SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1189.20

IDENTIFICATION, LISTING AND RULEMAKING PETITIONS (RENEWAL)

December 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)	SHORT CHARACTERIZATION	1

2.	NEED FOR AND USE OF THE COLLECTION	5

2(a)	NEED AND AUTHORITY FOR THE COLLECTION	5

2(b)	PRACTICAL UTILITY AND USERS OF THE DATA	9

3. 	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	11

3(a)	NONDUPLICATION	11

3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSIONS TO OMB	11

3(c)	CONSULTATIONS	11

3(d)	EFFECTS OF LESS FREQUENT COLLECTION	12

3(e)	GENERAL GUIDELINES	12

3(f)	CONFIDENTIALITY	12

3(g)	SENSITIVE QUESTIONS	12

4.	THE RESPONDENTS AND THE INFORMATION COLLECTED	13

4(a)	RESPONDENTS AND NAICS CODES	13

4(b)	INFORMATION REQUESTED	17

5. 	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	51

5(a)	AGENCY ACTIVITIES	51

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT	54

5(c)	SMALL ENTITY FLEXIBILITY	54

5(d)	COLLECTION SCHEDULE	55

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	58

6(a)	ESTIMATING RESPONDENT BURDEN	58

6(b)	ESTIMATING RESPONDENT COSTS	58

6(c)	ESTIMATING AGENCY BURDEN AND COST	59

6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST	59

6(e)	BOTTOM LINE BURDEN HOURS AND COSTS	80

6(f)	REASONS FOR CHANGE IN BURDEN	80

6(g)	BURDEN STATEMENT	81

 

ATTACHMENT - BURDEN ESTIMATE METHODOLOGY
……...…………………………83	TABLE OF EXHIBITS

EXHIBIT 1 - 	READING THE REGULATIONS-ANNUAL ESTIMATED RESPONDENT
BURDEN AND COST	64

EXHIBIT 2 - 	RULEMAKING PETITIONS-ANNUAL ESTIMATED RESPONDENT BURDEN
AND COST	65

EXHIBIT 3 - 	SOLID WASTE AND BOILER VARIANCE REQUIREMENTS- ANNUAL
ESTIMATED RESPONDENT BURDEN AND COST	67

EXHIBIT 4 - 	EXCLUSIONS FROM THE DEFINITION OF HAZARDOUS WASTE- ANNUAL
ESTIMATED RESPONDENT BURDEN AND COST	70

EXHIBIT 5 - 	HAZARDOUS WASTE LISTING EXEMPTIONS- ANNUAL ESTIMATED
RESPONDENT BURDEN AND COST	73

EXHIBIT 6 - 	TOTAL ANNUAL ESTIMATED RESPONDENT BURDEN	76

EXHIBIT 7 - 	ANNUAL ESTIMATED AGENCY BURDEN AND COST	77

EXHIBIT 8 - 	AVERAGE RESPONDENT BURDEN	81

	1.	IDENTIFICATION OF THE INFORMATION COLLECTION

 tc \l2 "1.	IDENTIFICATION OF THE INFORMATION COLLECTION 

1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION

 tc \l3 "1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION 	

 tc \l3 " 	This information collection request (ICR) is entitled
"Identification, Listing, and Rulemaking Petitions (Renewal)," ICR
#1189.20.

1(b)	SHORT CHARACTERIZATION

 tc \l3 "1(b)	SHORT CHARACTERIZATION 

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

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

In preparing this ICR, EPA consolidated four previously approved ICRs as
described in the following.  The ICR entitled, “Identification,
Listing and Rulemaking Petitions,” ICR #1189.14, was the previously
approved “base” ICR for the Parts 260 and 261 paperwork
requirements.  The ICR entitled, “Hazardous Waste Listing for Organic
Dyes and/or Pigments Production Wastes,” ICR #1189.15, was a new ICR. 
The ICR entitled, “Recycling of Cathode Ray Tubes (CRTs): Changes to
Hazardous Waste Regulations,” ICR #1189.16, was a new ICR.  The ICR
entitled, “Revision of RCRA Wastewater Treatment Exclusions for
Hazardous Waste Mixtures,” ICR #1189.17, was an amendment ICR.   This
current ICR (#1189.20) replaces these four ICRs and therefore becomes
the new “base” ICR for the Parts 260 and 261 paperwork requirements.


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

RULEMAKING PETITIONS



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

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

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

HAZARDOUS WASTE EXCLUSIONS

Sections 261.3 and 261.4 contain provisions that allow generators to
obtain a solid or hazardous waste exclusion for certain types of wastes.
 Facilities applying for these exclusions must either submit supporting
information or keep detailed records.  

Under section 261.3(a)(2)(iv), generators may obtain a hazardous waste
exclusion for wastewater mixtures subject to Clean Water Act regulation.
 In 2005, EPA revised the Wastewater Treatment Exemptions for Hazardous
Waste Mixtures, also known as the "Headworks Rule" under 40 CFR
261.3(a)(2)(iv) (A), (B), (D), (F), or (G).  This Headworks Exclusion
final rule (70 FR 57769, October 4, 2005) added benzene and
2-ethoxyethanol to the existing list of solvents that are eligible for
the exemptions.  The scrubber waters derived-from the combustion of any
of the exempted solvents also are included in the exemption.  In
addition, this rule added an option to allow generators to directly
measure solvent chemical levels at the headworks of the wastewater
treatment system to determine whether the wastewater mixture is exempt
from the definition of hazardous waste.  Finally, this rule extended the
eligibility for the de minimis exemption to other listed hazardous
wastes (beyond discarded commercial chemical products) and to
non-manufacturing facilities.

Under section 261.3(c)(2)(ii)(C), generators may obtain an exclusion for
certain nonwastewater residues resulting from high metals recovery
processing (HTMR) of K061, K062, and F006 waste.  

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

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

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

In 2006, EPA amended the RCRA hazardous waste regulations by
establishing a conditional exclusion for used cathode ray tubes (CRTs)
under 40 CFR 261.39, 261.40 and 261.41, to encourage greater reuse,
recycling, and better management of this growing waste stream (see 71 FR
42928; July 28, 2006).  Under this conditional exclusion, used CRTs and
glass removed from CRTs sent for recycling or reuse are excluded from
the definition of solid waste, if they meet specified conditions. 

HAZARDOUS WASTE LISTING EXEMPTION

In 1990, EPA promulgated regulations under 40 CFR 261.31(b)(2)(ii)
governing procedures and informational requirements for generators and
treatment, storage and disposal facilities proving their sludges are
exempt from listing as F037 and F038 wastes.  Sections 261.35 (b) and
(c), which were also promulgated in 1990, govern procedures and
informational requirements for the cleaning or replacement of all
process equipment that may have come into contact with chlorophenolic
formulations or constituents thereof, including, but not limited to,
treatment cylinders, sumps, tanks, piping systems, drip pads, fork
lifts, and trams.

In 1990, EPA promulgated (and amended in 1991 and 2005) regulations in
40 CFR 261.35 exempting wastes from wood preserving processes at plants
that do not resume or initiate use of chlorophenolic preservatives from
being listed as F032 wastes once the generator has met the established
requirements.

In 2005, EPA promulgated a mass loadings-based hazardous waste listing
(i.e., K181) for certain organic dyes and/or pigments manufacturing
wastes in 40 CFR section 261.32 (see 70 FR 9138, February 24, 2005). 
Under this listing approach, these wastes are hazardous if they contain
any of seven specific constituents of concern (CoCs) at annual mass
loading levels that meet or exceed the specified regulatory levels.  If
generators determine that their wastes are below regulatory levels for
all CoCs, then their wastes are nonhazardous.  If their wastes meet or
exceed the regulatory levels for any of the CoCs, the wastes must be
managed as K181 hazardous wastes unless they are: (i) disposed in a
Subtitle D landfill unit subject to the design criteria in §258.40,
(ii) disposed in a Subtitle C landfill unit subject to either §264.301
or §265.301, (iii) disposed in other Subtitle D landfill units that
meet the design criteria in §258.40, §264.301, or §265.301, or (iv)
treated in a combustion unit that is permitted under Subtitle C, or an
onsite combustion unit that is permitted under the Clean Air Act. 

2.	NEED FOR AND USE OF THE COLLECTION

 tc \l2 "2.	NEED FOR AND USE OF THE COLLECTION 

2(a)	NEED AND AUTHORITY FOR THE COLLECTION

 tc \l3 "2(a)	NEED AND AUTHORITY FOR THE COLLECTION 

EPA promulgated the provisions for identification, listing, and
rulemaking petitions under the authority of Subtitle C of RCRA.

RULEMAKING PETITIONS

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

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

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

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

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

Section 260.33 requires persons requesting variances for classification
as a boiler (for enclosed devices using controlled flame combustion) to
submit demonstrations that address the relevant criteria detailed in
section 260.32.  EPA needs this information to evaluate the
compatibility of the proposed device to classification as a boiler. 
Because boilers may be used to treat hazardous wastes (boilers that
treat hazardous wastes are subject to substantive requirements in 40 CFR
Part 266), the specific petition informational requirements aid in
realizing EPA's goal of insuring that only properly designed hazardous
waste treatment units are in operation.

HAZARDOUS WASTE EXCLUSIONS

Sections 261.3(a)(2)(iv) and 261.3(c)(2)(ii)(C) require facilities to
prepare and submit materials in support of a wastewater or nonwastewater
exemption, respectively.  EPA needs to collect this information to
ensure that facilities qualify for the exemption and can manage these
wastes in a manner protective of human health and the environment.

	Under the revised headworks exclusion (see 70 FR 57769, October 4,
2005), facilities may choose to comply with certain of the exemptions at
261.3(a)(2)(iv) by directly measuring solvent chemical concentration
levels at the headworks of the wastewater treatment system.  Facilities
choosing direct monitoring must develop and follow a sampling and
analysis plan that meets the weekly average standards set for the
appropriate wastes.  The sampling and analysis plan must include the
monitoring point location (headworks), the sampling frequency and
methodology, and a list of constituents to be monitored.  Facilities
must submit a copy of the sampling plan to the appropriate regulatory
authority.  Prior to commencement of direct monitoring, the facility
must confirm that the plan has been received by the overseeing agency
(e.g., by certified mail return receipt).  Upon confirmation that the
plan has been delivered successfully, the facility will be allowed to
commence direct monitoring to demonstrate compliance.  Facilities are
required to keep a copy of their sampling plan on-site.  EPA is not
requiring any other formal notification to the agency, unless a change
in the facility’s operations mandates a change in its monitoring.

