 

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1597.08

“REQUIREMENTS AND EXEMPTIONS FOR SPECIFIC RCRA WASTES”

February 7, 2008

TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

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

1(b)	Short Characterization	1  

2.	NEED FOR AND USE OF THE COLLECTION  

2(a)	Need and Authority for the Collection	  2

2(b)	Use and Users of the Data	2  

3.	NONDUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA 

3(a)	Nonduplication	3 

3(b)	Public Notice Required Prior to ICR Submission to OMB	3 

3(c)	Consultations	4 

3(d)	Effects of Less Frequent Collection	4 

3(e)	General Guidelines	4 

3(f)	Confidentiality	4 

3(g)	Sensitive Questions	4 

4.	THE RESPONDENTS AND THE INFORMATION COLLECTED  

4(a)	Respondents and SIC/NAICS Codes	  4

4(b)(1)	Information Requested for Universal Waste	6 

4(b)(2)	Information Requested for Mixed Waste 	9 

4(b)(3)	Information Requested for Used Oil 	13 

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

5(a)	Agency (or Authorized State) Activities	 21

5(b)	Collection Methodology and Management	22 

5(c)	Small Entity Flexibility	23 

5(d)	Collection Schedule	23 

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

6(a)	Estimating Respondent Burden	 24

6(b)	Estimating Respondent Costs	24  

6(c)(1)	Estimating Federal Agency Burden and Cost	24

6(c)(2)	Estimating State Agency Burden and Cost	25  

6(d)(1)	Estimating the Respondent Universe for Universal Waste	25  

6(d)(2)	Estimating the Respondent Universe for Mixed Waste	27  

6(d)(3)	Estimating the Respondent Universe for Used Oil	29  

6(e)	Bottom Line Burden Hours and Costs	29  

6(f)	Reasons for Change in Burden	 30 

6(g)	Burden Statement	30  

	

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of Information Collection

This ICR is entitled “Reporting and Recordkeeping Requirements for
Certain Waste-Specific Regulations”, ICR number 1597.08.  This ICR
consolidates two ICRs:  the “Requirements and Exemptions for Specific
RCRA Wastes,” ICR number 1597.06, and the “Used Oil Management
Standards Recordkeeping and Reporting Requirements”,” ICR number
1286.07.

1(b)	Short Characterization/Abstract

In the 1976 Resource Conservation and Recovery Act (RCRA), as amended,
Congress directs the U.S. Environmental Protection Agency (EPA) to
develop and administer a comprehensive program for the safe management
and disposal of hazardous waste.  In 1980, EPA promulgated regulations
in 40 CFR Part 260-279 to comply with RCRA.  EPA has since added to
these regulations on many occasions. 

Universal Waste

In 1995, EPA promulgated regulations in 40 CFR Part 273 that govern the
collection and management of widely generated hazardous wastes known as
“Universal Wastes”.  Universal Wastes are wastes that are generated
in non-industrial settings by a vast community, and are present in
non-hazardous waste management systems.  Examples of Universal Wastes
include certain batteries, pesticides, mercury-containing lamps and
thermostats.  The Part 273 regulations are designed to separate
Universal Waste from the municipal wastestream by encouraging
individuals and organizations to collect these wastes and to manage them
in an appropriate hazardous waste management system.  EPA distinguishes
two types of handlers of Universal Wastes: small quantity handlers of
Universal Waste (SQHUW) and large quantity handlers of Universal Waste
(LQHUW).  SQHUWs do not accumulate more than 5,000 kg of any one
category of Universal Waste at one time, while LQHUWs may accumulate
quantities at or above this threshold.  More stringent requirements are
imposed on LQHUWs because of greater potential environmental risks.  

Mixed Waste

In 2001, EPA promulgated regulations in 40 CFR Part 266 Subpart N that
provide increased flexibility to facilities managing wastes commonly
known as “Mixed Waste”.  Mixed Waste are low-level mixed waste
(LLMW), and naturally occurring and/or accelerator-produced radioactive
material (NARM) containing hazardous waste.  These wastes are also
regulated by the Atomic Energy Act.  As long as specified eligibility
criteria and conditions are met, LLMW and NARM are exempt from the
definition of hazardous waste as defined in Part 261.  Although these
eligible wastes are exempted from RCRA manifest, transportation, and
disposal requirements, they must still comply with the manifest,
transportation, and disposal requirements under the Nuclear Regulatory
Commission (NRC) regulations, or NRC-Agreement State regulations.  There
are two conditional exemptions:

Storage and Treatment Conditional Exemption

This conditional exemption for storage and treatment applies to any
generator of LLMW who is licensed by NRC or an NRC Agreement State to
manage radioactive materials.  The conditional exemption is available
only to LLMW generated under a single NRC or NRC Agreement State
license.  LLMW generators must notify EPA of the LLMW storage units for
which they are claiming an exemption, and must meet the conditions
listed in section 266.230.  The exemption is valid as long as the Mixed
Waste meets the conditions, remains in a conditionally exempt storage
unit, and is subject to NRC regulation.

Transportation and Disposal Conditional Exemption

This conditional exemption from the definition of hazardous waste
applies to generators and treaters who send their treated waste to a
commercial low-level radioactive waste disposal facility (LLRWDF)
licensed by NRC or NRC Agreement State.  The eligible LLMW or NARM waste
would be exempted from RCRA Subtitle C once it is placed on the
transportation vehicle bound for disposal at the LLRWDF.  The waste
could then be transported to the LLRWDF as strictly radioactive waste
using an NRC Uniform LLW Manifest.  Generators and treaters under the
exemption must undertake the information collection requirements listed
in section 266.345.

Used Oil

In 1992, EPA finalized management standards for used oils destined for
recycling.  The Agency codified the used oil management standards in
Part 279 of 40 CFR.  The regulations at 40 CFR Part 279 establish, among
other things, streamlined procedures for notification, testing,
labeling, and recordkeeping.  They also establish a flexible
self-implementing approach for tracking off-site shipments that allow
used oil handlers to use standard business practices (e.g., invoices,
bill of lading).  In addition, part 279 sets standards for the
prevention and cleanup of releases to the environment during storage and
transit.  EPA believes these requirements will minimize potential
mismanagement of used oils, while not discouraging recycling.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection

EPA promulgated the Universal Waste regulations at 40 CFR Part 273 under
the authority of Subtitle C of RCRA.  EPA needs to collect information
to ensure that Universal Waste is being managed in a manner protective
of human health and the environment.  For example, EPA needs to collect
notifications of Universal Waste management from LQHUWs to obtain
general information on these handlers and to facilitate enforcement of
the Part 273 regulations.  EPA promulgated labeling and marking
requirements and accumulation time limits to ensure that Universal Waste
is being accumulated responsibly.  EPA needs to collect information on
illegal Universal Waste shipments to enforce compliance with applicable
regulations.  Finally, EPA requires tracking of Universal Waste
shipments to help ensure that Universal Waste is being properly treated,
recycled, or disposed.

EPA also promulgated the Conditional Exemption for Low-Level Mixed Waste
Storage, Treatment, Transportation and Disposal regulations at 40 CFR
Part 266 Subpart N in response to negotiations with commercial nuclear
power plants and their trade representatives.  The industry expressed
interest in regulatory flexibility to allow the disposal of mixed waste
in commercial low-level radioactive waste disposal facilities (LLRWDFs)
as a RCRA-exempt waste.  The negotiations resulted in a final consent
decree, which required EPA to publish a proposed rule that requests
comment on an exemption from the RCRA regulations for mixed waste
generated by nuclear power plants.

And finally, EPA promulgated the Used Oil Management Standards at 40 CFR
Part 279 under Section 3014 of RCRA, which provides EPA with the
statutory authority to promulgate used oil management standards to
protect public health and the environment and to not discourage
recycling.

2(b)	Use and Users of the Data

Universal Waste

EPA uses collected information to ensure that Universal Waste is being
managed in a protective manner.  This data aids the Agency in tracking
Universal Waste shipments and identifying improper management practices.
 In addition, information kept in facility records helps handlers and
destination facilities to ensure that they and other facilities are
managing Universal Waste properly.  Finally, petitions submitted under
sections 273.80 and 273.81 in support of regulating other wastes or
waste categories under Part 273 help EPA to compile information on these
wastes, and to determine whether regulation as a Universal Waste is
appropriate.

