[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74519]
[DOCID:fr12de06-84]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission and Commission Staff Attendance at
Organization of Midwest ISO States Annual Meeting

December 4, 2006.
    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and Commission staff may attend the following
Organization of Midwest ISO States Annual Meeting: December 14, 2006
(11 a.m.-4 p.m.), Midwest ISO Headquarters, 701 City Center Drive,
Carmel, IN 46032.
    The discussions may address matters at issue in the following
proceedings:
    Docket No. ER02-2595, et al., Midwest Independent Transmission
System Operator, Inc.
    Docket No. ER04-375, Midwest Independent Transmission System
Operator, Inc., et al.
    Docket No. ER04-458, et al., Midwest Independent Transmission
System Operator, Inc.
    Docket Nos. ER04-691, EL04-104 and ER04-106, et al., Midwest
Independent Transmission System Operator, Inc., et al.
    Docket No. ER05-6, et al., Midwest Independent Transmission System
Operator, Inc., et al.
    Docket No. ER05-752, Midwest Independent Transmission System
Operator, Inc. and PJM Interconnection, L.L.C.
    Docket No. ER05-1083, et al., Midwest Independent Transmission
System Operator, Inc., et al.
    Docket No. ER05-1085, et al., Midwest Independent Transmission
System Operator, Inc.
    Docket No. ER05-1138, Midwest Independent Transmission System
Operator, Inc.
    Docket No. ER05-1201, Midwest Independent Transmission System
Operator, Inc.
    Docket No. ER05-1230, Midwest Independent Transmission System
Operator, Inc.
    Docket No. EL05-103, Northern Indiana Power Service Co. v. Midwest
Independent Transmission System Operator, Inc. and PJM Interconnection,
L.L.C.
    Docket No. EL05-128, Quest Energy, L.L.C. v. Midwest Independent
Transmission System Operator, Inc.
    Docket No. ER06-18, Midwest Independent Transmission System
Operator, Inc.
    Docket No. ER06-27, Midwest Independent Transmission System
Operator, Inc., et al.
    Docket Nos. EC06-4 and ER06-20, LGE Energy LLC, et al.
    Docket No. ER06-360, et al., Midwest Independent Transmission
System Operator, Inc., et al.
    Docket No. ER06-356, Midwest Independent Transmission System
Operator, Inc.
    Docket No. ER06-532, Midwest Independent Transmission System
Operator, Inc.
    Docket No. EL06-31, Midwest Independent Transmission System
Operator, Inc., et al.
    Docket No. EL06-49, Midwest Independent Transmission System
Operator, Inc., et al.
    Docket No. ER06-56, Midwest Independent Transmission System
Operator, Inc.
    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Markets and reliability, Federal Energy Regulatory Commission at (317)
249-5937 or<EMAIL_ADDRESS>or Christopher Miller, Office of
Energy Markets and Reliability, Federal Energy Regulatory Commission at
(317) 249-5936 or<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E6-21050 Filed 12-11-06; 8:45 am]

BILLING CODE 6717-01-P


The exception report requirements under 40 CFR 262.42 for SQGs are less stringent than those for large quantity generators (LQGs).  A SQG is only required to submit to EPA a legible copy of the manifest with some indication he/she has not received confirmation of delivery and has 60 days to fulfill this requirement.  LQGs, on the other hand, are required to contact the transporter or facility owner/operator if he/she has not received a copy of the manifest within 35 days.  In addition, if 45 days have passed and the LQG still has not received a signed copy of the manifest, he/she must submit a copy of the manifest as well as a cover letter explaining the generator's efforts to locate the hazardous waste.  Hence, the exception report requirements for SQGs are not as burdensome.

	(3)	e-Manifest System Flexibility

The e-Manifest system is designed to maximize flexibility for both large and small entities.  For example, the system offers various methods to simplify the process of preparing and transmitting the electronic manifest.  This includes, for example, allowing a generator to sign and keep a paper copy of the manifest, while allowing the transporter and designated facility to transact the manifest electronically for the shipment (see section 262.24(c)(1)). This would allow the generator to participate in the e-Manifest system without having to comply with electronic signature requirements.  Entities will be able to choose the method that best suits their needs and capabilities.  In addition, the e-Manifest will be optional.  Entities need not use the e-Manifest system if they do not want to.

5D.	Collection Schedule

No information collection in this ICR requires collection by EPA more frequently than quarterly, except that some receiving facilities will likely submit manifest data to the national system more often than quarterly.  For example, 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v) require that, within 30 days of delivery of a shipment, the receiving facility must send a copy of the paper manifest to the e-Manifest system. These provisions were established in accordance with section 2(g)(1)(B) of the Hazardous Waste Electronic Manifest Establishment Act, which authorizes EPA to collect for data processing purposes any paper manifests that continue in use after the implementation of electronic manifests, so that there will be one unified data system managing the data from both electronic and paper manifests.  Under these provisions, a facility that receives shipments each month will be required to submit manifests on a monthly basis.  EPA believes this collection schedule is necessary for several reasons (e.g., to allow for the prompt collection of fees).

6.	ESTIMATE OF BURDEN HOURS & COST

This ICR estimates the total annual respondent and Agency hour and cost burden for all information collection requirements covered in this ICR.  Specifically, this ICR estimates the burden for generators and other waste handlers to use paper manifests for federal hazardous waste.  This includes form completion, transmittal to industry third parties, and recordkeeping.  For simplification, this ICR refers to these activities collectively as the "manifest cycle" because the manifest travels with the shipment from generator to receiving facility.  The facility then confirms shipment receipt by sending a signed copy to the generator (for paper manifests) or transmitting a receipt notification to the generator (for electronic manifests).  This ICR also burdens designated TSDFs/receiving facilities to submit copies to the national system and pay fees for these forms.

This ICR does not estimate the burden to waste handlers for paper manifest cycles involving state hazardous waste. [,] [,]   On the other hand, it estimates facility burden to submit copies and pay fees for these forms.

In addition, this ICR estimates the burden for generators and others to participate in the electronic manifest cycle for federal and state hazardous waste.  It also estimates facility burden to pay fees.

Table 1 summarizes these scope issues for paper and electronic manifests accompanying federal and state hazardous waste.

                                   Table 1
                       Scope of Burden Estimates in ICR
                             Manifest Activities
                                Paper Manifests
                             Electronic Manifests

                                    Federal
                                   Hazardous
                                     Waste
                             State Hazardous Waste
                                    Federal
                                   Hazardous
                                     Waste
                             State Hazardous Waste
Participating in  Manifest Cycle*
                                       x

                                       x
                                       x
Submitting Copies to National System **
                                       x
                                       x

Paying Fees**
                                       x
                                       x
                                       x
                                       x
* This includes form completion, transmittal to industry third parties, and recordkeeping performed by generators, transporters and TSDFs/receiving facilities.
** This is performed by designated TSDFs/receiving facilities.

6A.	Estimating the Respondent Universe

EPA referred to the Regulatory Impact Analysis (RIA) for the final fee rule as a starting point for estimating the respondents (i.e., waste handlers) and manifests subject to this ICR.  EPA then made adjustments as appropriate to analyze specific requirements.

This section first discusses EPA's estimates of waste handlers who manifest federal and state hazardous waste, respectively.  It then presents the full universe of waste handlers and manifests (federal and state) subject to this ICR.