	Under the revised headworks exclusion at Section 261.3(a)(2)(iv)(D),
all manufacturing facilities claiming a de minimis loss of F- or
K-listed wastes and all non-manufacturing facilities claiming a de
minimis loss of any listed hazardous waste must include in their Clean
Water Act (CWA) permit application (or for indirect dischargers to
publicly owned treatment works (POTWs), the submission to their
pretreatment control authority) a list of the Appendix VII hazardous
constituents and the land disposal restrictions (LDR) constituents
associated with each listed waste.  In addition, facilities are required
to keep a copy of the CWA permit application or POTW submission on site
to demonstrate to inspectors that the permit writer or control authority
was notified of the possible de minimis releases of hazardous
constituents. 

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

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

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

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

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

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

Section 261.4(f) requires testing facilities conducting treatability
studies to comply with a number of informational requirement provisions.
 EPA needs the information in sections 261.1 (e) and (f) to document
that only the legitimate users of treatability samples obtain relief
from comprehensive hazardous waste regulation.  By requiring
treatability study sample generators, collectors, and testing facilities
to comply with alternate provisions, EPA promotes the development and
research of new, less expensive, and more environmentally benign
treatment technologies.  These new technologies, in turn, will aid in
the reduction of environmental contamination and safeguard human health
and the environment. 

	Section 261.39(a)(2) requires generators of used CRTs destined for
recycling to label or mark clearly each container in which used, broken
CRTs are contained with one of the following phrases:  “Used cathode
ray tube(s) - contains leaded glass” or “Used cathode ray tube(s) -
contains leaded glass from televisions or computers.”  Generators also
must label each container with the words:  “Do not mix with other
glass materials.”  

Section 261.39(a)(5) requires exporters of used, broken CRTs to provide
written notification to EPA of an intended export before the CRTs are
scheduled to leave the U.S.  Upon request by EPA, the exporter must
furnish to EPA any additional information that a receiving country
requests in order to respond to a notification.  Exporters must keep
copies of notifications and consents for a period of three years
following receipt of the consent.  In addition, section 261.40 requires
exporters of used, intact CRTs destined for recycling to meet the
conditions of section 261.39(a)(5).

Section 261.41 requires exporters of used, intact CRTs for reuse to send
a one-time notification to EPA.  In addition, they must keep copies of
normal business records (e.g., contracts) demonstrating that each
shipment of exported CRTs will be reused.  This documentation must be
retained for a period of at least three years from the date the CRTs
were exported.

HAZARDOUS WASTE LISTING EXEMPTIONS

Section 261.31(b)(2)(ii) requires generators and treatment, storage and
disposal facilities to prove that their sludges are exempt from listing
as F037 and F038 wastes.  These persons must maintain in their operating
or other on-site records, documents and data sufficient to prove that:
(A) the unit is an aggressive biological treatment unit as defined in
this subsection; and (B) the sludges sought to be exempted from the
definitions of F037 and/or F038 were actually generated in the
aggressive biological treatment unit.  EPA needs this information to
document these legitimate activities and to ensure proper handling and
management. 

Section 261.32(d) establishes the procedures for demonstrating that
organic dyes and/or pigment production nonwastewaters are not K181. 
Section 261.32(d)(1) allows generators that have knowledge that their
waste contains none of the K181 constituents identified in section
261.32(c) can use their knowledge to determine that their waste is not
K181.  Generators must keep documentation supporting this annual
determination on site for three years.

  

Section 261.32(d)(2) allows generators to use knowledge of their wastes
to conclude that mass loadings for the K181 constituents are below the
listing levels, if the total annual generation quantity of organic dyes
and/or pigments production nonwastewaters is 1,000 metric tons or less.
To make this determination, generators must document that the annual
quantity of nonwastewaters expected to be generated is 1,000 metric tons
or less, track the actual quantity of nonwastewaters generated over the
course of the calendar year, keep a running total of the K181
constituent mass loadings over the course of the calendar year, and keep
specified records on site for three years. 

Section 261.32(d)(3) requires generators with a total annual generation
quantity of organic dyes and/or pigments production nonwastewaters
greater than 1,000 metric tons to comply with the testing requirements
to make a determination that their wastes are not K181.  These
generators must develop and follow a waste sampling and analysis plan
(or modify an existing plan) to collect and analyze representative waste
samples for the K181 constituents reasonably expected to be present in
the wastes based on knowledge of the wastes.  In addition, generators
must record the analytical results, record the waste quantity
represented by the sampling and analysis results, calculate
constituent-specific mass loadings, keep a running total of the K181
constituent mass loadings over the course of the calendar year, and
determine whether the mass of any of the K181 constituents is below the
K181 listing levels.  Generators must keep specified documentation on
site for three years.

Section 261.32(d)(4) for the K181 landfill disposal and combustion
exemptions requires generators to maintain on site for three years
documentation demonstrating that each shipment of waste was received by
a landfill unit subject to or meets the landfill design standards set
out in the listing description, or was treated in a combustion unit as
specified in the listing description.

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

2(b)	PRACTICAL UTILITY AND USERS OF THE DATA

 tc \l3 "2(b)	PRACTICAL UTILITY AND USERS OF THE DATA 

RULEMAKING PETITIONS

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

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

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

HAZARDOUS WASTE EXCLUSIONS

EPA uses the various information required under sections 261.3, 261.4,
261.39(a) and 261.41 to ensure that hazardous waste exclusions and
exemptions are granted only under certain protective conditions.

HAZARDOUS WASTE LISTING EXEMPTIONS

EPA uses the information maintained under sections 261.31(b)(2)(ii),
261.32(d) and 261.35(b) and (c) to substantiate and confirm the proper
handling and management of these materials according to prescribed
conditions.

3. 	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

 tc \l2 "3. 	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION
CRITERIA 

3(a)	NONDUPLICATION

 tc \l3 "3(a)	NONDUPLICATION 

None of the information required by the regulations covered in this ICR
is available from any source but the respondents.  None of the
regulations are duplicative of any other EPA regulations.

3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSIONS TO OMB

 tc \l3 "3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSIONS TO OMB 

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
the Agency issued a notice in the Federal Register on September 7, 2007,
soliciting public comments on the accuracy of the burden estimates in
this supporting statement (72 FR 51439).  No comments were received.

3(c)	CONSULTATIONS

 tc \l3 "3(c)	CONSULTATIONS 

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

–	Edward Hammerberg, Maryland Department of the Environment
(410-537-3356)

–	Shih Chang, New Jersey Department of Environmental Protection
(609-292-8341)

–	Ed Lim, Ohio Environmental Protection Agency (614-644-2824)

–	Yan Li, Rhode Island Department of Environmental Management
(401-222-2797)

–	Renee Hudson Goodley (404-657-8828), Jim McNamara (404-657-8620) and
Jim Brown (404-656-7802), Georgia Environmental Protection Division

–	Dave Berrey (317-308-3341) and Victor Windle (317-232-3242), Indiana
Deptment of Environmental Management 

–	Larry Merritt, Ford Motor Company (313-322-5548)

–	William Miller, General Motors (931-486-7471)

–	Glenn Sabadosa, Bayer Polymers/Bayer Material Science (281-283-6454)

3(d)	EFFECTS OF LESS FREQUENT COLLECTION

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

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

3(e)	GENERAL GUIDELINES

 tc \l3 "3(e)	GENERAL GUIDELINES 

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

3(f)	CONFIDENTIALITY

 tc \l3 "3(f)	CONFIDENTIALITY 

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

3(g)	SENSITIVE QUESTIONS

 tc \l3 "3(g)	SENSITIVE QUESTIONS 

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

4.	THE RESPONDENTS AND THE INFORMATION COLLECTED

 tc \l2 "4.	THE RESPONDENTS AND THE INFORMATION COLLECTED 

4(a)	RESPONDENTS AND NAICS CODES

 tc \l3 "4(a)	RESPONDENTS AND NAICS CODES 

Table 1 presents a list of the North American Industry Classification
System (NAICS) codes associated with industries most likely affected by
the information collection requirements covered under this ICR.

Table 1

List of NAICS Codes

Description	NAICS Code

From ICR #1189.14 - the 2004 “Base” ICR:

Lumber and Wood Products Manufacturing	321

Chemical Manufacturing	325

Petroleum and Coal Products Manufacturing	324

Plastics and Rubber Product Manufacturing	326

Primary Metal Industries	331

Fabricated Metal Products	332

Industrial and Commercial Machinery and Computer Equipment	333

334

Computer Equipment	334

Transportation Equipment	336

Business Services	541

Educational Services	611

Scientific Research and Development Services	5417

Environmental Services	924

Nonclassifiable Establishments	N/A

Fertilizer Manufacturing	32532

Zinc Sulfide Manufacturing	32531

Iron and Steel Mills	331111

Zinc Refining, Primary	331419

Zinc Dust Reclaiming	331492

Hazardous Waste Collection	562112

From ICR# 1189.15 – Hazardous Waste Listing for Organic Dyes and
Pigments Production Wastes:

Flavoring Extracts and Flavoring Syrups Manufacturing 		311930

Food Preparations Manufacturing	311942

Industrial Gases Manufacturing		32512 

Industrial Inorganic Chemicals Manufacturing	32518, 331311

Biological Products Manufacturing (Except Diagnostic Substances)	325414 

Synthetic Organic Dyes and Pigments Manufacturing		32511, 325132, 325192

Industrial Organic Chemicals Manufacturing	325199

Pesticides and Agricultural Chemicals Manufacturing	32532 

Solid Waste Landfills and Disposal Sites, Nonhazardous	562212

Chemicals and Allied Products (Wholesale trade)	42269

From ICR #1189.16 - Recycling of Used CRTs:

