SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUEST NUMBER 1688.05 " RCRA EXPANDED PUBLIC PARTICIPATION" TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . 1 1( a) Title of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( a) Need/ Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2( b) Practical Utility/ Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( b) Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . . . . 4 4( a) Respondents/ NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . . 8 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION . . . . . . 10 6( a) Estimating Respondent Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6( c) Estimating Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6( d) Estimating the Respondent Universe and Total Hour and Cost Burden . . . . . . . 14 6( e) Bottom Line Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6( f) Reasons for Change in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 EXHIBITS Exhibit 1: Requirements Regarding Expanded Public Participation: Estimated Annual Respondent Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . 16 Exhibit 2: Requirements Regarding Expanded Public Participation: Estimated Annual Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Exhibit 3: Total Annual Respondent Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Exhibit 4: Total Annual Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection This ICR is titled " RCRA Expanded Public Participation," ICR number 1688.05.

1( b) Short Characterization The Resource Conservation and Recovery Act ( RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments ( HSWA) of 1984, requires EPA to establish a national regulatory program to ensure that hazardous wastes are managed in a manner protective of human health and the environment. EPA has a statutory obligation, under Section 7004( b) of RCRA, to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under the Act. The regulations implementing these requirements are codified at 40 CFR Parts 124 and 270.

EPA promulgated requirements for providing additional opportunities for the public to be involved in the RCRA permitting process at 40 CFR 124.31 through 124.33 and at 40 CFR 270.62 and 270.66. The Part 124 requirements apply to all types of hazardous waste treatment, storage, and disposal facilities, unless exempted under a specific section; the Part 270 requirements apply only to hazardous waste combustors planning trial burns.

In summary, the expanded public participation regulations require:

° A permit applicant to provide notice of and hold an informal meeting with the public before submitting a Part B application, and to submit a summary of the meeting to the agency ( § 124.31);

° The Agency to issue a public notice when it receives an application ( § 124.32);

° Certain facilities ( as decided by the Agency Director on a case by case basis) to set up and maintain an information repository ( § 124.33); and ° The Agency to issue a public notice of an upcoming trial burn at a permitted hazardous waste combustion facility ( § § 270.62( b)( 6) and 270.66( d)( 3)), or at a hazardous waste combustion facility operating under interim status ( § § 270.62( d) and 270.66( g)).

EPA believes that these regulations encourage people to become involved in the permitting process and increase understanding of hazardous waste facilities. 1 For example, see the Strategy on Waste Minimization and Hazardous Waste Combustion ( 1994).

2 2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Section 7004( b) of RCRA gives EPA broad authority to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under RCRA. In addition, the statute specifies certain public notices ( i. e., radio, newspaper, and a letter to relevant agencies) that EPA must provide before issuing any RCRA permit. The statute also establishes a process by which the public can dispute a permit and request a public hearing to discuss it. EPA carries out much of its RCRA public involvement at 40 CFR Parts 124 and 270.

In 1995, EPA expanded the public participation requirements under the RCRA program by promulgating the RCRA Expanded Public Participation Rule ( 60 FR 63417; December 11, 1995). The rule responded to calls by the Administration and stakeholders ( e. g., States and private citizens) to provide earlier and better public participation in EPA's permitting programs, including procedures for more timely information sharing. 1 In particular, the rule requires earlier public involvement in the permitting process ( e. g., pre application meetings), expanded public notice for significant events ( e. g., notices of upcoming trial burns), and more opportunities for the exchange of permitting information ( e. g., information repository).

The rule also is consistent with EPA's current policies on public participation. In May of 2003, EPA finalized the Public Involvement Policy. The policy updates an earlier policy issued in 1981. Among other things, the policy calls for a strengthened commitment to meaningful public involvement, greater attention to the specific concerns and interests of affected people and entities, and use of a wider variety of public involvement techniques. In this regard, the RCRA Expanded Public Participation Rule can serve as an example to the EPA programs of how to achieve many of the goals of the policy.

