INFORMATION COLLECTION REQUEST

SUPPORTING STATEMENT FOR

REVISIONS TO THE RCRA DEFINITION OF SOLID WASTE

(PROPOSED RULE)

OMB Control No. 2050-0202, EPA ICR No. 2310.02

June 30, 2011

Office of Resource Conservation and Recovery

United States Environmental Protection Agency

Washington, D.C. 20460

TABLE OF CONTENTS

  TOC  1.	IDENTIFICATION OF THE INFORMATION COLLECTION	  PAGEREF
_Toc295750517 \h  1

1(a)	Title and Number of the Information Collection	  PAGEREF
_Toc295750518 \h  1

1(b)	Short Characterization	  PAGEREF _Toc295750519 \h  1

2.	NEED FOR AND USE OF THE COLLECTION	  PAGEREF _Toc295750520 \h  2

2(a)	Need and Authority for the Collection	  PAGEREF _Toc295750521 \h  2

2(b)	Practical Utility and Users of the Data	  PAGEREF _Toc295750522 \h
5

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
PAGEREF _Toc295750523 \h  7

3(a)	Nonduplication	  PAGEREF _Toc295750524 \h  7

3(b)	Public Notice	  PAGEREF _Toc295750525 \h  7

3(c)	Consultations	  PAGEREF _Toc295750526 \h  7

3(d)	Effects of Less Frequent Collection	  PAGEREF _Toc295750527 \h  8

3(e)	General Guidelines	  PAGEREF _Toc295750528 \h  8

3(f)	Confidentiality	  PAGEREF _Toc295750529 \h  8

3(g)	Sensitive Questions	  PAGEREF _Toc295750530 \h  8

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	  PAGEREF _Toc295750531
\h  8

4(a)	Respondents and NAICS Codes	  PAGEREF _Toc295750532 \h  8

4(b)	Information Requested	  PAGEREF _Toc295750533 \h  9

5.	THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT	  PAGEREF _Toc295750534 \h  21

5(a)	Agency Activities	  PAGEREF _Toc295750535 \h  21

5(b)	Collection Methodology and Management	  PAGEREF _Toc295750536 \h
24

5(c)	Small Entity Flexibility	  PAGEREF _Toc295750537 \h  24

5(d)	Collection Schedule	  PAGEREF _Toc295750538 \h  25

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	  PAGEREF
_Toc295750539 \h  25

6(a)	Estimating Respondent Burden Hours	  PAGEREF _Toc295750540 \h  25

6(b)	Estimating Respondent Costs	  PAGEREF _Toc295750541 \h  25

6(c)	Estimating Agency Hour and Cost Burden	  PAGEREF _Toc295750542 \h
27

6(d)	Estimating the Annual Respondent Universe and Total Hour and Cost
Burden	  PAGEREF _Toc295750543 \h  28

6(e)	Bottom Line Hour and Cost Burden	  PAGEREF _Toc295750544 \h  44

6(f)	Reasons for Change in Burden	  PAGEREF _Toc295750545 \h  44

6(g)	Public Burden Statement	  PAGEREF _Toc295750546 \h  45

 1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection

This Information Collection Request (ICR) is entitled “Revisions to
the RCRA Definition of Solid Waste (Proposed Rule),” OMB Control No.
2050-0202, EPA ICR Number 2310.02. This ICR covers the three-year period
2015-2017.

1(b)	Short Characterization

In 2008, the U.S. Environmental Protection Agency (EPA) published final
revisions to the “definition of solid waste” (DSW) that exclude
certain industrial hazardous secondary materials from regulation as
“solid waste” and “hazardous waste” under Subtitle C of the
Resource Conservation and Recovery Act (RCRA), as amended. Specifically,
EPA amended 40 CFR Part 261 to provide that hazardous secondary
materials reclaimed under the control of the generator are not solid
wastes if specified conditions are met. EPA also amended Part 261 to
provide that hazardous secondary materials that are generated and then
transferred to another person for the purpose of reclamation are not
solid waste, provided that specified conditions are met. In addition,
EPA established conditions for the export of excluded materials, as
specified. Finally, EPA finalized other amendments to address particular
issues, including standards in Part 260 to enable a person to apply to
EPA for a formal determination that a material is not discarded and
therefore not a solid waste and to codify the RCRA concept of
“legitimate recycling” for all recycling

EPA is now proposing to revise the regulatory exclusions for certain
types of industrial recycling from the “definition of solid waste”
(DSW) under RCRA Subtitle C. The DSW recycling exclusions involve
industrial hazardous secondary materials intended for recycling (i.e.,
reclamation, recovery, regeneration, or reuse) rather than discard
(i.e., disposal). Some proposed revisions potentially affect EPA’s
October 2008 DSW recycling exclusions (73 FR 64688, October 30, 2008),
while other proposed revisions potentially affect pre-2008 DSW recycling
exclusions that date between 1985 and 1998. These exclusions were
intended to encourage the recovery and reuse of valuable resources as an
alternative to land disposal or incineration, while at the same time
maintaining protection of human health and the environment. The new 2011
revisions propose seven options:

Options 1 & 2: Withdraw the 2008 DSW exclusion for offsite transfer
recycling and implement an alternative regulation including specific
waste generator requirements;

Option 3: Revise the 2008 DSW exclusions for generator controlled
recycling;

Option 4: Revise the definition of “Legitimate” recycling;

Option 5: Revise the non-waste determination petition process and modify
the 1985 40 CFR 260.31(c) DSW variance for partially recycled materials;

Option 6: Add a new “re-manufacturing” DSW exclusion;

Option 7: Revise the pre-2008 DSW recycling exclusions and exemptions;

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection

The regulations are under the authority of sections 2002, 3001, 3002,
3003, 3004, 3007, 3010, and 3017 of the Solid Waste Disposal Act of
1970, as amended by the Resource Conservation and Recovery Act of 1976
(RCRA), and as amended by the Hazardous and Solid Waste Amendments of
1984 (HSWA), 42 U.S.C. 6921, 6922, 6923, and 6924.

Following are brief summaries of the need for the paperwork requirements
in the DSW rule:

Notification: EPA is proposing that before operating under the proposed
alternative Subtitle C standard and by March 1 of each even-numbered
year thereafter, a generator must notify the EPA Regional Administrator
(or the State Director, if the state is authorized). EPA believes that
the information requested in the notification is the minimum information
necessary to ensure that such hazardous recyclable materials are managed
in a manner that is protective of human health and the environment. EPA
also proposes to require notification as a necessary condition of the
generator-controlled exclusion in 40 CFR 261.4 (a)(23), to provide basic
information to regulatory agencies about who will be managing hazardous
secondary materials under the exclusions and the types of materials that
will be reclaimed. EPA believes that requiring such information is
inherent in its authority to determine whether a material is discarded.
EPA considers this to be the minimum information needed to enable
credible evaluation of the status of a material under RCRA.

Reclamation Plan: EPA is proposing that before operating under the
alternative Subtitle C standard, the generator must develop a
reclamation plan that provides details of where the hazardous recyclable
material will be sent for reclamation, a short description of the
recycling process, and the estimated volume of materials in each
shipment. Also, the generator must contact the reclaimer in advance and
make arrangements for the recycling. Similar to the notification
requirements, the reclamation plan and advance arrangements are needed
to guard against the risks of over-accumulation and possible abandonment
of hazardous recyclable materials.

Transportation-Related Requirements: Before transporting hazardous
recyclable materials or offering hazardous recyclable materials for
transportation off-site, a hazardous recyclable material generator would
need to meet all the applicable pre-transportation requirements for
hazardous waste generators under 40 CFR part 262 subparts B and C,
including the need to package, label and placard the materials in
accordance with Department of Transportation standards, as applicable to
large or small quantity generators, and prepare a hazardous waste
manifest. Such requirements are necessary to ensure sufficient oversight
as Subtitle C requirements, thereby increasing the likelihood of
compliance.

Recordkeeping for Speculative Accumulation: Hazardous secondary
materials that are generated and legitimately reclaimed under the
control of the generator are subject to the speculative accumulation
provisions of 40 CFR 261.1(c)(8). If these hazardous secondary materials
are speculatively accumulated, they are considered discarded. EPA is
proposing to amend 40 CFR 261.4(a)(23)(iii) to require persons operating
under the generator-controlled exclusion to place a label on the storage
unit indicating the first date that the excluded hazardous secondary
material began to be accumulated. Such information is needed by
inspectors and other regulatory authorities to quickly ascertain how
long a facility has been storing an excluded hazardous secondary
material, and, therefore, whether that facility was in compliance with
the storage time limits of 40 CFR 261.4(a)(23)(iii) and 40 CFR
261.1(c)(8).

Certifications for Hazardous Secondary Material Generated and Reclaimed
Under the Control of the Generator: EPA has established the
certification requirement for materials that are generated and reclaimed
under the control of the generator because of existing complexities in
corporate ownership and liability. The certification is needed to
increase the company’s awareness and accountability for ensuring that
the generator and reclamation facilities are in fact under its
ownership. The certification also may be needed by regulators (e.g.,
on-site inspectors) to verify compliance. Hazardous secondary materials
are eligible for the generator-controlled exclusion if they are
generated and reclaimed pursuant to a written agreement between a
tolling contractor and toll manufacturer, if the tolling contractor
certifies that it has entered into a contract with a toll manufacturer
and that the tolling contractor retains ownership of, and responsibility
for, the hazardous secondary materials generated during the course of
the manufacture, including any releases of hazardous secondary materials
that occur during the manufacturing process. EPA is proposing to require
the tolling contractor to maintain at its facility for no less than
three years records of all hazardous secondary materials received
pursuant to the written contract with the tolling manufacturer. It would
also require the tolling manufacturer to maintain at its facility for no
less than three years records of all hazardous secondary materials
shipped pursuant to its written contract with the tolling contractor.
Regulatory authorities need such recordkeeping requirements to determine
if tolling contractors and manufacturers were in compliance with the
requirements for the tolling exclusion.

Documentation of and Petition Process for Legitimacy: EPA is proposing
to codify the legitimate recycling requirement for all recycling.
Additionally, hazardous secondary materials and hazardous wastes being
recycled must meet all four legitimacy factors in 40 CFR 260.43. After
implementing the DSW exclusions in several states since its promulgation
in 2008, EPA determined that a one-time documentation of legitimacy is
an important step in ensuring compliance with this provision and will
make oversight and enforcement more effective. EPA is therefore
proposing to require that persons who perform the recycling include
documentation in their paperwork to explain how their hazardous
secondary materials are legitimately recycled. At the same time, EPA
believes it is critical that the legitimacy requirement have flexibility
for those rare situations where a facility is recycling legitimately,
but is not meeting factor 3 and/or factor 4. Accordingly, EPA proposes a
petition process to provide a mechanism for that flexibility, while also
allowing the implementing agency to review the site-specific nature of
the recycling practice and ensure that it is legitimate.

Solid Waste Variances and Non-Waste Determinations: The intent of the
non-waste determination petition process is to provide petitioners with
an administrative procedure for receiving a formal determination that
their material is not a solid waste. This process is available in
addition to the solid waste exclusions. Facilities may choose to
continue to self-implement the waste determination requirements of 40
CFR Part 261 and, for the vast majority of cases, self-implementation
will still be the most appropriate approach. However, for cases where
there is ambiguity about whether a secondary material is a solid waste,
this process may be needed to provide regulatory certainty for both the
facility and Agency. EPA is proposing the following revisions to the
non-waste determinations and variances in Part 260: (1) require
facilities to re-apply for a variance in the event of a change in
circumstances that affects how a material meets the criteria upon which
a solid waste variance has been based; (2) require facilities to
re-notify every two years with updated information; (3) revise the
criteria for the partial reclamation variance to more clearly explain
when the variance applies and to require, among other things, that the
criteria for this variance must be reviewed and evaluated collectively;
(4) revise the criteria for the non-waste determinations in 40 CFR
260.34 to require that petitioners demonstrate why they cannot meet, or
should not have to meet, existing solid waste exclusions under §§
261.2 or 261.4; and (5) designate the Regional Administrator as the EPA
recipient of petitions for variances and non-waste determinations. Such
requirements are necessary to foster greater consistency on the part of
implementing agencies and help ensure the protectiveness of the
implementation of the solid waste variances and non-waste
determinations.

Exclusions from the Definition of Solid Waste: EPA has established
conditional exclusions from the definition of solid waste for hazardous
secondary materials as specified. Since there is some potential for
mismanagement of these materials in the absence of any regulatory
controls, the exclusions specify certain conditions that must be
satisfied by the generator facility and, if applicable, the intermediate
and reclamation facilities to whom the materials are transferred.
EPA’s assessment that conditions are needed for recycling of excluded
material has been influenced by recycling studies that EPA conducted
(e.g., analyses of environmental problems associated with recycling of
hazardous secondary materials). These studies are described in the
preamble to the final rule and contained in the administrative record.

