number



Environmental Systems Company (ENSCO)	

Mr. Mike Karp	

(870) 864-3685



Northland Environmental, Inc.	

Mr. John Stiller	

(401) 781-6340



Perma Fix Environmental Services	

Mr. Curt Vogalman	

(352) 373-6066



Pollution Control Industries	

Ms. Tita Lagrimas	

(219) 397-3951



Safety Kleen	

Mr. Dan Appelt	

(847) 468-6720



3(d)	EFFECTS OF LESS FREQUENT COLLECTION tc \l2 "3(d)	EFFECTS OF LESS
FREQUENT COLLECTION 

The vast majority of the paperwork under the LDR program is collected on
a one-time basis; hence, the frequency of these collections cannot be
reduced.  For example, EPA modified the LDR regulations to decrease the
frequency by which LDR notices and certifications are transmitted.  This
decrease in the collection frequency was accomplished by requiring that
respondents only send one-time notices and certifications with their
initial shipment and that these documents be updated only as needed. 
Previously, EPA had required that respondents send appropriate
notifications and certifications for each shipment.  EPA believes that
these modifications allow for proper tracking and record keeping of
hazardous waste while protecting human health and the environment.  

On April 4, 2006, EPA published a final rulemaking that reduced the
recordkeeping and reporting burden RCRA imposes on the States, the
public, and the regulated community (71 FR 16863).  This rule did not
substantially reduce the burden for this ICR, but it did eliminate
obsolete terms and clarified certain aspects of the LDR regulations.

3(e)	GENERAL GUIDELINES tc \l2 "3(e)	GENERAL GUIDELINES 

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

3(f)	CONFIDENTIALITY tc \l2 "3(f)	CONFIDENTIALITY 

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

3(g)	SENSITIVE QUESTIONS tc \l2 "3(g)	SENSITIVE QUESTIONS 

No questions of a sensitive nature are included in any of the LDR
information collection requirements.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED tc \l1 "4.	THE
RESPONDENTS AND THE INFORMATION REQUESTED 

4(a)	RESPONDENTS AND NAICS CODES tc \l2 "4(a)	RESPONDENTS AND SIC/NAICS
CODES 

Hazardous waste generators, treaters, and disposers must comply with the
LDR program’s paperwork requirements, as applicable.  Following is a
list of  North American Industry Classification System (NAICS) codes
associated with waste handlers that may be affected by information
collection requirements covered in this ICR:

Industrial Sector	

NAICS Code(s)



Agriculture, Forestry, Fishing, and Hunting	

11



Mining	

21



Utilities	

22



Construction 	

23



Manufacturing	

31-33



Wholesale Trade	

42



Retail Trade	

44-45



Transportation and Warehousing	

48-49



Information	

51



Waste Management and Remediation Services	

562



Public Administration	

92

 

4(b)	INFORMATION REQUESTED tc \l2 "4(b)	INFORMATION REQUESTED 

(1)	Treatment Surface Impoundment Exemption (Section 268.4)

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

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

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

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

(i)	Data Item:

A demonstration showing that either:

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

or

-	Under section 268.4(a)(3)(ii), the unit meets the following criteria:

--	Has at least one liner, for which there is no evidence that such
liner is leaking;

--	Is located more than one-quarter mile from an underground source of
drinking water; and

--	Is in compliance with generally applicable ground-water monitoring
requirements for facilities with permits.

or

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

(ii)	Respondent Activities:

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

Develop and submit the application to EPA or the authorized State; and

Maintain on-site files of the application.

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

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

(i)	Data Item:

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

(ii)	Respondent Activities:

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

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

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

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

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

(i)	Data Items:

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

–	A good faith effort to locate and contact with treatment, recovery,
or disposal facilities nationwide to manage waste in accordance with the
effective date of the applicable restriction established under
Subpart C of Part 268;

–	Binding contractual commitment to construct or otherwise provide
alternative treatment, recovery, or disposal capacity;

–	Demonstration that, due to circumstances beyond the applicant’s
control, such alternative capacity cannot reasonably be made available
by the applicable effective date;

–	The capacity being constructed or otherwise provided by the
applicant will be sufficient to manage the entire quantity of waste that
is the subject of the application;

–	A detailed schedule for obtaining required operating and
construction permits or an outline of how and when alternative capacity
will be available;

–	Arrangements for adequate capacity to manage waste during an
extension and documentation as to the location of all sites at which the
waste will be managed; and

–	Demonstration that any waste managed in a surface impoundment or
landfill during the extension period will meet the requirements of
section 268.5(h)(2).

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

(ii)	Respondent Activities:

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

Complete and submit a signed, certified application for an extension to
the effective date of any applicable restriction established under
Subpart C of Part 268; and

Develop and submit any additional information as requested by EPA which
it deems as necessary to evaluate the application.

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

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

(i)	Data Item:

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

(ii)	Respondent Activities:

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

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

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

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

(i)	Data Items:

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

Under section 268.5(g), written progress reports describing:

–	Overall progress made toward constructing or otherwise providing
alternative treatment, recovery, or disposal capacity;

–	Identification of any event which may cause or has caused a delay in
development of the capacity; and

–	Summary of the steps taken to mitigate the delay.