2( b) Practical Utility/ Users of the Data The required activities and information are needed to help assure timely and effective public participation in the permitting process. The requirements are intended to provide equal access to information to all stakeholders in the permitting process: the permitting agency, the permit applicant, and the community where a facility is located. Some facilities may be required to develop information repositories to allow for expanded public participation and access to detailed facility information as part of the permitting process. 3 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication The information collections covered in this ICR are not available from sources other than the respondents. EPA's Office of Solid Waste is the only office within the Agency collecting this information, and no other Federal agency or department collects this information.

3( b) Public Notice In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on April 7, 2005. EPA announced in the Federal Register ( 70 FR 17686) that it intended to renew ICR No. 1688.05. The comment period ended on June 6, 2005. The Agency received no comments that it took into account prior to submitting this ICR to OMB for review.

3( c) Consultations The rule covered by this ICR was developed using proper rulemaking procedures. EPA made every effort to consult with the general public, State and industry officials, and appropriate Federal agencies. In 2005, EPA Regional offices and selected facilities provided feedback on the hour and cost burden estimates included in the ICR. One facility in particular provided feedback on the hour and cost burden estimates: Mr. Bart Wesley and Mr. Lloyd Tabary of DSM Copolymer, Addis, LA. In this ICR ( ICR number 1688.05), EPA has retained the hour estimates provided by the facility contacts, and updated their cost estimates to 2005 levels.

3( d) Effects of Less Frequent Collection EPA sought to reduce the reporting frequency to the minimum that is necessary to ensure compliance with the rule. It would not be possible to collect this information less frequently and still assure that the requirements of permit and public involvement regulations are met by owners or operators. The reporting frequency is essential to assure that any changes in the trial burn plans or in the anticipated permit application contents are made known to EPA and to the public.

3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's Information Collection Review Handbook, and other applicable OMB guidance. 4 3( f) Confidentiality Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality. If the Agency receives any confidential information, it will manage that information according to the protocols established by the Agency, as appropriate.

3( g) Sensitive Questions No questions of a sensitive nature are included in any of the information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ NAICS Codes The following is a list of North American Industrial Classification System ( NAICS) codes associated with the facilities most likely to be affected by the expanded public participation requirements analyzed under this ICR:

22132 Sewage Treatment Facilities 32411 Petroleum Refineries 32511 Petrochemical Manufacturing 32512 Industrial Gas Manufacturing 32551 Paint and Coating Manufacturing 33271 Machine Shops 33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension Components ( except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing 42271 Petroleum Bulk Stations and Terminals 44111 New Car Dealers 44711 Gasoline Stations with Convenience Store 44719 Other Gasoline Stations 48411 General Freight Trucking, Local 48421 Used Household and Office Goods Moving 48422 Specialized Freight ( except Used Goods) Trucking, Local 56292 Materials Recovery Facilities 221111 Hydroelectric Power Generation 221112 Fossil Fuel Electric Power Generation 221113 Nuclear Electric Power Generation 5 221119 Other Electric Power Generation 221121 Electric Bulk Power Transmission and Control 221122 Electric Power Distribution 311942 Spice and Extract Manufacturing 323110 Commercial Lithographic Printing 323114 Quick Printing 325131 Inorganic Dye and Pigment Manufacturing 325188 All Other Basic Inorganic Chemical Manufacturing 325193 Ethyl Alcohol Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 325211 Plastics Material and Resin Manufacturing 325998 All Other Miscellaneous Chemical Product Manufacturing 331311 Alumina Refining 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring 332999 Other Miscellaneous Fabricated Metal Product Manufacturing 333319 Other Commercial and Service Industry Machinery Manufacturing 333999 All Other General Purpose Machinery Manufacturing 334418 Printed Circuit/ Electronics Assembly Manufacturing 334419 Other Electronic Component Manufacturing 336211 Motor Vehicle Body Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing 336399 All Other Motor Vehicle Part Manufacturing 454311 Heating Oil Dealers 454312 Liquefied Petroleum Gas ( Bottled Gas) Dealers 562111 Solid Waste Collection 562112 Hazardous Waste Collection 562119 Other Waste Collection 562211 Hazardous Waste Treatment and Disposal 562212 Solid Waste Landfills 562213 Solid Waste Combustors and Incinerators 562219 Other Nonhazardous Waste Treatment and Disposal 811111 General Automotive Repair 4( b) Information Requested Pre application Public Meeting and Notice Under 40 CFR 124.31( a) and ( b), facilities applying for an initial Part B permit or a Part B permit renewal, where the renewal application is proposing a change that would qualify as a Class 3 permit modification under 40 CFR 270.42, are required to hold at least one meeting with the public prior to submitting the Part B permit application to the permitting agency. The applicant must submit a summary of the meeting, along with the list of attendees and their addresses, and 6 copies of any written comments or materials submitted at the meeting, to the permitting agency as part of the Part B application ( § 124.31( c)). Under 40 CFR 124.31( d), applicants must provide public notice ( i. e., newspaper advertisement, visible and accessible sign, and broadcast media announcement) of the pre application meeting at least 30 days prior to the meeting. The applicant also must provide a copy of the notice to the permitting agency and to the appropriate units of State and local government. ( Note: In regard to 40 CFR 124.31( c), this ICR addresses the respondent activities associated with collecting the required information. Submittal of this information to the permitting agency is addressed in Supporting Statement for EPA Information Collection Request Number 1573, " Part B Permit Application, Permit Modifications, And Special Permits." )