EPA is proposing to move the requirements listed in 40 CFR
261.2(a)(2)(ii) to 261.4(a)(23). This supporting statement describes the
need for the information collection requirements of these exclusions
under “Certifications for Hazardous Secondary Material Generated and
Reclaimed under the Control of the Generator” and “Notification.”

EPA is considering a focused exclusion from the definition of solid
waste for certain types of higher-value hazardous secondary materials
which are being re-manufactured into commercial-grade products. The goal
of the re-manufacturing exclusion would be to encourage sustainable
materials management by identifying specific types of transfers of
hazardous secondary materials to third parties that, under appropriate
conditions, do not involve discard and can result in extending the
useful life of a commercial-grade chemical. Given the wide variety of
hazardous secondary materials and industrial processes, EPA believes it
is reasonable to set conditions for the exclusion which there is
supporting evidence that discard will be avoided and risk will be
controlled. A notification requirement will provide basic information to
the regulatory agencies about who will be managing hazardous secondary
materials under the re-manufacturing exclusion. Facilities operating
under the exclusion would need to demonstrate that they meet the
requirements (e.g., that the hazardous secondary materials, functions,
and manufacturing sectors are those identified in the exclusion), by
preparing and maintaining a re-manufacturing plan. Generators and
re-manufacturers would need to maintain at the facility records of
shipments of hazardous secondary materials for a period of three years,
and generators would need to maintain confirmations of receipt for all
off-site shipments of hazardous secondary materials in order to verify
that the hazardous secondary materials reached their intended
destination and were not discarded. This provision is being proposed in
order that all parties responsible for the excluded hazardous secondary
materials would be able to demonstrate that the materials were in fact
sent for re-manufacturing and arrived at the intended facility and were
not discarded in transit. EPA would also establish a petition process
where any person may petition the Administrator to modify or revoke any
provisions of the hazardous waste rules. Such a petition process would
provide flexibility for hazardous secondary materials, industry sectors,
and/or functional uses that may be suitable candidates for the
re-manufacturing exclusion if they involve the transfer of a
higher-value hazardous secondary material from one manufacturer to
another, for the purpose of re-manufacturing a material with significant
commercial value.

EPA is considering revisions that would affect other definition of solid
waste exclusions and hazardous waste exemptions for recyclable
materials. These possible revisions include (1) recordkeeping for
speculative accumulation in all cases; (2) requiring facilities to
re-notify every two years with updated information on their operating
status under the various exclusions and exemptions; and (3) containment
standards for excluded hazardous secondary material.

2(b)	Practical Utility and Users of the Data

Notifications

Regulatory agencies will use notifications from facilities to learn
basic information about who will be managing hazardous secondary
materials under the exclusions, exemptions, or alternate standards and
the types of materials that will be recycled. The information will help
the agencies evaluate the status of the material under RCRA.

Generators that operate under the proposed alternative Subtitle C
standard must notify the EPA Regional Administrator (or the State
Director, if the state is authorized). The EPA Regional Administrator or
State Director will use this information to ensure that such hazardous
recyclable materials are managed in a manner that is protective of human
health and the environment. EPA also proposes to require notification as
a necessary condition of the generator-controlled exclusion in 40 CFR
261.4 (a)(23), to provide basic information to regulatory agencies about
who will be managing hazardous secondary materials under the exclusions
and the types of materials that will be reclaimed; and to allow credible
evaluation of the status of a material under RCRA. EPA also requests
comment on requiring notification for the pre-2008 DSW exclusions,
exemptions, and alternate standards, including the
“re-manufacturing” exclusion that EPA is considering.

Reclamation Plan

Under EPA’s proposed revisions to the DSW rule, generators that
operate under the alternative Subtitle C standard must develop a
reclamation plan that provides details of where the hazardous recyclable
material will be sent for reclamation, a short description of the
recycling process, and the estimated volume of materials in each
shipment. Also, the generator must contact the reclaimer in advance and
make arrangements for the recycling. These requirements will ensure that
the generator (including appropriate staff) addresses the risks of
over-accumulation and possible abandonment of hazardous recyclable
materials, and that the reclaimer is aware of all arrangements. Because
the reclamation plan is kept on-site, regulatory authorities and
inspectors will be able to review the information, as needed.

Transportation-Related Requirements

Before transporting hazardous recyclable materials or offering hazardous
recyclable materials for transportation off-site, generators must
package, label and placard hazardous recyclable materials in accordance
with Department of Transportation standards, as applicable to large or
small quantity generators, and prepare a hazardous waste manifest. This
information is used by the generator and all subsequent handlers of the
materials to ensure proper management, tracking, and safety precautions
in the transportation of the materials.

Recordkeeping for Speculative Accumulation

Persons operating under the generator-controlled exclusion must place a
label on the storage unit indicating the first date that the excluded
hazardous secondary material began to be accumulated. Inspectors and
other regulatory authorities will use this information to quickly
ascertain how long a facility has been storing an excluded hazardous
secondary material, and, therefore, whether that facility was in
compliance with storage time limits.

Certifications for Hazardous Secondary Material Generated and Reclaimed
Under the Control of the Generator

EPA is requiring the certification requirement for materials that are
generated and reclaimed under the control of the generator because of
existing complexities in corporate ownership and liability. The
certification will be used to hold the company accountable for knowing
and complying with the definition of “hazardous secondary materials
generated and reclaimed under the control of the generator” and to
enable regulatory authorities to determine when facilities are eligible
for this exclusion. The certification will also be used by the generator
to increase the company’s awareness and accountability for ensuring
that the generator and reclamation facilities are in fact under its
ownership.

Under EPA’s proposed rule, a tolling contractor must maintain at its
facility for no less than three years records of all hazardous secondary
materials received pursuant to the written contract with the tolling
manufacturer. The tolling manufacturer would need to maintain at its
facility for no less than three years records of all hazardous secondary
materials shipped pursuant to its written contract with the tolling
contractor. Regulatory authorities will use this information to
determine if tolling contractors and manufacturers were in compliance
with the requirements for the tolling exclusion.

Documentation of and Petition Process for Legitimacy

Under EPA’s proposed rule, regulatory authorities will use the
one-time documentation of legitimacy to ensure compliance with 40 CFR
260.43 and to make oversight and enforcement more effective. Persons who
intend to perform the recycling will also be able to assess whether
their hazardous secondary materials are legitimately recycled.

For those rare instances where a facility is recycling legitimately, but
is not meeting factor 3 and/or factor 4 at 40 CFR 260.43, facilities can
use a petition process to request flexibility. The process will allow
the implementing agency to review the site-specific nature of the
recycling practice and ensure that it is legitimate.

Solid Waste Variances and Non-Waste Determinations

The non-waste determination and solid waste variance petition process
provides petitioners with an administrative procedure for receiving a
formal determination that their material is not a solid waste.
Facilities may choose to continue to self-implement the waste
determination requirements of 40 CFR Part 261 and, for the vast majority
of cases, self-implementation will still be the most appropriate
approach. However, for cases where there is ambiguity about whether a
secondary material is a solid waste, this process may provide regulatory
certainty for both the facility and Agency. The proposed revisions to
the non-waste determinations and variances in Part 260 will foster
greater consistency on the part of implementing agencies and help ensure
the protectiveness of the implementation of the solid waste variances
and non-waste determinations.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

None of the information required by the final rule is duplicative with
information required by other existing federal regulations.

3(b)	Public Notice

Pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Agency has notified the public through a Federal Register notice as part
of the proposed rule (see X FR X). As part of this process, EPA solicits
public comment concerning the burden estimates for respondents. EPA
specifically requests comments on the Agency’s need for this
information, the accuracy of the provided burden estimates, and any
suggested methods for minimizing respondent burden, including the use of
automated collection techniques. EPA will consider any comments when an
ICR package is prepared to support the final rule.

3(c)	Consultations

When this ICR supporting statement was prepared, the proposed rule upon
which it was based had not yet been published. Therefore, conducting new
consultations on internal deliberative material with potential
respondents was not appropriate. Nevertheless, in August 2006 and
March-April 2008, EPA contacted a number of hazardous secondary
materials generators and reclamation companies and CHWMEG to solicit
input on the ICR for the 2008 rule. A summary of this input appears in
the supporting statement for EPA ICR No. 2310.01.

The table below identifies the organizations contacted for the 2008 DSW
ICR. Their feedback is reflected in the burden and cost assumptions of
this ICR, as appropriate for requirements that continue under the
proposed 2011 amendments.

Organizations EPA Contacted for ICR Preparation

(August 2006 and March/April 2008)

Name of Organization	Name of Representative	Phone Number

Alcoa Corporation	Gary Crouth<PHONE_NUMBER>

CHWMEG	Jeff Sacre<PHONE_NUMBER>

Ford Motor Company	Susan Rokosz<PHONE_NUMBER>

Giant Resource Recovery	Stan Ray<PHONE_NUMBER>

Intel Corporation	Cherry Moyer<PHONE_NUMBER>

Monsanto Company	Mary Shaffer<PHONE_NUMBER>

Safety Kleen Systems, Incorporated	Mike Fusco and Lin Longshore
610-558-3186

Veolia ES Technical Solutions (formerly Onyx Environmental Services)
Thomas Baker<PHONE_NUMBER>

3(d)	Effects of Less Frequent Collection

EPA has considered the information collection burden imposed by the 2008
DSW rule and the proposed 2011 amendments. EPA is confident that those
activities required of respondents are necessary, and to the extent
possible, the Agency has attempted to minimize the burden imposed. A
number of the required activities, for example, will be performed once
(e.g., one-time certifications). In addition, other requirements can be
satisfied by activities already being undertaken by respondents. For
example, EPA has found that responsible generators currently evaluate
prospective reclaimers and thus could complete the reclamation plan
required by the rule. If the minimum information collection requirements
of the rule are not met, EPA will not be able to ensure that the
hazardous secondary materials are being properly managed and do not pose
a threat to human health and the environment.

3(e)	General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act
of 1995, OMB’s implementing regulations at 5 CFR 1320, EPA’s ICR
Handbook, and other applicable EPA and OMB guidance.

3(f)	Confidentiality

Participation under the exclusions is voluntary. EPA does not expect to
deem any information collected under the rule to be CBI (Confidential
Business Information). If such a claim were asserted, EPA must and will
treat the information in accordance with the applicable regulations
(e.g., 40 CFR Part 2, Subpart B). EPA also will assure that this
information collection complies with the Privacy Act of 1974 and OMB
Circular 108.

3(g)	Sensitive Questions

No questions of a sensitive nature are included in the information
collection requirements associated with the rule.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents and NAICS Codes

Entities potentially affected by the proposed DSW rule include
facilities (depending on the regulatory option(s) selected) in industry
sectors that generate or recycle hazardous secondary materials that are
(1) currently regulated as RCRA Subtitle C hazardous wastes; (2)
hazardous secondary materials currently excluded under the 2008 DSW
rule; or (3) hazardous secondary materials currently excluded from RCRA
Subtitle C under other solid waste exclusions. The following is a list
of North American Industry Classification System (NAICS) codes
associated with industries most likely affected by the paperwork
requirements covered in this ICR.

NAICS Codes of Potentially Affected Industries

Industry Sector	NAICS Codes

Agriculture, Forestry, Fishing and Hunting	11

Mining		21

Utilities	22

Construction	23

Manufacturing	31

Manufacturing	32

Manufacturing	33

Wholesale Trade	42

Retail Trade	44, 45

Transportation	48, 49

Information	51

Finance and Insurance	52

Real Estate, Rental, Leasing	53

Professional, Scientific & Technical Services	54

Management of Companies and Enterprises	55

Administrative Support, Waste Management & Remediation	56

Educational Services	61

Health Care & Social Assistance	62

Arts, Entertainment, Recreation	71

Accommodation and Food Services	72

Other Services	81

Public Administration	92

4(b)	Information Requested

Option 1: Withdraw the 2008 DSW Exclusion for Offsite Transfer Recycling

Under this option, the 2008 DSW exclusion at 40 CFR 261.4(a)(24) and
(25) for hazardous secondary materials that are transferred offsite for
the purpose of reclamation is withdrawn and replaced with alternative
RCRA Subtitle C regulations for hazardous recyclable materials under
Option 2. As such, this option does not include specific paperwork
requirements, but is included here to inform respondents that the
related 2008 provisions no longer apply.

Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008
DSW Offsite Transfer Recycling Exclusion

EPA is proposing alternative requirements for hazardous recyclable
materials, which would require compliance with current RCRA Subtitle C
requirements, including manifesting and hazardous waste permits for
storage, except that generators may accumulate hazardous recyclable
materials for up to a year without a RCRA permit if the generator makes
advance arrangements for legitimate reclamation and documents those
arrangements in a reclamation plan. Under part 266 subpart D Hazardous
Recyclable Materials standards, large quantity generators and small
quantity generators of hazardous recyclable materials will need to meet
the alternative requirements including the elements of (1) notification,
(2) a reclamation plan, (3) management standards, (4) a contingency
plan, (5) emergency procedures, and (6) transportation.