	1) Handlers who Manifest Federal Hazardous Waste

The RIA estimates the annual number of waste handlers that manifest federal hazardous waste.  Because ICRs need not estimate burden for federally owned and operated facilities, EPA eliminated such facilities from the RIA's estimates for use in this ICR.  Table 2 shows the adjusted estimates.  In total, EPA estimates that 58,879 waste handlers will operate under the federal hazardous waste manifest program annually.

                                    Table 2
        Annual Number of Handlers that Manifest Federal Hazardous Waste
                             Type of Waste Handler
                             Number of Facilities
LQGs - Shippers
                                    17,775
Commercial TSDFs  -  Shippers*
                                      412
Captive TSDFs - Shippers
                                      844
SQGs - Shippers (without Reclamation Agreements)
                                    34,623
SQGs - Shippers (with Reclamation Agreements)
                                     4,729
Transporters
                                     496
TSDFs  -  Receivers*
                                      412
Total*
                                    58,879
* This ICR assumes that the "commercial TSDF shippers" ship and receive hazardous waste and are reflected in the estimated number of "TSDFs  -  receivers" in the table.  Therefore this table counts them once to avoid duplication.

The RIA also estimates the average number of manifests prepared by each generator annually for federal hazardous waste.  Based on these data, this ICR estimates that 1.5 million manifests are involved in paper and electronic manifest cycles for federal hazardous waste annually, as reflected in Table 3.

                                    Table 3
       Annual Number of Manifests Accompanying Federal Hazardous Waste*
                               Type of Generator
                              Number of Generator
          Average Annual Number of Manifests Completed per Generator
                  Total Annual Number of Manifests Completed
LQGs - Shippers
                                    17,775
                                      54
                                    959,850
Commercial TSDFs - Shippers
                                      412
                                      277
                                    114,124
Captive TSDFs - Shippers
                                      844
                                      26
                                    21,944
SQGs - Shippers (without Reclamation Agreements)
                                    34,623
                                      12
                                    415,476
Total
                                    53,654
                                      28
                                   1,511,394
*Table includes rounding error.

Table 4 shows the annual adoption rate for the e-Manifest as estimated in the RIA.  This adoption rate is used in this ICR to estimate the number of electronic and paper manifests annually for manifests accompanying federal and state waste.  Further, EPA expects electronic manifests to be signed using either of two methods.  One involves use of a PIN/Password (e.g., a witnessed signature approach).  The other involves use of a digitized signature.  This ICR estimates that 75% of electronic manifests will be signed using a PIN/Password while the remaining 25% will be signed using a digitized signature.

                                    Table 4
                      Annual Adoption Rate for e-Manifest
                               Type of Manifest
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average
Paper manifests
                                      95%
                                      75%
                                      45%
                                      72%
Electronic manifests
                                      5%
                                      25%
                                      55%
                                      28%

Based on the above data, Table 5 estimates the annual number of paper and electronic manifests accompanying federal hazardous waste (as well as the respective number of electronic manifests signed by PIN/Password or digitized electronic signature) during each year of this ICR.  Because this ICR estimates burden over a 3-year period, the table also calculates the 3-year average annual number of paper and electronic manifests respectively for a total of 1.5 million manifests annually.

                                    Table 5
       Annual Number of Manifests Prepared for Federal Wastes, by Type*
                        Generators Preparing Manifests
                                Paper Manifest
                              Electronic Manifest
                    Total Manifests (Paper and Electronic)

                                 PIN/Password
                        Digitized Electronic Signature

                                    Year 1
LQGs - Shippers
                                    911,858
                                    35,994
                                    11,998
                                    959,850
Commercial TSDFs - Shippers
                                    108,418
                                     4,280
                                     1,427
                                    114,124
Captive TSDFs - Shippers
                                    20,847
                                      823
                                      274
                                    21,944
SQG - Shippers
                                    394,702
                                    15,580
                                     5,193
                                    415,476
                                                                          Total
                                   1,435,825
                                    56,677
                                    18,892
                                   1,511,395
                                    Year 2
LQGs - Shippers
                                    719,888
                                    179,972
                                    59,991
                                    959,850
Commercial TSDFs - Shippers
                                    85,593
                                    21,398
                                     7,133
                                    114,124
Captive TSDFs - Shippers
                                    16,458
                                     4,115
                                     1,372
                                    21,944
SQG - Shippers
                                    311,607
                                    77,902
                                    25,967
                                    415,476
                                                                          Total
                                   1,133,546
                                    283,386
                                    94,462
                                   1,511,394
                                    Year 3
LQGs - Shippers
                                    431,933
                                    395,938
                                    131,979
                                    959,850
Commercial TSDFs - Shippers
                                    51,356
                                    47,076
                                    15,692
                                    114,124
Captive TSDFs - Shippers
                                     9,875
                                     9,052
                                     3,017
                                    21,944
SQG - Shippers
                                    186,964
                                    171,384
                                    57,128
                                    415,476
                                                                          Total
                                    680,128
                                    623,450
                                    207,816
                                   1,511,394
                                3-Year Average
LQGs - Shippers
                                    687,893
                                    203,968
                                    67,989
                                    959,850
Commercial TSDFs - Shippers
                                    81,789
                                    24,251
                                     8,084
                                    114,124
Captive TSDFs - Shippers
                                    15,727
                                     4,663
                                     1,554
                                    21,944
SQG - Shippers
                                    297,758
                                    88,289
                                    29,430
                                    415,476
                                                                          Total
                                   1,083,166
                                    321,171
                                    107,057
                                   1,511,394
*Table includes rounding error.

	2) Handlers who Manifest State Hazardous Waste

The RIA estimates the annual number of handlers that manifest state hazardous waste.  Because ICRs need not estimate burden for federally owned and operated facilities, EPA eliminated such facilities from the RIA's estimates for use in this ICR.   In total, EPA estimates that 145,048 shippers will manifest state wastes annually as shown in Table 6.  The RIA states that these shippers consist of two categories reflecting specific state programs: generators of state (non-federal) hazardous waste and generators of hazardous wastes that are exempt from federal RCRA manifest requirements but subject to state manifest requirements. The RIA further indicates that all state hazardous waste shippers are SQGs or conditionally exempt small quantity generators (CESQGs) or sites whose manifesting behavior is similar to them.

                                    Table 6
         Annual Number of Handlers that Manifest State Hazardous Waste
                             Type of Waste Handler
                           Number of Waste Handlers
Shippers (SQG/CESQGs)*
                                    145,048
Receiving Facilities**
                                     1,095
Total**
                                    145,048
*The RIA estimates that all state hazardous waste shippers are SQGs and CESQGs or sites whose manifesting practices are similar to them.
** This ICR assumes that all receiving facilities ship waste offsite during the year and are therefore reflected in the estimated number of shippers in the table. Therefore the table counts them once to avoid duplication.

The RIA estimates that each shipper completes 12 manifests on average for state wastes annually.  Table 7 shows that these shippers offer 1.7 million manifests into transportation for state wastes annually.

                                    Table 7
         Annual Number of Manifests Accompanying State Hazardous Waste
                       Number of Shippers (SQG/CESQGs)*
                        Number of Manifests per Shipper
                       Total Annual Number of Manifests
                                    145,048
                                      12
                                   1,740,576
*The RIA estimates that all state hazardous waste shippers are SQGs and CESQGs or sites whose manifesting practices are similar to them.