( i) Data Items:

° A public notice that includes:

 The date, time, and location of the meeting;

 A brief description of the purpose of the meeting;

 A brief description of the facility and proposed operations, including the address or a map ( e. g., a sketched or copied street map) of the facility location;

 A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and  The name, address, and telephone number of a contact person for the applicant.

° Information to be submitted to the permitting agency as part of the Part B permit application:

 Copy of newspaper notice announcing the pre application meeting;

 A summary of a pre application meeting with the public;

 A list of attendees and their addresses; and  Copies of any written comments or materials distributed at the meeting.

( ii) Respondent Activities:

To comply with the requirements in Section 124.31, applicants must perform the following activities: 7 ° Read the regulations;

° Prepare notice of pre application meeting;

° Prepare a multilingual notice of pre application meeting, if appropriate;

° Provide for publication/ posting/ broadcasting of notice;

° Provide copy of pre application meeting notice to the permitting agency and appropriate units of State and local government;

° Retain documentation of the notice;

° Prepare for and conduct the meeting;

° Prepare a meeting summary; and ° Copy the list of attendees with their addresses.

Information Repository Under 40 CFR 124.33, the Agency Director has the authority to require certain applicants/ facilities to establish and maintain an information repository. Applicants/ facilities instructed by the Agency Director to establish an information repository must, at a minimum, provide a written notice about the information repository to all individuals on the facility mailing list. The Agency Director will determine the information to be placed in the information repository.

( i) Data Items:

° Written notice about the information repository; and ° Information in the repository, e. g.:

 A summary of the pre application public meeting;

 A copy of the Part B permit application; and  Any other information the Agency Director determines to be relevant to public understanding of permitting activities at the facility.

( ii) Respondent Activities: 8 To comply with the requirements in section 124.33, applicants must conduct the following activities:

° Read the regulations;

° Arrange with a local building for space to establish the information repository;

° Provide notice of the repository to individuals on the facility mailing list;

° Provide a multilingual notice of the repository to individuals on the facility mailing list, if appropriate;

° Establish the information repository; and ° Maintain the information repository.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities Notice at Application Submittal 40 CFR 124.32 requires the Agency to provide public notice, as set forth in sections 124.10( c)( 1)( ix) and ( x), at the application submittal stage.

Information Repository 40 CFR 124.33 provides discretionary authority for the Agency to require, on a case bycase basis, the owner or operator of a facility to set up an information repository, and to provide a notice to the facility mailing list about the repository. Section 124.33( d) requires the Agency Director to specify the contents of the repository and establish requirements for informing the public about the establishment of the repository ( at a minimum, the Agency Director will require the facility to provide written notice to the facility mailing list).