Notification

(i)	Data items

Notification using EPA Form 8700-12 including:

The name, address and EPA ID number of the facility;

The name and telephone number of a contact person;

The NAICS (North American Industry Classification System) code of the
facility;

The regulatory citation under which the hazardous recyclable materials
will be managed (i.e., 40 CFR part 266 subpart D)

When the facility expects to begin managing the hazardous recyclable
materials in accordance with the alternative standard;

A list of hazardous recyclable materials that will be managed according
to the new standard (reported as the EPA hazardous waste codes that
would apply if the hazardous recyclable materials were managed as
hazardous waste);

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

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

(ii)	Respondent activities

Prepare and submit a notification prior to operating under alternative
Subtitle C standard

Update and submit notification by March 1 of each even-numbered year
after initial notification

Update and submit notification that hazardous recyclable materials are
no longer managed in accordance with the alternative Subtitle C
standard, within 30 days after ceasing operations

Reclamation Plan

(i)	Data items

Reclamation plan that:

Describes the hazardous recyclable material(s) and identifies the
reclamation facility where the material will be sent;

Includes written confirmation from the facility that they are able to
reclaim the hazardous recyclable material;

Documents the amount of hazardous recyclable material expected in each
shipment and the anticipated frequency of shipments; and

Documents that the reclamation is legitimate per 40 CFR 260.43.

(ii)	Respondent activities

Make advance arrangements for reclamation

Prepare a reclamation plan

Maintain reclamation plan on-site for at least three years from the date
the generator ceases to operate under the alternative standards

Submit plan to EPA (only upon request)

Conduct state review and approval of advance arrangement documentation

Management Standards

(i)	Data items

Labels and compliance documentation:

Labels on each container and tank with the speculative accumulation
start date, and reference to “hazardous recyclable materials”
(instead of “hazardous waste”)

Procedures, such as posting of accumulation dates or entering dates in
inventory logs, to ensure against speculative accumulation in other
units not amenable to labeling

(ii)	Respondent activities

Prepare and affix labels, or other acceptable notification, on
containers and tanks with hazardous recyclable materials

Prepare procedures to ensure waste is stored no more than one year and a
maximum accumulation volume is two standard shipments

Document that storage procedures are satisfied

Contingency and Emergency Plans

(i)	Data items

Contingency and emergency plans:

Spill control/contingency plan including personnel training and a
chemical analysis plan, or existing plans developed for other statutes
(if applicable)

(ii)	Respondent activities

Collect and maintain job-related data, including job titles for each
position and the name of each person filling each job, a written job
description and necessary qualifications for each position, and the
training given to the individual filling that position

Under contingency planning requirements, generators must:

Collect data required in contingency plan;

Document whether authorities decline arrangement;

Write contingency plan;

Maintain contingency plan;

Submit contingency plan to relevant emergency centers; and

Amend contingency plan, when appropriate

Under emergency procedure requirements, generators must:

Observe scene of hazardous waste discharge;

Report by phone requested data for NRC;

Document that local officials declines to enter into arrangements for
coordinating response; and

Providing post-emergency information by phone

Under certification of compliance, generators must:

Collect information required in emergency notification report;

Write emergency notification report;

Submit report to Regional Administrator or state; and

Compile information demonstrating compliance

Conduct state review of contingency plan

Transportation

(i)	Data items

Records or hazardous waste manifest for off-site shipments pursuant to
40 CFR part 262 subparts B and C

(ii)	Respondent activities

Meet all the applicable pre-transportation requirements for hazardous
waste generators under 40 CFR part 262 subparts B and C, including the
need to package, label and placard the materials in accordance with
Department of Transportation standards, as applicable to large or small
quantity generators, and prepare a hazardous waste manifest

Under a proposed alternative manifest system, follow established
manifest procedures (e.g., filling out the manifest, record-keeping and
procedures for rejected shipments) using a manifest labeled “hazardous
recyclable materials manifest” pursuant to conforming changes to 40
CFR §§262.20, 262.21, 262.40(a), 262.42, the appendix to part 262,
§§263.20, 263.22, 264.71, 264.72, 265.71 and 265.72, plus 49 CFR 171.8
(DOT regulations). This activity would be covered under EPA ICR 801:
Requirements for Generators, Transporters, & Waste Management Facilities
Under the RCRA Hazardous Waste Manifest System.

Continuation of RCRA Permits

(i)	Data items

RCRA Part B renewal application

(ii)	Respondent activities

Read the regulations

Complete and submit Part B renewal application

Option 3: Revise the 2008 DSW Exclusion for Generator-Controlled
Recycling

EPA is proposing to retain the exclusion for hazardous secondary
materials reclaimed under the control of the generator with certain
revisions, including (1) adding a regulatory definition of
“contained” to 40 CFR 260.10; (2) making notification a condition of
the exclusion; (3) adding a recordkeeping requirement for speculative
accumulation in 40 CFR 261.1(c)(8); and (4) adding a recordkeeping
requirement for reclamation under toll manufacturing agreements in 40
CFR 261.4(a)(23)(i)(C).

Notification and certification requirements described in 2008 are
maintained under EPA’s proposed rule. 40 CFR 260.42(a) provides that
facilities managing materials that are excluded from regulation under
section 261.2(a)(2)(ii) or section 261.4(a)(23) must send a notification
prior to operating under the exclusion(s) and by March 1 of each even
numbered year thereafter to the Regional Administrator using EPA Form
8700-12 that includes the specified information at section
260.42(a)(1)-(10). Section 260.42(b) provides that, if a facility has
submitted a notification, but then subsequently stops managing materials
in accordance with the exclusion(s), the facility must notify the
Regional Administrator within thirty (30) days using EPA Form 8700-12.
Certification requirements for the generator-controlled exclusion are in
40 CFR 260.10.

Notification

(i)	Data items

Notification using EPA Form 8700-12

(ii)	Respondent activities

Prepare and submit a notification prior to operating under the
generator-controlled exclusion

Update and submit notification by March 1 of each even-numbered year
after initial notification

Update and submit notification that hazardous secondary materials are no
longer managed in accordance with the generator-controlled exclusion,
within 30 days after ceasing operations

Certifications

(i)	Data items

A certification from the generator stating one of the following:

“On behalf of [insert generator facility name], I certify that this
facility will send the indicated hazardous secondary material to [insert
reclaimer facility name], which is controlled by [insert generator
facility name] and that [insert the name of either facility] has
acknowledged full responsibility for the safe management of the
hazardous secondary material;” or

“On behalf of [insert generator facility name], I certify that this
facility will send the indicated hazardous secondary material to [insert
reclaimer facility name], that both facilities are under common control,
and that [insert name of either facility] has acknowledged full
responsibility for the safe management of the hazardous secondary
material.”

A certification from the tolling contractor stating the following: “On
behalf of [insert tolling contractor name], I certify that [insert
tolling contractor name] has a written contract with [insert toll
manufacturer name] to manufacture [insert name of product or
intermediate] which is made from specified unused materials, and that
[insert tolling contractor name] will reclaim the hazardous secondary
materials generated during this manufacture. On behalf of [insert
tolling contractor name], I also certify that [insert tolling contractor
name] retains ownership of, and responsibility for, the hazardous
secondary materials that are generated during the course of the
manufacture, including any releases of hazardous secondary materials
that occur during the manufacturing process.”

(ii)	Respondent activities

The generator (including tolling contractor) must prepare the
certification.

Speculative Accumulation Recordkeeping and Labeling

(i)	Data items

Labels on containers indicating the first date that the excluded
hazardous secondary material began to be accumulated

Inventory log indicating the first date that the excluded hazardous
secondary material began to be accumulated and demonstrating that at
least 75% by weight or volume of material being recycled is transferred
to a different site for recycling in a calendar year (as required by 40
CFR 261.1(c)(8))

(ii)	Respondent activities

Label containers in satellite accumulation area with start date

Label containers in accumulation area with start date

Document in an inventory log the first date that the excluded hazardous
secondary material began to be accumulated and that at least 75% by
weight or volume of material being recycled is transferred to a
different site for recycling in a calendar year

Recordkeeping Requirement for DSW Excluded Recycling Under Toll
Manufacturing Agreements

(i)	Data items

Routine business records (e.g., financial records, bills of lading,
copies of DOT shipping papers, or electronic confirmations) or new
records that contain:

The name of the transporter;

The date of the shipment; and

The type and quantity of the hazardous secondary material shipped or
received pursuant to the written contract.

(ii)	Respondent activities

Prepare and maintain at the tolling contractor facility, for no less
than three years, records of all hazardous secondary materials received
pursuant to the written contract with the tolling manufacturer

Prepare and maintain at the tolling manufacturer facility, for no less
than three years, records of all hazardous secondary materials shipped
pursuant to its written contract with the tolling contractor

Option 4: Revise the 2008 DSW Definition of “Legitimate” Recycling

EPA is proposing revisions to the definition of legitimacy in 40 CFR
260.43, including (1) applying the codified definition to all recycling
activities regulated under 40 CFR 260–266; (2) making all legitimacy
factors mandatory, with a petition process for the rare instance that a
factor is not met but the recycling is still legitimate; and (3)
requiring documentation of legitimacy.

Legitimacy Codified and Mandatory for All Recycling

EPA requires all four recycling legitimacy factors be met by each
facility including: (1) useful contribution, (2) valuable product or
intermediate, (3) managed as a valuable commodity, and (4) comparison of
toxics in the product.

(i)	Data items

Legitimacy petition:

Includes a narrative description of how the facility’s recycling
process addresses each of the four legitimacy factors

Explains how the recycling process does not meet factor 3 or factor 4 or
both and why the recycling should nevertheless be determined to be
legitimate (if applicable)

Provides a detailed description of the relevant process and hazardous
secondary materials, including, where applicable, material flow charts
or diagrams, or other information the implementing agency may request

Notification using EPA Form 8700-12

Public notice of state petition determination

Legitimacy documentation:

Certification statement using either in-house employer audits, outside
vendors, or readily available information

A narrative description, which could include photographs or other
illustrations of how the recycling of their hazardous secondary
materials meets all four factors of legitimate recycling

(ii)	Respondent activities

Prepare and submit upon request legitimacy documentation to prove
recycling practice meets all four legitimacy factors, including:

How the hazardous secondary materials provide a useful contribution to
the recycling process;

How the product of the recycling activity—whether it is a product or
process intermediate—is valuable;

How the generator or the recycler manages the hazardous secondary
materials as a valuable commodity; and

How the levels of any hazardous constituents in the product made from
hazardous secondary materials are comparable to or lower than those in
analogous products made from virgin materials

Conduct sampling and analyses to characterize hazardous secondary
material

If one (or more) of the factors is not being met, submit a legitimacy
petition and receive approval from the implementing agency that the
recycling is legitimate

Conduct state implementing authority review of legitimacy petition,
following the same procedures already in place for variances from solid
waste, variances to be classified as a boiler, and for non-waste
determinations in §260.33

Notify public of state determinations on legitimacy, including
accessible information on the Internet

Upon receiving a legitimacy variance, include variance information in
the appropriate place of the RCRA Site ID Form (EPA Form 8700-12), and
confirm that the process has not changed by re-notifying every two
years, through the RCRA Site ID Form

Maintain records of legitimacy variance as part of a facility’s
legitimacy documentation

Option 5: Revise the 2008 DSW Non-Waste Determination Petition Process
and Modify the 1985 Partial Recycling Variance

For these options, EPA is proposing the following changes to the
existing regulation of solid waste variances at 40 CFR 260.31(c), 40 CFR
260.33, and 40 CFR 260.34:

Revise 40 CFR 260.33(c) to require facilities to re-apply for a variance
in the event of a change in circumstances that affects how a material
meets the criteria upon which a solid waste variance has been based;

Add a provision at 40 CFR 260.33(d) stating that facilities receiving a
variance or non-waste determination must provide notification as
required by § 260.42 of this chapter;

Revise the criteria for the partial reclamation variance in 40 CFR
260.31(c) to more clearly explain when the variance applies and to
require, among other things, that the criteria for this variance must be
reviewed and evaluated collectively, since each criterion reinforces and
supports other criterion;

Revise the criteria for the non-waste determination in 40 CFR 260.34 to
require that petitioners explain or demonstrate why their hazardous
secondary materials cannot meet, or should not have to meet, the
existing DSW exclusions under §§ 261.2 or 261.4; and

Designate the Regional Administrator as the EPA recipient of petitions
for variance and non-waste determinations.

Variance From Classification as a Solid Waste (260.31(c) and 260.33(a))

Under current 40 CFR 260.31(c), the Regional Administrator may grant a
request for a variance for such materials if, after initial reclamation,
the resulting material is commodity-like. The determination that a
partially reclaimed material is commodity-like is made using six
factors. Proposed revisions to these factors are as follows (including
the elimination of factor 6 or “other relevant factors”):

Whether the degree of partial reclamation the material has undergone is
substantial;

Whether the partially-reclaimed material has sufficient economic value
that it will be purchased for final reclamation;

Whether the partially-reclaimed material is a viable substitute for a
product or intermediate, produced from virgin or raw materials, which
feeds subsequent production steps;

Whether there is a guaranteed end market for the partially-reclaimed
material; and

Whether the partially-reclaimed material is handled to minimize loss.

