SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST #1571.11

	"GENERAL HAZARDOUS WASTE FACILITY STANDARDS"

	January, 2016

TABLE OF CONTENTS

1.  	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection	3

1(b)	Characterization of the Information Collection	3

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection	6

2(b)	Use and Users of the Data	10

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication	12

3(b)	Consultations	12

3(c)	Public Notice	13

3(d)	Effects of Less Frequent Collection	13

3(e)	General Guidelines	13

3(f)	Confidentiality	14

3(g)	Sensitive Questions	14

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes	14

4(b)	Information Requested	15

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

5(a)	Agency Activities	58

5(b)	Collection Methodology and Management	60

5(c)	Small Entity Flexibility	60

5(d)	Collection Schedule	60

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating Respondent Burden	64

6(b)	Estimating Respondent Cost	65

6(c)	Estimating Agency Burden and Cost	66

6(d)	Respondent Universe and Total Respondent Burden and Costs	66

6(e)	Bottom Line Burden Hours and Costs	75

6(f)	Reasons for Change in Burden	76

6(g)	Burden Statement	76

Exhibits 1-10	78-90

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION

	This ICR is entitled “General Hazardous Waste Facility Standards,”
EPA ICR #1571.11.

1(b)	SHORT CHARACTERIZATION OF THE INFORMATION COLLECTION

Section 3004 of the Resource Conservation and Recovery Act (RCRA), as
amended, requires that the U.S. Environmental Protection Agency (EPA)
develop standards for hazardous waste treatment, storage and disposal
facilities (TSDFs) as may be necessary to protect human health and the
environment.  Subsections 3004(a) (1), (3), (4), (5) and (6) specify
that these standards include, but not be limited to, the following
requirements:

Maintaining records of all hazardous wastes identified or listed under
Subtitle C that are treated, stored, or disposed of, and the manner in
which such wastes were treated, stored, or disposed of;

Operating methods, techniques, and practices for treatment, storage, or
disposal of hazardous waste;

Location, design, and construction of such hazardous waste treatment,
disposal, or storage facilities;

Contingency plans for effective action to minimize unanticipated damage
from any treatment, storage, or disposal of any such hazardous waste;
and

Maintaining or operating such facilities and requiring such additional
qualifications as to ownership, continuity of operation, training for
personnel, and financial responsibility as may be necessary or
desirable.

The regulations implementing these requirements are codified in the Code
of Federal Regulations (CFR) Title 40, Parts 264 and 265.  A brief
summary of the information collection requirements associated with each
TSDF regulation for the above areas is provided below.  A more specific
discussion of the data elements and respondent activities associated
with each of the information collection requirements is presented in
Section 4.

2.	NEED FOR AND USE OF THE COLLECTION2.NEED FOR AND USE OF THE
COLLECTION

2(a)	NEED AND AUTHORITY FOR THE COLLECTION2(a)NEED AND AUTHORITY FOR THE
COLLECTION

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

GENERAL FACILITY OPERATING REQUIREMENTS

(1)	Foreign Shipment Import Report

EPA promulgated regulations in §§264.12(a) and 265.12(a) requiring
owners and operators of hazardous waste facilities that have arranged to
receive hazardous wastes from foreign sources to notify the Regional
Administrator in writing at least four weeks prior to the expected date
of arrival of the shipments at the facility.  EPA uses information in
the foreign shipment import report to determine: (1) whether hazardous
wastes will be transported safely to the United States, and (2) whether
the waste will be managed in a manner that is protective of human health
and the environment.  The foreign shipment import report requirement
contributes to EPA's goal of minimizing detrimental impacts to the
environment resulting from the unsafe transportation and management of
hazardous waste.  

(2)	Notice of Appropriate Permits

Section 264.12(b) requires the owner or operator of a facility receiving
off-site waste to send a one-time notice to the generator stating that
he or she has the appropriate permits, and will accept the waste the
generator is shipping.  The owner or operator must retain a copy of the
notice at the facility.  The notice is needed to ensure that waste is
being managed properly.  EPA may examine the notices during inspections
to ensure that the notifications are being transmitted.

(3)	Notice of Part 264 or 265 and Part 270 Requirements

Sections 264.12(c) and 265.12(b) require owners and operators
transferring ownership of a facility during its operating life, or of a
disposal facility during the post-closure care period, to notify the new
owner or operator in writing of the requirements of 40 CFR Parts 264 and
270.  This information is needed to help new owners and operators
understand applicable regulations and facilitate compliance. 

(4)	Waste Analysis

EPA promulgated regulations in §§264.13(a) (1) and 265.13(a) (1)
requiring owners or operators to obtain a detailed chemical and physical
analysis of a representative sample of the waste that will be received. 
EPA and the owner or operator use information obtained in the waste
analysis sample to determine: 1) whether a facility can adequately
handle incoming waste, and 2) whether the waste is really what the
generator claims it to be.  The owner or operator also uses information
obtained from the waste analysis to determine whether there are any
potential dangers from handling the waste.  The waste analysis
requirement contributes to EPA's goal of preventing releases or
reactions of hazardous waste on-site.

(5)	Waste Analysis Plan

Sections 264.13(b) and 265.13(b) state that the owner or operator of a
hazardous waste facility must develop and follow a written waste
analysis plan that describes the procedures to be used in obtaining a
detailed chemical and physical analysis of the waste.  EPA uses the
waste analysis plan as a planning tool to ensure the quality of
information obtained from the waste analysis samples required in
264.13(a)(1) and 265.13(a)(1).  

(6)	Inspection Schedule

EPA promulgated regulations in §§264.15(d) and 265.15(d) requiring the
owner or operator of a facility to record inspections in an inspection
log or summary.  EPA and owners and operators use information in the
inspection log to determine whether facility equipment is safe for
handling hazardous waste.  The inspection requirement contributes to
EPA's goal of preventing hazardous waste constituents from being
released into the environment due to faulty or deteriorated equipment.  

(7)	Personnel Training

Sections 264.16(d) and 265.16(d) require owners and operators to
maintain copies of personnel training documents and records at their
facilities.  Both EPA and owners and operators use information in
personnel training records to determine whether employees have acquired
the necessary expertise to perform their jobs.  EPA also reviews
personnel records to determine whether employees are receiving a level
of training that is commensurate with their duties and responsibilities
as well as their ability to respond to any emergency situations at the
facility.  Requiring owners and operators to maintain personnel training
documents decreases the likelihood that employees are unqualified to
handle hazardous waste or respond to emergencies.  The personnel
recordkeeping requirement contributes to EPA's goal of minimizing the
potential for employee-related mistakes that may threaten human health
and the environment.

(8)	Documentation of Compliance for Ignitable, Reactive or Incompatible
Wastes

Section 264.17(c) states that any owner or operator who treats, stores,
or disposes of ignitable or reactive wastes, or mixes incompatible
wastes, must document compliance with §264.17(a) and (b), which require
certain precautions to prevent reactions.  EPA uses information in the
documentation of compliance to determine whether facilities are
operating in a manner that is protective of human health and the
environment.  The documentation requirement contributes to EPA's goal of
minimizing damage from the treatment, storage, or disposal of hazardous
waste. 

(9)	Construction Quality Assurance Plan

Section 265.19(b) requires each owner or operator of a surface
impoundment, waste pile, or landfill to develop a written construction
quality assurance (CQA) plan that identifies steps that will be used to
monitor and document the quality of materials and the condition and
manner of their installation.  The CQA plan helps to ensure proper
structural stability and integrity of all unit components, and proper
construction of all units.

RECORDKEEPING REQUIREMENTS

EPA promulgated regulations in 40 CFR 264.73 and 265.73 directing owners
or operators of hazardous waste treatment, storage, or disposal
facilities to keep a written operating record at the facility.  Other
recordkeeping requirements under 40 CFR Parts 264 and 265, Subpart E,
include submitting copies of records of waste disposal locations and
quantities under §§264.73(b)(2) and 265.73(b)(2) to the Regional
Administrator and local land authority upon closure of the facility
(§§264.74(c) and 265.74(c)).  In addition, 40 CFR 264.37(b) requires
facilities to document in the operating record any refusal of State

or local authorities to enter into arrangements for emergency
situations.  EPA uses information collected pursuant to these
regulations to select appropriate corrective action and cleanup measures
should an unanticipated release of hazardous waste occur.  EPA
compliance officials refer to the operating record to determine the
following:  1) what cleanup measures are appropriate and 2) whether
operating requirements can be better tailored to the needs of a
particular site.  EPA anticipates that the owner or operator will use
information included in the operating record to prevent receiving, or
placing in proximity, wastes that are incompatible with other wastes
that are likely to ignite or explode.  Requiring facilities to develop
and maintain an operating record and conduct the recordkeeping
activities contributes to EPA's goal of minimizing damage to the
environment due to the treatment, storage, or disposal of hazardous
waste.

CONTINGENCY PLAN AND EMERGENCY REPORTING AND RECORDKEEPING REQUIREMENTS

Section 3004(a) (5) of RCRA, as amended, requires EPA to develop
standards for contingency plans for effective action to minimize damage
from any treatment, storage, or disposal of any such hazardous waste. 
EPA codified regulations that address this statutory requirement in 40
CFR Parts 264 and 265.  40 CFR §§264.51 through 264.54 and 264.56 and
265.51 through 265.54 and 265.56 require all owners and operators of
hazardous waste facilities to prepare and maintain  contingency plans,
and to notify State and local authorities and prepare and emergency
reports whenever an imminent or actual emergency situation occurs.  EPA
reviews the contingency plan and emergency reports to determine whether
a facility has developed adequate procedures to respond to unplanned
sudden or non-sudden releases of hazardous waste or hazardous
constituents to air, soil, or surface water.  Notifications to State and
local authorities facilitate remedial actions and evacuations, if
necessary.  Requiring facilities to develop and maintain contingency
plans and prepare emergency response reports and notifications
contributes to EPA's goal of minimizing damage from the treatment,
storage, or disposal of hazardous waste. 

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Under 40 CFR 264.96(c), EPA requires owners and operators to demonstrate
that the ground-water protection standard has not been exceeded for a
period of three years to ensure that the compliance period can be safely
terminated.  40 CFR 264.97(g) requires owners and operators to prepare
and submit an appropriate sampling procedure and interval to ensure that
ground-water monitoring is being performed accurately and adequately.

CLOSURE AND POST-CLOSURE REQUIREMENTS 

EPA promulgated regulations in 40 CFR Parts 264 and 265, Subpart G
(§§264.112, 264.115, 264.116, 264.118-120 and 265.112, 265.113,
265.115, 265.116, and 265.118-120), that require owners and operators to
develop closure and post-closure plans, amend these plans when
appropriate, and submit 

to EPA closure certifications and post-closure notices.  EPA reviews
information in the closure and post-closure plans to determine whether
closure and post-closure activities will comply with the regulatory
requirements.  EPA uses information in the closure certifications to
determine that closure took place in accordance with the approved
closure plan.  EPA, local authorities, and potential purchasers of a
closed facility review information included in the post-closure notices
to determine what future uses of the site will not lead to a release of
hazardous waste. 

In addition, 40 CFR 264.113 and 265.113 allow owners and operators to
apply for allowances and extensions during the closure period by
preparing and submitting demonstrations.  These demonstrations are
needed to ensure that any activities taking place during closure are
protective of human health and the environment.

Requiring facilities to comply with these regulations contributes to
EPA's goal of ensuring that all hazardous waste management facilities
are closed in a manner that minimizes the need for post-closure
maintenance, and controls, minimizes, or eliminates post-closure escape
of waste, leachate, contaminated rainfall, or waste decomposition
products to ground or surface waters and the atmosphere to the extent
necessary to protect human health and the environment.  

FINANCIAL REQUIREMENTS 

Section 3004(a) (6) of the Resource Conservation and Recovery Act of
1976 (RCRA), as amended, requires EPA to promulgate regulations that
include requirements respecting "the maintenance of operations of such
facilities and requiring such additional qualifications as to ...
financial responsibility (including financial responsibility for
corrective action) as may be necessary or desirable."

(1)	Closure and Post-Closure Financial Assurance Requirements

The need for financial assurance of closure and post-closure care is
indicated by the numerous instances of environmental damage resulting
from abandonment of hazardous waste management (HWM) facilities and
other failures by owners and operators to provide adequately for closure
and post-closure care.  The likelihood of such failure is increased by
the fact that the costs for closure and post-closure care are expected
to commence when the economic value of the facility is either at a
minimum or nonexistent.  For most disposal facilities, post-closure care
will extend for at least 30 years beyond the operating life of the
facility.

EPA believes that significant numbers of owners and operators would lack
the ability to provide for closure and post-closure care without
effective requirements for financial assurance.  Consequently, the
Agency developed 40 CFR Parts 264 and 265, Subpart H financial
responsibility requirements for closure and post-closure care.  (The
requirements in Part 264, Subpart H, are identical to the requirements
in Part 265, Subpart H.  The remainder of this supporting statement will
use the reference to Subpart H as referring to both the Part 264 and
Part 265 financial responsibility requirements.)

(2)	Liability Requirements

The liability requirements are designed to assure that funds will be
available during the operating life of a facility from which third
parties can seek compensation for bodily injury and property damage
arising from the operation of the facility.  The liability requirements
are necessary for several reasons.  First, the requirements provide
protection to human health and the environment by assuring that funds
are available to owners and operators to compensate for damage caused by
accidents at hazardous waste facilities, including payments for bodily
injury and property damage.  In addition, the Agency believes that
without liability coverage requirements, there would be less public
confidence in and greater opposition to proposed and existing hazardous
waste facilities.  The liability requirements also result in other
potential benefits for human health and the environment:  the incentive,
in the form of lower insurance premiums, to improve design and operation
of the facility, and the oversight that insurers provide over facility
operations.

CONDITIONS APPLICABLE TO ALL PERMITS

2(a)NEED AND AUTHORITY FOR THE COLLECTIO

	EPA promulgated conditions applicable to all permits at 40 CFR Part
270, Subpart C.  Information collected under this authority is needed to
ensure that permittees are complying with permit conditions, and to
determine whether cause exists for modifying, revoking and reissuing, or
modifying a permit.

2(b)	USE AND USERS OF THE DATA

GENERAL FACILITY OPERATING REQUIREMENTS

(1) 	Foreign Shipment Import Report, Notice of Appropriate Permit(s),
and

Notice of Part 264 and Part 270 Requirements

EPA uses foreign shipment import reports to determine the quantities and
types of hazardous wastes being imported from abroad.  Information in
the foreign shipment import report also allows EPA to determine whether
hazardous wastes will be safely transported and managed.

Generators use notices of appropriate permits to ensure that their waste
is being managed by a permitted facility.  Owners and operators of TSDFs
must keep the notices in the operating record, and these notices may be
reviewed by EPA during facility inspections.

New owners and operators use the notice of Part 264 and Part 270
requirements to improve their understanding of applicable regulations.

(2) 	Waste Analysis, Waste Analysis Plan, Inspection Schedule, and

Documentation of Compliance

The waste analysis and waste analysis plan, as well as the inspection
schedule and documentation of compliance for ignitable or incompatible
wastes, are primarily internal recordkeeping requirements used by owners
and operators of facilities to assure that they can adequately handle
incoming waste, to assure that the incoming waste is really what the
generator claims it to be, and to prevent undetected releases or
reactions of hazardous waste on-site.  Much of the information in the
waste analysis plan will also be used to provide a quality assurance
check on both the generator and the owners' and operators' facilities.

(3) 	Personnel Training

Both EPA and owners and operators use information in the personnel
training records to ensure that personnel acquire the necessary
expertise to perform their jobs.  During inspections, EPA reviews job
descriptions and training documents to determine whether each person is
receiving a level of training that is commensurate with the person's
duties and responsibilities as well as the ability to respond to any
emergency situations at the facility.  

RECORDKEEPING REQUIREMENTS

The facility owner or operator uses information included in the
operating record and waste disposal location and quantity records to
prevent the facility from receiving or placing in proximity wastes that
are incompatible or that are likely to ignite or explode.  If an
unanticipated release of hazardous waste occurs, the owner or operator
may review information in the operating record to determine the
composition of the waste.  Reviewing information in the operating record
facilitates the owner's or operator's selection of an appropriate
corrective action and cleanup measure.  By providing facility-specific
data, the operating record also enables EPA compliance officials to
determine whether operating requirements can be better tailored to the
needs of a particular site.

CONTINGENCY PLAN AND EMERGENCY REPORTING AND RECORDKEEPING REQUIREMENTS 

Local emergency response teams, certain hazardous waste generators,
treatment, storage, and disposal facility owners or operators, and EPA
use information included in the contingency plan to assure an
appropriate response to any unplanned release of hazardous waste or
hazardous waste constituents.  EPA reviews information in the
contingency plan and emergency report to determine whether additional
site-specific emergency provisions are necessary.  