Agricultural crop production	111

Agricultural livestock production	112

Agricultural services	115, 311, 541, 561, 812

Forestry	111, 113, 115

Fishing, hunting, trapping	111, 112, 114

MINING	MINING

Metal mining	212, 213

Coal mining	212, 213

Oil & gas extraction	211, 213

Non-metallic minerals, except fuels	212, 213

CONSTRUCTION	CONSTRUCTION

General contractors	233-235

Heavy construction	233-235

Special trade contractors	233-235

MANUFACTURING 	MANUFACTURING 

Food & kindred products	111, 311, 312

Tobacco products	312

Textile mill products	313-315

Apparel & other textile products	313-315, 336, 339

Lumber & wood products	113, 321, 333

Furniture & fixtures	336, 337, 339

Paper & allied products	322, 326

Printing & publishing	323, 511, 512

Chemicals & allied products	211, 311, 325, 331

Petroleum and coal products	324

Rubber & miscellaneous plastics products	316, 325, 326, 337, 339

Leather & leather products	315, 316, 321

Stone, clay, and glass products	212, 327

Primary metal industries	331

Fabricated metal products	332, 337, 339

Industrial machinery & equipment	331-335, 339

Electronic & other electronic equipment	332-336, 512

Transportation equipment	332, 333, 336, 488, 541, 811

Instrument & related products	322, 325, 333, 334, 339

Miscellaneous manufacturing	325, 336, 339, 488

TRANSPORTATION	TRANSPORTATION

Local & inter-urban passenger transit	485, 487

Trucking & warehousing	493, 484, 488, 492, 531

U.S. postal service	491

Water transportation	483, 487, 488, 532

Transportation by air	481, 488, 492, 561, 621

Pipelines, except natural gases	486

Transportation services	488, 532, 561, 722

Communication	513

Electronic, gas, & sanitary services	221,  488, 562

WHOLESALE TRADE	WHOLESALE TRADE

Wholesale trade-durable goods	421, 441-444, 446, 453

Wholesale trade-nondurable goods	312, 313, 422, 444, 451, 454

Bldg. materials & garden supplies	444, 453

RETAIL TRADE			RETAIL TRADE		

General merchandise store	452

Food stores	311, 445, 447, 722

Auto dealers & service station	441, 447, 452

Apparel & accessory stores	315, 448

Furniture & home furnishing stores	337, 442, 451

Eating & drinking places	722

Miscellaneous retail	339, 443, 445, 446, 448, 451, 453, 454, 522, 722

FINANCE, INSURANCE, AND REAL ESTATE	FINANCE, INSURANCE, AND REAL ESTATE

Depository institution	521, 522

Nondepository institution	522, 523

Security & commodity brokers	523, 525, 533, 551, 813

Insurance carriers	523-525

Insurance agents, brokers, & services	523-525

Real estate	233, 531, 711, 812

Holding & other investment offices	523, 525, 533, 551, 813

SERVICES	SERVICES

Hotels & other lodging places	721

Personal services	512, 532, 561, 611, 811, 812

Business services	234, 313, 314, 323, 325, 334, 421, 443, 491, 511, 512,
514, 522, 532, 541, 561, 562, 711, 811, 812

Auto repair, services, & parking	326, 488, 532, 811, 812

Misc. repair services	115, 235, 335, 442, 443, 451, 488, 561, 562, 711,
811

Motion picture	334, 421, 512, 514, 532, 541, 561, 711

Amusement & recreation services	487, 532, 561, 611, 711, 712, 713

Health services	339, 541, 621

Legal services	541

Educational services	514, 611

Social services	623, 624, 813, 922

Museums, botanical, zoological gardens	712

Membership organization	561, 813, 912

Engineering & management service	233, 234, 541, 561, 611

Private household services	81

Services	512, 541, 711

From ICR#1189.17 - Revised Headworks Exclusion:

Agricultural production – livestock	112

Food & kindred products	311

Textile mill products	313

Lumber & wood products	321

Furniture & fixtures	337

Paper & allied products	322

Chemicals & allied products	325

Petroleum & coal products	324

Rubber & miscellaneous plastics products	326

Leather & leather products	316

Stove, clay, glass & concrete products	327

Primary metal industries	331

Fabricated metal products	332

Industrial machinery & equipment	333

Electrical & electronic equipment	334, 335

Transportation equipment	336

Instruments & related products	3333, 3345

Motor freight transportation & warehousing	493

Airports, flying fields, & airport terminal services	48819, 56172

Transportation services nec	488999

Electric, gas, & sanitary services	221

Wholesale trade - durable goods	421

Wholesale trade - nondurable goods	422

Miscellaneous retail	453998

Dry-cleaning & industrial laundry services	8123

Business services	514, 532, 541, 561

Health services	621, 622, 623

Engineering & management services	712

Executive, legislative & general government	921

Environmental quality & housing	924, 925

National security & international affairs	928



4(b)	INFORMATION REQUESTED

 tc \l3 "4(b)	INFORMATION REQUESTED 

READING AND UNDERSTANDING THE REGULATIONS FOR IDENTIFICATION, LISTING,
AND RULEMAKING PETITIONS

(i)	Data items:

The petitioner must read and understand all of the regulations that
pertain to the identification, listing, and rulemaking petitions. 

(ii)	Respondent activities:

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

RULEMAKING PETITIONS

General Requirements

(i)	Data items:

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

The petitioner's name and address;

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

A description of the proposed action, including, when appropriate, the
proposed regulatory language; and

A statement of the need and justification for the proposed action,
including any supporting tests, studies, or other information. 

(ii)	Respondent activities:

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

Gather information and prepare a statement about the petitioner's
interest in and a description of the proposed action; and

State the need and justification for the proposed action and compile
supporting evidence. 

Equivalent Methods Petitions

(i)	Data items:

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

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

A description of the types of wastes or waste matrices for which the
proposed method may be used;

Comparative results obtained from using the proposed method with those
obtained from using the relevant or corresponding methods prescribed in
40 CFR Parts 261, 264, and 265;

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

A description of the quality control procedures necessary to ensure the
sensitivity, accuracy, and reproducibility of the proposed method; and

Any additional information that the Administrator reasonably may require
to evaluate the petition. 

(ii)	Respondent activities:

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

Describe the proposed method;

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

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

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

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

Describe the quality control procedures necessary to ensure the
sensitivity, accuracy, and reproducibility of the proposed method; and

Provide any additional information requested by the Administrator. 

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

Delisting Petitions

(i)	Data items:

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

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

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

The dates of sampling and testing;

The location of the generating facility;

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

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

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

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

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

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

A description of the tests performed and their results;

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

A signed certification by the petitioner; and

Any additional information the Administrator reasonably may require to
evaluate the petition. 

(ii)	Respondent activities:

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

Provide general information on the laboratory conducting the tests;

Provide detailed information on individuals sampling and testing the
waste samples; 

Provide the dates of sampling and testing;

Provide information on the location of the facility;

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

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

Describe the waste;

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

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

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

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

Describe the tests performed and their results;

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

Certify that the petition is true, accurate, and complete; and

Provide any additional information required by the Administrator. 

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

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS

Variances from Classification as a Solid Waste

(i)    	Data items:

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

Materials that are collected speculatively without sufficient amounts
being recycled;

Materials that are reclaimed and then reused within the original primary
production process in which they were generated; and

Materials which have been reclaimed, but must be reclaimed further
before the materials are completely recovered. 

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

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

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

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

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

The extent to which the material is handled to minimize loss; and

Any additional relevant information. 

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

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

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

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

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

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

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

A description of whether the person who generates the materials also
reclaims it; and

Any additional relevant information. 

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

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

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

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

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

A description of the extent to which the reclaimed materials is handled
to minimize loss; and

Any additional relevant information.

(ii)	Respondent activities:

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

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

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

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

Provide information on the extent to which the material is handled to
minimize loss; and

Provide any additional relevant information. 

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

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

Describe the industry-wide prevalence of the practice;

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

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

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

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

Describe whether the person who generates the material also reclaims it;
and

Provide any additional relevant information. 

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

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

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

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

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

Describe the extent to which the reclaimed material is handled to
minimize loss; and

Provide any additional relevant information. 

Variances from Classification as a Boiler

(i)	Data items:

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

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

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

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

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

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

Any additional relevant information. 

(ii)	Respondent activities:

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

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

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

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

Describe the extent to which exported energy is utilized;

Describe the extent to which the device is in common and customary use
as a 'boiler' functioning primarily to produce steam, heated fluids, or
heated gases; and

Provide any additional relevant information. 

HAZARDOUS WASTE EXCLUSIONS

Sections 261.3 and 261.4 set forth provisions for petitioning EPA (or
the implementing agency) for a hazardous waste exclusion or other
exemption for certain types of waste.  The information collection
requirements associated with these provisions are discussed in turn
below. 

Wastewater Exemption

(i)	Data items:

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

			

(ii)	Respondent activities:

Demonstrate the wastewater exclusion. 

	Revisions to the Headworks Exclusion

A.  Direct Monitoring: Sampling and Analysis Plan

	Under 261.3(a)(2)(iv), facilities choosing direct monitoring must
develop and follow a sampling and analysis plan that meets the weekly
average standards set for the appropriate wastes.  The sampling and
analysis plan must include:

( SEQ AutoList4_0 \* roman \r 2 ii )	Data Items:

The wastewater monitoring point location (i.e., headworks)

The sampling frequency and methodology

List of chemical constituents in wastewater to be monitored.

( SEQ AutoList5_0 \* roman \r 2 ii )	Respondent Activities

Facilities must submit a copy of the sampling plan to the appropriate
regulatory authority.

Prior to commencement of direct monitoring, the facility must confirm
that the plan has been received by the overseeing agency (e.g., by
certified mail return receipt).

Upon confirmation that the plan has been delivered successfully, the
facility will be allowed to commence direct monitoring to demonstrate
compliance.

Facilities will be required to keep a copy of their sampling plan
on-site.

EPA is not requiring any other formal notification to the agency, unless
a change in the facility’s operations mandates a change in its
monitoring.

B.  Facilities Claiming Expanded de minimis Exemption

	Additionally, for all manufacturing facilities claiming a de minimis
loss of F- or K-listed wastes or non-manufacturing facilities claiming a
de minimis loss of wastes listed in 261.31 through 261.33, the CWA
permit application (or for indirect dischargers to POTWs, the submission
to their pretreatment control authority) must list the Appendix VII
hazardous constituents and the LDR constituents associated with the
listed wastes.  In addition, facilities will be required to keep a copy
of the CWA permit application or POTW submission on site.

(i)	Data Items

For facilities choosing to conduct direct monitoring, a sampling and
analysis plan that includes the monitoring point location (headworks),
the sampling frequency and methodology, and a list of constituents to be
monitored.  

For manufacturing facilities claiming a de minimis loss of F- or
K-listed wastes or non-manufacturing facilities claiming a de minimis
loss of wastes listed in 261.31 through 261.33, the CWA permit
application or the submission to a pretreatment control authority must
list the Appendix VII hazardous constituents and the LDR constituents
associated with each listed waste.