(i)	Data items

Application under section 260.31(c)

Notification using EPA Form 8700-12

 (ii)	Respondent activities

Review and evaluate all revised factors collectively

Re-notify EPA or the State Director, if the state is authorized for this
aspect of the rule, every two years by March 1 of each even-numbered
year

Review online list of facilities receiving variances, including any
supporting documentation upon which a determination has been made

Prepare and re-apply for a variance in the event that the material no
longer meets the relevant criteria, pursuant to 40 CFR 260.33(c)

Non-Waste Determinations under 40 CFR 260.34

Under current 40 CFR 260.30, persons may apply for a non-waste
determination in order to receive a formal determination that their
hazardous secondary materials are not discarded and, therefore, are not
solid wastes when legitimately reclaimed. There are two types of
non-waste determinations: (1) a determination for hazardous secondary
materials reclaimed in a continuous industrial process; and (2) a
determination for hazardous secondary materials indistinguishable in all
relevant aspects from a product or intermediate. Each non-waste
determination is based on a set of criteria that is codified in 40 CFR
260.34.

(i)	Data items

Application under section 260.34(b) for a non-waste determination for
hazardous secondary material which is reclaimed in a continuous
industrial process. The application must demonstrate that the material
is a part of the production process and is not discarded and address the
EPA criteria.

Application under section 260.34(c) for a non-waste determination for
hazardous secondary material which is indistinguishable in all relevant
aspects from a product or intermediate. The application must demonstrate
that the hazardous secondary material is comparable to a product or
intermediate and is not discarded, and address the EPA criteria.

Notification using EPA Form 8700-12

(ii)	Respondent activities

Prepare and submit applications under sections 260.34(b) and (c)

For facilities applying for a non-waste determination, explain or
demonstrate why they cannot meet, or should not have to meet, the
existing DSW exclusions under §§ 261.2 or 261.4

For facilities receiving non-waste determinations, re-notify EPA or the
State Director, if the state is authorized for this aspect of the rule,
every two years by March 1 of each even-numbered year

Review online list of facilities receiving variances, including any
supporting documentation upon which a determination has been made

Option 6: Add a New “Re-Manufacturing” DSW Exclusion

EPA is proposing that all of the following conditions will need to be
satisfied for eligibility under a re-manufacturing exclusion:

The hazardous secondary material consists of one or more of the
following solvents: toluene, xylenes, ethylbenzene,
1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl
tert-butyl ether, acetonitrile, chloroform, chloromethane,
dichloromethane, methyl isobutyl ketone, N,N-dimethylformamide,
tetrahydrofuran, n-butyl alcohol, ethanol, and methanol;

The hazardous secondary material originated from using one or more of
the above-listed solvents in commercial grade for reacting, extracting,
purifying, or blending chemicals in the pharmaceutical, organic
chemical, or plastics and resins manufacturing sectors, or the paint and
coatings sector;

After re-manufacturing, the continuing use of the solvent is limited to
reacting, extracting, purifying, or blending chemicals in the
pharmaceutical, organic chemical, or plastics and resins manufacturing
sectors, or the paint and coatings sector, or using them as ingredients
in a product. These allowed continuing uses correspond to chemical
functional uses enumerated under the proposed modification to the
Inventory Update Rule of the Toxic Substances Control Act (40 CFR Parts
704, 710–711), including Industrial Function Codes U015 (solvents
consumed in a reaction to produce other chemicals) and U030 (solvents
become part of the mixture); and

After re-manufacturing, the continuing use of the solvent does not
involve cleaning or degreasing oil, grease, or similar material from
textiles, glassware, metal surfaces, or other articles (i.e., disallowed
continuing uses that correspond to chemical functional uses in
Industrial Function Code U029 under the proposed modification of the
Inventory Update Rule of the Toxics Substances Control Act).

 (i)	Data items

Re-manufacturing exclusion:

Notification using EPA Form 8700-12

Re-manufacturing plan including:

Information on the types and expected annual volumes of solvents to be
re-manufactured;

The processes and industry sectors that generate the solvents;

The specific uses and industry sectors for the re-manufactured solvents;
and

The legitimacy of the re-manufacturing process

Records of shipments and confirmation of receipts

Management in tanks and containers

Prior to re-manufacturing, includes labels on the tanks and containers
or a record of the material being stored

No speculative accumulation

See requirements prohibiting speculative accumulation per 40 CFR
261.1(c)(8)

Petition to add other chemicals, industries, and/or chemical functions
to the remanufacturing exclusion (includes a waste characterization
test)

(ii)	Respondent activities

Re-manufacturing exclusion:

Both the hazardous secondary material generator and the re-manufacturer
will have to:

Notify EPA or the State Director, if the state is authorized for the
program, and update the notification every two years per 40 CFR 260.42;

Develop and maintain a re-manufacturing plan;

Maintain records of shipments and confirmations of receipts for a period
of three years from the dates of the shipments;

Prior to re-manufacturing, store the hazardous spent solvents in tanks
or containers that meet technical standards that would be the same as
those found in 40 CFR part 264 subparts I and J, with the tanks and
containers being labeled or otherwise having an immediately available
record of the material being stored. During re-manufacturing, and during
storage of the hazardous secondary materials prior to re-manufacturing,
ensure that there is effective control of hazardous air emissions by
complying with all applicable NESHAP standards, and with the
requirements of 40 CFR part 264 or 265 subparts AA, BB, CC. This
activity would be covered under existing EPA ICRs 1572: Hazardous Waste
Specific Unit Requirements and Special Waste Processes and Types, 820:
Hazardous Waste Generator Standards and 1593: Air Emission Standards for
Tanks, Surface Impoundment and Containers; and

Meet the requirements prohibiting speculative accumulation per 40 CFR
261.1(c)(8)

Petition process:

Prepare and submit a petition for adding to the eligibility criteria
(e.g., adding industries, adding chemicals) of the exclusion

Option 7: Revise the Pre-2008 DSW Recycling Exclusions

EPA is proposing revisions that would affect other definition of solid
waste exclusions and hazardous waste exemptions for recyclable
materials. These possible revisions include (1) recordkeeping for
speculative accumulation in all cases; (2) requiring facilities to
re-notify every two years with updated information on their operating
status under the various exclusions and exemptions; and (3) containment
standards for excluded hazardous secondary material.

(i)	Data items

Notification using EPA Form 8700-12

Recordkeeping for Speculative Accumulation

Label on the storage unit indicating the first date that the excluded
hazardous secondary material began to be accumulated; or

Inventory log to demonstrate that at least 75% by weight or volume of
material being recycled is transferred to a different site for recycling
in a calendar year.

(ii)	Respondent activities

Reading the revised regulations to understand and comply with the new
requirements

Notify EPA or the State Director, if the state is authorized for the
program, and update the notification by March 1 of each even-numbered
year per 40 CFR 260.42

Update and submit notification that hazardous recyclable materials are
no longer managed in accordance with the alternative Subtitle C
standard, within 30 days after ceasing operations

Generators will have to label and perform any recordkeeping associated
with operating a speculative accumulation storage area.

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

5(a)	Agency Activities

Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008
DSW Offsite Transfer Recycling Exclusion

Notification

Receive, review, and file initial notifications

Receive, review, and file biennial notifications

Receive, review, and file discontinuation notifications

Reclamation Plan

Receive, review, and file reclamation plan (if requested by agency)

Contingency Plan and Emergency Planning Procedures

Review contingency plan (if requested by agency)

Emergency Procedures

Review submitted release report information

Enter information into database tracking all releases

Transmit information to respective response authorities

Receive, review, and file notification of compliance regarding affected
release area

Transportation

Review exception reports, discrepancy reports, and unmanifested waste
reports (see EPA ICR No. 801)

Continuation of RCRA Permits

Conduct agency activities related to the following Part B permit
provisions covered by EPA ICR No. 1573:

General Information (270.1)

Permit Application (270.10(j))

General Requirements (270.14(a))

General Facility Standards (270.14(b) (15-16))

Financial Assurance ((270.14(b) (15)-(16))

Other Part B Requirements (270.14(b) (19), (21))

Ground-water Protection (270.14(c) (1)-(8))

Solid Waste Management Units (270.14(d))

Containers (270.15)

Tank Systems (270.16)

Transfer of Permits (270.40(b))

Permit Modifications at the Request of the Agency (270.41)

Permit Modifications at the Request of the Permittee (270.42(a)-(d))

Temporary Authorizations (270.42(e))

Expiration and Continuation of Permits (270.50-270.51)

Option 4: Revise the 2008 DSW Definition of “Legitimate” Recycling

Legitimacy Petition

Review the legitimacy petitions

Request additional information if necessary

Deliberate and issue draft determination

Publicize draft determination

Hold hearing, if required

Review comments and make final determination

Receive, Review and File Biennial Notifications

Legitimacy Documentation

Evaluate Legitimacy Documentation (if requested by Agency)

Option 5: Revise the 2008 DSW Non-Waste Determination Petition Process
and Modify the 1985 Partial Recycling Variance

Re-Application  if Material No Longer Meets Relevant Criteria

Receive, review, and file re-application

Re-Notification

Receive, review, and file biennial notifications

Receive, , review, and file discontinuation notifications

Provide online public access to a list (including supporting
documentation) of facilities receiving non-waste determinations

Variance from Classification as a Solid Waste (260.31(c) and 260.33(a))

Review the variance demonstration

Request additional information if necessary

Deliberate and issue draft determination

Publicize draft determination

Hold hearing, if required

Review comments and make final determination

Non-Waste Determination

Review the non-waste determination application

Request additional information if necessary

Deliberate and issue draft determination

Publicize draft determination

Hold hearing, if required

Review comments and make final determination

Change to Non-Waste Determination

Evaluate and approve/deny re-application

Option 6: Add a New “Re-Manufacturing” DSW Exclusion

Petition Process

Review the petition

Request additional information if necessary

Deliberate and issue draft determination

Publicize draft determination

Hold hearing, if required

Review comments and make final determination

Notification

Receive, review, and file initial notifications

Receive, review, and file biennial notifications

Receive, review, and file discontinuation notifications

Technical Standards

Conduct agency activities related to EPA ICR No. 1572 (Hazardous Waste
Specific Unit Requirements and Special Waste Processes and Types) for
additional facilities

NESHAP Standards

Conduct agency activities related to pollution standards covered by EPA
ICR Nos. 820 (Hazardous Waste Generator Standards) and 1593 (Air
Emission Standards for Tanks, Surface Impoundment and Containers)

Option 7: Revise the Pre-2008 DSW Recycling Exclusions

Notification

Receive, review, and file initial notifications

Receive, review, and file biennial notifications

Receive, review, and file discontinuation notifications

5(b)	Collection Methodology and Management

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

5(c)	Small Entity Flexibility

The exclusions maintained in the proposed rule from the 2008 final rule
are voluntary and deregulatory. As such, there is no adverse burden
impact to large or small entities. Where EPA is proposing to impose new
requirements, the burden is less than or similar to the requirements
that existed before the 2008 DSW rule.

5(d)	Collection Schedule

Under EPA’s proposed alternative Subtitle C regulation for hazardous
recyclable materials, generators would be required to submit a
notification prior to operating under this standard and by March 1 of
each even-numbered year thereafter to the EPA Regional Administrator
using EPA Form 8700-12. A claimant that submitted a notification but
then subsequently stops managing hazardous recyclable materials in
accordance with the exclusion must submit notification to EPA within 30
days. Similar requirements apply to facilities that seek exclusion for
hazardous secondary materials that are legitimately reclaimed under the
control of the generator; solid waste variances and non-waste
determinations; and re-manufacturing exclusion. For the exclusion for
hazardous secondary materials that are legitimately reclaimed under the
control of the generator, generators also prepare a one-time
certification under 40 CFR 260.10.

No schedule is required for applications for non-waste determinations.
The applicant must re-apply for non-waste determinations, in the event
of a change in circumstances that affects how a hazardous secondary
material meets the relevant criteria contained in section 260.34 upon
which a non-waste determination has been based.

 	No schedule is required for other applications and petitions under
this rule, but are prepared and submitted on a case-specific basis.

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Burden Hours

Exhibit 1 provides estimates of the respondent hourly burden associated
with the proposed rule’s paperwork requirements. Exhibit 1 includes
burden hours (total and by labor type) per respondent, as well as the
overall burden hours for all respondents.

6(b)	Estimating Respondent Costs

Exhibit 1 provides estimates of the annual respondent costs associated
with the rule’s paperwork requirements. These costs are based on the
cost of labor, capital, and operation and maintenance (O&M).