Mixed Waste

EPA has developed minimum criteria in section 266.230 to ensure that
LLMW generators take appropriate steps to qualify for the Storage and
Treatment Conditional Exemption, and requires that generators or
treaters notify EPA or the Authorized State that they are claiming the
transportation and disposal exemption prior to the initial shipment of a
waste to a LLRWDF.  Section 266.345(a) requires that generators or
treaters notify EPA or the Authorized State that they are claiming the
Transportation and Disposal Conditional Exemption prior to the initial
shipment of a waste to a LLRWDF.  This exemption notice provides a tool
for RCRA program regulatory agencies to become aware of the
generator’s exemption claims.  The information contained in the
notification package  provides the RCRA program regulatory agencies with
a general understanding of the claimant.  This information also allows
the agencies to document the generator’s exemption status and to plan
inspections and review exemption-related records.

Used Oil

	There are four categories of respondents to the Used Oil standards. 
Used Oil transporters and transfer facilities, used oil processors and
re-refiners, burners who burn off-specification used oil for energy
recovery, and used oil marketers.  In addition, a State may petition EPA
to allow the use of used oil as a dust suppressant.  The State must
demonstrate that it has a program in place to prevent the use of used
oil/hazardous waste mixtures or used oil exhibiting a characteristic
other than ignitability as a dust suppressant.  So far no States have
made such a petition.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

Universal Waste

The streamlined requirements for Universal Wastes minimize the paperwork
activities respondents must undertake in relation to the full hazardous
waste program, and enable them to follow standard industry practices and
other Federal agency requirements, where appropriate, to satisfy the
Universal Waste requirements.  For example, LQHUWs may use a log,
invoice, bill of lading, or other shipping document to track off-site
shipments received and sent (i.e., in lieu of a RCRA manifest).  As
such, the Universal Waste requirements minimize the potential for
duplication with other paperwork requirements of EPA’s and other
Federal agencies’ regulatory programs.

Mixed Waste

The information collected for LLMW or NARM waste eligible for the
conditional exemptions is not available from any existing sources of
information.  Furthermore, the exemptions are self-implementing, and
intended to provide relief to respondents from duplicative information
collection requirements.

Used Oil

There is no other Federal agency that collects the information as
required under part 279 concerning the management of used oil for
recycling.  EPA has coordinated the development of the part 279
requirements with the Department of Transportation’s 49 CFR
regulations, where applicable.  Used oil transporters must comply with
all applicable packaging, labeling, and placarding requirements of 49
CFR parts 173, 178, and 179.  In addition, used oil transporters must
report discharges of used oil according to existing 49 CFR part 171 and
33 CFR part 153 requirements.

3(b)	Public Notice Required Prior to ICR Submission to OMB

In compliance with the Paperwork Reduction Act of 1995, EPA issues
public notices in the Federal Register taking comment on our intent to
renew ICRs.  On September 19, 2007 EPA issued a public notice in the
Federal Register on the Requirements and Exemptions for Specific RCRA
Wastes  ICR renewal (72 FR 53562).  EPA received no comments in response
to the Federal Register notice.

3(c)	Consultations

As noted above, EPA published an Federal Register notice.  EPA also
conducted separate consultations with the regulated communities.  No
more than nine facilities were contacted.

3(d)	Effects of Less Frequent Collection

For both waste categories, EPA has carefully considered the burden
imposed upon the regulated community by the regulations.  EPA is
confident that those activities required of respondents are necessary
and has attempted to minimize the burden imposed.  For the Universal
Waste requirements, EPA believes strongly that if the minimum
requirements specified under the regulations are not met, neither the
facilities nor EPA can ensure that Universal Waste is being managed in a
manner protective of human health and the environment.  For the Mixed
Waste exemptions, these requirements constitute the minimum amount of
reporting that could be required while still maintaining some level of
EPA supervision.

3(e)	General Guidelines

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

3(f)	Confidentiality

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define
EPA’s general policy on the public disclosure of information, contain
provisions for confidentiality.

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 REQUESTED

4(a)	Respondents and SIC/NAICS Codes

Table 1

List of SIC and NAICS Codes

Description	

NAICS Codes



Crop Production	

011



Soil Preparation	

115



Landscape Services	

541



Forestry and Logging	

113



Plumbing, Heating, and Air Conditioning	

235



Textile Mills	

313



Paper Manufacturing	

322



Printing and Publishing	

323



Chemicals Manufacturing	

325



Plastics and Rubber Product Manufacturing	

326



Petroleum and coal products	

324



Leather Tanning and Finishing	

316



Ceramic Wall and Floor Tile	

327



Primary Metal Industries	

331



Fabricated Metal Products	

332



Industrial and Commercial Machinery and Computer Equipment	

333



Electronics and Other Electrical Equipment and Components	

335



Transportation Equipment	

336



Medical Equipment, Including Ophthalmic Goods	

339



Rail Transportation	

482



Transit and Ground Passenger Transportation	

485



Motor Freight Transportation Warehousing	

484



Air Transportation	

481



Electric, Gas, and Sanitary Services	

221



Scrap and Waste Materials	

421



Wholesale Petroleum Marketing	

454



Automobile Dealers	

441



Dry Cleaning and Laundry Services	

812



Photographic Studios	

541



Funeral Services and Crematories	

812



Miscellaneous Business Service	

561



Automotive Repair Services	

811



Motion Picture and Video Industries	

512



Services to Buildings and Dwellings	

5617



Health Services	

62



Colleges, Universities, Professional Schools, and Junior Colleges	

611



Research, Development, and Testing Services	

541



Other Services	

541



National Security	

928



4(b)(1)	Information Requested for Universal Waste

Notification of Universal Waste

(i) 	Data Items

Section 273.32 requires LQHUWs to send written notification of Universal
Waste management to the Regional Administrator, and receive an EPA
identification number, before exceeding the 5,000 kilogram accumulation
limit of Universal Waste.  (Sections 273.32(a)(2) and (3), however,
exempt LQHUWs from this requirement if they have already notified EPA of
either hazardous waste activities under RCRA or pesticide management
under FIFRA.)  

The notification must include the following data items:

Universal Waste handler’s name and address (§273.32(b)(1));

Name and phone number of the contact person at the Universal Waste
handler’s site (§273.32(b)(2));

Location of the Universal Waste management activities (§273.32(b)(3));

A list of all types of Universal Waste managed (§273.32(b)(4)); and

A statement that 5,000 kilograms or more of waste are accumulated at one
time, and a description of the types of waste accumulated above this
quantity (§273.32(b)(5)).

(ii) 	Respondent Activities

Prepare and send written notification of Universal Waste management.

Labeling/Marking of Universal Waste

(i) 	Data Items

Sections 273.14 and 273.34 require SQHUWs and LQHUWs, respectively, to
label or mark their Universal Waste.  The information must identify the
type of waste, and be provided on the waste itself, or the container,
tank, or transport vehicle in which the waste is contained (§§273.14
and 273.34).

(ii) 	Respondent Activities

Label or mark the Universal Waste to identify the type of waste.

Accumulation Time Limits for Universal Waste

(i) 	Data Items

Sections 273.15 and 273.35 require SQHUWs and LQHUWs, respectively, to
demonstrate the length of time that the Universal Waste has been
accumulated from the date it was received or became a waste.  The
demonstration may be made by using any of the following methods: 

Placing the Universal Waste in a container and marking or labeling the
container with the earliest date that any Universal Waste in the
container became a waste or was received (§273.15(c)(1) or
§273.35(c)(1));

Marking or labeling the individual item of Universal Waste with the date
it became a waste or was received (§273.15(c)(2) or §273.35(c)(2));

Maintaining an inventory system on-site that identifies the date the
Universal Waste being accumulated became a waste or was received
(§273.15(c)(3) or §273.35(c)(3));

Maintaining an inventory system on-site that identifies the earliest
date any Universal Waste in a group of Universal Waste items or a group
of containers of Universal Waste became a waste or was received
(§273.15(c)(4) or §273.35(c)(4));

Placing the Universal Waste in a specific accumulation area and
identifying the earliest date that any Universal Waste in the area
became a waste or was received (§273.15(c)(5) or §273.35(c)(5)); or

Any other method approved in advance by the Regional Administrator or
the State Director (§273.15(c)(6) or §273.35(c)(6)).