(ii)	Respondent Activities:

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

Immediately notify EPA of any change in the conditions certified to in
the application; and

Provide written progress reports to EPA at intervals designated by EPA.

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

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

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

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

(i)	Data Items:

Testing results or data used to support process knowledge determination.

(ii)	Respondent Activities:

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

Test the waste; or

Use process knowledge. 

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

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

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

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

(i)	Data Items:

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

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

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

(ii)	Respondent Activities:

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

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

For waste or contaminated soil that can be land disposed without further
treatment, complete and transmit a one-time notice (and also a
certification for waste) to the disposal facility with the first
shipment and when the waste, soil or receiving facility changes; or 

For waste or contaminated soil that is exempt from a prohibition on the
type of land disposal method utilized for the waste (such as, but not
limited to, a case-by-case extension under section 268.5, an exemption
under section 268.6, or a nationwide capacity variance under Subpart C),
complete and transmit to the disposal facility a one-time notice.

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

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

(i)	Data Items:

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

Under section 268.7(a)(5)(iii), notifications and certifications for
wastes shipped off site.



(ii)	Respondent Activities:

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

Develop and follow waste analysis plan; 

Maintain the waste analysis plan on site; and

Complete and transmit to the receiving facility a one-time notification
and certification.

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

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

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

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

(i)	Data Items:

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

For a generator who determines whether the waste is restricted based on
testing, the waste analysis data.

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

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

(ii)	Respondent Activities:

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

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

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

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

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

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

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

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

(i)	Data Items:

For a generator who is managing a lab pack waste and who wishes to use
the alternate treatment standards under section 268.42, a signed
notification and certification; and

For a SQGs with a tolling agreement pursuant to 40 CFR 262.20(e), a copy
of the notification and certification, together with the tolling
agreement.   

(ii)	Respondent Activities:

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

For a generator who is managing a lab pack waste and who wishes to use
the alternate treatment standards under section 268.42, submit a signed
notification and certification to the treatment facility with the first
shipment or when the waste or receiving facility changes; and

For a SQG with a tolling agreement pursuant to 40 CFR 262.20(e),
transmit and retain on site a copy of the notification and
certification, together with the tolling agreement, for at least three
years after termination or expiration of the agreement.  

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

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

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

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

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

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

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

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

(i)	Data Items:

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

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

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

Under section 268.7(b)(6), for wastes that are recyclable materials, a
signed certification that must be worded as described in section
268.7(b)(4), and a notice with the information listed in section
268.7(b)(3) (except manifest number) to EPA or the authorized State; and

Under section 268.7(b)(6), records of the name and location of each
entity receiving the hazardous waste-derived product.

(ii)	Respondent Activities:

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

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

Comply with the notification and certification requirements applicable
to generators;

For recyclable materials, complete and submit a notice and certification
to EPA or the authorized State with each shipment; and

For recycling facilities, keep records of the name and location of each
entity receiving the hazardous waste-derived products.

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

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

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

(i)	Data Item:

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

(ii)	Respondent Activity:

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

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

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

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

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

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

(i)	Data Items:

Under section 268.7(d), a one-time notification, including:

–	The name and address of the Subtitle D facility receiving the
treated debris;

–	A description of the hazardous debris as initially generated,
including the EPA Hazardous Waste Number(s); and

–	For debris excluded under section 261.3(f)(1), the technology from
Table 1, section 268.45 used to treat the debris.

For debris excluded under section 261.3(f)(1), a certification of
compliance with the treatment standards of Table 1, section 268.45,
including:

–	Records of all inspections, evaluations, and analyses of treated
debris made to determine compliance;

–	Records of data or information the treater obtains during treatment
of the debris that identifies key operating parameters of the treatment
unit; and

–	For each shipment of treated debris, a certification of compliance
with the treatment standards, signed by an authorized representative. 
The certification must state the following:  “I certify under penalty
of law that the debris has been treated in accordance with the
requirements of 40 CFR 268.45.  I am aware that there are significant
penalties for making a false certification, including the possibility of
fine and imprisonment.”

(ii)	Respondent Activities:

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

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

Update the notification if the debris is shipped to a different
facility, and, for debris excluded under section 261.3(f)(1), if a
different type of debris is treated or if a different technology is used
to treat the debris; and 

For debris excluded under section 261.3(f)(1), document and certify
compliance with the treatment standards of Table 1, section 268.45, as
follows: 

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

-	Keep records of data or information obtained during treatment, if
debris is excluded under section 261.3(e)(1); and

-	Keep a certification of compliance for each shipment of treated
debris, if debris is excluded under section 261.3(e)(1).

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

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

(i)	Data Items:

One-time only documentation of the determinations.

All supporting documentation for this determination.

(ii)	Respondent Activities:

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

Prepare a one-time only documentation of the determinations including
all supporting information; and

Maintain that information in the facility files and other records for a
minimum of three years.