Based on the above data, Table 8 estimates the annual number of paper and electronic manifests accompanying state hazardous waste (as well as the respective number of electronic manifests signed by PIN/Password or digitized electronic signature) during each year of this ICR.  Because this ICR estimates burden over a 3-year period, the table also calculates the 3-year average annual number of paper manifests and electronic manifests respectively for a total of 1.7 million manifests annually.

                                    Table 8
   Annual Number of Manifests Prepared for State Hazardous Wastes, by Type*
                        Generators Preparing Manifests
                                Paper Manifest
                              Electronic Manifest
                    Total Manifests (Paper and Electronic)

                                 PIN/Password
                        Digitized Electronic Signature

                                    Year 1
LQGs - Shippers
                                      --
                                      --
                                      --
                                      --
Commercial TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
Captive TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
SQG/CESQGs  -  Shippers**
                                   1,653,547
                                    65,272
                                    21,757
                                   1,740,576
                                                                          Total
                                   1,653,547
                                    65,272
                                    21,757
                                   1,740,576
                                    Year 2
LQGs - Shippers
                                      --
                                      --
                                      --
                                      --
Commercial TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
Captive TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
SQG/CESQGs  -  Shippers**
                                   1,305,432
                                    326,358
                                    108,786
                                   1,740,576
                                                                          Total
                                   1,305,432
                                    326,358
                                    108,786
                                   1,740,576
                                    Year 3
LQGs - Shippers
                                      --
                                      --
                                      --
                                      --
Commercial TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
Captive TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
SQG/CESQGs  -  Shippers**
                                    783,259
                                    717,988
                                    239,329
                                   1,740,576
                                                                          Total
                                    783,259
                                    717,988
                                    239,329
                                   1,740,576
                                3-Year Average
LQGs - Shippers
                                      --
                                      --
                                      --
                                      --
Commercial TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
Captive TSDFs - Shippers
                                      --
                                      --
                                      --
                                      --
SQG/CESQGs  -  Shippers**
                                   1,247,413
                                    369,873
                                    123,290
                                   1,740,576
                                                                          Total
                                   1,247,413
                                    369,873
                                    123,290
                                   1,740,576
*Table includes rounding error.
**The RIA estimates that all state hazardous waste shippers are SQGs and CESQGs or are sites whose manifesting practices are similar to them.

	3) Summary of Handlers who Manifest Federal and State Hazardous Waste

Based on the data and assumptions above, Table 9 presents the total annual number of handlers that manifest federal and state hazardous waste, including both electronic and paper manifests.  Specifically, Table 9 combines the handler data in Table 2 (federal handlers) and Table 6 (state handlers) to estimate a total of 203,927 handlers subject to this ICR. Note:  The table's "SQG  -  Shippers (without reclamation agreements)" category includes SQGs manifesting federal hazardous waste as well as all state hazardous waste shippers (i.e., SQGs and CESQGs manifesting state hazardous waste).

                                    Table 9
                    Annual Number of Handlers that Manifest
                       Federal and State Hazardous Waste
                             Type of Waste Handler
                  Handlers of Federal Hazardous Waste in ICR
                   Handlers of State Hazardous Waste in ICR
                                     Total
LQGs - Shippers
                                    17,775
                                      --
                                    17,775
Commercial TSDFs - Shippers
                                      412
                                      --
                                      412
Captive TSDFs - Shippers
                                      844
                                      --
                                      844
SQGs - Shippers (without Reclamation Agreements)*
                                    34,623
                                    145,048
                                    179,671
SQGs - Shippers (with Reclamation Agreements)
                                     4,729
                                      --
                                     4,729
Transporters
                                     496
                                      --
                                      496
TSDFs/Receivers**
                                      412
                                     1,095
                                     1,507
Total**
                                    58,879
                                    145,048
                                    203,927
* For purposes of estimating burden in this ICR, EPA has combined the number of SQGs manifesting federal waste with the number of SQGs and CESQGs manifesting state waste.
** This ICR assumes that TSDFs/receiving facilities are reflected in the estimated number of shippers in this table and therefore the table counts them once to avoid duplication.

Table 10 presents the total annual number of paper and electronic manifests accompanying federal and state hazardous waste during each year of this ICR. Specifically, Table 10 combines the manifest data in Table 5 (manifests accompanying federal hazardous waste) and Table 8 (manifests accompanying state hazardous waste).  Because this ICR estimates burden over a 3-year period, the table also calculates the 3-year average annual number of paper and electronic manifests.  In total, this equates to 3.25 million manifests on average annually.

                                   Table 10
               Annual Number of Manifests Prepared for Federal
                     and State Hazardous Wastes, by Type*
                        Generators Preparing Manifests
                            No. of Paper Manifests
               No. of Electronic Manifests (Federal and State)**
                    Total Manifests (Paper and Electronic)

                                    Federal
                                  Hazardous
                                     Waste
                             State Hazardous Waste
                                     PIN/
                                   Password
                        Digitized Electronic Signature

                                    Year 1
LQGs - Shippers
                                    911,858
                                      --
                                    35,994
                                    11,998
                                    959,851
Commercial TSDFs - Shippers
                                    108,418
                                      --
                                     4,280
                                     1,427
                                    114,124
Captive TSDFs - Shippers
                                    20,847
                                      --
                                      823
                                      274
                                    21,944
SQGs - Shippers***
                                    394,702
                                   1,653,547
                                    80,852
                                    26,951
                                   2,156,052
                                                                          Total
                                   1,435,825
                                   1,653,547
                                    121,949
                                    40,650
                                   3,251,971
                                    Year 2
LQGs  -  Shippers
                                    719,888
                                      --
                                    179,972
                                    59,991
                                    959,850
Commercial TSDFs  -  Shippers
                                    85,593
                                      --
                                    21,398
                                     7,133
                                    114,124
Captive TSDFs  -  Shippers
                                    16,458
                                      --
                                     4,115
                                     1,372
                                    21,944
SQGs - Shippers***
                                    311,607
                                   1,305,432
                                    404,260
                                    134,753
                                   2,156,052
                                                                          Total
                                   1,133,546
                                   1,305,432
                                    609,744
                                    203,248
                                   3,251,970
                                    Year 3
LQGs  -  Shippers
                                    431,933
                                      --
                                    395,938
                                    131,979
                                    959,850
Commercial TSDFs  -  Shippers
                                    51,356
                                      --
                                    47,076
                                    15,692
                                    114,124
Captive TSDFs  -  Shippers
                                     9,875
                                      --
                                     9,052
                                     3,017
                                    21,944
SQGs - Shippers***
                                    186,964
                                    783,259
                                    889,372
                                    296,457
                                   2,156,053
                                                                          Total
                                    680,128
                                    783,259
                                   1,341,438
                                    447,145
                                   3,251,971
                                3-Year Average
LQGs  -  Shippers
                                    687,893
                                      --
                                    203,968
                                    67,989
                                    959,850
Commercial TSDFs  -  Shippers
                                    81,789
                                      --
                                    24,251
                                     8,084
                                    114,124
Captive TSDFs  -  Shippers
                                    15,727
                                      --
                                     4,663
                                     1,554
                                    21,944
SQGs - Shippers***
                                    297,758
                                   1,247,413
                                    458,161
                                    152,720
                                   2,156,052
                                                                          Total
                                   1,083,166
                                   1,247,413
                                    691,044
                                    230,348
                                   3,251,970
*Table includes rounding error.
** Refer to Tables 5 and 8 for the number of electronic manifests accompanying federal and state hazardous waste respectively.
***For purposes of estimating burden in this ICR, EPA has combined the number of SQG manifests accompanying federal waste with the number of SQG and CESQG manifests accompanying state waste.
.
As discussed at the beginning of Section 6, this ICR estimates burden to waste handlers based primarily on the three activities shown below.  Their respective burden is estimated using the 3-year averages in Table 10.