(ii) 	Respondent Activities

Demonstrate the length of time that Universal Waste has been accumulated
since it became a waste or was received.

Off-Site Shipments of Universal Waste

(i) 	Data Items

Sections 273.18(f), 273.38(f), and 273.61(b) require SQHUWs, LQHUWs, and
destination facilities, respectively, to notify a Universal Waste
handler if a shipment or a portion of a shipment is rejected.  Sections
273.18(g), 273.38(g), and 273.61(c) require SQHUWs, LQHUWs, and
destination facilities, respectively, to notify the regional EPA office
of any illegal shipment of waste.  The data items required for rejection
notifications or illegal shipment notifications are:

Notification to the originating handler of the rejection of the shipment
(§§273.18(f), 273.38(f), or 273.61(b)); and/or

Notification to EPA of the illegal shipment, including the name,
address, and phone number of the originating shipper (§§273.18(g),
273.38(g), and 273.61(c)).

(ii) 	Respondent Activities

If necessary, prepare and submit a notice of rejection of shipment to
the originating handler; and/or

If necessary, prepare and submit a notice of illegal shipment to EPA.

Tracking Shipments of Universal Waste

(i) 	Data Items

Sections 273.39 and 273.62 require LQHUWs and destination facilities,
respectively, to maintain records of each Universal Waste shipment
received and sent, and to retain those records for a period of three
years from the day of receipt or sending of the shipment.  The following
information is required in the records:

For shipments received on site, data items must consist of:

The name and address of the originating Universal Waste handler from
whom the waste was sent (§§273.39(a)(1) and 273.62(a)(1));

The quantity of each type of Universal Waste received (§§273.39(a)(2)
and 273.62(a)(2)); and

The date the Universal Waste was received (§§273.39(a)(3) and
273.62(a)(3)).

For shipments sent off-site for further management, data items must
consist of:

The name and address of the Universal Waste handler to whom the waste
was sent (§§273.39(b)(1) and 273.62(b)(1));

The quantity of each type of Universal Waste sent (§§273.39(b)(2) and
273.62(b)(2)); and

The date the Universal Waste was sent (§§273.39(b)(3) and
273.62(b)(3)).

(ii) 	Respondent Activities

For shipments received on site, maintain records for a period of three
years.

For shipments sent off-site, maintain records for a period of three
years.

Petitions to Include Other Wastes under 40 CFR Part 273

(i) 	Data Items

Section 273.80 allows any person to petition EPA for an amendment to add
a hazardous waste or category of hazardous waste to the Universal Waste
regulations in 40 CFR Part 273.  The petitioner must demonstrate that
regulation under part 273 is:  (1) appropriate for the waste or category
of waste, (2) will improve management practices for the waste or
category of waste, and (3) will improve implementation of the hazardous
waste program.  The demonstration must include:

A description of the need for regulation and regulatory impacts
(§273.80(b)).

Information required under 40 CFR 260.20(b)

Information addressing the factors listed in 40 CFR 273.81.

(ii) 	Respondent Activities

	Prepare and submit a petition supporting regulation of a waste or waste
category under Part 273.

4(b)(2)	Information Requested for Mixed Waste 

Storage and Treatment Conditional Exemption

(i) 	Data Items

Facilities seeking the mixed waste storage and treatment exemption must
provide, or conduct and maintain the following, as required by
§266.230:

A written notification submitted by certified delivery stating that the
facility intends to claim the conditional exemption for LLMW stored at
the facility.  The dated notification must include the facility name,
address, RCRA identification number, NRC or NRC Agreement State license,
the waste code(s) and storage unit(s) for which the facility is seeking
an exemption, and a statement that the facility meets the conditions of
this part.  The notification must be signed by the facility’s
authorized representative certifying that the information in the claim
is true, accurate, and complete.  The notification must be submitted
within 90 days of the effective date of this rule in each State, or
within 90 days of when a storage unit is first used to store
conditionally exempt LLMW, as required by §266.230(a);

A certification that facility personnel who manage stored conditionally
exempt LLMW are trained in a manner that ensures that the conditionally
exempt waste is safely managed and includes training in chemical waste
management and hazardous materials incidents response that meets the
personnel training standards found in 40 CFR 265.16(a)(3), as required
by §266.230(b)(3);

An inventory of stored conditionally exempt LLMW (conducted at least
annually), as required by §266.230(b)(4);

Inspections of stored conditionally exempt LLMW for compliance with the
conditions listed in Part 266 Subpart N (conducted at least quarterly),
as required by §266.230(b)(4); and

An accurate emergency plan describing emergency response arrangements
with local authorities and evacuation plans; listing the names,
addresses, and telephone numbers of all facility personnel qualified to
work with local authorities as emergency coordinators; and listing
emergency equipment, as required by §266.230(b)(5).

(ii)	Respondent Activities

Prepare and submit by certified delivery the notification of intent to
claim the conditional exemption for LLMW stored at the facility;

Prepare the certification that facility personnel have been
appropriately trained;

Inventory conditionally exempt LLMW and record findings (at least
annually);

Conduct compliance inspections of conditionally exempt LLMW and record
findings (at least quarterly); and

Maintain an emergency plan on site and provide it to all local emergency
response authorities who may have to respond to a fire, explosion, or
release of hazardous waste or hazardous constituents.

Loss of Storage and Treatment Conditional Exemption

(i)	Data Items

Facilities that lose the exemption for their conditionally exempt LLMW
because they no longer meet the requirements in §266.230 must provide
the following, as required by §266.240:

A written notification submitted by certified delivery within 30 days of
becoming aware of the failure informing EPA or the Authorized State and
the NRC or oversight agency in the NRC Agreement State of the
condition(s) the facility failed to meet, a description of the LLMW
(including the waste name, hazardous waste codes, and the quantity), the
storage location at the facility, and the date(s) on which the facility
failed to meet the conditions, as required by §266.240(a)(1); and

If the failure may endanger human health or the environment, an oral
notification to EPA or the Authorized State, within 24 hours of learning
of the failure, followed by a written notification within five days, as
required by §266.240(a)(2).

In order to reclaim an exemption for LLMW, a facility must provide a
notice signed by the facility’s authorized representative and
submitted by certified delivery to EPA or the Authorized State as
required by §266.245(a)(2).  This notice must include the following:

An explanation of the circumstances of the failure(s);

Certification that all failures that caused the facility to lose the
exemption for its LLMW have been corrected and that the facility again
meets all of the conditions in §266.230 as of the date specified;

A description of the plan implemented, listing specific steps taken, to
ensure the conditions will be met in the future; and

Any additional information the facility would like to submit.

(ii)	Respondent Activities

Prepare and submit by certified delivery the written notification of
exemption loss;

Inform the EPA Region or the Authorized State of the failure (orally and
follow-up written notification) in cases of endangerment to human health
or the environment; and

Prepare and submit by certified delivery the notice reclaiming the
exemption for LLMW.

Record Keeping for Storage and Treatment Conditional Exemption

(i)	Data Items

In addition to those records required by the NRC or NRC Agreement State
license, all facilities subject to the mixed waste exemption
requirements must develop and maintain the following as required by
§266.250:

Initial notification records, return receipts, reports to EPA or the
Authorized State of failure(s) to meet the exemption conditions, and all
records supporting any reclaim of an exemption;

Records of LLMW annual inventories, and quarterly inspections;

Certification that facility personnel who manage stored mixed waste are
trained in safe management of LLMW including training in chemical waste
management and hazardous materials incidents response; and

Emergency plan as specified in §266.230(b).

(ii)	Respondent Activities

Maintain and update records of notifications, return receipts, failure
report(s), inventories, inspections, certifications, and the emergency
plans.

