SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 0976.15

“2011 HAZARDOUS WASTE REPORT, NOTIFICATION OF REGULATED WASTE
ACTIVITY, AND PART A HAZARDOUS

WASTE PERMIT APPLICATION AND MODIFICATION” 

August  2011

Office of Resource Conservation and Recovery

United States Environmental Protection Agency

Washington, D.C. 20460

TABLE OF CONTENTS

  TOC \o "1-2" \h \z \u    HYPERLINK \l "_Toc240297006"  1.
IDENTIFICATION OF THE INFORMATION COLLECTION	  PAGEREF _Toc240297006 \h 
3  

  HYPERLINK \l "_Toc240297007"  1(a)	TITLE AND NUMBER OF THE INFORMATION
COLLECTION	  PAGEREF _Toc240297007 \h  3  

  HYPERLINK \l "_Toc240297008"  1(b)	CHARACTERIZATION OF THE INFORMATION
COLLECTION	  PAGEREF _Toc240297008 \h  3  

  HYPERLINK \l "_Toc240297009"  2.	NEED FOR AND USE OF THE COLLECTION	 
PAGEREF _Toc240297009 \h  11  

  HYPERLINK \l "_Toc240297010"  2(a)	NEED AND AUTHORITY FOR THE
COLLECTION	  PAGEREF _Toc240297010 \h  11  

  HYPERLINK \l "_Toc240297011"  2(b)	PRACTICAL UTILITY AND USERS OF THE
DATA	  PAGEREF _Toc240297011 \h  12  

  HYPERLINK \l "_Toc240297012"  3.	NONDUPLICATION, CONSULTATIONS, AND
OTHER COLLECTION CRITERIA	  PAGEREF _Toc240297012 \h  15  

  HYPERLINK \l "_Toc240297013"  3(a)	NONDUPLICATION	  PAGEREF
_Toc240297013 \h  15  

  HYPERLINK \l "_Toc240297014"  3(b)	PUBLIC NOTICE	  PAGEREF
_Toc240297014 \h  15  

  HYPERLINK \l "_Toc240297015"  3(c)	CONSULTATIONS	  PAGEREF
_Toc240297015 \h  18  

  HYPERLINK \l "_Toc240297016"  3(d)	EFFECTS OF LESS FREQUENT COLLECTION
  PAGEREF _Toc240297016 \h  20  

  HYPERLINK \l "_Toc240297017"  3(e)	GENERAL GUIDELINES	  PAGEREF
_Toc240297017 \h  21  

  HYPERLINK \l "_Toc240297018"  3(f)	CONFIDENTIALITY	  PAGEREF
_Toc240297018 \h  21  

  HYPERLINK \l "_Toc240297019"  3(g)	SENSITIVE QUESTIONS	  PAGEREF
_Toc240297019 \h  22  

  HYPERLINK \l "_Toc240297020"  4.	THE RESPONDENTS AND THE INFORMATION
REQUESTED	  PAGEREF _Toc240297020 \h  23  

  HYPERLINK \l "_Toc240297021"  4(a)	RESPONDENTS AND NAICS CODES	 
PAGEREF _Toc240297021 \h  23  

  HYPERLINK \l "_Toc240297022"  4(b)	INFORMATION REQUESTED	  PAGEREF
_Toc240297022 \h  23  

  HYPERLINK \l "_Toc240297023"  5.	THE INFORMATION COLLECTED:  AGENCY
ACTIVITIES, COLLECTION

METHODOLOGY, AND INFORMATION MANAGEMENT	  PAGEREF _Toc240297023 \h  38  

  HYPERLINK \l "_Toc240297024"  5(a)	AGENCY ACTIVITIES	  PAGEREF
_Toc240297024 \h  38  

  HYPERLINK \l "_Toc240297025"  5(b)	COLLECTION METHODOLOGY AND
MANAGEMENT	  PAGEREF _Toc240297025 \h  41  

  HYPERLINK \l "_Toc240297026"  5(c)	SMALL ENTITY FLEXIBILITY	  PAGEREF
_Toc240297026 \h  41  

  HYPERLINK \l "_Toc240297027"  5(d)	COLLECTION SCHEDULE	  PAGEREF
_Toc240297027 \h  42  

  HYPERLINK \l "_Toc240297028"  6.	ESTIMATING THE HOUR AND COST BURDEN
OF THE COLLECTION	  PAGEREF _Toc240297028 \h  46  

  HYPERLINK \l "_Toc240297029"  6(a)	ESTIMATING RESPONDENT BURDEN HOURS	
 PAGEREF _Toc240297029 \h  46  

  HYPERLINK \l "_Toc240297030"  6(b)	ESTIMATING RESPONDENT COSTS	 
PAGEREF _Toc240297030 \h  51  

  HYPERLINK \l "_Toc240297031"  6(c)	ESTIMATING AGENCY HOUR AND COST
BURDEN	  PAGEREF _Toc240297031 \h  54  

  HYPERLINK \l "_Toc240297032"  6(d)	ESTIMATING RESPONDENT UNIVERSE AND
TOTAL HOUR

AND COST BURDEN	  PAGEREF _Toc240297032 \h  55  

  HYPERLINK \l "_Toc240297033"  6(e)	BOTTOM LINE HOUR AND COST BURDEN	 
PAGEREF _Toc240297033 \h  65  

  HYPERLINK \l "_Toc240297034"  6(f)	REASONS FOR CHANGE IN BURDEN	 
PAGEREF _Toc240297034 \h  65  

  HYPERLINK \l "_Toc240297035"  6(g)	PUBLIC BURDEN STATEMENT	  PAGEREF
_Toc240297035 \h  68  

 

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION

This Information Collection Request (ICR) is entitled “2011 Hazardous
Waste Report, Notification of Regulated Waste Activity, and Part A
Hazardous Waste Permit Application and Modification,” EPA ICR Number
0976.15.

	1(b)	CHARACTERIZATION OF THE INFORMATION COLLECTION

This is a request to renew two currently approved ICRs of the U.S.
Environmental Protection Agency (EPA):

“Notification of Regulated Waste Activity and 2009 Hazardous Waste
Report,” EPA ICR Number 0976.14 (OMB Control Number 2050-0024).  EPA
ICR Number 0976.14 addresses the following information collection
requirements:

Notification requirements under RCRA Section 3010; 40 CFR 260.42
(hazardous secondary material activity); 40 CFR Part 262, Subpart K
(alternative generator standards for academic laboratories); 40 CFR Part
273, Subpart C (universal waste activity); and 40 CFR Part 279 (used oil
activity).  EPA Form 8700-12 is used by facilities to satisfy this
requirement.

Hazardous Waste Report requirements of Sections 3002 and 3004 of RCRA,
as amended, which require reporting to EPA or to authorized States at
least every two years.  The Hazardous Waste Report [EPA Form 8700-13
Form A/B], or comparable State report, is used by generators and
treatment, storage, and disposal facilities (TSDFs) to satisfy this
requirement.

“RCRA Hazardous Waste Permit Application and Modification, Part A,”
EPA ICR Number 0262.12 (OMB Control Number 2050-0034).  Sections 3004
and 3005 of RCRA, as amended, require anyone who owns or operates a
facility where hazardous waste is treated, stored, or disposed to have a
RCRA hazardous waste permit issued by EPA.  There are two parts to a
RCRA hazardous waste permit application:  Part A and Part B.  Part A
consists of EPA Form 8700-23, or comparable State form, along with maps,
drawings, and photographs, as required by 40 CFR 270.13.  Part B
contains detailed, site-specific information.  There is no form for the
Part B Permit Application; rather, the Part B Permit Application must be
submitted in narrative form and contain the information described in
applicable sections of 40 CFR 270.14 through 270.27.  EPA ICR Number
0262.12 addresses the requirements of completing and submitting a Part A
Permit Application or modifying a hazardous waste permit by submitting a
revised application.  The information collection requirements associated
with the Part B Application are covered under a separate ICR.

EPA integrated the above two ICRs into this current ICR, EPA ICR Number
0976.15, to ensure consistency and minimize duplication in its burden
assumptions and estimates, since both ICRs address some of the same
reporting elements under their respective requirements.  In particular,
both ICRs address the use of the RCRA Subtitle C Site Identification
Form (i.e., the Site ID Form).  Specifically, the Notification and
Hazardous Waste Report ICR addresses:  (1) the requirements for all
regulated entities to submit the Site ID Form (or alternative document,
if specified) to notify EPA or the authorized State; and (2) the
requirements for large quantity generators (LQGs) and TSDFs to prepare
and submit the Site ID Form as part of their Hazardous Waste Report. 
The Part A ICR addresses the requirements for all owner/operators of
TSDFs to submit the Site ID Form as part of their Part A Permit
Applications or Part A Permit Modifications.  Incorporating these two
ICRs into this current ICR has allowed EPA to more comprehensively
estimate the burden of the Site ID Form and other collections, ensure
consistency and nonduplication in its analysis, and address recent
changes to the Site ID Form.

Sections 1 through 5 of this document describe the information
collection requirements covered in this ICR (e.g., in regard to need and
use of the information collected).  Section 6 estimates the annual hour
and cost burden to respondents and the Agency under these requirements. 


The following paragraphs briefly summarize the information collection
requirements covered in this ICR.  NOTE:  As used in this document, the
term “respondent” includes:

Hazardous waste facilities complying with the Hazardous Waste Report,
notification, and Part A Permit Application requirements covered in this
ICR.  This includes:

Private sector entities; and

State and local government agencies that are regulated entities.

State agencies administering the RCRA hazardous waste program.  

(1)	Hazardous Waste Report

RCRA Sections 3002 and 3004, as amended by the Hazardous and Solid Waste
Amendments of 1984 (HSWA), require reporting to EPA or to authorized
States at least every two years.  The Hazardous Waste Report [EPA Form
8700-13 Form A/B], or comparable State report, is used by generators and
TSDFs to satisfy this requirement.

Hazardous waste generators and TSDFs report information on the
quantities, type, and management method of generated hazardous wastes
and hazardous wastes received from off-site.  The data collected are
used by EPA’s Office of Resource Conservation and Recovery (ORCR) to
prepare a national report that is made available to Congress and the
public, summarizing hazardous waste generation and management
activities.  The data also are used by EPA and the States for
programmatic and regulatory needs. 

Notification of Regulated Waste Activity

Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

40 CFR 260.42(a) provides that hazardous secondary material generators,
tolling contractors, toll manufacturers, reclaimers, and intermediate
facilities managing hazardous secondary materials which are excluded
from regulation under section 261.2(a)(2)(ii) or section 261.4(a)(23),
(24), or (25) must send a notification prior to operating under the
exclusion(s) and by March 1 of each even numbered year thereafter to the
Regional Administrator using EPA Form 8700-12 (i.e., the Site ID Form)
that includes the specified information at section 260.42(a)(1)-(10).  

Section 260.42(b) provides that, if a hazardous secondary material
generator, tolling contractor, toll manufacturer, reclaimer or
intermediate facility has submitted a notification, but then
subsequently stops managing hazardous secondary materials in accordance
with the exclusion(s), the facility must notify the Regional
Administrator within thirty (30) days using EPA Form 8700-12.  For
purposes of this section, a facility has stopped managing hazardous
secondary materials if the facility no longer generates, manages and/or
reclaims hazardous secondary materials under the exclusion(s) and does
not expect to manage any amount of hazardous secondary materials for at
least one year.

Notification of Hazardous Waste Activity under RCRA Section 3010

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

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

Table 1

Hazardous Waste Notification Requirements

40 CFR Regulatory Citation	Regulated Entity

§262.12	Hazardous Waste Generators

§263.11	Hazardous Waste Transporters

§264.11	Permitted Hazardous Waste Treatment, Storage, and Disposal
Facilities (TSDFs)

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

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

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

§266.23	Users of Recyclable Materials in a Manner Constituting Disposal

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

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

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

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

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

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

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

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

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

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

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

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

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

§273.60(a)	Universal Waste Destination Facilities



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

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

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

 

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

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

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

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

Notification of Hazardous Waste Activity under 40 CFR Part 262, Subpart
K

(c1)	Intent to Comply with Subpart K and Recordkeeping of Agreements

	40 CFR 262.203(a) provides that an eligible academic entity must notify
the appropriate EPA Regional Administrator in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is
electing to be subject to the requirements of Subpart K for all the
laboratories owned by the eligible academic entity under the same EPA
Identification Number.  An eligible academic entity that is a
conditionally exempt small quantity generator (CESQG) and does not have
an EPA Identification Number must notify that it is electing to be
subject to the requirements of Subpart K for all the laboratories owned
by the eligible academic entity that are on-site.  An eligible academic
entity must submit a separate notification (Site ID Form) for each EPA
Identification Number (or site, for CESQGs) that is electing to be
subject to the requirements of Subpart K.

When submitting the Site ID Form, the eligible academic entity must, at
a minimum, fill out the fields on the form that are specified at section
262.203(b)(1)-(11).

Section 262.203(c) provides that an eligible academic entity must keep a
copy of the notification on file at the eligible academic entity for as
long as its laboratories are subject to Subpart K.

Section 262.203(d) provides that a teaching hospital that is not owned
by a college or university must keep a copy of its formal written
affiliation agreement with a college or university on file at the
teaching hospital for as long as its laboratories are subject to Subpart
K.

	Section 262.203(e) provides that a non-profit research institute that
is not owned by a college or university must keep a copy of its formal
written affiliation agreement with a college or university on file at
the non-profit research institute for as long as its laboratories are
subject to Subpart K.

(c2)	Withdrawal from 40 CFR Part 262, Subpart K

	40 CFR 262.204(a) provides that an eligible academic entity must notify
the appropriate EPA Regional Administrator in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is
electing to no longer be subject to the requirements of Subpart K for
all the laboratories owned by the eligible academic entity under the
same EPA Identification Number.  An eligible academic entity that is a
CESQG and does not have an EPA Identification Number must notify that it
is withdrawing from the requirements of Subpart K for all the
laboratories owned by the eligible academic entity that are on-site.  An
eligible academic entity must submit a separate notification (Site ID
Form) for each EPA Identification Number (or site, for CESQGs) that is
withdrawing from the requirements of Subpart K.

When submitting the Site ID Form, the eligible academic entity must, at
a minimum, fill out the fields on the form that are specified at section
262.204(b)(1)-(11).

	Section 262.204(c) provides that an eligible academic entity must keep
a copy of the withdrawal notice on file at the eligible academic entity
for three years from the date of the notification.

Notification of Universal Waste Activity under 40 CFR Part 273, Subpart
C

Large quantity handlers of universal waste must notify EPA of their
universal waste activities and obtain an EPA Identification Number. 
These notification requirements are codified at 40 CFR Part 273, Subpart
C.  Specifically, section 273.32(a) requires large quantity handlers of
universal waste to have notified EPA of their universal waste handling
activities and received an EPA Identification Number prior to meeting or
exceeding the 5,000 kilogram storage limit, unless they already have
notified EPA, as provided by section 273.32(a)(2) or 273.32(a)(3). 
Section 273.32(b) prescribes the contents of the notification.  Large
quantity handlers of universal waste have the option of using a letter
in lieu of submitting EPA Form 8700-12 (i.e., the Site ID Form).