Trial Burn Notice 40 CFR 270.62( b)( 6), 270.62( d), 270.66( d)( 3), and 270.66( g) require the Agency to provide public notice, as set forth in sections 124.10( c)( 1)( ix) and ( x), of an impending trial burn at a permitted hazardous waste combustion facility, or at a hazardous waste combustion facility operating under interim status. 9 5( b) Collection Methodology and Management In collecting and analyzing the information required by the expanded public participation activities, EPA uses equipment such as personal computers and applicable data base software, when appropriate. The public will receive information through newspaper announcements and other media, and, in some cases, will have access to additional data through an information repository as specified by the Agency under 40 CFR 124.33.

5( c) Small Entity Flexibility In developing the regulations for expanding public involvement in the RCRA permitting process, EPA was sensitive to the needs and concerns of small businesses. Therefore, the regulations describe the minimum efforts necessary to fulfill the public involvement requirements. EPA avoided including narrow, prescriptive requirements in the final RCRA Expanded Public Participation Rule, in order to provide as much flexibility as possible   for the facility, the community, and the Agency   in implementing the requirements. Furthermore, EPA conducted a small entity impact screening analysis for the proposed rule and determined that there were no small entities significantly impacted ( see 59 FR 28680; June 2, 1994). Because there were no substantive changes to the public participation requirements since the proposal, EPA determined that the requirements do not significantly impact small entities.

EPA's intent in developing the requirements was to provide flexibility for a facility, in cooperation with local agencies or community groups, to determine the most effective communication mechanisms for a particular situation. EPA recognizes that, in some situations, an information repository could become resource intensive for a facility or for the local community. EPA addressed this concern by providing discretion to the Director to determine whether to require a repository, rather than requiring it for all facilities.

5( d) Collection Schedule Many of the requirements do not have specific schedules governing the submittal of the information. Requirements that have specific time frames associated with them are described below.

Pre application Public Meeting and Notice 40 CFR 124.31( d) requires the applicant to provide public notice of the pre application meeting at least 30 days before the meeting is scheduled.

Notice at Application Submittal 40 CFR 124.32( b)( 2) requires the Agency Director to publish the notice " within a reasonable period of time after the application is received." 2 Adjustment factor based on Employment Cost Indexes developed by the U. S. Bureau of Labor Statistics for May 2004 and March 2005. Available at: http:// www. bls. gov/ ncs/ ect/.

10 Trial Burn Notice 40 CFR 270.62( b)( 6)( i), 270.62( d), 270.66( d)( 3)( i), and 270.66( g) require the Agency Director to provide notice to the mailing list and to appropriate units of State and local government " within a reasonable time period before the scheduled trial burn."

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6( a) Estimating Respondent Hours EPA estimates respondent burden hours for the information collection requirements associated with the pre application meeting and the information repository requirements in Exhibit 1. The burden estimates for each activity presented in Exhibit 1 include the burden hours ( total and by labor type) per facility, as well as the overall burden hours associated with the given activities.

6( b) Estimating Respondent Costs Labor Costs EPA estimates an average hourly respondent labor cost of $ 105.54 for legal staff, $ 81.60 for managerial staff, $ 64.19 for technical staff, and $ 28.29 for clerical staff. To arrive at these estimates, EPA referred to the currently approved Supporting Statement for EPA Information Collection Request Number 1573, " Part B Permit Application, Permit Modifications, And Special Permits." EPA then applied an adjustment factor of 1.088 to update the loaded hourly rates to 2005 levels. 2 These labor costs are shown in Exhibit 1.

Capital/ Start Up 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 the purchase of file cabinets for an information repository.

In complying with the requirements covered in this ICR, facilities may be required to maintain an information repository. The information repository will require file cabinet space to retain the information required. EPA took the following steps to estimate the cost of the file cabinets: 3 Based on current market prices ( November 2001).

4 Based on an OMB approved discount rate of seven percent ( OMB Circular A 94) and an estimated life of 10 years for a permit.