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

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

(i)	Data Item:

A notification that includes the following information:

–	Name and address of the RCRA Subtitle D facility receiving the waste
shipment; and

–	A description of the waste as initially generated, including the
applicable EPA Hazardous Waste Code(s), treatability group(s), and
underlying hazardous constituents (as defined in section 268.2(i)),
unless the waste will be treated and monitored for all underlying
hazardous constituents.  If all underlying constituents will be treated
and monitored there is no requirement to list any of the constituents on
the notice.

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

(ii)	Respondent Activities:

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

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

Maintain files of notification and certification in facility files;

Update and submit to EPA the notification and certification annually, if
any changes occur; and

Maintain updated certification and notification.

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

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

(i)	Data Item:

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

(ii)	Respondent Activities:

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

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

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

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

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

(i)	Data Items:

Under section 268.44(a) and (c), a demonstration that because the
physical or chemical properties of the waste differ significantly from
wastes analyzed in developing the treatment standard, the waste cannot
be treated to specified levels or by the specified methods.  Each
petition must include a signed statement as described in section
268.44(c).

Under section 268.44(d), any additional information or samples which
EPA may require to evaluate the petition.  Additional copies of the
complete petition may be requested as needed to send to affected States
and EPA Regional offices.

(ii)	Respondent Activities:

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

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

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

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

(i)	Data Items:

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

Under section 268.44(j), any additional information or samples which may
be required to evaluate the application.

(ii)	Respondent Activity:

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

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



(6)	Recordkeeping for Storage Prohibition (Section 268.50) 

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

(i)	Data Items:

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

(ii)	Respondent Activities:

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

For each tank, container, or containment building, develop and keep
records of the unit contents, and the date that accumulation begins; for
each tank, owners and operators must also keep records of the quantity
of each hazardous waste received.

5.	THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT tc \l1 "5.	THE INFORMATION
COLLECTED—AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION
MANAGEMENT 

5(a)	AGENCY ACTIVITIES tc \l2 "5(a)	AGENCY ACTIVITIES 

(1)	Treatment Surface Impoundment Exemption (Section 268.4) 

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

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

Review written certification; and

Keep records of the demonstration and written certification.



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

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

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

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

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

Provide notice and opportunity for comment;

Consult with appropriate State agencies in all affected States; and

Approve or deny extension and publish the decision in the Federal
Register.

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

Under section 268.5(e), the Agency will:

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

Consult with appropriate State agencies in all affected States; and

Provide notice and opportunity for public comment;

Approve or deny renewal of extension and publish the decision in the
Federal Register.

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

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

Receive and keep records of notification of any change in the conditions
certified to in the application; and

Receive, review, and keep records of written progress reports.

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

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

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

Inspect the waste analysis plan in the facilities’ on-site files.

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

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

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

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

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

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

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

Receive, review, and keep records of one-time notification submitted by
owner/operator; and

Receive, review and keep records of update sent from owner/operator.

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

 

Under section 268.7(e), the Agency will:

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

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

Under section 268.9(d), the Agency will:

Receive, review, and keep records of one-time notification submitted by
owner/operator; and

Receive, review and keep records of update sent annually from
owner/operator if the process or operation generating the waste changes
and/or if the Subtitle D facility receiving the waste changes.

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

Under section 268.42(b), the Agency will:

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

Approve or deny the application; and

For approved applications, develop a written approval that may contain
such provisions and conditions as EPA deems appropriate.

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

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

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

Receive, review, and keep records of the petition;

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

Send additional copies of the petition to the States, if appropriate;

Provide notice and provide an opportunity for public comment; and

Approve or deny the petition and publish decision in the Federal
Register.

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

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

Receive, review, and keep records of the petition;

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

Provide notice and provide an opportunity for public comment; and



Approve or deny the petition.

(6)	Recordkeeping for Storage Prohibition (Section 268.50)

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

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT tc \l2 "5(b)	COLLECTION
METHODOLOGY AND MANAGEMENT 

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

5(c)	SMALL ENTITY FLEXIBILITY tc \l2 "5(c)	SMALL ENTITY FLEXIBILITY 

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

5(d)	COLLECTION SCHEDULE tc \l2 "5(d)	COLLECTION SCHEDULE 

(1)	Treatment Surface Impoundment Exemption (Section 268.4)

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6)	Recordkeeping for Storage Prohibition (Section 268.50) 

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

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION tc \l1 "6.
ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 

6(a)	ESTIMATING RESPONDENT HOURS tc \l2 "6(a)	ESTIMATING RESPONDENT
HOURS 

EPA estimates respondent hourly burden for all the information
collection requirements covered in this ICR in Exhibits 1A through 6A. 
The burden estimates for each activity presented in Exhibits 1 through 6
include the burden hours (total and by labor type) per respondent, as
well as the overall burden hours for all respondents per activity.  The
majority of the hour estimates in Exhibits 1A through 6A are based on
industry consultations that EPA performed in renewing previous LDR ICRs.
 Exhibit 8A presents the total aggregate annual hour burden to all
respondents under the LDR program.   Exhibits 1B through 6B as well as
Exhibit 8B present the annual hour burden to all State respondents under
the LDR program.