Notification of Used Oil Activity under 40 CFR Part 279

Used oil handlers must notify EPA of their used oil management
activities and obtain an EPA Identification Number.  These notification
requirements are codified at 40 CFR Part 279.  (Refer to Table 2.) 
Specifically, sections 279.42, 279.51, 279.62, and 279.73 require used
oil transporters and transfer facilities, used oil processors and
re-refiners, burners of off-specification used oil, and used oil fuel
marketers, respectively, who have not previously complied with RCRA
Section 3010 requirements (under 40 CFR Part 266, Subpart E) to comply
with these requirements and obtain an EPA Identification Number.  These
used oil handlers have the option of using a letter in lieu of
submitting EPA Form 8700-12 (i.e., the Site ID Form).

Table 2

Used Oil Notification Requirements

40 CFR Regulatory Citation	Regulated Entity

§279.42	Used Oil Transporters and Transfer Facilities

§279.51	Used Oil Processors and Re-Refiners

§279.62	Burners of Off-Specification Used Oil

§279.73	Used Oil Fuel Marketers



Part A Hazardous Waste Permit Application and Modification

Part A Permit Application

	40 CFR Part 270 contains requirements for submitting and modifying a
Part A Permit Application.  The Part A Permit Application contains the
general information required in §270.13.  That information includes
names and addresses of the owner and operator of the facility and the
activities conducted at the facility that requires a RCRA permit. The
applicant must also provide information on the location of the facility,
including a map, and what hazardous wastes are being managed and the
processes involved in the waste management.  Section 270.11 specifies
the signature requirements for Part A Permit Applications and reports.  

Revised Part A Permit Applications and Associated Justifications and
Subpart H Compliance Demonstrations

Section 270.72 identifies the types of changes requiring interim status
facilities or owners/operators of permitted facilities with newly
regulated units to submit a revised Part A Permit Application,
associated justifications, and compliance demonstrations.  The changes
that require a revised Part A include managing wastes not listed on the
original Part A, increasing the design capacity of the facility, and
changing the processes or adding new units for treating, storing, or
disposing of the waste.  In all cases, the owner must include
justification for the change, and the Director must approve the changes.
 If the owner or operator changes, which also requires a revised Part A,
both the old and new owner or operator must demonstrate that the
financial responsibility requirements of 40 CFR part 265, subpart H will
continue uninterrupted during the change.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	NEED AND AUTHORITY FOR THE COLLECTION

(1)	Hazardous Waste Report

RCRA Sections 3002 and 3004 authorize the Hazardous Waste Report.  Both
sections require EPA to establish standards for recordkeeping and
reporting of hazardous waste.  Section 3002 applies to hazardous waste
generators and Section 3004 applies to hazardous waste TSDFs.  The
implementing regulations are found at 40 CFR parts 262.40(b) and (d);
262.41(a)(1)-(5), (a)(8), and (b); 264.75(a)-(e) and (j); 265.75(a)-(e)
and (j); and 270.30(l)(9).  This is mandatory reporting by the
respondents.

Section 3002(a)(6) requires submission of reports to EPA or the States
at least every two years on the:  (1) quantities and nature of hazardous
wastes that have been generated during the year and (2) disposition of
these hazardous wastes.

Section 3004(a) requires EPA to issue regulations establishing
performance standards applicable to owners and operators of facilities
for the treatment, storage, or disposal of hazardous waste that include
reporting and maintaining records of all hazardous wastes treated,
stored, or disposed and the manner in which such wastes were treated,
stored, or disposed.

There are a number of uses of the Hazardous Waste Report data.  EPA uses
these data for planning and developing regulations.  In addition,
Hazardous Waste Report data allows the Agency to determine whether its
regulations are having the desired effect on the generation and
management of hazardous waste.   For example, Hazardous Waste Report
data provides information on whether wastes have shifted from one method
of disposal to another.  Some State uses of Hazardous Waste Report data
include:  support of planning, fee assessment, compliance monitoring,
and enforcement.  

(2)	Notification of Regulated Waste Activity

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

Part A Hazardous Waste Permit Application and Modification

EPA promulgated regulations at 40 CFR 270.1 requiring owners or
operators of TSDFs to submit a Part A Permit Application.  EPA needs
information contained in the Part A Permit Application to identify the
person(s) legally responsible for hazardous waste activity, to determine
which facilities require permits under more than one program, to assess
potential for the facility to pollute nearby ground and surface waters,
to identify the time frame available for EPA to process permit
applications, and to define the specific wastes a facility is legally
allowed to handle for different purposes.  

EPA promulgated regulations at 40 CFR 270.72 outlining changes that
require owners or operators to submit revised Part A Permit
Applications.  Section 270.72(a)(1)-(3) requires owner/operators to
submit both a revised Part A Permit Application and a written
justification for changes in the design capacity of processes used at
the facility, and/or changes or additions in a facility's hazardous
waste treatment, storage, or disposal processes.  Under Section
270.72(a)(4), if an owner or operator changes ownership, or operational
control of a facility, the new owner or operator is required to submit a
revised Part A Permit Application, and a Subpart H compliance
demonstration.  EPA needs revised permit applications, justifications,
and compliance demonstrations to determine whether desired changes are
acceptable or should be more closely reviewed as part of a full permit
issuance process.  

2(b)	PRACTICAL UTILITY AND USERS OF THE DATA

(1)	Hazardous Waste Report

Implementation of the RCRA program requires the collection of
information on the characteristics of the regulated community generally
(e.g., number of generators and TSDFs), as well as the specific
characteristics of individual sites (e.g., waste handling activities
undertaken).  This information is used for waste activity monitoring,
compliance monitoring, technical assistance, program planning, waste
minimization, and other program activities taken by EPA and the States. 
The information is also used by public interest groups (such as the
Right-to-Know Network) and industry.  

The Hazardous Waste Report also provides information to States for
tracking shipments of waste.  Many States do not collect or track
manifests, which provide, information on off-site shipments of hazardous
waste; therefore, the Hazardous Waste Report serves as the only source
of this information. 

EPA compiles and publishes the National Biennial RCRA Hazardous Waste
Report based on the data for each odd number reporting year.  The
reports for 1991 to 2009 are available on the Internet at   HYPERLINK
"http://www.epa.gov/waste/inforesources/data/biennialreport/index.htm" 
http://www.epa.gov/waste/inforesources/data/biennialreport/index.htm .

EPA and the States have many uses for Hazardous Waste Report
information, including: 

Describing the various source activities that generate hazardous waste
and the generated waste types and quantities.

Describing the management methods by which the waste is treated,
disposed, or recycled and the quantities managed by each method.

Providing information for analysis of trends in waste generation, waste
treatment and disposal, recycling, and source reduction.

Understanding how much waste a State receives from out of State or sends
out of State.

Estimating available capacity for treating, recycling, and disposing
hazardous wastes.

Additionally, EPA utilizes the Hazardous Waste Report information for
planning and developing regulations; regulation development depends on
descriptions and quantities of generated hazardous waste and management
methods used for treatment, recycling, and disposal.  The information
allows the Agency to determine whether regulations are having the
desired effect on the generation and management of hazardous waste; for
example, the report provides information on whether the treatment of
wastes has shifted from one method to another.  EPA also uses the
information for conducting technical assistance, planning facility
inspections, and carrying out regulatory enforcement.  States use the
information for many of the same purposes as EPA; other State uses
include planning, setting waste minimization goals, assessing fees,
monitoring compliance, and carrying out enforcement.

EPA and States receive requests for the information from many public and
private organizations including government agencies, businesses, public
interest groups, and interested citizens.  Many requests come from
businesses that supply chemicals, equipment, and services to hazardous
waste generators and TSDFs.

(2)	Notification of Regulated Waste Activity

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

Part A Hazardous Waste Permit Application and Modification

EPA uses information in the Part A Permit Application to define which
processes can be used and which wastes can be handled at newly regulated
facilities subject to permitting requirements for the first time and
permitted facilities with newly regulated units.  This includes defining
allowable changes in facility operations and applies to new facilities
not yet constructed; newly regulated facilities subject to RCRA
permitting requirements for the first time; permitted facilities with
newly regulated units; and interim status facilities.  EPA uses
information in the Part A Permit Application to:

Set priorities for processing permit applications;

Respond to requests from hazardous waste generators for the names and
locations of facilities where they can send their waste for storage,
treatment, or disposal; 

Respond to public and Congressional inquiries regarding particular
hazardous waste management facilities; and

Ensure that facilities are not operating in a manner unprotective of
human health and the environment.

EPA uses information from revised Part A Permit Applications and
associated justifications and Subpart H compliance demonstrations to
determine whether desired changes are acceptable under interim status or
whether the change should be more closely reviewed as part of a full
permit issuance process.  In addition, modifying the Part A Permit
Application allows inspectors to have up-to-date information on major
aspects of the facility, including the size of the operation, the
hazardous wastes handled, and the types of processes used.  Without this
documentation, EPA would be unable to determine the owner or operator's
compliance with the management standards of 40 CFR Parts 264 or 265 or
the rules governing changes during interim status.  This documentation
is also useful for both EPA and the owner or operator in an enforcement
action.

3.	  SEQ CHAPTER \h \r 1 NONDUPLICATION, CONSULTATIONS, AND OTHER
COLLECTION CRITERIA

3(a)	NONDUPLICATION

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

The RCRA site identification information is collected on one common
form―the RCRA Subtitle C Site Identification Form―for the Hazardous
Waste Report, the Notification of Regulated Waste Activity, and the RCRA
Hazardous Waste Part A Permit Application.  A respondent may submit a
copy of a previously reported Site ID Form and note any changes; this
verifies and updates the site identification information.

3(b)	PUBLIC NOTICE

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice in the Federal Register on March 29, 2011 (76 FR 17414). 
The notice indicated that this ICR would combine the ‘‘Notification
of Regulated Waste Activity and 2011 Hazardous Waste Report’’ ICR
and the ‘‘RCRA Hazardous Waste Permit Application and Modification,
Part A’’ ICR.  The notice also requested comments on some proposed
changes to the Hazardous Waste Report form and instructions designed to
clarify long-standing points of confusion.  The public comment period
extended through May 31, 2011.  

EPA received four written comments in response to the Federal Register
notice.  These comments were submitted by the following organizations:  

Idaho Department of Environmental Quality;

Illinois Environmental Protection Agency;

Ohio Environmental Protection Agency; and

Texas Commission on Environmental Quality.

	The following paragraphs summarize the comments submitted by the above
organizations, along with EPA’s responses.

Scope of Hazardous Waste Reporting for Episodic Generators

In the Federal Register notice, EPA explained that episodic generators
are those generators that fluctuate between one generator status and
another (e.g., move from a SQG to a LQG) one or more times within a
calendar year.  However, it is unclear whether an episodic generator is
required to report only the hazardous waste they generated during the
months they were an LQG or whether they are required to report all
hazardous waste they generated during the reporting year.  EPA requested
public comment on modifying the Hazardous Waste instructions to better
clarify that LQGs submitting a Hazardous Waste Report must report
hazardous wastes they generated for all months of the reporting year.  

Summary of Comments:  Two commenters indicated that interpretation of
the current LQG regulations is that facilities are subject to the LQG
requirements for the months of the year in which they are a LQG.  They
stated that a site should not be required to report waste generation
activities for the months in which the site is a SQG, CESQG, or
Inactive.  One of these commenters also indicated that, in order to
implement the proposed change, EPA would have to change the regulations
for biennial reporting rather than change requirements in the Hazardous
Waste Report instructions.  The commenter further stated that Hazardous
Waste Report instructions are supplemental and should complement, not
contradict, the regulations.

EPA’s Response:  EPA agrees with the concerns raised by commenters and
therefore, has eliminated the proposed change from the 2011 Hazardous
Waste Report instructions and forms.

Enhancement of Waste Minimization Code List

In the Federal Register notice, EPA explained that, in response to both
existing and expanding objectives along with the regulatory reporting
requirement, the Agency initiated an effort in the 2009 Hazardous Waste
Report cycle to collect waste minimization data.  After the 2009 data
reporting cycle was complete, some States felt that there were too few
waste minimization codes to conduct meaningful analyses.  Adding more
detailed codes will help provide a better understanding of the dynamics,
and trends associated with waste minimization and sustainable materials
management nationally, regionally and by State, by industrial sector and
by waste stream. 

Summary of Comments:  Three commenters raised questions and concerns on
various issues associated with the enhancement of the waste minimization
code list.  A summary of their comments, by issue, is presented below:  

Use of the waste minimization data

Two commenters indicated that EPA does not give a clear description of
the proposed use of the waste minimization data and that, without a
planned use, the additional reporting burden is not justifiable.  One of
these commenters also indicated that it appears that the current waste
minimization code list satisfies the regulatory requirement and that an
expanded code list would not improve compliance.  

One commenter indicated that they have completed analyses using Toxic
Release Inventory (TRI) source reduction activity codes data that are
similar to the waste minimization codes being proposed.  Based on these
analyses, the commenter feels that the limited scope of the 2009 waste
minimization codes provides an inaccurate description of the overall
waste reduction effort completed by a generator since most waste
reduction efforts include a combination of activities that often change
within the course of the reporting period.  The commenter further states
that the proposed reporting system fails to account for the complexity
and process-specific nature of most hazardous waste generation
processes.

Data on new and on-going waste minimization efforts

One commenter indicated that the emphasis should be on recognizing newly
implemented or expanded projects, as opposed to reporting continuing
projects that have permanently changed a production process or operating
practice and result in no further waste minimization beyond the initial
implementation.  This commenter recommended changing the language in the
Hazardous Waste Report instructions to make it clear that data on new
efforts is being sought.  The commenter also suggested that, if
information will be collected on both new and on-going waste
minimization efforts, the reporting system needs to be revised in order
to distinguish between new and on-going efforts for a given reporting
year or over numerous reporting years.  This would require a new data
field, which means that companies that translate their data into the
reporting software are going to have to alter their software. The
commenter believes it is necessary to weigh the burden versus benefit.  


Another commenter recommended that, in order to make the data useful,
EPA should define a new baseline and require all ongoing and new
projects to be reported for that year.  In subsequent years, EPA should
only collect new waste minimization projects.  The commenter also
recommended that all ongoing and new waste minimization activities be
reported and that a waste minimization code be added which is
descriptive of successful ongoing activity and the addition of new
activities.

The third commenter indicated that, since all hazardous waste generators
are required to have a waste minimization “program in place,”
requiring the reporting of ongoing waste minimization efforts is
somewhat redundant.  Requiring the reporting of new waste minimization
efforts might be useful in demonstrating an increase or decrease in the
amount of waste minimization occurring.  However, these data would
provide little information beyond what could be obtained from measuring
the total amount of hazardous waste generated and dividing this by the
number of generators.  Therefore, the need for reporting of whether the
waste minimization activity is new or ongoing is of limited use and
should be discontinued.

Definition of “source reduction” and “waste minimization”  

One commenter indicated that EPA should clarify the terms “source
reduction” and “waste minimization.”  The proposed definitions may
lead to confusion as they do not define the difference between source
reduction (pollution prevention) and waste minimization.  The commenter
also recommended excluding waste minimization codes A, B, C, D, F, G,
and H to minimize the confusion of “source reduction” and “waste
minimization” and to ensure that the codes used are reflective of data
being collected on Form GM (i.e., waste generated).

Use of waste minimization data in trends analyses  

One commenter indicated that, if the waste minimization codes are going
to be used for trend analysis as suggested in the background paper, EPA
should provide at least one example of trend analysis that has been done
already for other information on the reports (e.g., source codes, form
codes).