Transportation and Disposal Conditional Exemption

(i)	Data Items

Facilities claiming a Transportation and Disposal Conditional Exemption
must provide the following, as required by §266.345(a) and (b):

A written notification submitted to EPA or the Authorized State by
certified delivery prior to the first shipment of waste to the LLRWDF
that states that the facility is claiming the Transportation and
Disposal Conditional Exemption.  The notification must include the date
and the facility name, address, phone number, and RCRA ID number, as
required by §266.345(a).

A notification sent by certified delivery to the LLRWDF prior to each
shipment of exempted waste, as required by §266.345(b). 

(ii)	Respondent Activities

Prepare and submit the notification to EPA or the Authorized State and
prepare and submit the LLRWDF notifications.

Loss of Transportation and Disposal Conditional Exemption

(i)	Data Items

Owners or operators of facilities who fail to satisfy any of the
conditions for the transportation and disposal exemption for their waste
must provide the following:

A report signed by the facility’s authorized representative and
submitted by certified delivery within 30 days of becoming aware of the
failure, as required by §266.355(a)(1).

A description of the waste (including the waste name, hazardous waste
codes and quantity) that lost the exemption; and

The date(s) on which the facility failed to meet the condition(s) for
the waste.

If the failure may endanger human health or the environment, oral
notification to EPA or the Authorized State within 24 hours, followed by
a notification within five days, as required by §266.355(a)(2).

To reclaim the Transportation and Disposal Conditional Exemption for the
waste, another notification must be signed by the facility’s
authorized representative and submitted by certified delivery, as
required by §266.360(a)(2).  This notification must include:

An explanation of the circumstances of each failure;

A certification that all failures that caused the facility to lose the
exemption for the waste have been corrected and that the facility again
meets all of the applicable conditions for the waste as of the date
specified;

A description of the plan implemented, listing specific steps taken, to
ensure the conditions will be met in the future; and

Any additional information the facility would like to submit.

(ii)	Respondent Activities

Prepare and submit by certified delivery the report of the failure;

Inform EPA or the Authorized State of the failure (orally and follow-up
notification) in cases of endangerment to human health or the
environment; and

Prepare and submit by certified delivery the notice for reinstatement.

Record Keeping for Transportation and Disposal Conditional Exemption

(i)	Data Items

	In addition to those records required by the NRC or NRC Agreement State
license, facilities must develop and maintain the following items, as
required in §266.350:

All applicable existing records required under §§264.73, 265.73, and
268.7 to demonstrate that the facility’s waste has met LDR treatment
standards prior to claiming the exemption. [These are existing
recordkeeping requirements and are not burdened in this ICR.]

A copy of all notifications and return receipts sent under §§266.355
and 266.360 for three years after the exempted waste is sent for
disposal;

A copy of all notifications and return receipts required by §266.345(a)
for three years after the last exempted waste is sent for disposal; 

A copy of the notification and return receipt required by §266.345(b)
for three years after the exempted waste is sent for disposal; and

If the facility or its waste is not already subject to NRC or NRC
Agreement State equivalent manifest and transportation regulations for
the shipment of its waste, it must keep a copy of all other documents
related to tracking the exempted waste as required under 10 CFR 20.2006
or NRC Agreement State equivalent regulations, including applicable NARM
requirements, in addition to the records specified in §266.350(a)
through (d).

(ii)	Respondent Activities

Copy, when necessary, and maintain the records listed above.

4(b)(3)	Information Requested for Used Oil

Notification

(i)	Data Items

The data items required of used oil transporters for the above
activities include:  

A completed EPA Form 8700-12; or 

A letter requesting an EPA identification number.  The letter must
include the following information:

	Transporter company name;

	Owner of the transporter company;

	Mailing address for the transporter;

	Name and telephone number for the transporter point of contact;

	Type of transport activity;

	Location of all transfer facilities at which used oil is stored; and

	Name and telephone number for a contact at each transfer facility.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil transporters
must conduct the following activities:

Submit to EPA a completed EPA Form 8700-12 or a letter requesting an
identification number.

[Note:  This ICR does not address the requirement in 40 CFR 279.42 for
obtaining an EPA identification number.  Refer to the “Notification of
Regulated Waste Activity,” ICR Number 261, for this requirement.] 

B.	Used Oil Discharges

 (i)	Data Item

The data items required of used oil transporters for the above
activities include:  

Notification to local authorities of the used oil discharge.

(ii)	Respondent Activity

In order to comply with the above requirements, used oil transporters
must conduct the following activities:

Notify local authorities of the used oil discharge.

[Note: This ICR does not address the 49 CFR part 171 and 33 CFR part 153
notification requirements referenced in 40 CFR 279.43(c) since these
requirements are not under EPA’s jurisdiction.]

C.	Rebuttable Presumption for Used Oil 

(i)	Data Items

The data items required of used oil transporters for the above
activities include:  

A determination of whether the total halogen content of the used oil
being transported or stored at the transfer facility is above or below
1,000 ppm;

If the used oil contains greater than or equal to 1,000 ppm total
halogens, a demonstration that the used oil does not contain hazardous
waste; and

Records of analyses conducted or information used to demonstrate
compliance with the rebuttable presumption for used oil.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil transporters
must conduct the following activities:

Determine whether the total halogen content of used oil being
transported or stored at a transfer facility is above or below 1,000 ppm
by testing the used oil or applying knowledge of the halogen content of
the used oil in light of the materials or processes used;

If the used oil contains greater than or equal to 1,000 ppm total
halogens, rebut the hazardous waste presumption by demonstrating that
the used oil does not contain hazardous waste; and

Maintain records of analyses conducted or information used to
demonstrate compliance with the rebuttable presumption for used oil for
at least three years.

D.	Labels

(i)	Data Item

The data item required of used oil transporters for the above activities
include:  

Label with the words “Used Oil.”

(ii)	Respondent Activity

In order to comply with the above requirements, used oil transporters
must conduct the following activities:

Affix label with the words “Used Oil.”

E.	Tracking

(i)	Data Items

The data items required of used oil transporters for the above
activities include:  

Records of each used oil shipment accepted for transport, including the
following information:

	-- The name, address, and EPA identification number (if applicable) of
the generator, transporter, or processor/re-refiner who provided the
used oil for transport;

	-- The quantity of used oil accepted;

	-- The date of acceptance; and

	-- The signature, dated upon receipt of the used oil, of a
representative of the generator, transporter, or processor/re-refiner
who provided the used oil for transport.

Records of each used oil shipment sent to another used oil transporter,
or to a used oil burner, processor/re-refiner, or disposal facility,
including the following information:

	-- The name, address, and EPA identification number (if applicable) of
the receiving facility or transporter;

	-- The quantity of used oil delivered;

	-- The date of delivery; and

	-- The signature, dated upon receipt of the used oil, of a
representative of the receiving facility or transporter.

Records of each used oil shipment exported to any foreign country,
including the following information:

	-- The name, address, and EPA identification number (if applicable) of
the receiving facility or transporter;

	-- The quantity of used oil delivered; and

	-- The date of delivery.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil transporters
must conduct the following activities:

Prepare and maintain, for at least three year, a record of each used oil
shipment accepted for transport.

Prepare and maintain, for at least three years, a record of each used
oil shipment delivered to another used oil transporter, or to a used oil
burner, processor/re-refiner, or disposal facility.

Prepare and maintain, for at least three years, a record of each used
oil shipment exported to any foreign country.

F.	Arrangements with State and Local Authorities

(i)	Data Items

The data item required of used oil processors and re-refiners for the
above activities include: 

Documentation in the operating record of cases in which a State or local
authority declines to enter into an arrangement with the used oil
processor or re-refiner.

(ii)	Respondent Activity

In order to comply with the above requirements, used oil processors and
re-refiners must conduct the following activity:

Document in the operating record any case in which a State or local
authority declines to enter into an arrangement.