Table 11 presents the 3-year averages associated with each activity:

 Participating in manifest cycle.  This ICR estimates burden to waste handlers for participating in paper manifest cycles for federal hazardous waste as well as electronic manifest cycles for federal and state hazardous waste.  This equates to 2 million manifests on average annually.

 Submitting copies to national system.  This ICR estimates burden to waste handlers for submitting all paper copies accompanying federal and state waste to the national system.  This equates to 2.33 million manifests on average annually.

 Paying fees.  This ICR estimates burden to waste handlers for paying fees for all manifests (paper and electronic) accompanying federal and state waste.  This equates to 3.25 million manifests on average annually.

                                     Table 11
         3-Year Average Annual Number of Manifests Burdened in this ICR*
                             Manifest Activities
                            No. of Paper Manifests
                No. of Electronic Manifests (Federal and State)
                                Total Manifests

                                    Federal
                                   Hazardous
                                     Waste
                             State Hazardous Waste
                                     PIN/
                                   Password
                        Digitized Electronic Signature

Participating in  Manifest Cycle**
                                   1,083,166
                                      --
                                    691,044
                                    230,348
                                   2,004,558
Submitting Copies to National System***
                                   1,083,166
                                   1,247,413
                                      --
                                      --
                                   2,330,579
Paying Fees***
                                   1,083,166
                                   1,247,413
                                    691,044
                                    230,348
                                   3,251,970
*Table includes rounding error.  Some of the numbers in this table are further refined based on additional assumptions presented later in this document.  See Section 6D.
** This includes form completion, transmittal to industry third parties, and recordkeeping performed by generators, transporters and TSDFs/receiving facilities.
*** This is performed by designated TSDFs/receiving facilities.

6B.	Estimating Respondent Costs

Following is a discussion of respondent labor, capital and operation and maintenance (O&M) costs used in Exhibits 1 through 22.

Labor Costs

 EPA estimates an average hourly respondent labor cost of $100.86 for legal staff, $85.00 for managerial staff, $42.06 for technical staff, and $23.30 for clerical staff.  These rates were taken from the RIA.

Capital Costs

Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment.  For this ICR, capital costs include file cabinet costs.  As shown in Exhibit 22, EPA estimates the total average annual capital cost to all hazardous waste handlers under the manifest system, collectively, to be $134,140.  EPA took the following steps to derive the capital costs associated with the purchase of file cabinets:

          Estimate the total annual volume of paper manifests required to be retained by all waste handlers.  Under the manifest system, generators, transporters, and designated TSDF/receiving facilities must keep copies of manifests and other manifest-related documents for a period of 3 years.  Thus, at any given time during the effective period of this ICR, the hazardous waste industry is keeping paper copies of 3 years' worth of manifest-related documents.  In total, EPA estimates that waste handlers (i.e., generators, transporters, and designated TSDF/receiving facilities) will need to keep copies of 13,933,553 manifests and reports annually.

          Ascertain the number of standard-size file cabinets that would provide the needed capacity and estimate aggregate cost to waste handlers.  EPA estimates that a standard-size, 5-drawer, lateral file cabinet holds approximately 16,000 documents.  Thus, for storing 13,933,553 paper manifests and reports, waste handlers would need 871 file cabinets (i.e., 13,933,553/16,000) each year.  These 871 file cabinets represent the total capacity needed by the industry, collectively, to store all of its paper manifests and reports.  EPA estimates that the cost of one file cabinet is $829.99 and for all 871 file cabinets is $722,921.

          Annualize the aggregate cost of standard-size file cabinets using a net present value formula.  EPA used the following present value formula to annualize the cost of file cabinets over the 3-year effective life of this ICR:

             Annualized Net Present Value = $722,921x [1/(∑1/(1+k)[t])]

 			where 	k = discount rate of 7%;
                   t = life of equipment (7 years).

       In total, EPA estimates that the hazardous waste industry will need to pay an annual cost of $134,140 for the 871 file cabinets.

 Operation and Maintenance (O&M) 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 (PRA) of 1995 as "the recurring dollar amount of costs associated with O&M or purchasing services."  For this ICR, O&M costs include:

Printing cost for sample manifests:  EPA estimates that respondents will incur a cost of $860 for each set of manifest form samples.  These respondents are expected to contract with a printing company.  Hence, the fee of $860 is considered a lump-sum cost.  This O&M cost was obtained from a previously approved ICR (i.e., EPA ICR Number 0801.18, dated January 2012) and updated to 2017 levels using Consumer Price Indexes developed by the Bureau of Labor Statistics.

Purchase blank paper manifest forms from EPA-registered printer:  EPA estimates that respondents will incur a cost of $0.55 for each blank paper manifest and $0.55  for each blank paper continuation sheet they purchase from an EPA-registered printer,

Mailing costs:  EPA estimates that respondents will incur a cost of $0.52 to mail a one-ounce package ($0.49 for postage and $0.03 for standard-size envelope),   EPA also estimates that respondents will incur a cost of $5.26 for mailing a larger package (i.e., a 5-ounce package) by certified mail ($1.82 for postage, $3.35 for the certified-mail fee, and $0.14 for a catalog envelope)., ,

Photocopying costs:  EPA estimates that respondents will incur a cost of $0.10 for each photocopy they make.

Long distance telephone call costs:  EPA estimates that respondents will incur a cost of $2.00 for each long distance telephone call they make.

 O&M costs also include the fees assessed to manifest users.  See subsection, "(d10) Fees for the Electronic Hazardous Waste Manifest Program," in Section 6D of this document for additional information.

6C.	Estimating Agency Hour and Cost Burden

 EPA estimates the Agency hour and cost burden associated with the information collection requirements covered in this ICR in Exhibit 23.

Labor Costs

 EPA estimates an average hourly Agency labor cost of $89.96 for legal staff, $79.38 for managerial staff, $57.11 for technical staff, and $24.37 for clerical staff.  These rates were taken from the RIA.  The ICR also estimates an average hourly contractor cost of $160.

 Capital and Operation & Maintenance Costs

The RIA estimates annual costs to EPA for developing, operating and maintaining the e-Manifest system and related activities.  The RIA addresses the following cost elements:

          System development;
          Operations & maintenance;
          Paper manifest processing O&M;
          Call center;
          Cross-Media Electronic Reporting Rule (CROMERR) provisions.  This element is not included in this ICR;
          Billing;
          Additional program costs;
          Additional indirect costs; and
          Manifest processing costs.