EPA’s Response:  EPA thanks the commenters for their suggestions and
feedback.  EPA has deferred revisions, if any, to the waste minimization
code list until the 2013 Hazardous Waste Report cycle in order to have
adequate time to consider comments and conduct detailed analyses of the
waste minimization data currently being collected.  

3(c)	CONSULTATIONS

	Most of the data and assumptions in this ICR are based on EPA
consultations with industry and States, or data from the Resource
Conservation and Recovery Act Information (RCRAInfo) system.  In
developing this current ICR, EPA carefully reviewed all of the ICR’s
data and assumptions and determined that a few should be strengthened
based on additional consultations.  Specifically, EPA conducted
consultations on the ICR’s assumptions regarding the Hazardous Waste
Report.  

In conducting the consultations, EPA contacted the three State
organizations identified in Table 3.   

Table 3

Organizations EPA Contacted during the Development of this ICR (June
2011)

Organization	Contact Name	Phone Number

Florida Department of Environmental Protection	Jack Griffith	(850)
245-8748

Illinois Environmental Protection Agency	Hope Wright	(217) 785-2361

Ohio Environmental Protection Agency	Paula Canter	(614) 644-2917



The following paragraphs summarize the feedback obtained on the burden
associated with various Hazardous Waste Report activities.

Reading the instructions.  EPA was informed that, generally, the ICR’s
original burden for reading the Hazardous Waste Report instructions
(i.e., 2 hours per facility) was a realistic industry average.  However,
some revisions to this burden estimate were provided.  Suggested burdens
ranged from 1.25 hours to 5 hours.  Based on the consultation
information, the average burden for reading the Hazardous Waste Report
instructions was estimated to be 2.76 hours per facility.  

Gathering information and preparing Form GM manually.  EPA was informed
that, generally, the ICR’s original burden for gathering information
and preparing a Form GM manually (i.e., 62 minutes per form) was not a
realistic industry average.  Suggested burdens ranged from 75 minutes to
90 minutes.  Based on the consultation information, the average burden
for gathering data (e.g., review manifests and/or other compiled data)
and completing Form GM by hand, by typewriter, or by key entering the
data using a computer was estimated to be 72 minutes per form.  

Gathering information and preparing Form GM by automated method.  EPA
was informed that, generally, the ICR’s original burden for gathering
information and preparing a Form GM by automated method (i.e., 10
minutes per form) was a realistic industry average.  However, some
revisions to this burden estimate were provided.  Suggested burdens
ranged from less than 1 minute to 15 minutes.  Based on the consultation
information, the average burden for completing Form GM using an
in-house, commercial, or State-provided data system (e.g., computer
software) was estimated to be 17 minutes per form. 

Gathering information and preparing Form WR manually.  EPA was informed
that the ICR’s original burden for gathering information and preparing
a Form WR manually (i.e., 48 minutes per form) was not a realistic
industry average.  Suggested burdens ranged from 15 minutes to 75
minutes.  Based on the consultation information, the average burden for
gathering data (e.g., review manifests and/or other compiled data) and
completing Form WR by hand, by typewriter, or by key entering the data
using a computer was estimated to be 54 minutes per form.  

Gathering information and preparing Form WR by automated method.  EPA
was informed that, generally, the ICR’s original burden for gathering
information and preparing a Form WR by automated method (i.e., 10
minutes per form) was a realistic industry average.  However, some
revisions to this burden estimate were provided.  Suggested burdens
ranged from less than 1 minute to 20 minutes.  Based on the consultation
information, the average burden for completing Form WR using an
in-house, commercial, or State-provided data system (e.g., computer
software) was estimated to be 19 minutes per form.

Revisions to in-house or commercial data system.  EPA was informed that
the ICR’s original burden for revising in-house or commercial data
systems to include new Hazardous Waste Report data items that are not
part of a facility’s general business operations (i.e., 1 hour per
facility) was a realistic industry average.  Based on the consultation
information, the average burden for revising in-house or commercial data
systems for purposes of the Hazardous Waste Report was estimated to be 1
hour per facility.

Submitting report to EPA or State.  EPA was informed that, generally,
the ICR’s original burden for submitting the Hazardous Waste Report to
EPA or the State (i.e., 5 minutes per facility) was not a realistic
industry average.  Suggested hourly burdens ranged from 10 minutes to 2
hours.  Based on the consultation information, the average hourly burden
for submitting the Hazardous Waste Report was estimated to be
1.34 hours per facility.  

The above feedback is reflected in the burden assumptions of this ICR,
as appropriate.  Detailed information on EPA’s assumptions regarding
these and other activities are fully discussed in Section 6 of this
document.  

3(d)	EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the information collection burden imposed
by the information collection requirements covered in this ICR.  EPA is
confident that those activities required of respondents are necessary,
and to the extent possible, the Agency has attempted to minimize the
burden imposed.  A number of the required activities, for example, will
be performed once (e.g., one-time notifications).  EPA believes strongly
that, if the minimum information collection requirements are not met,
EPA will not be able to ensure that hazardous waste and hazardous
secondary material is being properly managed and do not pose a threat to
human health and the environment.

Hazardous Waste Report

For the Hazardous Waste Report, the two-year cycle is statutorily
required.  Although some States collect information on an annual or
quarterly basis, EPA does not require more frequent data collection.

(2)	Notification of Regulated Waste Activity

New hazardous waste generators, transporters, or TSDFs must submit EPA
Form 8700-12 (i.e., the Site ID Form) and obtain an EPA Identification
Number prior to treating (including recycling), storing, transporting,
offering for transport, or disposing of hazardous waste.  Existing
hazardous waste generators, transporters, or TSDFs are required to
notify the Agency of their hazardous waste activity(ies) not later than
90 days after the promulgation or revision of regulations in 40 CFR Part
261 (identification and listing of hazardous wastes).  Owners or
operators of smelting, melting, and refining furnaces that process
hazardous waste either solely for metals recovery or for recovery of
economically significant amounts of certain precious metals under
sections 266.100(c)(1)(i) and 266.100(f)(1), respectively, and
facilities that qualify for the small quantity on-site burner exemption
under section 266.108(d) must provide a written, one-time notification
of their hazardous waste activities.  Under Section 273.32(a), large
quantity handlers of universal waste must submit a written, one-time
notification of universal waste management to the Regional Administrator
and obtain an EPA Identification Number before meeting or exceeding the
5,000 kilogram storage limit, unless they already have notified EPA, as
provided by section 273.32(a)(2) or 273.32(a)(3).  Under sections
279.42, 279.51, 279.62 and 279.73, used oil handlers who have not
previously complied with the notification requirement (under 40 CFR Part
266, Subpart E) must submit a written, one-time notification of used oil
management activities and obtain an EPA Identification Number.  Any
reduction in the frequency of this information collection would prevent
the Agency from meeting the statutory requirements of RCRA Section 3010.

Part A Hazardous Waste Permit Application and Modification

A respondent's provision of information on a Part A Permit Application
is essentially a one-time exercise that must occur when a facility is
new or if an existing facility becomes subject to new permitting
requirements.  Subsequent revisions to the Part A Permit Application are
necessary only if an interim status facility changes its ownership
and/or process or management of wastes.  EPA strongly believes that if
the minimum requirements specified under the regulations are not met,
neither the facilities nor EPA can ensure that hazardous wastes are
being properly managed, and do not pose a serious threat to human health
and the environment.  

3(e)	GENERAL GUIDELINES

	This ICR adheres to the guidelines stated in the Paperwork Reduction
Act of 1995, OMB’s implementing regulations, applicable OMB guidance,
and EPA’s ICR Handbook.  In addition, this information collection
complies with EPA’s Data Standards and Information Quality Guidelines.

3(f)	CONFIDENTIALITY

Hazardous Waste Report

The Hazardous Waste Report requires businesses to provide information on
various aspects of hazardous waste generation and management.  Some
businesses consider some of their hazardous waste information to be
Confidential Business Information (CBI).  A business may, if it desires,
protect its Hazardous Waste Report information from public disclosure by
asserting a claim of confidentiality covering all or part of its
information.  If a confidentiality claim were asserted, EPA will treat
the information in accordance with the confidentiality regulations at
40 CFR Part 2, Subpart B.  EPA also will ensure that the information
collection procedures comply with the Privacy Act of 1974 and the OMB
Circular 108.

(2)	Notification of Regulated Waste Activity

The Agency does not anticipate that businesses will assert a claim of
confidentiality covering all or part of the information submitted as
part of their notifications.  However, if a confidentiality claim were
asserted, EPA will treat the information in accordance with the
confidentiality regulations at 40 CFR Part 2, Subpart B.  EPA also will
ensure that the information collection procedures comply with the
Privacy Act of 1974 and the OMB Circular 108.

Part A Hazardous Waste Permit Application and Modification

All information submitted in a Part A Permit Application or revision
will be subject to public disclosure, without notice to the facility, in
accordance with the Freedom of Information Act, 5 U.S.C. Section 552,
and EPA Freedom of Information Regulations, 40 CFR Part 2.  Because of
the general nature of the information requested, only a few Part A
Permit Applications to date have qualified for exemption to disclosure
under the business confidentiality exception.  Claims of confidentiality
must be clearly indicated on the forms and attachments, and must be
accompanied, at the time of filing, by a written substantiation of the
claim in accordance with 40 CFR Part 2, Subpart B (particularly the
information described at 40 CFR 2.204(e)).  Information that is
determined to be confidential is placed in a secured "confidential file"
for future use.  Only persons with special clearance for confidential
information have access to these files.

3(g)	SENSITIVE QUESTIONS

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

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	RESPONDENTS AND NAICS CODES

The following is a list of North American Industry Classification System
(NAICS) codes associated with industries most likely affected by the
information collection requirements covered in this ICR.

NAICS Code Description	NAICS Code

Agriculture, Forestry, Fishing, and Hunting	11

Mining	21

Utilities	22

Construction 	23

Manufacturing	31-33

Wholesale Trade	42

Retail Trade	44-45

Transportation and Warehousing	48-49

Information	51

Finance and Insurance	52

Real Estate, Rental, Leasing	53

Professional, Scientific, and Technical Services	54

Management of Companies and Enterprises	55

Administrative Support, Waste Management, and Remediation	56

Educational Services	61

Health Care and Social Assistance	62

Arts, Entertainment, Recreation	71

Accommodation and Food Services	72

Other Services	81

Public Administration	92



4(b)	INFORMATION REQUESTED

Hazardous Waste Report

The Hazardous Waste Report consists of four forms:  RCRA Subtitle Site
Identification Form, Waste Generation and Management (Form GM), Waste
Received from Off-Site (Form WR), and Off-Site Identification (Form OI;
used only by States).  Only Large Quantity Generators and Treatment,
Storage, and Disposal Facilities are required to complete the Hazardous
Waste Report.

As with most of the RCRA program, the Hazardous Waste Report data
collection process is delegated to the States.  States provide
respondents with either the Federal form or a State equivalent, collect
the responses, contact non-respondents, enter the data (or load files if
the State employs electronic methods for preparation and submittal of
reports by regulated entities) into a database using off-the-shelf
software packages which have been developed to support the collection of
Hazardous Waste Report data, assure data quality, and forward the data
to EPA.

	States have discretion on the methods used to identify entities to whom
they distribute forms and the subsequent tracking of reports received. 
Most States generate mailing lists based on previous report submittals,
augmented by recent notifications of regulated activity.  Many States
levy fees based on the nature and extent of regulated activity
identified in the report.  EPA makes all reported data (except any that
may be claimed as CBI) available to the public on the Internet.  This
provides further incentive for sites (and also for States and EPA) to
ensure the information is complete and accurate because the public
regularly accesses this information.

(i)	Data Items:

RCRA Subtitle C Site Identification Form.  The Site ID Form must be
submitted by all sites required to file the Hazardous Waste Report. 
This form collects information such as site name, EPA Identification
Number, address, contact, and type of hazardous waste generation and
management activities taking place at the site; it verifies their
information, especially the site’s generator status as the date of
submission of the report.  It requires a certification signature for the
submission of the report.

Form GM - Waste Generation and Management.  Form GM must be submitted by
all respondents that generated or shipped large quantity generator
amounts of RCRA hazardous waste during the reporting year.  This form
collects information on each generated waste, including a narrative
waste description, a waste characterization (waste codes, source, and
form), quantity generated, and the method of waste management (whether
managed on-site or shipped off-site).

Form WR - Waste Received From Off-Site.  Form WR must be submitted by
all sites that received RCRA hazardous waste from off-site during the
reporting year.  This form collects information on each waste received
from off-site, including a narrative description of the waste, a brief
waste characterization (e.g., waste codes), the EPA Identification
Number of the off-site generator, the quantity of waste received, and
the method of waste management.

Form OI - Off-Site Identification.  Form OI is not required by EPA;
rather, it is provided as an option for States to collect the names and
addresses of transporters, generators that ship waste, and receivers of
waste reported on Forms GM and WR where only the EPA Identification
Number is listed.

	(ii)	Respondent Activities:

Facilities (i.e., LQGs and TSDFs) must perform the following activities,
as applicable:

Read the Hazardous Waste Report instructions.

Gather information and complete Site ID Form.

Gather information and complete Form GM.

Gather information and complete Form WR.

Gather information and complete Form OI if required by the State
(State-optional form, not a Federal form).

Submit the report to the State (or EPA Regional Office for some States
and Territories).

Maintain a copy of each form for three years.

State agencies must perform the following activities:

Distribute Hazardous Waste Report forms and instructions.  

Assist respondents.  

Key entry of report submissions.  

Perform quality assurance.  

(2)	Notification of Regulated Waste Activity

(a)	Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

40 CFR 260.42(a) provides that hazardous secondary material generators,
tolling contractors, toll manufacturers, reclaimers, and intermediate
facilities managing hazardous secondary materials which are excluded
from regulation under section 261.2(a)(2)(ii) or section 261.4(a)(23),
(24), or (25) must send a notification prior to operating under the
exclusion(s) and by March 1 of each even numbered year thereafter to the
Regional Administrator using the RCRA Subtitle C Site Identification
Form (EPA Form 8700-12) that includes the specified information at
section 260.42(a)(1)-(10).  

Section 260.42(b) provides that, if a hazardous secondary material
generator, tolling contractor, toll manufacturer, reclaimer or
intermediate facility has submitted a notification, but then
subsequently stops managing hazardous secondary materials in accordance
with the exclusion(s), the facility must notify the Regional
Administrator within thirty (30) days using EPA Form 8700-12.  For
purposes of this section, a facility has stopped managing hazardous
secondary materials if the facility no longer generates, manages and/or
reclaims hazardous secondary materials under the exclusion(s) and does
not expect to manage any amount of hazardous secondary materials for at
least one year

(i)	Data Items:

Notification using EPA Form 8700-12, which includes the following
information:

The name, address, and EPA ID number (if applicable) of the facility; 

The name and telephone number of a contact person; 

The NAICS code of the facility;

The exclusion under which the hazardous secondary materials will be
managed (e.g., section 261.2(a)(2)(ii), section 261.4(a)(23), (24),
and/or (25));

For reclaimers and intermediate facilities managing hazardous secondary
materials in accordance with section 261.4(a)(24) or (25), whether the
reclaimer or intermediate facility has financial assurance (not
applicable for persons managing hazardous secondary materials generated
and reclaimed under the control of the generator); 

When the facility expects to begin managing the hazardous secondary
materials in accordance with the exclusion;

A list of hazardous secondary materials that will be managed according
to the exclusion (reported as the EPA hazardous waste numbers that would
apply if the hazardous secondary materials were managed as hazardous
wastes); 

For each hazardous secondary material, whether the hazardous secondary
material, or any portion thereof, will be managed in a land-based unit;

The quantity of each hazardous secondary material to be managed
annually; and

The certification (included in EPA Form 8700-12) signed and dated by an
authorized representative of the facility.