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

EPA uses data demonstrating compliance with the ground-water protection
standard to ensure that the compliance period can be safely terminated. 
EPA collects and reviews proposed sampling procedures and intervals to
ensure that facilities are taking appropriate steps to ensure that any
ground-water contamination is detected rapidly and effectively.

CLOSURE AND POST-CLOSURE REQUIREMENTS

EPA uses information contained in closure and post-closure plans to
determine whether an owner or operator's planned closure and
post-closure activities will comply with environmental regulations.  EPA
officials use information contained in closure certifications to ensure
that the owner or operator closed his/her facility according to the
specifications outlined in the approved closure plan.  EPA uses
information contained in demonstrations to ensure that any activities
taking place during the closure period are protective of human health
and the environment.  Local authorities, EPA, and potential purchasers
of a closed facility review information included in post-closure notices
to ensure that new owners or operators will not use land in a manner
that will lead to a release of hazardous waste into the environment.  

FINANCIAL REQUIREMENTS

The closure, post-closure care, and liability coverage financial
instruments submitted by the owner or operator are reviewed by EPA to
determine compliance with the applicable Subpart H regulations.  This
review involves determinations of the validity of the instrument,
acceptability of the financial assurance provider, adequacy of the
instrument amount, and fulfillment of the other regulatory requirements.
 The information is also used to direct funds for closure, post-closure
care, and liability coverage in the event of default or bankruptcy of a
facility owner or operator.

CONDITIONS APPLICABLE TO ALL PERMITS

	EPA uses data collected from permitted facilities to evaluate
compliance with the terms of the permit and to decide whether cause
exists for modifying, revoking and reissuing, or terminating the permit.
By collecting this information, EPA ensures that permitted facilities
are operating in a manner protective to human health and the
environment.

3.	NONDUPLICATION, CONSULTATION, AND OTHER COLLECTION CRITERIA

3(a)	NONDUPLICATION

	Most of the information required by the regulation is not available
from any source but the respondents.  To avoid duplicating previous
work, EPA is allowing respondents to draw upon similar analyses in
compiling data for waste analysis and testing requirements, provided the
information meets the requirements specified in the regulations.

3(b)	CONSULTATIONS

	The following consultants were contacted on the burden estimates for
this ICR.  

Mark Knighton		Solutia Inc.			(256) 282-6292

Amie Gronberg		Safety-Kleen Systems, Inc.	(918) 355-1589

Kevin Sheehan		CWM Chemical Services	(716) 754-8231

There are no changes to the burden calculations based on these
consultations.

	

3(c) 	PUBLIC NOTICE

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice in the Federal Register on October 28, 2015 (80 FR 65999),
and provided a 60 day comment period.  No comments were received.

3(d)	EFFECTS OF LESS FREQUENT COLLECTION

EPA has carefully considered the burden imposed upon the regulated
community by the general facility standards.  EPA is confident that
those activities required of respondents are necessary, and to the
extent possible, have 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 wastes are being properly managed, and do not pose a serious
threat to human health and the environment.   

3(e)	GENERAL GUIDELINES

In general, the information collection requirements covered by this ICR
adhere to the guidelines stated in the 1995 Paperwork Reduction Act as
amended, OMB's implementing regulations, EPA's Information Collection
Review Handbook, and other applicable OMB guidance. However, certain
general facility regulations listed below require TSDFs to retain
records for more than three years.  As explained below, EPA believes
that maintenance of these records for longer than three years meets
substantial needs to protect human health and the environment.

GENERAL FACILITY OPERATING STANDARDS

(1)	General Inspection Requirements

The general inspection requirements require the owner or operator to
keep inspection records at the facility for at least three years from
the date of inspection.  Keeping inspection records for longer than
three years may be advisable to keep track of any long standing
violations or continued areas of concern regarding potential spills,
leaks or mismanagement of the hazardous wastes.

(2)	Personnel Training

Training records on current employees must be kept at the facility until
closure of the facility.  Records of former employees must be held for
at least three years after the date the employee left the facility. 
Keeping these records will provide documentation of preparations made
for handling hazardous waste, and allow the facility to keep up to date
on its employee training.

OPERATING RECORD

Owners or operators are required to maintain an operating record at the
facility until closure.  This record will help ensure compliance with
the hazardous waste regulations, and make it easier to locate the cause
of any potential hazardous waste leak or spill.

CLOSURE/POST-CLOSURE PLANS

Owners or operators are required to keep a copy of the closure plan at
the facility until closure.  The owner or operator is also required to
keep the certification of closure at the facility until the facility is
released from financial assurance requirements for closure.  These
requirements assure that the facility is closing in accordance with the
regulations at the least possible risk to human health and the
environment.

3(f)	CONFIDENTIALITY

	Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define
EPA’s general policy on the public disclosure of information, contain
provisions for confidentiality.  EPA does not anticipate requesting any
confidential information.

3(g)	SENSITIVE QUESTIONS

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

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	RESPONDENTS/NAICS CODES

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

323110		Commercial Lithographic Printing

323114		Quick Printing

325131		Inorganic Dye and Pigment Manufacturing 

325188		All Other Basic Inorganic Chemical Manufacturing

325998		All Other Miscellaneous Chemical Product Manufacturing 

331311		Alumina refining

325211		Plastics Material and Resins Manufacturing

32551		Paint and Coating Manufacturing

32511		Petrochemical Manufacturing

32512		Industrial Gas Manufacturing

325188		All Other Inorganic Chemical Manufacturing

325193		Ethyl Alcohol Manufacturing

325199		All Other Basic Organic Chemical Manufacturing

325998		All Other Miscellaneous Chemical Product Manufacturing	

311942		Spice and Extract Manufacturing 

32411		Petroleum Refineries

332813		Electroplating, Plating, Polishing, Anodizing and Coloring

33271		Machine Shops

332991		All Other Miscellaneous Fabricated Metal Product Manufacturing

333319		Other Commercial or Service Industry Machinery Manufacturing	
Accessories

333999		All Other General Purpose Machinery Manufacturing

336399		All Other Motor Vehicle Part Manufacturing

334		Computer and Electronic Product Manufacturing

336		Transportation Equipment Manufacturing

48422		Specialized Freight (except Used Goods) Trucking, Local

56211		Waste Collection

22111		Electric Power Generation

22112		Fossil Fuel Electric Power Generation

22132		Sewage Treatment Facilities

56292		Materials Recovery Facilities

56221		Waste Treatment and Disposal

42271		Petroleum Bulk Stations and Terminals

45431		Fuel Dealers

4411		Automobile Dealers

4471		Gasoline Stations

811111		General Automotive Repair

4(b)	INFORMATION REQUESTED

The following subsections summarize the data items and respondent
activities required for each of the information collection requirements
discussed in this ICR.  The information collection requirements are
divided into seven categories:

General facility operating requirements;

Recordkeeping requirements;

Contingency plan and emergency reporting and recordkeeping requirements;

Releases from solid waste management units;

Closure and post-closure requirements; 

Financial requirements;

Corrective action management unit requirements; and

Conditions applicable to all permits.

GENERAL FACILITY OPERATING REQUIREMENTS

(1)	Foreign Shipment Import Report

(i)	Data items:

Sections 264.12(a) and 265.12(a) require owners or operators that have
arranged to receive hazardous wastes from foreign sources to notify the
Regional Administrator in writing at least four weeks prior to the
expected date of arrival of the shipments at the facility.  Data items
that should be included in this notification include:

Description of the type and quantity of waste to be received;

Date shipment is expected to arrive; and

Description of how imported waste will be managed at the facility.

 

(ii)	Respondent activities:

In order to comply with the foreign shipment report requirements,
respondents must perform the following activities:

Read the regulations; 

Collect data; and

Prepare and submit the notification.

(2)	Notice of Appropriate Permits

(i)	Data item:

Section 264.12(b) requires the owner or operator of a facility that
receives off-site waste to inform the generator in writing that he or
she has the appropriate permits, and will accept, the waste the
generator is shipping.  This notice must be sent to the generator before
receiving the first shipment of waste.  The owner or operator must
retain a copy of the notice at the facility.  

(ii)	Respondent activities:

In order to comply with Section 264.12(b), respondents must perform the
following activities:

Read the regulations;

Prepare and submit the one-time notice; and

Retain a copy of the notice.

(3)	Notice of Part 264 and Part 270 Requirements

(i)	Data item:

Sections 264.12(c) and 265.12(b) require owners or operators
transferring ownership of a facility during its operating life, or of a
disposal facility during the post-closure care period, to notify the new
owner or operator in writing of the requirements of 40 CFR Part 264 or
265 and Part 270.  This notice must be submitted before the transfer in
ownership.

(ii)	Respondent activities:

In order to comply with sections 264.12(c) and 265.12(b), respondents
must perform the following activities:

Read the regulations; and

Prepare and submit the notice. 

(4)	Waste Analysis

(i)	Data items:

Sections 264.13(a) (1) and 265.13(a) (1) require an owner or operator to
obtain a detailed chemical and physical analysis of any hazardous waste
he or she intends to treat, store, or dispose.  Sections 264.13(a) (2)
and 265.13(a) (2) state that the analysis may include data, either
existing or published, developed under 40 CFR Part 261, as well as
existing data on the hazardous waste or hazardous waste generated from
similar processes.  

(ii)	Respondent activities:

In order to comply with sections 264.13(a) (1) and 265.13(a) (1),
respondents must perform the following activities:

Read the regulations;

Collect data; and

Perform waste analysis (sampling, testing).

(5)	Waste Analysis Plan

(i)	Data items:

Sections 264.13(b)-(c) and 265.13(b)-(c) state that an owner or operator
of a hazardous waste facility must develop and follow a written waste
analysis plan that describes the procedures to be used in obtaining a
detailed chemical and physical analysis of the waste.  The owner or
operator is required to keep the waste analysis plan at the facility. 
At a minimum, the plan must include the following information:

Parameters for which each hazardous waste will be analyzed and the
rationale for the selection of these parameters;

Test methods used to test for the parameters;

 Sampling method used to obtain a representative sample of the waste to
be analyzed;

Frequency with which the initial analysis of the waste will be reviewed
or repeated to ensure that the analysis is accurate and up to date; 

For off-site facilities, the waste analyses that hazardous waste
generators have agreed to supply; 

Where applicable, the methods which will be used to meet additional
waste analysis requirements for specific waste management methods as
specified in §§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d),
265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402,
265.1034(d), 265.1063(d), and 268.7; For surface impoundments exempted
from land disposal restrictions under Section 268.4(a) procedures and
schedules for:

--	The sampling of impoundment contents;

--	The analysis of test data;

		--	The annual removal of residues which are not delisted under

§260.22 or which exhibit a characteristic of hazardous waste and meet
the requirements specified in §§264.13(b)(7)(iii)(A),(B),(B)(1) or
(B)(2) and 265.13(b)(7)(iii)(A), (B), (B)(1), or (B)(2); and

For off-site facilities, the procedures used to inspect and analyze each
movement of hazardous waste received at the facility, as required under
§§264.13(c) and 265.13(c), including:

--	Procedures that will be used to determine the identity of each

movement of waste managed at the facility; and 

--	The sampling method which will be used to obtain a representative

sample of the waste to be identified, if the identification method
includes sampling.  

(ii)	Respondent activities:

Since permitted facilities submit the waste analysis plan with the Part
B permit application, activities associated with developing and
modifying the waste analysis plan are discussed in the Hazardous Waste
Part B Permit Applications, Special Permits, and Permit Modifications
ICR (#1573).  However, prior to submitting a permit application, an
interim status facility must prepare a waste analysis plan.  Therefore,
preparation and modification of waste analysis plans for interim status
facilities will be discussed in this ICR (#1571).  In addition to the
development of the plan, this ICR will also focus on activities
associated with the recordkeeping aspects of the regulations for both
permitted and interim status facilities.

To meet the recordkeeping requirement outlined in §§264.13(b) and
265.13(b), owners or operators must file the waste analysis plan at the
facility.  Activities associated with developing a waste analysis plan
include:

Reading the regulations; 

Collecting the data required in the waste analysis plan; 

Writing the waste analysis plan; 

Maintaining the plan (e.g., photocopying and filing); and 

Modifying the waste analysis plan (for new and existing interim status
facilities).

		(6)	Inspection Schedule

(i)	Data items:

Sections 264.15(b)(1) and 265.15(b)(1) require owners and operators to
develop and follow a written schedule for monitoring equipment that is
important in preventing, detecting, or responding to environmental or
human health hazards.  At a minimum, the inspection schedule must
include the terms and frequencies called for in §§264.174, 264.194,
264.195, 264.226, 264.253, 264.254, 264.303, 264.347, 264.602, 264.1033,
264.1052, 264.1053, 264.1058, 265.174, 265.193, 265.195, 265.226,
265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053, and 265.1058
and must identify the types of problems that are to be investigated
during the inspection.  

Section 264.15(d) and 265.15(d) state that an owner or operator must
record inspections conducted according to the written schedule developed
pursuant to §§264.15(b)(1) and 265.15(b)(1) in an inspection log or
summary that is to be maintained at the facility.  The inspection log or
summary must contain the following data items:

Date and time of inspection;

Name of inspector;

Notation of the observations made; and

Date and nature of any repairs or other remedial action.

(ii)	Respondent activities:

Since permitted facilities submit the inspection schedule with the Part
B permit application, activities associated with developing and
modifying the schedule are discussed in the Hazardous Waste Part B
Permit Applications, Special Permits, and Permit Modifications ICR
(#1573).  Prior to submitting a permit application, interim status
facilities must prepare an inspection schedule; preparation of and
modification to the inspection schedule for these facilities will be
discussed in this ICR (#1571).  This ICR will also focus on activities
associated with the recordkeeping aspects of the regulations for both
permitted and interim status facilities.

To meet the requirements outlined in §§264.15(d) and 265.15(d), the
owner or operator must conduct the following activities:

Read the regulations;

Develop an inspection schedule (new interim status facilities only);

Maintain and modify the inspection schedule at the facility (new and
existing interim facilities only); and

Record problems identified during inspections in the inspection log

	(7)	Personnel Training

(i)	Data items:

Sections 264.16(d) and 265.16(d) require an owner or operator to
maintain copies of personnel training documents and records at the
facility.  These documents should include the following data items:

Job title for each position at the facility related to hazardous waste
management, and the name of the employee filling each job;

Written job description for each position, which includes the necessary
skill, education, or other qualifications and duties of employees
assigned to each position;

Written description of the type and amount of both introductory and
continuing training that will be given to each person filling a
position; and records that document that the training or job experience
required have been given to, and completed by, facility personnel. 

(ii)	Respondent activities:

Respondent activities associated with Sections 264.16(d) and 265.16(d)
include:

Reading the regulations; 

Collecting the data items listed above;  and 

Maintaining (e.g., photocopying and filing) the information at the
facility.

(8)	Documentation of Compliance for Ignitable, Reactive, or Incompatible
Wastes

(i)	Data items:

Section 264.17(c) states that the owner or operator of a hazardous waste
facility must take precautions to prevent accidental ignition or
reaction of ignitable or reactive waste.  The owner or operator of a
permitted facility must document compliance with the requirements
outlined in §§264.17(a) and (b).  The documentation may be based on
references to published scientific or engineering literature, data from
trial tests (e.g., bench scale or pilot scale tests), waste analyses (as
specified in §264.13), or the results of the treatment of similar
wastes by similar treatment processes and under similar operating
conditions.  

(ii)	Respondent activities:

Respondent activities associated with Section 264.17(c) include:

Reading the regulations; 

Collecting and documenting the data items mentioned above; and 

Maintaining (e.g., photocopying and filing) documentation at the
facility.

(9)	Construction Quality Assurance Plan

(i)	Data items:

Section 265.19(b) requires any owner or operator of an interim status
surface impoundment, waste pile, or landfill to develop a written
construction quality assurance (CQA) plan that identifies steps that
will be used to monitor and document the quality of materials and the
condition and manner of their installation.  [Permitted facilities must
also develop a CQA plan for surface impoundments, waste piles, and
landfills.  Activities associated with CQA plans at permitted facilities
are burdened in the Part B Permit Application, Permit Modifications, and
Special Permits ICR, #1573.]  The CQA plan must include the following
information:

Identification of applicable units, and a description of how they will
be constructed;

Identification of key personnel in the development and implementation of
the CQA plan, and CQA officer qualifications;

A description of inspection and sampling activities for all unit
components, including observations and tests that will be used before,
during, and after construction to ensure that the construction materials
and the installed unit components meet design specifications.  This
description must cover:

-	Sampling size and locations;

-	Frequency of testing;

-	Data evaluation procedures;

-	Acceptance and rejection criteria for construction materials;

-	Plans for implementing corrective measures; and

-	Data or other information to be recorded and retained in the 		
operating record under §265.73.