Nonwastewater Exemption

(i)	Data items:

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

(ii)	Respondent activities:

Prepare and submit a one-time notification and certification for the
K061, K062, or F006 HTMR residue; and

Maintain the notification and certification in facility files. 

Exclusion for Spent Wood Preserving Solutions and Wastewaters from Wood
Preserving Processes

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

(i)	Data items:

A notification which certifies that the recycling activities will meet
the conditions set forth in section 261.4(a)(9)(iii); and 

A notification of violation and reinstatement.

(ii)	Respondent activities:

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

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

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

Exclusion for Secondary Materials from the Mineral Processing Industry

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

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

The mineral processing materials to be recycled;

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

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

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

Data items:

An application for a site-specific determination.

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

(ii)	Respondent activities:

Facilities generating and recovering mineral processing secondary
materials must:

Prepare and submit application for a determination;

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

Update notification, if needed.

Exclusion for Hazardous Waste Secondary Materials Incorporated into Zinc
Fertilizers

A.  Notification for Generators and Intermediate Handlers

40 CFR 261.4(a)(20)(ii)(A) requires generators and intermediate handlers
of zinc-bearing hazardous waste secondary materials that are to be
incorporated into zinc fertilizers to submit a one-time notification to
the Regional Administrator or State Director. 

(i)	Data Items

The one-time notification must include the following information:

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

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

(ii)	Respondent Activity

Complete and submit the one-time notification.

B.  Record of Shipments for Generators and Intermediate Handlers

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

(i)	Data Items

The shipping records must at a minimum contain the following
information:

Name of the transporter and date of the shipment;

Name and address of the fertilizer manufacturer who received the
excluded material; and

Type and quantity of excluded secondary material in each shipment.

(ii)	Respondent Activity

Keep the following records of shipping activities:		

Name of the transporter and date of the shipment;

Name and address of the fertilizer manufacturer who received the
excluded material; and

Type and quantity of excluded secondary material in each shipment.

C.  Notification for Manufacturers

40 CFR 261.4(a)(20)(iii)(B) requires manufacturers of zinc fertilizers
or zinc fertilizer ingredients made from excluded hazardous secondary
materials to submit a one-time notification to the Regional
Administrator. 

(i)	Data Items

The one-time notification must include the following information:

Name of the manufacturer, address and EPA ID number of the manufacturing
facility; and

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

(ii)	Respondent Activity

Complete and submit the one-time notification.

D.  Record of Shipments for Manufacturers

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

(i)	Data Items

The shipping records would at a minimum contain the following
information:

Name and address of the generating facility;

Name of transporter and date the materials were received;

Quantity received; and

Brief description of the industrial process that generated the waste.

(ii)	Respondent Activity

Keep the following records:

	

Name and address of the generating facility;

Name of transporter and date the materials were received;

Record of the quantity received; and

Brief description of the industrial process that generated the waste.

E.  Annual Report for Manufacturers

Under 40 CFR 261.4(a)(20)(iii)(D), manufacturers of zinc fertilizers or
zinc fertilizer ingredients made from excluded hazardous secondary
materials must submit to the Director an annual report that identifies
the total quantities of all excluded hazardous secondary materials that
were used to manufacture zinc fertilizer or zinc fertilizer ingredients
in the previous year.

(i)	Data Items

The annual report must include the following:

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

Name and address of each generating facility; and

The industrial process(es) from which the materials were generated.

(ii)	Respondent Activity

Complete and submit the annual report.

F.  Product Sampling and Analysis for Manufacturers

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

(i)	Data Items

The records of sampling/analysis must include the following:

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

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

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

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

A description of the analytical methods used, including any cleanup and
sample preparation methods; and

All laboratory analytical results used to determine compliance with the
contaminant limits specified in this paragraph.

(ii)	Respondent Activities

Sample and analyze the product as specified; and

Keep records of all sampling and analyses for three years.	

Exemption for Chromium-Containing Waste

(i)	Data items:

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

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

The waste is generated from an industrial process that uses trivalent
chromium exclusively (or nearly exclusively), and the process does not
generate hexavalent chromium; and

The waste is typically and frequently managed in non-oxidizing
environments. 

(ii)	Respondent activities:

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

Exemption for Samples

(i)	Data items:

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

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

The laboratory's name, mailing address, and telephone number;

The quantity of the sample;

The date of shipment; and

A description of the sample. 

(ii)	Respondent activities:

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

Exemptions for Treatability Study Samples

(i)	Data items:

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

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

Copies of the shipping documents;

A copy of the contract with the facility conducting the treatability
study; and

Documentation showing:

The amount of waste shipped under the exemption;

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

The date the shipment was made; and

Whether unused samples or residues were returned to the generator. 

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

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

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

The amount of the additional time or sample quantity needed;

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

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

Information on the cause of the equipment failure and the remedies taken
to prevent its future occurrence (if the request for a limit increase
was due to an equipment failure); and

Any additional information considered necessary by the Administrator.

(ii)	Respondent activities:

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

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

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

If applying for a quantity limit increase under §261.4(e)(3), prepare
and submit request; and

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

Exemptions for Treatability Study Samples Undergoing Testing

(i)	Data items:

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

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

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

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

The date the shipment was received;

The quantity of the waste accepted;

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

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

The date the treatability study was concluded; and

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

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

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

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

The types of treatability studies conducted;

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

The total quantity of waste in storage each day;

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

The date each treatability study was conducted; and

The final disposition of residues and unused samples from each
treatability study.

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

(ii)	Respondent activities:

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

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

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

By March 15 of each year, prepare and submit an annual report to the
Regional Administrator estimating the number of treatability studies and
the amount of waste expected to be used in treatability studies during
the current year and information on the past year's activities; and

Prepare and submit a termination letter informing the Regional
Administrator that the facility is no longer planning to conduct any
treatability studies at the site.

	Recycling of Cathode Ray Tubes (CRTs)

	A.  Labels

Under 40 CFR 261.39(a)(2), generators of used, broken CRTs destined for
recycling must label or mark clearly each container in which the CRTs
are contained.

(i)	Data Items:

Label or mark with the phrase:  “Used cathode ray tube(s) - contains
leaded glass” or “Used cathode ray tube(s) - contains leaded glass
from televisions or computers.”  

Label or mark with the words:  “Do not mix with other glass
materials.”

(ii)	Respondent Activity:

  Label or mark clearly each container, as specified.

    

	B.  Export Notification for Used CRTs Destined for Recycling

Under 40 CFR 261.39(a)(5), exporters of used, broken CRTs must provide
written notification to EPA of an intended export before the CRTs are
scheduled to leave the U.S.  Upon request by EPA, the exporter must
furnish to EPA any additional information that a receiving country
requests in order to respond to a notification.  Exporters must keep
copies of notifications and consents for a period of three years
following receipt of the consent.  

Under 40 CFR 261.40, exporters of used, intact CRTs destined for
recycling must meet the conditions of section 261.39(a)(5).

(i)	Data Items:

Notification of intent to export that includes the following
information:

 

-	Name, mailing address, telephone number, and EPA ID number (if any) of
the exporter;

-	The estimated frequency or rate at which CRTs are to be exported and
the period of time over which they are to be exported; 

-	The estimated total quantity of CRTs specified in kilograms;  

-	All points of entry to and departure from each foreign country through
which the CRTs will pass;

-	A description of the means by which each shipment of the CRTs will be
transported (e.g., air, highway, rail, water);

-	Name and address of the recycler;

-	A description of the manner in which the CRTs will be recycled in the
receiving country; 

-	The name of any transit country through which the CRTs will be sent
and a description of the approximate length of time the CRTs will remain
in such country; and

-	Signature of the exporter.

On the front of the envelope used to submit the written notification,
the words:  “Attention:  Notification of Intent to Export.”

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

Receiving/transit country’s written consent to the receipt of the
CRTs.

Notification of receiving/transit country’s objection to the receipt
of the CRTs, if applicable.

Notification of receiving/transit country’s withdrawal of a prior
consent to the receipt of CRTs, if applicable.

(ii)	Respondent Activities:

Prepare and submit written notification.

Prepare and submit additional information that a receiving country
requests in order to respond to a notification.

Keep copies of notifications and consents.

	C.  Export Notification for Used CRTs Destined for Reuse

 

Under 40 CFR 261.41, exporters of used, intact CRTs for reuse must send
a one-time notification to EPA.  In addition, they must keep copies of
normal business records (e.g., contracts) demonstrating that each
shipment of exported CRTs will be reused.  This documentation must be
retained for a period of at least three years from the date the CRTs
were exported.  

 

(i)	Data Items:

Notification that includes the following information:

-	A statement that the notifier plans to export used, intact CRTs for
reuse;

-	Notifier’s name, address, and EPA ID number (if applicable); and

-	Contact person’s name and phone number.

Normal business records (e.g., contracts) demonstrating that each
shipment of exported CRTs will be reused.

(ii)	Respondent Activities:

Prepare and submit a one-time notification.

Keep copies of normal business records (e.g., contracts) demonstrating
that each shipment of exported CRTs will be reused. 

HAZARDOUS WASTE LISTING EXEMPTIONS

Hazardous Wastes from Non-Specific Sources

(i)	Data items:

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

Documents and data sufficient to prove that:

The unit is an aggressive biological treatment unit; and

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

(ii)	Respondent activities:

To qualify for an exemption, a facility must perform the following
respondent activities:

Develop data and documents to support the criteria for the exemption;
and

Maintain records on site.

Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning
and Replacement

(i)	Data items:

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

A written equipment cleaning plan that describes the following:

The equipment to be cleaned;

How the equipment will be cleaned;

The solvent to be used in cleaning;

How the solvent rinses will be tested; and

How cleaning residues will be disposed. 

A written equipment replacement plan that describes the following:

The equipment to be replaced;

How the equipment will be replaced; and

How the equipment will be disposed.

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

The name and address of the facility;

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

Formulations currently used in each process at the plant;

The equipment cleaning or replacement plan;

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

The dates on which cleaning or replacement was accomplished;

The dates of sampling and testing;

A description of the sample handling and preparation techniques used for
extraction, containerization, preservation, and chain-of-custody of the
samples;

A description of the tests performed, the date the tests were performed,
and the results of the tests;

The name and model numbers of the instrument(s) used in performing the
tests;

Documentation of QA/QC procedures; and

A certification statement by an authorized representative stating that
all process equipment was cleaned or replaced according to the cleaning
or replacement plan. 