6(b)	ESTIMATING RESPONDENT COSTS tc \l2 "6(b)	ESTIMATING RESPONDENT
COSTS 

EPA estimates respondent costs for all activities covered in this ICR in
Exhibits 1A through 6A.  These costs are based on the cost of labor,
capital, and operation and maintenance (O&M).  Exhibit 8A presents the
total aggregate annual cost burden to all respondents under the LDR
program. Exhibits 1B through 6B as well as Exhibit 8B present the annual
cost burden to all State respondents under the LDR program.

(1)	Labor Costs

For purposes of this analysis, EPA estimates an average hourly
respondent labor cost (including fringe and overhead) of $81.13 for
legal staff, $65.61 for managerial staff, $36.34 for technical staff,
and $17.99 for clerical staff.  These respondent labor costs were
generated from data obtained from the US Bureau of Labor Statistics
(BLS) Occupational Employment Statistics (OES) for May 2006 National
Occupational Employment and Wage Estimates (averages across all NAICS
codes):   HYPERLINK "http://www.bls.gov/oes/current/oes_nat.htm" 
http://www.bls.gov/oes/current/oes_nat.htm .  Loaded wage rates
estimated by multiplying the BLS unloaded wage rates by 1.4845, which
represents addition of two cost factors (i.e., Federal government
civilian wage full fringe benefit cost factor of 36.45%, plus 12%
overhead cost factors) from Figure C1 of the 29 May 2003 OMB Circular
A-76:  Performance of Commercial Activities:   HYPERLINK
"http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.h
tml" 
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml .

For the State respondent labor rates, EPA estimates an average hourly
labor cost (including fringe and overhead) of $55.65 for legal staff,
$52.24 for managerial staff, $31.26 for technical staff, and $19.94 for
clerical staff.  These State respondent labor costs were generated from
data obtained from the US Bureau of Labor Statistics (BLS) Occupational
Employment Statistics (OES) for May 2006 at:    HYPERLINK
"http://www.bls.gov/oes/current/naics4_999200.htm" 
http://www.bls.gov/oes/current/naics4_999200.htm    OMB does not publish
a state government   wage rate loading cost factor; thus the same OMB
cost factor for Federal government labor is applied in this table above.
The loaded wage rates above were calculated by multiplying the BLS
unloaded wage rates by 1.4845, which represents addition of two cost
factors (i.e., civilian position full fringe benefit cost factor of
36.45%, plus 12% overhead cost factor) from Figure C1 of OMB Circular
A-76 to be used to reflect the full cost of government employees:   
HYPERLINK
"http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.h
tml" 
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml .



(2)	Capital Costs

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  For this ICR, EPA estimates that respondents will incur
capital costs associated with the purchase of file storage systems for
maintaining LDR records, including applications, reports, notifications,
certifications, LDR waste determinations, and waste analysis plans, as
applicable.  EPA realizes that respondents will likely use different and
various file storage systems (e.g., file cabinets, CD-ROM, off-site
storage) and store their files on different media (e.g., paper,
microfiche, electronic files).  For purposes of estimating these capital
costs across all facilities, EPA has made the conservative assumption
that every respondent will store their files in paper form in file
cabinets.

EPA took the following steps to derive the annual capital costs
associated with the purchase of file cabinets:

Estimate the total annual volume of LDR records required to be retained
by all waste handlers.  Under the LDR program, hazardous waste handlers
must keep LDR records for a period of three years.  Thus, at any given
time during the effective period of this ICR, the hazardous waste
industry is keeping copies of three years’ worth of LDR records. 
Based on the assumptions presented in Section 6(d) of this document, EPA
estimates that waste handlers (i.e., generators, treaters, and
disposers) will need to keep copies of approximately 2,085,168 pieces of
paper annually.  [Based on its best judgment, EPA estimates that the
average application consists of 50 pages, the average documentation on
LDR waste determinations consists of five pages, and the average LDR
notification and certification consists of one page.  Further based on
the EPA publication, Waste Analysis at Facilities That Generate, Treat
and Store, and Dispose of Hazardous Waste (OSWER 9938.4-03), EPA
estimates that the typical generator’s waste analysis plan consists of
25 pages.]

Ascertain the annual number of standard-size file cabinets that would
provide the needed capacity for the industry, collectively, and estimate
annual cost.  EPA estimates that a standard-size, five-drawer, lateral
file cabinet holds approximately 16,000 documents.  Thus, for storing
2,085,168 pieces of paper, waste handlers would need 130 file cabinets
(i.e., 2,085,168 / 16,000) each year.  These 130 file cabinets represent
the total capacity needed by the industry, collectively, to store all of
its LDR records.  EPA estimates that the cost of one file cabinet is
$699.99, and for all 130 file cabinets is $128,798.  

Annualize the aggregate cost of standard-size file cabinets.  EPA
annualized the aggregate cost of $128,798 over three years at a seven
percent annual discount rate.

In total, EPA estimates an annual capital cost of $49,079 for the 130
file cabinets needed by the hazardous waste industry, under the LDR
program.  This cost is shown in Exhibit 8.