In preparing this ICR, EPA summed up the annual costs of the elements above for Years 1 through 3 of system operation, except for the CROMERR costs, and divided the sum by 3 years to derive the 3-year average annual cost.  These average annual costs are reflected in Exhibit 23.

 6D.	Estimating Respondent Hours and Costs

Exhibits 1 through 21 estimate the annual respondent burden associated with these information collection requirements.  Exhibit 22 presents the total aggregate annual cost burden to all respondents under the information collection requirements covered in this ICR.  For purposes of analysis, EPA has estimated burden for the first 3 years of system operation.  Refer to Sections 6A and 6B of this document for respondent universe data used to estimate burden.

      (a)	Registrant Organization Requirements

      (a1)	Reading the Regulations

Exhibit 1 presents the total annual hour and cost burden to registrant organizations in reading the manifest regulations at 40 CFR 262.21.  EPA expects that on average, one registrant organization will read 40 CFR 262.21 regulations each year.

      (a2)	Applying to the Registry

EPA estimates that each year, one entity will register with EPA to print its own forms.

      (a3)	Updating General Information in the Approved Application

EPA estimates that, each year, 3 registrant organizations will revise and submit their approved application to EPA, along with an indication or explanation of the update, under 40 CFR 262.21(h)(1).

      (a4)	Requesting Approval for a New Tracking Number Suffix

EPA estimates that no approved registrant organization will request a new tracking number suffix during the 3-year period covered by this ICR.  Because each manifest tracking number consists of the 3-letter suffix and 9 digits, each registrant will be able to generate more than 999 million forms using its original suffix.  EPA does not expect a registrant to request a new suffix for many years.

      (a5)	Requesting Approval for Changes to Printing Specifications or Use of a New Printer

EPA estimates that one registrant organization annually will request approval for changes to its form or for the use of a new printer under 40 CFR 262.21(e).

      (a6) 	Typesetting the Manifest Form Subsequent to its Approval

EPA estimates that no registrant organization will typeset its manifest form, instead of using the electronic file of the forms provided by EPA, during the 3-year period covered by this ICR.  Upon approval of a registrant's application under 40 CFR 262.21(c), EPA will provide it with an electronic file of the manifest, continuation sheet, and instructions and ask it to use these files to develop the forms.  In its consultations, EPA found that printers intend to share these files among their printing establishments so that none will need to typeset the form.  Typesetting the form would be unappealing to registrants because of the level of effort required in comparison with using the electronic files.

      (a7) 	Requesting an Exemption

EPA estimates that no registrant organizations will submit a request for an exemption under 40 CFR 262.21(j).  EPA expects each registrant to be forward looking when originally registering under 40 CFR 262.21(b) through (e), and carefully select the appropriate paper type, paper weight, and other aspects of the form.

      (a8)	Notifying EPA of a Printing Specification Violation

EPA estimates that one registrant organization will notify EPA that it has duplicated tracking numbers on forms used or distributed to other parties.  Registrants must print their forms according to their approved applications, which will lay out procedures for tightly controlling their tracking numbers and ensuring that each manifest has a unique number.

      (a9)	Revising the Approved Manifest if Requested by EPA

EPA estimates that no registrant organization will need to submit revised manifest form samples, per EPA's request, during the 3-year period covered by this ICR.  EPA will carefully review each registrant's forms under 40 CFR 262.21(e) to determine if they satisfy the requirements of 40 CFR 262.21(f).  EPA does not expect to identify problems in forms that have been approved.

      (a10)	Responding to Suspension and Revocation Procedures

EPA does not expect to conduct suspension or revocation procedures during the 3-year period covered by this ICR.

      (b)	Generator Requirements

      (b1)	Reading the Regulations

Exhibit 2 presents the total annual hour and cost burden to hazardous waste generators in reading the manifest regulations at 40 CFR 262.  In total, EPA expects each generator manifesting federal hazardous waste to read Part 262 each year.

      (b2)	Manifest Completion

Exhibits 3 and 4 present the total annual hour and cost burden for generators to complete their paper and electronic manifests.[,]  The exhibits reflect that designated facilities often provide assistance to their generator customers in preparing manifests for shipments to their facility.  For purposes of analysis, this ICR assumes that a percentage of large quantity generators (LQGs) and small quantity generators (SQGs) rely on the designated facilities' assistance in manifest preparation, while the remaining LQGs and SQGs, as well as all TSDFs acting as generators, prepare their manifests themselves, as follows:

Completing the Manifest without the Assistance of Designated Facility:  Based on consultations with hazardous waste generators and the states, EPA estimates that about 58% of LQG manifests and 20% of SQG manifests accompanying hazardous waste shipments are prepared without the assistance of the designated facility.  This is reflected in Exhibit 3.  In addition, EPA estimates that about 5% of manifests include continuation sheets.  The exhibit also reflects the burden for 30% of generators preparing electronic manifests (2 employees/LQG or SQG; 5 employees per TSDF acting as a generator) to call the EPA help desk each year to ask questions or resolve problems in preparing or transmitting the electronic manifest or otherwise using the system.

Completing the Manifest With the Assistance of Designated Facility: As discussed, EPA recognizes that many LQGs and SQGs rely on the assistance of the designated facility to complete the manifest form.  Because the designated facility normally fills out most of the manifest form for the generator, the collaborative effort significantly reduces the burden on generators.  Based on its consultations, EPA estimates that about 42% of manifests from LQGs and 80% of manifests from SQGs are jointly completed with the designated facility.  This is reflected in Exhibit 4.  [Note:  Refer to Exhibit 16 for the hour and cost burden for designated facilities to assist LQGs and SQGs in completing their manifests.]

Exhibits 3 and 4 reflect the average annual number of paper and electronic manifests shown in Tables 10 and 11 for the manifest cycle.   Note that the RIA estimates that electronic manifests will streamline a number of activities that are normally performed with paper manifests. For example, the RIA estimates that manifest completion and transmittal will experience an 80% burden reduction when associated with electronic manifests.   Exhibits 3 and 4, as well as the other exhibits, reflect these effects where appropriate.

      (b4)	Compliance with State Program Requirements

40 CFR 262.21(g)(2) provides that generators must determine whether they are required to comply with requirements specific to state hazardous waste manifest programs. Because these activities are required under state-specific hazardous waste programs, they are not burdened in this ICR as reflected in Exhibit 5.

      (b5)	Manifest Transmittal and Recordkeeping

As shown in Exhibit 6, EPA estimates that LQGs, TSDFs acting as generators, and SQGs will send 91% of their manifests with highway shipments, 3% with water shipments and 6% with rail shipments.  In addition, EPA estimates that 4,729 SQGs ship their hazardous waste offsite under a reclamation agreement pursuant to 40 CFR 262.20.  These SQGs are required to keep a copy of the contractual agreement under which their hazardous waste is shipped to the recycling facility.  Note that this ICR reflects that recordkeeping of electronic manifests is negligible, since electronic manifests will be transacted within the national system.  Exhibit 6 reflects the annualized number of paper and electronic manifests shown in Tables 10 and 11 for the manifest cycle.

Exhibit 6 reflects that a percentage of LQGs and SQGs will ask the transporter to sign the electronic manifest on their behalf (i.e., generator certification block), relieving them of the need to sign it themselves.  This ICR estimates that 33% of LQG and SQG electronic manifests will be signed on behalf of the generator (excluding electronic manifests addressed under 40 CFR 262.24(c)(1) as described below).