The owner or operator also must prepare and submit a certification
signed by the CQA officer at least 30 days prior to receiving waste that
the CQA plan has been successfully carried out and that the unit meets
the requirements of §§265.221(a), 265.254, or 265.301(a).

(ii)	Respondent activities:

In order to comply with Section 265.19, owners and operators must:

Read the regulations;

Prepare the CQA plan;

Prepare the certification;

Submit materials to EPA; and

Maintain records of the materials.

RECORDKEEPING REQUIREMENTS

(1)	Operating Record Requirements

(i)	Data items:

Sections 264.73 and 265.73 outline specific operating recordkeeping
requirements that are imposed on TSDFs.  This ICR covers the
requirements found at §264.73(b) (1)-(16) and §265.73(b) (1)-(16),
which state that the operating record must contain the following data
items:

A description and the quantity of each hazardous waste received, and the
method(s) 	and date(s) of its treatment, storage, or disposal at the
facility as required by Appendix I;

The location of each hazardous waste within the facility and the
quantity at each location. For disposal facilities, the location and
quantity of each hazardous waste must be recorded on a map or diagram of
each cell or disposal area;

Records and results of waste analyses performed;

Summary reports and details of all incidents that require implementing
the contingency plan;

Records and results of inspection reports (which must be kept for three
years);

Monitoring, testing, or analytical data and corrective action where
required;

Copies of written notices (for off-site facilities) certifying that the
facility is permitted and will accept the waste the generator is
shipping;

Closure cost estimates and, for disposal facilities, post-closure cost
estimates;

A certification by the permittee, no less often than annually, that the
permittee has a program in place to reduce the volume and toxicity of
hazardous waste that he generates to the degree determined by the
permittee to be economically practicable; and the proposed method of
treatment, storage, or disposal that is the practicable method currently
available to the permittee which minimizes the present and future threat
to human health and the environment;

Records of the quantities (and date of placement) for each shipment of
hazardous waste placed in land disposal units under an extension to the
effective date of any land disposal restriction, or a certification, and
the applicable notice required by a generator; 

Documents stating refusal of State or local authorities to enter into
arrangements to address emergency situations;

Records of hazardous waste application dates and rates; and

Maps detailing (1) the exact location, dimensions, and depths of each
cell with respect to permanently surveyed benchmarks, and (2) the
contents of each cell and the approximate location of each hazardous
waste type within each cell.

(ii)	Respondent activities:

In order to comply with sections 264.73 and 265.73, 264.37, 264.279 and
265.279, and 264.309 and 265.309, owners or operators are required to
maintain a written operating record at the facility.  Respondent
activities associated with maintaining an operating record include
maintaining (e.g., photocopying and filing) the data items listed above.
 

(2)	Other Recordkeeping and Reporting Requirements

Sections 264.74(c) and 265.74(c) require owners or operators to submit
to the Regional Administrator and local land authority a copy of the
records of waste disposal locations and quantities under
§§264.73(b)(2) and 265.73(b)(2) upon closure of the facility.  Since
this information is submitted upon closure of the facility, data items
and respondent activities are included in the closure/post-closure
section.  

CONTINGENCY PLAN AND EMERGENCY REPORTING REQUIREMENTS

(1)	Contingency Plan Requirements

(i)	Data items:

Sections 264.51 and 265.51 require owners or operators to have a
contingency plan for their facilities and sections 264.53(a) and
265.53(a) require the owner or operator to maintain a copy of an updated
contingency plan at the facility.  Sections 264.52 and 265.52 outline
the data elements that should be included in this plan:  

A description of the arrangements agreed to by local police departments,
fire departments, hospitals, contractors, and State and local emergency
response teams to coordinate emergency services;

An updated list of the names, addresses, and phone numbers (office and
home) of all persons qualified to act as emergency coordinators;

An updated list of all emergency equipment at the facility and the
location, physical description, and capabilities of the emergency
equipment.  The contingency plan should also indicate where the
emergency equipment will be required; and 

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

In addition, sections 264.53(b) and 265.53(b) require owner/operators to
submit a copy of the contingency plan and all revisions to all local
police departments, fire departments, hospitals, and State and local
emergency response teams that may be called upon to provide emergency
services.

(ii)	Respondent activities:

Since permitted facilities submit the contingency plan with the Part B
permit application, activities associated with developing and modifying
the contingency plan are discussed in the Hazardous Waste Part B Permit
Applications, Special Permits, and Permit Modifications ICR (#1573). 
Interim status facilities must prepare contingency plans prior to
submitting a permit application; therefore, preparation of the
contingency plan for these facilities is covered under this ICR (#1571).
 This ICR also includes submittal of the plan to State and local
authorities and recordkeeping activities for both permitted and interim
status facilities.

In order to comply with contingency plan requirements, owners or
operators are required to perform the following activities:

Read the regulations;

Collect the data required in the contingency plan; 

Write the contingency plan (new interim status facilities only);

Submit the contingency plan to State and local authorities;

Maintain (e.g., photocopy and file) the contingency plan; and 

Amend the contingency plan when appropriate.

[Although permitted and interim-status facilities must comply with
appropriate requirements for amending a contingency plan, this ICR
addresses only interim status facilities amending their plans.  As
mentioned, permitted facilities amending their plans must comply with
sections 264.54 and submit a permit modification under section 270.42. 
These permitted facilities are addressed in the Hazardous Waste Part B
Permit Applications, Special Permits, and Permit Modifications, ICR
#1573].

(2)	Emergency Reporting and Recordkeeping Requirements

(i)	Data items:

Sections 264.56(a) (2) and 265.56(a) (2) require owners and operators to
immediately notify State and local authorities with designated response
roles of an imminent or actual emergency situation.  Sections
264.56(d)(1) and 265.56(d)(1) require owners and operators to notify
local authorities if his or her assessment of a release, fire, or
explosion indicates that evacuation of local areas may be advisable.

Sections 264.56(d) (2) and 265.56(d) (2) require the facility emergency
coordinator to notify the on-scene coordinator or the National Response
Center of any release, fire, or explosion that could threaten human
health or the environment outside the facility.  The emergency
notification report must include the following information:

Name and telephone number of reporter;

Name and address of facility;

Time and type of incident;

Name and quantity of material(s) involved;

The extent of injuries; and

Possible hazards to human health or the environment outside the
facility.

Sections 264.56(i) and 265.56(i) state that the owner or operator should
notify the Regional Administrator and appropriate State and local
authorities that their facility is in compliance with §§264.56(h) and
265.56(h) before resuming operations in the affected area(s) of the
facility. 

Within 15 days of the incident, owners and operators are required, under
Sections 264.56(j) and 265.56(j) to submit a written report
("owner/operator emergency report") on the incident to the Regional
Administrator.  The report must include the following data items:

Name, address, and telephone number of the owner or operator;

Name, address, and telephone number of the facility;

Date, time, and type of incident;

Name and quantity of material(s) involved;

The extent of injuries;

An assessment of actual or potential hazards to human health or the
environment; and

Estimated quantity and disposition of recovered material that resulted
from the incident.

(ii)	Respondent activities:

In order to comply with the reporting requirements of §264.56(a) (2)
and §265.56(a) (2), owners and operators must perform the following
activities:

Submit the required notification of an imminent or actual emergency
situation to State and/or local authorities.

     In order to comply with the reporting requirements of §264.56(d)
(1) and §265.56(d) (1), owners and operators must perform the following
activities:

Notify local authorities of the owner or operator's recommendation to
evacuate local areas.

     In order to comply with the reporting requirements of §264.56(d)
(2) and §265.56(d) (2), owners and operators must perform the following
activities:

      Notify the on-scene coordinator or the National Response Center of
any release.

      In order to prepare an emergency report under §264.56(d) (2) and
§265.56(d) (2), emergency coordinators must conduct the following
activities:

     Collect the information required in the emergency report; and

     Write the emergency notification report.

In order to prepare an owner/operator's emergency report under
§264.56(j) and §265.56(j), owners and operators must conduct the
following activities:

Read the regulations;

Collect the information required in the emergency report; and

Prepare and submit the emergency report.

In addition to preparing an emergency report, the owner or operator must
notify the Regional Administrator that the facility is in compliance
with §§264.56(h) and 265.56(h) before resuming operations in affected
areas of the facility.  In order to comply with this requirement,
respondents must conduct the following activities:

Compile information that demonstrates that all affected areas are in
compliance; and



Prepare and submit a letter notifying the Regional Administrator of this
compliance.

Sections 264.56 and 265.56 require the owner/operator to note in the
operating record the time, date, and details of any incident that
requires implementing the contingency plan (§§264.56(j) and
265.56(j)).  Respondent activities associated with this requirement are
burdened in the respondent activity section for the operating record
requirements. 

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

(1)	Termination of Compliance Period

(i)	Data item:

Section 264.96(c) extends the compliance period for facilities that are
engaged in corrective action.  Owners and operators of these facilities
must demonstrate, with monitoring data, that the ground-water protection
standard of §264.92 has not been exceeded for a period of three
consecutive years to complete the compliance period.

(ii)	Respondent activities:

In order to comply with section 264.96(c), owners and operators must
perform the following activities:

Read the regulations; and

Prepare the monitoring data and submit it to EPA.

(2)	Sampling Procedures and Intervals

(i)	Data items:

Section 264.97(g) requires owners and operators conducting detection
monitoring and compliance monitoring to determine an appropriate
sampling procedure and interval for each hazardous constituent listed in
the facility permit.  The sampling procedure must include:

A sequence of at least four samples, taken at an interval that assures,
to the greatest extent technically possible, that an independent sample
is obtained, by reference to the uppermost aquifer's effective porosity,
hydraulic conductivity, and hydraulic gradient, and the fate and
transport characteristics of the potential contaminants; or



An alternative sampling procedure proposed by the owner or operators and
approved by EPA.

(ii)	Respondent activities:

In order to comply with section 264.97(g), owners and operators must
perform the following activities:

Read the regulations; and

Develop an appropriate sampling procedure and interval, and submit this
information to EPA for approval.

CLOSURE AND POST-CLOSURE REQUIREMENTS

(1)	Closure Plan								

(i)	Data items:

Sections 264.112(a) and 265.112(a) state that an owner or operator must
have a written closure plan.  The closure plan must include the
following data items:

A description of how each hazardous waste management unit at the
facility will be closed in accordance with §§264.111 and 265.111;

A description of how final closure of the facility will be conducted in
accordance with §§264.111 and 265.111.  The description must identify
the maximum extent of operations which will be unclosed during the
active life of the facility;  

An estimate of the maximum inventory of hazardous wastes ever on-site
over the active life of the facility.  This should include a detailed
description of the methods to be used during partial closures and final
closure such as methods for removing, transporting, treating, storing,
or disposing of all hazardous wastes, and identification of the type(s)
of off-site hazardous waste management units to be used, if applicable;

A detailed description of the steps needed to remove or decontaminate
all hazardous waste residues and contaminated containment system
components, equipment, structures, and soils during partial and final
closure;

A detailed description of other activities necessary during the closure
period to ensure that all partial closures and final closure satisfy the
closure performance standards, including ground-water monitoring,
leachate collection, and run-on and run-off control;

A schedule for closure of each hazardous waste management unit and for
final closure of the facility.  The schedule must include, at a minimum:

--	The total time required to close each hazardous waste

management unit; and 

--	The time required for intervening closure activities which will allow
		tracking of the progress of partial and final closure; and

For facilities that use trust funds to establish financial assurance
under §§264.143 and 265.143, or 264.145 and 265.145, and that are
expected to close prior to the expiration of the permit, an estimate of
the expected year of final closure.

Certain permitted surface impoundments and waste piles from which the
owner or operator intends to remove or decontaminate the hazardous waste
at partial or final closure are required by Sections 264.228(c)(1)(ii)
and 264.258(c)(1)(ii) to have contingent closure plans.  In addition,
owners or operators of tank systems or drip pads that intend to remove
or decontaminate hazardous waste at partial or final closure are
required to submit contingent closure plans as specified in sections
264.197(c)(1) and 265.197(c)(1), and 264.575(c)(1)(i)and
265.445(c)(1)(i), respectively. 

(ii)	Respondent activities:

Since permitted facilities submit the closure plan and contingency
closure plans with the Part B permit application, activities associated
with developing and modifying the closure plan are discussed in the
Hazardous Waste Part B Permit Applications, Special Permits, and Permit
Modifications ICR (#1573).  Prior to submitting a permit application,
interim status facilities must prepare a closure plan.  Therefore,
preparation of and modification to the closure plan for interim status
facilities will be covered in this ICR (#1571).  This ICR will also
include activities associated with the recordkeeping aspects of the
regulations for both permitted and interim status facilities.  

      Maintaining the closure plan at the facility is the only
respondent activity associated with the recordkeeping aspects of this
regulation.  Respondent activities associated with developing a closure
plan include:

      Reading the regulations;

      Conducting an inventory of the hazardous waste present;  

      Recording results of inventory; 

Writing descriptions for the necessary activities;

 Estimating final closure; and 

 Writing the closure schedule. 

(2)	Notification and Amendment of Closure Plan

(i)	 Data items:

Permit modifications for permitted facilities under section 264.112(c)
are included in the Hazardous Waste Part B Permit Applications, Special
Permits, and Permit Modifications ICR (#1573).  Under section
265.112(c), owners or operators of interim status facilities may amend
the closure plan at any time prior to notification of partial or final
closure of the facility.  An owner or operator with an approved closure
plan must submit a written request to EPA to authorize a change in the
approved closure plan.  The owner or operator must amend the closure
plan at least 60 days prior to the proposed change in the facility
design or operation, or no later than 60 days after an unexpected event
has occurred which has affected the closure plan.  An owner or operator
with an approved closure plan must submit the amended plan to EPA.

(ii)	Respondent activities:

Interim status facilities with approved closure plans must prepare and
submit a notification of amendment, amend the plan, and submit the plan
to EPA, pursuant to section 265.112(c).

(3)	Partial Closure and Final Closure Notification

(i)	Data items:

Under Section 264.112(d)(1), owners or operators of permitted facilities
must notify the Regional Administrator of imminent closure intentions. 
Section 265.112(d)(1) requires owners or operators of interim status
facilities with approved closure plans to notify EPA of closure in
writing within a specified period of time before closure of the unit. 
Section 265.112(d)(1) also requires owners or operators of interim
status facilities to submit a closure plan to the Regional Administrator
prior to closure.  In addition, section 265.112(d)(3) requires owners or
operators of interim status facilities to submit the closure plan to the
Regional Administrator no later than 15 days after termination of
interim status.  

(ii)	Respondent activities:

Under section 264.112(d)(1) or 265.112(d)(1) permitted and interim
status facilities must prepare and submit a notification to EPA of
imminent closure.  Interim status facilities also must submit a closure
plan under section 265.112(d)(1) or 265.112(d)(3).

(4)	 Extensions and Allowances During the Closure Period

(i)	Data items:

Under 40 CFR 264.113 and 265.113, owners and operators may prepare
demonstrations in support of certain extensions and allowances during
the closure period.  Sections 264.113(a) and 265.113(a) allow owners and
operators to request an extension for the treatment, storage, or removal
of hazardous waste.  To receive such an extension, the owner or operator
must request a permit modification and demonstrate the following:

Treatment, storage, and removal activities will, of necessity, take
longer than 90 days to complete; or

The hazardous waste management unit or facility has the capacity to
receive additional hazardous or non-hazardous wastes; there is a
likelihood that operations will be recommenced within one year; and
closure of the unit would be incompatible with continued operation of
the site; and

The owner or operator has taken and will continue to take all steps
necessary to prevent threats to human health and the environment,
including compliance with all applicable permit requirements.

Sections 264.113(b) and 265.113(b) allow owners and operators to request
an extension of the closure period.  To receive such an extension, the
owner or operator must request a permit modification and demonstrate the
following:

Partial of final closure activities will, of necessity, take longer than
180 days to complete; or

The hazardous waste management unit or facility has the capacity to
receive additional hazardous or non-hazardous wastes; there is a
reasonable likelihood that operations will be recommenced within one
year; and closure of the unit would be incompatible with continued
operation of the site; and

The owner or operator has taken and will continue to take all steps
necessary to prevent threats to human health and the environment,
including compliance with all applicable permit requirements.