(1)	Labor Costs

The labor wage rates used to estimate costs to respondents were
calculated as shown in the following table. The loaded 2009 average wage
rates were then inflated to 2011 dollars using the Employment Cost Index
(ECI) for professional, scientific, and technical services, to yield
$133.55 for legal; $101.82 for managerial; $69.41 for technical; and
$24.70 for clerical.

Using the total burden hours discussed in Section 6(a) and the hourly
wage rates outlined in this section, Exhibit 1 estimates the labor costs
associated with the information collection requirements covered in this
ICR.

Respondent Labor

Based on 2009 NAICS Codes 31, 32, 33 Manufacturing Sector Loaded Hourly
Wage Rates

A	B	C	D	E	F

[C x (1+D) x (1+E)]	G

Labor Category	US Bureau of Labor Statistics Standard Occupational
Category (SOC) Code	Non-loaded

2009 average (mean) wage rate ($ per hour)	Fringe benefits loading
multiplier	Overhead loading multiplier	Loaded

2009 average wage rate ($ per hour)	Loaded 2011 average wage rate ($ per
hour)

1. Legal	SOC 23-1011 lawyers	$76.05	(34.1%) /

(100% - 34.1%)	12%	$129.25	$133.55

2. Managerial	SOC 11-1021 general & operations managers	$57.98	(34.1%) /

(100% - 34.1%)	12%	$98.54	$101.82

3. Technical	SOC 17-2081 environmental engineers	$39.53	(34.1%) /

(100% - 34.1%)	12%	$67.18	$69.41

4. Clerical	SOC 43-9061 office clerks, general	$14.07	(34.1%) /

(100% - 34.1%)	12%	$23.91	$24.70

Data sources:

Column A: Four labor categories applied to EPA-OSWER ICRs (Information
Collection Requests).

Column B: SOC codes selection by professional judgment of SOC codes
broadly relevant to all EPA-OSWER-ORCR ICRs, by Mark Eads, Economist,
EPA-OSWER-ORCR.

Column C: Based on manufacturing sector NAICS codes 31, 32, 33, which
constitutes 89% of RCRA hazardous waste annual tonnage generated in the
top-50 industries which generate RCRA-regulated hazardous waste,
according to the data in Exhibit 1.9 of EPA’s 2009 “National
Analysis: The National Biennial RCRA Hazardous Waste Report” at
HYPERLINK
"http://www.epa.gov/waste/inforesources/data/br09/national09.pdf"
http://www.epa.gov/waste/inforesources/data/br09/national09.pdf .
Unloaded hourly mean wage rates for May 2009 from the Bureau of Labor
Statistics (BLS) NAICS code 31, 32, 33 manufacturing sector wages
website at   HYPERLINK "http://www.bls.gov/oes/current/naics2_31-33.htm"
\l "43-0000" http://www.bls.gov/oes/current/naics2_31-33.htm#43-0000

Column D: Manufacturing industry group fringe benefits percentage of
34.1% from “Table 6. Private industry, by major industry group” of
the US Bureau of Labor Statistics (BLS) “Employer Costs for Employee
Compensation” (ECEC), December 2010 at   HYPERLINK
"http://www.bls.gov/schedule/archives/eci_nr.htm"
http://www.bls.gov/schedule/archives/eci_nr.htm

Column E: In absence of data specific to industry, applied 12% Federal
civilian overhead cost factor from Figure C1 of the 29 May 2003 OMB
Circular A-76 at
http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/

(2)	Capital Costs

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

(3)	Operation & Maintenance Costs

O&M costs are those costs associated with a paperwork requirement
incurred continually over the life of the ICR. They are defined by the
Paperwork Reduction Act of 1995 as “the recurring dollar amount of
costs associated with O&M or purchasing services.” This ICR includes
O&M costs for postage (i.e., $0.44 for regular mail, $2.85 for certified
mail, and $10.75 for registered mail). The ICR includes a fixed cost of
$22.83 for respondents in preparing and submitting legitimacy petitions,
preparing and submitting petitions under the proposed re-manufacturing
exclusion, and applying for non-waste determinations. A figure of $22.00
is given in EPA’s 2008 ICR 2310.01, and was updated to 2011 dollars
using the Bureau of Labor Statistics Consumer Price Index.

Based on figures presented in the 2011 RIA, updated to 2011 dollars
using the Bureau of Labor Statistics Consumer Price Index, this ICR uses
$646.66 for in-house employee travel to perform due diligence for
legitimacy documentation under 40 CFR part 266 subpart C as well as
$3,233.31 for the same documentation to be prepared by an outside
vendor.  The ICR estimates (based on the 2011 RIA) that sampling and
analytical costs for a hazardous secondary material characterization are
$306.09 per sample. The ICR includes a $0.11 cost for making copies of
plans (from the 2011 RIA). Also, EPA assumes O&M costs of $5.19 per long
distance call, based on the estimate given in EPA’s 2008 ICR No.
820.10 (Hazardous Waste Generator Standards), updated to 2011 dollars
using the Bureau of Labor Statistics Consumer Price Index. The ICR
includes a $25.87 unit O&M cost based on EPA’s 2007 ICR No. 1189.20 to
prepare and submit a re-application and to provide additional
information on whether partial reclamation is substantial.

6(c)	Estimating Agency Hour and Cost Burden

The final rule will be administered by RCRA-authorized State government
regulatory programs. Unloaded mean hourly labor wage rates for States’
activities were taken from the Bureau of Labor Statistics’ (BLS)
Occupational Employment Statistics from “May 2009 National
Industry-Specific Occupational Employment and Wage Estimates” for
State Government (NAICS 999200). EPA then multiplied the rates by the
fringe benefits (34.4%) and an overhead factor of 12% (see table below).
The wages were then inflated to 2011 dollars using the ECI for public
administration for state and local government employees. Based on this,
EPA estimated the following average loaded hourly wage rates for
government labor: $70.07 per hour for legal staff, $65.36 per hour for
managerial staff, $56.30 per hour for technical staff, and $26.74 per
hour for clerical staff. Hour and cost burden to regulators is estimated
in Exhibit 4.

Agency Labor

Based on 2009 State Government Loaded Hourly Wage Rates

A	B	C	D	E	F

[C x (1+D) x (1+E)]	G

Labor Category	US Bureau of Labor Statistics Standard Occupational
Category (SOC) Code	Non-loaded

2009 average (mean) wage rate ($ per hour)	Fringe benefits loading
multiplier	Overhead loading multiplier	Loaded

2009 average wage rate ($ per hour)	Loaded 2011 average wage rate ($ per
hour)

1. Legal	SOC 23-1011 lawyers	$39.78	(34.4%) /

(100% - 34.4%)	12%	$67.92	$70.07

2. Managerial	SOC 11-1021 general & operations managers	$37.11	(34.4%) /

(100% - 34.4%)	12%	$63.36	$65.36

3. Technical	SOC 17-2081 environmental engineers	$31.96	(34.4%) /

(100% - 34.4%)	12%	$54.57	$56.30

4. Clerical	SOC 43-9061 office clerks, general	$15.18	(34.4%) /

(100% - 34.4%)	12%	$25.92	$26.74

Data sources:

Column A: Four labor categories applied to EPA-OSWER ICRs (Information
Collection Requests).

Column B: SOC codes selection by professional judgment of SOC codes
broadly relevant to all EPA-OSWER-ORCR ICRs, by Mark Eads, Economist,
EPA-OSWER-ORCR.

Column C: Unloaded wage rates for May 2009 from the Bureau of Labor
Statistics (BLS) state government wages (NAICS 999200) website at
http://www.bls.gov/oes/current/naics4_999200.htm

Column D: 34.4% fringe benefits percentage from “Table 3. State and
local government, by major occupational and industry group” of the US
Bureau of Labor Statistics (BLS) “Employer Costs for Employee
Compensation” (ECEC), December 2010 at
http://www.bls.gov/schedule/archives/eci_nr.htm

Column E: In absence of data specific to state governments, applied 12%
Federal civilian overhead cost factor from Figure C1 of the 29 May 2003
OMB Circular A-76
http://www.whitehouse.gov/omb/circulars_a076_a76_incl_tech_correction/

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

In this section, EPA first describes the estimated respondent universe
under the rule. EPA then estimates the annual burden to respondents
under the proposed rule’s paperwork requirements. Finally, EPA
estimates the burden impacts to respondents under existing RCRA
paperwork requirements.

(1)	Respondent Universe

EPA obtained most of the respondent universe estimates for this ICR from
EPA’s 2011 Regulatory Impact Analysis (RIA) for this rulemaking. The
RIA estimates the number of affected industries and entities based on
analysis of EPA’s 2007 RCRA Hazardous Waste Report data. Following are
the primary respondent universe estimates that are used in this ICR:

79 generators will participate in the alternative Subtitle C regulation
for hazardous recyclable materials for offsite transfer recycling
exclusion by meeting the new requirements under 40 CFR 266 subpart D.
This figure is obtained by apportioning the estimate that 21 facilities
that will adopt the exclusion each year, among the off-site
transfer-based exclusion, generator-controlled exclusion, and
re-manufacturing exclusion. In the 49 notifications to date, 24 out 49
(49%) are transfer-based exclusions. The number of facilities eligible
for the off-site transfer-based exclusion is 4,656. Of this total, 201
(4.3%) are eligible under the proposed remanufacturing exclusion and the
remaining 4,455 (95.7%) are eligible under the proposed Alternative
Subtitle C Standards for hazardous Recyclable Material (numbers obtained
from Exhibits 4E and 5G of the RIA). Over 8 years (2009 to 2016),
assuming 21 facilities notifying/year, 49% of notifications that are
transfer-based exclusions, and 95.7% that are eligible under Alternative
Subtitle C Standards, the total is 79 facilities).

86 generators will generate and reclaim their hazardous secondary
materials under the control of the generator under section
261.2(a)(2)(ii) or 261.4(a)(23). This figure is obtained by apportioning
the estimate that 21 facilities that will adopt the exclusion each year
among the off-site transfer-based exclusion, generator-controlled
exclusion, and re-manufacturing exclusion. In the 49 notifications to
date, 25 out 49 (51%) are generator-controlled exclusions. Over 8 years
(2009 to 2016), assuming 21 facilities notifying/year and 51% of
notifications that are generator-controlled exclusions, the total is 86
facilities). Of these generators, EPA estimates that 29 will ship under
a tolling arrangement. This estimate is based on the proportion of
generators shipping under a tolling arrangement in Exhibit 4E of the
RIA.

168 generators will incur additional recordkeeping costs under new
requirements making all legitimacy factors mandatory for recycling under
the 2008 DSW Final Rule. This figure is based on the estimate that a
total of 21 facilities that will adopt either the Alternative Subtitle C
Standards for Hazardous Recyclable Materials, the generator-controlled,
or re-manufacturing exclusion each year. (8 years (2009 to 2016) x 21
new facilities notifying/year = 168 facilities). Facilities eligible for
the proposed re-manufacturing exclusion are not excluded here (as they
are in the estimate for generators participating in the Alternative
Subtitle C Standards for Hazardous Recyclable Materials), because they
will also be required to meet the legitimacy factors.  In addition,
5,321 generators utilizing the pre-2008 exclusions (Exhibit 3L of RIA)
and 4,932 hazardous waste generators recycling under RCRA Subtitle C
that do not notify under the 2008 DSW exclusions (4,656 off-site
transfer recyclers + 277 on-site recyclers + 168 facilities adopting
either the Alternative Subtitle C Standards, generator-control1ed, or
re-manufacturing exclusions = 4,932 hazardous waste recyclers) are
subject to the new requirements making legitimacy factors mandatory for
recycling (10,253 total).

7 applicants will submit a petition for non-waste determination under
section 260.34 to EPA each year, as described on page 42 of EPA’s RIA
for the 2008 Final Rule Amendments to the Industrial Recycling
Exclusions of the RCRA Definition of Solid Waste.

4 partial reclamation variance applications are submitted annually under
40 CFR 260.31(c). This estimate is based on EPA’s 2011 RIA for this
rulemaking. The RIA estimated a low and high scenario of zero and eight
applications, respectively, which EPA averaged to four for this ICR.

4 generators will generate and reclaim their hazardous secondary
materials under the proposed re-manufacturing exclusion. This figure is
obtained by apportioning the estimate that 21 facilities that will adopt
exclusions each year among the off-site transfer-based exclusion,
generator-controlled exclusion, and re-manufacturing exclusion. Based on
the 49 notifications to date, 24 out 49 (49%) are transfer-based
exclusions. The number of facilities eligible for the off-site
transfer-based exclusion is 4,656. Of this total, 201 (4.3%) are
eligible under the proposed remanufacturing exclusion and the remaining
4,455 (95.7%) are eligible under the proposed Alternative Subtitle C
Standards for hazardous Recyclable Material (numbers obtained from
Exhibits 4E and 5G of the RIA). Over 8 years (2009 to 2016), assuming 21
facilities notifying/year,49% of notifications that are transfer-based
exclusions, and 4.3% that are eligible under remanufacturing exclusion,
the total is 4 facilities.