(ii)	Respondent activities:

Prepare an equipment cleaning or replacement plan;

Prepare and maintain documentation showing that equipment was cleaned or
replaced in accordance with the plan; and

Prepare and maintain a certification by an authorized representative
that the cleaning or replacement occurred in accordance with the
facility's plan. 

	Procedures for Demonstrating that Organic Dyes and/or Pigments
Production Nonwastewaters Are Not K181

A.  Determination Based on No K181 Constituents

Under §261.32(d)(1), generators that have knowledge that their waste
contains none of the K181 constituents identified in §261.32(c) can use
their knowledge to determine that their waste is not K181.  Generators
must keep documentation supporting this annual determination on site for
three years.

  

(i)	Data Item:

Documentation supporting the determination that organic dyes and/or
pigments production nonwastewater is not K181.

(ii)	Respondent Activities:

Determine that the organic dyes and/or pigments production nonwastewater
is not K181;

Document the basis for determining that the organic dyes and/or pigments
production nonwastewater is not K181; and

Keep each annual supporting documentation on site.

B.  Determination For Generated Quantities of 1,000 MT/Yr or Less for
Wastes That Contain K181 Constituents

Under §261.32(d)(2), generators can use knowledge of their waste to
conclude that mass loadings for the K181 constituents are below the
listing levels, if the total annual generation quantity of organic dyes
and/or pigments production nonwastewaters is 1,000 metric tons or less.
To make this determination, generators must document that the annual
quantity of nonwastewaters expected to be generated is 1,000 metric tons
or less, track the actual quantity of nonwastewaters generated over the
course of the calendar year (i.e., from January 1 through December 31 of
each year), keep a running total of the K181 constituent mass loadings
over the course of the calendar year, and keep specified records on site
for three years, as specified in §§261.32(d)(2)(i) through (iv). 

(i)	Data Items:

Documentation demonstrating that the annual quantity of organic dyes
and/or pigments production nonwastewaters expected to be generated is
1,000 metric tons or less;

Quantity of organic dyes and/or pigments production nonwastewaters
generated; 

Relevant process information used; and

Calculations performed to determine annual total mass loadings for each
K181 constituent in the nonwastewaters during the year.

(ii)	Respondent Activities:

Document the basis for determining that the annual quantity of
nonwastewaters expected to be generated will be 1,000 metric tons or
less; 

Track the actual quantity of nonwastewaters generated over the course of
the calendar year; 

Keep a running total of the K181 constituent mass loadings over the
course of the calendar year; and

Keep supporting documentation on site.

C.  Determination for Generated Quantities Greater Than 1,000 MT/Yr for
Wastes That Contain K181 Constituents

Under §261.32(d)(3), generators with a total annual generation quantity
of organic dyes and/or pigments production nonwastewaters greater than
1,000 metric tons are required to comply with the testing requirements
to make a determination that their wastes are not K181.  These
generators must develop a waste sampling and analysis plan (or modify an
existing plan) to collect and analyze representative waste samples for
the K181 constituents reasonably expected to be present in the wastes
based on knowledge of the wastes, as specified in §261.32(d)(3)(i)
through (iii).  In collecting and analyzing the waste samples,
generators must follow the waste sampling and analysis plan
(§261.32(d)(3)(iv)).  

Under §§261.32(d)(3)(v) through (ix), generators must record the
analytical results, record the waste quantity represented by the
sampling and analysis results, calculate constituent-specific mass
loadings (i.e., the product of concentrations and waste quantity), keep
a running total of the K181 constituent mass loadings over the course of
the calendar year, and determine whether the mass of any of the K181
constituents is below the K181 listing levels.   

In addition, generators must keep specified documentation on site for
three years, as specified in §261.32(d)(3)(x).

 

Pursuant to §261.32(d)(3)(xi), nonhazardous waste determinations must
be conducted annually to verify that the wastes remain nonhazardous. 
The annual testing requirements are suspended after three consecutive
successful annual demonstrations that the wastes are nonhazardous. 
Generators then can use knowledge of the wastes to support subsequent
annual determinations.  If the annual testing requirements are
suspended, the generator must keep records of the process knowledge
information used to support a nonhazardous determination.   

The annual testing requirements are reinstated if the manufacturing or
waste treatment processes generating the wastes are significantly
altered, resulting in an increase of the potential for the wastes to
exceed the listing levels.  If testing is reinstated, a description of
the process change must be retained.

(i)	Data Items:

Documentation on which K181 constituents are reasonably expected to be
present in the wastes;

Waste sampling and analysis plan to collect and analyze representative
waste samples for the K181 constituents reasonably expected to be
present in the wastes.  At a minimum, the plan must include:

-	A discussion of the number of samples needed to characterize the
wastes fully;

-	The planned sample collection method to obtain representative waste
samples;

-	A discussion of how the sampling plan accounts for potential temporal
and spatial variability of the wastes; and

-	A detailed description of the test methods to be used, including
sample preparation, clean-up (if necessary), and determinative methods;

Waste sampling and analysis results (including QA/QC data);

Quantity of organic dyes and/or pigments production nonwastewaters
generated; and

Calculations performed to determine annual mass loadings for each K181
constituent in the nonwastewaters.

If the annual testing requirements are suspended after three successful
demonstrations that the waste are non hazardous, records of the process
knowledge information used to support a nonhazardous determination.

If the manufacturing or waste treatment processes generating the wastes
are significantly altered as specified, a description of the process
change.

(ii)	Respondent Activities:

Determine which K181 constituents are reasonably expected to be present
in the wastes;  

Develop waste sampling and analysis plan;

Collect and analyze samples in accordance with the waste sampling and
analysis plan;

Record analytical results;

Record the waste quantity represented by the sampling and analysis
results;

Calculate constituent-specific mass loadings;

Keep a running total of the K181 constituent mass loadings over the
course of the calendar year;

Determine whether the mass of any of the K181 constituents is below the
K181 listing levels; and 

Keep supporting documentation on site.

If the annual testing requirements are suspended after three successful
demonstrations that the waste are nonhazardous, the generator can:

-	Use knowledge of the waste to support subsequent annual determination;
 and 

-	Keep records of the process knowledge information used to support a
nonhazardous determination.

If the manufacturing or waste treatment processes generating the wastes
are significantly altered as specified, reinstate annual testing
requirements and retain a description of the process change.

	D.  Recordkeeping Demonstrations for Use of Appropriate Landfills and
Combustion Units

Under the §261.32(d)(4) landfill disposal and combustion exemptions,
generators must maintain documentation demonstrating that each shipment
of waste was received by a landfill unit subject to or meets the
landfill design standards set out in the listing description, or was
treated in a combustion unit as specified in the listing description. 
This documentation must be maintained on site for a period of three
years.

(i)	Data Item:

Documentation demonstrating that each shipment of waste was received by
a landfill unit subject to the landfill design standards set out in the
listing description, or was treated in a combustion unit as specified in
the listing description.

(ii)	Respondent Activity:

Maintain documentation demonstrating that each shipment of waste was
received by a landfill unit subject to the landfill design standards set
out in the listing description, or was treated in a combustion unit as
specified in the listing description. 

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

 tc \l2 "5. 	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT 

5(a)	AGENCY ACTIVITIES

 tc \l3 "5(a)	AGENCY ACTIVITIES 

REVIEW OF RULEMAKING PETITIONS

EPA follows specific procedures when reviewing all rulemaking petitions.
 As specified under section 260.22, the Agency will review the
information and make a tentative decision, publish its tentative
decision in the Federal Register and request written comments, hold a
public meeting (if requested by an interested person or at the
discretion of the Administrator), review all comments, and publish its
final decision in the Federal Register.  Depending on the complexity of
the petition, the Agency may spend significant time in review. 

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

Specific Agency activities consist of the following:

Review petition information;

Request additional information, if required;

Enter information into a database;

Hold meetings;

Deliberate;

Make a draft determination and publish draft FR notice;

Review comments and deliberate; and

Make determination and publish final FR notice.	

REVIEW OF SOLID WASTE AND BOILER VARIANCE DEMONSTRATIONS

Agency activities associated with the variances from classification as a
solid waste or classification as a boiler include the following:

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

Request additional information, if necessary;

Deliberate and issue a draft determination;

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

Hold a public hearing and initiate a 30-day public comment period; and

Review comments and make the final decision.

REVIEW OF HAZARDOUS WASTE EXCLUSION PETITIONS 

Agency activities associated with information submitted in support of
sections 261.3 and 261.4 exclusions include the following:

File the nonwastewater notifications;

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

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

Process hazardous secondary materials generator notification;

Process zinc fertilizer manufacturer notification;

Process zinc fertilizer manufacturer annual report;

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

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

File notifications of testing of treatability samples;

File annual reports on treatability study testing; and

File termination letters of treatability study testing.

CATHODE RAY TUBES (CRTs) EXCLUSION ACTIVITIES

	A.  Labels

There are no Agency activities associated with the labeling requirements
under 40 CFR 261.39(a)(2).

	B.  Export Notification for Used CRTs Destined for Recycling

  

Agency activities associated with the conditional exclusion for used
CRTs exported for recycling include:

Receive and review notification submitted by an exporter of used CRTs to
determine whether or not the notification is complete.  A notification
is complete when EPA determines that it satisfies the requirements of 40
CFR 261.39(a)(5)(i).

Solicit, from exporter, additional information requested by the
receiving country.

Provide, in conjunction with the Department of State, the complete
notification to the receiving country.

Forward the receiving/transit country’s written consent to the receipt
of the used CRTs to the exporter.

Prepare and send written notification to the exporter if the
receiving/transit country objects to the receipt of the used CRTs or
withdraws a prior consent. 

Keep copies of notifications, consents, and other related documents.

	C.  Export Notification for Used CRTs Destined for Reuse

 	Agency activities associated with the conditional exclusion for used
CRTs exported for reuse include:

Receive and review notification submitted by exporter of used CRTs.

Keep copy of notification.

REVIEW OF HEADWORKS EXCLUSION DEMONSTRATIONS

	The Agency will receive, review, and file the sampling and analysis
plan submitted by claimants who use direct monitoring.  There are no
other Agency activities under the rule.

REVIEW OF DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION
NONWASTEWATERS ARE NOT K181 

There are no Agency activities associated with the information
collection requirements for generators of organic dyes and/or pigments
production nonwastewaters.

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

In collecting and analyzing the information required under the
identification, listing, and rulemaking petition requirements, EPA uses
electronic equipment such as personal computers and applicable database
software, when appropriate. 