(ii)	Respondent Activities:

Facilities must perform the following activities, as applicable:

Complete and submit EPA Form 8700-12 prior to operating under
exclusion(s).

Complete and submit EPA Form 8700-12 by March 1 of each even numbered
year thereafter.

Complete and submit EPA Form 8700-12 indicating that the hazardous
secondary materials are no longer managed in accordance with the
exclusion, if applicable. 

(b)	Notification of Hazardous Waste Activity under RCRA Section 3010

Facilities that generate, transport, recycle, treat, store, or dispose
of hazardous waste as defined by 40 CFR Part 261 must notify EPA of
their hazardous waste activities and obtain an EPA Identification
Number.  These notification requirements are codified at 40 CFR Parts
262, 263, 264, 265, 266, 270, and 273.  In order to comply with these
requirements, facilities must complete and submit the RCRA Subtitle C
Site Identification Form (EPA Form 8700-12).

(i)	Data Item:

Notification using EPA Form 8700-12, which includes the following
information:

Name of the facility;

Facility mailing address;

Facility location;

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

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

Information on the type of hazardous waste activity;

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

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

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

(ii)	Respondent Activities:

Facilities must perform the following activities:

Complete and submit EPA Form 8700-12.

(c)	Notification of Hazardous Waste Activity under 40 CFR Part 262,
Subpart K

(c1)	Intent to Comply with Subpart K and Recordkeeping of Agreements

40 CFR 262.203(a) provides that an eligible academic entity must notify
the appropriate EPA Regional Administrator in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is
electing to be subject to the requirements of Subpart K for all the
laboratories owned by the eligible academic entity under the same EPA
Identification Number.  An eligible academic entity that is a CESQG and
does not have an EPA Identification Number must notify that it is
electing to be subject to the requirements of Subpart K for all the
laboratories owned by the eligible academic entity that are on-site.  An
eligible academic entity must submit a separate notification (Site ID
Form) for each EPA Identification Number (or site, for CESQGs) that is
electing to be subject to the requirements of Subpart K.

When submitting the Site ID Form, the eligible academic entity must, at
a minimum, fill out the fields on the form that are specified at section
262.203(b)(1)-(11).

Section 262.203(c) provides that an eligible academic entity must keep a
copy of the notification on file at the eligible academic entity while
its laboratories are subject to Subpart K.

Section 262.203(d) provides that a teaching hospital that is not owned
by a college or university must keep a copy of its formal written
affiliation agreement with a college or university on file at the
teaching hospital while its laboratories are subject to Subpart K.

	Section 262.203(e) provides that a non-profit research institute that
is not owned by a college or university must keep a copy of its formal
written affiliation agreement with a college or university on file at
the non-profit research institute while its laboratories are subject to
Subpart K.

(i)	Data Items:

Notification, using EPA Form 8700-12, with the following fields filled
out, at a minimum:

Reason for submittal;

Site EPA Identification Number (except for CESQGs);

Site name;

Site location information;

Site land type;

North American Industry Classification System (NAICS) code(s) for the
site;

Site mailing address;

Site contact person;

Operator and legal owner of the site;

Type of regulated waste activity; and

Certification.

A copy of the formal written affiliation agreement with a college or
university, as specified under section 262.203(d). 

A copy of the formal written affiliation agreement with a college or
university, as specified under section 262.203(e). 

(ii)	Respondent Activities:

Facilities must perform the following activities, as applicable:

Eligible academic entities electing to be subject to the requirements of
Subpart K must perform the following:

Complete and submit EPA Form 8700-12; and

Keep a copy of the notification on file.

Teaching hospitals that are not owned by a college or university must:

Keep a copy of their formal written affiliation agreement with college
or university on file while its laboratories are subject to Subpart K. 

Non-profit research institutes that are not owned by a college or
university must:

Keep a copy of the formal written affiliation agreement with a college
or university on file at the non-profit research institute while its
laboratories are subject to Subpart K.

(c2)	Withdrawal from 40 CFR Part 262, Subpart K

	40 CFR 262.204(a) provides that an eligible academic entity must notify
the appropriate EPA Regional Administrator in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is
electing to no longer be subject to the requirements of Subpart K for
all the laboratories owned by the eligible academic entity under the
same EPA Identification Number.  An eligible academic entity that is a
CESQG and does not have an EPA Identification Number must notify that it
is withdrawing from the requirements of Subpart K for all the
laboratories owned by the eligible academic entity that are on-site.  An
eligible academic entity must submit a separate notification (Site ID
Form) for each EPA Identification Number (or site, for CESQGs) that is
withdrawing from the requirements of Subpart K.

When submitting the Site ID Form, the eligible academic entity must, at
a minimum, fill out the fields on the form that are specified at section
262.204(b)(1)-(11).

	Section 262.204(c) provides that an eligible academic entity must keep
a copy of the withdrawal notice on file at the eligible academic entity
for three years from the date of the notification.

	(i)	Data Items:

A Site ID Form with the following fields filled out, at a minimum:

Reason for submittal;

Site EPA Identification Number (except for CESQGs);

Site name;

Site location information;

Site land type;

North American Industry Classification System (NAICS) code(s) for the
site;

Site mailing address;

Site contact person;

Operator and legal owner of the site;

Type of regulated waste activity; and

Certification.

(ii)	Respondent Activities:

Facilities must perform the following activities:

Complete and submit EPA Form 8700-12.

Keep a copy of the withdrawal notice on file.

(d)	Notification of Universal Waste Activity under 40 CFR Part 273,
Subpart C

Large quantity handlers of universal waste must notify EPA of their
universal waste activities and obtain an EPA Identification Number. 
These notification requirements are codified at 40 CFR Part 273, Subpart
C.  In order to comply with these requirements, large quantity handlers
of universal waste must complete and submit the RCRA Subtitle C Site
Identification Form (EPA Form 8700-12), or complete and submit a letter
to EPA requesting an EPA Identification Number.  

(i)	Data Items:

Notification (EPA Form 8700-12) that includes the following information:

Name of the facility;

Facility mailing address;

Facility location;

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

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

Information on the type of hazardous waste activity;

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

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

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

Or

A letter that includes:

The universal waste handler’s name and mailing address;

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

Address or physical location of the universal waste management
activities;

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

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

(ii)	Respondent Activities:

Facilities must perform the following activities:

Complete and submit EPA Form 8700-12 or a letter requesting an EPA
Identification Number.

(e)	Notification of Used Oil Activity under 40 CFR Part 279

Used oil handlers must notify EPA of their used oil activities and
obtain an EPA Identification Number.  These notification requirements
are codified at 40 CFR Part 279.  In order to comply with these
requirements, used oil handlers must complete and submit the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), or complete and
submit a letter to EPA requesting an EPA Identification Number.  

(i)	Data Items:

Notification using EPA Form 8700-12, which includes the following
information:

Name of the facility;

Facility mailing address;

Facility location;

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

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

Information on the type of hazardous waste activity;

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

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

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

Or

A letter that includes:

Company name;

Owner of company;

Mailing address of company;

Name and telephone number of company contact;

Type of used oil management activity(ies);

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

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

(ii)	Respondent Activities:

Facilities must perform the following activities:

Complete and submit EPA Form 8700-12 or a letter requesting an EPA
Identification Number.

Part A Hazardous Waste Permit Application and Modification

Part A Permit Application

	(a1)	Contents of the Part A Permit Application

	40 CFR 270.1 requires owners or operators of newly regulated facilities
subject to permitting requirements for the first time and permitted
facilities with newly regulated units to prepare and submit a Part A
Permit Application (EPA Form 8700-23).  

(i)	Data Items:

A list of the activities conducted by the applicant that require the
owner or operator to obtain a RCRA permit.

Name, mailing address, and location, including latitude and longitude of
the facility for which the application is submitted.

Up to four NAICS codes that best reflect the principal products or
services provided by the facility.

Operator's name, address, telephone number, ownership status, and status
as Federal, State, private, public or other entity.

Name, address, and phone number of the owner of the facility.

Whether the facility is located on Indian lands.

An indication of whether the facility is new or existing and whether it
is a first or revised application.

For existing facilities, the following information:

A scale drawing of the facility showing the location of all past,
present, and future treatment, storage, and disposal areas and

Photographs of the facility clearly delineating all existing structures;
existing treatment, storage and disposal areas; and sites of future
treatment, storage, and disposal areas;

A description of the processes to be used for treating, storing, and
disposing of hazardous waste, and the design capacity of these items.

A specification of the hazardous wastes listed or designated under 40
CFR Part 261 to be treated, stored, or disposed of at the facility; an
estimate of the quantity of such wastes to be treated, stored, or
disposed annually; and a general description of the processes to be used
for such wastes.

A listing of all permits or construction approvals received or applied
for under any of the following programs:

Hazardous Waste Management program under RCRA

Underground Injection Control (UIC) Program under the Safe Drinking
Water Act (SDWA)

National Pollutant Discharge Elimination System (NPDES) program under
the Clean Water Act (CWA)

Prevention of Significant Deterioration (PSD) program under the Clean
Air Act (CAA)

Nonattainment program under the CAA

National Emission Standards for Hazardous Air Pollutants (NESHAPS)
preconstruction approval under the CAA

Ocean dumping permits under the Marine Protection Research and
Sanctuaries Act

Dredge or fill permits under section 404 of the CWA

Other relevant environmental permits, including State permits.

A topographic map (or other map if a topographic map is unavailable)
extending one mile beyond the property boundaries of the source,
depicting the following aspects of the facility:

Each of its intake and discharge structures; 

Each of its hazardous waste treatment, storage, or disposal facilities; 

Each well where fluids from the facility are injected underground; and 

Wells, springs, other surface water bodies, and drinking water wells
listed in public records or otherwise known to the applicant within 1/4
mile of the facility property boundary.

A brief description of the nature of the business.

For hazardous debris, a description of the debris category(ies) and
containment category(ies) to be treated, stored, or disposed of at the
facility.

(ii)	Respondent Activities:

Facilities must perform the following activities:

Read the regulations and instructions.

Prepare the Site ID Form.

Prepare the Hazardous Waste Permit Information Form and reports.

(a2)	Signatories to Permit Applications and Permit Application Reports

40 CFR 270.11(a) requires operators of facilities to obtain the
necessary signatures and certifications for the Part A Permit
Application, reports, and other information requested by EPA. 
Additionally, operators must obtain new authorization for authorizations
deemed invalid.

(i)	Data Items:

Signatures required on Part A Permit Applications:

For a corporation, the signature of a responsible corporate officer as
defined at 40 CFR 270.11(a)(1).

For a partnership or sole proprietorship, the signature of a general
partner or proprietor as defined at 40 CFR 270.11(a)(2).

For a municipality, State, Federal, or other public agency, the
signature of either a principal executive officer or ranking elected
official as defined at 40 CFR 270.11(a)(3).

Signatures for reports required by permits and other information
requested by the Director:

For a corporation, the signature of a responsible corporate officer as
defined at 40 CFR 270.11(a)(1).

For a partnership or sole proprietorship, the signature of a general
partner or proprietor as defined at 40 CFR 270.11(a)(2).

For a municipality, State, Federal, or other public agency, the
signature of either a principal executive officer or ranking elected
official as defined at 40 CFR 270.11(a)(3).

Signature of a duly authorized representative of one of the persons
listed above as defined at 40 CFR 270.11(b).

New authorization satisfying the requirements of 40 CFR 270.11(b) if an
authorization under 40 CFR 270.11(b) is no longer accurate because a
different individual or position has responsibility for the overall
operation of the facility.  Data items for this requirement are the same
as those under 40 CFR 270.11(b).

Certification:

I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather and
evaluate the information submitted.  Based on my inquiry of the person
or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is to be the
best of my knowledge and belief, true, accurate, and complete.  I am
aware that there are significant penalties for submitting false
information, including possibility of fine and imprisonment for knowing
violations.

(ii)	Respondent Activities:

Facilities must perform the following activities:

Obtain signatures and certifications for the Part A Permit Application,
reports, and other information requested by EPA.

Obtain a new authorization for invalid authorizations.

(a3)	Submittal of Part A Permit Application

40 CFR 270.70(b) requires owners and operators who submit a Part A
Permit Application to EPA, to explain or cure an alleged deficiency in
the Part A Permit Application, if EPA notifies the applicant that the
application fails to meet the requirements of 40 CFR 270.13.

(i)	Data Items:

Part A Permit Application and reports.

Explanation of alleged deficiency in the Part A Permit Application.

(ii)	Respondent Activities:

Facilities must perform the following activities:

Submit the Part A Permit Application and reports.

Explain or cure an alleged deficiency in the Part A Permit Application,
if required.

State agencies must perform the following activities:

Review information contained in the application.

Ensure that the Part A Permit Application and associated reports are
signed by the appropriate person.

Review newly authorized signatures when a different individual or
position gains responsibility for the overall operation of a facility.

Review signature certifications.

Enter information into the RCRAInfo database.  

Notify applicant of deficiency in the Part A Permit Application.

Revised Part A Permit Applications and Associated Justifications and
Subpart H Compliance Demonstrations

Under 40 CFR 270.72, interim status facilities must prepare and submit a
revised Part A Permit Application if the Agency promulgates a rulemaking
that affects the facility, or if the owner/operator otherwise modifies
the facility.  Interim status facilities who modify their Part A Permit
Application are required to submit a revised Part A Permit Application.

(i)	Data Items:

Part A application using EPA Form 8700-23.

(ii)	Respondent Activities:

Facilities must perform the following activities:

Read the regulations and instructions in preparation for revising a Part
A Permit Application in response to an Agency rulemaking or a facility
modification.

Prepare and submit a revised Part A Permit Application in response to an
Agency rulemaking or facility modification.

Prepare and submit justifications for changes, if needed.

Submit Subpart H compliance demonstrations, if needed.

State agencies must perform the following activities:

Review information revised Part A Permit Application.

Enter revised Part A Permit Application information into the RCRAInfo
database.

Review justifications for changes.

Review Subpart H compliance demonstrations.

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

5(a)	AGENCY ACTIVITIES

(1)	Hazardous Waste Report

As discussed in Section 4(b) of this document, the Hazardous Waste
Report data collection process is delegated to the States.  However, EPA
is involved throughout this process.  The extent of EPA’s involvement
depends on the activities performed by the States in the data collection
process.  The following paragraphs briefly describe EPA’s
participation in the data collection process.

In some cases, the EPA Region performs all of the State roles.  That is,
EPA Regions, where the Region implements the RCRA hazardous waste
program for a State, provide respondents with the Federal form, collect
the responses, contact non-respondents, enter the data into a database
using off-the-shelf software packages which have been developed to
support the collection of Hazardous Waste Report data, assure data
quality, and forward the data to EPA Headquarters.

In other cases, the EPA Region provides direct processing support for
some, but not all, of the collection activities.  For example, the EPA
Region may support the State in data gathering and data quality
assessment.  

In still other cases, the EPA Regions provide additional resources to
the States.  For example, the EPA Region may provide technical support
to States for the transfer of their files to EPA for incorporation into
the national database.    

