SUPPORTING STATEMENT FOR

INFORMATION COLLECTION REQUEST NUMBER 1775.06

“HAZARDOUS REMEDIATION WASTE MANAGEMENT 

REQUIREMENTS (HWIR-MEDIA)”

May 31, 2012

TABLE OF CONTENTS

1.  	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)  	Title of the Information Collection	2

1(b)  	Short Characterization	2

2.  	NEED FOR AND USE OF THE COLLECTION

2(a)  	Need/Authority for the Collection	8

2(b)  	Practical Utility/Users of the Data	11

3.  	NONDUPLICATION, CONSULTATIONS, AND OTHER 

COLLECTION CRITERIA

3(a)  	Nonduplication	13

3(b)  	Public Notice	14

3(c)  	Consultations	14

3(d)  	Effects of Less Frequent Collection	14

3(e)  	General Guidelines	15

3(f)  	Confidentiality	15

3(g)  	Sensitive Questions	15

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)  	Respondent SIC/NAICS Codes	15

4(b)  	Information Requested	16

5.  	THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION

     	METHODOLOGY AND INFORMATION MANAGEMENT

5(a)  	Agency Activities	30

5(b)  	Collection Methodology and Management	35

5(c)  	Small Entity Flexibility	35

5(d)  	Collection Schedule	35

6.  	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)  	Estimating Respondent Hours	36

6(b)  	Estimating Respondent Costs	36

6(c)  	Estimating Agency Hour and Cost Burden	37

6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden
38

6(e)  	Bottom Line Hour and Cost Burden	38

6(f)  	Reasons for Change in Burden	44

6(g)  	Reasons for Change in Burden	45

6(h)  	Burden Statement	45

Exhibit 1:  Estimated Annual Respondent Hour and Cost Burden	47

Exhibit 2:  Estimated Annual Federal Agency Hour and Cost Burden	49

Exhibit 3:  Estimated Annual State Agency Hour and Cost Burden	51

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection

This Information Collection Request (ICR) is entitled “Hazardous
Remediation Waste Management Requirements (HWIR-Media) (Renewal),” ICR
Number 1775.06.

1(b)	Short Characterization

The Resource Conservation and Recovery Act of 1976 (RCRA), as amended,
requires the U.S. Environmental Protection Agency (EPA) to establish a
national regulatory program to ensure that hazardous wastes are managed
in a manner protective of human health and the environment.  Under this
program (known as the RCRA Subtitle C program), EPA regulates newly
generated hazardous wastes, as well as hazardous remediation wastes
(i.e., hazardous wastes managed during cleanup).  

To facilitate prompt and protective treatment, storage, and disposal of
hazardous remediation wastes, EPA established three requirements for
remediation waste management sites that are different from those for
facilities managing newly generated hazardous waste:

Performance standards for remediation waste management sites at 40 CFR
264.1(j) that replaced the detailed requirements in 40 CFR part 264,
subparts B, C, and D (General Facility Standards, Preparedness and
Prevention, and Contingency Plans and Emergency Procedures);

A provision excluding remediation waste management sites from RCRA
section 3004(u)’s requirements for facility-wide corrective action;
and 

A new form of RCRA permit for treating, storing, and disposing of
hazardous remediation wastes at 40 CFR part 270, subpart H.  The new
permit, a Remedial Action Plan (RAP), streamlines the permitting process
for remediation waste management sites to allow cleanups to take place
more quickly.

In addition, EPA created a new kind of unit called a “staging pile”
at 40 CFR 264.554 that allows more flexibility in storing remediation
waste during cleanup.

This ICR describes the requirements applicable to owners/operators of
remediation waste management sites at 40 CFR 264.1(j) and part 270,
subpart H, as well as the requirements for staging piles at 40 CFR
264.554.  It replaces the previously approved ICR on remediation waste
management requirements (i.e., ICR Number 1775.05).  Sections 1 through
5 of this ICR describe the specific information collection requirements
(e.g., from the standpoint of need, use, respondent activities).  In
Section 6, EPA estimates the annual hour and cost burden to respondents
and the Agency under these requirements, and discusses the reasons for
the change in annual burden since the previously approved ICR.

Following is a brief description of the information collection
requirements applicable to owners/operators of remediation waste
management sites.

(1)	General Requirements for Hazardous Remediation Waste Management
Sites

Hazardous remediation waste management sites must comply with all parts
of 40 CFR part 264 except subparts B, C, and D, and section 264.101.  In
place of the requirements in subparts B, C, and D, however, they need to
comply with performance standards based on the general requirement goals
in these sections, which are codified at 40 CFR 264.1(j).

40 CFR 264.1(j)(1) requires owners/operators of remediation waste
management sites to obtain an EPA identification number.  

40 CFR 264.1(j)(2) requires owners/operators of remediation waste
management sites to obtain a detailed chemical and physical analysis of
a representative sample of the hazardous remediation wastes to be
managed at the site.  At a minimum, the waste analysis must contain all
the information that must be known to treat, store or disposed of the
waste in accordance with 40 CFR parts 264 and 268, and must be kept
accurate and up to date.

40 CFR 264.1(j)(4) requires owners/operators to inspect the remediation
waste management site for malfunctions, deterioration, operator errors,
and discharges that may be causing, or may lead to, a release of
hazardous waste constituents to the environment, or a threat to human
health.  The owner/operator must conduct these inspections often enough
to identify problems in time to correct them before they harm human
health or the environment, and must remedy the problem before it leads
to a human health or environmental hazard.  Where a hazard is imminent
or has already occurred, the owner/operator must take remedial action
immediately.

Under 40 CFR 264.1(j)(7), owners/operators of remediation waste
management sites must design, construct, operate, and maintain units
within a 100-year floodplain to prevent washout of any hazardous waste
by a 100-year flood, unless they can meet the demonstration requirements
of section 264.18(b).  

40 CFR 264.1(j)(9) requires owners/operators to develop and maintain a
construction quality assurance program for all surface impoundments,
waste piles, and landfill units that are required to comply with
sections 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d)
at the remediation waste management site, according to the requirements
of section 264.19.

 

40 CFR 264.1(j)(10) requires owners/operators of remediation waste
management sites to develop and maintain procedures to prevent
accidents.  These procedures must address proper design, construction,
maintenance, and operation of hazardous remediation waste management
units at the site.  In addition, owners/operators must develop and
maintain a contingency and emergency plan to control accidents that
occur.  The plan must explain specifically how to treat, store, and
dispose of the hazardous remediation waste in question, and must be
implemented immediately whenever fire, explosion, or release of
hazardous waste or hazardous waste constituents that could threaten
human health or the environment.

40 CFR 264.1(j)(12) requires owners/operators of remediation waste
management sites to develop, maintain, and implement a plan to meet the
requirements in sections 264.1(j)(2) through (j)(6) and sections
264.1(j)(9) through (j)(10).  

40 CFR 264.1(j)(13) requires owners/operators of remediation waste
management sites to maintain records documenting compliance with
sections 264.1(j)(1) through (j)(12).  Under 40 CFR 264.73(b)(17),
owners/operators of remediation waste management sites are required to
record, as it becomes available, and maintain in the operating record
any records required under section 264.1(j)(13). 

(2)	Requirements for Staging Piles

A staging pile is an accumulation of remediation waste that is not a
containment building and is used only during remedial operations for
temporary storage at a facility.  A staging pile is not subject to land
disposal restrictions or minimum technology requirements and must be
used as part of an approved RCRA permit, RAP, closure plan, or
corrective action order issued under section 3008(h) of RCRA.

Under 40 CFR 264.554(c)(1), owners/operators seeking staging pile
designations must provide sufficient and accurate information to enable
the Director to impose standards and design criteria for the staging
pile.  In addition, under section 264.554(c)(2), the owner/operator must
provide a certification by an independent, qualified, registered
professional engineer for technical data (e.g., design drawings and
specifications, engineering studies), unless the Director determines,
based on information provided by the owner/operator, that the
certification is not necessary to ensure that the staging pile will
protect human health and the environment.  Finally, under section
264.554(c)(3), the owner/operator must provide any additional
information the Director determines is necessary to protect human health
and the environment.

As provided under 40 CFR 264.554(d)(1)(iii), a staging pile must not
operate for more than two years, except when the Director grants an
operating term extension under section 264.554(i).  The owner/operator
must measure the two-year limit, or other operating term specified by
the Director in the permit, closure plan, or order, from the first time
remediation waste is placed into the staging pile.  The owner/operator
must maintain a record of the date when remediation waste was first
placed into the staging pile for the life of the permit, order, or
approved closure plan, or for three years, whichever is longer.

Under 40 CFR 264.554(i)(1), the Director may grant one operating term
extension for a staging pile of up to 180 days beyond the operating term
limit contained in the permit, closure plan, or order.  To obtain an
extension, owners/operators must document that an extension will not
pose a threat to human health and the environment and is necessary to
ensure timely and efficient implementation of remedial actions at the
facility.

40 CFR 264.554(k) provides that, within 180 days after the operating
term of the staging pile expires, owners/operators must close a staging
pile located in an uncontaminated area of the site in accordance with
sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111
(i.e., the closure requirements for waste piles).

40 CFR 264.554(l) specifies procedures for incorporating staging piles
into existing permits (including RAPs), closure plans, or orders. 
Pursuant to section 264.554(l)(1), a permit, other than a RAP, may be
modified to incorporate a staging pile or staging pile operating term
extension as part of an Agency-initiated permit modification under
section 270.41or as part of an owner/operator initiated Class 2 permit
modification under section 270.42.  Pursuant to section 264.554(l)(2),
an owner/operator may modify an existing RAP to incorporate a staging
pile or staging pile operating term extension by complying with the RAP
modification requirements under sections 270.170 and 270.175.  Pursuant
to section 265.554(l)(3), an owner/operator may modify an existing
closure plan to incorporate a staging pile or staging pile operating
term extension by following the applicable requirements under section
264.112(c) or 265.112(c).  Pursuant to section 264.554(l)(4), an
owner/operator may modify an existing order to incorporate a staging
pile or staging pile operating term extension by following the terms of
the order and the applicable provisions of section 270.72(a)(5) or
270.72(b)(5). 