5(c)	SMALL ENTITY FLEXIBILITY

 tc \l3 "5(c)	SMALL ENTITY FLEXIBILITY 

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

CATHODE RAY TUBES (CRTs) EXCLUSION

In establishing the conditional exclusion for used CRTs, EPA considered
the reporting and recordkeeping burden for small businesses.  In
addition, the conditional exclusion is a regulatory relief initiative
that should reduce hour and cost burden for generators and subsequent
handlers of excluded CRTs, but should particularly benefit small
entities.

HEADWORKS EXCLUSION

EPA believes that the revisions to the Headworks Exclusion rule will not
have adverse burden impacts on small entities, for the following
reasons.  First, the rule extends the exemption at 40 CFR
261.3(a)(2)(iv)(A) and (B) to two additional wastes (benzene and
2-ethoxyethanol), clarifies that the exemption applies to combustor
scrubber water, and expands the de minimis exemption to
non-manufacturing sites and de minimis releases of F- and K- listed
wastes.  In this regard, the rule is de-regulatory; both small and large
entities could benefit from reduced hazardous waste management costs. 
In addition, the exemptions are non-mandatory, i.e., entities need not
claim the exemption unless it is cost-effective for them.  Finally, the
rule gives claimants added flexibility in demonstrating their compliance
with the exemptions.  They may continue to use their existing methods
(e.g., mass balance) or direct monitoring, whichever is more
cost-effective.

DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION
NONWASTEWATERS ARE NOT K181

The rule includes a mass loadings-based listing for organic dyes and/or
pigments production nonwastewaters that allows generators to determine
whether their waste is nonhazardous under the listing.  Thus, although
the final rule adds the K181 wastes to the hazardous waste listings, the
rule provides flexibility to both large and small generators to
determine whether they can manage their waste as nonhazardous, as
specified.  If a small entity’s waste does qualify as hazardous under
the listings, the small entity may be eligible for complying with the
small quantity generator standards, which impose fewer paperwork
requirements than the standards for large quantity generators.

5(d)	COLLECTION SCHEDULE

 tc \l3 "5(d)	COLLECTION SCHEDULE 

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

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

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

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

By March 15 of each year, facilities must submit to the Regional
Administrator an annual report regarding their treatability study
activities; and

Upon determining to cease treatability studies, facilities must inform
the Regional Administrator. 

CATHODE RAY TUBES (CRTs) EXCLUSION

Under the conditional exclusion rule for used cathode ray tubes (see 71
FR 42928; July 28, 2006), used CRTs and glass removed from CRTs sent for
recycling or reuse are excluded from the definition of solid waste, if
they meet specified conditions. 

	A.  Labels

 

Generators of used, broken CRTs destined for recycling must label or
mark clearly each container in which the CRTs are contained, as
specified.  EPA believes that each container should be labeled or marked
to ensure proper management and handling.

	B.  Export Notification for Used CRTs Destined for Recycling

Exporters of used CRTs destined for recycling must provide written
notification to EPA of an intended export before the CRTs are scheduled
to leave the U.S.  A complete notification must be submitted 60 days
before the initial shipment is intended to be shipped off site.  This
notification may cover export activities extending over a 12-month or
lesser period.  In addition, upon request by EPA, exporters must furnish
to EPA any additional information that a receiving country requests in
order to respond to a notification.

	C.  Export Notification for Used CRTs Destined for Reuse

Exporters of used CRTs destined for reuse must send a one-time
notification to EPA.  In addition, they must keep, at the facility,
copies of normal business records (e.g., contracts) demonstrating that
each shipment of exported CRTs will be reused. 

REVISIONS TO THE HEADWORKS EXCLUSION

	The Headworks Exclusion rule (see 70 FR 57769, October 4, 2005) allows
generators to directly measure solvent chemical levels at the headworks
of the wastewater treatment system to determine whether the wastewater
mixture is exempt from the definition of hazardous waste.  Facilities
choosing to conduct direct monitoring must prepare and submit a sampling
and analysis plan to the regulatory agency prior to commencement of
monitoring and confirm receipt by the regulatory agency.  EPA is not
requiring any other formal notification to the regulatory agency, unless
a change in the facility’s operations mandates a change in monitoring.
 

In addition, this rule allows manufacturing facilities to claim a de
minimis loss of F- or K-listed wastes, and non-manufacturing facilities
to claim a de minimis loss of any listed hazardous waste.  Facilities
claiming any part of the expanded de minimis exemption must list
Appendix VII and LDR hazardous constituents for each affected waste in
the CWA permit application or the submission to a pretreatment control
authority, in order to be eligible for the exemption.

DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION
NONWASTEWATERS ARE NOT K181

Under the final rule (see 70 FR 9138, February 24, 2005), generators of
organic dyes and/or pigments production nonwastewaters will have to
conduct nonhazardous determinations annually to verify that the wastes
remain nonhazardous.  For facilities that generate 1,000 metric tons or
less per year, this determination will be based on knowledge of their
wastes.  For facilities that generate more than 1,000 metric tons per
year, this determination will be based on waste sampling and analysis. 
These annual testing requirements will be suspended if the wastes remain
nonhazardous for three consecutive years of testing.  However, if the
manufacturing or waste treatment process generating the wastes is
significantly altered, the annual testing requirements will be
reinstated.  EPA believes such a schedule will ensure that generators
take measures to determine whether their wastes qualify for the
nonhazardous claim.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

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

6(a)	ESTIMATING RESPONDENT BURDEN

 tc \l3 "6(a)	ESTIMATING RESPONDENT BURDEN 

This ICR is a comprehensive presentation of all of the information
collection activities required for identification, listing, and
rulemaking petition regulations.  EPA estimated respondent burden hours
associated with all of the requirements covered in this ICR in Exhibits
1-6 below.  Exhibit 1 addresses the burden for petitioners to read and
understand the regulations for identification, listing, and rulemaking
petitions.  Exhibit 2 addresses general requirements for all rulemaking
petitions as well as equivalent testing or analytical method petitions
and delisting petitions.  Exhibit 3 addresses variances from
classification as a solid waste or for classification as a boiler. 
Exhibit 4 addresses provisions for obtaining hazardous waste exclusions
and exemptions under sections 261.3 and 261.4.  Exhibit 5 addresses the
paperwork requirements under sections 261.31 and 261.35.  Each of these
exhibits includes the number of hours required to conduct each
information collection activity and the cost associated with each
requirement.  Exhibit 6 summarizes the total annual burden hours and
costs to respondents under all of these provisions.

6(b)	ESTIMATING RESPONDENT COSTS

 tc \l3 "6(b)	ESTIMATING RESPONDENT COSTS 

Estimating Labor Costs

EPA estimates an average hourly labor cost for respondents of $81.13 for
legal staff, $65.61 for managerial staff, $36.34 for technical staff,
$17.99 for clerical staff, and $13.81 for workman staff.   These hourly
labor rates are based on the most current estimates of national
cross-industry wages by the U.S. Bureau of Labor Statistics for
occupational groups SOC 23-1011: Lawyers; SOC 11-0000: Management
Occupations; SOC 17-3026: Industrial Engineering Technicians; SOC
53-7064: Packers and Packagers, Hand; and SOC 43-9061: Office Clerks,
General, respectively, multiplied by 1.4845 to account for overhead and
fringe benefits. 

Estimating Capital and Operation and Maintenance Costs

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

Laboratory fees for analyzing samples;

Contractor travel/lodging costs;

Professional certifications for certain work performed; and

Mailing and shipping costs.

	To update the O&M costs in the previous ICRs (#1189.14, #1189.15,
#1189.16, and #1189.17), which were all based on the 2004 costs, EPA
referred to the U.S. Bureau of Labor Statistics (BLS)’s Consumer Price
Index data for all urban consumers (1982 – 84 index = 100) at  
HYPERLINK "http://www.bls.gov/cpi/cpi_dr.htm" 
http://www.bls.gov/cpi/cpi_dr.htm .  EPA used the June 2007 index
(208.35) and June 2004 index (189.7) to develop an adjustment factor of
1.0983 (= 208.35 / 189.7). 

6(c)	ESTIMATING AGENCY BURDEN AND COST

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

Exhibit 7 below presents the estimated annual Agency burden and costs
associated with the requirements covered in this ICR.  EPA estimates an
average hourly labor cost of $55.65 for legal staff, $52.24 for
managerial staff, $31.26 for technical staff, and $19.94 for clerical
staff that involve State government employee labor rather than Federal
employee labor because most RCRA programs are implemented by
RCRA-authorized States.

These hourly labor rates are based on the most current estimates of
State government wages by the U.S. Bureau of Labor Statistics for
occupational groups SOC 23-1011: Lawyers; SOC 11-0000: Management
Occupations; SOC 19-4091: Environmental Science and Protection
Technicians; and SOC 43-9061: Office Clerks, General, respectively,
multiplied by 1.4845 to account for overhead and fringe benefits.

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

 tc \l3 "6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND
COST 

READING AND UNDERSTANDING THE REGULATIONS FOR IDENTIFICATION, LISTING,
AND RULEMAKING PETITIONS (Exhibit 1)

The petitioner must read and understand all of the applicable
regulations in 40 CFR Parts 260 and/or 261.  This cost is a one-time
cost.  EPA estimates that all facilities submitting petitions and
demonstrations will read the regulations.  Thus, EPA estimates that
2,535 respondents will read the pertinent Part 260 and 261 regulations
each year.

RULEMAKING PETITIONS (Exhibit 2)

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

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

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

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS (Exhibit 3)

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

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

HAZARDOUS WASTE EXCLUSIONS (Exhibit 4)

Under section 261.3(a)(2), facilities may claim a wastewater exclusion.
 Section 261.3(a)(2)(iv) allows facilities to claim the "Headworks Rule"
exemption as amended by the October 4, 2005 final rule (70 FR 57769). 
EPA estimates that an incremental count of 3,266 facilities may
voluntarily claim a Headworks Exclusion exemption under 40 CFR
261.3(a)(2)(iv)(A), (B), (F), or (G).  EPA estimates that during the
three-year life of this ICR, 3,266 facilities (or 1,089 facilities per
year) may be expected to read the rule, and 1, 811 facilities may
initially prepare and submit a sampling and analysis plan to the
regulatory agency and confirm delivery prior to commencing direct
monitoring.  EPA estimates that these 1,811 facilities may conduct
direct monitoring annually, on average, during the life of this ICR, and
that between 1% to 2% of these 1,811 facilities (say 1.5%, or 27
facilities), on average, may need to modify their site-specific plan
each year because a change in the facility operations mandates a change
in the plan.  In addition, EPA estimates that 1,337 facilities may take
advantage of the expanded de minimis exemption each year under section
261.3(a)(2)(iv)(D).  Some of the burden associated with these claimants
is one-year only (i.e., initial first year), and some of the burden is
annually recurring.  Furthermore, because the purpose of this ICR is to
estimate annual burden under the rule, EPA has annualized burden over
the 3-year lifespan of this ICR.