	

EPA Headquarters produces and distributes the Federal forms and related
guidance, defines the data and file format for data, establishes the
schedule for submitting data, manages the incorporation of State data
into the national database, coordinates national data quality review,
maintains the national database, and prepares a national report listing
major facts about the national picture of hazardous waste generation and
management for the reporting year.

EPA activities for the Hazardous Waste Report include the following:

Develop Hazardous Waste Report forms and instructions.  Print paper and
CD copies.

Distribute Hazardous Waste Report forms and instructions.  EPA
Headquarters distributes the form and instruction booklets to the States
and Regions.  Regions prepare mailing lists, mail forms and
instructions, record receipt of completed forms, and contact sites that
fail to respond within the specified time period.  

Develop computer capabilities required to compile national data.  EPA
Headquarters develops the computer capabilities required to load data
into the national database, the reports which support data quality
assessment and other programmatic use of the data, and preparation of
the national report.

Assist respondents.  EPA Regions and Headquarters provide assistance to
respondents.  States are, however, the first point of contact for
answering respondent questions and assistance, where applicable.

Key entry of report submissions.  EPA Regions and the regulated
entities, key enter or electronically load the data into a database they
select and maintain.  The data entry function was privatized for the
1999 Hazardous Waste Report process.  Many States, Regions, and the
regulated community use one of the private vendor’s software packages
for data entry and recordkeeping.  Some reports are entered directly on
State or vendor hosted Internet sites and some are submitted on
diskettes.

Perform quality assurance.  EPA Regions and Headquarters perform data
quality assurance.  This includes:  follow-up to non-respondents,
detection and correction of unacceptable responses (e.g., in cases where
the respondent misunderstood the instructions); verification of
exceptional responses (e.g., data reported by a respondent that differ
significantly from data reported by the rest of the respondent universe)
and identification of significant response changes between reporting
years.  The national software supports these activities with a variety
of data editing functions.

Once reports are received, the QA/QC procedures include a hierarchy of
assessments.  First, system procedures ensure the data has fundamental
internal consistency (e.g., required data fields are populated and the
values are of the correct data type and within allowed ranges).

Second, the information content of the data for individual sites is
evaluated to identify any potential over or under reporting (exception
reports support identification of extremes and significant variance from
one cycle to another).

Third, assessment reports support evaluation of intra-State and
inter-State shipments of wastes to identify potential discrepancies
between reports submitted by generators and the TSDF’s who were
identified by the generator as receivers of the waste.

Based on the assessments, EPA Regions identify cases where accuracy may
be questionable.  For those cases, they generally contact the site to
review the information received; and site respondent confirms that the
data are correct or that the site intends to submit an amended report to
correct discrepancies.   

Prepare the national report.  EPA Headquarters will prepare The National
Biennial RCRA Hazardous Waste Report that will be made available to the
Congress and the public.

Store the data.  The Hazardous Waste Reports will be stored by the EPA
Regions for three years and an electronic database may be maintained by
each Region.  The national database is maintained by EPA Headquarters in
RCRAInfo.

(2)	Notification of Regulated Waste Activity

EPA activities are the same for all of the notification requirements
covered in this ICR.  These activities include:

For initial notifications:

Reviewing the completed EPA Form 8700-12 or letter requesting an EPA
Identification Number, as specified.

Entering information into the EPA national data system.

Generating an EPA Identification Number and sending the EPA
Identification Number to the facility.

For subsequent notifications:

Reviewing the completed EPA Form 8700-12 or letter requesting an EPA
Identification Number, as specified.

Entering information into the EPA national data system.

Part A Hazardous Waste Permit Application and Modification

EPA activities associated with Part A Permit Applications include the
following:

For Part A Permit Applications:

Reviewing information contained in the application.

Ensuring that the Part A Permit Application and associated reports are
signed by the appropriate person.

Reviewing newly authorized signatures when a different individual or
position gains responsibility for the overall operation of a facility.

Reviewing signature certifications.

Entering information into the RCRAInfo database.  

Notifying applicant of deficiency in the Part A Permit Application.

For revised Part A Permit Applications, justifications, and compliance
demonstrations:

Review information revised Part A Permit Application.

Enter revised Part A Permit Application information into the RCRAInfo
database.

Review justifications for changes.

Review Subpart H compliance demonstrations.

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

In collecting and analyzing the information associated with this ICR,
EPA and authorized States may use a telephone system, personal
computers, and applicable database software.  They will ensure the
accuracy and completeness of collected information by reviewing the
submittals.  They will keep records of this information in file cabinets
and/or computer systems.

5(c)	SMALL ENTITY FLEXIBILITY

(1)	Hazardous Waste Report

EPA uses the quantity of waste generated per month to determine the
extent to which a firm should be regulated.  EPA categorizes generators
of less than 1,000 kilograms of non-acute hazardous waste per month as
small quantity generators (SQGs) and relieves them of specific
requirements.

SQGs are not required to file the Hazardous Waste Report.  A SQG who is
sent the Hazardous Waste Report booklet due to a change in generator
status or error need not respond.  They must return a completed RCRA
Subtitle C Site Identification Form to update their generator status to
ensure they are not subject to follow-up contact for biennial reporting.

(2)	Notification of Regulated Waste Activity

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

Part A Hazardous Waste Permit Application and Modification

Interim status is statutorily conferred without regard to facility size.
 Therefore, EPA believes that requirements regarding Part A submissions
and revisions must apply equally to large and small businesses. 
Although the legal requirements for Part A Permit Application
information are the same for large and small businesses, the Agency
believes that in practice the small entities will find it easier to
provide the required information.  In many instances, a small
organization will be able to complete or revise the Part A Permit
Application in less time than larger organizations because they use
fewer processes for the management of hazardous wastes and they manage
fewer types of wastes.  As a rule of thumb, the complexity of preparing
a Part A Permit Application depends upon the complexity of the processes
of a hazardous waste facility and the wastes managed at the facility. 
Therefore, if a small organization operates a complex facility (e.g., a
chemical landfill that manages a very large number of waste streams),
then the time to complete the Part A Permit Application will necessarily
be greater.  Again, EPA has taken steps to minimize the burden on all
respondents by providing detailed instructions for completion of the
Part A Permit Application form and by requiring short answer responses
to most of the items of the application.  

It also should be noted that the reporting requirements for changes are
brief.  Therefore, owners or operators can easily comply with these
requirements.  In addition, most of the revisions to Part A Permit
Applications will entail merely checking boxes or filling in numbers to
indicate the type of new activity or new waste to be handled at the
facility.  Any written justification entails a short letter from the
owner or operator.  EPA, therefore, estimates that the potential burden
on small businesses caused by this information collection is minimal.

5(d)	COLLECTION SCHEDULE

(1)	Hazardous Waste Report

EPA’s 2011 Hazardous Waste Report national implementation schedule is
outlined in Table 4.

Table 4

2011 Hazardous Waste Report National Implementation Schedule

Activity	Completion Date

Implementers begin loading 2011 Hazardous Waste Report data into
RCRAInfo

Biennial Report National Data Quality Reports & National Exhibit Reports
available for use in performing additional data quality checks	April 2,
2012

DEADLINE for implementers to load complete data into RCRAInfo for EPA
Headquarter’s national data quality check

Review work and publication of the Preliminary 2011 National Biennial
Report	July 2, 2012

EPA Headquarters publishes Preliminary 2011 National Biennial Report 
(only posted in RCRAInfo)	August 6, 2012

Last day to request a State Summary Report  from EPA Headquarters
October 1, 2012

DEADLINE for implementers to load FINAL data into RCRAInfo for EPA
Headquarters to perform final quality assurance/quality control of final
data	November 5, 2012

EPA Headquarters makes Final 2011 National Biennial Report data
available on RCRAInfo Web (public Web site)	December 10, 2012



(2)	Notification of Regulated Waste Activity

(a)	Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

A claimant must prepare and submit a notification to EPA prior to
operating under the exclusion(s).  In addition, the claimant must update
and submit notification to EPA by March 1 of each even numbered year
thereafter.  A claimant that submitted a notification but then
subsequently stops managing hazardous secondary materials in accordance
with the exclusion(s) must submit notification to EPA within 30 days.

(b)	Notification of Hazardous Waste Activity under RCRA Section 3010

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

(c)	Notification of Hazardous Waste Activity under 40 CFR Part 262,
Subpart K

(c1)	Intent to Comply with Subpart K and Recordkeeping of Agreements

Under 40 CFR 262.203(a), an eligible academic entity must notify the
appropriate EPA Regional Administrator in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is
electing to be subject to the requirements of Subpart K for all the
laboratories owned by the eligible academic entity under the same EPA
Identification Number.  An eligible academic entity that is a CESQG and
does not have an EPA Identification Number must notify for all the
laboratories owned by the eligible academic entity that are on-site.  An
eligible academic entity must submit a separate notification (Site ID
Form) for each EPA Identification Number (or site, for CESQGs) that is
electing to be subject to the requirements of Subpart K.  This is a
one-time notification.

Section 262.203(c) provides that an eligible academic entity must keep a
copy of the notification on file at the eligible academic entity while
its laboratories are subject to Subpart K.  

Section 262.203(d) provides that a teaching hospital that is not owned
by a college or university must keep a copy of its formal written
affiliation agreement with a college or university on file at the
teaching hospital while its laboratories are subject to Subpart K.  

	Section 262.203(e) provides that a non-profit research institute that
is not owned by a college or university must keep a copy of the formal
written affiliation agreement with a college or university on file at
the non-profit research institute while its laboratories are subject to
Subpart K.

(c2)	Withdrawal from 40 CFR Part 262, Subpart K

Under 40 CFR 262.204(a), an eligible academic entity must notify the
appropriate EPA Regional Administrator in writing, using the RCRA
Subtitle C Site Identification Form (EPA Form 8700-12), that it is
electing to no longer be subject to the requirements of Subpart K for
all the laboratories owned by the eligible academic entity under the
same EPA Identification Number.  An eligible academic entity that is a
CESQG and does not have an EPA Identification Number must notify for all
the laboratories owned by the eligible academic entity that are on-site.
 An eligible academic entity must submit a separate notification (Site
ID Form) for each EPA Identification Number (or site, for CESQGs) that
is withdrawing from the requirements of Subpart K.  This is a one-time
notification.

	Section 262.204(c) provides that an eligible academic entity must keep
a copy of the withdrawal notice on file at the eligible academic entity
for three years from the date of the notification.

(d)	Notification of Universal Waste Activity under 40 CFR Part 273,
Subpart C

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

(e)	Notification of Used Oil Activity under 40 CFR Part 279

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

Part A Hazardous Waste Permit Application and Modification

Part A Permit Application

Owners or operators of new hazardous waste management facilities that
are not yet constructed are required to submit their Part A Permit
Application, including signatures and certifications at least 180 days
before physical construction is expected to commence.  For existing
facilities newly subject to RCRA permitting requirements due to
promulgation of a new regulation or listing of hazardous waste, the new
regulation typically specifies the date by which Part A Permit
Applications, including signatures and certifications, must be
submitted.

Revised Part A Permit Applications and Associated Justifications and
Subpart H Compliance Demonstrations

The time frame in which owners or operators must submit a revised Part A
Permit Application varies according to the nature of changes at the
facility.  For the following types of changes, the owner or operator
must submit revised Part A Permit Applications and justifications prior
to making the changes:

Treating, storing, or disposing of hazardous wastes not previously
identified in the Part A Permit Application.

Increasing the design capacity of processes used at the facility.

Changing or adding processes for treating, storing, or disposing of
hazardous wastes.  

	For changes in ownership or operational control of a facility, the new
owner or operator must submit a revised Part A Permit Application no
later than 90 days prior to the scheduled change.  Subpart H compliance
demonstrations must be submitted within six months of the date of the
change in ownership or operational control of the facility.

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	ESTIMATING RESPONDENT BURDEN HOURS

Exhibits 1 through 3 provide estimates of the respondent hourly burden
associated with the information collection requirements covered in this
ICR.  The exhibits include burden hours (total and by labor type) per
respondent, as well as the overall burden hours for all respondents. 
The majority of the hour estimates in Exhibits 1 through 3 are based on
consultations with industry and States.

	In the following paragraphs, EPA describes the methodologies used to
estimate the hourly burden associated with the information collections
covered in this ICR.

Hazardous Waste Report

(a)	Methodology for Accounting for Site Identification Forms
Pre-Populated by States

In estimating the hourly burden for preparing the Site ID Form of the
Hazardous Waste Report, EPA assumes that 65 percent of all the Site ID
Forms will be pre-populated by States prior to distribution to
respondents or by vendor software used by the respondents.  EPA also
assumes that the remaining 35 percent of all the Site ID Forms will be
completed manually.

EPA estimates the burden for updating a pre-populated Site ID Form to be
20 minutes (0.33 hour) per respondent and the burden for completing a
Site ID Form in its entirety (i.e., completing a blank form manually)
to be 1 hour per respondent.

The above burden estimates are reflected in Exhibit 1 as
weighted-averages.  EPA derived the weighted averages using the
calculations in Table 5 below.  EPA multiplied the percentage of
pre-populated Site ID Forms by the average burden for updating the
information contained in the form.  EPA also multiplied the percentage
of blank Site ID Forms by the average burden for completing the blank
form.  Then, EPA added up these two products to derive an overall
weighted-average burden.  

Table 5

Assumptions and Weighted-Average Equation Used in Estimating Burden to

Complete the Site Identification Form of the Hazardous Waste Report

Assumptions	Weighted-Average Equation

0.33 hours to complete pre-populated form; 65 percent of the forms are
pre-populated	(0.33 hrs x 0.65) + (1 hr x 0.35)

= 0.56 hours

1 hour to complete blank form;

35 percent of the forms are blank

	

(b)	Methodology for Accounting for Form GM and Form WR Electronic
Reporting

During consultations conducted during the development of this ICR, State
and facility representatives indicated that Forms GM and WR often can be
completed from databases that track manifests or other information for
billing purposes.  Based on these consultations, EPA estimated the
hourly burden for the Forms GM and WR submitted electronically to be
significantly less than for forms submitted on paper.

To estimate the percentage of facilities that submit Forms GM and WR
electronically, EPA used information gained from consultations and 2009
Hazardous Waste Report data.  For Form GM submissions, EPA estimated
that, based on consultations and best professional judgment, facilities
submitting five (5) or more Forms GM for the Hazardous Waste Report are
likely to do so electronically.  Using 2009 Hazardous Waste Report data,
EPA identified sites submitting Forms GM, counted their Forms GM
submitted, and calculated the percentage that their Forms GM represented
of the total number of Forms GM.  Based on this methodology, EPA
estimates that 92 percent of Forms GM are submitted electronically,
while the remaining 8 percent are sent manually.

For Forms WR, EPA believes that TSDFs receiving large numbers of
off-site shipments are more likely to have systems in place to track
waste stream data, and as a consequence, to submit Hazardous Waste
Report data electronically.  Using 2009 Hazardous Waste Report data, EPA
reviewed the list of Forms WR reported to the Hazardous Waste Report by
facility and, based on its own professional judgment and consultations,
estimates that 100 percent of Forms WR are submitted electronically.  

To estimate the average burden per respondent in preparing a Form GM or
WR, EPA used the weighted-average calculations in Table 6.  EPA
multiplied the percentage of both forms submitted electronically by
their respective burden for electronic reporting and the percentage of
both forms submitted manually by their respective burden for manual
reporting.  Then, EPA added the two products for each form,
respectively, to calculate an overall weighted-average burden for both
forms.  