5,321 generators utilize the pre-2008 generator exclusions. This
estimate is based on Exhibit 3L of the RIA, which builds upon
information on generators of TRI recycled wastes containing toxic
chemicals. Moreover, the population of generators is limited to NAICS
associated with the pre-2008 exclusions. Because not all TRI recycled
wastes containing toxic chemicals will necessarily qualify as RCRA
hazardous waste if not recycled, this may be an overestimate of the
pre-2008 generator exclusion population.

Generators operating under the Alternative Subtitle C Standard for
Hazardous Recyclable Materials under Section 266 subpart D and the
proposed re-manufacturing exclusion will produce an average of 10.6
shipments per facility per year over the period 2015-2017. This estimate
is based on the number of shipments associated with exclusions from the
2008 revisions to the Definition of Solid Waste presented in Exhibit 4G
of the RIA. This is calculated by dividing the 887,457 affected tons for
Exclusion 2 in Exhibit 4G of the 2011 RIA by the 4,656 Exclusion 2
facilities in Exhibit 4E of the RIA, and then dividing by an estimated
average of 18 tons per truck load or shipment.

(2)	Annual Respondent Burden under Proposed Rule

Option 2: Implement Alternative RCRA Subtitle C Regulation for the 2008
DSW Offsite Transfer Recycling Exclusion

EPA estimates that 79 generators will be eligible for the Alternative
Subtitle C Standard for Hazardous Recyclable Materials during the period
2015-2017 covered by this ICR. This calculation is described in greater
detail in Section 6(d)(1) of this ICR.

Notification

EPA estimates that 79 generators will be required to prepare and submit
notifications under the proposed Alternative Subtitle C Standard for
Hazardous Recyclable Materials, and to update and re-notify on a
biennial basis thereafter. Because initial notification and biennial
re-notification are activities that will each only occur once over the
three-year period covered by the ICR, EPA has annualized the number of
generators over the life of the ICR, to an annual estimate of 26
facilities per activity.

Based on EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition
of Solid Waste), EPA estimates that, each year, five percent of the 79
generators (4) will re-notify because they stopped operating under the
exclusion.

Based on the burden estimate provided in the RIA for EPA’s 2011
Proposed Revisions to the Industrial Recycling Exclusions of the RCRA
Definition of Solid Waste, burden per respondent for each of these three
notification activities is estimated to be equivalent to burden for
notification requirements in EPA’s 2008 ICR No. 2310.01 (Revisions to
the RCRA Definition of Solid Waste).

These assumptions are reflected in Exhibit 1.

Reclamation Plan

Reclamation plans are prepared by the generator for each reclaimer used.
EPA estimates an average of one reclaimer per generator. Based on this
information, EPA estimates that 79 generators will be required to make
advance arrangements for reclamation and to prepare a reclamation plan
in accordance with the proposed Alternative Subtitle C Standard for
Hazardous Recyclable Materials. Because these are both one-time
activities, EPA has annualized the number of generators over the life of
the ICR, to an annual estimate of 26 facilities.

Generators will be required to maintain this plan on-site for three
years, and therefore the equivalent of one-third of generators (26) will
perform this activity on an annual basis.

EPA estimates that generators will submit contractual arrangements with
every twentieth shipment. Because each generator will ship an average of
10.6 shipments per year, an average of 53% of facilities (42) will be
required to submit contractual arrangements in a single year.

Based on the burden estimate provided in the RIA for EPA’s 2011
Proposed Revisions to the Industrial Recycling Exclusions of the RCRA
Definition of Solid Waste, burden per respondent for each of these four
reclamation plan activities is estimated based on proxy costs from
EPA’s 2008 ICR 0820.10. Because the RIA provides a single estimate of
burden to prepare and submit of 1.9 hours of labor, but only a fraction
of facilities will be required to submit, EPA estimates, based on EPA
ICR 0820.10, that submission will require 0.16 hours of this labor and
preparation will encompass the remaining 1.74 hours.

These assumptions are reflected in Exhibit 1.

Labeling and Compliance Management Standards

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 79 generators will be required to label containers in
primary and satellite accumulation areas under the proposed Alternative
Subtitle C Standard for Hazardous Recyclable Materials.

EPA estimates that 79 facilities must prepare procedures to ensure
compliance with the 360-day accumulation limit and with the maximum
accumulation volume of two shipments and document that these procedures
are satisfied. Preparing procedures only occurs once, and therefore an
annualized equivalent of 26 facilities perform this activity in the
three-year ICR period. Documentation is an annual activity.

The RIA for EPA’s 2011 Proposed Revisions to the Industrial Recycling
Exclusions of the RCRA Definition of Solid Waste did not estimate the
costs associated with these four activities. Burden per respondent for
labeling containers is assumed to be equivalent to burden for labeling
containers for LQGs given in EPA’s 2008 ICR No. 0820.10 (Hazardous
Waste Generator Standards (Renewal)). Burdens per respondent for
preparing procedures to ensure compliance with the 360-day accumulation
limit and with the maximum accumulation volume of two standard shipments
and to document compliance are assumed to be equivalent to burden for
preparing procedures to ensure compliance with the one year accumulation
limit and documenting that those procedures are satisfied under the
speculative accumulation provisions of the proposed revisions to the
pre-2008 DSW exclusions, as described in the 2011 RIA for this
rulemaking .

These assumptions are reflected in Exhibit 1.

Large Quantity Generator Requirements

EPA assumes the proportion of the 79 facilities operating under the
proposed Alternative Subtitle C Standard for Hazardous Recyclable
Materials that are large quantity generators will be similar to the
proportion of large quantity generators in the total count of facilities
transferring offsite as given in the RIA for EPA’s 2011 Proposed
Revisions to the Industrial Recycling Exclusions of the RCRA Definition
of Solid Waste (2,811 out of 3,996). Applying this proportion, 56
facilities are large quantity generators.

Large quantity generators will be required to comply with four sets of
requirements, describe in further detail below.

Personnel Training

Although the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste did not
specifically estimate costs associated with personnel training, EPA
estimated that two activities, collecting job-related data and
maintaining that information at the facility, would be completed once
every ten years, on average, similar to other large quantity generator
requirements under the Alternative Subtitle C Standard for Hazardous
Recyclable Materials. Therefore, 6 out of 56 large quantity generators
are expected to complete each of these activities on an annual basis.

Burden for these two personnel training activities is assumed to be
similar to burden for personnel training given in EPA’s 2008 ICR
0820.10 (Hazardous Waste Generator Standards (Renewal)).

These assumptions are reflected in Exhibit 1.

Contingency Plan and Planning Procedures

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimated that contingency planning activities would be completed once
every ten years, on average. Therefore, 6 out of 56 large quantity
generators would complete each of these six activities on an annual
basis. EPA estimated burden per respondent according to estimates given
in the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste. These
assumptions are reflected in Exhibit 1.

Emergency Procedures

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimated that emergency planning activities would be completed once
every ten years, on average. Therefore, 6 out of 56 large quantity
generators would complete each of these three activities on an annual
basis. EPA estimated burden per respondent according to estimates given
in the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste. These
assumptions are reflected in Exhibit 1.

Notice of Compliance

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimated that generators would complete notices of compliance once
every ten years, on average. Therefore, 6 out of 56 large quantity
generators would complete each of these four activities on an annual
basis. EPA estimated burden per respondent according to estimates given
in the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste. These
assumptions are reflected in Exhibit 1.

Small Quantity Generator Requirements

EPA assumes the proportion of the 79 facilities operating under the
proposed Alternative Subtitle C Standard for Hazardous Recyclable
Materials that are small quantity generators will be similar to the
proportion of small quantity generators in the total count of facilities
transferring offsite given in the RIA for EPA’s 2011 Proposed
Revisions to the Industrial Recycling Exclusions of the RCRA Definition
of Solid Waste (1,185 out of 3,996).  Applying this proportion, 23
facilities are small quantity generators.

Small quantity generators will be required to comply with three sets of
requirements, described in further detail below.

Personnel Training

Although the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste did not
specifically estimate costs associated with personnel training, EPA
estimated that that two activities, collecting job-related data and
maintaining that information at the facility, would be completed once
every ten years, on average, similar to other small quantity generator
requirements under the Alternative Subtitle C Standard for Hazardous
Recyclable Materials. Therefore, 2 out of 23 small quantity generators
would complete each of these activities on an annual basis.

Burden for these two personnel training activities is assumed to be
similar to burden for personnel training given in EPA’s 2008 ICR No.
0820.10 (Hazardous Waste Generator Standards (Renewal)).

These assumptions are reflected in Exhibit 1.

Emergency Procedures

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimated that emergency planning activities would be completed once
every ten years, on average. Therefore, 2 out of 23 small quantity
generators would complete each of these four activities on an annual
basis. EPA estimated burden per respondent according to estimates given
in the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste. These
assumptions are reflected in Exhibit 1.

Notice of Compliance

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimated that generators would complete notices of compliance once
every ten years, on average. Therefore, 2 out of 23  quantity generators
would complete each of these four activities on an annual basis. EPA
estimated burden per respondent would be two thirds of the burden per
respondent for large quantity generators, based on the same assumption
given in the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste. These
assumptions are reflected in Exhibit 1.

Manifest Requirements

Respondents will be required to comply with the manifest requirements
found detailed in EPA ICR 801 (Requirements for Generators,
Transporters, & Waste Management Facilities under the RCRA Hazardous
Waste Manifest System). This burden is estimated in Exhibit 3.

Treatment, Storage and Disposal Facility Requirements

Based on Exhibit 3A of the RIA for EPA’s 2011 Proposed Revisions to
the Industrial Recycling Exclusions of the RCRA Definition of Solid
Waste, EPA estimates that 189 treatment, storage and disposal facilities
applying for the transfer-based exclusion will be required to read the
relevant regulations and submit a Part B renewal application to continue
their RCRA permits. They will complete these two activities once every
ten years, and therefore 19 facilities will complete them on an annual
basis. Burden per respondent for each of these activities is assumed to
be equivalent to burden estimate for Expiration and Continuation of
Permits in EPA’s 2010 ICR No. 1573.12 (Part B Permit Application,
Permit Modifications, and Special Permits). These assumptions are
reflected in Exhibit 1.

Option 3: Revise the 2008 DSW Exclusion for Generator-Controlled
Recycling

EPA estimates that 86 generators will be eligible for the DSW exclusion
for generator-controlled recycling during the period 2015-2017 covered
by this ICR. This calculation is described in greater detail in Section
6(d)(1) of this ICR.

Recordkeeping and Speculative Accumulation

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 86 generators will be required to label containers in
primary and satellite accumulation areas under the revised
generator-controlled exclusion.

EPA assumes the proportion of the 86 facilities that are large and small
quantity generators will be similar to the proportion of large and small
quantity generators in the total count of facilities transferring
offsite (2,811 and 1,185 out of 3,996, respectively). Applying this
proportion, 60 facilities are large quantity generators and 26
facilities are small quantity generators. EPA assumes that large
quantity generators will require more time for labeling than small
quantity generators due to the scale of their respective operations.

EPA estimates that all 86 facilities must document compliance with the
360 day accumulation limit and with the maximum accumulation volume of
two shipments.

The RIA for EPA’s 2011 Proposed Revisions to the Industrial Recycling
Exclusions of the RCRA Definition of Solid Waste did not estimate the
costs associated with these three activities. Burden per respondent for
labeling containers is assumed to be equivalent to burden for labeling
containers for LQGs and SQGs given in EPA’s 2008 ICR No. 0820.10
(Hazardous Waste Generator Standards (Renewal)). EPA assumes burden per
respondent for keeping inventory logs demonstrating that at least 75% of
material by weight or volume is transferred to a different site for
recycling each calendar year to be equivalent to the burden for
documenting that storage procedures are satisfied under the speculative
accumulation provisions of the proposed revisions to the pre-2008 DSW
exclusions, as described in the 2011 RIA for this rulemaking.

These assumptions are reflected in Exhibit 1.

Recordkeeping for the Tolling Provision

EPA estimates that 29 generators operating under the exclusions at
261.2(a)(2)(ii) and 261.4(a)(23) each partner with a tolling
manufacturer. Both the generator and the contractor must maintain
records of all hazardous secondary materials shipped pursuant to the
tolling arrangement.

EPA estimates that burden per respondent for these recordkeeping
requirements will be similar to recordkeeping requirements for
generators operating under the exclusion at 40 CFR 261.4(a)(24) given in
EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid
Waste).

These assumptions are reflected in Exhibit 1.

Option 4: Revise the 2008 DSW Definition of “Legitimate” Recycling

EPA estimates that 10,253 facilities will perform new recordkeeping
activities as a result of the codification of legitimacy factors for all
recycling and that 513 facilities will perform new recordkeeping
activities as a result of making all legitimacy factors mandatory. This
calculation is described in greater detail in Section 6(d)(1) of this
ICR supporting statement.