G.	Contingency Plan

(i)	Data Item

The data item required of used oil processors and re-refiners for the
above activities include: 

A contingency plan that includes the following information:

	-- A description of actions that facility personnel must take to comply
with §§279.52(b)(1) and 279.52(b)(6) in response to fires, explosions,
or any unplanned sudden or non-sudden release of used oil to air, soil,
or surface water at the facility;

	-- A description of arrangements with local police and fire
departments, hospitals, contractors, and State and local emergency
response teams to coordinate emergency services, pursuant to
§279.52(a)(6);

	-- An up-to-date list of names, addresses, and phone numbers of all
persons qualified to act as emergency coordinator;

	-- An up-to-date list of all emergency equipment at the facility,
including a physical description of each piece of equipment, its
location, and its capabilities; and

	-- An evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil processors and
re-refiners must conduct the following activities:

Collect the information necessary to develop the contingency plan;

Develop and maintain the contingency plan; and

Submit a copy of the contingency plan to all State and local authorities
that may be called upon to provide emergency services.

Review and amend the contingency plan, as necessary.

H.	Emergency Procedures

(i) 	Data Items

The data item required of used oil processors and re-refiners for the
above activities include:

Notification to the appropriate State and local agencies of an imminent
or actual emergency situation;

Notification to the appropriate local authorities, if the hazards
assessment indicates that evacuation of local areas may be advisable;

Emergency report to be submitted to either the OSC or the NRC.  The
report must include:

	-- Name and telephone number of reporter;

	-- Name and address of facility;

	-- Time and type of incident (e.g., release, fire);

	-- Name and quantity of material(s) involved, to the extent known;

	-- The extent of injuries, if any; and

	-- The possible hazards to human health, or the environment, outside
the facility.

After an emergency situation, notification to EPA and State and local
authorities that the facility is in compliance with
§§279.52(b)(6)(viii)(A) and (B);

Documentation of the emergency incident in the operating record; and

A written report on the emergency incident.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil processors and
re-refiners must conduct the following activities:

Notify the appropriate State and local agencies of an imminent or actual
emergency situation;

Collect information required for an emergency report;

Notify the appropriate local authorities, if the hazards assessment
indicates that evacuation of local areas may be advisable;

Submit an emergency report to either the OSC or the NRC;

Compile information that demonstrates that the facility is in compliance
with the waste compatibility and emergency equipment requirements in
§§279.52(b)(6)(viii)(A) and (B);

Prepare and submit notification demonstrating compliance to EPA and
local authorities;

Note in the operating record the time, date, and details of the
emergency incident;

Collect information required in the written report on the emergency
incident; and

Prepare and submit to EPA the written report on the emergency incident,
within 15 days after the emergency incident.

I.	Closure of Aboveground Tanks

(i)	Data Item

The data item required of used oil processors and re-refiners for the
above activities include:

A demonstration upon closure of a tank system that not all contaminated
soils can be practicably removed or decontaminated as required by
279.54(h)(1)(i).

(ii)	Respondent Activities

In order to comply with the above requirements, used oil processors and
re-refiners must conduct the following activities:

Prepare and submit to EPA a demonstration demonstrating that not all
contaminated soils can be practicably removed or decontaminated as
required by §279.54(h)(1)(i), if applicable.

J.	Analysis Plan

 (i)	Data Items

The data items required of used oil processors and re-refiners for the
above activities include:

A written analysis plan for the rebuttable presumption for used oil in
§279.53.  At a minimum, the plan must specify the following:  

	-- Whether sample analyses or knowledge of the halogen content of the
used oil will be used to make this determination;

	-- If sample analyses are used to make this determination:

The sampling method used to obtain representative samples to be
analyzed;

The frequency of sampling to be performed, and whether the analysis will
be performed on site or off site; 

The methods used to analyze used oil for the parameters specified in
§279.53;

	-- The type of information that will be used to determine the halogen
content of the used oil.

A written analysis plan for on-specification used oil fuel in §279.72. 
At a minimum, the plan must specify the following if §279.72 is
applicable:  

	-- Whether sample analyses or other information will be used to make
this determination;

	-- If sample analyses are used to make this determination:

The sampling method used to obtain representative samples to be
analyzed;

Whether used oil will be sampled and analyzed prior to or after any
processing/re-refining;

The frequency of sampling to be performed, and whether the analysis will
be performed on site or off site;

The methods used to analyze used oil for the parameters specified in
§279.72;

--The type of information that will be used to make the on-specification
used oil fuel determination.

(ii)	Respondent Activities

In order to provide the data items listed above, processors and
re-refiners must perform the following activities:

Develop a written analysis plan describing the procedures that will be
used to comply with the analysis requirements of §279.53 and, if
applicable, §279.72; 

Follow the analysis plan; and 

Maintain the analysis plan at the facility.

K.	Operating Record

 (i)	Data Items

The data items required of used oil processors and re-refiners for the
above activities include:

A written operating record at the facility that includes the following
information:

	-- Records and results of used oil analyses performed as described in
the analysis plan required under §279.55; and

	-- Summary reports and details of all incidents that require
implementation of the contingency plan as specified in §279.52(b).

(ii)	Respondent Activity

In order to comply with the above requirements, used oil processors and
re-refiners must conduct the following activity:

As information becomes available, record in the operating record the
results of used oil analyses performed as described in the analysis plan
required under §279.55 and summary reports and details of all emergency
incidents as specified in §279.52(b).

L.	Reporting

(i)	Data Items

The data items required of used oil processors and re-refiners for the
above activities include:

A letter containing the following information:

	-- The EPA identification number, name, and address of the processor or
re-refiner;

	-- The calendar year covered by the report; and

	-- The quantities of used oil accepted for processing/re-refining and
the manner in which the used oil is processed/re-refined, including the
specific processes employed.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil processors and
re-refiners must conduct the following activity:

Prepare and submit to EPA a biennial report (by March 1 of each even
numbered year) concerning used oil activities during the previous
calendar year.

M.	Notices

(i)	Data Item

The data item required of used oil burners for the above activities
include:  

A one-time written and signed notice certifying that:

	-- The burner has notified EPA of his location and has provided a
general description of his used oil management activities; and

	-- The burner will burn the used oil only in an industrial furnace or
boiler identified in §279.61(a).

(ii)	Respondent Activities

In order to comply with the above requirements, used oil burners must
conduct the following activities:

Provide a one-time written and signed certification to each generator,
transporter, or processor/refiner who ships used oil to the burner; and

Maintain the certification for three years after the date the burner
last receives a used oil shipment from that generator, transporter, or
processor/re-refiner.

N.	Analysis of On-specification Used Oil Fuel

 (i)	Data Items

The data item required of used oil marketers for the above activities
include:  

Records of analyses performed or copies of analyses or other information
documenting that the used oil fuel meets the specifications under
§279.11.

(ii)	Respondent Activities

In order to comply with the above requirements, used oil marketers must
conduct the following activities:

Perform used oil analyses or obtain copies of analyses or other
information documenting that the used oil fuel meets the specifications
under §279.11; and

Retain copies of analyses or other information used to make the
on-specification used oil fuel determination for three years.

O.	State Programs

(i)	Data Items

The data item required of States for the above activities include:  

A petition demonstrating the following:

	-- The State has a program in place to prevent the use of used
oil/hazardous waste mixtures or used oil exhibiting a characteristic
other than ignitability as a dust suppressant; and

	-- The program would minimize the impacts of use of dust suppressant on
the environment.

(ii)	Respondent Activities

In order to comply with the above requirements, States must conduct the
following activities:

Prepare and submit to EPA a petition to allow the use of used oil as a
dust suppressant.

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

5(a)	Agency (or Authorized State) Activities

Universal Waste

For the Universal Waste requirements, most information required of
Universal Waste handlers is maintained in records and therefore is not
formally submitted to EPA.  For the information that is submitted, the
Agency: reviews and files notifications of Universal Waste management;
sends an EPA identification number to Universal Waste handlers who wish
to exceed the 5,000 kilogram limit on accumulation; enters notification
information into a database; reviews and files notices of rejected or
illegal waste shipments; review petitions supporting regulation of a
waste or category of waste under the Part 273 Universal Waste
regulations; prepares and sends a written decision to the petitioner;
and compiles and files all information on the petition.