(3)	Operation and Maintenance Costs

O&M costs are those costs associated with a paperwork requirement
incurred continually over the life of the ICR.  They are defined by the
Paperwork Reduction Act of 1995 as “the recurring dollar amount of
costs associated with O&M or purchasing services.”  For this ICR, O&M
costs include:

Mailing costs:  EPA estimates that respondents will incur a cost of
$0.45 to mail a one-ounce package ($0.41 for postage and $0.04 for
standard-size envelope).  EPA also estimates that respondents will incur
a cost of $4.19 for mailing a larger package (i.e., a five-ounce
package) by certified mail ($1.48 for postage, $2.65 for the
certified-mail fee, and $0.12 for a manila envelope).  

Photocopying costs:  EPA estimates that respondents will incur a cost of
$0.11 for each photocopy they make. 

Waste analysis costs:  EPA estimates that each generator testing his/her
waste will incur a cost of $2,048 per year in commercial laboratory
testing costs.  These costs were obtained from the previously approved
LDR ICR (i.e., EPA ICR Number 1442.17) and updated to 2007 levels using
a Consumer Price Index developed by the U.S. Bureau of Labor Statistics.

These O&M costs are shown in Exhibits 1 through 6 for all applicable
respondent activities. 

6(c)	ESTIMATING AGENCY HOUR AND COST BURDEN tc \l2 "6(c)	ESTIMATING
AGENCY HOUR AND COST BURDEN 

EPA estimates the Agency hour and cost burden associated with all
information collection requirements covered in this ICR in Exhibit 7. 
As shown in the exhibit, EPA estimates an average hourly labor cost of
$83.28 for legal staff, $70.01 for managerial staff, $29.42 for
technical staff, and $23.50 for clerical staff.  

To derive these hourly estimates, EPA referred to the the US Bureau of
Labor Statistics (BLS) Occupational Employment Statistics (OES) for May
2006 at:    HYPERLINK "http://www.bls.gov/oes/current/naics4_999100.htm"
 http://www.bls.gov/oes/current/naics4_999100.htm   The loaded wage
rates above were calculated by multiplying the BLS unloaded wage rates
by 1.4845, which represents addition of two cost factors (i.e., civilian
position full fringe benefit cost factor of 36.45%, plus 12% overhead
cost factor) from Figure C1 of OMB Circular A-76 to be used to reflect
the full cost of government employees:    HYPERLINK
"http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.h
tml" 
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml .

6(d)	RESPONDENT UNIVERSE AND TOTAL RESPONDENT HOUR AND COST BURDEN tc
\l2 "6(d)	RESPONDENT UNIVERSE AND TOTAL RESPONDENT HOUR AND COST BURDEN 

In estimating the number of respondents and associated waste streams
subject to the LDR program, EPA referred to the Resource Conservation
and Recovery Act Information (RCRAInfo) from the 2005 BRS estimate. 
Based on the above data, EPA estimates that 15,274 LQGs, 178,436 SQGs,
1,536 treatment facilities, and 464 land disposal facilities will be
subject to the information collection requirements at 40 CFR Part 268
during the three-year period covered by this ICR.  The total number of
respondents is 195,710.

Table 1

Annual Number of Respondents Subject to this ICR

Type of Respondent	

Number of Respondents



LQGs a	

15,274



SQGs a	

178,436



Treatment facilities b	

1,536



Land disposal facilities	

464

a  Includes generators that generate but do not manage hazardous waste
on site, as well as generators that both generate and manage hazardous
waste on site (i.e., TSDFs acting as generators).  

b  Includes treatment facilities subject to permit requirements, as well
as treatment facilities exempt from permit requirements.

Following is a discussion of the estimates presented in the Exhibits.

(1)	Treatment Surface Impoundment Exemption (Exhibit 1A &1B) 

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

(2)	Procedures for Case-by-Case Extension (Exhibit 2A & 2B) 

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

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

(3)	Waste Analysis and Recordkeeping (Exhibit 3A & 3B)

(a)	Reading the Regulations - All Waste Handlers

EPA estimates that 15,274 LQGs, 178,436 SQGs, 1,536 treatment
facilities, and 464 land disposal facilities will be subject to waste
analysis and recordkeeping requirements.  Based on its consultations
with industry, EPA expects these facilities to read the applicable LDR
regulations each year.

(b)	Generator Waste Analysis and Recordkeeping

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

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

For purposes of this analysis, EPA estimates that, of the 15,274 LQGs,
approximately 50 percent (i.e., 7,637) will test their waste and the
other 50 percent (i.e., 7,637) will use process knowledge to determine
if their waste is restricted from land disposal.  EPA also estimates
that, of the 178,436 SQGs, 20 percent (i.e., 35,687) will test their
waste and 80 percent (i.e, 142,749) will use process knowledge.  In
total, EPA expects that 43,324 LQGs and SQGs will test their waste and
that 150,386 LQGs and SQGs will use process knowledge. 