11

Estimate the number of file cabinets per facility required for the information repository. Given that the standard size, five drawer, lateral file cabinet is expected to hold approximately 16,000 pages of material, EPA estimates that each facility would need to purchase only one file cabinet to retain copies of the applications and other required documentation within the time period of this ICR. The approximate cost of purchasing a file cabinet is estimated at $ 550.3

Calculate the annualized cost. EPA used the following formula to calculate the annual cost to facilities for acquiring the file cabinets:

Annualized Net Present Value = $ 550 x [ 1/(  1/( 1+ k) t)]

where k = discount rate of 7 percent; and t = life of permit ( 10 years). 4 EPA estimates that each facility will pay an annual cost of $ 78 for its file cabinet. This equates to a total annual capital cost of $ 546 for all seven facilities ( i. e., 7 x $ 78 = $ 546). This capital cost is shown in Exhibit 3.

Operation and Maintenance Costs Operation and maintenance ( 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." For this ICR, O& M costs include:

° Newspaper advertisement: EPA estimates that a permit applicant will incur a cost of $ 36.84 for a four line announcement in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility.

° Broadcast media announcement: EPA assumes that the radio broadcast will be a public service. Therefore, the applicant will incur no costs for the radio announcement.

° Meeting materials: EPA estimates that a permit applicant will incur a cost of $ 30 for 100 copies of a three piece handout ( i. e., 300 pages @ $ 0.10/ page) and $ 2.38 for tapes to record the meeting ( i. e., 2 tapes @ $ 1.19/ tape).

° Space rental: EPA assumes that a permit applicant will conduct the pre application 5 RCRAInfo is EPA's comprehensive information system on hazardous waste generation and management facilities. RCRAInfo characterizes facility status, regulated activities, and compliance histories and captures detailed data on the generation and management of hazardous waste.

6 EPA referred to the PEVENT table of the Permit, Closure and Post Closure Module in RCRAInfo to ascertain the permit data.

7 In ascertaining the number of new permit applications, EPA identified records with a permit event code of " OP020" ( i. e., Part B Received). In ascertaining the number of permit renewals, EPA identified records with a permit event code of " OP270" ( i. e., Permit Expires).

12 public meeting in a community center. Thus, the applicant will incur no space rental costs.

° Mailing costs: EPA estimates that a permit applicant will incur a cost of $ 2.22 to mail the pre application notice to the permitting agency and the appropriate units of State and local government ( i. e., 6 government agencies @ $ 0.37/ agency ($ 0.34 for stamp and $ 0.03 for envelope)). EPA also estimates a cost of $ 92.50 for mailing a written notice about the information repository to all individuals on the facility mailing list ( i. e., 250 individuals on the facility mailing list @ $ 0.37/ individual).

These O& M costs are shown in Exhibit 1.

6( c) Estimating Agency Hour and Cost Burden EPA estimates the Agency hour and cost burden associated with all of the requirements covered in this ICR in Exhibit 2.

Describing Agency Activities Notice at Application Submittal. To estimate the number of facilities for which the Agency will have to provide public notice at application submittal in each year covered by the ICR, EPA referred to RCRAInfo. 5, 6 Based on RCRAInfo data, EPA estimated the average annual number of Part B permit applications to be received between 2005 and 2007 for initial permits and permit renewals. 7 By adding these two estimates, EPA ascertained the number of application submittals for which the Agency will have to provide public notice during the threeyear period covered in the ICR. A summary of EPA's assumptions is presented below:

° Based on RCRAInfo data, EPA estimates that 26 initial Part B permit applications, on average, will be received annually between 2005 and 2007.

° RCRAInfo indicates that 53 Part B permits, on average, will expire annually between 2005 and 2007. EPA anticipates that ten percent of these permits ( i. e., 5 8 Based on data obtained from " Exhibit 2: Quantity of RCRA Hazardous Waste Managed and Number of RCRA TSD Facilities, by State, 1999" of The National Biennial RCRA Hazardous Waste Report ( Based on 1999 Data) ( June 2001).

9 EPA referred to the PEVENT table of the Permit, Closure and Post Closure Module in RCRAInfo to ascertain the permit data.

10 In ascertaining the number of trial burns, EPA identified records with the following permit event codes: " MO070" ( i. e., Operating Permit Modification, Trial Burn Plan Approved); " OP070" ( i. e., Operating Permit, Trial Burn Plan Approved); and " RD070" ( i. e., Research and Development, Trial Burn Plan Approved).