Section 261.3(c)(2) allows facilities to obtain a hazardous waste
exclusion for certain nonwastewater residues.  EPA estimates that one
facility will submit a nonwastewater exemption under section
261.3(c)(2). 

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

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

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

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

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

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

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

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

Section 261.39(a)(2) requires generators of used, broken CRTs destined
for recycling to label or mark clearly each container (e.g.,
“gaylord” box) in which used, broken CRTs are contained, as
specified.  EPA estimates that, each year, respondents will use 32,423
containers.  EPA assumes that these respondents will mark each of these
containers by writing the specified words on them.  EPA also assumes
that each container will be used only once.

Section 261.39(a)(5) requires exporters of used, broken CRTs to provide
written notification to EPA of an intended export before the CRTs are
scheduled to leave the U.S.  EPA estimates that, each year, 256
shipments of used CRTs will be exported for recycling.  EPA expects that
these exporters will notify the Agency of their intent to export the
used CRTs.  In addition, the Agency estimates that approximately 26
exporters will furnish additional information.  

Section 261.41 requires exporters of used, intact CRTs for reuse to send
a one-time notification to EPA.  EPA estimates that, each year, 14
respondents will export used CRTs for reuse.  EPA assumes that all these
respondents will notify the Agency once during the three-year life of
the ICR.  In estimating the annual respondent hour and cost burden over
the three-year period covered by this ICR, EPA annualized the hour and
cost burden of this one-time activity by dividing the number of
respondents by three.  Thus, EPA estimates that 5 respondents (i.e., 14
respondents / 3 years), on average, will submit the one-time
notification each year.  

HAZARDOUS WASTE LISTING EXEMPTIONS (Exhibit 5)

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

EPA estimates that one facility per year will develop equipment cleaning
or replacement plans under section 261.35, document cleaning or
replacement in the facility operating record, and certify that
procedures were followed.

Section 261.32 (d) allows facilities to claim a listing exemption for
K181 organic dyes and/or pigments production nonwastewaters.  EPA
estimates that two facilities will use knowledge of their wastes to
determine that their wastes do not contain any of the K181 constituents
identified in §261.32(c).   EPA estimates that, each year, 22
facilities that generate 1,000 metric tons or less of wastes containing
K181 constituents will follow the procedures under §261.32(d)(2) to
determine whether or not their wastes exceed the mass loading levels in
the listing.  EPA estimates that, each year, eight of the nine
facilities that generate more than 1,000 metric tons of wastes
containing K181 constituents will follow the procedures under
§261.32(d)(3) to determine whether or not their wastes exceed the mass
loading levels in the listing.  (The remaining one facility may continue
to burn its waste with high organic content in onsite boilers permitted
by the State under the Clean Air Act for energy recovery; this waste is
also exempt from the K181 listing, and the resultant ash may thus be
managed as nonhazardous.)







 























6(e)	BOTTOM LINE BURDEN HOURS AND COSTS

Respondent Tally

As shown in Exhibit 6, EPA estimates a total respondent burden of 73,752
hours per year at a cost of $11,917,572.  The bottom line burden to
respondents over three years is 221,256 hours, with a cost of
approximately $35,752,717.

Agency Tally

As shown in Exhibit 7, EPA estimates an annual Agency burden of 15,351
hours, at a cost of $530,585 per year.  The bottom line burden to the
Agency over three years is 46,054 hours, at a cost of $1,591,754.

6(f)	REASONS FOR CHANGE IN BURDEN

 tc \l3 "6(f)	REASONS FOR CHANGE IN BURDEN 

This ICR (i.e., # 1189.20) consolidates and replaces four previously
approved ICRs on the Part 260 and 261 paperwork requirements.  The ICR
entitled, “Identification, Listing, and Rulemaking Petitions,” ICR
#1189.14, was the previously approved “base” ICR for the Part 260
and 261 requirements. The ICR entitled, “Hazardous Waste Listing for
Organic Dyes and/or Pigments Production Wastes,” ICR #1189.15, was a
new ICR.   The ICR entitled, “Recycling of Cathode Ray Tubes (CRTs):
Changes to Hazardous Waste Regulations,” ICR #1189.16, was a new ICR. 
 The ICR entitled, “Revision of RCRA Wastewater Treatment Exclusions
for Hazardous Waste Mixtures,” ICR #1189.17, was an amendment ICR.  
This current ICR (#1189.20) replaces these four ICRs and therefore
becomes the new “base” ICR for the Parts 260 and 261 paperwork
requirements.  Collectively, these four ICRs estimated an annual
respondent burden of 75,929 hours as identified in the OMB Inventory of
Approved ICR Burdens.

The annual respondent burden in this current “base” ICR (# 1189.20)
is estimated to be 73,752 hours, which is a decrease of 2,177 hours from
the previously approved ICRs.  The burden decrease is an adjustment to
the existing estimates based on data gathered through consultations with
EPA Regional and State Offices and the regulated community, not due to
program changes.

Based on consultations with EPA Regions, States and the regulated
community, EPA believes that the annual estimate for the number of
respondents that will prepare and submit new delisting petitions to the
Regions will remain at 20 as in the previous “base” ICR (#1189.14). 
However, based on consultations with the regulated community, EPA has
slightly decreased its estimate of the amount of time respondents will
spend on preparing the delisting petitions, from 788 hours to 700 hours.
 Furthermore, based on consultations with EPA Regions and States with
delisting authorization, the estimated Agency burden for reviewing the
delisting petitions has been changed from 667 hours to 642 hours.  See
the attached “Burden Estimate Methodology” for the rationales.

The annual estimated number of respondents requesting for variances from
classification as a solid waste or classification as a boiler and for
hazardous waste exclusions and exemptions has been assumed to be the
same as in the previous ICRs, since there is not much information from
consultations with EPA Regions and authorized States.  EPA also assumes
that the average hourly burden per respondent for these types of
requests will remain unchanged from the previous ICRs due to lack of
information.  However, the estimated Agency burden for reviewing a
variance request has been changed from 209 hours to 115 hours per
variance review.  See detailed discussions in the attached “Burden
Estimate Methodology.”

6(g)	BURDEN STATEMENT

 tc \l3 "6(g)	BURDEN STATEMENT 

The annual public reporting burden for this ICR is estimated to average
27 hours per response, and the annual public recordkeeping burden for
this ICR is estimated to average 2 hours per response.

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

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID number
EPA-HQ-RCRA-2007-0418, which is available for   SEQ CHAPTER \h \r 1
online viewing at http://  HYPERLINK "http://www.regulations.gov" 
www.regulations.gov ,   SEQ CHAPTER \h \r 1 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 Docket Center Public
Reading Room is open from 8:00 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the OSWER Docket is (202)
566-0270. 

	An electronic version of the public docket is available at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above. 
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID No. EPA-HQ-RCRA-2007-0418 and OMB control number
(2050-0053) in any correspondence. 



	ATTACHMENT



	INFORMATION COLLECTION REQUEST 1189.20

	BURDEN ESTIMATE METHODOLOGY 

	

	Introduction

40 CFR Parts 260 and 261 contain provisions that allow regulated
entities to apply for petitions, variances, exclusions, and exemptions
from various RCRA requirements.  This application process entails some
amount of burden that is shouldered by the regulated community and EPA
staff.  In accordance with the 1995 Paperwork Reduction Act (as
amended), EPA must estimate respondent and Agency burden associated with
all regulatory activities, including the petitions, variances,
exclusions, and exemptions allowed for in 40 CFR Parts 260 and 261. 
Once burden estimates are developed, EPA submits an Information
Collection Request (ICR) to the Office of Management and Budget (OMB)
for approval.  This document describes the methodology for updating
burden estimates for the renewal of the ICR covering the regulatory
activities cited above.

The Regional, State, and industry officials were consulted in order to
obtain data needed to update and/or verify respondent and EPA burden
estimates for these regulatory activities.  These consultations are
described below.  The consultations occurred during the months of July
and August 2007.  

	Summary of Consultations

Michelle Peace, U.S. EPA Region 6 (214-665-7430), is the delisting
coordinator in Region 6.  She works in the Multimedia Permitting and
Planning Division, which handles delisting petitions and inquiries about
hazardous waste exclusions/exemptions.  According to Michelle, all the
States in Region 6 are authorized for the RCRA program, and they issue
decisions on definition of solid waste and boiler variances and
hazardous waste exclusions/exemptions.  She said that the Region
typically receives two to three complete delisting petitions each year,
and that in the past three years the Region published five final
delisting rules.  She also noted that currently there were 7 to 10
facilities at intermediate stages of the pre-petition phase (petition
development, waste sampling and analysis, or interest meetings).  By her
estimate, it takes the Region approximately 725 hours to review and
issue a final decision on a delisting petition. 

Todd Ramaly, U.S. EPA Region 5 (312-353-9312), is the delisting petition
coordinator for Region 5.  He responded that the Region normally
receives three delisting petitions per year; and that six pre-petition
draft sampling and analysis plans were presently pending review and
approval.  He said that an average of about 800 hours per petition is
still a reasonable estimate for the amount of time spent by the Region
to approve the draft sampling and analysis plan, review the petition
information and data, and make a final delisting decision. 

Dan Patulski (312-886-0656) and Greg Czajkowski (312-886-6838), U.S. EPA
Region 5, stated that all six states in Region 5 are authorized for the
RCRA program.  Therefore, those authorized States handle requests for
variances, exclusions and exemptions.  The States sometimes call the
Region for guidance, but States are the reviewing and decision-making
authority. 

David Friedman, U.S. EPA Region 3 (215-814-3395), is the delisting
coordinator in Region 3.  Per David, one delisting petition has been
under review by the Region for a long while because it took a long time
for the facility to generate the requested additional information and
data.  No new delisting petition was submitted in the past two years. 
He also indicated that the requests for variances, exclusions and
exemptions are handled by the States in Region 3 because they are all
authorized for the RCRA program.