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

Section 268.7(a)(2) Notification Requirements

Based on RCRAInfo data, EPA estimates that, annually, 242,449 waste
streams generated by LQGs and SQGs will not meet the existing applicable
treatment standards.  EPA derived this estimate by identifying all waste
streams sent directly to the treatment facilities and assuming these
streams did not meet applicable treatment standards.  Based on industry
consultations, EPA estimates that, each year, five percent of the LQG
and SQG waste streams (i.e., 242,449 x 0.05 = 12,122) will require
completion and delivery of a new or updated one-time notification. 
EPA’s consultations also indicate that, on average, each notification
contains four waste streams.  Thus, the annual number of notifications
prepared and submitted by LQGs and SQGs with waste streams not meeting
the treatment standards is estimated to be 3,031 (i.e., 12,122 / 4 =
3,031).

Section 268.7(a)(3) Notification and Certification Requirements

In reviewing RCRAInfo data on waste shipments meeting the LDR treatment
standards, EPA was unable to distinguish between generator-initiated
shipments versus treater-initiated shipments of wastes meeting the
treatment standards.  Rather, EPA’s query of RCRAInfo resulted in a
single aggregate, annual estimate of all waste streams that meet the
treatment standards (i.e., streams shipped from generators and treaters
collectively).  Because of this, the burden associated with the section
268.7(a)(3) requirement for generators is estimated along with the
268.7(b)(3) and (4) requirements for treaters.  Refer to the subsection
of this ICR entitled, “Treatment Facility Waste Analysis and
Recordkeeping:  Treatment Facility Notifications and Certifications: 
Section 268.7(b)(3)-(4) Notifications and Certification Requirements,”
for a discussion of this burden estimate. 

Section 268.7(a)(4) Notification Requirements

Based on its best judgment, EPA estimates that no generators will submit
a notice, under 40 CFR 268.7(a)(4), for hazardous waste or contaminated
soil subject to an exemption from prohibition on the type of land
disposal method utilized for the waste (e.g., waste under a national
capacity variance).  

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

Based on RCRAInfo data, EPA estimates that 1,494 LQGs treat waste on
site to meet the applicable treatment standards.  EPA derived this
estimate by identifying all LQGs that treated waste on site and were not
subject to RCRA permitting requirements.  Based on its best judgment,
EPA estimates that one percent of these LQGs (i.e., 15 LQGs) will need
to develop and follow a waste analysis plan each year.  In addition, EPA
estimates all 1,494 LQGs will keep the waste analysis plan on site. 
Industry representatives contacted by the Agency believe that no SQGs
treat prohibited waste on site under these conditions.  [This ICR
estimates the burden associated with the section 268.7(a)(5)(iii)
requirement for notices and certifications in “Treatment Facility
Waste Analysis and Recordkeeping:  Treatment Facility Notifications and
Certifications:  Section 268.7(b)(3)-(4) Notifications and Certification
Requirements.”]

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

Section 268.7(a)(6) Generator Recordkeeping Requirements

As discussed, EPA estimates that 43,324 generators will test their waste
and that 150,386 generators will use process knowledge to determine if
the wastes are restricted under Part 268 each year.  These generators
must keep records of their process knowledge determinations or
analytical testing results, as required under section 268.7(a)(6). 

Section 268.7(a)(7) Generator Recordkeeping Requirements

Based on its best judgment, EPA estimates that, each year, 20 facilities
will determine that they are managing a prohibited waste that is
excluded from the definition of hazardous or solid waste or is exempted
from Subtitle C regulation under 40 CFR 261.2 through 261.6 subsequent
to the point of generation.  These facilities are expected to place a
one-time notice in their on-site files.

Section 268.7(a)(8) Generator Recordkeeping Requirements

Under 40 CFR 268.7(a)(8), generators are required to keep copies of all
documentation produced pursuant to section 268.7(a) for at least three
years.  Thus, EPA estimates that generators will keep on site 8,458
notifications each year (i.e., 2,278 notifications for waste streams
that do not meet treatment standards + 6,180 notifications for lab pack
waste streams = 8,458). 

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

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

Based on RCRAInfo data, EPA estimates that 92,695 lab pack waste streams
are generated by LQGs and SQGs annually.  EPA assumes that all
generators producing these waste streams will wish to use the alternate
treatment standards under 40 CFR 268.42(c).  Pursuant to section
268.7(a)(9), with the initial shipment, these generators must send a
notice and certification to the treatment facility.  Generators must
also send a new notification and certification if the waste or receiving
facility changes.  

Based on industry consultations, EPA believes that the contents of lab
pack shipments normally vary from shipment to shipment.  Because of
this, EPA estimates that each lab pack shipment requires completion and
transmittal of a new or updated notification.  EPA’s consultations
also indicate that, on average, each notification contains 15 waste
streams.  Thus, the annual number of notifications and certifications
prepared and submitted by LQGs and SQGs for lab packs is estimated to be
6,180 (i.e., 92,695 / 15 = 6,180).

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

EPA estimates that there are approximately 20,000 SQGs with tolling
agreements.  As required under section 268.7(a)(10), SQGs with a tolling
agreement pursuant to 40 CFR 262.20(e) are required to comply with the
applicable notification and certification requirements of section
268.7(a) for the initial shipment of waste subject to the agreement. 
This information collection requirement and associated burden hours are
contained in the sections of this ICR entitled “Generator Waste
Analysis and Recordkeeping:  Generator Notification and Certification
Requirements (Section 268.7(a)(2)-(4))” and “Generator Waste
Analysis and Recordkeeping: Generator Recordkeeping Requirements
(Section 268.7(a)(6)-(8)).”  