Legitimacy Codified for All Recycling

Facilities must prepare either submit a legitimacy petition or document
legitimacy of recycling meeting the requirements specified in 40 CFR
260.43.

Legitimacy Documentation

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA assumes
that 10,253 facilities will need to document legitimacy of recycling and
prepare a certification statement. EPA estimates that one-third will
choose to do this using an in-house employee audit, one third will
choose to do this using an outside vendor, and one third will choose to
use readily available information (3,418 facilities in each category).
Because this activity occurs only once in the three year ICR period, the
annual equivalent number of facilities is 1,139.

Facilities will also be required to repeat these efforts at least once
every three years. However, EPA assumes that no facilities will repeat
these efforts more frequently than once every three years, and therefore
no facilities will be required to repeat these efforts between 2015 and
2017.

Facilities will be required to maintain documentation and certification
for three years and to make this information available upon request. EPA
assumes that one-third of the burden falls on each year of the
three-year period, and therefore that an equivalent of one-third of the
10,253 facilities (3,418) will perform this activity annually. Based on
pages 107 and 108 of EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA
Definition of Solid Waste), EPA assumes that 60% of facilities do not
currently perform similar activities as part of standard business
practices and that 30% of facilities will be required to submit
documents. Therefore, 1,846 facilities will be required to submit this
information.

EPA estimated burden per respondent for legitimacy documentation
according to estimates given in the RIA for EPA’s 2011 Proposed
Revisions to the Industrial Recycling Exclusions of the RCRA Definition
of Solid Waste, which were based on EPA’s 2008 ICR No. 2310.01
(Revisions to the RCRA Definition of Solid Waste). These assumptions are
reflected in Exhibit 1.

All Legitimacy Factors Mandatory

Legitimacy Petition

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA assumes
that only 5% (513) of the 10,253 facilities will prepare and submit a
legitimacy petition, and that these facilities will modify a product,
production process, or recycling every five years, requiring a new
submission. On an annualized basis, this represents a total of 103
facilities. EPA estimated burden per respondent according to estimates
given in the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, which were
based on EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition
of Solid Waste). These assumptions are reflected in Exhibit 1.

Option 5: Revise the 2008 DSW Non-Waste Determination Petition Process
and Modify the 1985 Partial Recycling Variance

EPA estimates that four generators will apply for the 1985 partial
recycling variance and seven will apply for non-waste determinations
under the 2008 petition process during the period 2015-2017 covered by
this ICR. This calculation is described in greater detail in Section
6(d)(1) of this ICR.

Re-Application if Material No Longer Meets Non-Waste or Variance
Criteria

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that there will be an average of seven new non-waste
determinations per year under the 2008 petition process, for a total of
56 during the ICR period 2015-2017, of which 5% will need to re-apply
during the ICR period (3). EPA also estimates that there will be four
variance re-applications annually under 40 CFR 260.33(c). Burden per
facility for the non-waste determination is assumed to be equivalent to
burden for re-application for non-waste determination in EPA ICR No.
2310.01 (Revisions to the RCRA Definition of Solid Waste). Burden per
facility for the partial recycling variance is assumed to be equivalent
to burden for application for this variance in existing EPA ICR No.
1189.20 (Identification, Listing and Rulemaking Petitions). These
assumptions are reflected in Exhibit 1.

Re-Notification for Solid Waste Variances and Non-Waste Determinations

Facilities with either a solid waste variance or a non-waste
determination will need to re-notify every even-numbered year under the
proposed revisions to 40 CFR 260.33(d). This includes the four annual
solid waste variances and seven annual non-waste determinations
described in the RIA for EPA’s 2011 Proposed Revisions to the
Industrial Recycling Exclusions of the RCRA Definition of Solid Waste.
Since re-notification will only occur in even-numbered years, of which
only one occurs between 2015 and 2017, an average of one-third of these
11 notifiers (4) will notify on an annual basis.

Based on EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition
of Solid Waste), EPA estimates that, each year, five percent of entities
(0.6) will re-notify because they stopped operating under the exclusion.

EPA estimates that burden per respondent for these two re-notification
activities will be similar to the cost to re-notify for a non-waste
determination given in EPA’s 2008 ICR No. 2310.01 (Revisions to the
RCRA Definition of Solid Waste).

These assumptions are reflected in Exhibit 1.

Revisions to Partial Reclamation Variance

Facilities applying for partial reclamation variances will be required
to meet a revised list of five factors to obtain the variance. EPA
estimates that there are an average of four variance applications
annually under 40 CFR 260.31(c), based on the RIA for EPA’s 2011
Proposed Revisions to the Industrial Recycling Exclusions of the RCRA
Definition of Solid Waste , and the facilities applying for these
variances will be required to document that their applications meet
these five factors. Because the revisions involve clarifications of
existing factors and removal of a sixth factor, EPA estimates burden per
activity for each applicant for the five remaining factors remains the
same as burden given in existing EPA ICR No. 1189.20 (Identification,
Listing and Rulemaking Petitions). These assumptions are reflected in
Exhibit 1.

Change to Non-Waste Determination Process

Facilities seeking a non-waste determination under 40 CFR 260.34 will be
required to demonstrate why they cannot or should not meet existing
exclusions to the definition of solid waste. EPA estimates seven
facilities will seek non-waste determinations each year. EPA estimates
burden per activity for each applicant is similar to the burden given
for providing information about “other relevant factors” for a
partial reclamation variance under existing EPA ICR No. 1189.20
(Identification, Listing and Rulemaking Petitions). These assumptions
are reflected in Exhibit 1.

Option 6: Add a New “Re-Manufacturing” DSW Exclusion

EPA estimates that four generators will apply for the proposed
re-manufacturing exclusion. This calculation is described in greater
detail in Section 6(d)(1) of this ICR.

Petition Process

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that five percent of the 4 eligible generators in
re-manufacturing NAICS codes described in the RIA will file a petition
to add chemicals or industrial and/or chemical functions to the
exclusion, which will also require sampling and analytical costs to
document hazardous secondary material characterization. The assumptions
underlying the estimated number of generators is described in greater
detail in Section 6(d)(1) of this ICR (Respondent Universe). Also based
on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that these petitions are submitted an average of once every
five years. On an annual basis, 0.04 facilities will perform each of
these two activities.

EPA estimated burden per respondent according to estimates given in the
RIA for EPA’s 2011 Proposed Revisions to the Industrial Recycling
Exclusions of the RCRA Definition of Solid Waste. These assumptions are
reflected in Exhibit 1.

Generator

Notification

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 4 eligible generators in manufacturing NAICS codes will
submit initial notification prior to re-use under the re-manufacturing
exclusion over three years. On an annual basis, this is the equivalent
of one notification. These generators will be required to re-submit on
subsequent even-numbered years, of which there is one during the period
2015-2017, indicating that these same four generators will re-submit
during that year, or an average of one generator per year over the
period 2015-2017.

Based on EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition
of Solid Waste), EPA estimates that, each year, five percent of
generators (0.2) will re-notify because they stopped operating under the
exclusion.

EPA estimates that burden per respondent for these three notification
activities will be similar to the cost to notify under a 2008 DSW
exclusion given in EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA
Definition of Solid Waste).

These assumptions are reflected in Exhibit 1.

Re-manufacturing Plan

Re-manufacturing plans are prepared by the generator and the
re-manufacturer. EPA assumes each of the four generators will work with
a single re-manufacturer. Based on this information, EPA estimates that
one generator per year will be required to make advance arrangements for
re-manufacturing and to prepare a re-manufacturing plan in accordance
with the proposed re-manufacturing exemption.

Generators will be required to maintain this plan on-site for three
years, and therefore the equivalent of one-third of generators (1) will
perform this activity on an annual basis.

EPA estimates that generators will submit contractual arrangements with
every twentieth shipment. Because each generator will ship an average of
10.6 shipments per year, an average of 53% of facilities (2) will be
required to submit contractual arrangements in a single year.

Although the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste did not
estimate burden for these requirements, EPA estimates burden per
respondent for each of these four re-manufacturing plan activities to be
equivalent to burden for notification of intent to export in EPA’s
2008 ICR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)),
similar to reclamation plan requirements under the proposed  Alternative
Subtitle C Standard for Hazardous Recyclable Materials described
previously in this chapter.

These assumptions are reflected in Exhibit 1.

Record of Shipments and Confirmations of Receipts

Facilities operating under the proposed re-manufacturing exclusion will
be required to maintain records of shipments and confirmations of
receipts for a three-year period from the date of shipment. EPA
estimates that 4 eligible facilities will be required to maintain these
records over three years, and that each facility will produce 10.6
shipments per year. On an annual basis, one facility will produce a
total of 10.6 shipments per year and will perform each of these two
activities with each shipment.

EPA estimates that burden per respondent for these recordkeeping
requirements will be similar to recordkeeping requirements for
generators operating under the exclusion at 40 CFR 261.4(a)(24) given in
EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid
Waste).

These assumptions are reflected in Exhibit 1.

Management in Tanks and Containers

EPA estimates that the 4 facilities operating under the proposed
re-manufacturing exclusion will be required to label or record in a log
materials stored in tanks or containers prior to manufacturing. This
cost is estimated on an annual basis and is assumed to require a similar
level of effort to documenting compliance with accumulation limitation
provisions of the proposed Alternative Subtitle C Standard for Hazardous
Recyclable Materials, described previously in this section. These
assumptions are reflected in Exhibit 1.

No Speculative Accumulation

EPA assumes that all facilities eligible for the proposed
re-manufacturing exclusion are already required to comply with the
speculative accumulation provisions of RCRA Subtitle C. Therefore, no
additional facilities will be required to comply with these provisions.
This assumption is reflected in Exhibit 1.

Technical Standards and NESHAPs

Generators will be required to comply with technical standards covered
by existing EPA ICR 1572: Hazardous Waste Specific Unit Requirements and
Special Waste Processes and Types and with air pollution standards
covered by existing EPA ICRs 820: Hazardous Waste Generator Standards
and 1593: Air Emission Standards for Tanks, Surface Impoundment and
Containers. This burden is estimated in Exhibit 3.

Re-Manufacturer

Notification

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 4 eligible re-manufacturers in manufacturing NAICS codes
will submit initial notification prior to re-use under the
re-manufacturing exclusion over three years. On an annual basis, this is
the equivalent of one notification. These re-manufacturers will be
required to re-submit on subsequent even-numbered years, of which there
is one during the ICR period 2015-2017, indicating that these same four
re-manufacturers will re-submit during that year, or an average of one
re-manufacturer per year over the period 2015-2017.

Based on EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition
of Solid Waste), EPA estimates that, each year, five percent of
re-manufacturers (0.2) will re-notify because they stopped operating
under the exclusion.

EPA estimates that burden per respondent for these three notification
activities will be similar to the cost to notify under a 2008 DSW
exclusion given in EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA
Definition of Solid Waste).

These assumptions are reflected in Exhibit 1.

Re-manufacturing Plan

Re-manufacturing plans are prepared by the generator and the
re-manufacturer. EPA assumes the number of re-manufacturers is
equivalent to the number of generators. Based on this information, EPA
estimates that one re-manufacturer per year will be required to make
advance arrangements with a generator and to prepare a re-manufacturing
plan in accordance with the proposed re-manufacturing exemption.

Re-manufacturers will be required to maintain this plan on-site for
three years, and therefore the equivalent of one-third of
re-manufacturers (1) will perform this activity on an annual basis.

EPA estimates that re-manufacturers will submit contractual arrangements
with every twentieth shipment. Because each generator will ship an
average of 10.6 shipments per year, and the number of generators and
re-manufacturers is assumed to be equal, an average of 53% of facilities
(2) will be required to submit contractual arrangements in a single
year.

Although the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste did not
estimate burden for these requirements, EPA estimates burden per
respondent for each of these four re-manufacturing plan activities to be
equivalent to burden for notification of intent to export in EPA’s
2008 ICR No. 0820.10 (Hazardous Waste Generator Standards (Renewal)),
similar to reclamation plan requirements under the proposed Alternative
Subtitle C Standard for Hazardous Recyclable Materials described
previously in this chapter.

These assumptions are reflected in Exhibit 1.

Record of Shipments and Confirmations of Receipts

Re-manufacturers operating under the proposed re-manufacturing exclusion
will be required to maintain records of shipments and confirmations of
receipts for a three-year period from the date of shipment. EPA
estimates that 4 eligible facilities will be required to maintain these
records over three years, and that each facility will produce 10.6
shipments per year. On an annual basis, one re-manufacturer will produce
a total of 10.6 shipments per year. These assumptions are reflected in
Exhibit 1.

EPA estimates that burden per respondent for these recordkeeping
requirements will be similar to recordkeeping requirements for
generators operating under the exclusion at 40 CFR 261.4(a)(24) given in
EPA’s 2008 ICR No. 2310.01 (Revisions to the RCRA Definition of Solid
Waste).