Table 6

Assumptions and Weighted-Average Equations Used in Estimating Burden to

Complete Form GM and Form WR of the Hazardous Waste Report

Activity	Assumptions	Weighted-Average Equation

Complete

Form GM	0.28 hour to complete electronically; 

92 percent of the forms are completed electronically

1.20 hours to complete manually; 

8 percent of the forms are completed manually	(0.28 hr x 0.92) + (1.20
hrs x 0.08)

= 0.36 hour

Complete

Form WR	0.12 hour to complete electronically; 

100% of the forms are completed electronically	0.12 hr x 1

= 0.12 hour



(2)	Notification of Regulated Waste Activity

	During consultations conducted during the development of previous
versions of this ICR, EPA contacted industry representatives to
ascertain their burden for completing the Site ID Form for initial and
subsequent notifications.  All of them indicated that they complete a
blank Site ID Form for each notification and their burdens ranged from 5
minutes to 3 hours per submittal.  

	None of the industry representatives used the Site ID Form’s optional
procedures to use a previously submitted Site ID Form to make a
subsequent notification.  Specifically, the Site ID Form’s
instructions indicate that, after a facility has submitted the form
once, the State may allow the facility to attach a copy of the
facility’s most recently submitted form.  If so, the facility must
circle item numbers for which any information has changed.  Then, circle
the item numbers in the new form, enter the new information, and provide
the required signatures in Item 14-Certification.

	Although none of the industry representatives used a previously
submitted form to notify, the Agency believes that a number of
respondents do so.  This is based on the Agency’s knowledge of common
industry practices.  For purposes of this ICR, EPA has estimated the
percentage of respondents that use a previously submitted form to make a
subsequent notification and their burden for doing so.  These estimates,
along with the consultation data collected, are discussed in the
paragraphs below.

(a)	Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

For purposes of this ICR, EPA anticipates that all of the facilities
electing to operate under the hazardous secondary material exclusion
under 40 CFR 260.42 during the two-year period covered by this ICR have
already submitted the Site ID Form at least once.  Of these facilities,
EPA estimates that 50 percent will complete a blank Site ID Form to
notify EPA or the State prior to operating under the exclusion and by
March 1 of each even numbered year.  EPA estimates that the other 50
percent will use their most recently submitted Site ID Form in complying
with these notification requirements.  

EPA estimates the burden for completing a blank Site ID Form under
section 260.42 to be 1.5 hours per respondent and the burden for using a
previously submitted form to be 50 minutes (0.83 hour) per respondent. 
EPA notes that section 260.42 imposes several substantive requirements
specific to the exclusions that must be completed (e.g., quantity of
secondary material to be managed annually) in addition to the rest of
the Site ID Form.

For the notification submitted indicating that the hazardous secondary
materials are no longer managed in accordance to the exclusion, EPA
estimates the average hourly burden for completing the Site ID Form in
its entirety (i.e., a blank form) to be 1 hour per respondent.  EPA
also estimates the average hourly burden for updating the most recently
submitted Site ID Form to be 20 minutes (0.33 hour) per respondent.  

The above burden estimates are reflected in Exhibit 2 as
weighted-averages.  EPA derived the weighted averages using the
calculations in Table 7 below.  EPA multiplied the percentage of
facilities completing the Site ID Form on its entirety by the average
burden for completing the blank form.  EPA also multiplied the
percentage of facilities that will use the most recently submitted Site
ID Form by the average burden for updating the information contained in
the form.  Then, EPA added up these two products to derive an overall
weighted-average burden. 

Table 7

Assumptions and Weighted-Average Equation

Used in Estimating Burden to Complete the Notification of

Hazardous Secondary Material Activity under 40 CFR 260.42

Assumptions	Weighted-Average Equation

Notification Prior to Operating under Exclusion AND

Notification Submitted by March 1 of Each Even Numbered Year Thereafter

1.5 hours to complete blank form;

50 percent of the facilities	(1.5 hrs x 0.50) + (0.83 hr x 0.50)

= 1.17 hours

0.83 hour to update most recently submitted form;

50 percent of the facilities

	Notification Indicating that Hazardous Secondary Materials are no
Longer Managed in Accordance to the Exclusion

1 hour to complete blank form;

50 percent of the facilities	(1 hr x 0.50) +(0.33 hr x 0.50)

= 0.67 hour

0.33 hour to update most recently submitted form;

50 percent of the facilities

	

Notification of Hazardous Waste Activity under 40 CFR Part 262, Subpart
K

For purposes of this ICR, EPA anticipates that all of the facilities
opting into Subpart K during the two-year period covered by this ICR
have already submitted the Site ID Form at least once.  Of these
facilities, EPA estimates that 50 percent will complete a blank Site ID
Form in opting into Subpart K and in withdrawing from Subpart K.  EPA
estimates that the other 50 percent will use their most recently
submitted Site ID Form in complying with these notification
requirements.  

EPA estimates the burden for completing a blank Site ID Form under
Subpart K to be 1 hour per respondent and the burden for using a
previously submitted form to be 20 minutes (0.33 hour) per respondent. 


The above burden estimates are reflected in Exhibit 2 as
weighted-averages.  EPA derived the weighted averages using the
calculations in Table 8 below.  EPA multiplied the percentage of
facilities completing the Site ID Form on its entirety by the average
burden for completing the blank form.  EPA also multiplied the
percentage of facilities that will use the most recently submitted Site
ID Form by the average burden for updating the information contained in
the form.  Then, EPA added up these two products to derive an overall
weighted-average burden. 

Table 8

Assumptions and Weighted-Average Equation

Used in Estimating Burden to Complete the Notification of

Hazardous Waste Activity under 40 CFR Part 262, Subpart K

Assumptions	Weighted-Average Equation

1 hour to complete blank form;

50 percent of the facilities	(1 hr x 0.50) + (0.33 hr x 0.50)

= 0.67 hour

0.33 hour to update most recently submitted form;

50 percent of the facilities

	

Other Notifications Covered in this ICR

For purposes of this ICR, EPA anticipates that 50 percent of the
facilities submitting subsequent notifications under RCRA Section 3010;
40 CFR Part 273, Subpart C; and 40 CFR Part 279 will complete a blank
Site ID Form.  EPA estimates that the other 50 percent will use their
most recently submitted Site ID Form in complying with these
notification requirements.  

EPA estimates the burden for completing a blank Site ID Form to be
1 hour per respondent and the burden for using a previously submitted
form to be 20 minutes (0.33 hour) per respondent.  

The above burden estimates are reflected in Exhibit 2 as
weighted-averages.  EPA derived the weighted averages using the
calculations in Table 9 below.  EPA multiplied the percentage of
facilities completing the Site ID Form on its entirety by the average
burden for completing the blank form.  EPA also multiplied the
percentage of facilities that will use the most recently submitted Site
ID Form by the average burden for updating the information contained in
the form.  Then, EPA added up these two products to derive an overall
weighted-average burden. 

Table 9

Assumptions and Weighted-Average Equation Used in

Estimating Burden to Complete Other Notifications Covered in this ICR

Assumptions	Weighted-Average Equation

1 hour to complete blank form;

50 percent of the facilities	(1 hr x 0.50) + (0.33 hr x 0.50)

= 0.67 hour

0.33 hour to update most recently submitted form;

50 percent of the facilities

	

Part A Hazardous Waste Permit Application and Modification

In estimating the hourly burden for preparing the Site ID Form of the
Part A Permit Application, EPA assumes that all of the facilities
submitting a Part A Permit Application or Modification during the
two-year period covered by this ICR have already submitted the Site ID
Form at least once.  Of these facilities, EPA estimates that 50 percent
will complete a blank Site ID Form and the remaining 50 percent will use
their most recently submitted Site ID Form.  

EPA estimates the burden for completing a blank Site ID Form to be
1 hour per respondent and the burden for using a previously submitted
form to be 20 minutes (0.33 hour) per respondent.  

The above burden estimates are reflected in Exhibit 3 as
weighted-averages.  EPA derived the weighted averages using the
calculations in Table 10 below.  EPA multiplied the percentage of
facilities completing the Site ID Form on its entirety by the average
burden for completing the blank form.  EPA also multiplied the
percentage of facilities that will use the most recently submitted Site
ID Form by the average burden for updating the information contained in
the form.  Then, EPA added up these two products to derive an overall
weighted-average burden. 

Table 10

Assumptions and Weighted-Average Equation Used in Estimating

Burden to Complete the Site Identification Form of the Part A Permit
Application

Assumptions	Weighted-Average Equation

1 hour to complete blank form;

50 percent of the facilities	(1 hr x 0.50) + (0.33 hr x 0.50)

= 0.67 hour

0.33 hour to update most recently submitted form;

50 percent of the facilities

	

6(b)	ESTIMATING RESPONDENT COSTS

Exhibits 1 through 3 provide estimates of the annual respondent costs
associated with the information collection requirements covered in this
ICR.  These costs are based on the cost of labor, capital, and operation
and maintenance (O&M). 

(1)	Labor Costs

	Using the total burden hours discussed in Section 6(a) and the hourly
labor costs outlined in this section, Exhibits 1 through 3 illustrate
the labor costs associated with the information collection requirements
covered in this ICR.

Private Sector Facilities

	EPA estimates an average hourly respondent labor cost (including fringe
and overhead) of $122.72 for legal staff, $72.54 for managerial staff,
$54.04 for technical staff, and $32.51 for clerical staff.  These
respondent labor costs were obtained from the previously approved ICR
(i.e., EPA ICR Number 0976.14, dated September 10, 2009), and updated to
2011 levels using Employment Cost Indexes developed by the U.S. Bureau
of Labor Statistics.

State and Local Government Facilities and Agencies

	EPA estimates an average hourly respondent labor cost (including fringe
and overhead) of $57.54 for legal staff, $54.02 for managerial staff,
$32.32 for technical staff, and $20.62 for clerical staff.  These
respondent labor costs were obtained from the previously approved ICR
(i.e., EPA ICR Number 0976.14, dated September 10, 2009), and updated to
2011 levels using Employment Cost Indexes developed by the U.S. Bureau
of Labor Statistics.

(2)	Capital Costs

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  EPA does not anticipate that respondents will incur capital
costs in carrying out the information collection requirements covered in
this ICR.

(3)	Operation and Maintenance Costs

O&M costs are those costs associated with an information collection
requirement incurred continually over the life of the ICR.  For this
ICR, O&M costs include mailing costs:

EPA estimates that facilities submitting a Hazardous Waste Report or a
Part A Permit Application to EPA or States will incur a cost of $5.82 to
mail an 11-ounce large envelope by certified mail ($2.88 for postage,
$2.85 for the certified-mail fee, and $0.09 for a catalog envelope)., , 

EPA estimates that facilities submitting a notification to EPA will
incur a cost of $3.31 to mail a one-ounce letter by certified mail
(i.e., $0.44 for first-class letter postage, $2.85 for the
certified-mail fee, and $0.02 for standard business envelope)., , 

EPA estimates that State agencies distributing the Hazardous Waste
Report to facilities will incur a cost of $2.97 to mail an 11-ounce
large envelope ($2.88 for postage and $0.09 for a catalog envelope)., 

The above O&M costs are shown in Exhibits 1 through 3 for all applicable
respondent activities.

6(c)	ESTIMATING AGENCY HOUR AND COST BURDEN

EPA estimates the Agency hour and cost burden associated with the
information collection requirements covered in this ICR in Exhibits 4
through 6.  As shown in the exhibits, EPA estimates an average hourly
labor cost of $86.56 for legal staff (GS15, Step 5), $76.38 for
managerial staff (GS-15, Step 1), $54.94 for technical staff (GS-13,
Step 1), and $23.44 for clerical staff (GS-06, Step 1).  To derive these
hourly estimates, EPA referred to the General Schedule (GS) Salary Table
2011.  This publication summarizes the unloaded (base) hourly rate for
various labor categories in the Federal Government.  EPA then applied
the standard government overhead factor of 1.6 to the unloaded rate to
derive loaded hourly rates.

EPA does not anticipate that the Agency will incur capital costs in
carrying out the information collection requirements covered in this
ICR.

	O&M costs are associated with Hazardous Waste Report activities.  In
particular, EPA estimates that the Agency will incur a cost of $20,920
in printing paper and CD copies of the Hazardous Waste Report forms and
instructions, $261,500 in developing computer capabilities required to
compile national data, $52,300 in preparing the National Report, and
$36,610 in storing the national data.  These O&M costs were obtained
from the previously approved ICR (i.e., EPA ICR Number 0976.14, dated
September 10, 2009), and updated to 2011 levels using Consumer Price
Indexes developed by the Bureau of Labor Statistics.  EPA O&M costs are
shown in Exhibit 4 for all applicable activities.

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

In this section, EPA first describes the estimated respondent universe. 
EPA then estimates the annual burden to respondents under the
information collection requirements covered in this ICR.  

EPA notes that, as used in this document, the term “respondent”
includes:

Hazardous waste facilities complying with the Hazardous Waste Report,
notification, and Part A Permit Application requirements covered in this
ICR.  This includes:

Private sector entities; and

State and local government agencies that are regulated entities.

State agencies administering the RCRA hazardous waste program.  

(1)	Respondent Universe

Hazardous Waste Report

Based on 2009 Hazardous Waste Report data, EPA estimates that the total
number of respondents to the 2011 Hazardous Waste Report will be 21,066,
which annualized over the two-year report cycle equals 10,533 per year
(i.e., 21,066/2).  Table 11 presents information on the total number of
forms associated with the 2011 Hazardous Waste Report.  In estimating
annual respondent burden and cost, EPA annualized these numbers over the
two-year report cycle.

Table 11

Total Number of 2011 Hazardous Waste Report Forms

Hazardous Waste Report Form	Number of Forms a

	Private Sector	State and Local Government	Total

Site Identification (Site ID) Form	18,976	2,090	21,066

Form GM - Generation and Management 	189,528	16,504	206,032

Form WR - Waste Received from Offsite	1,018,988	18,011	1,036,999

Total	1,227,492	36,605	1,264,097

a  Based on 2009 Hazardous Waste Report (i.e., 2009 Biennial Report)
data current as of April 12-29, 2011.

The number of respondents and forms for each respondent activity is
presented in Exhibit 1.  These estimates assume that all forms are
submitted in accordance with the Hazardous Waste Report instructions. 
Exhibit 1 also estimates the annual respondent burden and cost for the
activities examined.

(b)	Notification of Regulated Waste Activity

In estimating the number of respondents subject to the notification
requirements covered in this ICR, EPA referred to RCRAInfo.  EPA
estimated the annual number of notifications tracked by RCRAInfo.  EPA
then averaged the number of notifications submitted in 2009 and 2010. 
These estimates are presented in Table 12 and used to estimate the total
respondent burden and costs per information collection activity shown in
Exhibit 2 of this ICR.

Part A Hazardous Waste Permit Application and Modification

In estimating the number of respondents subject to the Part A Permit
Application requirements covered in this ICR, EPA referred to the
RCRAInfo system.  EPA estimated the annual number of Part A Permit
Applications tracked by RCRAInfo.  EPA then averaged the number of
applications submitted in 2009 and 2010.  These estimates are presented
in Table 13 and used to estimate the total respondent burden and costs
per information collection activity shown in Exhibit 3 of this ICR.