(3)	Remedial Action Plans

40 CFR 270.80(a) defines a RAP as a special form of RCRA permit that an
owner/operator of a remediation waste management site may obtain,
instead of a permit issued under sections 270.3 through 270.66, to
treat, store, or dispose of hazardous remediation waste at a remediation
waste management site.  

Under 40 CFR 270.85(a), whenever an owner/operator treats, stores, or
disposes of hazardous remediation waste in a manner that requires a RCRA
permit under section 270.1, the owner/operator must either obtain a RCRA
permit or a RAP.  

Under 40 CFR 270.85(c), an owner/operator may obtain a RAP for managing
hazardous remediation waste at an already permitted RCRA facility.  This
RAP must be approved as a modification to the existing permit according
to the requirements of section 270.41 or section 270.42.  However, when
the owner/operator submits an application for such modification, the
information requirements in section 270.42(a)(1)(i), (b)(1)(iv), and
(c)(1)(iv) do not apply; instead, the owner/operator must submit the
information required under section 270.110.  When the permit is
modified, the RAP becomes part of the RCRA permit. 

Under 40 CFR 270.95, an owner/operator may apply for a RAP by completing
an application, signing it, and submitting it to the Director.  

40 CFR 270.100 provides that, when a facility or remediation waste
management site is owned by one person, but the treatment, storage, or
disposal activities are operated by another person, it is the
operator’s duty to obtain a RAP.  Under section 270.105, both the
owner and the operator must sign the RAP application and any required
reports according to sections 270.11(a) through (c).  In addition, both
the owner and the operator must also make the certification required
under section 270.11(d)(1).  However, the owner may choose the
alternative certification under section 270.11(d)(2) if the operator
certifies under section 270.11(d)(1).

The RAP application must include all the information specified in
section 270.110.  Under section 270.115, an owner/operator may claim as
confidential any or all of the information he submits to EPA.  Any such
claim must be asserted at the time he submits his RAP application or
other submissions by stamping the words “confidential business
information” on each page containing such information.  The
owner/operator must submit the RAP application to the Director for
approval (§270.120).  If the RAP application is submitted as part of
another document, he must clearly identify the components of that
document that constitute the RAP application (§270.125).

40 CFR 270.130(b) provides that, if the Director tentatively finds that
a RAP application does not include all of the information requested in
section 270.110 or that the proposed remediation waste management
activities do not meet the regulatory standards, the Director may
request additional information from the owner/operator or ask the
owner/operator to correct deficiencies in his application.

Under 40 CFR 270.170, the Director must specify in a RAP, either
directly or by reference, procedures for future modifications,
revocations and reissuance, or termination of the RAP.  These procedures
must provide adequate opportunities for public review and comment on any
modification, revocation and reissuance, or termination that would
significantly change the management of the remediation waste, or that
otherwise merits public review and comment.  

If the RAP has been incorporated into a traditional RCRA permit, as
allowed under section 270.85(c), then the RAP will be modified according
to the applicable requirements in sections 270.40 through 270.42,
revoked and reissued according to the applicable requirements in
sections 270.41 and 270.43, or terminated according to applicable
requirements of section 270.43. 

Under 40 CFR 270.195, RAPs must be issued for a fixed term, not to
exceed ten years, although they may be renewed upon approval by the
Director in fixed increments of no more than ten years.  Under section
270.200, if an owner/operator wishes to renew his expiring RAP, he must
follow the process for application for and issuance of RAPs.  

40 CFR 270.210 requires owners/operators of remediation waste management
sites to keep records concerning their RAP.  All records must be kept
for a period of at least three years from the date the RAP application
is signed.

Under 40 CFR 270.220(a), owners/operators of remediation waste
management sites may transfer their RAPs to new owners/operators.  To
transfer the RAP, owners/operators must follow the requirements
specified in their RAP for RAP modification to identify the new
owner/operator, and incorporate any other necessary requirements.  The
new owner/operator must submit a revised RAP application no later than
90 days before the scheduled change along with a written agreement
containing a specific date for transfer of RAP responsibility between
the owner/operator and the new permittees.

Under 40 CFR 270.220(b), when a transfer of ownership occurs, the old
owner/operator must comply with applicable requirements of 40 CFR part
264, subpart H, until the new owner/operator has demonstrated compliance
(i.e., within six months of the date of the change).

Under 40 CFR 270.230(a), owners/operators may request a RAP for
remediation waste management activities at a location removed from the
area where the remediation wastes originated if they believe such a
location would be more protective than the contaminated area or areas in
close proximity.  Owners/operators must request the RAP, and the
Director will approve or deny the RAP, according to the requirements in
part 270, subpart H (§270.230(c)).

A RAP for an alternative location must meet the additional requirements
specified in section 270.230(d), including the RCRA expanded public
participation requirements in sections 124.31 through 124.33.  In
addition, under section 270.230(e)(2), these alternative locations are
remediation waste management sites, and retain the benefit of complying
with the requirements of section 264.1(j) in lieu of part 264, subparts
B, C, and D. 

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

This section describes the need and authority for each type of
information collection analyzed in this ICR.  All information collection
requirements associated with the hazardous remediation waste management
requirements were established under the authority of sections 3004 and
3005 of RCRA, as amended.  EPA believes these information collection
requirements are necessary to balance streamlined regulation of
remediation wastes with the Agency's responsibility to protect human
health and the environment.  



(1)	General Requirements for Hazardous Remediation Waste Management
Sites 

Hazardous remediation waste management sites must comply with all parts
of 40 CFR part 264 except subparts B, C, and D, and section 264.101.  In
place of the requirements in subparts B, C, and D, however, they need to
comply with performance standards based on the general requirement goals
in these sections, which are codified at 40 CFR 264.1(j).

Section 264.1(j)(1) requires owners/operators of hazardous waste
remediation sites to obtain an EPA identification number by applying to
the Administrator using EPA Form 8700-12.  This information collection
is required by section 3010 of RCRA, and is needed to ensure consistent
and coordinated identification of the site by EPA under RCRA and other
regulatory programs.  

Section 264.1(j)(2) requires owners/operators of remediation waste
management sites to obtain a detailed chemical and physical analysis of
a representative sample of the waste that will be remediated.  At a
minimum, the waste analysis must contain all the information which must
be known to treat, store, or dispose of the waste in accordance with 40
CFR parts 264 and 268.  The owner/operator needs the information
obtained from the waste analysis to determine whether there are any
potential dangers from handling the remediation waste.  The waste
analysis requirement contributes to EPA's goal of preventing undetected
releases or reactions of hazardous waste on site.

Section 264.1(j)(4) requires owners/operators to inspect the remediation
waste management site for malfunctions, deterioration, operator errors,
and discharges that may be causing, or may lead to, a release of
hazardous waste constituents to the environment, or a threat to human
health.  The owner/operator needs to conduct these inspections to
identify problems in time to correct them before they harm human health
or the environment.  EPA needs owners/operators to perform inspections
in order to prevent undetected releases or other problems at the
facility.

Section 264.1(j)(7) requires owners/operators not to locate remediation
waste management units within a floodplain unless the owner/operator can
meet the demonstration of section 264.18(b).  In particular, the
owner/operator must demonstrate that procedures will be in effect to
remove waste safely before flood waters reach the unit in the event of a
flood, or no adverse effects on human health or the environment would
result from a washout.  This information collection contributes to EPA's
goal of preventing unforseen releases of hazardous wastes.

Section 264.1(j)(9) requires owners/operators to develop and maintain a
construction quality assurance program for surface impoundments, waste
piles, and landfills, as specified.  EPA needs this information to
ensure that the units are constructed and designed to prevent unforseen
releases of hazardous wastes.

Section 264.1(j)(10) codifies streamlined contingency and emergency
plan regulations for hazardous remediation waste sites.  Requiring
remediation waste management sites to develop and maintain contingency
and emergency plans contributes to EPA's goal of minimizing
unanticipated damage from the treatment, storage, or disposal of
hazardous waste.  Contingency planning is also mandated by RCRA section
3004(a)(5).  

Section 264.1(j)(12) requires owners/operators of remediation waste
management sites to develop, maintain, and implement a plan to meet the
requirements in sections 264.1(j)(2) through (j)(6) and sections
264.1(j)(9) through (j)(10).  40 CFR 264.1(j)(13) requires
owners/operators of remediation waste management sites to maintain
records documenting compliance with sections 264.1(j)(1) through
(j)(12).  Under 40 CFR 264.73(b)(17), owners/operators of remediation
waste management sites are required to record, as it becomes available,
and maintain in the operating record any records required under section
264.1(j)(13).  EPA needs a record of this information to be sure that
the requirements of section 264.1(j) are being met.

(2)	Requirements for Staging Piles

Staging piles are codified at 40 CFR 264.554 under the authority of
section 3004 of RCRA.  Sections 264.554(c) and (d) identify procedures
and information requirements for designating staging piles.  Information
provided to EPA by owners/operators seeking designation of staging piles
is needed to ensure that the design and operation of the staging pile
will comply with all applicable regulations and will be protective of
human health and the environment.  

Owners/operators may request an extension of up to six months to the
two-year limit for staging pile operation.  Extensions are authorized
under section 264.554(i) and require a request with supporting
information to be submitted to EPA.  EPA requires information in
extension requests to ensure that continued operation of the staging
pile is necessary and will not pose a threat to human health and the
environment.  In addition, the information may be necessary to develop
further standards and design criteria for the staging pile.