Sections 264.113(d) and 265.113(d) allow owners and operators to request
an allowance to receive only non-hazardous wastes in a landfill, land
treatment, or surface impoundment unit after the final receipt of
hazardous waste.  To receive such an allowance, the owner or operator
must request a permit modification, and include the following
demonstrations and information:

The unit has the existing design capacity as indicated on the part A
application to receive non-hazardous wastes;

There it a reasonable likelihood that operations will be recommenced
within one year after the final receipt of hazardous wastes;

The non-hazardous wastes will not be incompatible with any remaining
wastes in the unit or facility;

Closure of the unit would be incompatible with continued operation of
the site;

The owner or operator is operating and will continue to operate in
compliance with all applicable permit requirements;



The request to modify the permit includes an amended waste analysis
plan, ground-water monitoring and response program, human exposure
assessment, closure and post-closure plans, updated cost estimates and
demonstrations of financial assurance for closure and post-closure care,
and changes in closure activities.

(ii)	Respondent activities:

The burden associated with developing a permit modification for such an
extension or allowance is addressed in the Hazardous Waste Part B Permit
Application, Permit Modifications, and Special Permits ICR (#1573). 
Other respondent activities associated with obtaining an extension or
allowance include the following:

Reading the regulations;

Preparing and submitting the demonstration for an extension for
treatment, storage, or removal of hazardous waste;

Preparing and submitting the demonstration for an extension of the
closure period; and

Preparing and submitting the demonstration for receiving non-hazardous
wastes.

(5)	 Closure Certification

(i)	Data items:

Sections 264.115 and 265.115 require owners or operators to submit to
the Regional Administrator a certification that the unit or facility has
been closed in accordance with the specifications in the approved
closure plan.  Documentation supporting the independent registered
professional engineer's certification must be furnished to the Regional
Administrator upon request before he or she releases the owner or
operator from the financial assurance requirements for closure under
§§264.143(i) and 265.143(h). 

(ii)	Respondent activities:

In order to certify that the unit or facility has been closed in
accordance with the specifications in the approved closure plan,
respondents must perform the following activities: 

Read the regulations;

Have a registered professional engineer inspect the facility; and

Collect documentation to support the certification and submit the
certification.

(6)	Survey Plat

(i)	Data item:

Sections 264.116 and 265.116 require an owner or operator to submit to
the Regional Administrator a survey plat indicating the location and
dimensions of landfill cells or other hazardous waste disposal units
with respect to permanently surveyed benchmarks.  

(ii)	Respondent activities:

In order to comply with §264.116 and §265.116, respondents must have a
professional land surveyor prepare and certify a survey plat, and submit
the plat to the Regional Administrator.

(7)	Post-Closure Plan

(i)	Data items:

Sections 264.118(a) and 265.118(a) state that the owner or operator of a
hazardous waste disposal facility must have a written post-closure plan.
 Surface impoundments and waste piles from which the owner or operator
intends to remove or decontaminate the hazardous waste at partial or
final closure are required by §§264.228(c)(1)(ii) and
264.258(c)(1)(ii) to have contingent post-closure plans submitted with
the Part B permit application.  In addition, owners or operators of tank
systems or drip pads that intend to remove or decontaminate the
hazardous waste at partial or final closure are required to submit a
contingent post-closure plan, as specified in sections 264.197(c)(2) and
265.197(c)(2), and 264.575(c)(1)(ii) and 265.445(c)(1)(ii),
respectively.  Section 265.118 requires owners or operators to maintain
a copy of the post-closure plan at the facility.  

Data items included in the post-closure plan are listed below:

A description of the facility's monitoring activities and frequencies at
which they will be performed to comply with Subparts F, K, L, M, N, and
X during the post-closure care period;

A description of the planned maintenance activities, and frequencies at
which they will be performed;

The name, address, and phone number of the person or office to contact
about the hazardous waste disposal unit or facility during the
post-closure care period; and

A copy of the approved post-closure plan, to be provided to the Regional
Administrator upon request, until final closure of the facility.

(ii)	Respondent activities:

Since permitted facilities submit post-closure and contingent
post-closure plans with the Part B permit application, activities
associated with developing these post-closure plans are discussed in the
Hazardous Waste Part B Permit Applications, Special Permits, and Permit
Modifications ICR (#1573).  Prior to submitting a permit, interim status
facilities must develop a post-closure plan.  Therefore, preparation of
these plans for interim status facilities will be covered in this ICR
(#1571).  This ICR will also focus on activities associated with the
recordkeeping aspects of the regulations for both permitted and interim
status facilities.  

Section 265.118(e) requires an interim status facility owner or operator
to submit a post-closure plan to the Regional Administrator no later
than 15 days after termination of interim status, except when a permit
is issued simultaneously with termination of interim status, or the
facility is issued a judicial decree or final order under §3008 of RCRA
to cease receiving hazardous wastes or close.  If the Regional
Administrator does not approve the plan, the owner or operator must
modify the plan or submit a new plan for approval.

In order to comply with the post-closure plan requirements, respondents
must perform the following activities:

Read the regulations; 

Collect the necessary information; 

Prepare and submit the post-closure plan or contingent post-closure
plan, if applicable (new interim status facilities only); and

Maintain the plan.  

(8)	Notification and Amendment of Post-Closure Plan Under
265.118(d)(1)-(3)

(i)	Data items:

Section 265.118(d)(1)-(3) requires owners or operators of interim status
facilities to submit written requests to authorize changes to approved
post closure plans, and requires submittal of modified plans to the
Regional Administrator.  Under section 264.118(d)(1)-(3), permitted
facilities must request permit modifications to authorize and make
changes to approved post-closure plans.  Such permit modifications are
included in ICR #1573.

(ii)	Respondent activities:

Interim status facilities must:

Prepare a notification of amendment; 

Amend the plan; and 

Submit these data items to EPA, as required by section
265.118(d)(1)-(3).

(9)	Amendment of Post-Closure Plan Under 265.118(d)(4), (f), and (g)(1)

(i)	Data items:

Under 40 CFR 265.118(d)(4), if the Regional Administrator determines
that an owner or operator of a surface impoundment or waste pile who
intended to remove all hazardous wastes at closure must close the
facility as a landfill, the owner or operator must submit to the
Regional Administrator within 90 days of the determination a
post-closure plan for approval.  If the Regional Administrator requests
modifications to the plan, the owner or operator must submit the
modified plan no later than 60 days after the Regional Administrator's
request or no later than 90 days if the unit is a surface impoundment or
waste pile not previously required to prepare a contingent closure plan.

Under section 265.118(f), if the Regional Administrator does not approve
the plan, he or she must provide the owner or operator with a detailed
written statement of reasons for the refusal.  The owner or operator
must modify the plan or submit a new plan within 30 days after receiving
such written statement.

Under section 265.118(g)(1), the owner or operator may prepare and
submit a petition to the Regional Administrator to extend or reduce the
post-closure period applicable to a hazardous waste management unit or
facility, or to alter the requirements of the post-closure care period.

(ii)	Respondent activities:

In order to comply with sections 265.118(d)(4) and 265.118(f),
respondents must perform the following activities:

Prepare an amended post-closure plan; 

Submit the amended plan to EPA; and

Modify and resubmit plan, if not approved by EPA

In order to obtain an extension or reduction of the post-closure period,
per section 265.118(g)(1), respondents must prepare a petition and
submit it to EPA.  (Permitted facilities are covered in the Hazardous
Waste Part B Permit Applications, Specific Permits and Permit
Modifications ICR, #1573.)

(10)	Hazardous Waste Disposal Records

(i)	Data items:

Sections 264.119(a) and 265.119(a) require owners or operators to submit
to the local zoning authority, or to the authority with jurisdiction
over local land use, and to the Regional Administrator a record of the
type, location, and quantity of hazardous wastes disposed of within each
cell or other disposal unit of the facility.  

(ii)	Respondent activities:

In order to comply with sections 264.119(a) and 265.119(a), respondents
must perform the following activities:

Determine the specifications of the hazardous waste activity; and 

Establish, submit, and maintain (i.e., photocopying and filing) a record
of the activity.

(11)	Hazardous Waste Notation Certification 

(i)	Data items:

Sections 264.119(b)(2) and 265.119(b)(2) require owners or operators to
submit to the Regional Administrator a signed certification that they
have recorded the notation required in §§264.119(b)(1) and
265.119(b)(1), including a copy of the document in which the notation
has been placed.

(ii)	Respondent activities:

In order to comply with sections 264.119(b)(2) and 265.119(b)(2),
respondents must record the notation on the deed, and develop and submit
the certification to the Regional Administrator.

(12)	Post-Closure Permit Modification 

(i)	Data items:

Sections 264.119(c) and 265.119(c) state that if an owner wishes to
remove hazardous wastes and residues, liners, or contaminated soils, he
or she must request a modification to the post-closure permit and
demonstrate that removal of hazardous waste will satisfy the criteria of
§§264.117(c) and 265.118(g).  For permitted facilities, the
modification will be done through the permit modification process and
will be covered by the Hazardous Waste Part B Permit Applications,
Special Permits, and Permit Modifications ICR (#1573).

(ii)	Respondent activities:

Respondent activities associated with modification of the post-closure
permit include:

Reading the regulations;

Preparing a request for modification; and 

Demonstrating compliance through a written document or some other form
of notification.

(13)	Post-Closure Care Certification 

(i)	Data items:

Sections 264.120 and 265.120 state that owners or operators must submit
to the Regional Administrator a certification that the post-closure care
period for the facility was performed in accordance with the
specifications in the approved closure plan.  Documentation supporting
the independent registered professional engineer's certification must be
furnished to the Regional Administrator upon request before he or she
releases the owner from the financial assurance requirements for closure
under §§264.145(i) and 265.145(h).

(ii)	Respondent activities:

Respondent activities associated with certifying completion of
post-closure care include:

Reading the regulations;

Obtaining certification of compliance from an independent registered
professional engineer;

Maintaining a copy of the certification; and 

Submitting the necessary documentation to the Regional Administrator as
required.

FINANCIAL REQUIREMENTS

(1)	Financial Responsibility for Corrective Action

(i)	Data item:

Sections 264.101(b) and 264.101(c) require owners and operators of
facilities containing solid waste management units (SWMUs) to institute
corrective action as necessary, and to provide assurances of financial
responsibility for completing such corrective action.  This assurance
must contain the documented assurances of financial responsibility in
the permit for the means of corrective action chosen.

(ii)	Respondent activity:

         In order to comply with sections 264.101(b) and 264.101(c),
respondents must prepare and submit to the Regional Administrator, with
the permit, documented assurances of financial responsibility for the
corrective action chosen to be implemented.

(2)	Cost Estimates for Closure and Post-Closure Care

(i)	Data items

Sections 264.142, 265.142, 264.144, and 265.144 require owners and
operators to maintain a detailed written estimate of the cost of
facility closure or post-closure care, in accordance with the
requirements specified in §§264.142(a), 265.142(a), 264.144(a), and
265.144(a), respectively.  Section 264.144 only applies to owners or
operators of disposal surface impoundments, disposal miscellaneous
units, land treatment units, or landfill units, or owners or operators
of surface impoundments or waste piles required to prepare contingency
closure and post-closure plans, while Section 265.144 applies to owners
or operators of interim status hazardous waste disposal units.  These
estimates must include the following data items:

A written estimate containing:

--	The costs of final closure at the point in the facility's active life

when the extent and manner of its operation would make closure the most
expensive, as indicated by its closure plan (§§264.142(a)(1) and
265.142(a)(1)); or

--	The annual cost of post-closure monitoring and maintenance of the

facility in accordance with the applicable post-closure regulations
specified in §§264.144(a) and 265.144(a);

Estimates of the following cost, as required under §264.258(c)(2) for
waste piles only:

--	The cost of complying with the contingent closure plan or the 

contingent post-closure plan, but not the cost of expected closure under
§264.258(c)(2);

Estimates of the following cost, as required under §§264.197(c)(3) and
265.197(c)(3) for tank systems only: 

--	The cost of complying with the contingent closure plan and the

contingent post-closure plan, if those costs are greater than the costs
of complying with the closure plan prepared for the expected closure
under §§264.197(a) and 265.197(a).

Estimates of the following cost, as required under §264.228(c)(2) for
surface impoundments, §§264.575(c)(2) and 265.445(c)(2) for drip pads,
and §264.258(c)(2) for waste piles:

--	The cost of complying with the contingent closure plan and the

contingent post-closure plan, but not the cost of expected closure under
§§264.228(a) for surface impoundments, 264.575(a) or 265.445(a) for
drip pads, and 264.258(a) for waste piles.

Costs to owners or operators of hiring a third party to conduct closure
or post-closure care at the facility;

An adjustment of the closure or post-closure cost estimate for inflation
within sixty days of the anniversary date of the establishment of the
financial instrument(s) used to assure financial responsibility for
closure (thirty days in the case of owners or operators using the
financial test or corporate guarantee)(§§264.142(b), 265.142(b),
264.144(b), and 265.144(b)); and

A revision of the closure or post-closure cost estimate no later than
thirty days after a modification has been made to the closure or
post-closure plan which increases the closure or post-closure cost
(§§264.142(c), 265.142(c), 264.144(c), and 265.144(c)).

(ii)	Respondent activities:

Owners and operators will need to engage in several activities in order
to collect and maintain the data required by §§264.142, 265.142,
264.144, and 265.144:

Reading the regulations;

Collecting data;

Preparing the written cost estimate;

Periodically adjusting the cost estimate to include inflation and/or
revisions to the closure or post-closure plan; and

Maintaining at the facility the latest closure or post-closure cost
estimate and any subsequent adjustments.

(3)	Financial Assurance for Closure and Post-Closure Care 

Owners or operators are required to establish and provide evidence of
financial assurance for facility closure (§§264.143 and 265.143) and
post-closure care (§§264.145 and 265.145).  Several financial
instruments are described throughout these sections for the purpose of
establishing financial assurance:

(a)	Closure or Post-Closure Trust Fund

(i)	Data items:

Sections 264.143(a), 265.143(a), 264.145(a), and 265.145(a) explain that
owners or operators may establish a closure or post-closure trust fund
in order to comply with §§264.143, 265.143, 264.145, and 265.145
requirements.  Data items for establishing and providing evidence of a
closure or post-closure trust fund include:

A trust agreement in compliance with §§264.143(a)(2)-(8) and (10),
265.143(a)(2)-(8) and (10), 264.145(a)(2)-(8) and (11), and
265.145(a)(2)-(8) and (11); and

For post-closure trust funds, a formal certification of acknowledgment
(§§264.145(a)(2) and 265.145(a)(2)). 

(ii)	Respondent activities:

Owners and operators establishing a trust fund in order to comply with
the closure and post-closure financial assurance requirements of
sections 264.143, 265.143, 264.145, and 265.145 will need to engage in
the following respondent activities:

Reading the regulations;

Establishing a closure or post-closure trust fund, in compliance with
§§264.143(a)(2)-(8) and (10), 265.143(a)(2)-(8) and (10),
264.145(a)(2)-(8) and (11), and 265.145(a)(2)-(8) and (11);

Submitting an originally signed duplicate of the trust agreement to the
EPA Regional Administrator (owners or operators of new facilities must
submit this at least sixty days prior to receiving hazardous waste for
treatment, storage, or disposal);

Submitting the formal certification of acknowledgment required for
post-closure trust funds; and

For owners and operators of new facilities, submitting a receipt for the
first payment under the trust agreement before the initial receipt of
hazardous wastes.

(b)	Surety Bond Guaranteeing Payment into a Closure or Post-Closure
Trust Fund

(i)	Data items:

Sections 264.143(b), 265.143(b), 264.145(b), and 265.145(b) allow owners
and operators to establish surety bonds in order to comply with the
financial assurance requirements of Sections 264.143, 265.143, 264.145,
and 265.145.  Establishing surety bonds that guarantee payment into a
closure or post-closure trust fund will entail the collection of the
following data items:

A surety bond and trust agreement indicating the conditions of payment
into the closure or post-closure standby trust fund specified in
§§264.143(b)(2)-(6) and (8), 265.143(b)(2)-(6) and (8),
264.145(b)(2)-(6) and (8), and 265.145(b)(2)-(6) and (8); and

Evidence of an increase or decrease in the closure or post-closure cost
estimate that may require the penal sum of the surety bond to be
increased or decreased accordingly (§§264.143(b)(7), 265.143(b)(7),
264.145(b)(7), and 265.145(b)(7)).