(c)	Treatment Facility Waste Analysis and Recordkeeping

Treatment Facility Notifications and Certifications

Section 268.7(b)(3)-(4) Notifications and Certification Requirements

Based on RCRAInfo data, EPA estimates that, each year, 12,773
as-generated wastes and treated wastes/residues meet the LDR treatment
standards and are shipped to disposal facilities.  EPA derived this
estimate by identifying all waste streams sent directly to land disposal
facilities and assuming these streams met applicable treatment
standards.  

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

Based on industry consultations, EPA assumes that, each year, 10 percent
of the waste streams (i.e., 12,773 x 0.10 = 1,277) will require a new or
updated notification and certification because of a change in the waste
stream or the receiving facility.  EPA’s consultations also indicate
that, on average, each notification contains six waste streams.  Thus,
the annual number of notifications and certifications prepared and
submitted for waste streams meeting the treatment standards is estimated
to be 134 (i.e., 1,277 / 6 = 213).

Section 268.7(b)(5) Notification and Certification Requirements

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

Section 268.7(b)(6) Notification and Certification Requirements

Based on RCRAInfo data, EPA estimates that 989 facilities recycle
hazardous waste each year.  Based on its best judgment, EPA estimates
that five percent of these facilities (i.e., 49 recyclers) will ship
recyclable materials that will be used in a manner that constitutes
disposal under 40 CFR 266.20.  These recyclers are expected to transmit
a notice and certification to EPA with each shipment in accordance with
section 268.7(b)(6).  EPA estimates that, on average, each of the 49
recyclers will perform this task 75 times per year, or 3,675 (i.e., 49 x
75 = 3,675) submittals in total.  

In addition, these 49 recyclers are expected to keep records of the name
and location of each entity receiving the hazardous waste-derived
product.

(d)	Land Disposal Facility Waste Analysis and Recordkeeping

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

(e)	Hazardous Debris Requirements

Based on industry consultations, EPA estimates that, each year, a tenth
of one percent of LQGs treating waste on site (i.e., 1,494 x 0.001 = 2
LQGs) and a tenth of one percent of treatment facilities (i.e., 1,536 x
0.001 = 2 treatment facilities) will claim that their hazardous debris
is excluded from the definition of hazardous waste under section
261.3(f) (i.e., debris treated by a specified extraction or destruction
technology).  Section 268.7(d)(1) requires these four facilities (i.e.,
2 LQGs + 2 treatment facilities = 4 facilities) to submit a one-time
notification when claiming the exclusion.  

In addition, based on industry consultations, EPA estimates that one
percent of LQGs treating waste on site (i.e., 1,494 x 0.01 = 15 LQGs)
and one percent of treatment facilities (i.e., 1,536 x 0.01 = 15
treatment facilities) have claimed that their hazardous debris is
excluded from the definition of hazardous waste under section 261.3(f). 
EPA’s consultations also indicate that, each year, a tenth of one
percent of these 30 facilities (i.e., 30  x 0.001 = 0 facilities) will
need to update their notifications because:  (1) a different type of
debris is treated, (2) a different treatment technology is employed, or
(3) the treater ships the excluded waste to a different Subtitle D
facility.   

 

EPA acknowledges that all 34 facilities (i.e., 4 + 30 = 34) operating
under the exclusion will have to maintain the records required in 40 CFR
268.7(d)(3) and that information will have to be recorded more
frequently than once per year.  The Agency has taken the frequency of
activities into account in formulating its estimates of the number of
hours taken for each activity.  EPA expects that inspections,
evaluations, and analyses of treated debris will be recorded four times
per year (i.e., 34 x 4 = 136).  EPA expects that treatment data will be
recorded quarterly (i.e., 34 x 4 = 136).  EPA expects that
certifications of compliance for shipments will be recorded and placed
on the facility’s files monthly (i.e., 34 x 12 = 408).

(f)	Contaminated Soil Requirements

Based on its best judgment, EPA estimates that, each year, one percent
of LQGs (i.e., 15,274 x 0.01 = 153 LQGs) and one percent of SQGs (i.e.,
178,436 x 0.01 = 1,784 SQGs) will determine that a contaminated soil
subject to LDRs no longer contains a listed hazardous waste or exhibits
a characteristic of hazardous waste and therefore, comply with 40 CFR
268.7(e).  These 1,937 generators (i.e., 153 + 1,784 = 1,937) are
expected to prepare and maintain documentation of these determinations,
including all supporting documentation.