Table 12

Annual Number of Respondents Subject to the Notification Requirements
Covered in this ICR a

Respondent Universe	Year 2009	Year 2010	Average of Years 2009 and 2010

	Private

Sector b	State and

Local

Government c	Total	Private

Sector b	State and

Local

Government c	Total	Private

Sector b	State and

Local

Government c	Total

Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

Number of facilities submitting notification prior to operating under
exclusion	23	0	23	23	2	25	23	1	24

Number of small quantity generators (SQGs) and conditionally-exempt
small quantity generators (CESQGs) submitting notification by March 1 of
each even numbered year thereafter	0	0	0	7	0	7	4	0	4

Number of facilities submitting notification indicating that they will
no longer manage hazardous secondary materials in accordance with the
exclusion	0	0	0	3	0	3	2	0	2

Notification of Hazardous Waste Activity under RCRA Section 3010

Number of facilities submitting initial notification	7,760	1,695	9,455
8,158	1,313	9,471	7,959	1,504	9,463

Number of facilities submitting subsequent notification	34,641	2,288
36,929	33,295	1,889	35,184	33,968	2,089	36,057

Notification of Hazardous Waste Activity under 40 CFR Part 262, Subpart
K

Number of eligible academic entities submitting notification of intent
to comply with Subpart K and recordkeeping of agreements	Not Available
Not

Available	Not

Available	6	2	8	6	2	8

Number of teaching hospitals not owned by a college or university opting
into Subpart K	Not Available	Not

Available	Not

Available	0	0	0	0	0	0

Number of non-profit research institutes not owned by a college or
university opting into Subpart K	Not Available	Not

Available	Not

Available	1	0	1	1	0	1

Number of eligible academic entities submitting notification of
withdrawal from 40 CFR Part 262, Subpart K	Not Available	Not

Available	Not

Available	0	0	0	0	0	0

Notification of Universal Waste Activity under 40 CFR Part 273, Subpart
C

Number of facilities submitting initial notification	54	20	74	68	17	85
61	19	80

Number of facilities submitting subsequent notification	80	3	83	60	5	65
70	4	74

Notification of Used Oil Activity under 40 CFR Part 279

Number of facilities submitting initial notification	99	1	100	122	4	126
111	3	114

Number of facilities submitting subsequent notification	180	5	185	217	12
229	199	9	208

a  Based on data from two RCRAInfo tables:  (1) “Hhandler,” (2)
“Howner_operator,” (3) “Huniversal_waste,” and (4)
“Hhsm_basic.”  All tables contain data current as of April 27, 2011.

b  Includes facilities owned and/or operated by “private” or
“other.”  Note that, in order to qualify as “private,” the
facility cannot be owned or operated by a Federal, State, or local
government.  For example, a facility owned by a State government and
operated by a private entity would qualify as a “State and local
government” facility, not as a “private” facility.

c  Includes facilities owned and/or operated by a “County,”
“District,” “Indian,” “Municipal,” or “State.”  Note
that, in order to qualify as “State and local government,” the
facility cannot be owned or operated by the Federal government.  For
example, a facility owned by the Federal government and operated by a
Municipal government would qualify as a “Federal government”
facility, not a “State and local government” facility.

Table 13

Annual Number of Respondents Subject to the Part A Permit Application
Requirements Covered in this ICR a

Respondent

Universe	Year 2009	Year 2010	Average of Years 2009 and 2010

	Private

Sector b	State and

Local

Government c	Total	Private

Sector b	State and

Local

Government c	Total	Private

Sector b	State and

Local

Government c	Total

Number of facilities submitting initial Part A Permit Application	4	0	4
2	1	3	3	1	4

Number of facilities submitting Part A Permit Modification	21	1	22	19	2
21	20	2	22

a  Based on data from two RCRAInfo tables:  (1) “Hhandler” and (2)
“Howner_operator.”  Both tables contain data current as of April 27,
2011.

b  Includes facilities owned and/or operated by “private” or
“other.”  Note that, in order to qualify as “private,” the
facility cannot be owned or operated by a Federal, State, or local
government.  For example, a facility owned by a State government and
operated by a private entity would qualify as a “State and local
government” facility, not as a “private” facility.

c  Includes facilities owned and/or operated by a “County,”
“District,” “Indian,” “Municipal,” or “State.”  Note
that, in order to qualify as “State and local government,” the
facility cannot be owned or operated by the Federal government.  For
example, a facility owned by the Federal government and operated by a
Municipal government would qualify as a “Federal government”
facility, not a “State and local government” facility.

(2)	Annual Respondent Burden

(a)	Hazardous Waste Report - Facilities (Exhibits 1A and 1B)

(a1)	Read the Hazardous Waste Report Instructions

EPA estimates that all 21,066 respondents will read the Hazardous Waste
Report instructions.  Annualized over the two-year report cycle, this
results in 10,533 respondents reading the instructions each year (i.e.,
9,488 private sector facilities and 1,045 State and local government
facilities).  

(a2)	Revise In-House or Commercial Data System

EPA estimates that all 7,858 electronic reporters will revise their
in-house or commercial data system to include new Hazardous Waste Report
data items that are not part of the facility’s general business
operations.  Annualized over the two-year report cycle, this results in
3,929 respondents revising their in-house or commercial data systems
each year (i.e., 3,707 private sector facilities and 222 State and local
government facilities).  

(a3)	Gather Information and Complete Site Identification Form

EPA estimates that all 21,066 respondents will complete and submit a
Site ID Form with the 2009 Hazardous Waste Report.  Annualized over the
two-year report cycle, this results in 10,533 respondents preparing and
submitting a Site ID Form each year (i.e., 9,488 private sector
facilities and 1,045 State and local government facilities).  

(a4)	Gather Information and Complete Form GM

EPA estimates that respondents will submit a total of 206,032 Forms GM
with the 2009 Hazardous Waste Report.  Annualized over the two-year
report cycle, this results in 103,016 Forms GM each year (i.e., 94,764
forms from private sector facilities and 8,252 forms from State and
local government facilities).

(a5)	Gather Information and Complete Form WR

EPA estimates that respondents will submit a total of 1,036,999 Forms WR
with the 2009 Hazardous Waste Report.  Annualized over the two-year
report cycle, this results in 518,500 Forms WR each year (i.e., 509,494
forms from private sector facilities and 9,006 forms from State and
local government facilities).  

Note that the number of Forms WR represents the number of blocks on Form
WR that have been completed; the paper form actually contains three
blocks of the same WR information (i.e., the same questions, repeated
three times on the same page).  

(a6)	Gather Information and Complete Form OI

Because this form is a State-optional form, EPA does not expect any
facilities to submit Form OI and therefore does not calculate the burden
for this form.

(a7)	Submit the Biennial Report to State/Region

EPA expects each respondent, 10,533 facilities per year (i.e., 9,488
private sector facilities and 1,045 State and local government
facilities), to submit the report to the appropriate State or Region.

(a8)	Maintain a Copy of Each Form 

EPA expects facilities to retain an estimated 632,049 (i.e., 10,533 Site
ID Forms + 103,016 Forms GM + 518,500 Forms WR) forms each year (i.e.,
613,746 forms from private sector facilities and 18,303 forms from State
and local government facilities).

(b)	Hazardous Waste Report – State Agencies (Exhibit 1C)

(b1)	Distribute Hazardous Waste Report Forms and Instructions

EPA estimates that State agencies will distribute Hazardous Waste Report
forms and instructions to 20,887 respondents.  Annualized over the
two-year report cycle, this results in 10,444 respondents each year.  

(b2)	Assist Respondents

EPA expects State agencies to provide assistance to all 20,887
respondents.  Annualized over the two-year report cycle, this results in
10,444 respondents each year.  

(b3)	Key Entry of Report Submissions

EPA estimates that State agencies will need to key enter data for 24,480
Hazardous Waste Report forms (i.e., Site ID Form, Form GM, and Form WR)
completed manually by the facilities.  Annualized over the two-year
report cycle, this results in 12,240 respondents each year.  

  

(b4)	Perform Quality Assurance

EPA expects State agencies to perform data quality assurance on all
1,261,900 Hazardous Waste Report forms (i.e., Site ID Form, Form GM, and
Form WR) submitted by facilities.  Annualized over the two-year report
cycle, this results in 630,950 respondents each year.  

(c)	Notification of Regulated Waste Activity (Exhibits 2A and 2B)

(c1)	Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

EPA estimates that, each year, 24 entities (i.e., 23 private sector
facilities and 1 State and local government facility) will notify EPA
under section 260.42 prior to operating under the exclusion and be
required to complete the information laid out at section 260.42(a).  

In addition, entities must re-notify EPA using the Site ID Form by March
1 of each even numbered year thereafter.  Note that the Hazardous Waste
Report regulations already require the submittal of the Site ID Form by
March 1 of each even numbered year by LQGs (40 CFR Part 262) and TSDFs
(40 CFR Part 264 and 265).  Hence, this section of the ICR estimates
burden for SQG and CESQG re-notifications only.  For purposes of this
ICR, EPA estimates that, each year, a total of four SQGs and CESQGs will
re-notify EPA (i.e., 4 private sector facilities and 0 State and local
government facilities).

EPA estimates that, each year, two entities will re-notify because they
stopped operating under the exclusion (i.e., 2 private sector facilities
and 0 State and local government facilities).

(c2)	Notification of Hazardous Waste Activity under RCRA Section 3010

EPA estimates that, each year, 9,463 facilities (i.e., 7,959 private
sector facilities and 1,504 State and local government facilities) will
submit an initial notification of hazardous waste activity under RCRA
Section 3010.  EPA also estimates that, each year, 36,057 facilities
(i.e., 33,968 private sector facilities and 2,089 State and local
government facilities) will submit a subsequent notification associated
with these requirements.  

(c3)	Notification of Hazardous Waste Activity under 40 CFR Part 262,
Subpart K

Intent to Comply with Subpart K and Recordkeeping of Agreements

An eligible academic entity must submit the Site ID Form to notify EPA
or the authorized State that it is electing to be subject to Subpart K
for all laboratories owned by the eligible academic entity under the
same EPA Identification Number.  An eligible academic entity that is a
CESQG and does not have an EPA Identification Number must notify for all
laboratories that are owned or operated by the eligible academic entity
that are on-site.  EPA estimates that, each year, eight forms will be
completed, submitted, and retained (i.e., 6 forms from private sector
entities and 2 forms from State and local government entities).

Teaching hospitals opting into Subpart K must keep a copy of their
formal written affiliation agreement with a college or university on
file if they are not owned by a college or university.  EPA does not
expect any eligible teaching hospital to opt into Subpart K during the
two-year period covered by this ICR.

Non-profit research institutes not owned by a college or university
opting into Subpart K must keep a copy of the formal written affiliation
agreement with a college or university on file.  EPA estimates that,
each year, one site will retain the agreement on file.

Withdrawal from 40 CFR Part 262, Subpart K

EPA does not expect any eligible academic entity to submit a withdrawal
notification during the two-year period covered by this ICR.

(c4)	Notification of Universal Waste Activity under 40 CFR Part 273,
Subpart C

EPA estimates that, each year, 80 facilities (i.e., 61 private sector
facilities and 19 State and local government facilities) will submit an
initial notification of universal waste activity under 40 CFR Part 273,
Subpart C.  Of these facilities, 75 percent (i.e., 80 x 0.75 = 60) will
use the Site ID Form and 25 percent (i.e., 80 x 0.25 = 20) will prepare
and submit a letter requesting an EPA Identification Number.  

EPA also estimates that, each year, 74 facilities (i.e., 70 private
sector facilities and 4 State and local government facilities) will
submit a subsequent notification of universal waste activity under 40
CFR Part 273, Subpart C.  Of these facilities, 75 percent (i.e., 74 x
0.75 = 56) will use the Site ID Form and 25 percent (i.e., 74 x 0.25 =
18) will prepare and submit a letter requesting an EPA Identification
Number.  

(c5)	Notification of Used Oil Activity under 40 CFR Part 279

EPA estimates that, each year, 114 facilities (i.e., 111 private sector
facilities and 3 State and local government facilities) will submit an
initial notification of used oil activity under 40 CFR Part 279.  Of
these facilities, 75 percent (i.e., 114 x 0.75 = 85) will use the Site
ID Form and 25 percent (i.e., 114 x 0.25 = 29) will prepare and submit a
letter requesting an EPA Identification Number.  

EPA also estimates that, each year, 208 facilities (i.e., 199 private
sector facilities and 9 State and local government facilities) will
submit a subsequent notification of universal waste activity under 40
CFR Part 273, Subpart C.  Of these facilities, 75 percent
(i.e., 208 x 0.75 = 156) will use the Site ID Form and 25 percent
(i.e., 208 x 0.25 = 52) will prepare and submit a letter requesting an
EPA Identification Number.  

Part A Hazardous Waste Permit Application and Modification - Facilities
(Exhibits 3A and 3B)

(d1)	Part A Permit Application

EPA estimates that, each year, four facilities (i.e., 3 private sector
facilities and 1 State and local government facility) will submit a new
Part A Permit Application.  All facilities will need to obtain
signatures for the Part A Permit Application, Part A Permit Application
reports, and other information requested by the Director.  In addition,
all facilities will need to obtain certifications from persons signing
permit documentation.  

EPA also estimates that, each year, 10 percent of the facilities
submitting Part A Permit Applications will have authorizations that are
no longer accurate because a different individual or position has
responsibility for the overall operation of the facility.  Therefore,
each year, one (1) facility will need to obtain a new authorization.

(d2)	Revised Part A Permit Applications and Associated Justifications
and Subpart H Compliance Demonstrations

EPA estimates that, each year, 22 facilities (i.e., 20 private sector
facilities and 2 State and local government facilities) will need to
revise their Part A Permit Application.  Of these, EPA expects that
approximately one-third (7 facilities) will submit a revised Part A
Permit Application in response to an EPA rulemaking, and two-thirds (15
facilities) will submit a revised Part A Permit Application for a
facility modification.  

EPA further estimates that, each year, one-third of facilities
submitting revised Part A Permit Applications (7 facilities) will need
to submit justifications due to either changes in the design capacity of
processes used at the facility and/or changes or additions in a
facility's hazardous waste treatment, storage, or disposal processes. 
In addition, EPA estimates that, each year, one-third of facilities
submitting revised Part A Permit Applications (7 facilities) will need
to submit a Subpart H compliance demonstration due to changes in
ownership or operational control of a facility.

Part A Hazardous Waste Permit Application and Modification – State
Agencies (Exhibit 3C)

(e1)	Part A Permit Application

EPA estimates that, each year, State agencies will receive four Part A
Permit Applications.  State agencies will need to review the
applications, review the signatories to the permit applications and
reports, and enter the Part A Permit Application information into the
RCRAInfo database.

EPA also estimates that, each year, 10 percent of the Part A Permit
Applications will have authorizations that are no longer accurate
because a different individual or position has responsibility for the
overall operation of the facility.  Therefore, each year, State agencies
will need to notify one (1) applicant of a deficiency in the Part A
Application and review the newly authorized signature.

(e2)	Revised Part A Permit Applications and Associated Justifications
and Subpart H Compliance Demonstrations

EPA estimates that, each year, State agencies will receive 22 revised
Part A Permit Applications.  State agencies will need to review the
applications and enter the Part A Permit Application information into
the RCRAInfo database.