(ii)	Respondent activities:

In collecting these data items, owners and operators will need to engage
in the following respondent activities:

Reading the regulations;

Establishing a surety bond and trust agreement that comply with the
financial assurance requirements of §§264.143, 265.143, 264.145, and
265.145;

Submitting originally signed duplicates of the surety bond and trust
agreement to the Regional Administrator (for new facilities, these must
be submitted at least sixty days before receiving hazardous waste for
disposal);

Submitting evidence of and obtaining approval from the Regional
Administrator for alternate financial assurance mechanisms, in the case
of cancellation of the bond by the surety;

Increasing the penal sum amount, in the case of an corresponding
increase in the closure or post-closure cost estimate; and

Submitting evidence of such an increase in the closure or post-closure
cost estimate to the Regional Administrator.

(c)	Surety Bond Guaranteeing Performance of Closure or Post-Closure Care

 

(i)	Data items:

Sections 264.143(c) and 264.145(c) allow owners or operators of
permitted facilities to comply with §§264.143 and 264.145 requirements
by obtaining a surety bond that guarantees performance of closure or
post-closure care.  Data items for this option include:

A surety bond and trust agreement indicating the conditions of payment
into the standby trust fund specified in §§264.143(c)(2)-(6) and (8)
and 264.145(c)(2)-(6) and (9); and

Evidence of an increase in the closure or post-closure cost estimate
that may require the penal sum of the surety bond to be increased or
decreased accordingly (§§264.143(c)(7) and 264.145(c)(7)).

(ii)	Respondent activities:

In collecting these data items, owners and operators will need to engage
in the following respondent activities:

Reading the regulations;

Obtaining a surety bond and trust agreement that comply with the
financial assurance requirements of §§264.143 and 264.145;

Submitting originally signed duplicates of the surety bond and trust
agreement to the Regional Administrator (for new facilities, these must
be submitted at least sixty days prior to receiving hazardous wastes for
disposal);

Submitting evidence of and obtaining approval from the Regional
Administrator for alternate financial assurance mechanisms, in the case
of cancellation of the bond by the surety;

Increasing the penal sum amount, in the case of a corresponding increase
in the closure or post-closure cost estimate; and

Submitting evidence of such an increase in the closure or post-closure
cost estimate to the Regional Administrator.

(d)	Closure or Post-Closure Letter of Credit

(i)	Data items:

Sections 264.143(d), 265.143(c), 264.145(d), and 265.145(c) specify that
owners or operators may obtain an irrevocable standby letter of credit
in order to satisfy financial assurance requirements.  Data items for
this information collection include:

A  letter of credit from an issuing institution authorized to issue
letters of credit and whose letter-of-credit operations are regulated
and examined by a Federal or State agency;

A trust agreement indicating the conditions of payment into the standby
trust fund specified in §§264.143(d)(2)-(4) and (6), 265.143(c)(2)-(4)
and (6), 264.145(d)(2)-(6), and 265.145(c)(2)-(6);

Notification from the issuing institution to the owner/operator and EPA
of a decision not to extend the expiration date mailed at least 120 days
before the current expiration date of the letter of credit
(§§264.143(d)(5) and 265.143(c)(5));

A letter (to accompany the letter of credit) from the owner or operator
providing the following information:

--	The number, issuing institution, and date of the letter of credit;

--	The EPA identification number, name, and address of the facility; 	
and

--	The amount of funds assured for closure of or post-closure care for 	
the facility by the letter of credit; and

Evidence of an increase in the closure or post-closure cost estimate
that may require the amount of credit to be increased accordingly
(§§264.143(d)(7), 265.143(c)(7), 264.145(d)(7), and 265.145(c)(7)).

(ii)	Respondent activities:

Owners or operators will need to engage in the following activities in
order to satisfy the financial assurance requirements with a closure or
post-closure letter of credit:

Reading the regulations;

Obtaining a letter of credit from an issuing institution and
establishing the stand-by trust fund;

Writing a letter from the owner or operator to accompany the letter of
credit;

Submitting the following documents to the Regional Administrator:

--	The letter of credit (in the case of new permitted facilities, this
must be 	submitted at least sixty days prior to receiving hazardous
waste for 		treatment, storage, or disposal, pursuant to
§§264.143(d)(1) and 		264.145(d)(1));

--	The accompanying letter from the owner or operator; and

--	An originally signed duplicate of the trust agreement;

Increasing the amount of the letter of credit, in the case of
corresponding increase in the closure or post-closure cost estimate; and

Submitting evidence of such an increase in the closure or post-closure
cost estimate to the Regional Administrator.

(e)	Closure or Post-Closure Insurance

(i)	Data items:

Owners or operators may satisfy the financial assurance requirements for
closure or post-closure care by establishing closure or post-closure
insurance according to §§264.143(e), 265.143(d), 264.145(e), and
265.145(d).  Data items for this information collection include:

A closure or post-closure insurance policy (identified by a certificate
of insurance) that meets the requirements specified in
§§264.143(e)(1)-(4) and (8), 265.143(d)(1)-(4) and (8),
264.145(e)(1)-(5) and (8), or 265.145(d)(1)-(5) and (8);

In the case of some interim status facilities, a letter from an insurer
stating that an owner or operator is being considered for a closure
insurance policy (§§265.143(d)(1) and 265.145(d)(1)); and

Evidence of an increase in the closure or post-closure cost estimate
that may require the face amount of the insurance policy to be increased
accordingly (§§264.143(e)(7), 265.143(d)(7), 264.145(e)(7), and
265.145(d)(7)).

(ii)	Respondent activities:

Collecting this data will entail the following respondent activities:

Reading the regulations;

Obtaining a closure or post-closure insurance policy that satisfies the
requirements of §§264.143, 265.143, 264.145, or 265.145;

Submitting a certificate of this insurance policy to the Regional
Administrator (for new facilities, this must be submitted at least sixty
days prior to receiving hazardous wastes for treatment, storage, or
disposal);

In the case of some interim status facilities, submitting a letter from
an insurer stating that the insurer is considering issuance of an
insurance certificate (in this case, owners or operators must submit the
certificate of insurance within ninety days of the effective date of
these regulations); and

Submitting evidence of an increase in the current closure or
post-closure cost estimate that may require the face amount of the
insurance policy to be modified accordingly. 

(f)	Financial Test and Corporate Guarantee for Closure or 

Post-Closure Care

(i)	Data items:

Sections 264.143(f), 265.143(e), 264.145(f), and 265.145(e) allow owners
and operators to satisfy closure or post-closure financial assurance
requirements by demonstrating financial strength using the financial
test specified in these sections.  Data items for this demonstration
include:

A letter signed by the owner's or operator's chief financial officer and
worded as specified in §264.151(f);

A copy of an independent certified public accountant's report on
examination of the owner's or operator's financial statements for the
latest completed fiscal year;

A special report from the owner's or operator's independent certified
public accountant to the owner or operator covering the specifications
outlined in §§264.143(f)(3)(iii), 265.143(e)(3)(iii),
264.145(f)(3)(iii), or 265.145(e)(3)(iii);

If an extension of submission of the above documents is sought, a letter
from the owner's or operator's chief financial officer to the Regional
Administrator of each Region in which facilities to be covered under the
financial test are located.  This letter, allowed only under
§§265.143(e)(4) and 265.145(e)(4), must contain the following data
items:

--	A request for the extension;

--	A certification that the chief financial officer believes that the
owner 		or operator meets the criteria of the financial test;

--	For each facility to be covered by the test, the EPA identification 	
number, name, address, and current closure and post-closure cost 	
estimates to be covered by the test;

--	A specification of the date (no later than ninety days after the end 
	of such fiscal year) when the owner or operator will submit the 		
documents specified in §§265.143(e)(3) and 265.145(e)(3); and

--	A certification that the year-end financial statements of the owner 	
or operator for such fiscal year will be audited by an independent 	
certified public accountant;

Annual updates of the above data items;

A notice of intent to establish alternative financial assurance, if the
owner or operator fails the financial test and no longer meets the
requirements of §§264.143(f)(1), 265.143(e)(1), 264.145(f)(1), or
265.145(e)(1);

Reports of financial conditions as required by the Regional
Administrator (§§264.143(f)(7), 265.143(e)(7), 264.145(f)(7), and
265.145(e)(7));

If applicable, a written guarantee from the parent corporation of the
owner or operator that satisfies financial assurance requirements
(§§264.143(f)(10), 265.143(e)(10), 264.145(f)(10), or 265.145(e)(10));
and

Notification from the insurer to the owner/operator and EPA of a
decision to cancel, terminate, or fail to renew the policy
(§§264.145(f)(11)(ii) and 265.143(e)(11)(ii)).

(ii)	Respondent activities:

Owners or operators will need to engage in the following respondent
activities in order to collect the data required by these sections:

Reading the regulations;

Writing the letter signed by the chief financial officer;

Submitting the following documents to the Regional Administrator (for
new facilities, these documents must be submitted at least sixty days
prior to receiving hazardous waste for treatment, storage, or disposal):

--	The letter signed by the chief financial officer;

--	A copy of the independent certified public accountant's report; and

--	The special report from the independent certified public 								
accountant;

Submitting updated information annually;

If applicable, writing and submitting a notice, by certified mail, to
the Regional Administrator of intent to establish other financial
assurance;

Writing and submitting additional reports of financial condition at any
time, as directed by the Regional Administrator; and

If applicable, submitting the corporate guarantee from the parent
corporation of the owner or operator.

(g)	Use of a Financial Mechanism for Multiple Facilities

(i)	Data items:

Sections 264.143(h), 265.143(g), 264.145(h), and 265.145(g) specify that
owners or operators may use one of the above financial assurance
mechanisms to meet the requirements of §§264.143, 265.143, 264.145, or
265.145 for more than one facility.  In such cases, the owner and
operator must provide the following data items for each facility:

EPA identification number, name, and address; and

The amount of funds for closure or post-closure care assured by the
mechanism.

(ii)	Respondent activities:

To comply with the requirements of these sections, owners and operators
will need to engage in the following activities:

Reading the regulations;

Submitting the data items listed above to the Regional Administrator;
and

If the facilities covered by the mechanism are located in more than one
Region, submitting identical evidence of financial assurance to all the
applicable Regional Administrators.

(4)	Liability Requirements

(a)	Coverage for Sudden or Nonsudden Accidental Occurrences

Data items:

Sections 264.147(a) and 265.147(a) specify that owners and operators of
hazardous waste treatment, storage, and disposal facilities must
demonstrate financial responsibility for bodily injury and property
damage to third parties caused by sudden accidental occurrences arising
from operations of the facility or group of facilities.  Similarly,
§§264.147(b) and 265.147(b) require owners or operators of surface
impoundments, landfills, land treatment facilities managing hazardous
wastes, or combinations of such facilities to demonstrate financial
responsibility for bodily injury and property damage to third parties
caused by nonsudden accidental occurrences arising from facilities'
operations.  In order to comply with these sections, owners or operators
will need to gather the following data items:

Liability coverage demonstrated by one of the following documents (data
items for these documents are described in full in the following
sections):

--	A liability insurance policy (§§264.147(a)(1), 265.147(a)(1), 					
	264.147(b)(1), or 265.147(b)(1)), accompanied by a signed duplicate 			
		original of a Hazardous Waste Facility Liability Endorsement or a

				Certificate of Liability Insurance (§§264.147(a)(1) and
264.147(b)(1) 						only);

 --	Written evidence of passing a financial test or a written

guarantee for liability coverage from the owner's or operator's parent
corporation, a firm whose parent corporation is the parent corporation
of the owner or operator, or a firm with a "substantial business
relationship" with the owner or operator (§§264.147(a)(2),
265.147(a)(2), 264.147(b)(2), and 265.147(b)(2));

--	A letter of credit for liability coverage (§§264.147(a)(3), 

265.147(a)(3), 264.147(b)(3), and 265.147(b)(3));

--	A surety bond for liability coverage (§§264.147(a)(4), 

265.147(a)(4), 264.147(b)(4), and 265.147(b)(4));

--	A trust fund for liability coverage (§§264.147(a)(5),
265.147(a)(5), 	

264.147(b)(5), and 265.147(b)(5)); or

--	A combination of insurance, financial test, guarantee, letter of

credit, surety bond, and trust fund (§§264.147(a)(6), 265.147(a)(6),
264.147(b)(6), and 265.147(b)(6));

A written notification to the Regional Administrator whenever a claim or
verification of a valid claim for bodily injury or property damages
caused by the operation of a hazardous waste treatment, storage, or
disposal facility is made against the owner or operator
(§§264.147(a)(7), 265.147(a)(7), 264.147(b)(7), and 265.147(b)(7));
and

A written notification to the Regional Administrator whenever the amount
of financial assurance for liability coverage under one of the
above-mentioned instruments is reduced, contingent on a claim or
verification of a valid claim (§§264.147(a)(7), 265.147(a)(7),
264.147(b)(7), and 265.147(b)(7)).

	(ii)	Respondent activities:

Owners or operator will need to engage in the following activities in
order to comply with the information collection requirements of
§§264.147(a) and (b), and 265.147(a) and (b):

Read the regulations;

Establish liability coverage using one of the financial instruments
listed above;

Submit appropriate evidence of such financial instruments to the
Regional Administrator (in the case of new facilities establishing
liability insurance, this must be submitted at least sixty days before
receiving hazardous wastes for treatment, storage, or disposal,
according to §§264.147(a)(1)(i) and 265.147(b)(1)(i));

Prepare, write, and submit a notification to the Regional Administrator
whenever a claim for bodily injury is made against the owner or
operator; and

Prepare, write, and submit a notification to the Regional Administrator
whenever the amount of financial assurance for liability coverage is
reduced. 

Submission of the two notifications listed immediately above will only
occur in the event of a claim; therefore, if no accidental releases
occur, owners or operators may never need to submit these notifications.

(b)	Liability Insurance

(i)	Data item:

Sections 264.147(a)(1), 264.147(b)(1), 265.147(a)(1), and 265.147(b)(1)
require owners or operators to submit a duplicate of the endorsement or
certificate of insurance, and, if requested by the Regional
Administrator, a duplicate of the insurance policy.

(ii)	Respondent activities:

Owners or operators will need to engage in the following activities to
complete the requirements for this option:

Reading the regulations;

Obtaining an insurance policy amended by attachment of the Hazardous
Waste Facility Liability Endorsement or evidenced by a Certificate of
Liability Insurance and meeting other specifications outlined in
§§264.147(a)(1), 264.147(b)(1), 265.147(a)(1), or 265.147(b)(1); 

Submitting a signed duplicate original of the endorsement or the
certificate of insurance to the Regional Administrator, or Regional
Administrators if the facilities are located in more than one Region;
and

If requested by the Regional Administrator, submitting a signed
duplicate original of the insurance policy (for new facilities this must
be submitted at least sixty days before receiving hazardous waste for
treatment, storage, or disposal). 

(c)	Variance of Financial Responsibility Regulations

(i)	Data item:

Section 265.147(c) provides for a variance from the financial
responsibility requirements if the owner or operator can demonstrate
that the required levels of financial responsibility are not consistent
with the degree and duration of risk associated with treatment, storage,
or disposal at the facility.  The request for a variance must be
submitted in writing to EPA, and may include technical and engineering
information that is deemed necessary by the Regional Administrator.

	(ii)	Respondent Activity:

Owners and operators that wish to apply for a variance must prepare and
submit information in support of the variance.

	(d)	Financial Test for Liability Coverage

(i)	Data items:

Sections 264.147(f) and 265.147(f) allow owners or operators to satisfy
liability requirements by passing a financial test.  Data items for
these sections include:

A letter signed by the owner's or operator's chief financial officer and
worded as specified in §264.151(g); if the financial test is also being
used to demonstrate closure or post-closure financial assurance, the
letter specified in §264.151(g) must be submitted to cover both forms
of financial responsibility;

A copy of an independent certified public accountant's report on
examination of the owner's or operator's financial statements for the
latest completed fiscal year;

A special report from the owner's or operator's independent certified
public accountant to the owner or operator covering the specifications
outlined in §§264.147(f)(3)(iii) and 265.147(f)(3)(iii);

If an extension of submission of the above documents is sought, a letter
from the owner's or operator's chief financial officer to the Regional
Administrator of each Region in which facilities to be covered under the
financial test are located.  This letter, allowed only under
§265.147(f)(4), must contain the following data items:

--	A request for the extension;

--	A certification that the chief financial officer believes that the
owner

or operator meets the criteria of the financial test;

--	For each facility to be covered by the test, the EPA identification

number, name, address, and current closure and post-closure cost
estimates to be covered by the test;

--	A specification of the date (no later than ninety days after the end

of such fiscal year) when the owner or operator will submit the
documents specified in §§265.147(f)(3); and

--	A certification that the year-end financial statements of the owner 

or operator for such fiscal year will be audited by an independent
certified public accountant;

Annual updates of the above data items; and

Should the owner or operator fail the test and no longer meet the
requirements of §§264.147(f)(1) or 265.147(f)(1), evidence of
insurance obtained for the entire amount of required liability coverage
specified in §§264.147 and 265.147.