Section 264.554(k) provides that, within 180 days after the operating
term of the staging pile expires, owners/operators must close a staging
pile located in an uncontaminated area of the site in accordance with
sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111
(i.e., the closure requirements for waste piles). 

Section 264.554(l) specifies procedures for incorporating staging piles
into existing permits (including RAPs), closure plans, or orders, at the
owner/operator's initiative.  These procedures are needed to keep the
permit, closure plans, or orders up to date.

(3)	Remedial Action Plans

Under 40 CFR 270.80 through 270.90, EPA provides general information on
RAPs (e.g., a definition of a RAP, applicability criteria).  Under
section 270.95 through 270.125, EPA describes how to apply for a RAP. 
These procedures are needed to ensure owners/operators understand the
requirements and procedures they must follow.

Under section 270.130(b), if the Director tentatively finds that the RAP
application does not include all of the information required under
section 270.110 or that the proposed remediation waste management
activities do not meet regulatory standards, the Director may request
additional information from the owner/operator.  EPA needs this
information to ensure that the proposed remediation waste management
activities meet the regulatory standards. 

The Agency believes that the information collected in the RAP
applications is necessary to determine how and where media and
remediation waste will be managed.  The information is essential to
determine whether the management of these materials will be protective
of human health and the environment, and will be in compliance with
standards established pursuant to RCRA.

Under section 270.170, the Director must specify in a RAP, either
directly or by reference, procedures for future modifications,
revocations and reissuance, or termination of the RAP.  Owners/operators
and EPA need these procedures to ensure that modifications can be made
in a manner that protects human health and the environment. 

Under section 270.195, RAPs must be issued for a fixed term, not to
exceed ten years, although they may be renewed upon approval by the
Director in fixed increments of no more than ten years by following the
requirements of section 270.200.  EPA needs this information to
determine whether the management of these materials will be protective
of human health and the environment, and will be in compliance with
standards established pursuant to RCRA.

Section 270.210 requires owners/operators of remediation waste
management sites to keep records concerning their RAP.  Recordkeeping is
required to ensure that owners/operators are following the requirements
for preparing and maintaining a RAP.

Under section 270.220, owners/operators of remediation waste management
sites may transfer their RAPs to new owners/operators.  Records of such
changes are needed to ensure that owners/operators are aware of their
rights and obligations under part 270, subpart H.  

Under section 270.230, owners/operators may request a RAP for
remediation waste management activities at a location removed from the
area where the remediation wastes originated if they believe such a
location would be more protective than the contaminated area or areas in
close proximity.  This information is essential to determine whether the
management of hazardous remediation waste will be protective of human
health and the environment, and will be in compliance with standards
established pursuant to RCRA.

2(b)	Practical Utility/Users of the Data

 

(1)	General Requirements for Hazardous Remediation Waste Management
Sites

An owner/operator of a hazardous remediation waste management site must
request an EPA identification number by completing and submitting EPA
Form 8700-12, according to section 264.1(j)(1).  EPA uses Form 8700-12
to process the request and to ensure accurate and consistent
identification of the site.  Both EPA and the owner/operator use the EPA
identification number as a standard way of identifying the site (e.g.,
in correspondence, reports).

In performing waste analysis, pursuant to section 264.1(j)(2), the
owner/operator of a remediation waste management site obtains detailed
chemical and physical properties of the remediation waste.  The
owner/operator uses these data to design and implement effective and
safe remedial actions and to prevent unanticipated contaminant releases.


Section 264.1(j)(4) requires owners/operators to inspect the remediation
waste management site for malfunctions, deterioration, operator errors,
and discharges that may be causing, or may lead to, a release of
hazardous waste constituents to the environment, or a threat to human
health.  The owner/operator uses the data collected in order to identify
problems in time to correct them before they harm human health or the
environment. 

Under section 264.1(j)(7), owners/operators planning to design,
construct, operate, or maintain a hazardous remediation waste management
unit in a 100-year floodplain must demonstrate that the unit meets the
criteria of section 264.18(b).  The Director uses the information in the
demonstration to evaluate whether the risk of contamination due to a
flood is greater if the wastes are left unremediated within the
floodplain than if the remediation wastes are managed in a unit within
the floodplain.

Section 264.1(j)(9) requires owners/operators to develop and maintain a
construction quality assurance program for surface impoundments, waste
piles, and landfills, as specified.  Owners/operators use this plan to
construct and maintain these units in a manner that prevents unforseen
releases of hazardous wastes.

Section 264.1(j)(10) requires owners/operators of remediation waste
management sites to develop and maintain contingency and emergency
plans.  The contingency and emergency plans are used by the
owner/operator to assure an appropriate response to any unplanned
release of hazardous waste or hazardous waste constituents during the
remedial action.  

Section 264.1(j)(12) requires owners/operators of remediation waste
management sites to develop, maintain, and implement a plan to meet the
requirements in sections 264.1(j)(2) through (j)(6) and sections
264.1(j)(9) through (j)(10).  40 CFR 264.1(j)(13) requires
owners/operators of remediation waste management sites to maintain
records documenting compliance with sections 264.1(j)(1) through
(j)(12).  Under 40 CFR 264.73(b)(17), owners/operators of remediation
waste management sites are required to record, as it becomes available,
and maintain in the operating record any records required under section
264.1(j)(13).  Owners/operators use these records to keep track of
maintenance and repairs, inspections, design criteria, and compliance
with other aspects of hazardous waste remediation.

(2)	Requirements for Staging Piles

Data submitted by owners/operators seeking designation of staging piles
is used by EPA to evaluate and approve proposed remedial actions
involving staging piles.  Specifically, EPA uses the data to develop
standards and design criteria for staging piles that are included in an
approved permit, order, or closure plan.  Similarly, when
owners/operators request extensions to the two-year limit for operating
a staging pile, EPA uses submitted data to evaluate the need for and
protectiveness of the extension, and to issue further standards and
design criteria if needed. 

Owners/operators using a staging pile in uncontaminated areas must close
the staging piles in accordance with applicable requirements of sections
264.258(a) and 264.111 or 265.258(a) and 265.111.  Information submitted
by owners/operators pursuant to these closure and post-closure care
requirements is used by EPA to approve closure plans and ensure that the
site does not pose a continuing threat to human health and the
environment.

Section 264.554(l) specifies procedures for incorporating staging piles
into existing RCRA permits, closure plans, or orders.  In processing the
information collected, EPA ensures that the proposed modifications will
comply with all applicable provisions of RCRA. 

(3)	Remedial Action Plans

Information submitted in RAP applications and renewals, including
requested additional information, is used by the Director to verify that
proposed remedial activities will be conducted in accordance with
applicable regulations and in a manner which protects human health and
the environment.  In addition, the Director may use the information in
aggregate (e.g., number of RAPs approved) to track and evaluate RCRA
implementation and to assist with further program development.

Section 270.210 requires owners/operators to maintain a file of
RAP-related documents.  The owners/operators use information included in
the operating record to minimize unanticipated damage from the
treatment, storage, or disposal of hazardous remediation waste.  If an
unanticipated release occurs, the owner/operator may review the
information in the file to determine the composition of the waste and
appropriate contingency measures.

In the event that a remediation waste management site changes
ownership, a RAP may be transferred to the new owner/operator under the
procedures in section 270.220.  Specifically, the current owner/operator
is required to submit to the Director a modified RAP and a written
agreement between the current and new owner/operator.  The Director uses
this information to maintain accurate records on the ownership of the
sites and to ensure that new owners/operators are aware of their rights
and obligations under part 270, subpart H.

Under section 270.230, owners/operators may request a RAP for
remediation waste management activities at a location removed from the
area where the remediation wastes originated if they believe such a
location would be more protective than the contaminated area or areas in
close proximity.  The Director uses the information to verify that
proposed remedial activities will be conducted in accordance with
applicable regulations in a manner that protects human health and the
environment.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

No document identical or similar in purpose to the RAP is required by
the Federal government.  Since management of hazardous contaminated
media will take place under many Federal and State remedial programs,
the Agency has established RAP requirements that are flexible enough so
that any enforceable document used by one of these programs, which
contains the relevant information and goes through at least the minimum
public participation requirements in section 270.145, can be considered
equivalent to the RAP.  A respondent would not be required to duplicate
effort or documentation to meet the requirements of the RAP. 

Most of the information required by the regulations is not available
from any source but the respondents.  To avoid duplicating previous
work, EPA allows respondents to draw upon similar analyses in compiling
data (e.g., for waste analyses), provided the information meets the
requirements specified in the regulations.

3(b)	Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice in the Federal Register on February 28, 2012 (77 FR
12046).  No comments were received.

3(c)	Consultations

In developing this ICR for the HWIR-Media final rule, EPA conducted
consultations with industry regarding the hazardous remediation waste
management requirements covered in this ICR.  Their feedback enabled the
Agency to develop hour and cost assumptions that are representative of
their “real-world” experience.  These respondents were identified in
that previous ICR.  As with the previous renewal (ICR Number 1775.04),
EPA has updated the costs to reflect inflation, but has no reason to
believe that the number of burden hours has changed.

In developing this current ICR, EPA consulted with one State agency and
two EPA Regional offices to ascertain the number of respondents subject
to the RAP requirements under 40 CFR part 270.  Contact information for
them is provided below:

State Agency	

Contact Name	

Phone Number



Alabama Department of Environmental Management 	

Mr. Brian Espy	

(334) 271-7749



Environmental Protection Agency, Region 1	

Mr. Bob Bracket	

(617) 918-1364



Environmental Protection Agency, Region 7

	

Ms. Lynn Slugantz

Mr. Jeremy Johnson	

(913) 551-7883

(913) 551-7510



3(d)	Effects of Less Frequent Collection

EPA has carefully considered the burden imposed upon the regulated
community by the general requirements for remediation waste management
sites.  EPA is confident that those activities required of respondents
are necessary, and to the extent possible, has attempted to minimize the
burden imposed.  EPA believes strongly that if the minimum requirements
specified under the regulations are not met, neither the facilities nor
EPA can ensure that hazardous remediation wastes will be managed
properly, and will not pose a serious threat to human health and the
environment. 