13 permits), on average, will not be renewed annually. Thus, EPA estimates that 48 permits ( i. e., 53  5 = 48), on average, will be renewed annually between 2005 and 2007.

Based on the above assumptions, EPA estimates that the Agency will have to provide public notice at application submittal for 74 facilities per year ( i. e., 26 + 48 = 74).

Information Repository. The Agency Director may require facilities to establish information repositories at any point during the permit application process, or during the life of the permit. EPA anticipates that information repositories will be required in a limited number of situations. Unlike the pre application meeting requirements, facilities submitting post closure permit applications or modification requests ( e. g., a Class 3 modification to add a combustion unit or to begin burning dioxin) could also potentially be required to establish a repository.

EPA is assuming that 15 percent of the estimated 31 annual respondents subject to the pre application meeting requirements ( i. e., 0.15 x 31 = 5 facilities) will be required to set up a repository ( see Section 6( d) for a description of the respondent universe estimate for the preapplication requirements). EPA further estimates that one percent of the total universe of 1,575 RCRA treatment, storage, and disposal facilities ( i. e., 0.01 x 1,575 = 16 facilities) would be subject to the repository requirements over the next ten years ( i. e., 16 facilities/ 10 years = 2 facilities per year). 8 In total, EPA estimates that seven facilities per year ( i. e., 5 + 2 = 7) will incur the costs associated with the information repository.

Trial Burn Notice. In estimating the number of facilities for which the Agency will have to provide public notice of an upcoming trial burn, EPA referred to RCRAInfo. 9 RCRAInfo indicates that seven trial burn plans, on average, were approved annually between 1998 and 2000.10 For purposes of this ICR, EPA assumes that the same number will be approved annually between 2005 and 2007. 14 Estimating Agency Hour and Cost Burden Hours. EPA estimates Agency burden hours for the information collection requirements associated with the application submittal notice, the information repository, and the trial burn notice requirements in Exhibit 2. The burden estimates for each activity presented in Exhibit 2 include the burden hours ( total and by labor type) per respondent, as well as the overall burden hours associated with the given activities.

Labor Costs. EPA estimates an average hourly labor cost ( labor plus overhead) of $ 68.70 for legal staff, $ 64.26 for managerial staff, $ 56.02 for technical staff, and $ 18.91 for clerical staff. To derive these estimates, EPA used the General Schedule ( GS) Salary Table 2005. For purposes of this ICR, EPA assigned staff the following government service levels:

Legal Staff GS 15, Step 1 Managerial Staff GS 14, Step 4 Technical Staff GS 12, Step 5 Clerical Staff GS 5, Step 1 To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work year. EPA then multiplied hourly rates by the standard government overhead factor of 1.6.

Capital/ Start Up Costs. The Agency is not expected to incur capital costs in conducting the activities covered in this ICR.

Operation and Maintenance Costs. For this ICR, O& M costs to the Agency include the costs associated with a public notice announcing that a Part B permit application has been received or that a trial burn will take place. For the announcement of receipt of a RCRA permit application, EPA estimates the total cost of each public notice to be $ 129.34. This cost includes the cost of a newspaper announcement. It also includes mailing costs for providing a written notice to all individuals on the facility mailing list. EPA assumes that the radio announcement will be a public service. Thus, the Agency will incur no cost for a radio announcement. For the announcement of a trial burn, EPA estimates the total O& M cost of each notice to be $ 92.50. These O& M costs are shown in Exhibit 2.

6( d) Estimating the Respondent Universe and Total Hour and Cost Burden Pre application Public Meeting and Notice The pre application meeting requirements apply to all facilities applying for an initial RCRA permit, and to already permitted facilities proposing a significant change in facility operations ( i. e., changes equivalent to a Class 3 modification) at renewal. These requirements do not apply to other renewal applications ( i. e., those that do not include significant changes), postclosure applications, or routine permit modification requests. 15 To estimate the number of initial RCRA permits, EPA referred to RCRAInfo. Based on RCRAInfo data, EPA estimates that 26 initial Part B permit applications, on average, will be received annually between 2005 and 2007.