(ii)	Respondent activities:

Owners or operators will need to engage in the following respondent
activities in order to collect the data required by these sections:

Reading the regulations;

Writing the letter signed by the chief financial officer;

Submitting the following documents to the Regional Administrator (for
new facilities, these documents must be submitted at least sixty days
prior to receiving hazardous waste for treatment, storage, or disposal):

--	The letter signed by the chief financial officer;

--	A copy of an independent certified public accountant's report; and

--	The special report from an independent certified public accountant;

Submitting updated information annually; and

Should the owner or operator fail the test and no longer meet
§§264.147 or 265.147 requirements, submitting evidence to the Regional
Administrator of insurance obtained for the entire amount of required
liability coverage specified in these sections. 

(e)	Guarantee for Liability Coverage

(i)	Data items:

Sections 264.147(g) and 265.147(g) allow owners or operators to meet
liability requirements by obtaining a written guarantee, under the
conditions specified in §§264.147(g)(2) and 265.147(g)(2).  Data items
for this option include:

A certified copy of a written guarantee from the direct or higher-tier
parent corporation of the owner or operator, a firm whose parent
corporation is the parent corporation of the owner or operator, or a
firm with a "substantial business relationship" with the owner or
operator;

In the case of corporations incorporated in the United States, a written
statement from applicable Attorney(s) General or Insurance Commissioners
 to EPA indicating that a guarantee executed as described in the
regulations is a legally valid and enforceable obligation in that State
(§§264.147(g)(2) and 265.147(g)(2));

In the case of corporations incorporated outside the United States,
identification by the non-U.S. corporation of a registered agent for
service of process in each State in which the facility covered by the
guarantee is located and in the State in which it has its principal
place of business, and a written statement from applicable Attorney(s)
General or Insurance Commissioner of each applicable State indicating
that a guarantee executed as described in the regulations is a legally
valid and enforceable obligation in that State (§§264.147(g)(2) and
265.147(g)(2)); and

A letter from the guarantor's chief financial officer as specified in
§§264.147(f)(3) and 265.147(f)(3) that demonstrates that the guarantor
has passed the financial test.

(ii)	Respondent activities:

Owners or operators will need to engage in the following respondent
activities in order to collect the data required by these sections:

Reading the regulations;

Obtaining a written guarantee from the direct or higher-tier parent
corporation of the owner or operator, a firm whose parent corporation is
the parent corporation of the owner or operator, or a firm with a
"substantial business relationship" with the owner or operator;

Submitting a certified copy of this written guarantee to the Regional
Administrator along with the items specified in §§264.147(f)(3) and
265.147(f)(3); and

Submitting a letter from the guarantor's chief financial officer as
specified in §§264.147(f)(3) and 265.147(f)(3) that demonstrates that
the guarantor has passed the financial test.

(f)	Letter of Credit for Liability Coverage

(i)	Data items:

Sections 264.147(h) and 265.147(h) allow owners or operators to satisfy
financial requirements for liability by obtaining the following data
item:

An irrevocable standby letter of credit that conforms to applicable
requirements and is submitted from a financial institution with the
authority to issue letters of credit, whose letter of credit operations
are regulated and examined by a Federal or State agency, and whose
letters of credit meet the requirements of §264.147(h).

(ii)	Respondent activities:

Owners or operators using this option to satisfy financial assurance for
liability will need to engage in the following activities:

Reading the regulations;

Obtaining the standby letter of credit described above; and

Submitting a copy of this letter of credit to the Regional
Administrator.

(g)	Surety Bond for Liability Coverage

(i)	Data item:

Sections 264.147(i) and 265.147(i) allow owners or operators to satisfy
financial requirements for liability.  Under sections 264.147(i)(4) and
265.147(i)(4), a surety bond may be used to satisfy the requirements of
this section only if the applicable Attorneys General or Insurance
Commissioners have submitted a written statement to EPA that a surety
bond executed as described in the regulations is a legally valid and
enforceable obligation in that State.  The owner/operator must obtain a
surety bond (and other information, where applicable) that conforms to
the requirements specified in §§264.147(i) and 265.147(i).

(ii)	Respondent activities:

Owners or operators using this option to satisfy financial assurance for
liability will need to engage in the following activities:

Reading the regulations;

Obtaining the surety bond described above; and

Submitting a copy of this surety bond to the Regional Administrator.

(h)	Trust Fund for Liability Coverage

(i)	Data item:

Sections 264.147(j) and 265.147(j) allow owners or operators to satisfy
financial requirements for liability by establishing a trust fund that
conforms to the requirements specified in §§264.147(j) and 265.147(j).

(ii)	Respondent activities:

Owners or operators using this option to satisfy financial assurance for
liability will need to engage in the following activities:

Reading the regulations;

Establishing the trust fund described above; and

Submitting an originally signed duplicate of the trust agreement to the
Regional Administrator.

(i)	Adjustments by the Regional Administrator

(i)	Data items:

Sections 264.147(d) and 265.147(d) allow Regional Administrators to
adjust the level of financial responsibility required under §§264.147
and 265.147 in order to protect human health and the environment. 
Respondents will need to furnish the following data items should
Regional Administrators make such a determination:

Any information which the Regional Administrator requests to determine
whether cause exists for such adjustments of level or type of coverage;
and

If the Regional Administrator decides to adjust the level or type of
coverage, the data elements necessary for a permit modification
(detailed in ICR #1573).

(ii)	Respondent activities:

Owners or operators will need to engage in the following activities in
order to satisfy the information collection requirements of this
section:

Reading the regulations;

Submitting to the Regional Administrator any requested information; and

Preparing, writing, and submitting a permit modification if the Regional
Administrator decides to adjust level or type of coverage (specific
respondent activities for permit modifications are detailed in ICR
#1573).

(5)	Incapacity of Owners or Operators, Guarantors, or Financial
Institutions

(i)	Data item:

Sections 264.148 and 265.148 require owners or operators to submit, if
applicable, a notification of the commencement of a voluntary or
involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming
the owner or operator as debtor (if the guarantor is named as the
debtor, the collection of this data is the guarantor's responsibility).

(ii)	Respondent activities:

Activities for this data collection will include:

Reading the regulations; and

Submitting, by certified mail, a notice to the Regional Administrator
indicating the commencement of bankruptcy proceedings in which the owner
or operator or guarantor is named as debtor.

(6)	Use of State-Required Mechanisms

(i)	Data items:

Sections 264.149 and 265.149 allow owners or operators to use
State-required financial assurance mechanisms to meet §§264.143,
264.145, 264.147, 265.143, 265.145, or 265.147 requirements.  Data items
for this option include:

A letter from the owner or operator requesting that the State-required
mechanism be considered acceptable for meeting the requirements of this
subpart; 

Evidence of the establishment of a State-required mechanism, including
the following information:

--	The facility's EPA identification number, name, and address; and

--	The amount of funds for closure or post-closure care or liability

coverage assured by the mechanism; and

Any additional information required by the Regional Administrator in
order to make the determination.

(ii)	Respondent activities:

Activities for this data collection will include:

Reading the regulations; and

Submitting to the Regional Administrator:

--	The letter from the owner or operator;		

--	Written evidence of the establishment of a State-required financial

assurance mechanism; and 

--	Any additional information requested by the Regional 

Administrator.

(7)	State Assumption of Responsibility

(i)	Data items:

Sections 264.150 and 265.150 require owners or operators to notify EPA
when a State assumes legal responsibility or assures availability of
funds for an owner's or operator's compliance with the closure,
post-closure care, or liability requirements of this part.   Data items
to be collected in this case include:

A letter from the owner or operator requesting that the State's
assumption of responsibility be considered acceptable for meeting the
requirements of this subpart;

A letter from the State describing the nature of the State's assumption
of responsibility, including the following information:

--	The facility's EPA identification number, name, and address; and

--	The amount of funds for closure or post-closure care or liability

 coverage that are guaranteed by the State; and

Any additional information which the Regional Administrator deems
necessary to make the determination whether the State's assumption of
responsibility is acceptable.

(ii)	Respondent activities:

Activities for this data collection will include:

Reading the regulations; and

Submitting to the Regional Administrator:

--	The letter from the owner or operator; and

--	The letter from the State describing the State's assumption of 	

responsibility and including the information specified above; and

Submitting any additional information requested by the Regional
Administrator.

(8)	Subpart F and G Requirements (§§266.70 and 266.80)

Sections 266.70(d) and 266.80(b)(2) explain that two specific groups of
respondents are also subject to Parts 264 and 265 financial assurance
requirements:

Persons who generate, transport, or store recyclable materials that are
reclaimed to recover economically significant amounts of gold, silver,
platinum, palladium, iridium, osmium, rhodium, ruthenium, or any
combination of these; and

Owners or operators of facilities that store spent lead acid batteries
before reclaiming them.

CONDITIONS APPLICABLE TO ALL PERMITS

(i)	Data items:

40 CFR Part 270, Subpart C specifies conditions applicable to all
permitted facilities.  40 CFR 270.30(h) requires owners and operators of
permitted facilities to furnish any relevant information requested by
EPA to determine whether cause exists for modifying, revoking and
reissuing, or terminating a permit, or to determine compliance with the
permit.  Section 270.30(j)(2) and (3) requires permittees to retain
records of all monitoring information, copies of all reports required by
the permit, the certification required by §264.73(b)(9), and records of
all data used to complete the application for a period of at least three
years from the date of the sample, measurement, report, certification,
or application.  [These requirements are burdened in the section
entitled "Operating Record" of this ICR.]  In addition, section
270.30(l) specifies the following reporting requirements, which are
applicable to all permitted facilities:

Prompt notice of planned physical alternations or additions
(§270.30(l)(1));

Notice of planned changes or activities which may result in
noncompliance with permit requirements (§270.30(l)(2));

Letter certifying that the facility has been constructed or modified in
compliance with the permit (§270.30(l)(2)(i);

Monitoring reports, submitted at the intervals specified in the permit
(§270.30(l)(4));

Reports of compliance or noncompliance with, or any progress reports on,
interim and final requirements contained in any compliance schedule of
the permit, submitted no later than 14 days following each schedule date
(§270.30(l)(5));

A report containing information concerning a release that may threaten
drinking water supplies (§270.30(l)(6)(i)(A), or information concerning
a release, fire, or explosion which could threaten human health or the
environment outside the facility (§270.30(l)(6)(i)(B)), within 24 hours
from the time the permittee becomes aware of the circumstances.  Such a
report must include the following information:

--	Name, address, and telephone number of the owner or operator;

--	Name, address, and telephone number of the facility;

--	Date, time, and type of incident;

--	Name and quantity of material(s) involved;

--	The extent of injuries, if any;

--	An assessment of actual or potential hazards to the environment

and human health outside the facility; and

--	Estimated quantity and disposition of recovered material that

resulted from the incident.

A written notice within five days of noncompliance, or a written report
within 15 days, that includes a description of the noncompliance and its
cause, the period of noncompliance,  the anticipated time the
noncompliance is expected to continue, and steps taken to reduce,
eliminate, and prevent reoccurrence of the noncompliance
(§270.30(l)(6)(iii);

Report of any manifest discrepancy, as required by §264.72
(§270.30(l)(7).  [This requirement is burdened in "Requirements for
Generators, Transporters, and Waste Management Facilities Under the RCRA
Hazardous Waste Manifest System", ICR #801.];

Report of any receipt of unmanifested waste, as required by §264.76
(§270.30(l)(8)).   [This requirement is burdened in "Requirements for
Generators, Transporters, and Waste Management Facilities Under the RCRA
Hazardous Waste Manifest System", ICR #801.];

A biennial report covering facility activities, as required by §264.75
(§270.30(l)(9)).  [This requirement is burdened in the "Hazardous Waste
Report ICR", ICR #976.]

Report of other noncompliance not submitted with monitoring reports,
compliance schedule reports, and reports of releases, fires, or
explosions (§270.30(l)(10)); and

For cases where the permittee becomes aware that he or she failed to
submit any relevant facts in a permit application, or submitted
incorrect information in any permit application or report, corrected or
new information (§270.30(l)(11)).

(ii)	Respondent activities:

In order to comply with 40 CFR Part 270, Subpart C, owners and operators
of permitted facilities must perform the following activities:

Read the regulations; and

Prepare and submit the required information as described above.

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

 tc \l1 "5.	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT 4.THE INFORMATION
COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION
MANAGEMENT tc \l1 "4.THE INFORMATION COLLECTED--AGENCY ACTIVITIES,
COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 	The following
subsections discuss how EPA will collect the information, what
activities EPA will perform once the information has been received, and
how EPA will manage the information it collects.  The subsections also
include a discussion of how the information collection requirements
affect small entities.

5(a)	AGENCY ACTIVITIES

GENERAL FACILITY OPERATING STANDARDS

Although the information is not formally submitted to EPA, EPA may
review information collected from the requirements outlined in Subpart E
during facility inspections.  Therefore, this analysis assumes that the
Agency will spend a minimal amount of review time annually at each
facility.  

The requirements for the foreign shipment import report, however, state
that owners or operators must notify the Regional Administrator of the
anticipated collection of hazardous waste.  In turn, the Agency must
review the information included in the notification.

RECORDKEEPING REQUIREMENTS

Only one Agency activity is associated with the operating record
requirements:  on-site review of the record.  

CONTINGENCY PLAN AND EMERGENCY REPORTING REQUIREMENTS

(1)	Contingency Plan

Two Agency activities are associated with the development and amendment
of the contingency plan:  reviewing the contingency plan during on-site
inspections and reviewing revisions to the contingency plan.

(2)	Emergency Reporting Requirements

Agency activities associated with emergency reporting requirements
include reviewing documents in the owners' or operators' and emergency
coordinators' emergency reports. 

RELEASES FROM SOLID WASTE MANAGEMENT UNITS

There are two Agency activities associated with ground-water monitoring
demonstrations and procedures:  reviewing demonstrations to terminate
the compliance period and review and approval of proposed sampling
methods and intervals.

CLOSURE AND POST-CLOSURE REQUIREMENTS

Agency activities associated with the regulations promulgated in 40 CFR,
Parts 264 and 265, Subpart G, include reviewing the following data
items:

Closure plans;

Closure plan amendment notifications;

Partial/final closure notifications;

Closure extensions and allowances;

Survey plats;

Post-closure plans;

Post-closure plan amendment notifications;

Post-closure plan modifications;

Hazardous waste disposal records; and

Post-closure permit modifications.

FINANCIAL REQUIREMENTS

EPA uses the cost estimates and financial assurance mechanisms to ensure
compliance with Subpart H.  In the event that an owner or operator is
unable or unwilling to perform closure or post-closure activities or to
pay third-party damages, EPA will draw upon the mechanisms.  The cost
estimates are normally retained by the owner or operator during interim
status; they are submitted to the Region or authorized State as part of
the permit process.

The financial assurance instruments for closure, post-closure care, and
liability coverage, with standard wording, are submitted by the owner or
operator (or the third-party financial entity) to the Region or
authorized State that serves the area and where the facility is located.
 These submissions must be made by the effective date of the regulations
for existing facilities -- July 6, 1982 (Assurance) and July 15, 1982
(Liability) -- and sixty days before the initial receipt of hazardous
wastes at new facilities.  There was a phase-in period for nonsudden
coverage for existing facilities.  January 16, 1985 was the final
phase-in date.

When financial assurance information is submitted, EPA conducts a review
for completeness, then enters the information into the RCRIS data base. 
The EPA Regional or State offices establish a file for each applicant
that contains the submissions.  The financial instruments are maintained
in a secure area.		

Submissions are tabulated in the EPA Regional Offices and Headquarters
and are used by Agency management to oversee implementation of the RCRA
financial responsibility requirements.  The information is also shared
with States to assist them in implementing their hazardous waste
management programs.  There are no plans to publish information obtained
under the Subpart H financial requirements.

CONDITIONS APPLICABLE TO ALL PERMITS

EPA reviews all information submitted at intervals specified in the
permit.  This information includes monitoring reports and reports on
compliance or noncompliance with compliance schedules.  EPA also reviews
information that may be submitted on occasion by facilities, if
necessary.  Such information includes notices of planned physical
alterations or additions; notices of planned changes or activities;
letters certifying compliance; information concerning releases, fires,
or explosions; reports of other noncompliance; and corrected or new
information.

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

To collect and analyze the information discussed in this ICR, EPA keeps
records of and reviews all of the information submitted.  Authorized
States and EPA Regions enter the information into electronic data base
systems.  States coordinate with the EPA Regions and OSW Headquarters to
supply EPA with the data reported for inclusion in the RCRAInfo national
database.