Since the RAP is a one-time document for a particular remediation waste
management site, less frequent preparation is not possible.  At some
sites, periodic review or renewal of the RAP may be needed to assure
that the remedy continues to comply with currently applicable RCRA
requirements.  RAPs are for fixed terms, not to exceed ten years.  When
remedies continue beyond the term of the RAP, the Director may renew the
RAP unchanged or with changes as needed.  In addition, the Director must
review RAPs for hazardous waste land disposal facilities every five
years.  Although the RAP renewals and five-year reviews do not require
owners/operators to submit progress reports or new applications,
communication will be necessary to appraise the Director of the status
of the cleanup. 

3(e)	General Guidelines

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

3(f)	Confidentiality

Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which define
EPA’s general policy on public disclosure of information, contain
provisions for confidentiality.  In addition, under section 270.115, EPA
has established procedures that owners/operators submitting RAPs may use
to claim as confidential any or all of the information submitted as part
of the application.  If such a claim were asserted, EPA must and will
treat the information in accordance with the regulations above. 
Finally, EPA has ensured that this information collection complies with
the Privacy Act of 1974 and OMB Circular 108.

3(g)	Sensitive Questions

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

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondent SIC/NAICS Codes

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

Industry Sector	NAICS Code(s)

Wood Preservation	321114

Alkalies and Chlorine Manufacturing	325181

All Other Miscellaneous Chemical Product and Preparation Manufacturing
325998

Plastics Material and Resin Manufacturing	325211

All Other Basic Organic Chemical Manufacturing 	325199

Pesticide and Other Agricultural Chemical Manufacturing 	32532

Petroleum Refineries	32411

Plastics and Rubber Products Manufacturing	326

All Other Plastic Products Manufacturing	326199

Other Pressed and Blown Glass and Glassware Manufacturing	327212

Rolled Steel Shape Manufacturing	331221

Nonferrous Metal (except Aluminum) Production and Processing 	3314

Secondary Smelting and Alloying of Aluminum 	331314

Fabricated Metal Product Manufacturing 	332

Small Arms Ammunition Manufacturing	332992

Other Ordnance and Accessories Manufacturing	332995

Mechanical Power Transmission Equipment Manufacturing	333613

Communications Equipment Manufacturing	3342

Semiconductors and Related Device Manufacturing	334413

Storage Battery Manufacturing	335911

Aerospace Product and Parts Manufacturing	3364

Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit
Parts Manufacturing 	336415

Travel Trailer and Camper Manufacturing	336214

Navigational, Measuring, Electromedical, and Control Instruments
Manufacturing 	3345

Surgical and Medical Instrument Manufacturing	339112

Other Support Activities for Road Transportation 	48849

Support Activities for Air Transportation 	4881

Waste Treatment and Disposal	5622

Dry Cleaning and Laundry Services	8123

Colleges, Universities, and Professional Schools	61131

National Security 	92811



4(b)	Information Requested

(1)	General Requirements for Hazardous Remediation Waste Management
Sites

(a)	EPA Identification Number

40 CFR 264.1(j)(1) requires owners/operators of remediation waste
management sites to have EPA identification numbers.  An EPA
identification number can be obtained by applying to the Administrator
using EPA Form 8700-12.

(i)	Data Item:

The data item required of owners/operators includes:  

A completed EPA Form 8700-12.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Complete and submit EPA Form 8700-12.

[Note:  This ICR does not address the requirement in 40 CFR 264.1(j)(1)
for obtaining an EPA identification number.  Refer to “Notification of
Regulated Waste Activity,” ICR Number 261, for this requirement.]

(b)	Waste Analyses

40 CFR 264.1(j)(2) requires owners/operators of remediation waste
management sites to obtain a detailed chemical and physical analysis of
a representative sample of the hazardous remediation wastes to be
managed at the site.  At a minimum, the waste analysis must contain all
the information that must be known to treat, store or disposed of the
waste in accordance with 40 CFR parts 264 and 268, and must be kept
accurate and up to date.

(i)	Data Item:

The data item required of owners/operators includes:  

A detailed chemical and physical analysis of a representative sample of
the hazardous remediation wastes to be managed at the site.

(ii)	Respondent Activity:

In order to comply with the above requirements, owners/operators must
conduct the following activity:

Perform waste analysis.

(c)	Inspections

40 CFR 264.1(j)(4) requires owners/operators to inspect the remediation
waste management site for malfunctions, deterioration, operator errors,
and discharges that may be causing, or may lead to, a release of
hazardous waste constituents to the environment, or a threat to human
health.  The owner/operator must conduct these inspections often enough
to identify problems in time to correct them before they harm human
health or the environment, and must remedy the problem before it leads
to a human health or environmental hazard.  Where a hazard is imminent
or has already occurred, the owner/operator must take remedial action
immediately.

(i)	Data Item:

The data item required of owners/operators includes:  

An inspection record.

(ii)	Respondent Activity:

In order to comply with the above requirements, owners/operators must
conduct the following activity:

Conduct inspections.

(d)	Demonstrations for Remediation Waste Management Sites in Floodplains

Under 40 CFR 264.1(j)(7), owners/operators of remediation waste
management sites subject to regulation under part 264, subparts I
through O and subpart X must design, construct, operate, and maintain
units within a 100-year floodplain to prevent washout of any hazardous
waste by a 100-year flood, unless they can meet the demonstration
requirements of section 264.18(b).  

(i)	Data Item:

The data item required of owners/operators includes:  

A demonstration that establishes that procedures are in effect which
will cause the waste to be removed safely, before flood waters can reach
the facility, to a location where the wastes will not be vulnerable to
flood waters.

(ii)	Respondent Activity:

In order to comply with the above requirements, owners/operators must
conduct the following activity:

Prepare and submit demonstration for exemption from design and operating
standards under §264.18(b).

(e)	Construction Quality Assurance Program

40 CFR 264.1(j)(9) requires owners/operators to develop and maintain a
construction quality assurance program for all surface impoundments,
waste piles, and landfill units that are required to comply with
sections 264.221(c) and (d), 264.251(c) and (d), and 264.301(c) and (d)
at the remediation waste management site, according to the requirements
of section 264.19.

 

(i)	Data Item:

The data item required of owners/operators includes:  

A construction quality assurance program.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Develop and maintain a construction quality assurance program.

(f)	Contingency and Emergency Plan

40 CFR 264.1(j)(10) requires owners/operators of remediation waste
management sites to develop and maintain procedures to prevent
accidents.  These procedures must address proper design, construction,
maintenance, and operation of hazardous remediation waste management
units at the site.  

In addition, owners/operators must develop and maintain a contingency
and emergency plan to control accidents that occur.  The plan must
explain specifically how to treat, store, and dispose of the hazardous
remediation waste in question, and must be implemented immediately
whenever fire, explosion, or release of hazardous waste or hazardous
waste constituents that could threaten human health or the environment.

(i)	Data Items:

The data items required of owners/operators include:  

Procedures to prevent accidents; and

A contingency and emergency plan.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Develop and maintain procedures to prevent accidents; and

Develop and maintain contingency and emergency plan.

(g)	Compliance Plan

40 CFR 264.1(j)(12) requires owners/operators of remediation waste
management sites to develop, maintain, and implement a plan to meet the
requirements in sections 264.1(j)(2) through (j)(6) and sections
264.1(j)(9) through (j)(10).

(i)	Data Item:

The data item required of owners/operators includes:  

A compliance plan.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Develop, maintain, and implement a plan to meet the requirements in
§§264.1(j)(2) through (j)(6) and §§264.1(j)(9) through (j)(10).

(h)	Recordkeeping Requirements

40 CFR 264.1(j)(13) requires owners/operators of remediation waste
management sites to maintain records documenting compliance with
sections 264.1(j)(1) through (j)(12).  These records must be maintained
in the operating record as required under section 264.73(b)(17).

(i)	Data Items:

The data items required of owners/operators include:  

Records documenting compliance with §§264.1(j)(1) through (j)(12).

(ii)	Respondent Activity:

In order to comply with the above requirements, owners/operators must
conduct the following activity:

Keep records documenting compliance with §§264.1(j)(1) through
(j)(12).

(2)	Requirements for Staging Piles

(a)	Designation of Staging Piles

Under 40 CFR 264.554(c)(1), owners/operators seeking staging pile
designations must provide sufficient and accurate information to enable
the Director to impose standards and design criteria for the staging
pile.  In addition, under section 264.554(c)(2), the owner/operator must
provide a certification by an independent, qualified, registered
professional engineer for technical data (e.g., design drawings and
specifications, engineering studies), unless the Director determines,
based on information provided by the owner/operator, that the
certification is not necessary to ensure that the staging pile will
protect human health and the environment.  Finally, under section
264.554(c)(3), the owner/operator must provide any additional
information the Director determines is necessary to protect human health
and the environment.

(i)	Data Items:

The data items required of owners/operators include:  

Information that will enable the Director to impose standards and
design criteria for the staging pile;

Certification by an independent, qualified, registered professional
engineer for technical data; and

Any additional information requested by the Director.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Prepare information that will enable the Director to impose standards
and design criteria for the staging pile;

Obtain certification by an independent, qualified, registered
professional engineer for technical data, unless the Director determines
that the certification is not necessary;

Submit information to the Director; and

Prepare and submit additional information requested by the Director, if
requested.