Mixed Waste

	

For Mixed Waste exemptions, EPA reviews notifications of intent to claim
an exemption, reviews the written notification of exemption loss,
reviews the oral and written follow up notice if the failure endangers
human health or the environment; and reviews notices reclaiming an
exemption. 

Used Oil

(a)	Notification

Agency activities associated with the requirement for used oil
transporters and transfer facilities to obtain an EPA identification
number include:

Reviewing the completed application;

Entering information into the RCRAInfo system;

Generating an EPA identification number; and 

Sending the EPA identification number to the used oil handler.

(b)	Rebuttable Presumption for Used Oil

Agency activities associated with the demonstration under section 279.44
that used oil containing greater than or equal to 1,000 ppm total
halogens does not contain hazardous waste may include:

Reviewing the demonstration; and 

Entering information into a database.

(c)	Emergency Procedures

Agency activities associated with the emergency procedures in section
279.52(b)(6) include:

Reviewing information in notification letters demonstrating that the
facility is in compliance with the waste compatibility and emergency
equipment requirements in §§279.52(b)(6)(viii)(A) and (B); and 

Reviewing information in written reports on emergency incidents.

(d)	Closure of Aboveground Tanks

Agency activities associated with the closure of above ground tanks
under section 279.54(h)(1) include:

Reviewing information submitted by used oil processors/re-refiners
demonstrating that not all contaminated soils can be practicable removed
or decontaminated as required by section 279.54(h)(1)(i); and 

Entering information into a database.

(e)	Reporting

Agency activities associated with the reporting requirements under
section 279.57(b) include:

Reviewing biennial reports concerning used oil activities conducted at
processing/re-refining facilities.

(f)	State Programs

Agency activities associated with the information collection
requirements under section 279.82(b) include:

Reviewing and approving/denying petitions submitted by State programs.

5(b)	Collection Methodology and Management

For the Universal Wastes requirements, most information can be
maintained in facility records rather than in submittals to EPA.  For
the information that must be submitted, EPA ensures the accuracy and
completeness of the collected information by reviewing each submittal. 
EPA enters information into a database and aggregates data to monitor
the Universal Waste program.

For the Mixed Waste exemptions, the reporting requirements are not
intended to provide EPA with data it will use for research; rather, they
are intended to serve as tools by which the Agency and respondents can
monitor compliance and assure that the conditions of the exemption are
met.  EPA only reviews notifications submitted by respondents and, if
necessary, notify them of any actions taken by the Agency or required of
the respondent.

For Used Oil, in collecting and analyzing the information required under
the part 279 requirements, EPA uses equipment such as personal computers
and applicable data base software, when appropriate.  EPA will ensure
the accuracy and completeness of the collected information by reviewing
each submittal.  EPA will enter the information obtained into a
database, as appropriate aggregate data to monitor the used oil
management program. 

5(c)	Small Entity Flexibility

For the Universal Waste requirements, EPA exempted SQHUWs from several
administrative requirements.  For example, EPA does not require SQHUWs
to submit notifications of Universal Waste management, or to obtain an
EPA identification number.  EPA also does not require SQHUWs to track
(keep records of) their Universal Waste shipments.  EPA believes these
exemptions encourage small businesses to safely manage Universal Waste
in compliance with Part 273.  In addition, EPA allows Universal Waste
generators to count their monthly generation of Universal Wastes
separately from their other hazardous wastes in determining their
regulated status under 40 CFR 261.5.  Generators who generate 100
kilograms of Universal Waste or less in a calendar month may comply with
the Universal Waste regulations or the exemption in section 261.5.

For the Mixed Waste exemptions, the information collection requirements
do not adversely impact small entities.  The exemptions are
self-implementing and intended to provide regulatory relief.  Facilities
would not claim the exemption for the waste unless, by doing so, they
expect to save time and/or money.  Additionally, these requirements
apply equally to small and large entities and will not impose a
disproportionate burden on either.

For Used Oil, in promulgating the used oil management regulations
covered in this ICR, EPA considered the reporting and recordkeeping
burden for small businesses.  The regulations in part 279 allow used oil
handlers to maintain most information in facility records rather than in
submittals to EPA, thus reducing time and costs for providing
information.  In addition, the used oil management system is a
regulatory relief initiative that should reduce regulatory burden and
costs for all used oil handlers, but should particularly benefit small
entities.

5(d)	Collection Schedule

For the Universal Waste requirements, EPA expects LQHUWs to submit
notifications of Universal Waste management before they meet or exceed
the 5,000 kilogram accumulation limit.  EPA expects any Universal Waste
handler to notify EPA if it receives an illegal shipment of waste.  EPA
expects to receive petitions under sections 273.80 and 273.81 if and
when an organization believes that a waste or category of waste should
be subject to the Part 273 Universal Waste regulations rather than full
Subtitle C requirements.

For the Mixed Waste exemptions, respondents wishing to claim a storage
or treatment exemption for their LLMW must do so within 90 days of the
date on which the unit is first used to store conditionally exempt LLMW.
 If a facility fails to meet any of the conditions specified in section
266.230, the facility must report to EPA or the Authorized State and the
NRC or the oversight agency in the NRC Agreement State in writing by
certified delivery within 30 days of learning of the failure, as
required by section 266.240(a)(1).  If the failure to meet any of the
conditions may endanger human health or the environment, the facility
must notify EPA or the Authorized State orally (within 24 hours) and
follow up with written notification within five days, as required by
section 266.240(a)(2).  Respondents wishing to claim a transportation
and disposal exemption may do so any time they generate a waste stream
that meets the conditions of the exemption.  They must submit a
notification to EPA or the Authorized State prior to the initial
shipment claiming the exemption.  In addition, for wastes that no longer
meet the conditions for exemption, a respondent has 30 days after
learning of the failure to submit a notification, as required by section
266.355(a)(1).  If the failure to meet any of the conditions may
endanger human health or the environment, the facility must also
immediately notify EPA or the Authorized State orally within 24 hours
and follow up with a notification within five days, as required by
section 266.355(a)(2).

For Used Oil, EPA collects information under the part 279 regulations on
a one-time or as-needed basis (e.g., notifications, demonstrations). 
However, in the event that a release, fire, or explosion occurs, used
oil processors/re-refiners must inform EPA and appropriate State and
local authorities that the facility is in compliance with the waste
compatibility and emergency equipment requirements in section
279.52(b)(6) before operations are resumed.  Within 15 days after the
incident, processors/re-refiners must submit a written report on the
incident to EPA, as required by sections 279.52(b)(6)(ix).  In addition,
under section 279.57(b), processors/re-refiners are required to report
to EPA, in the form of a letter, on a biennial basis (by March 1 of each
even numbered year), specified information concerning used oil
activities during the previous calendar year.

6.	ESTIMATING THE BURDEN AND COST OF COLLECTION 

6(a)	Estimating Respondent Burden

The respondent burden estimates for this information collection are
presented in Exhibits 1 through 10.  The exhibits estimate the number of
hours required to conduct each individual information collection
activity and the cost associated with that activity.  The exhibits also
show the total annual burden and costs for conducting all of the
activities.

6(b)	Estimating Respondent Costs

For purposes of this analysis, EPA estimates an average hourly
respondent labor cost (including fringe and overhead) of $81.13 for
legal staff, $65.61 for managerial staff, $36.34 for technical staff,
and $17.99 for clerical staff.  These respondent labor costs were
generated from data obtained from the US Bureau of Labor Statistics
(BLS) Occupational Employment Statistics (OES) for May 2006 National
Occupational Employment and Wage Estimates (averages across all NAICS
codes):   HYPERLINK "http://www.bls.gov/oes/current/oes_nat.htm" 
http://www.bls.gov/oes/current/oes_nat.htm .

  Loaded wage rates estimated by multiplying the BLS unloaded wage rates
by 1.4845, which represents addition of two cost factors (i.e., Federal
government civilian wage full fringe benefit cost factor of 36.45%, plus
12% overhead cost factors) from Figure C1 of the 29 May 2003 OMB
Circular A-76:  Performance of Commercial Activities:   HYPERLINK
"http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.h
tml" 
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml .

6(c)(1)	Estimating Federal Agency Burden and Costs

EPA estimates an average hourly respondent labor cost (including
overhead) of $83.28/hr for legal staff, $70.01/hr for managerial staff,
$29.42/hr for technical staff, and $23.50/hr for clerical staff.  

To derive these hourly estimates, EPA referred to the US Bureau of Labor
Statistics (BLS) Occupational Employment Statistics (OES) for May 2006
at:    HYPERLINK "http://www.bls.gov/oes/current/naics4_999100.htm" 
http://www.bls.gov/oes/current/naics4_999100.htm  

The loaded wage rates above were calculated by multiplying the BLS
unloaded wage rates by 1.4845, which represents addition of two cost
factors (i.e., civilian position full fringe benefit cost factor of
36.45%, plus 12% overhead cost factor) from Figure C1 of OMB Circular
A-76 to be used to reflect the full cost of government employees:   
HYPERLINK
"http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.h
tml" 
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml .

	Only 6% of the burden and costs associated with this ICR are Federal
Agency burden, the rest is administered by U.S. States and Territories.

6(c)(2)	Estimating State Agency Burden and Costs

	The State Agency burden associated with this information collection are
presented in Exhibits 11 through 13.  State Agencies are responsible for
94% of the administering of the programs covered by 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.  

	These State government employee unloaded average (mean) wage rates were
generated from the US Bureau of Labor Statistics (BLS) Occupational
Employment Statistics (OES) for May 2006 at:   HYPERLINK
"http://www.bls.gov/oes/current/naics4_999200.htm" 
http://www.bls.gov/oes/current/naics4_999200.htm . 

	OMB does not publish a state government wage rate loading cost factor;
thus the same OMB cost factor for Federal government labor is applied in
this table above.  The loaded wage rates above were calculated by
multiplying the BLS unloaded wage rates by 1.4845, which represents
addition of two cost factors (i.e., civilian position full fringe
benefit cost factor of 36.45%, plus 12% overhead cost factor) from
Figure C1 of OMB Circular A-76 to be used to reflect the full cost of
government employees:
http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.ht
ml.

6(d)(1)	Estimating the Respondent Universe for Universal Waste

The Universal Waste management system covers handlers of hazardous waste
batteries, pesticides, mercury-containing equipment, and lamps. 
Hazardous waste batteries consist of sealed nickel-cadmium (n-c)
batteries, vented n-c batteries, and mercuric oxide batteries. 
Hazardous waste pesticides consist of pesticides that are recalled by a
manufacturer, and unused pesticides that are collected and managed as
part of a waste pesticide collection and disposal program administered
or recognized by a state.  Hazardous waste mercury-containing equipment
consists of thermostats, barometers, manometers, and mercury switches
such as light switches in automobiles.  Hazardous waste lamps consist of
the bulb or tube portion of an electric lighting device, such as
fluorescent, high intensity discharge, neon, mercury vapor, high
pressure sodium, and metal halide lamps. 

Reading the Regulations

EPA expects that all Universal Waste handlers and destination facilities
will spend 0.5 hours each year reading the applicable regulations. 

Notification

All LQHUWs are required to send to EPA a written notification of
Universal Waste management under section 273.32.  However, the following
LQHUWs do not need to notify: (1) a LQHUW that has already notified EPA
of its hazardous waste activities and received an EPA Identification
Number; and (2) a LQHUW of exclusively recalled Universal Waste
pesticides that has sent notification to EPA required under FIFRA
section 19(b) and 6(b).  EPA estimates that 20 percent of LQHUWs need to
notify EPA of their activities each year.

Labeling/Marking

All SQHUWs and LQHUWs must label or mark their Universal Waste for
identification purposes.  EPA expects that all SQHUWs and LQHUWs label
or mark containers, tanks, and transport vehicles used to store
Universal Waste.  Handlers are not expected to mark each individual
piece of Universal Waste but rather accumulate them in clearly marked
containers and vehicles, thus minimizing the recordkeeping burden.

Storage Time Limits

EPA expects all handlers subject to the Universal Waste management
system to keep records under sections 273.15 and 273.35 that demonstrate
how long their waste has been stored.  EPA estimates that 80 percent of
handlers make this demonstration by labeling storage containers or
storage areas with the earliest date that Universal Waste became a waste
or was received.  EPA estimates that the other 20 percent of facilities
use a standard business practice to account for storage time; these
facilities therefore are not burdened in this ICR.

Off-Site Shipments

All SQHUWs, LQHUWs, and destination facilities are required to notify an
originating handler if a Universal Waste shipment is rejected.  (See
Table 3 for the estimated number of total shipments sent and received by
Universal Waste handlers.)  EPA estimates that 0.5 percent of all
shipments received by SQHUWs, LQHUWs, and destination facilities are
rejected. 

All SQHUWs, LQHUWs, and destination facilities also are required to
notify EPA if they receive a shipment containing hazardous waste that is
not a Universal Waste.  EPA estimates that 0.25 percent of all shipments
received are illegal shipments. 

Responses

Responses are calculated from the number of shipments shipped and
received.

Table 1

Estimated Annual Number of Universal Waste Shipments and Responses

Facility Type	

Number	

Shipments per Handler	

Number of Shipments	

Number of Responses



SQHUWs	

120,231	

1	

120,231	

120,231



LQHUWs	

1,326	

2	

2,652	

2,652



Destination Facilities	

60	

3	

180	

180



Total	

121,617	

n/a	

123,063	

123,063



Tracking Shipments

Table 1 presents the estimated number of Universal Waste shipments each
year.  LQHUWs and destination facilities are required under sections
273.39(a) and 273.62(a) to keep records of each shipment of Universal
Waste received.  EPA estimates that 75 percent of all Universal Waste
shipments are received by destination facilities, with the remaining 25
percent received by LQHUWs for consolidation and eventual shipment. 

LQHUWs also are required under section 273.39(b) to keep records of each
Universal Waste shipment sent off-site to another facility. 

Petitions to Include Other Wastes under 40 CFR Part 273

EPA expects that each year, one organization will prepare and submit a
petition supporting regulation under Part 273 for a waste or waste
category.

All the respondent burden associated with the Universal Waste
requirements is summarized in Exhibit 2.

6(d)(2)	Estimating the Respondent Universe for Mixed Waste

Storage and Treatment Conditional Exemption

EPA estimates that approximately 27 sites will read the regulations for
the Storage and Treatment Conditional Exemption annually and that they
will spend approximately 3 hours per year reading the regulations.  

The conditions in section 266.230 include preparing and submitting a
notification to EPA or the Authorized State claiming the exemption and
preparing a certification that all facility personnel have been
appropriately trained.  According to the 2001 Hazardous Waste Report
Cycle, there were 83 handlers who claimed to have generated mixed waste.
 Over the three-year period of this ICR, an estimated 27 sites (83 sites
/ 3 years = 27 sites) will perform these activities each year.  (Note
that EPA expects that facilities claiming the exemption for more than
one storage unit would submit a single notification for all units, as
opposed to a separate notification for each unit.)

In addition, these facilities must also inventory their conditionally
exempt LLMW at least annually, inspect the conditionally exempt LLMW at
least quarterly (83 sites * 4 inspections = 332 inspections annually),
and document the findings of these efforts.  Finally, they must
maintain, on site, a copy of an emergency plan and provide it to local
authorities.  Note that licensees are already subject to existing
inspection, inventory, and emergency preparedness and contingency
planning requirements under the NRC regulations.  EPA therefore does not
expect licensees to see much additional incremental burden from the
storage exemption for these activities

Licensees would lose the exemption if their LLMW failed to satisfy any
of the conditions listed at section 266.230.  Based on its best
judgment, EPA estimates that, each year, five percent of licensees (83
sites * 0.05 = 4 sites) would need to report to EPA or the Authorized
State their failure to meet a condition.  Of these, an estimated one
percent (4 sites * 0.01 = 0 sites) would need to telephone EPA and
follow up with a written report, informing the Agency of a threat to
human health or the environment.