Exhibit 6 also reflects that a percentage of LQGs and SQGs will perform the procedures at 40 CFR 262.24(c)(1) for their electronic manifests.  Section 262.24(c)(1) provides that a generator may sign by hand and retain a paper copy of the electronic manifest, rather than electronically signing it, thereby allowing the transporter and subsequent waste handlers to use the electronic manifest for that shipment.  EPA believes that LQGs and SQGs that rely on the designated facility's assistance for manifest preparation will find this provision appealing.  As reflected in the exhibit, EPA estimates that 20% of LQG electronic manifests and 50% of SQG electronic manifests prepared by the designated facility will be transacted under the procedures annually.  EPA does not expect TSDF shippers to use the "on behalf of" or section 262.21(c)(1) procedures because they will have the expertise to sign them electronically.

Finally, Exhibit 6 reflects that all offline generators (federal and state) will submit their email address to the national system to be notified of manifest data corrections.  The ICR estimates that each LQG and SQG has two employees and each TSDF acting as a generator has 5 employees who will submit the email address.  The number of submittals has been annualized over the 3-year life of this ICR because it is a one-time activity.  In addition, the exhibit reflects that generators (federal and state) will enter the system to submit corrections or respond to comments for 2% of their manifests annually (electronic and paper).

      (b6)	Undeliverable Shipments

This ICR estimates that 1% of all manifests offered into transportation (paper and electronic) cannot be delivered to the designated facility listed on the manifest, alternate designated facility if appropriate, or the place outside the United States designated by the generator (for an emergency other than rejected loads).  As reflected in Exhibit 7, the generator must provide further instructions to the transporter under section 262.20(d).

In addition, this ICR estimates that 20% of all manifests offered into transportation cannot be delivered to the next designated transporter.  As reflected in Exhibit 7, this ICR estimates that 50% of generators will incorporate a provision into their contracts authorizing the transporter to revise their manifests without contacting them, as provided by section 263.21(b)(3).  This equates to 47,134 generators (i.e., 53,654 generators of federal waste + (28% x 145,048 generators of state hazardous waste) = 94,267 generators x 50% = 47,134.)   Because incorporating the provision is a one-time activity for each generator during the 3-year life of this ICR, this ICR annualizes the number of generators over 3 years (47,134 generators/3 years=15,711 generators annually.)

Based on the above assumptions, this ICR estimates that 50% of manifests that cannot be delivered to the next designated transporter (which equates to 10% of all manifests, i.e., 20% x 50% = 10%) will be carried by transporters that do not have such contract authority, while the remaining 50% will be carried by transporters that do.  Exhibit 7 reflects that generators must provide additional instructions for manifests carried by transporters that do not have such contract authority.

      (b7)	Rejected Waste and Container Residues

As shown in Exhibit 8, EPA estimates that, each year, 3% of shipments received by designated facilities will be rejected and, of these, 1% will be returned to the generator (with the other 99% being sent to an alternate designated facility).  Upon receipt of the rejected shipments, generators must sign the manifest that accompanies the rejected load or residue.  Exhibit 8 reflects the annualized number of paper and electronic manifests shown in Tables 10 and 11.

      (b8)	Exception Reports:  Completion, Submission, and Recordkeeping

EPA estimates that, on average, LQGs, TSDFs acting as generators, and SQGs will need to develop an exception report under 40 CFR 262.42 for approximately 1% of the manifests sent offsite.  This assumption is reflected in Exhibit 9.

      (c)	Transporter Requirements

	(c1)	Reading the Regulations

As shown in Exhibit 10, EPA estimates that 496 transporter companies are subject to the RCRA manifest system.  EPA expects that each company will read the manifest regulations once a year.

      (c2)	Manifest Completion, Transmittal, and Recordkeeping

Exhibit 11 examines the manifesting hour and cost burden for transporters transporting domestic and international shipments of hazardous waste. [,]   EPA estimates that, of the manifests completed and transmitted each year, approximately 91% will accompany highway shipments, 3% will accompany water shipments, and 6% will accompany rail shipments.  In addition, EPA estimates that transporters transporting hazardous waste shipments under a reclamation agreement will need to comply with 40 CFR 263.20(h).  EPA estimates that 30% of transporters will call the e-Manifest help desk annually for questions or problem resolution.  Finally, it is important to note that EPA is not including the tracking of export manifests described in Subpart H of 40 CFR Part 262 in the initial phase of e-Manifest system implementation. Given these considerations, EPA estimates that all electronic manifests in this ICR will track only domestic shipments. EPA further estimates that 15,120 paper manifests will accompany export shipments annually.

Exhibit 11 also addresses undeliverable shipments.  This ICR estimates that 1% of all manifests offered into transportation (paper and electronic) cannot be delivered to the designated facility listed on the manifest, alternate designated facility if appropriate, or the place outside the United States designated by the generator (for an emergency other than rejected loads).  As reflected in Exhibit 11, the transporter must contact the generator for further instructions pursuant to section 263.21(b)(1).

In addition, this ICR estimates that 20% of all manifests offered into transportation cannot be delivered to the next designated transporter.  As reflected in Exhibit 11, this ICR estimates that 50% of transporter companies will incorporate a provision into their contracts authorizing the transporter to revise the manifest without contacting the generator, as provided by section 263.21(b)(3). Because this is a one-time activity during the 3-year life of this ICR, this ICR annualizes the number of transporter companies over 3 years (i.e., (496 transporter companies x 50%)/3 years = 83 companies/yr).

Based on the above assumptions, this ICR estimates that 50% of manifests that cannot be delivered to the next designated transporter (which equates to 10% of all manifests, i.e., 20% x 50% = 10%) will be carried by transporters that do not have such contract authority, while the remaining 50% will be carried by transporters that do.  Exhibit 11 reflects that transporters without such contract authority must contact the generator for each undeliverable manifest, as provided at section 263.21(b)(2).

Finally, Exhibit 11 addresses rejected loads and container residues.

      (c3)	Replacement Manifests

Exhibit 12 estimates that 1% of electronic manifests carried by highway transporters will require replacement manifests.  EPA assumes that all electronic manifests will be replaced by reproducing 3 paper copies.  All replacement manifests will be processed by subsequent waste handlers according to the paper manifest requirements.

      (c4)	Post-Receipt Manifest Data Corrections

EPA estimates that each transporter company will register its employees with the e-Manifest system and have system access to make corrections.  Exhibit 13 reflects EPA's estimate that transporters will submit corrections or respond with comments for 2% of all manifests (paper and electronic) accompanying federal and state waste annually.

      (c5)	Notification of Discharge of Hazardous Waste

Based on the Statistical Abstract of the United States, EPA estimates that approximately 15,000 accidents per year involve transporters of hazardous substances.  EPA has used its best judgment to estimate that 5% of these accidents involve transporters of hazardous waste annually (i.e., hazardous waste is a subset of hazardous substances).  These transporters will be required to notify local authorities of the discharge as required under 40 CFR 263.30.  This is reflected in Exhibit 14.