To estimate the number of permit renewals involving a significant change in facility operations, EPA again relied on RCRAInfo. RCRAInfo indicates that 53 RCRA permits, on average, will expire annually between 2005 and 2007. Based on its best judgment, EPA anticipates that ten percent of these permits ( i. e., 5 permits), on average, will not be renewed each year. Thus, EPA estimates that 48 permits ( i. e., 53  5 = 48), on average, will be renewed annually between 2005 and 2007. EPA assumes that, of these 48 permits, only ten percent ( i. e., 48 x 0.10 = 5 permits) will involve significant changes to facility operations and thus be subject to the pre application meeting requirements.

Based on the above assumptions, EPA estimates that 31 facilities ( i. e., 26 + 5 = 31), on average, will be subject to the pre application requirements each year.

Information Repository EPA estimates that, each year, seven facilities will incur the costs associated with the information repository. ( See Section 6( c) for a description of the universe estimate for the information repository requirements.)

6( e) Bottom Line Hour and Cost Burden Respondent Tally Exhibit 3 shows the aggregate annual hour and cost burden to respondents. As shown in the exhibit, EPA estimates the annual respondent burden to be 3,005 hours and $ 176,311. The bottom line burden to respondents over three years is 9,015 hours and $ 528,933.

Agency Tally Exhibit 4 shows the aggregate annual hour and cost burden to the Agency. As shown in the exhibit, EPA estimates the annual Agency burden to be 625 hours, at a cost of $ 37,589. The bottom line burden to the Agency over three years is 1,875 hours, at a cost of $ 112,767. 16 Exhibit 1 Requirements Regarding Expanded Public Participation Estimated Annual Respondent Hour and Cost Burden Legal Managerial Technical Clerical INFORMATION COLLECTION ACTIVITY $ 105.54/ hr $ 81.60/ hr $ 64.19/ hr $ 28.29/ hr Read the regulations 0.00 0.10 0.50 0.00 0.60 $ 40.00 $ 0.00 $ 0.00 31 19 $ 1,240 Prepare notice of pre application meeting 0.00 0.25 1.00 0.25 1.50 $ 92.00 $ 0.00 $ 0.00 31 47 $ 2,852 Prepare multilingual notice of pre application meeting 0.00 0.00 3.50 1.00 4.50 $ 253.00 $ 0.00 $ 0.00 31 140 $ 7,843 Provide for publication/ posting/ broadcasting of the notice 0.00 0.00 1.00 0.50 1.50 $ 78.00 $ 0.00 $ 36.84 31 47 $ 3,560 Provide copy of pre application meeting notice to the permitting agency and appropriate units of State and local government 0.00 0.25 1.00 0.25 1.50 $ 92.00 $ 0.00 $ 2.22 31 47 $ 2,921 Retain documentation of the notice 0.00 0.00 0.00 0.50 0.50 $ 14.00 $ 0.00 $ 0.00 31 16 $ 434 Prepare for and conduct the meeting 0.00 0.00 64.50 5.50 70.00 $ 4,296.00 $ 0.00 $ 32.38 31 2,170 $ 134,180 Prepare meeting summary 0.00 0.00 1.00 7.00 8.00 $ 262.00 $ 0.00 $ 0.00 31 248 $ 8,122 Copy list of attendees with their addresses 0.00 0.00 0.00 1.00 1.00 $ 28.00 $ 0.00 $ 0.00 31 31 $ 868 Subtotal 0.00 0.60 72.50 16.00 89.10 $ 5,155.00 $ 0.00 $ 71.44 31 2,765 $ 162,020 Read the regulations 0.00 0.10 0.50 0.00 0.60 $ 40.00 $ 0.00 $ 0.00 7 4 $ 280 Arrange with a local building for space to establish the information repository 0.00 0.00 10.00 0.00 10.00 $ 642.00 $ 0.00 $ 0.00 7 70 $ 4,494 Provide notice of repository to individuals on facility mailing list 0.00 0.00 1.00 1.50 2.50 $ 107.00 $ 0.00 $ 46.25 7 18 $ 1,073 Provide multilingual notice of repository to individuals on facility mailing list 0.00 0.00 3.50 1.00 4.50 $ 253.00 $ 0.00 $ 46.25 7 32 $ 2,095 Establish the information repository 0.00 0.00 0.10 4.40 4.50 $ 131.00 $ 78.00 $ 0.00 7 32 $ 1,463 Maintain the information repository 0.00 0.00 10.00 2.00 12.00 $ 698.00 $ 0.00 $ 0.00 7 84 $ 4,886 Subtotal 0.00 0.10 25.10 8.90 34.10 $ 1,871.00 $ 78.00 $ 92.50 7 240 $ 14,291 TOTAL 0.00 varies varies varies varies varies varies varies varies 3,005 $ 176,311 Hours and Costs per Respondent Total Hours and Costs Pre Application Public Meeting and Notice ( 124.31) Number of Respondents/