5(c)	SMALL ENTITY FLEXIBILITY4(c)SMALL ENTITY FLEXIBILITY

 tc \l2 "5(c)	SMALL ENTITY FLEXIBILITY4(c)SMALL ENTITY FLEXIBILITY 

When promulgating the regulations covered under this ICR, EPA considered
developing separate and simplified requirements for small businesses. 
Since small facilities conduct operations that are equally as hazardous
to the environment as those conducted by larger facilities, EPA
determined that small businesses should be required to comply with the
same regulations as large businesses.  As a result of this
interpretation, no specific requirements are outlined for smaller
facilities. 

5(d)	COLLECTION SCHEDULE4(d)COLLECTION SCHEDULE tc \l2 "5(d)	COLLECTION
SCHEDULE4(d)COLLECTION SCHEDULE 

GENERAL FACILITY STANDARDS

The reporting requirements outlined in the regulations will vary
according to individual facility circumstances (e.g., when receiving
hazardous waste from a foreign source).

RECORDKEEPING REQUIREMENTS

Since the operating record is maintained at the facility, discussion of
a collection schedule is not applicable.  Copies of records of waste
disposal are submitted to EPA upon closure of the facility. 

CONTINGENCY PLAN AND EMERGENCY REPORTING REQUIREMENTS

The contingency plan is collected when the permittee submits the Part B
permit application.  A discussion of the contingency plan collection
schedule for permitted facilities is included in the Hazardous Waste
Part B Permit Applications, Special Permits, and Permit Modifications
ICR (#1573).  Since interim status facilities are not required to submit
their contingency plans to EPA, discussion of a collection schedule for
these facilities is not applicable.

The owner or operator must submit a written report of any incident that
requires implementation of the contingency plan within 15 days after the
incident occurs.  The emergency coordinator must immediately notify the
appropriate authorities of an imminent or actual emergency situation.  

CLOSURE AND POST-CLOSURE REQUIREMENTS 

Permitted facilities submit their closure and post-closure plans to EPA
when submitting a Part B permit application.  A discussion addressing
collection schedules for permitted facilities is included in the
Hazardous Waste Part B Permit Applications, Special Permits, and Permit
Modifications ICR (#1573).  

Interim status closure and post-closure plans must be submitted
according to the following schedules:

The owner or operator must submit the closure plan to the Regional
Administrator at least 180 days prior to the date on which he or she
expects to begin closure of the first surface impoundment, waste pile,
land treatment, or landfill unit, or final closure if it involves such a
unit, whichever is earlier;

The owner or operator must submit the closure plan to the Regional
Administrator at least 45 days prior to the date on which he or she
expects to begin final closure of a facility with only tanks, container
storage, or incinerator units;

Owners or operators with approved closure plans must notify the Regional
Administrator in writing at least 60 days prior to the date on which
they expect to begin closure of a surface impoundment, waste pile,
landfill, or land treatment unit, or final closure of a facility
involving such a unit;

Owners and operators with approved closure plans must notify the
Regional Administrator in writing at least 45 days prior to the date on
which they expect to begin final closure of a facility with only tanks,
container storage, or incinerator units;

The owner or operator must submit the closure plan to the Regional
Administrator no later than 15 days after:

--	Termination of interim status except when a permit is issued

simultaneously with termination of interim status; or

--	Issuance of a judicial decree or final order under §3008 of RCRA

to cease receiving hazardous wastes or close

If the Regional Administrator does not approve the closure plan, he or
she shall provide the owner or operator with a detailed written
statement of reasons for the refusal and the owner or operator must
modify the plan or submit a new plan for approval within 30 days after
receiving such written statement;

An owner or operator of a surface impoundment or waste pile that intends
to remove all hazardous waste at closure must prepare a post-closure
plan and submit it to the Regional Administrator within 90 days of the
date that the owner or operator or Regional Administrator determines
that the hazardous waste management unit or facility must be closed as a
landfill, subject to the requirements of §§265.117 through 265.120;

If an owner or operator of a surface impoundment or a waste pile who
intended to remove all hazardous wastes at closure in accordance with
§265.228(b) or §265.258(a) is required to close as a landfill in
accordance with §265.310, the owner or operator must submit a
post-closure plan within 90 days of the determination by the owner or
operator or Regional Administrator that the unit must be closed;

If the Regional Administrator determines that an owner or operator of a
surface impoundment or waste pile who intended to remove all hazardous
wastes at closure must close the facility as a landfill, the owner or
operator must submit a post-closure plan for approval to the Regional
Administrator within 90 days of the determination;

The owner or operator must submit the post-closure plan to the Regional
Administrator at least 180 days before the date he or she expects to
begin partial or final closure of the first hazardous waste disposal
unit.  The date he "expects to begin closure" of the first hazardous
waste disposal unit must be either within 30 days after the date on
which the hazardous waste management unit receives the known final
volume of hazardous waste or, if there is a reasonable possibility that
the hazardous waste management unit will receive additional hazardous
wastes, no later than one year after the date on which the unit received
the most recent volume of hazardous wastes; and

The owner or operator must submit his post-closure plan to the Regional
Administrator no later than 15 days after:

--	Termination of interim status except when a permit is issued

simultaneously with termination of interim status; or

--	Issuance of a judicial decree or final order under §3008 of RCRA

to cease receiving hazardous wastes or close.

Both interim status and permitted facilities are required to request
approval for post-closure plan modifications.  Since permitted
facilities must submit permit modifications to authorize changes to
their post-closure plans, a discussion addressing scheduling
requirements for permitted facilities' modifications to the post-closure
plan is included in ICR #1573.  The following is a schedule for interim
status facilities:

An owner or operator with an approved post-closure plan must submit the
modified plan to the Regional Administrator at least 60 days prior to
the proposed change in facility design or operation, or no more than 60
days after an unexpected event has occurred which has affected the
post-closure plan; and

If the Regional Administrator requests modifications to the post-closure
plan, the owner or operator with an approved post-closure plan must
submit the modified plan to the Regional Administrator no later than 60
days of the request from the Regional Administrator.  

Both interim status and permitted facilities are required to submit
closure certifications, survey plats, and post-closure notices according
to the following schedules:

The owner or operator must submit a certification of closure to the
Regional Administrator within 60 days of completion of closure for each
hazardous waste surface impoundment, waste pile, land treatment, and
landfill unit and within 60 days of final closure;

No later than the submission of the certification of closure, the owner
or operator must submit to the Regional Administrator a survey plat;

If the Regional Administrator does not approve the post-closure plan, he
shall provide the owner or operator with a detailed written statement of
reasons for the refusal and the owner or operator must modify the plan
or submit a new plan for approval within 30 days after receiving such
written statement;

The owner or operator must submit a post-closure notice to the Regional
Administrator within 60 days of certification of closure for each
hazardous waste disposal unit;

No later than 60 days after certification of closure of each hazardous
waste disposal unit, the owner or operator must submit to the Regional
Administrator a record of the type, location, and quantity of hazardous
wastes disposed of within each cell or other disposal unit of the
facility; and

No later than 60 days after the completion of the established
post-closure care period for each hazardous waste disposal unit, the
owner or operator must submit to the Regional Administrator a
certification that the post-closure care period for the unit was
performed in accordance with the specifications in the approved
post-closure plan.

FINANCIAL REQUIREMENTS

For closure and post-closure cost estimates, owners or operators must
prepare initial cost estimates for activities identified in the closure
and post-closure plans.  Thereafter, owners or operators must provide
annual adjustments of these cost estimates to account for inflation. 
Also, owners or operators may be required to prepare new cost estimates,
if changes in the closure or post-closure plan increase closure or
post-closure costs.  This burden will vary from facility to facility.

For closure and post-closure care financial instruments, owners or
operators must initially establish a financial instrument(s) assuring
the cost of closure and post-closure care.  Thereafter, owners or
operators must annually check the amount covered by the instrument(s) to
make sure it equals the adjusted cost estimate, and change the amount
assured accordingly.  

For liability coverage requirements, owners or operators of facilities
identified in §§264.147 and 265.147 must initially demonstrate
liability coverage for sudden and nonsudden accidents during the
facilities' active life.  Some of the financial instruments for
liability coverage require additional reporting on an annual basis; for
example, owners or operators must annually submit documentation to EPA
supporting the use of the financial test or guarantee.  Furthermore,
owners or operators may also have to provide information due to varying
circumstances; for example, whenever a claim for bodily injury or
property damages caused by a hazardous waste treatment, storage, or
disposal facility is made.

CONDITIONS APPLICABLE TO ALL PERMITS

EPA collects information from permitted facilities at intervals
specified in the permit.  EPA may also collect other information if the
Agency determines that it needs information to determine whether a
permit should be terminated, revoked and reissued, or modified.  EPA may
collect additional information from permitted facilities if
noncompliance with permit conditions occurs.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	ESTIMATING RESPONDENT BURDEN

	Exhibits 1 through 7 below present the number of hours required to
conduct each individual information collection activity and the cost
associated with that activity.  Exhibit 8 presents annual respondent
bottom-line burden hours and costs for all information collection
requirements in this ICR.  Exhibits 11 and 12 present the number of
hours for State Agencies.



6(b)	ESTIMATING RESPONDENT COSTS6(a)ESTIMATING RESPONDENT BURDEN

LABOR COSTS

For the private sector, EPA estimates an average hourly respondent labor
cost (including fringe and overhead) of $126.89 for legal staff, $75.00
for managerial staff, $55.89 for technical staff, and $33.62 for
clerical staff.  These wage rates are based on the rates from last
renewal, multiplied by an inflation rate of 3.4% to bring them up to
2016 rates.

	

	For State Agencies, EPA estimates an average hourly respondent labor
cost (including fringe and overhead) of $60.57 for legal staff, $56.86
for managerial staff, $34.02 for technical staff, and $21.70 for
clerical staff.  These labor costs were obtained from EPA ICR Number
0976.16.

CAPITAL COSTS 

EPA estimates that all new facilities and facilities with new Part B
permits will incur capital costs associated with purchasing file storage
systems for maintaining records.  EPA realizes that facilities will
likely use different and various file storage systems (e.g., file
cabinets, CD-ROM, off-site storage, etc) and store their files on
different media (paper, microfiche, electronic files, etc).  For
purposes of estimating these capital costs across all facilities, EPA
has made the conservative assumption that every facility will store
their files in paper form in file cabinets.

In addition, EPA estimates that during the facilities’ operating and
post-closure periods each facility will store an average 48,000 pieces
of paper.  Therefore, the average facility will need to purchase three
5-drawer lateral file cabinets that each hold 16,000 pieces of paper. 
As the current market price for such a file cabinet is $549, each
facility would therefore purchase $1,647 worth of file cabinets.

OPERATION AND MAINTENANCE COSTS

EPA also estimates that facilities will incur operations and maintenance
(O&M) costs such as postage costs for submitting information to EPA,
purchased material costs, and various lump-sum purchased service costs. 
These O&M costs are expected to be incurred on an ongoing, annual, or
periodic basis per the associated regulatory requirement and assumptions
in this ICR.

As shown in all exhibits, postage costs are estimated at $0.49 per one
ounce letter, $5.75 per submittal for flat-rate by priority mail, and
$12.20 per submittal that must be sent by registered, priority mail.  

In Exhibit 1, EPA estimates purchased material costs/and or lump-sum
purchased service costs for waste analysis, specifically $1,000 per
analysis for non-commercial facilities and $400 per analysis for
commercial facilities.  

In Exhibit 5, EPA estimates lump-sum purchased service costs for certain
inspections and/or certifications that must be completed by independent
professionals, specifically $1,000 per inspection/certification by an
independent registered professional engineer and $750 per
survey/certification by a professional land surveyor.

6(c)	ESTIMATING AGENCY BURDEN AND COST

EPA estimates annual Agency burden hours and costs associated with all
the requirements covered in this ICR in Exhibits 9 and 10.  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 2016.  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)	RESPONDENT UNIVERSE AND TOTAL RESPONDENT BURDEN AND COST

RESPONDENT UNIVERSE

Table 1 presents the estimated universe of facilities that are affected
by the General Facility Standard requirements. 



TABLE 1

Estimated Universe of Facilities Affected by General Facility Standard
Requirements

	

Permitted	

Interim Status	

Total



All Facilities (Operating & Closed/Post Closed)	

1,427	

395	

1,822



Operating Facilities	

707	

28	

838



     Commercial	

310	

5	

315



     Non-Commercial	

397	

             23 	

420



Closed Facilities (New Annual Closures)	

                134 	

13	

147



Post-Closed Facilities 	

586	

88	

674



Land Disposal Facilities (Op. & Cl/P-Cl)	

609	

229	

838



     Operating LDFs	

              72 	

                            3 	

75



     Closed LDFs (New Annual Closures)	

7	

4	

                         11



     Post-Closed LDFs	

560	

80	

640



     Closed or Post-Closed LDFs	

583	

                          226 	

809



Facilities with Incinerators	

58	

                            0 	

                    58



Treatment and Storage Only Facilities 	

               665	

                          25	

                  690 



New Interim Status	

 NA 	

0 	

 0 



New Part B Permits (Incl. New Construction)	

7	

 NA 	

 7 



Facilities Who Intend to Close Annually 	

                 58 	

                            4 	

                      62



LDFs Who Intend to Close Annually	

                    9 	

                              0 	

                         9 



Facilities Who Intend to Post-Close Annually	

                  8 	

                            0 	

                       8 



LDFs Who Intend to Post-Close Annually	

                    2 	

                              0 	

                         2 



Facilities Completing Post-Closure Annually	

5 	

0 	

5 



GENERAL FACILITY OPERATING REQUIREMENTS

	

(1)	Foreign Shipment Import Report

Based on previous experience, EPA estimates that approximately six
percent of the operating respondent universe will submit foreign
shipment import reports annually.  

(2)	Notice of Appropriate Permits

EPA estimates that approximately 12 percent of operating TSDFs accept
off-site waste.  These commercial facilities must submit a one-time
notice to these generators before accepting their waste.

(3)	Notice of Part 264 or Part 265, and Part 270 Requirements

EPA estimates that approximately one percent of all facilities will
experience a transfer in ownership each year.  The owners and operators
of these facilities will be required to submit a notice of Part 264 or
265 and Part 270 requirements to the new owner or operator of the
facility.

(4)	Waste Analysis

Only operating facilities are required to conduct waste analysis
testing.  EPA believes that the commercial incinerator and land disposal
sites have the greatest responsibility for waste analysis.  Based on
previous experience, EPA estimates that commercial incinerator and land
disposal facilities will conduct testing 50 times a year, while the
remaining operating facilities will conduct this analysis twice a year.

(5)	Waste Analysis Plan

This ICR assumes that existing interim status and permitted facilities
have already developed a waste analysis plan.  Therefore, only new
interim and permitted facilities will develop waste analysis plans.  EPA
estimates that no new interim facilities will be entering the universe
whereas the 13 newly permitted facilities will have to prepare a waste
analysis plan.  In addition to preparing a waste analysis plan, these 13
facilities must also maintain (i.e., photocopy and file) the plan at the
facility.   

EPA also assumes that 20 percent of all operating facilities will modify
the plan and maintain the modified plan each year.

(6)	Inspection Schedule

This ICR assumes that existing interim status and permitted facilities
have already developed an inspection schedule.  Therefore, only new
permitted and interim status facilities will develop inspection
schedules.  EPA estimates that no new interim and 13 new permitted
facilities will enter the universe during the period covered by this
ICR. 

In addition to preparing an inspection schedule, new permitted
facilities must also maintain (i.e., photocopy, file, and update) the
schedule at the facility.  EPA estimates that five percent of all
operating facilities and facilities undergoing closure or post-closure
will modify their inspection schedules annually and maintain the
modified inspection schedule.  All operating facilities are required to
record problems in an inspection log.  

(7)	Personnel Training

This ICR assumes that existing interim status and permitted facilities
have already collected the information necessary to prepare a personnel
training record.  Therefore, only new interim status facilities and
newly constructed permitted facilities will be required to collect
information regarding their employees' training experiences.  EPA
estimates that no new interim status facilities will join the universe
during the period covered by this ICR.  Newly constructed facilities
with Part B permits will have to read the regulations and collect
information.  

All operating and newly constructed facilities must also maintain (i.e.,
photocopy, file, and update) their training records. 

(8)	Documentation of Compliance for Ignitable, Reactive, or Incompatible
Wastes

Based on previous experience, EPA estimates that 40 percent of the
permitted operating universe will have to maintain documentation of
compliance for ignitable, reactive, or incompatible wastes.  

(9)	Construction Quality Assurance Plan

This ICR assumes that existing permitted and interim status facilities
have submitted their construction quality assurance plan to EPA. 
Therefore, only new interim status facilities will be required to submit
the CQA plan.  EPA estimates that no new facilities will obtain interim
status during the period covered by this ICR. 