Ken Herstowski, U.S. EPA Region 7 (913-551-7631), worked on one
delisting petition in the past three years, and spent about 400 hours to
process this petition.  He had no information on any variance,
exclusion, or exemption determination request.  

Ed Lim, Ohio Environmental Protection Agency (614-644-2824), provided
information on the State’s review of variance, exclusion and exemption
determination requests over the last three years.  Based on the
information he provided, the State granted per rule two requests for a
case-by-case variance from classifying as a waste, one each in 2005 and
2006.  From March 2004 to May 2007, the State also granted a number of
requests for exemptions from certain hazardous waste storage,
transportation and permitting requirements, but none seemed to be
related to waste classifications (namely, hazardous waste
exclusions/exemptions, or hazardous waste listing exemptions).  Further,
Mr. Lim indicated that variances and exemptions typically take months to
process.

Renee Hudson Goodley (404-657-8828) and Jim McNamara (404-657-8620),
Georgia Environmental Protection Division, said that in the last three
years, the State received 3 to 4 requests each year for definition of
solid waste variances or hazardous waste exclusion/exemptions.  They
estimated that it took their reviewing committee 3 to 6 months to
process a request, or approximately 60 to 250 hours of actual time to
review and finalize a decision on a request depending on its complexity.
 In addition, Mr. Jim Brown (404-656-7802) of the same State agency
stated that in the past three years the State received two delisting
petitions, and that they were still under review.  

Yan Li, Rhode Island Department of Environmental Management
(401-222-2797), received three solid waste variance requests in the past
three years.  It took her approximately 150 hours to review, process,
and finalize a decision on a variance request.  

Victor Windle (317-232-3242) and Dave Berrey (317-308-3341) of the
Indiana Department of environmental Management stated that the State
processes about one request per year for variances, exclusions or
exemptions.  Over the last three years they received one definition of
solid waste variance request for using a K061 material, and one
incomplete request for definition of hazardous waste exclusion.  For the
one variance request that the State eventually denied, Mr. Berrey spent
a total of 5 days to inspect the facility, meet with the facility’s
representatives, and prepare arguments and the denial letter.

Edward Hammerberg, Maryland Department of the Environment
(410-537-3356), received about two cases per year of variance,
exclusion, or exemption determination requests over the past three
years.  He spent several days on each request – interpreting or
clarifying hazardous waste regulations, researching, and consulting with
other regulatory authorities.

Shih Chang, New Jersey Department of Environmental Protection
(609-292-8341), indicated that one delisting petition submitted some
years ago was still in the review phase because the facility was unable
to allocate the financial resource to pay for State’s analysis (i.e.,
to pay a user fee for reviewing the delisting petition) until recently. 
He said that he had thus far spent approximately 230 hours on this
incomplete petition.  Also, he learned from other New Jersey contacts
that the State did not receive any request for variances, exclusions or
exemptions in the past three years. 

Lawrence Merritt, Ford Motor Company (313-322-5548), stated that from
2003 to 2007, Ford had five delisting approvals for F019 wastes by
EPA’s Regions 5 and 8.  Based on the information he provided, these
delisting petitions cost on average 300 hours (or $15,000 at $50 per
hour) of Ford time and $46,300 of consultant and lab cost.  In addition,
after each delisting approval, approximately $20,000 were spent by
Ford’s consultant to perform annual verification testing and Ford
spent approximately 8 hours/year to review and report the verification
testing data.  

William Miller, General Motors Corporation (931-486-7471), provided
information about their costs expended on several delistings granted by
Regions 4, 5 and 6 in the past three years.  He estimated that overall,
GM spent up to 1,000 hours on a petition.  Moreover, its contractor
spent approximately $50,000 - $70,000 on lab work and $7,000 - $8,000 on
petition preparation per petition.  As an example, he revealed that on
one particular petition GM paid a contractor $13,000 for waste sampling,
$42,800 for sample analysis and data validation, $11,400 for petition
writing, and $3,200 for post-petition follow-up. 

Glenn Sabadosa, Bayer Polymers/Bayer Material Science (281-283-6454),
said that the company submitted two delisting petitions to Region 6, and
that each took about two years to go through the petition review
process.  By his estimate, each petition cost the company approximately
800 hours and $40,000. 

	Estimates of Burden

The estimates of burden associated with all regulatory activities
identified in the Identification, Listing, and Rulemaking Petitions ICR
are updated based on the information obtained from the consultations
described above.  If no information was obtained or available on an
activity, it was assumed that the burden information contained in the
previous pertinent ICRs (#1189.14, #1189.15, #1189.16, and #1189.17) did
not change for that activity.  

Delisting Petitions

As a result of the consultations with Region 5 (3 petitions and several
pre-petition plans submitted each year), Region 6 (2 to 3 petitions and
several pre-petition plans submitted each year, 5 final decisions
published in the past three years), Region 3 (1 petition in the past
three years), Region 7 (one petition in the past three years), the State
of Georgia (2 petitions in the past three years) and the State of New
Jersey (1 petition in the past few years), the estimate for total number
of delisting petitions submitted and reviewed every year will remain at
20 as in the previous “base” ICR (#1189.14).  This is based on an
estimate that approximately 10 petitions/year are going to be reviewed
by Regions 5 and 6 (Regions that normally have the highest numbers of
petitions for review every year) in light that each petition takes about
2 years to review and process, and that another 10 petitions/year will
be reviewed by some other EPA Regions and States with delisting
authorization.

The estimated respondent hourly burden is based on information collected
from Larry Merritt (Ford Corp.), William Miller (General Motors), and
Glenn Sabadosa (Bayer Polymers/Bayer Material Science).  They estimated
the following hours needed to prepare a delisting petition: 300 hours,
up to 1,000 hours, and 800 hours, respectively.  This would result in an
average of 700 hours per petition.  However, they did not differentiate
such costs between the administrative requirements under section 260.20
and the information requirements under section 260.22.  Based on the
estimates in the previous “base” ICR (#1189.14), the section 260.20
administrative requirements should not take more than 20% of the total
time, or 140 hours out of a total of 700 hours.  The other 80% of the
time (or 560 hours) is used to meet the information requirements under
260.22.  The total hourly burden, however, does not change much
(estimated now to be 700 hours, compared to 788 hours estimated
previously).  

The estimated Agency burden for reviewing a delisting petition is based
on information collected from Todd Ramaly (Region 5), Michelle Peace
(Region 6), and Ken Herstowski (Region 7).  They estimated that 800
hours, 725 hours, and 400 hours, respectively, were needed to review and
process a delisting petition.  This would result in an average of 642
hours (compared to 667 hours estimated previously) per petition review.

Solid Waste and Boiler Variances

Based on consultations with the Regional and State representatives,
there have not been many requests recently for variances from
classification as a solid waste.  There were no requests received for
variances for classification as a boiler.  A few State representatives
said that they had received 1 – 3 definition of solid waste variances
in the past three years, while some said they had not received any. 
Therefore, as estimated in the previous “base” ICR (#1189.14), it
seems reasonable to leave the total number of sections 260.31(a),
260.31(b), and 260.31(c) variance requests from classification as a
solid waste at 10 requests each annually (totaling 30 annually), and for
classification as a boiler at one variance annually.

Consultations with the Regional and State representatives did not
result in any information on the respondent burden for preparing a solid
waste or boiler variance request.  Therefore, it seems reasonable not to
change the respondent burden hours estimated in the previous “base”
ICR (#1189.14). 

The estimated Agency burden for reviewing a variance request is based on
information collected from Yan Li (Rhode Island Department of
Environmental Management), Dave Berrey (Indiana Department of
environmental Management), and Renee Hudson Goodley and Jim McNarama
(Georgia Environmental Protection Division).  They estimated that it
takes approximately 150 hours, 5 days, and 60 – 250 hours,
respectively, to review and make a final decision on a variance request.
 This would result in an average of approximately 115 hours (compared to
209 hours estimated previously) per variance review.

Hazardous Waste Exclusions/Exemptions

Based on consultations with the Regional and State representatives,
there is not much information available on facilities requesting
hazardous waste exclusions/exemptions.  

Therefore, it does not make sense to change the respondent burden hour
estimates for hazardous/solid waste exclusions and exemptions included
in the previous ICRs (#1189.14, #1189.16 and #1189.17). 

Hazardous Waste Listing Exemptions

Based on consultations with the Regional and State representatives,
there is no information available on facilities claiming hazardous waste
listing exemptions.  Therefore, it does not make sense to change the
respondent burden hour estimates for hazardous waste listing exemptions
included in the previous ICRs (#1189.14 and #1189.15).  

  ICR #1189.15 addressed the paperwork requirements at 40 CFR
261.32(d).

  ICR #1189.16 addressed the paperwork requirements at 40 CFR 261.39(a)
and 261.41.

 ICR #1189.17 addressed the paperwork requirements at 40 CFR
261.3(a)(2)(iv).

 Note that this exclusion was originally promulgated at 40 CFR
261.4(a)(15).  EPA subsequently moved it to 40 CFR 261.4(a)(17). 

  See Petitions to Delist Hazardous Wastes:  A Guidance Manual, April
1985, EPA/530-SW-85-003, U.S. Environmental Protection Agency,.

 Please note that these exhibits may contain rounding errors.

  U.S. Bureau of Labor Statistics (BLS)’s May 2006 National
Industry-Specific Occupational Employment and Wage Estimates cross all
industry sectors, at: http://www.bls.gov/oes/current/oes_nat.htm

  This multiplier factor consists of 36.45% fringe benefits plus 12%
overhead as prescribed by OMB Circular A-76 "Figure C1. Table of
Standard A-76 Costing Factors" at:
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml.

  U.S. Bureau of Labor Statistics (BLS)’s May 2006 National
Industry-Specific Occupational Employment and Wage Estimates for NAICS
999200 – State Government (OES Designation), at:   HYPERLINK
"http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000" 
http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000 

  This multiplier factor consists of 36.45% fringe benefits plus 12%
overhead as prescribed by OMB Circular A-76 "Figure C1. Table of
Standard A-76 Costing Factors" at:
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml.

   Including 155 in ICR #1189.14, 33 in ICR #1189.15, 1,258 (annualized)
in ICR #1189.16, and 1,089 (annualized) in ICR #1189.17

  ICR #1189.15 addressed the paperwork requirements at 40 CFR
261.32(d).

  ICR #1189.16 addressed the paperwork requirements at 40 CFR 261.39(a)
and 261.41.

 ICR #1189.17 addressed the paperwork requirements at 40 CFR
261.3(a)(2)(iv).

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