  

EPA further estimates that, each year, one-third of the revised Part A
Permit Applications (7 applications) will be accompanied by
justifications due to either changes in the design capacity of processes
used at the facility and/or changes or additions in a facility's
hazardous waste treatment, storage, or disposal processes.  In addition,
EPA estimates that, each year, one-third of the revised Part A Permit
Applications (7 applications) will be accompanied by a Subpart H
compliance demonstration due to changes in ownership or operational
control of a facility.  State agencies will need to review all
justifications and Subpart H compliance demonstrations.

  SEQ CHAPTER \h \r 1 	6(e)	BOTTOM LINE HOUR AND COST BURDEN

(1)	Respondent Tally

Exhibit 7 summarizes the total annual respondent hour and cost burden
associated with all the requirements covered in this ICR.  As shown in
the exhibit, EPA estimates the annual respondent burden to be 440,243
hours and $18,267,341.  The bottom line burden to respondents over two
years is estimated to be 880,486 hours and $36,534,682.

(2)	Agency Tally

Exhibit 8 summarizes the total annual EPA hour and cost burden
associated with all the requirements covered in this ICR.  As shown in
the exhibit, EPA estimates the annual EPA burden to be 120,882 hours and
$6,306,439.  The bottom line burden to EPA over two years is estimated
to be 241,764 hours and $12,612,878.

6(f)	REASONS FOR CHANGE IN BURDEN

Following is a discussion of reasons for change in burden.  Note that
this ICR burden changed solely because of adjustments.  There were no
program changes.  

(1)	Hazardous Waste Report

(a)	Facility Burden

	For facilities, the annual burden estimate for the 2009 Hazardous Waste
Report (EPA ICR Number 0976.14) was 169,780 hours.  The annual burden
estimate for the 2011 Hazardous Waste Report is 171,280 hours.  This
represents an increase of 1,500 hours.  

	This increase in burden has occurred for three primary reasons.  First,
there was an increase in the annualized number of respondents, from
8,242 projected for 2009 to 10,533 projected for 2011.  Second, there
was an increase in the number of Hazardous Waste Report forms projected
for 2009 versus the number of forms projected for 2011.  Table 14
compares the projected number of forms for the 2009 and the 2011
Hazardous Waste Reports.  

	Third, in developing this ICR, EPA carefully reviewed the respondent
activities associated with the Hazardous Waste Report requirements. 
Based on consultations with industry and States, EPA increased some of
the hourly and cost burden estimates associated with the Hazardous Waste
Report.  EPA believes that the revised burden estimates included in this
ICR reflect a realistic industry average.

Table 14

Comparison of Projected Number of Forms 

for the 2009 and 2011 Hazardous Waste Report

Hazardous Waste Report Form	Projected Number of Forms	Difference

	2009

Hazardous

Waste Report	2011

Hazardous

Waste Report

	Site Identification (Site ID) Form	16,483 	21,066	4,583

Form GM - Generation and Management 	205,994 	206,032	38

Form WR - Waste Received from Offsite	861,640	1,036,999	175,359

Total	1,084,117 	1,264,097	179,980



(b)	State Agency Burden

	For State agencies, the annual burden estimate for the 2009 Hazardous
Waste Report (EPA ICR Number 0976.14) was 215,828 hours.  The annual
burden estimate for the 2011 Hazardous Waste Report is 234,647 hours. 
This represents an increase of 18,819 hours.  

	This increase in burden has occurred because EPA projects an increase
in the number of respondents and Hazardous Waste Report forms from 2009
to 2011.  Refer to Table 14 for a comparison of the projected number of
forms for the 2009 and the 2011 Hazardous Waste Reports.

Notification of Regulated Waste Activity

	For facilities, the annual burden estimate in the previously approved
ICR (EPA ICR Number 0976.14) was 36,525 hours.  The annual burden
estimate for the same notification requirements covered in this current
ICR is 33,826 hours.  This represents a decrease of 2,699 hours.  

	This decrease in burden has occurred primarily because there was a
decrease in the total number of notifications covered in the ICR.  As
shown in Table 15, the total number of notifications decreased from
48,255 in the previously approved ICR (EPA ICR Number 0976.14) to 46,035
in this ICR (EPA ICR Number 0976.15).  Note that, in estimating the
number of notifications in this ICR, EPA used the average of the number
of notifications submitted in 2009 and 2010 (see Table 12).  In each of
these years, there was a decrease in the total annual number of
notifications submitted to EPA, when compared to the annual number of
notifications in the previously approved ICR.  Thus, EPA believes that
the number of notifications included in this current ICR is consistent
with the respondent universe subject to these notification requirements.

Table 15

Comparison of Projected Number of Notifications in the

Previously Approved ICR (EPA ICR Number 0976.14) and

this ICR (EPA ICR Number 0976.15).  

Type of Notification	Projected Number of Notifications	Difference a

	EPA ICR Number 0976.14	EPA ICR Number 0976.15

	Notification of Hazardous Secondary Material Activity under 40 CFR
260.42	2,029	30	-1,999

Notification of Hazardous Waste Activity under RCRA Section 3010	45,899
45,520	-379

Notification of Hazardous Waste Activity under 40 CFR Part 262, Subpart
K	40	9	-31

Notification of Universal Waste Activity under 40 CFR Part 273, Subpart
C	44	154	110

Notification of Used Oil Activity under 40 CFR Part 279	243	322	79

Total	48,255	46,035	-2,220

a  Negative value indicates a decrease in the number of forms.

Part A Hazardous Waste Permit Application and Modification

(a)	Facility Burden

	For facilities, the annual burden estimate in the previously approved
Part A Permit Application ICR (EPA ICR Number 0262.12) was 402 hours. 
The annual respondent burden estimate for the same permit application
requirements covered in this ICR is 389 hours.  This represents a
decrease of 13 hours.  

	The decrease in hourly burden occurred primarily because there was a
decrease in the number of new Part A Permit Applications.  The number of
new Part A Permit Applications decreased from eight in the previously
approved ICR to four in this ICR.  Note that, in estimating the number
of new Part A Permit Applications in this ICR, EPA used the average of
the number of new Part A Permit Applications submitted in 2009 and 2010
(see Table 13).  In each of these years, there was a decrease in the
annual number of new Part A Permit Applications submitted to EPA, when
compared to the annual number of new Part A Permit Applications in the
previously approved ICR.  Thus, EPA believes that the number of new Part
A Permit Applications included in this ICR is consistent with the
respondent universe subject to these permitting requirements.

(b)	State Agency Burden

	For State agencies, the annual burden estimate in the previously
approved Part A Permit Application ICR (EPA ICR Number 0262.12) was 95
hours.  The annual respondent burden estimate for the same permit
application requirements covered in this ICR is 101 hours.  This
represents an increase of 6 hours.  

	The increase in hourly burden occurred primarily because there was an
increase in the number of revised Part A Permit Applications and
associated justifications and Subpart H compliance demonstrations.  The
number of revised Part A Permit Applications increased from 15 in the
previously approved ICR to 22 in this ICR.  Note that, in estimating the
number of revised Part A Permit Applications in this ICR, EPA used the
average of the number of Part A Permit Applications submitted in 2009
and 2010 (see Table 13).  In each of these years, there was an increase
in the annual number of revised Part A Permit Applications submitted to
EPA, when compared to the annual number of revised Part A Permit
Applications in the previously approved ICR.  Thus, EPA believes that
the number of revised Part A Permit Applications included in this ICR is
consistent with the respondent universe subject to these permitting
requirements.

6(g)	PUBLIC BURDEN STATEMENT

(1)	Hazardous Waste Report

	The reporting burden is estimated to be 12 hours for a facility to
gather data, complete and review the forms, and submit the Hazardous
Waste Report.  The recordkeeping burden is estimated to be 5 hours to
read the instructions, and file and store the Hazardous Waste Report
submission for three years.

	The reporting burden is estimated to be 22 hours per facility for a
State agency to distribute Hazardous Waste Report forms and
instructions, assist respondents, key entry report submissions, and
perform quality assurance.  There are no recordkeeping requirements
associated with this requirement, and as such, there is no recordkeeping
burden.

(2)	Notification of Regulated Waste Activity

(a)	Notification of Hazardous Secondary Material Activity under 40 CFR
260.42

The reporting burden associated with hazardous secondary material
notification requirements is estimated to be 1 hour for a facility to
notify EPA under section 260.42.  There are no recordkeeping
requirements associated with this requirement, and as such, there is no
recordkeeping burden.

(b)	Notification of Hazardous Waste Activity under RCRA Section 3010

The reporting burden associated with RCRA Section 3010 notification
requirements (initial and subsequent) is estimated to be 45 minutes for
a facility to complete and submit the form.  There are no recordkeeping
requirements associated with this requirement, and as such, there is no
recordkeeping burden.

(c)	Notification of Hazardous Waste Activity under 40 CFR Part 262,
Subpart K

The reporting burden associated with notification requirements under 40
CFR Part 262, Subpart K is estimated to be 40 minutes for a facility to
prepare and submit a Site ID Form to opt into or withdraw from Subpart
K.  The recordkeeping burden is estimated to be 5 minutes to keep copies
of notification and affiliation agreements on-site.

(d)	Notification of Universal Waste Activity under 40 CFR Part 273,
Subpart C

The reporting burden associated with 40 CFR Part 273, Subpart C
notification requirements (initial and subsequent) is estimated to be 45
minutes for a facility to complete the Site ID Form or prepare a letter
requesting an EPA Identification Number, and submit the completed Site
ID Form or letter.  There are no recordkeeping requirements associated
with this requirement, and as such, there is no recordkeeping burden.

(e)	Notification of Used Oil Activity under 40 CFR Part 279

The reporting burden associated with 40 CFR Part 279 notification
requirements (initial and subsequent) is estimated to be 45 minutes for
a facility to complete the Site ID Form or prepare a letter requesting
an EPA Identification Number, and submit the completed Site ID Form or
letter.  There are no recordkeeping requirements associated with this
requirement, and as such, there is no recordkeeping burden.

Part A Hazardous Waste Permit Application and Modification

Part A Permit Application

The reporting burden associated with the Part A Permit Application
requirements is estimated to be 20 hours for a facility to prepare and
submit a Part A Permit Application.  The recordkeeping burden is
estimated to be 6 hours to read the regulations.

The reporting burden associated with the Part A Permit Application
requirements is estimated to be 10 minutes for a State agency to notify
an applicant of a deficiency in the Part A Permit Application.  The
recordkeeping burden is estimated to be 5 hours to review an application
and signatories to the permit applications and reports, and enter the
Part A Permit Application information into the RCRAInfo database.

Revised Part A Permit Applications and Associated Justifications and
Subpart H Compliance Demonstrations

The reporting burden associated with revising a Part A Permit
Applications is estimated to be 10 hours for facilities to prepare and
submit a revised Part A Permit Application, prepare and submit
justifications for changes, and prepare and submit Subpart H compliance
demonstrations.  The recordkeeping burden is estimated to be 3 hours to
read the regulations.

The recordkeeping burden associated with revising a Part A Permit
Applications is estimated to be 4 hours for State agencies to review a
Part A Permit Application, justification, and Subpart H compliance
demonstration, and enter the Part A Permit Application information into
the RCRAInfo database.  There are no reporting requirements associated
with this requirement, and as such, there is no reporting burden.

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

To comment on EPA '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-2011-0280, 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 Avenue,
NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Reading Room is (202) 566-1744,
and the telephone number for the RCRA Docket is (202) 566-0270.  An
electronic version of the public docket is available at   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 Number EPA-HQ-RCRA-2011-0280 and OMB Control Number
2050-0024 in any correspondence.

  An LQG is a facility that generates 1,000 kilograms (2,200 pounds) or
more of hazardous waste in any single calendar month, or more than 1
kilogram (2.2 pounds) of acute hazardous waste in any single calendar
month, or more than 100 kilograms (220 pounds) of acute hazardous waste
spill clean-up material in any single calendar month.

  Addressing State and local government agencies as “respondents” is
consistent with EPA’s interpretation of the definition of respondent
in the Paperwork Reduction Act (PRA).

  Ibid.

  RCRAInfo is a national database used by EPA to track entities
regulated under Subtitle C of RCRA (i.e., hazardous waste handlers). 
RCRAInfo includes data on general handler information, waste generation
and management, permit or closure status, compliance with Federal and
State regulations, and cleanup activities.

  2009 Hazardous Waste Report (i.e., 2009 Biennial Report) data used in
this analysis are current as of April 12-29, 2011.

  2009 Hazardous Waste Report (i.e., 2009 Biennial Report) data used in
this analysis are current as of April 12-29, 2011.

  Bureau of Labor Statistics, “Table 4. Employment Cost Index for
total compensation, for civilian workers, by occupational and
industry,” Employment Cost Index - Historical Listing, March 2011. 
Available online at:    HYPERLINK
"http://www.bls.gov/web/eci/ecicois.pdf" 
http://www.bls.gov/web/eci/ecicois.pdf , last accessed on May 16, 2011. 
Civilian Workers, All Workers, June 2009=110.2 and March 2011=114.0.

  Bureau of Labor Statistics, “Table 7. Employment Cost Index for
total compensation, for State and local government workers, by
occupational and industry,” Employment Cost Index - Historical
Listing, March 2011.  Available online at:    HYPERLINK
"http://www.bls.gov/web/eci/ecicois.pdf" 
http://www.bls.gov/web/eci/ecicois.pdf , last accessed on May 16, 2011. 
State and Local Government Workers, All Workers, June 2009=112.8 and
March 2011=116.6.

  U.S. Postal Service; “First-Class Mail Prices.”  Available online
at:    HYPERLINK
"http://www.usps.com/prices/first-class-mail-prices.htm" 
http://www.usps.com/prices/first-class-mail-prices.htm , last accessed
on July 7, 2011.

  U.S. Postal Service; “Extra Services Prices.”  Available online
at:    HYPERLINK "http://www.usps.com/prices/extra-services-prices.htm" 
http://www.usps.com/prices/extra-services-prices.htm , last accessed on
July 7, 2011.

  Catalog envelope cost based on current market price, as of July 7,
2011 (i.e., box of 100 catalog envelopes with gummed closure at $8.79). 

  U.S. Postal Service; “First-Class Mail Prices.”  Available online
at:    HYPERLINK
"http://www.usps.com/prices/first-class-mail-prices.htm" 
http://www.usps.com/prices/first-class-mail-prices.htm , last accessed
on July 7, 2011.

  U.S. Postal Service; “Extra Services Prices.”  Available online
at:    HYPERLINK "http://www.usps.com/prices/extra-services-prices.htm" 
http://www.usps.com/prices/extra-services-prices.htm , last accessed on
July 7, 2011.

  Standard business envelope cost based on current market price, as of
July 7, 2011 (i.e., box of 500 standard business envelopes with gummed
closure at $8.99). 

  U.S. Postal Service; “First-Class Mail Prices.”  Available online
at:    HYPERLINK
"http://www.usps.com/prices/first-class-mail-prices.htm" 
http://www.usps.com/prices/first-class-mail-prices.htm , last accessed
on July 7, 2011.

  Catalog envelope cost based on current market price, as of July 7,
2011 (i.e., box of 100 catalog envelopes with gummed closure at $8.79). 

  Bureau of Labor Statistics, Table Containing History of CPI-U U.S. All
Items Indexes and Annual Percent Changes From 1913 to Present, June 15,
2011.  Available online at:    HYPERLINK
"ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt" 
ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt , last accessed on
July 7, 2011.  All items, September 2009=215.969 and May 2011=225.964.

  Addressing State and local government agencies as “respondents” is
consistent with EPA’s interpretation of the definition of
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 PAGE  70 