RECORDKEEPING REQUIREMENTS

	Operating Record

	Excluding the inspection information requirements, only operating
facilities are required to comply with the operating record
recordkeeping requirements.  There are sixteen information components of
the operating record requirements contained in 40 CFR
§§264.73(b)(1)-(16) and 265.73(b)(1)-(16).  Some of the requirements
apply only to certain types of facilities:

Facilities must document any refusal of State and local agencies to
enter into arrangements to address emergency situations (§264.37(b)). 
EPA estimates that only one percent of all operating facilities will be
required to comply with this regulation.

Facilities that have emergency incidents requiring implementation of the
contingency plan must maintain (i.e., photocopy and file) written
documentation of the incident (§§264.73(b)(4) and 265.73(b)(4)).  EPA
estimates that only one percent of all operating facilities will be
required to comply with this regulation.

Both operating and post-closure facilities are required to maintain
updated inspection information in the operating record (§§264.73(b)(5)
and (265.73(b)(5)).Only land disposal facilities and incinerator
facilities are required to collect and record monitoring data
(§264.73(b)(6)) in the operating record.  

Only land disposal facilities and incinerator facilities are required to
collect and record monitoring data (§264.73(b)(6)) in the operating
record.

Only facilities that receive hazardous waste from an off-site source
(except where the owner or operator is also the generator) are required
to maintain (i.e., photocopy and file) notices for generators verifying
that they have a permit to handle the hazardous waste they are receiving
(§§264.73(b)(7) and (265.73(b)(7)).  Thus, EPA has determined that 12
percent of the operating universe, including non-commercial facilities,
will need to maintain, in the operating record, the notice to
generators.

All facilities must maintain updated information in the operating record
closure cost estimates.  However, only land disposal facilities must
maintain post-closure cost estimates (§§264.73(b)(8) and
(265.73(b)(8)).   EPA expects that all permitted and interim status
facilities will have to maintain closure cost estimates.  Permitted and
interim status operating land disposal facilities will also need to
maintain post-closure cost estimates.

All operating land disposal facilities must also maintain records of the
quantities (and date of placement) for each shipment of hazardous waste
placed in land disposal units under an extension to the effective date
of any land disposal restriction, or a certification, and the applicable
notice required by the generator (§§264.73(b)(10) and (265.73(b)(10)).

Only off-site TSDFs are required to maintain (i.e., photocopy and file)
a copy of the notice, and the certification and demonstration, if
applicable, required by the generator or owner or operator in the
operating record (§§264.73(b)(11), (13) and (15) and (265.73(b)(11),
(13) and 15)).  Thus EPA has determined that five percent of the
operating universe will need to maintain (i.e., photocopy and file) this
information in the operating record.

Only on-site TSDFS are required to maintain (i.e., photocopy and file)
the information contained in the notice (except the manifest number),
and the certification and demonstration if applicable, required by the
generator or owner or operator (§§264.73(b)(12), (14) and (16) and
(265.73(b)(12), (14) and (16)).  EPA had determined that 95 percent of
the operating universe will need to maintain (i.e. photocopy and file)
this information in the operating record.

The remaining requirements (§§264.73(b)(1)-(3) and (9) and
(265.73(b)(1)-(3), and (9)) apply to

the entire universe of operating facilities.  

CONTINGENCY PLAN AND EMERGENCY REPORTING REQUIREMENTS

Contingency Plan

	For this ICR, the Agency assumes that existing interim status and
permitted facilities have already prepared contingency plans. 
Therefore, only new interim status facilities will be required to
prepare a contingency plan.  (Modifications to contingency plans of
permitted facilities are covered under the hazardous Waste Part B Permit
Application, Special Permits, and Permit Modifications ICR (#1573)).

EPA estimates that no new facilities will obtain interim status during
the period covered by this ICR

(#1571), or submit the contingency plan to all local police and fire
departments, hospitals, and State and

local response teams.

Emergency Reporting And Recordkeeping

	Based on program experience, the Agency estimates that one percent of
all facilities with experience an emergency situation each year that
will require the help of State or local authorities with 

designated response roles.  Therefore, emergency coordinators at
permitted and interim status facilities will be required to notify these
authorities of an actual or imminent emergency situation
(§§264.56(a)(2) and (265.56(a)(2)).

	EPA estimates that one percent of those facilities experiencing an
emergency situation will have a release, fire, or explosion for which
the emergency coordination determines that is may be advisable to 

evacuate local areas.

	EPA estimates that one percent of facilities will notify either a
government official designated as the on-scene coordinator or the
National Response Center of a release, fire, or explosion
(§§264.56(d)(2) and 265.56(d)(2)).  EPA estimates that only one
percent of all facilities will have emergency incidents requiring
implementation of the contingency plan and will be required to prepare
an emergency report.   

	All owners and operators experiencing an emergency situation are
required to notify the Regional Administrator that the facility is in
compliance with §265.56(h) before resuming operation in the affected

areas.  The owner operator must also submit a written report to the
Regional Administrator 15 days 

after the incident (§§264.56(j) and 265.56(j)).  The respondent burden
for recording emergency details in the operating record is covered in
the operating record section.

RELEASES FROM SOLIE WASTE MANAGEMENT UNITS

	EPA expects that no facilities will be required to demonstrate that the
ground-water protection standard of §264.92 has not been exceeded for
three consecutive years (§264.96(c)).  EPA also expects all facilities
submitting a Part B permit application to develop and submit sampling
procedures to EPA (§264.97(g)).

CLOSURE AND POST-CLOSURE REQUIREMENTS

Reading the Regulations

	The only facilities that are expected to read the closure requirements
will be the newly permitted facilities.  Land disposal facilities are
expected to read the post-closure regulations.

Closure Plans

	Since existing interim status and permitted facilities have already
developed closure and post-closure plans, activities associated with
developing closure/pose-closure plans apply to newly interim 

status facilities only.  EPA expects no new facilities to develop and
submit closure plans.

Closure Plan Amendment

	Based on previous experience, EPA estimates that five percent of
operating or closing interim 

status facilities, such as facilities converting waste piles to
containment building, will amend their closure plans annually and will
submit a request to the Regional Administrator to authorize a change 

in the closure plan.  Since closure plan amendments for permitted
facilities are associated with permit modifications, amendments and
discussed in the Hazardous Waste Part B Permit Application, Special

Permits, and Permit Modifications ICR, #1573.

Partial Closure and Final Closure Notification

	Owners and operators of all permitted and interim status facilities who
intend to close their facility annually must notify EPA of closure.  In
addition, owners and operators of the interim status facilities must
also submit their closure plans to EPA.

Extensions and Allowances During the Closure Period

	Of the total number of facilities that will be closing, EPA estimates
that 20 percent will request an extension for the treatment, storage, or
removal of hazardous waste (§§264.113(a) and 265.113(a)).  EPA
estimates that an additional 20 percent will request an extension for
completing closure activities.  EPA also estimates that an additional
five percent of all closing facilities will request an allowance to
receive non-hazardous wastes in a land-based unit after the final
receipt of hazardous waste (§§264.113(d) and 265.113(d)).

Closure Certification

	EPA estimates that all of the permitted and interim status facilities
that will be closing annually will complete a certification of closure.

Survey Plat

	EPA estimates that 50 percent of the land disposal facilities that will
be closing annually will submit a survey plat to the Regional
Administrator.

	

(8)	Post-Closure Plan

Existing permitted land disposal facilities already have approved
post-closure plans.  Therefore, only new interim status land disposal
facilities will develop post-closure plans.  EPA estimates that no new
interim status land disposal facilities will prepare a post-closure plan
annually.  In addition to preparing a post-closure plan, all permitted
and interim status land disposal facilities must also maintain (i.e.,
photocopy, file, and update) the post-closure plan at the facility.

(9)	Notification and Amendment of Post-Closure Plan Under 265.118(d)

Since respondent activities associated with permit modifications are
discussed in the Hazardous Waste Part B Permit Applications, Special
Permits, and Permit Modifications ICR (#1573), this ICR focuses on
interim status facilities' activities associated with notification of a
post-closure amendment.  EPA estimates that 20 percent of interim status
facilities that will be undergoing post-closure, or two facilities, will
amend their post-closure plans and submit written notification of a
change in the approved post-closure plans.  

(10)	Amendment of Post-Closure Plan Under 265.118(d)(4), (f), and (g)(1)

In some cases, the Regional Administrator will require owners or
operators of surface impoundments or waste piles who intend to remove
all hazardous wastes at closure to modify their post-closure plans.  EPA
expects that ten percent of interim status facilities that are
undergoing post-closure will be required to modify their post-closure
plan.  EPA estimates that the Agency will reject ten percent of these
plans, which will require approximately no facilities to modify its plan
or submit a new plan.

In some cases, facilities will request that the Agency extend or reduce
the post-closure period applicable to a hazardous waste management unit
or facility, or to alter the requirements of the post-closure care
period.  EPA estimates that 20 percent of interim status facilities that
are undergoing post-closure (two facilities), will prepare and submit
such a request.

(11)	Hazardous Waste Disposal Records

All owners and operators who close their land disposal facilities
annually must submit hazardous waste disposal records.    

(12)	Hazardous Waste Notation Certification

All owners and operators who close their land disposal facilities
annually must submit a certification that they have recorded the
notation required in §§264.119(b)(2) and 265.119(b)(2).

(13)	Post-Closure Plan Modifications

EPA does not expect that any interim status facilities will subject to
section 265.119(c) during the effective period of this ICR.

(14)	Post-Closure Care Certification

Since the post-closure care period lasts for 30 years, except for those
facilities that qualify for "early outs," EPA does not expect many
owners/operators to submit certifications of post-closure care during
the period covered by this ICR.  Based on previous experience, EPA
estimates that no facilities will complete post-closure care and be
required to submit certifications.

FINANCIAL REQUIREMENTS

(1)	Reading the Regulations

All operating and newly constructed facilities are expected to read the
financial requirements regulations.

(2)	Financial Responsibility for Corrective Action

Because financial responsibility for corrective action is required under
Part 264, only permitted facilities are included in the burden estimate.
 EPA estimates that 80 percent of permitted facilities completed a RCRA
Facility Assessment (RFA) that indicated that further investigation, or
a RCRA Facility Investigation (RFI), was necessary.  Because such
further investigation will entail the submission of corrective action
financial assurance documentation, EPA concludes that 80 percent of the
permitted facilities will need to meet corrective action financial
responsibility requirements.  These facilities will need to include this
financial assurance documentation in their permit renewals; because most
TSDF permits are valid for five years, EPA estimates that each year
approximately 20 percent will submit financial assurance documentation
for corrective action.  EPA estimates that ten percent of these
facilities per year will need to provide the additional demonstration of
denied permission to implement corrective action beyond facility
boundaries. 

(3)	Cost Estimates for Closure and Post-Closure Care

The burden for respondents to collect data, to prepare closure and
post-closure care cost estimates, and to maintain these estimates at the
facility is already calculated in Exhibit 5, Closure and Post-Closure
Care Requirements.  Therefore, Exhibit 6 only determines the burden for
owners or operators to update cost estimates on a yearly basis to
reflect inflation, and the burden for amending cost estimates due to
changes in the closure or post-closure care plan.  Except for those
facilities already closed or post-closed, all operating facilities will
need to adjust estimates annually to reflect inflation.  Since closure
and post-closure plan amendments for permitted facilities are associated
with permit modifications, such amendments are instead discussed in the
Hazardous Waste Part B Permit Applications, Special Permits, and Permit
Modifications ICR (#1573). 

(4)	Financial Assurance for Closure or Post-Closure Care

Because evidence of establishing a financial instrument for closure or
post-closure care is submitted with the Part B permit application, such
activities for permitted facilities are discussed in the Hazardous Waste
Part B Permit Applications, Special Permits, and Permit Modifications
ICR (#1573). However, prior to submitting a permit application, interim
status facilities must present evidence of an established financial
instrument for closure or post-closure care under §§265.143 and
265.145.  Therefore, preparation of the required evidence for interim
status facilities is discussed in Exhibit 6.  In addition, the burden
associated with annual updates or modifications to financial instruments
is calculated in this exhibit for both permitted and interim status
facilities.

Only new interim facilities will have to choose between the financial
test for liability coverage and the other coverage options.  EPA
estimates that no new interim facilities will join the universe in the
period this ICR covers.

EPA projects that two percent of existing facilities amend closure and
post-closure financial instruments due to changes in the cost estimates
or plans.  Finally, all facilities covered under the financial test will
need to submit annual updates; accordingly, 50 percent of existing
facilities will submit this update.

(5)	Liability Requirements

EPA calculates the number of respondents for demonstrating liability
coverage in a manner similar to determining the number of closure and
post-closure care respondents.  Because evidence of establishing a
financial instrument for liability coverage is submitted with the Part B
permit application, such activities for permitted facilities are
discussed in the Hazardous Waste Part B Permit Applications, Special
Permits, and Permit Modifications ICR (#1573).  However, prior to
submitting a permit application, interim status facilities must present
evidence of an established financial instrument for liability coverage
under §265.147.  Therefore, preparation of the required evidence for
interim status facilities is shown in Exhibit 6 of this ICR.  In
addition, the burden associated with annual updates or modifications to
financial instruments for liability coverage is calculated in this
exhibit for both permitted and interim status facilities.

Only new interim facilities will have to choose between the liability
coverage options.  EPA estimates that no new interim facilities will
join the universe in the period this ICR covers.

EPA expects that all existing TSDFs using the financial test or
guarantee will submit the financial test documentation on an annual
basis for review.  EPA estimates that one percent of all facilities will
become bankrupt and will need to submit evidence of insurance.  

(6)	Other Requirements

For activities relating to State-required mechanisms and State
assumption of responsibility, EPA estimates that one percent of interim
status facilities (permitted facilities are included in ICR #1573), will
be included in the respondent burden estimate.  EPA estimates that of
these facilities, only one percent (approximately zero interim status
facilities) will be required by EPA to furnish additional information
under the State assumption of responsibility requirements. 

CONDITIONS APPLICABLE TO ALL PERMITS

EPA estimates that each year 20 percent of permitted facilities will
submit a permit modification at the request of the Agency.  These
permittees will be required to furnish any relevant information
requested by EPA to determine whether cause exists to modify, revoke and
reissue, or terminate a permit, or to determine compliance with a
permit.  

EPA estimates that 15 percent of permitted facilities will annually
submit a notice of physical alterations or additions.  Of these
facilities, 50 percent will submit a notice of planned changes that may
result in noncompliance with permit requirements.  Of these facilities,
50 percent will submit a letter certifying that the facility has been
constructed or modified in compliance with the terms of the permit.

EPA estimates that all permitted facilities with land-based units and
incinerators must submit monitoring reports.  EPA further estimates that
one percent will be required to prepare and submit reports of compliance
and noncompliance with the compliance schedule at intervals specified in
the permit.  

EPA estimates that one percent of all permitted facilities will
experience a release, fire, or explosion that may threaten drinking
water supplies, human health, or the environment outside the facility. 
These facilities will be required to submit a report within 24 hours of
the incident and a more detailed written notice or report within 5 or 15
days, respectively, of the incident.

EPA estimates that two percent of all permitted facilities will be
required to submit reports of other noncompliance that are not submitted
with monitoring reports, compliance schedule reports, and reports of
releases, fires, and explosions.  An additional one percent will submit
amended information that was incorrect or omitted during an initial
submittal.

6(e)	BOTTOM LINE BURDEN HOURS AND COSTS

Exhibit 8 illustrates the total respondent burden and costs associated
with all of the information collection activities covered in this ICR. 
As shown in Exhibit 8, EPA estimates that the total annual respondent
burden for all activities covered in the ICR is approximately 619,997
hours, at an annual cost of $520,867.

6(f)	REASONS FOR CHANGE IN BURDEN

 ADVANCE \d12 		There is no change in burden hours in this renewal.

6(g)	BURDEN STATEMENT

The annual public reporting burden for this collection of information is
estimated to average 324 hours per respondent, and the annual public
recordkeeping burden for this collection of information is estimated to
average 88 hours per respondent. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency.  This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.  An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a
currently valid OMB control number.  The OMB control numbers for EPA’s
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on EPA 's need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-RCRA-2015-0606, which is available for online viewing at
www.regulations.gov, or in person viewing at the RCRA Docket in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue,
NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Reading Room is (202) 566-1744,
and the telephone number for the RCRA Docket is (202) 566-0270.  An
electronic version of the public docket is available at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-RCRA-2015-0606 and OMB Control Number 2050-0120 in any
correspondence.











 

   











 



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