(b)	Staging Pile Recordkeeping

As provided under 40 CFR 264.554(d)(1)(iii), a staging pile must not
operate for more than two years, except when the Director grants an
operating term extension under section 264.554(i).  The owner/operator
must measure the two-year limit, or other operating term specified by
the Director in the permit, closure plan, or order, from the first time
remediation waste is placed into the staging pile.  The owner/operator
must maintain a record of the date when remediation waste was first
placed into the staging pile for the life of the permit, order, or
approved closure plan, or for three years, whichever is longer.

(i)	Data Item:

The data item required of owners/operators includes:  

A record of the date when the remediation waste was first placed into
the staging pile. 

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Record the date of waste placement in the unit; and

File the record.

(c)	Staging Pile Extensions

Under 40 CFR 264.554(i)(1), the Director may grant one operating term
extension for a staging pile of up to 180 days beyond the operating term
limit contained in the permit, closure plan, or order.  To obtain an
extension, owners/operators must document that an extension will not
pose a threat to human health and the environment and is necessary to
ensure timely and efficient implementation of remedial actions at the
facility.

(i)	Data Item:

The data item required of owners/operators includes:  

Information documenting that an extension: (1) will not pose a threat to
human health and the environment and (2) is necessary to ensure timely
and efficient implementation of remedial actions at the facility.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Prepare documentation supporting an extension; and

Submit request for extension.

(d)	Closure of Staging Piles

40 CFR 264.554(k) provides that, within 180 days after the operating
term of the staging pile expires, owners/operators must close a staging
pile located in an uncontaminated area of the site in accordance with
sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111
(i.e., the closure requirements for waste piles).  [Note: This ICR does
not address the requirements in 40 CFR 264.258(a), 265.258(a), 264.111,
and 265.111 for closing a staging pile.  Refer to “General Hazardous
Waste Facility Standards,” ICR Number 1571, for these requirements. 

(e)	Incorporation of Staging Piles into Existing Permits

40 CFR 264.554(l) specifies procedures for incorporating staging piles
into existing permits (including RAPs), closure plans, or orders. 
Pursuant to section 264.554(l)(1), a permit, other than a RAP, may be
modified to incorporate a staging pile or staging pile operating term
extension as part of an Agency-initiated permit modification under
section 270.41or as part of an owner/operator initiated Class 2 permit
modification under section 270.42.  [Note:  This ICR does not address
the requirements in 40 CFR 270.41 and 270.42 for modifying an existing
RCRA permit.  Refer to “Part B Permit Application, Permit
Modifications, and Special Permits,” ICR Number 1573, for these
requirements.]

Pursuant to section 264.554(l)(2), an owner/operator may modify an
existing RAP to incorporate a staging pile or staging pile operating
term extension by complying with the RAP modification requirements under
sections 270.170 and 270.175.  [Note:  Refer to subsection “RAP
Modification, Revocation and Reissuance, and Termination” of this ICR
for requirements applicable to owners/operators of remediation waste
management sites modifying their RAP.]

Pursuant to section 265.554(l)(3), an owner/operator may modify an
existing closure plan to incorporate a staging pile or staging pile
operating term extension by following the applicable requirements under
section 264.112(c) or 265.112(c).  [Note:  This ICR does not address the
requirements in 40 CFR 264.112(c) or 265.112(c) for modifying an
existing closure plan.  Refer to “Part B Permit Application, Permit
Modifications, and Special Permits,” ICR Number 1573, for the
requirements under section 264.112(c).  Refer to “General Hazardous
Waste Facility Standards,” ICR Number 1571, for the requirements under
section 265.112(c).]

Pursuant to section 264.554(l)(4), an owner/operator may modify an
existing order to incorporate a staging pile or staging pile operating
term extension by following the terms of the order and the applicable
provisions of section 270.72(a)(5) or 270.72(b)(5).  [Note: Facilities
incorporating staging piles into their orders would not follow the
requirements in this ICR.  Rather, they would follow the procedures
spelled out in their site-specific order.  As such, these facilities are
not addressed in this ICR.]

(3)	Remedial Action Plans

(a)	RAP Application

40 CFR 270.80(a) defines a RAP as a special form of RCRA permit that an
owner/operator of a remediation waste management site may obtain,
instead of a permit issued under sections 270.3 through 270.66, to
treat, store, or dispose of hazardous remediation waste at a remediation
waste management site.  

Under 40 CFR 270.85(a), whenever an owner/operator treats, stores, or
disposes of hazardous remediation waste in a manner that requires a RCRA
permit under section 270.1, the owner/operator must either obtain a RCRA
permit or a RAP.  

Under 40 CFR 270.85(c), an owner/operator may obtain a RAP for managing
hazardous remediation waste at an already permitted RCRA facility.  This
RAP must be approved as a modification to the existing permit according
to the requirements of section 270.41 or section 270.42.  However, when
the owner/operator submits an application for such modification, the
information requirements in section 270.42(a)(1)(i), (b)(1)(iv), and
(c)(1)(iv) do not apply; instead, the owner/operator must submit the
information required under section 270.110.  When the permit is
modified, the RAP becomes part of the RCRA permit.  [Note:  This ICR
does not address the requirements in 40 CFR 270.41 and 270.42 for
modifying an existing RCRA permit.  Refer to “Part B Permit
Application, Permit Modifications, and Special Permits,” ICR Number
1573, for these requirements.]

 

Under 40 CFR 270.95, an owner/operator may apply for a RAP by completing
an application, signing it, and submitting it to the Director.  

40 CFR 270.100 provides that, when a facility or remediation waste
management site is owned by one person, but the treatment, storage, or
disposal activities are operated by another person, it is the
operator’s duty to obtain a RAP.  Under section 270.105, both the
owner and the operator must sign the RAP application and any required
reports according to sections 270.11(a) through (c).  In addition, both
the owner and the operator must also make the certification required
under section 270.11(d)(1).  However, the owner may choose the
alternative certification under section 270.11(d)(2) if the operator
certifies under section 270.11(d)(1).

The RAP application must include all the information specified in
section 270.110.  Under section 270.115, an owner/operator may claim as
confidential any or all of the information he submits to EPA.  Any such
claim must be asserted at the time he submits his RAP application or
other submissions by stamping the words “confidential business
information” on each page containing such information. 

The owner/operator must submit the RAP application to the Director for
approval (§270.120).  If the RAP application is submitted as part of
another document, he must clearly identify the components of that
document that constitute the RAP application (§270.125).

40 CFR 270.130(b) provides that, if the Director tentatively finds that
a RAP application does not include all of the information requested in
section 270.110 or that the proposed remediation waste management
activities do not meet the regulatory standards, the Director may
request additional information from the owner/operator or ask the
owner/operator to correct deficiencies in his application.

(i)	Data Item:

The data item required of owners/operators includes a RAP application
with the following information:  

Owner and operator signatures in accordance with §270.11(a) through
(c);

Owner and operator certifications required under §270.11(d);

Information specified in §270.110:

--	The name, address, and EPA identification number of the remediation
waste management site;

--	The name, address, and telephone number of the owner and operator;

--	The latitude and longitude of the site;

--	The U.S. Geological Survey or county map showing the location of the
remediation waste management site;

--	A scaled drawing of the remediation waste management site showing:

The remediation waste management site boundaries;

Any significant physical structures;

The boundary of all areas on site where remediation waste is to be
treated, stored, or disposed;

--	A specification of the hazardous remediation waste to be treated,
stored, or disposed of at the facility or remediation waste management
site, including the following information:	

Constituent concentrations and other properties of the hazardous
remediation wastes that may affect how such materials should be treated
and/or otherwise managed;

An estimate of the quantity of these wastes;

A description of the processes that will be used to treat, store, or
dispose of the waste including technologies, handling systems, design,
and operating parameters that will be used to treat hazardous
remediation wastes before disposing of them according to the land
disposal restrictions standards of part 268, as applicable;

--	Enough information to demonstrate that operations that follow the
provision in the RAP application will ensure compliance with applicable
requirements of parts 264, 266, and 268;

--	Such information as may be necessary to enable the Regional
Administrator to carry out his duties under other Federal laws as
required for traditional RCRA permits under §270.14(b)(20);

--	Any other information the Director decides is necessary for
demonstrating compliance with 40 CFR part 270, subpart H or for
determining any additional RAP conditions that are necessary to protect
human health and the environment; and

If claiming as confidential any or all of the information on the RAP
application or other submissions, a stamp with the words “confidential
business information” on each page containing such information. 

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Prepare RAP application;

Submit RAP application; and

Prepare and submit additional information, if requested.

(b)	RAP Modification, Revocation and Reissuance, and Termination

Under 40 CFR 270.170, the Director must specify in a RAP, either
directly or by reference, procedures for future modifications,
revocations and reissuance, or termination of the RAP.  These procedures
must provide adequate opportunities for public review and comment on any
modification, revocation and reissuance, or termination that would
significantly change the management of the remediation waste, or that
otherwise merits public review and comment.  

If the RAP has been incorporated into a traditional RCRA permit, as
allowed under section 270.85(c), then the RAP will be modified according
to the applicable requirements in sections 270.40 through 270.42,
revoked and reissued according to the applicable requirements in
sections 270.41 and 270.43, or terminated according to applicable
requirements of section 270.43.  [Note:  This ICR does not address the
requirements in 40 CFR 270.41 through 270.43 for modifying, revoking and
reissuing, and terminating a RCRA permit.  Refer to “Part B Permit
Application, Permit Modifications, and Special Permits,” ICR Number
1573, for these requirements.]

(i)	Data Item:

The data item required of owners/operators includes:  

Information necessary to modify RAP, as specified in the RAP.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators must
conduct the following activities:

Prepare and submit information to modify RAP in accordance with
procedures specified in the RAP.