(g)	Special Rules for Characteristic Wastes

EPA queried RCRAInfo to estimate that 1,494 generators (i.e., LQGs) are
treating their hazardous waste on site in 90-day units.  Based on
industry consultations, EPA estimates that, each year, 10 percent of
these LQGs (i.e., 1,494 x 0.10 = 149 LQGs) will de-characterize their
waste and prepare, submit, and maintain an initial notification and
certification under section 268.9(d).  On the other hand, industry
representatives contacted by the Agency believe that treatment
facilities generally have been in existence for some time and have
already submitted their initial notification and certification.  Hence,
this ICR assumes no treatment facilities will submit an initial notice
and certification under this requirement during the period covered by
this ICR.  In total, EPA estimates that, each year, a total of 149
facilities (i.e., 149 LQGs + 0 treatment facilities = 149 facilities)
will prepare, submit, and maintain initial one-time notifications and
certifications.

Based on industry consultations, EPA estimates that, each year, 10
percent of LQGs treating waste on site in 90-day units (i.e., 1,494 x
0.10 = 149 LQGs) and 10 percent of treatment facilities (i.e., 1,536 x
0.10 = 154 treatment facilities) will need to update their notification
and certifications because of a change in the waste or the receiving
facility.  In total, EPA estimates that, each year, a total of 303
facilities (i.e., 149 LQGs + 154 treatment facilities = 303 facilities)
will prepare, submit, and maintain updated notifications.

(4)	Demonstration for Alternative Treatment Technology (Exhibit 4A & 4B)

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

(5)	Demonstration for a Variance from a Treatment Standard (Exhibit 5A
& 5B)

(a)	Reading the Regulations

Based on its best judgment, EPA estimates that, each year, ten
facilities will seek a variance from a treatment standard.  These
facilities are expected to read the regulations at 40 CFR 268.44. 

(b)	Demonstration for a Variance from a Treatment Standard

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

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

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

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

(6)	Recordkeeping for Storage Prohibition (Exhibit 6A & 6B)

(a)	Reading the Regulations

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

(b)	Recordkeeping for Storage Prohibition

EPA expects that the 140 TSDFs will develop and keep records of the
contents of storage units, quantity of each hazardous waste received,
and the date that accumulation begins for each tank and container, as
applicable.  EPA estimates that each of these 140 TSDFs will perform
these tasks four times per year, or 560 times (i.e., 140 x 4 = 560).

	6(e)	Bottom Line Burden Hours and Costs

	Exhibits 8A and 8B show the aggregate annual burden and cost to both
private and State respondents for all information collection
requirements covered in this ICR. Table 2 below summarizes the annual
hour and cost burden, which can be found in these two exhibits, as well
as the number of respondents, which can be found in Table 1 above. 
Exhibit 9 shows the aggregate annual burden and cost to the Federal
government for all information collection requirements covered in this
ICR. The bottom line hourly burden for the Federal government is 5,610
hours.  The bottom line cost burden for the Federal government is
$180,016 per year.



Table 2

Bottom Line Annual Hour and Cost Burden

	Number of Respondents	Total Annual Hour Burden	Total Annual Labor Cost
Total Annual Capital/Startup Costs	Total Annual O&M Costs	Total Annual
Cost



Private

	

188,181	

1,121,176	

$41,690,382	

$49,079	

$85,299,678	

$127,039,139



State

	

7,529	

45,161	

$1,441,442	

$1,867	

$3,431,338	

$4,874,647



Total

	

195,710	

1,166,337	

$43,131,824	

$50,946	

$88,731,016	

$131,913,786



6(f)	Reasons for Change in Burden

	The total annual hour burden in this ICR increased by 343,343 hours,
from 822,994hours to 1,166,337 hours.  The total cost of this ICR
increased by approximately $21,374,742, from $110,539,044 to
$131,913,786.  This increase is due to the increase in the number of
respondents, from 129,584 to 195,710.  Particularly, the number of small
quantity generators increased because a better method for counting them
was used this time.  The number of land disposal facilities also
increased from 131, which came from the 2001 BRS estimate, to 464, which
came from the 2005 BRS estimate from RCRAInfo.  Consultations with
industry confirmed that the number of land disposal facilities has
increased over the last 4 to 5 years.

6(g)	Burden Statement

The annual reporting burden for this ICR is roughly 85.3 hours per
response.  The annual recordkeeping burden for this ICR is roughly 5.96
hours per response.

Burden means the total time, effort, and financial resources expended by
persons to generate, maintain, retain, disclose, or provide information
to or for a federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA’s regulations are listed in 40 CFR
Part 9 and 48 CFR Chapter 15.  

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-RCRA-2007-0022, which is available for online viewing at
www.regulations.gov, or in person viewing at the RCRA Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW,
Washington, DC.  The EPA/DC Public Reading Room is open from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is (202)566-1744, and the
telephone number for RCRA Docket is (202)566-0270.  

Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically.  Once in the system, select
“search,” then key in the docket ID number identified in this
document.  

 

 









 

 

 





 

 

   Note that 40 CFR 268.7(d) references the provisions of 40 CFR
261.3(e).  However, section 268.7(d) should reference section 261.3(f),
rather than section 261.3(e).  

   Based on an OMB-approved discount rate of seven percent (OMB
Circular A-94) and a required three-year retention period for LDR
records.

   Based on the supporting statement entitled, “Modifications of the
Hazardous Waste Manifest System,” EPA ICR Number 801.

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