In addition, based on data from the National Response Center (NRC), EPA estimates that the NRC receives approximately 4,500 notifications of marine source incidents for discharges of oil or hazardous substances annually.  NRC data also indicate that about 66% of these incidents involved oil discharges and 33% involved hazardous substances discharges.  Of the discharges of hazardous substances, EPA estimates that 5% involve water transporters transporting hazardous waste.  These transporters must notify NRC or EPA under 33 CFR Part 153.  The purpose of 33 CFR Part 153 is to prescribe regulations concerning notification to the US Coast Guard of the discharge of oil or hazardous substances as required by the Federal Water Pollution Control Act, as amended; the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances.

      (d)	Designated Treatment, Storage, and Disposal Facility Requirements

      (d1)	Reading the Regulations

Exhibit 15 reflects that 412 designated TSDFs will read the manifest regulations once a year.

      (d2)	Completing the Manifest (assisting the generators)

Exhibit 16 presents EPA's estimates that approximately 42% and 80% of manifests from LQGs and SQGs, respectively, are completed jointly with the designated facility.  In addition, EPA estimates that 5% of these manifests include continuation sheets.  The exhibit reflects the annualized number of their paper and electronic manifests shown in Tables 10 and 11.

      (d4)	Transmitting the Manifest and Reporting to EPA

Under the final rule, all paper and electronic manifests accompanying federal and state hazardous waste must be completed by the receiving facility. [,]  In accordance with these provisions, Exhibit 17 estimates burden for facility completion of all manifests (paper and electronic) accompanying federal hazardous waste as well as electronic manifests accompanying state hazardous waste. [,]

In regard to paper manifests accompanying state hazardous waste, EPA recognizes that a number of receiving facilities must complete these forms under existing state requirements.  This ICR need not estimate the burden for such paper manifests because these activities are being performed under state-specific, broader-in-scope program requirements in the absence of federal requirements to do so.  However, EPA is aware that some shipments of state waste have faced implementation and tracking challenges when they cross state lines, making it unclear if the facility must complete and return the manifest.   The final rule could place incremental burden on these facilities by clarifying that completion is mandatory for all manifests accompanying state waste.

Because of this, Exhibit 17 also estimates burden for facilities to complete paper manifests accompanying state waste that have not been completed under state regulations.  EPA estimates that 25% of paper manifests accompanying state waste will now be completed as a result of the final rule.  It is assumed that the remaining 75% of paper manifests are already being completed under state regulations and need not be addressed in this ICR.  Refer to Table 11 for the 3-year average annual estimates of paper and electronic manifests accompanying federal and state waste.

In addition, facilities must submit copies of the paper manifest to the national system in accordance with 40 CFR 260.4, 260.5, 264.71(a)(v) or 265.71(a)(v).  The RIA estimates the annual submittal rate for each method, as shown in Table 12.  The table shows that, on average annually during the 3-year life of this ICR, 34% of paper manifests will be submitted as paper copies, 12% as image files, and 26% as data files and image files.  The remaining 28% will be transacted electronically within the system.

                                   Table 12
              Annual Manifest Submittal Rates, by Submittal Method
Submittal Method
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average*
Paper copies
                                    52.75%
                                    37.50%
                                    11.25%
                                      34%
Image files
                                     4.75%
                                    18.75%
                                    11.25%
                                      12%
Data files and image files
                                    37.50%
                                    18.75%
                                    22.50%
                                      26%
Total (paper only)
                                    95.00%
                                    75.00%
                                    45.00%
                                      72%
Electronic
                                     5.00%
                                    25.00%
                                    55.00%
                                      28%
*Column includes rounding.

Based on these assumptions, Exhibit 17 estimates that 34% of TSDF/receiving facilities will submit paper copies (@ 6 hours/yr), 12% will submit image files (@ 6 hours/yr), and 26% will submit data files and image files (@6.5 hours/yr).  Note that this burden includes all paper manifests received by the facilities during the year, including manifests associated with rejected loads and container residues.

      (d5)	Compliance with State Program Requirements

40 CFR 264.71(e) and 265.71(e) provide that TSDFs must determine whether they are required to comply with requirements specific to state hazardous waste manifest programs.  Because these activities are required under state hazardous waste programs, they are not burdened in this ICR.  This is reflected in Exhibit 17.

      (d6)	Discrepancy Reports

As reflected in Exhibit 17, EPA estimates that approximately 25% of manifests accepted by the designated facilities require reconciling discrepancies between the manifest data and the shipment (e.g. by phoning the generator).  EPA further estimates that about 0.4% of manifests accepted by the designated facility will require a discrepancy report under 40 CFR 264.72 or 265.72.

      (d7)	Rejected Waste and Container Residues

As shown in Exhibit 18, EPA estimates that each year designated facilities will reject a shipment or identify a container residue after the transporter has left the facility' premises for 34,429 hazardous waste shipments received.  EPA estimates that each year designated facilities will fully reject or identify a container residue while the transporter is on the facilities' premises for hazardous waste shipments received.  EPA also estimates that each year designated facilities will forward shipments to an alternate facility.  (As discussed earlier, Exhibit 17 reflects facility burden for submittal of manifests to the national system for these problem shipments.)

      (d8)	Post-Receipt Manifest Data Corrections

Exhibit 19 estimates that each receiving facility (federal and state) will register with the e-Manifest system and have system access for corrections.   The exhibit reflects EPA's estimate that facilities will submit corrections or respond with comments for 30% of all manifests (paper and electronic) accompanying federal and state waste annually.,

      (d9)	Unmanifested Waste Reports:  Completion and Submission

As shown in Exhibit 20, EPA estimates that receiving facilities will need to complete 323 letters for shipments that arrive without a manifest, notifying the Agency of an un-manifested waste shipment.

      (d10)	Fees for the Electronic Hazardous Waste Manifest Program

Exhibit 21 estimates the annual fees paid by facilities as well as other activities performed in compliance with 40 CFR Part 264 and 265, Subpart FF.  The rule sets forth a methodology and requirements for assessing user fees for paper and electronic manifests.  The national system will collect fees directly from receiving facilities, taking into account the submittal method and number of forms.

Table 11 estimates that 3,251,970 manifests will be transacted for federal and state waste (electronic and paper manifests) annually.  EPA used this estimate as the basis for estimating the annual number of manifests for which fees will be paid.  EPA refined the estimate to account for export shipments.  Specifically, EPA is not including the tracking of export manifests described in Subpart H of 40 CFR Part 262 in the initial phase of e-Manifest system implementation. As EPA is not accepting the submission of export manifests to the system at this time, the Agency also is not requiring the payment of a fee in connection with export manifests.

Given these considerations, EPA estimates that all electronic manifests in this ICR will track only domestic shipments and a fee will be paid for each electronic manifest.  EPA further estimates that 15,120 paper manifests will accompany export shipments annually.  EPA will not collect fees for these exports.  EPA subtracted these 15,120 paper manifests from the total shown above.  As a result, EPA estimates that facilities will pay fees for 3,236,850 paper and electronic manifests annually.  Table 13 presents the annual number of manifests for which fees will be paid, by submittal method, as estimated in this ICR.

                                   Table 13
       Annual Submittal Rates and Number Manifests, by Submittal Method*
 Submittal Method
                      3-Year Annual Average Percentage**
              Annual Number of Manifests For Which Fees Are Paid
Paper copies
                                      34%
                                   1,088,265
Image files
                                      12%
                                    393,628
Data files and image files
                                      26%
                                    833,565
Electronic
                                      28%
                                    921,392
Total
                                     100%
                                   3,236,850
*Table includes rounding error.
**These average annual percentages are based on the RIA's annual percentages and are calculated in Table 12 of this document.  Averages include rounding.