(c)	RAP Renewal

Under 40 CFR 270.195, RAPs must be issued for a fixed term, not to
exceed ten years, although they may be renewed upon approval by the
Director in fixed increments of no more than ten years.  Under section
270.200, if an owner/operator wishes to renew his expiring RAP, he must
follow the process for application for and issuance of RAPs.  [Note: 
Refer to subsection “RAP Application” of this ICR for requirements
applicable to owners/operators of remediation waste management sites
renewing their RAP.]

(d)	RAP Recordkeeping

40 CFR 270.210 requires owners/operators of remediation waste management
sites to keep records concerning their RAP.  All records must be kept
for a period of at least three years from the date the RAP application
is signed.

(i)	Data Items:

The data items required of owners/operators include:  

All data used to complete RAP applications and any supplemental
information submitted; and

Any operating and/or other records required as a condition of the RAP.

(ii)	Respondent Activity:

In order to comply with the above requirements, owners/operators must
conduct the following activity:

Maintain a file of RAP documents.

(e)	RAP Transfers

Under 40 CFR 270.220(a), owners/operators of remediation waste
management sites may transfer their RAPs to new owners/operators.  To
transfer the RAP, owners/operators must follow the requirements
specified in their RAP for RAP modification to identify the new
owner/operator, and incorporate any other necessary requirements.  The
new owner/operator must submit a revised RAP application no later than
90 days before the scheduled change along with a written agreement
containing a specific date for transfer of RAP responsibility between
the owner/operator and the new permittees.

Under 40 CFR 270.220(b), when a transfer of ownership occurs, the old
owner/operator must comply with applicable requirements of 40 CFR part
264, subpart H, until the new owner/operator has demonstrated compliance
(i.e., within six months of the date of the change).  [Note: The
demonstrations under 40 CFR part 264, subpart H are addressed in
“General Hazardous Waste Facility Standards,” ICR Number 1571.]

(i)	Data Items:

The data item required of the owner/operator with the RAP includes:  

Information specified in the RAP for RAP modification.

The data items required of the new owner/operator include:  

A revised RAP application; and

A written agreement containing a specific date for transfer of RAP
responsibility between the owner/operator and the new permittees.

(ii)	Respondent Activities:

In order to comply with the above requirements, owners/operators with
the RAP must conduct the following activity:

Modify RAP.

In order to comply with the above requirements, the new owners/operators
must conduct the following activities:

Prepare a revised RAP application and a written agreement containing a
specific date for transfer of RAP responsibility between the
owner/operator and the new permittees; and

Submit modified RAP and written agreement to the Director no later than
90 days before the scheduled changes.

(f)	RAP for an Off-Site Location

Under 40 CFR 270.230(a), owners/operators may request a RAP for
hazardous remediation waste management activities at a location removed
from the area where the remediation wastes originated if they believe
such a location would be more protective than the contaminated area or
areas in close proximity.  Owners/operators must request the RAP, and
the Director will approve or deny the RAP, according to the requirements
in part 270, subpart H (§270.230(c)).  [Note:  Refer to subsection
“RAP Application” of this ICR for requirements applicable to
owners/operators of remediation waste management sites applying for a
RAP.]

A RAP for an alternative location must meet the additional requirements
specified in section 270.230(d), including the RCRA expanded public
participation requirements in sections 124.31 through 124.33.  [Note: 
This ICR does not address the expanded public participation requirements
in 40 CFR 124.31 through 124.33.  Refer to “RCRA Expanded Public
Participation,” ICR Number 1688, for these requirements.]

In addition, under section 270.230(e)(2), these alternative locations
are remediation waste management sites, and retain the benefit of
complying with the requirements of section 264.1(j) in lieu of part 264,
subpart B, C, and D.  [Note:  Refer to subsection “General
Requirements for Hazardous Remediation Waste Management Sites” of this
ICR for these requirements.]

5.	THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

(1)	General Requirements for Hazardous Remediation Waste Management
Sites

(a)	Demonstrations for Remediation Waste Management Sites in Floodplains

The Director must receive and review information submitted by
owners/operators to meet the demonstration of section 264.18(b).

(2)  	Requirements for Staging Piles

Designation of Staging Piles

The Director must receive and review information submitted by all
owners/operators seeking a staging pile designation.  Based on this
information, the Director designates a staging pile in a permit, closure
plan, or order under section 264.554(b) and establishes standards and
design criteria in accordance with section 264.554(d).  In addition, the
Director may receive and review additional information for staging pile
designations submitted under section 264.554(c)(3).

Staging Pile Extensions

Under 40 CFR 264.554(h), the Director designates in the permit the
length of time the owner/operator may use a staging pile, which may be
up to two years.  Under section 264.554(i), the Director may grant
extensions of up to 180 days for the use of staging piles.  The Director
must receive and review request for extensions from owners/operators,
and determine whether to grant an extension.  The Director may, as a
condition of the extension, specify further standards and design
criteria in the permit, closure plan, or order.  

Closure of Staging Piles

40 CFR 264.554(j) provides that, within 180 days after the operating
term of the staging pile expires, owners/operators must close a staging
pile located in a previously contaminated area of the site by removing
or decontaminating all remediation waste, contaminated containment
system components, and structures and equipment contaminated with waste
and leachate.  The owner/operator must also decontaminate subsoils in a
manner and according to a schedule that the Director determines will
protect human health and the environment.  The Director must include
these requirements in the permit, closure plan, or order in which the
staging pile is designated.

Section 264.554(k) provides that, within 180 days after the operating
term of the staging pile expires, owners/operators must close a staging
pile located in an uncontaminated area of the site according to sections
264.258(a) and 264.111; or according to sections 265.258(a) and 265.111.
 The Director must include the above requirement in the permit, closure
plan, or order in which the staging pile is designated.

[Note:  This ICR does not address the requirements for preparing a
permit (other than a RAP), a closure plan, or an order.  Refer to
“General Hazardous Waste Facility Standards,” ICR Number 1571, for
these requirements.]

Incorporation of Staging Piles into Existing Permits

40 CFR 264.554(l) specifies procedures for incorporating staging piles
into existing permits (including RAPs), closure plans, or orders. 
Pursuant to section 264.554(l)(1), a permit, other than a RAP, may be
modified to incorporate a staging pile or staging pile operating term
extension as part of an Agency-initiated permit modification under
section 270.41or as part of an owner/operator initiated Class 2 permit
modification under section 270.42.  [Note:  This ICR does not address
the requirements in 40 CFR 264.41 and 264.42 for modifying an existing
RCRA permit.  Refer to “Part B Permit Application, Permit
Modifications, and Special Permits,” ICR Number 1573, for these
requirements.]

Data Availability

Under section 264.554(m), the Director must document the rationale for
designating a staging pile or staging pile operating term extension and
make this documentation available to the public.

(3) 	Remedial Action Plans

(a) 	RAP Applications

According to 40 CFR 270.95 and 270.120, the Director must receive RAP
applications for approval.  Sections 270.130 through 270.140 identify
the activities the Director must follow to review and approve RAP
applications.  As part of this process, the Director may require RAP
applicants to provide additional information, as described in section
270.110(i).  When additional information is requested, the Director must
receive and review the information to ensure that the RAP application
complies with applicable hazardous remediation waste management
standards and, if necessary, develop additional permit conditions.

Based on the RAP application, the Director must prepare either a draft
RAP or a notice of intent to deny the RAP.  Section 270.135 describes
what the Director must include in a draft RAP.  

Under section 270.140(a), the Director must prepare a statement of basis
that briefly describes the derivation of conditions of the draft RAP or
the rationale for the notice of intent to deny the RAP.  Under section
270.140(b), the Director must compile an administrative record.  Under
section 270.140(c), the Director must make that record available to the
public.  The administrative record should include the following items:

The RAP application and any supporting data furnished by the applicant;

The draft RAP or notice of intent to deny;

The statement of basis and all documents cited therein; and

Other documents supporting the decision to approve or deny the RAP

Under 40 CFR 270.85(c), an owner/operator may obtain a RAP for managing
hazardous remediation waste at an already permitted RCRA facility.  This
RAP must be approved as a modification to the existing permit according
to the requirements of section 270.41 or section 270.42.  When the
permit is modified, the RAP becomes part of the RCRA permit.  [Note: 
This ICR does not address the requirements in 40 CFR 270.41 and 270.42
for modifying an existing RCRA permit.  Refer to “Part B Permit
Application, Permit Modifications, and Special Permits,” ICR Number
1573, for these requirements.]

(b) 	Public Comment on the Draft RAP or Notice of Intent to Deny

Under 40 CFR 270.145, the Director must notify the applicant of his
intention to approve or deny the RAP application.  The Director also
must notify the public of his intention to approve or deny the RAP
application by publishing a notice in a major local newspaper or general
circulation and broadcasting his intention over a local radio station. 
In addition, the Director must notify the applicable local government
and State agencies of his intention.

The public notice must provide an opportunity for the public to submit
written comments on the draft RAP or notice of intent to deny within at
least 45 days.  If, within the comment period, the Director receives
written notice of opposition to his intention to approve or deny the RAP
application and a request for a hearing, the Director must hold an
informal public hearing to discuss issues related to the approval or
denial of the RAP application.  The Director may also determine on his
own initiative that an informal hearing is appropriate.  The Director
must notify the public that a hearing will take place.

(c) 	RAP Final Decisions

40 CFR 270.150 specifies the procedures by which the Director must make
a final decision on RAP applications.  If the RAP is to be approved, the
Director must issue a final RAP and notify the applicant and all
commenters on the draft RAP of the approval in writing.  If the RAP is
denied, the Director must prepare and send to the applicant and all
commenters on the draft RAP of the denial in writing.  Before issuing a
final decision, the Director must compile an administrative record that
includes the following items:

All comments received during the public comment period; 

Tapes or transcripts of any hearings;

Any written materials submitted at such hearings;

The responses to comments;

Any new material placed in the record since issuance of the draft RAP;

Any other documents supporting the RAP; and

A copy of the final RAP.