Management in Tanks and Containers

EPA estimates that the 4 re-manufacturers operating under the proposed
re-manufacturing exclusion will be required to label or record in a log
materials stored in tanks or containers prior to re-manufacturing. This
cost is estimated on an annual basis and is assumed to require a similar
level of effort to documenting compliance with accumulation limitation
provisions of the proposed Alternative Subtitle C Standard for Hazardous
Recyclable Materials. These assumptions are reflected in Exhibit 1.

No Speculative Accumulation

EPA assumes that all re-manufacturers eligible for the proposed
re-manufacturing exclusion are already required to comply with the
speculative accumulation provisions of RCRA Subtitle C. Therefore, no
additional facilities will be required to comply with these provisions.
This assumption is reflected in Exhibit 1.

Technical Standards and NESHAPs

Generators will be required to comply with technical standards covered
by existing EPA ICR 1572: Hazardous Waste Specific Unit Requirements and
Special Waste Processes and Types and with air pollution standards
covered by existing EPA ICRs 820: Hazardous Waste Generator Standards
and 1593: Air Emission Standards for Tanks, Surface Impoundment and
Containers. This burden is estimated in Exhibit 3.

Option 7: Revise the Pre-2008 DSW Recycling Exclusions

EPA estimates that 5,321 facilities eligible for pre-2008 DSW recycling
exclusions will be affected by the proposed revisions. This calculation
is described in greater detail in Section 6(d)(1) of this ICR.

Contained Standard

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 5,321 facilities will be required to expend time reading
the rule to comply with new requirements, and that changeover in staff
and/or refreshing existing staff will occur approximately once every
three years, annually this includes 1,774 facilities. The burden
estimate per respondent for this activity is also based on the 2011 RIA.
These assumptions are reflected in Exhibit 1.

Notification

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 5,321 eligible generators in will submit initial
notification prior to operating under an existing exclusion over three
years. Since initial notification is a one-time event, EPA annualized
the number of facilities over the life of the ICR to 1,774
notifications. These generators will be required to re-submit on
subsequent even-numbered years, of which there is one during the period
2015-2017, indicating that the same 5,321 generators will re-submit
during that year, which EPA annualized to 1,774 generators per year over
the period 2015-2017.

Based on the 2011 RIA, EPA estimates that each year, five percent of the
5,321 generators (266) will re-notify because they stopped operating
under an exclusion.

EPA estimates that burden per respondent for these three notification
activities will be similar to the cost to notify for a non-waste
determination given in EPA’s 2008 ICR No. 2310.01 (Revisions to the
RCRA Definition of Solid Waste).

These assumptions are reflected in Exhibit 1.

Recordkeeping for Speculative Accumulation

Based on the RIA for EPA’s 2011 Proposed Revisions to the Industrial
Recycling Exclusions of the RCRA Definition of Solid Waste, EPA
estimates that 5,321 facilities will be required to label containers in
satellite and accumulation areas under the proposed revisions to the
pre-2008 DSW Recycling Exclusions.

EPA estimates that 5,321 facilities must demonstrate that no speculative
accumulation is occurring. This includes preparing procedures to ensure
waste is not stored for more than a year and documenting that these
procedures are satisfied, as well as preparing a description of waste
generation and management practices and documenting that the unit is
emptied at least once annually. Documentation is estimated on an annual
basis; preparing procedures and description only occur once each and
therefore the 5,321 facilities are annualized over the three-year ICR
period to 1,774 facilities for these two activities.

The 2011 RIA estimated the burden and costs per respondent for six
activities related to labeling and documentation. The RIA based its
assumptions on EPA’s 2008 ICR No. 0820.10 (Hazardous Waste Generator
Standards (Renewal)).

These assumptions are reflected in Exhibit 1.

(3)	Annual Respondent Hour and Cost Impacts under Existing Paperwork
Requirements

Several requirements are preserved from EPA’s ICR 2310.01 (2008
Revisions to the RCRA Definition of Solid Waste). These include
notification requirements under the generator controlled exclusion,
certifications for generator-controlled recycling, and application and
re-application requirements for non-waste determinations. Hourly burdens
for these requirements were retained from ICR 2310.01, with labor rates
and O&M costs updated to current-year dollars. Respondent burdens for
these requirements are presented in Exhibit 2.

Several new exemptions will require facilities to comply with provisions
of existing RCRA-related ICRs with which they may not already comply. As
a result, these entities will see some burden impacts under the existing
paperwork requirements.

Exhibit 3 presents the total annual burden under the proposed rule’s
paperwork requirements, as well as the annual burden impacts under the
existing paperwork requirements. The impacts under the existing
requirements are presented according to the approved ICR in which the
requirements are addressed. Below is a brief discussion of these ICRs:

2008 Revisions to the RCRA Definition of Solid Waste (EPA ICR No.
2310.01). Respondents and government agencies will no longer need to
comply with the withdrawn 2008 DSW exclusion for offsite transfer
recycling. Nevertheless, the requirements from 2008 that are listed in
Exhibits 2 and 5 continue.

Requirements for Generators, Transporters, and Waste Management
Facilities under the RCRA Hazardous Waste Manifest System (EPA ICR No.
801). EPA estimates that generators operating under the proposed
Alternative Subtitle C Standard for Hazardous Recyclable Materials will
see additional burden due to having to manifest shipments of hazardous
secondary materials transferred offsite.

Hazardous Waste Generator Standards (EPA ICR No. 820). EPA estimates
that generators and re-manufacturers operating under the proposed
re-manufacturing exclusion will see additional burden from complying
with air quality standards.

Hazardous Waste Specific Unit Requirements and Special Waste Processes
and Types (EPA ICR No. 1572). EPA estimates that generators and
re-manufacturers operating under the proposed re-manufacturing exclusion
will see additional burden from complying with technical standards for
tanks and containers.

Air Emission Standards for Tanks, Surface Impoundment and Containers
(EPA ICR No. 1593). EPA estimates that generators and re-manufacturers
operating under the proposed re-manufacturing exclusion will see
additional burden from complying with NESHAP standards for tanks and
containers.

6(e)	Bottom Line Hour and Cost Burden

(1)	Respondent Tally

As shown in Exhibit 3, EPA estimates the total annual burden to
respondents under the new paperwork requirements to be 84,590 hours and
$4,456,294 in O&M costs ($10,277,107, including labor costs). Burden and
costs continuing from the 2008 ICR include 1,046 hours and $187 O&M
($72,614, including labor costs), respectively. The total annual burden
and O&M costs comparable to the 2008 ICR inventory would be 85,635 hours
and $4,456,481, or 256,905 hours and $13,369,443 over three years.

EPA estimates that the proposed 2011 revisions to the DSW rule will also
affect other related ICRs, increasing their annual burden and costs by
1,240 hours and $8,648 O&M ($79,392, including labor costs),
respectively. The total annual respondent burden and cost as a result of
the rule, including impacts to associated ICRs, would be 86,876 hours
and $4,465,129 O&M ($10,429,113, including labor costs), respectively.

Note: The burden estimates in Exhibits 1 through 3 are based on an
assumption that all states will adopt the final rule. EPA notes,
however, that authorized states are not required to adopt the final
rule. Because of this, some states may not adopt it and others may adopt
only parts of it, which would affect the actual burden under the rule.

(2)	Agency Tally

As shown in Exhibit 4, EPA estimates the total annual burden to the
government under the new paperwork requirements to be 43,863 hours and
$1,707 in O&M costs ($2,385,917, including labor costs). Burden and
costs continuing from the 2008 ICR include 1,107 hours and $27 in O&M
($60,225, including labor costs), respectively. The total annual burden
and O&M costs comparable to the 2008 ICR inventory would be 44,971 hours
and $1,734 in O&M costs, or 134,913 hours and $5,202 in O&M costs over
three years.

EPA estimates that the proposed 2011 revisions to the DSW rule will also
affect other related ICRs, increasing their annual burden by 12 hours
($481 labor costs), but no new O&M costs. The total annual agency burden
and cost as a result of the rule, including impacts to associated ICRs,
would be 44,982 hours and $1,734 O&M ($2,444,889, including labor
costs), respectively.

Note: The burden estimates in Exhibits 3 and 4 are based on an
assumption that all states will adopt the final rule. EPA notes,
however, that authorized states are not required to adopt the final
rule. Because of this, some states may not adopt it and others may adopt
only parts of it, which would affect the actual burden under the rule.

6(f)	Reasons for Change in Burden

The table below summarizes the current OMB inventory for the 2008 DSW
ICR, the changes in burden estimated under the 2011 proposed rule, and
the new total burden for this ICR should the proposed revisions to the
DSW rule be finalized.

	Annualized Burden Hours	Annualized Capital and O&M Costs

Current OMB inventory	20,403	$556,562

Change in burden	65,232	$3,899,919

New burden for DSW ICR	85,635	$4,456,481

The change in burden is due primarily to proposed program changes, with
additional adjustments to wages and costs due to inflation. The proposed
revisions to the DSW recycling exclusions are in response to a January
2009 petition submitted to the EPA by the Sierra Club (San Francisco,
CA), claiming potential increases in risks to human health and the
environment associated with recycling of DSW-excluded industrial
hazardous secondary materials. These proposed revisions are intended to
ensure that the exclusions, as implemented, encourage recycling in
industrial operations under conditions necessary to protect human health
and the environment from potential mismanagement of hazardous secondary
materials – e.g., if such hazardous materials destined for recycling
instead become discarded or otherwise mismanaged, resulting in
potentially harmful environmental releases of the hazardous materials.
Some proposed revisions potentially affect EPA’s October 2008 DSW
recycling exclusions, while other proposed revisions potentially affect
pre-2008 DSW recycling exclusions which date between 1985 and 1998.
Following is a brief summary of the proposed revisions:

Option 1 – Withdraw the 2008 DSW Exclusion for Offsite Transfer
Recycling

Option 2 – Implement Alternative RCRA Subtitle C Regulation for
Offsite Transfer Recycling

Option 3 – Revise the 2008 DSW Exclusion for Generator Controlled
Recycling

Option 4 – Revise the 2008 DSW Definition of “Legitimate”
Recycling

Option 5 – Revise the 2008 DSW Non-Waste Determination Petition
Process and Modify the 1985 40 CFR 260.31(c) DSW Variance for Partially
Recycled Materials

Option 6 – Add a new “Re-Manufacturing” DSW Exclusion (aka
“Green Engineering” Exclusion)

Option 7 –	Revise pre-2008 DSW Recycling Exclusions & Exemptions

The proposed rule would also yield an annual respondent burden increase
of 1,240 hours and $8,648 O&M in other related ICRs.

6(g)	Public Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 5 hours per response. Generators
that implement alternative RCRA Subtitle C requirements for offsite
transfer recycling have a new annual reporting burden of 13.9 hours per
response and an average annual recordkeeping burden of 0.9 hour per
response.

Generators that pursue the exclusion for generator controlled recycling
have an average annual recordkeeping burden of 0.4 hours per response
and no reporting burden.

To comply with new requirements regarding legitimate recycling,
respondents that have an average new annual reporting burden of 5.9
hours per response and no recordkeeping burden.

Respondents that pursue solid waste variances and non-waste
determinations have an average new annual reporting burden of 29.8 hours
per response and no recordkeeping burden.

Respondents that pursue the re-manufacturing exclusion have an average
new reporting burden of 1.0 hour per response and an average new annual
recordkeeping burden of 0.2 hour per year.

Respondents that comply with additional new recycling exclusions and
exemptions have an average new reporting burden of 1.3 hours per
response and average new recordkeeping burden of 0.9 hour per response.

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

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-RCRA-2010-0742, which is available for online viewing at
www.regulations.gov, or in person viewing at the Resource Conservation
and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for the
Resource Conservation and Recovery Act (RCRA) Docket is<PHONE_NUMBER>. 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-2010-0742 and OMB Control Number 2050-0202 in any
correspondence.Exhibit 1

Estimated Annual Respondent Hour and Cost Burden - New Paperwork
Requirements

Revisions to the Definition of Solid Waste*

	 	Hours and Costs Per Respondent	Total Hours and Costs

	Legal	Managerial 	Technical	Clerical	 Hours/  Activity	Labor Costs/
Activity	Capital Costs	 O&M Costs	No. of Respond./   Activities	Total
Hours/Year	Total Cost/Year

Information Collection Activity	$133.55	$101.82	$69.41	$24.70

	Alternative Subtitle C Regulation for Hazardous Recyclable Materials
For Offsite Transfer Recycling Exclusion (Option 2)

Notification

Prepare and submit a notification prior to operating under alternative
Subtitle C standard	0.00	0.10	0.30	0.10	0.50	$33.48	$0.00	$0.44	26	13
$893.23

Update and submit notification by March 1 of each even numbered year
thereafter 	0.00	0.00	0.00	0.10	0.10	$2.47	$0.00	$0.44	26	3	$76.63

Update and submit notification that the hazardous secondary materials
are no longer managed in accordance with the the alternative Subtitle C
standard	0.00	0.00	0.00	0.10	0.10	$2.47	$0.00	$0.44	4	0	$11.49

Reclamation Plan