In addition, the RIA sets forth an estimated fee per manifest based on the submittal method.  The fees will be formulated to recover EPA's development and operations/maintenance costs and therefore will vary annually.  Table 14 presents the estimated annual user fee per manifest for each submittal method as well as the 3-year average.  The table shows that receiving facilities will be charged $19.62/form for paper copies, $12.62/form for image files, $6.65/form for data files and image files, and $3.78/form for electronic manifests on average annually.  Exhibit 21 applies these fees to the total annual number of manifests submitted by receiving facilities shown in Table 13.

                                   Table 14
                  User Fees Per Manifest, by Submittal Method
Submittal Method
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average
Paper copies
                                    $19.48
                                    $19.56
                                    $19.81
                                    $19.62
Image files
                                    $12.49
                                    $12.57
                                    $12.81
                                    $12.62
Data files and image files
                                     $6.51
                                     $6.59
                                     $6.84
                                     $6.65
Electronic
                                     $3.64
                                     $3.72
                                     $3.97
                                     $3.78

Finally, the exhibit estimates the burden to facilities for implementing the informal fee dispute resolution procedures at 40 CFR 264.1316 and 265.1316.  EPA estimates that each of the 1,507 receiving facilities will receive 12 monthly invoices annually (18,084 invoices in total).  The Agency estimates that facilities will dispute 10% (1,808 disputes).  The Agency further estimates that 1% of disputed invoices will be appealed to the Office Director (18 appeals).

6E.	Bottom Line Burden Hours and Cost

Respondent Tally

Exhibit 22 shows the total annual hour and cost burden to respondents.  As shown in the exhibit, EPA estimates the annual respondent burden to be 2,608,292 hours and $128,661,312.  The bottom line burden to respondents over 3 years is estimated to be 7,824,876 hours and $385,983,936.

Agency Tally

Exhibit 23 shows the annual Agency hour and cost burden associated with all the requirements covered in this ICR.  As shown in this exhibit, EPA estimates the annual Agency burden to be 198,714 hours and $35,801,511.  The bottom line burden to the Agency over 3 years is estimated to be 596,142 hours and $107,404,533.

6F.	Reasons for Change in Burden

The currently approved Manifest ICR (0801.20) estimates an annual respondent burden of 3,473,577 hours.  This ICR (0801.22) estimates an annual respondent burden of 2,608,292 hours, which is an 865,285-hour decrease from the currently approved ICR. This decrease results from both adjustments due to Agency discretion (-692,008 hours) and program changes (-173,277 hours) as follows:

 The adjustments due to Agency discretion result from the fact that EPA revised the number of generators preparing manifests for federal hazardous waste shipments as well as the number of manifests per generator in this ICR.  Whereas ICR 0801.20 estimates 161,720 generators preparing manifests for federal wastes, this ICR estimates 53,654 generators preparing manifests for federal waste.

Table 15 compares these estimates.  In particular, the number of SQGs shipping federal waste decreased significantly.  This SQG estimate was taken from the RIA, which estimates the size of the SQG universe based on the estimation approaches and results in EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA. In that RIA, EPA pioneered two methodologies to estimate active SQGs under the federal program; both estimates use the data files that underpin the RCRA Hazardous Waste Report.

In total, ICR 0801.20 estimates that 1.8 million manifests are transacted for federal waste annually whereas this ICR estimates 1.5 million manifests annually, a decrease of approximately 300,000 forms.

                                   Table 15
Annual Number of Generators Preparing Manifests for Federal Hazardous Waste in ICR
                                  Generators
                                  ICR 0801.20
                                  ICR 0801.22
LQGs
                                    14,381
                                    17,775
Commercial TSDFs*
                                      367
                                      412
Captive TSDFs*
                                     1,101
                                      844
SQGs (without Reclamation Agreements)**
                                    145,871
                                   34,623***
Total
                                    161,720
                                    53,654
*In general, TSDFs qualify as either LQGs or SQGs.  However, EPA has found that TSDFs acting as generators often face burdens that are different from generators that are not TSDFs.  Therefore, EPA has broken them out separately for purposes of examining burden in this analysis.
** SQGs shipping under a reclamation agreement pursuant to 40 CFR 262.20(e) are not subject to the requirement for a manifest.
***The SQG estimate in this ICR was taken from the RIA, which estimates the size of the SQG universe based on the estimation approaches and results in EPA's 2015 Improvements to the Hazardous Waste Generator Regulatory Program proposed rule RIA.

 The program changes result from the fact that ICR 0801.20 addresses the existing paper-based manifest system; on the other hand, this ICR addresses the existing paper-based manifest system in addition to electronic manifesting.  The RIA estimates an adoption rate for the e-Manifest of 28% on average annually during the 3-year life of this ICR.  Therefore, EPA estimates that 28% of manifests accompanying federal waste will be transacted electronically in ICR 801.22 on average annually. The RIA indicates that electronic manifesting will result in substantial savings to respondents.  For example, it estimates that manifest preparation and transmittal will experience an 80% burden reduction when associated with electronic manifests.   This ICR reflects these effects, where appropriate.

These savings are partially offset, however, because the e-Manifest Act extends the scope of the e-Manifest program to wastes subject to manifest tracking under state law.  As such, the scope of this ICR was broadened to include electronic manifests accompanying state hazardous waste.  In addition to the 1.5 million paper and electronic manifests accompanying federal wastes, this ICR estimates burden for almost 500,000 electronic manifests for state wastes to be transacted, for a total of about 2 million manifests annually.  The final fee rule also adds some requirements for paper and electronic manifests (e.g., post-receipt correction of manifest data).

Further, ICR 801.22 estimates user fees for paper and electronic manifests in accordance with the final fee rule (fees are reflected as O&M costs in this ICR).  These fees result in an overall increase in costs.  The Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195, authorizes EPA to impose on manifest users "reasonable service fees as the Administrator determines to be necessary to pay costs incurred in developing, operating, maintaining, and upgrading the system, including any costs incurred in collecting and processing data from any paper manifest submitted to the system after the date on which the system enters operation."  ICR 0801.20 did not include user fees because it addressed the paper-based system which did not impose fees.

6G.	Burden Statement

The public reporting and recordkeeping burden per response for this collection of information is estimated to average 60 minutes per paper manifest and 10 minutes per electronic manifest for generators; 20 minutes per paper manifest and 5 minutes per electronic manifest for transporters; and 30 minutes per paper manifest and 5 minutes per electronic manifest for owners and operators of receiving facilities designated on the manifest.  Table 16 presents these estimates.  Burden means the total time, effort, and financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

                                   Table 16
            Public Reporting and Recordkeeping Burden per Response
                                Waste Handlers
                          Time per Response (minutes)

                                Paper Manifest
                              Electronic Manifest
Generators
                                      60
                                      10
Transporters
                                      20
                                       5
Designated Facilities
                                      30
                                       5

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OLEM-2016-0177, which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), WJC West Building, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA/DC 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 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-OLEM-2016-0177 and OMB Control Number 2050-0039 in any correspondence.