Administrative Appeal of a RAP Application

Under 40 CFR 270.155, the Director must review administrative appeals of
the Director’s decision to approve or deny a RAP.  The Director must
then give public notice of any grant of review of RAPs by the
Environmental Appeals Board (EAB).

(e)	RAP Modification, Revocation and Reissuance, and Termination

Under 40 CFR 270.170, the Director must specify in a RAP, either
directly or by reference, procedures for future modifications,
revocations and reissuance, or termination of the RAP.  These procedures
must provide adequate opportunities for public review and comment on any
modification, revocation and reissuance, or termination that would
significantly change the management of the remediation waste, or that
otherwise merits public review and comment.  

Under sections 270.175 and 270.185, the Director may choose to modify
the final RAP because the owner/operator made material and substantial
alterations to the RAP, new information became available, or standards
and regulations under which the RAP was submitted have changed.  In
addition, if the RAP includes a compliance schedule, the Director may
modify it if events over which the owner/operator has little control
over affect RAP activities (e.g., a flood).  

If the RAP has been incorporated into a traditional RCRA permit, as
allowed under section 270.85(c), then the RAP will be modified according
to the applicable requirements in sections 270.40 through 270.42,
revoked and reissued according to the applicable requirements in
sections 270.41 and 270.43, or terminated according to applicable
requirements of section 270.43.  [Note:  This ICR does not address the
requirements in 40 CFR 270.41 through 270.43 for modifying, revoking and
reissuing, and terminating a RCRA permit.  Refer to “Part B Permit
Application, Permit Modifications, and Special Permits,” ICR Number
1573, for these requirements.]

(f) 	Administrative Appeal of a Modification, Revocation and Reissuance,
or Termination of a RAP

Under 40 CFR 270.190(c), the EAB must review administrative appeals of
revisions to a RAP.  The Board must act on the appeal within 60 days of
receiving it; otherwise, the appeal is considered denied.

(g) 	RAP Expiration

Under 40 CFR 270.195, the Director may renew the RAP for up to 10 years.
 In addition, the Director must review any RAP for hazardous waste land
disposal five years after the RAP is issued or reissued.

(h) 	RAP Transfers

Under 40 CFR 270.220, once the new owner/operator has submitted a
revised RAP application, and has demonstrated compliance with 40 CFR
part 264, subpart H, the Director will notify the previous
owner/operator that he or she no longer has to comply with 40 CFR part
264, subpart H.



(i) 	RAP for an Off-Site Location

Under 40 CFR 270.230, if the applicant wishes to perform remediation
waste management activities under a RAP at a location removed from the
area where the waste originated, the Director must approve a RAP for
this alternative location and must include in the RAP that the
alternative location meets the requirements of section 270.230(d). 
[Note:  Refer to subsection “RAP Applications” of this ICR for
Agency requirements associated with the RAP application process.  Refer
to “RCRA Expanded Public Participation,” ICR Number 1688, for the
expanded public participation requirements in 40 CFR 124.31 through
124.33.]

5(b)	Collection Methodology and Management

In collecting and analyzing the information submitted, EPA uses
equipment such as personal computers and applicable data base software,
when appropriate.  As part of the RAP application process, the public
will receive information through newspaper announcements and other
media, and, upon request, will have access to additional data in the
administrative record.

5(c) 	Small Entity Flexibility

RAPs are not mandatory.  The Agency believes that the RAP provisions
provide a flexible, less burdensome alternative to RCRA permitting at
remediation waste management sites.  

Staging piles provide an alternative to placing hazardous remediation
waste in a waste pile.  Staging piles are less burdensome because the
waste need not be treated to land disposal restriction standards before
being placed in the pile, as is the case for a waste pile.  

These regulatory alternatives may decrease burden for both small and
large entities.  

5(d)	Collection Schedule

(1)	Requirements for Staging Piles

As provided under 40 CFR 264.554(d)(1)(iii), a staging pile must not
operate for more than two years, except when the Director grants an
operating term extension under section 264.554(i).  The owner/operator
must measure the two-year limit, or other operating term specified by
the Director in the permit, closure plan, or order, from the first time
remediation waste is placed into the staging pile.  The owner/operator
must maintain a record of the date when remediation waste was first
placed into the staging pile for the life of the permit, order, or
approved closure plan, or for three years, whichever is longer.

Under 40 CFR 264.554(i)(1), the Director may grant one operating term
extension for a staging pile of up to 180 days beyond the operating term
limit contained in the permit, closure plan, or order.  To obtain an
extension, owners/operators must document that an extension will not
pose a threat to human health and the environment and is necessary to
ensure timely and efficient implementation of remedial actions at the
facility.

40 CFR 264.554(k) provides that, within 180 days after the operating
term of the staging pile expires, owners/operators must close a staging
pile located in an uncontaminated area of the site in accordance with
sections 264.258(a) and 265.258(a) and sections 264.111 and 265.111
(i.e., the closure requirements for waste piles).

(2)	Remedial Action Plans

Under 40 CFR 270.220(a), owners/operators of remediation waste
management sites may transfer their RAPs to new owners/operators.  To
transfer the RAP, owners/operators must follow the requirements
specified in their RAP for RAP modification to identify the new
owner/operator, and incorporate any other necessary requirements.  The
new owner/operator must submit a revised RAP application no later than
90 days before the scheduled change along with a written agreement
containing a specific date for transfer of RAP responsibility between
the owner/operator and the new permittees.

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Hours

EPA estimates respondent hourly burden for all the information
collection requirements covered in this ICR in Exhibit 1.  The burden
estimates for each activity presented in Exhibit 1 include the burden
hours (total and by labor type) per respondent, as well as the overall
burden hours for all respondents.

6(b)	Estimating Respondent Costs

Exhibit 1 estimates the annual costs to respondents based on the cost of
labor, capital, and operations and maintenance (O&M). 

(1)	Labor Costs

	For the private sector, 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 EPA ICR
Number 0976.15.

(2)	Capital Costs

Capital costs usually include any produced physical good needed to
provide the necessary 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 & Maintenance Costs

O&M costs are those costs associated with a paperwork requirement
incurred continually over the life of the ICR.  They are defined by the
Paperwork Reduction Act of 1995 as “the recurring dollar amount of
cost associated with O&M or purchasing services.”  For this ICR, O&M
costs cover mailing costs ($4.50 per submittal) and waste analysis costs
($845 per respondent).

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.  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 2012.  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.

6(d)	Estimating State Agency Burden and Cost

Thirty (30) States are authorized for the HWIR program, with an
additional nine (9) States expected to be authorized over the next three
years.  EPA estimates the State Agency hour and cost burden associated
with all information collection requirements covered in this ICR in
Exhibit 3.  

	For State 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 labor costs were obtained from EPA ICR Number
0976.15.

6(e)	Estimating the Respondent Universe and Total Hour and Cost Burden

(1)	Respondent Universe

(a)	Hazardous Remediation Waste Management Sites Subject to 40 CFR
264.1(j) and Part 270, Subpart H 

In estimating the number of owners/operators of hazardous remediation
waste management sites subject to 40 CFR 264.1(j) and part 270, subpart
H (i.e., the requirements for sites with RAPs), EPA conducted
consultations with one State and two EPA Regions and has come to the
conclusion that the number of entities covered by this ICR has not
changed significantly from the previous renewal (ICR Number 1775.05). 
Based on this analysis, EPA estimates that, currently, there are 14
hazardous remediation waste management sites with RAPs.  EPA also
estimates that, each year, eight new owners/operators of hazardous
remediation waste management sites will apply for a RAP.  Thus, EPA
estimates that, on average, 30 sites will be subject to the requirements
in 40 CFR 264.1(j) and part 270, subpart H over the three-year period of
this ICR.  This is reflected in Table 1.

Table 1

Number of Hazardous Remediation Waste Management Sites 

Subject to 40 CFR 264.1(j) and Part 270, Subpart H

Type of Remediation Site	

Year 1	

Year 2	

Year 3



Existing	

14	

22	

30



New	

8	

8	

8



Total	

22	

30	

38



Note that this ICR addresses only non-permitted sites under 40 CFR
264.1(j) and part 270, subpart H.  As discussed earlier in this ICR, a
site may conduct cleanup through a RAP, permit, or other specified
mechanism.  Permitted facilities would obtain a RAP by modifying their
permit.  These activities are already addressed in “Part B Permit
Application, Permit Modifications, and Special Permits,” ICR Number
1573.  Therefore, this ICR addresses only non-permitted sites under the
RAP requirements.

(b)	Hazardous Remediation Waste Management Sites Subject to 40 CFR
264.554

In estimating the number of owners/operators of hazardous remediation
waste management sites subject to the 40 CFR 264.554 requirements for
staging piles, EPA referred to the Biennial Reporting System (BRS). 
Based on analysis of BRS data, EPA estimates that, currently, there are
88 existing hazardous remediation waste management sites with staging
piles.  EPA also estimates that, each year, 58 owners/operators of
non-permitted hazardous remediation waste management sites will seek a
new staging pile designation., 



(2)	Annual Respondent Hour and Cost Burden

(a)	Reading the Regulations

EPA estimates that 176 owners/operators of hazardous remediation waste
management sites (i.e., 30 + 88 + 58 = 176) will be subject to the
requirements in this ICR and will, therefore, read the regulations each
year. 

(b)	General Requirements for Hazardous Remediation Waste Management
Sites

Following is a discussion of the Agency’s burden assumptions regarding
sites subject to the 40 CFR 264.1(j) requirements.