Licensees that lose the exemption for their LLMW must notify EPA or the
Authorized State to reclaim the exemption.  EPA estimates that all of
the licensees losing the exemption each year (4 sites) will provide
notice to EPA or the Authorized State that they are reclaiming the
exemption.  

These assumptions are reflected in Exhibit 3.

Transportation and Disposal Conditional Exemption

EPA estimates that approximately 17sites will read the Transportation
and Disposal Conditional Exemption regulations annually and that they
will spend approximately 3 hours per year reading the regulations.

Based on an analysis of the National Profile on Commercially Generated
Low-Level Radioactive Mixed Waste (National Profile), EPA estimates that
about 46 licensed nuclear power reactors in the U.S. generate listed
LLMW and would treat it on site and claim the disposal exemption.  EPA
also estimates that four commercial mixed waste treatment facilities
would claim the disposal exemption for their treated eligible mixed
waste.  In total, EPA estimates that about 50 licensees would claim the
disposal exemption.  Each of these licensees is expected to read the
regulations once over the three-year life of this ICR (50 sites / 3
years = 17 sites/yr).

For the purposes of this analysis, EPA assumes that no other licensee
generators would claim the exemption.  Rather, these licensees would
send their eligible waste to a commercial mixed waste treater in
compliance with the full RCRA regulations, as applicable

As required by section 266.345(a), licensees must submit a one-time
notice to EPA or the Authorized State stating that they are claiming the
exemption prior to the initial shipment of an exempted waste to the
LLRWDF.  This ICR estimates that 17 licensees will submit a notification
to EPA or the Authorized State each year (50 sites / 3 years = 17
sites/yr). 

Further, licensees must also submit a notification to the LLRWDF prior
to each shipment of exempted waste.  Based on its best professional
judgment, EPA assumes that each of the 46 nuclear power reactors
qualifies as a RCRA large quantity generator (i.e., for their eligible
mixed waste and other hazardous wastes generated).  EPA estimates these
reactors would send, on average, four shipments of exempted waste
offsite each year (i.e., once every 90 days).  In total, EPA estimates
these nuclear reactors would make about 184 shipments in total each
year.  In addition, EPA estimates that the four commercial mixed waste
treatment facilities will each send one shipment of exempted waste to
the LLRWDF each year (4 shipments/yr).  That is, EPA expects these
facilities to store their treated waste on site during the year in order
to minimize the number of shipments to the LLRWDF.  In total, EPA
estimates that these generator and treater licensees would make 188
shipments of exempted waste annually and that they would therefore need
to prepare and submit 188 notifications to LLRWDFs annually.

Note that once the eligible mixed waste is placed on the truck en route
to the LLRWDF, it exits RCRA Subtitle C regulation.  The licensees need
not prepare a RCRA manifest for the shipment; however, they must
transmit the NRC Uniform LLW Manifest (not burdened in this ICR).

Any waste will automatically lose its exemption if it is not managed in
accordance with all of the applicable conditions specified in section
266.315.  EPA or the Authorized State may conduct inspections and audits
of the generator of the waste and any other person claiming the
exemption.  If the claimant fails to satisfy any of the specified
conditions, the conditional exemption would be void.  The claimant must
notify EPA or the Authorized State of the failure within 30 days from
the date when the failure becomes known.  Based on its best professional
judgment, EPA estimates that, each year, about five percent of licensees
(50 sites * 0.05 = 3 sites) would submit this notification.  Of these,
an estimated one percent (3 sites*0.01 = 0 sites) would need to
telephone EPA or the Authorized State and follow up with a report
because the failure threatens human health or the environment.

Licensees may regain the exempt status for their eligible waste, as
provided by section 266.360.  Licensees must notify EPA or the
Authorized State that they are re-claiming the exemption.  EPA estimates
that all of the licensees that lose an exemption (3 sites annually)
would apply to have their exemption reinstated.

Licensees claiming the exemption must maintain records as specified at
section 266.350 (e.g., copy of notifications, return receipts).  EPA
estimates that each of the 50 licensees claiming the exemption would
need to keep and update these records annually.

All the respondent burden associated with Mixed Waste exemptions is
summarized in Exhibit 4.

6(d)(3)	Estimating the Respondent Universe for Used Oil

Based on an analysis of readily available data, EPA estimates that 379
used oil transporters and transfer facilities will be subject to the
information collection requirements in part 279, subpart E during the
three-year period of this ICR.

In addition, based on previous consultations with industry
representatives, EPA estimates that 150 used oil processors/re-refiners,
on average, will be subject to the information collection requirements
in part 279, subpart F during the three-year period of this ICR.  EPA
also estimates that 750 used oil burners will be subject to the
information collection requirements in part 279, subpart G.

EPA further estimates that 340 used oil fuel marketers are subject to
the information collection requirements in part 279, subpart H.

Table 2 shows the estimated number of used oil handlers subject to the
information collection requirements covered in this ICR.

Table 2

Number of Respondents Subject to the Used Oil Requirements

Type of Respondent	

Number of Respondents



Used oil transporters and transfer facilities	

379



Used oil processors and re-refiners	

150



Burners of off-specification used oil	750



Used oil fuel marketers	340



Total	1,619



All the respondent burden associated with the Used Oil Management
Standards is summarized in Exhibit 10.

6(e)	Bottom Line Burden Hours and Costs

(i)	Respondent Tally

Table 3 summarizes all the annual respondent burden in hours and cost
for this ICR. 

 



Table 3

Summary of Annual Respondent Bottom Line Hours and Costs

	

Universal Waste	

Mixed Waste	

Used Oil	

Total



Number of respondents	

121,617	

44	

1,619	

123,280



Total annual responses	

123,063	

948	

1,619	

125,630



Total annual hours for reporting	

175,948	

347	

442,073	

618,368



Total annual hours for recordkeeping	

12,426	

133	

18,213	

30,772



Total annualized capital/startup costs 	

$1,665	

$0	

$0	

$1,665



Total annual O&M costs	

$483	

$966	

$10,001,301	

$10,002,750



(ii)	State Agency Tally

Exhibits 11 through 13 show the calculations for the total annual State
Agency burden and costs associated with this ICR.  For the Universal
Waste requirements, EPA estimates an annual State Agency burden of 1,672
hours and a cost of $73,189.  For the Mixed Waste exemptions, EPA
estimates an annual State Agency burden of 19 hours and a cost of $568. 
For the Used Oil Management Standards, EPA estimates an annual State
Agency burden of 304 hours and a cost of $9,509.  The total annual State
Agency burden for this ICR is therefore 1,995 hours and $83,266.

(iii)	Federal Tally

Most States have assumed the programs covered by this ICR, however,
there are 6% of the total universe is still administered by EPA Regions.
 The total burden to the Federal government is estimated at $4,000.

6(f)	Reasons for Change in Burden

The total annual hourly burden of this ICR is estimated to be 649,140
hours.  This represents a 455,906 increase over the currently approved
hourly burden.  This increase is due to the consolidation of this ICR
with the Used Oil Management Standards Recordkeeping and Reporting
Requirements ICR.  In addition, the 2005 final rule on
Mercury-Containing Equipment also increased the burden for the Universal
Waste portion of this ICR.  There is an increase of $10,000,415 in
annualized capital/start-up and operations and maintenance costs.

6(g)	Burden Statement

The annual public reporting burden for this collection of information is
estimated to average 4.9 hours per response.  The total public
recordkeeping burden for the Universal Waste requirements is estimated
to average 0.2 hours per response.  

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

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

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











 Klein, J.A., J.E. Mrochek, R.L. Jolley, I.W. Osborne-Lee, A.A. Francis
and T. Wright, National Profile on Commercially Generated Low-Level
Radioactive Mixed Waste, Oak Ridge Laboratory, prepared for the U.S.
Nuclear Regulatory Commission and the U.S. Environmental Protection
Agency, December 1992.

 The four treatment facilities include Envirocare of Utah, DSSI, NSSI,
and Perma-Fix Environmental Services.  See EPA(s web site,
www.epa.gov/radiation/mixed-waste, for a description of these
facilities.

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