(b1)	Waste Analyses

Owners/operators of hazardous remediation waste managements sites are
required to obtain a detailed chemical and physical analysis of a
representative sample of the hazardous remediation waste to be managed
at the site.  EPA estimates that the owners/operators of all 30
remediation sites will perform waste analyses in order to obtain this
information each year.

(b2)	Inspections

Owners/operators must inspect the remediation waste management site for
malfunctions, deterioration, operator errors, and discharges that may be
causing, or may lead to, a release of hazardous waste constituents to
the environment, or a threat to human health.  Note that this ICR
burdens inspections under Section b6 of this subsection, “Compliance
Plan.”

(b3)	Demonstrations for Remediation Waste Management Sites in
Floodplains

Hazardous remediation waste management units must be designed,
constructed, operated, and maintained in such a way as to prevent
washout of any hazardous waste within a 100-year floodplain.  Exceptions
are allowed for sites that meet the demonstration requirements of
section 264.18(b).  

EPA assumes that owners/operators of existing remediation sites have
already prepared and submitted the above demonstration, if applicable. 
EPA further assumes that, each year, five percent of owners/operators of
new remediation sites (i.e., 0.05 x 8 = 0) will prepare and submit the
demonstration.  Thus, EPA estimates that no owner/operator of a
remediation site will need to comply with this information collection
requirement during the three-year period covered in this ICR.

(b4)	Construction Quality Assurance Program

Owners/operators of hazardous remediation waste management sites are
required to develop and maintain a construction quality assurance
program for all surface impoundments, waste piles, and landfill units,
as specified.  EPA assumes that existing remediation sites have already
developed their construction quality assurance programs.  Thus, EPA
estimates that only the eight new remediation sites will have to conduct
this activity each year.

(b5)	Contingency and Emergency Plan

Owners/operators of hazardous remediation waste management sites are
required to develop and maintain procedures to prevent accidents.  EPA
assumes that existing remediation sites have already developed these
procedures.  Thus, EPA estimates that only the eight new remediation
sites will have to conduct this activity each year.

Owners/operators of hazardous remediation waste management sites also
are required to develop and maintain a contingency and emergency plan. 
EPA assumes that existing remediation sites have already developed their
contingency and emergency plans.  Thus, EPA estimates that only the
eight new remediation sites will have to conduct this activity each
year.

(b6)	Compliance Plan

Owners/operators of hazardous remediation waste management sites are
required to develop, maintain, and implement a plan to meet the
requirements in sections 264.1(j)(2) through (j)(6) and sections
264.1(j)(9) through (j)(10).  EPA estimates that the owners/operators of
all 30 remediation sites will need to comply with this information
collection requirement each year.

(b7)	Recordkeeping Requirements

Owners/operators of hazardous remediation waste management sites are
required to maintain records documenting compliance with sections
264.1(j)(1) through (j)(12) in the operating record.  EPA estimates that
the owners/operators of all 30 remediation sites will need to comply
with these recordkeeping requirements each year. 

(c)	Requirements for Staging Piles

Following is a discussion of the Agency’s burden assumptions
regarding sites subject to the 40 CFR 264.554 requirements for staging
piles.

(c1)	Designation of Staging Piles

To manage hazardous remediation waste in a staging pile,
owners/operators of hazardous remediation waste management sites must
seek a staging pile designation from the Director.  EPA estimates that,
each year, 58 owners/operators of hazardous remediation waste management
sites will seek staging pile designations under section 264.554(c).  EPA
also estimates that one percent (i.e., 0.01 x 58 = 1) of these
owners/operators will need to prepare and submit additional information
requested by the Director.

(c2)	Staging Pile Recordkeeping

Owners/operators of staging piles must keep a record of the date when
waste was first placed in the staging pile.  EPA estimates that, each
year, all 58 owners/operators of hazardous remediation waste management
sites seeking staging pile designations under section 264.554(c) will
need to comply with the recordkeeping requirements under section
264.554(d)(1)(iii).

(c3)	Staging Pile Extensions

Staging piles are intended to be used for up to two years.  Under
certain circumstances, the Director may grant an extension of up to six
months.  EPA estimates that, each year, 20 percent of owners/operators
with existing staging piles (i.e., 0.20 x 146 = 29) will request an
operating term extension for a staging pile.

(d)	Remedial Action Plans

Following is a discussion of the Agency’s burden assumptions regarding
sites subject to the 40 CFR part 270, subpart H requirements.

(d1)	RAP Application

EPA estimates that, each year, eight owners/operators of hazardous
remediation waste management sites will submit a RAP application.  EPA
assumes that 50 percent of these owners/operators (i.e., 0.50 x 8 = 4)
will be able to use existing documents that satisfy the requirements for
a RAP in preparing their RAP applications.  The remaining 50 percent
(i.e., 0.50 x 8 = 4) will not have existing documents that satisfy the
requirements for a RAP and thus, will have to develop RAP applications
from new information.  All owners/operators must submit their RAP
application to the Director.

The Director may request additional information if necessary.  EPA
estimates that ten percent of owners/operators submitting RAP
applications each year (i.e., 0.10 x 8 = 1) will be required to prepare
and submit additional information. 

(d2)	RAP Modification, Revocation and Reissuance, and Termination

To modify a RAP, owners/operators must prepare and submit information to
modify their RAP in accordance to the procedures specified in the RAP. 
EPA estimates that, each year, five percent of owners/operators of
hazardous remediation waste management sites with a RAP will need to
modify it.  Thus, EPA estimates that two owner/operators (i.e., 0.05 x
30 = 2) will need to modify his RAP.

(d3)	RAP Recordkeeping

Owners/operators of hazardous remediation waste management sites with
RAPs are required to keep records concerning their RAPs.  EPA estimates
that all 30 owners/operators of hazardous remediation waste management
sites with RAPs will maintain a file of RAP documents.

(d4)	RAP Transfers

Owners/operators of hazardous remediation waste management sites with
RAPs may transfer the RAPs to new owners/operators.  EPA assumes that,
each year, one percent of the owners/operators (i.e., 0.01 x 30 = 0)
will transfer their RAP.  Thus, EPA estimates that no owner/operator
will need to comply with this information collection requirement during
the three-year period covered in this ICR. 

6(f)	Bottom Line Hour and Cost Burden

(1)	Respondent Tally

Exhibit 1 shows the aggregate annual hour and cost burden to
respondents.  As shown in the exhibit, EPA estimates the annual
respondent burden to be 4,959 hours and $325,503 ($299,701 labor costs
and $25,802 operating and maintenance costs). 

(2)	Federal Agency Tally

Exhibit 2 shows the annual Federal Agency hour and cost burden
associated with all the requirements covered in this ICR.  As shown in
this exhibit, EPA estimates the annual Federal Agency burden to be 742
hours and $42,302 ($42,255 labor costs and $47 operating and maintenance
costs). 

(3)	State Agency Tally

Exhibit 3 shows the annual State Agency hour and cost burden associated
with all the requirements covered in this ICR.  As shown in this
exhibit, EPA estimates the annual State Agency burden to be 1,994 hours
and $71,986 ($71,841 labor costs and $145 operating and maintenance
costs). 

6(g)	Reasons for Change in Burden

There is no change in burden with this renewal.

6(h)	Burden Statement

For owners/operators of hazardous remediation waste management sites
subject to the 40 CFR 264.1(j) and part 270, subpart H requirements, the
reporting burden is estimated to be 27.33 hours per respondent per year.
 This hourly burden includes time for preparing and submitting a RAP
application, information to modify a RAP, and information to transfer a
RAP.  The recordkeeping burden is estimated to be 42.13 hours per
respondent per year.  This hourly burden includes time for reading the
regulations and maintaining documentation (e.g., waste analyses results,
contingency and emergency plan, file of RAP documents) on site.

For owners/operators of hazardous remediation waste management sites
subject to the 40 CFR 264.554 requirements for staging piles, the
reporting burden is estimated to be 7.08 hours per year per respondent. 
This hourly burden includes time for preparing and submitting
information for a staging pile designation and documentation supporting
a staging pile extension.  The recordkeeping burden is estimated to be
12.61 hours per respondent per year.  This hourly burden includes time
for reading the regulations and complying with the recordkeeping
requirements in section 264.554(d)(1)(iii).

Burden means the total time, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the resources needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purpose 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.



  Facilities other than remediation facilities must comply with 40 CFR
part 264, subparts B, C, and D.

  These modifications do not constitute “significant” modifications
for purposes of section 270.170.  

  Postage cost estimates are from the U.S. Postal Service and are based
on the mailing cost for a two-pound package. 

  Waste analysis costs are based on testing cost estimates for
§264.13(a)(1) in “General Hazardous Waste Facility Standards,” ICR
Number 1571.  .

  In estimating the number of existing hazardous remediation waste
management sites, EPA analyzed data submitted by generators of
remediation-derived waste (i.e., BRS source codes G41, G42, G43, G44,
G45, and G49) to the 2001 and 2003 BRS.  Based on these data, EPA found
that, currently, there are 1,756 sites generating remediation-derived
wastes.  For purposes of this ICR, EPA assumes that only five percent of
these sites (i.e., 0.05 x 1,756 = 88) are subject to 40 CFR 264.554.

  In estimating the number of new hazardous remediation waste management
sits, EPA conducted a trend analysis of data submitted by generators of
remediation derived waste to the 2001 and 2003 BRS.  Based on these
data, EPA found that, each year, 1,158 new sites generate
remediation-derived wastes.  For purposes of this ICR, EPA assumes that
only five percent of the owners/operators of these sites (i.e., 0.05 x
1,158 = 58) will seek a staging pile designation each year.

  Permitted facilities must modify their permit to incorporate a staging
pile.  Refer to “Part B Permit Application, Permit Modifications, and
Special Permits,” ICR Number 1573, for the burden to these facilities.

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