Activity Total Hours/

Year Total Cost/ Year Respondent Hours Labor Cost Capital/ Startup Costs O& M Costs Information Repository ( 124.33) 17 Exhibit 2 Requirements Regarding Expanded Public Participation Estimated Annual Agency Hour and Cost Burden Legal Managerial Technical Clerical INFORMATION COLLECTION ACTIVITY $ 68.70/ hr $ 64.26/ hr $ 56.02/ hr $ 18.91/ hr Provide public notice at application submittal 0.00 0.00 1.50 1.50 3.00 $ 112.00 $ 0.00 $ 83.09 74 222 $ 14,437 Provide multilingual notice 0.00 0.00 3.50 1.00 4.50 $ 215.00 $ 0.00 $ 46.25 74 333 $ 19,333 Subtotal 0.00 0.00 5.00 2.50 7.50 $ 327.00 $ 0.00 $ 129.34 74 555 $ 33,770 Specify contents of repository 0.00 0.50 1.00 0.15 1.65 $ 91.00 $ 0.00 $ 0.00 7 12 $ 637 Establish requirements for informing the public 0.00 0.50 0.00 0.15 0.65 $ 35.00 $ 0.00 $ 0.00 7 5 $ 245 Subtotal 0.00 1.00 1.00 0.30 2.30 $ 126.00 $ 0.00 $ 0.00 7 17 $ 882 Provide public notice prior to trial burns 0.00 0.00 1.50 1.50 3.00 $ 112.00 $ 0.00 $ 46.25 7 21 $ 1,108 Provide multilingual notice 0.00 0.00 3.50 1.00 4.50 $ 215.00 $ 0.00 $ 46.25 7 32 $ 1,829 Subtotal 0.00 0.00 5.00 2.50 7.50 $ 327.00 $ 0.00 $ 92.50 7 53 $ 2,937 TOTAL 0.00 varies varies varies varies varies $ 0.00 varies varies 625 $ 37,589 Total Hours and Costs Hours and Costs Per Respondent Notice at Application Submittal ( 124.32)

Information Repository ( 124.33( b) and ( d))

Trial Burn Notice ( 270.62( b)( 6) and ( d); 270.66( d)( 3) and ( g)) Respondent Hours Labor Cost Capital Startup Costs O& M Costs Number of Respondents/

Activity Total Hours/

Year Total Cost/ Year 18 Exhibit 4 Total Annual Agency Hour and Cost Burden INFORMATION COLLECTION ACTIVITY Total Hours Total Labor Costs Total Capital Cost Total O& M Costs Total Costs Notice at Application Submittal 555 $ 24,198 $ 0 $ 9,572 $ 33,770 Information Repository 17 $ 882 $ 0 $ 0 $ 882 Trial Burn Notice 53 $ 2,289 $ 0 $ 648 $ 2,937 TOTAL 625 $ 27,369 $ 0 $ 10,220 $ 37,589 Exhibit 3 Total Annual Respondent Hour and Cost Burden INFORMATION COLLECTION ACTIVITY Total Hours Total Labor Costs Total Capital Cost Total O& M Costs Total Costs Pre Application Public Meeting and Notice 2,765 $ 159,805 $ 0 $ 2,215 $ 162,020 Information Repository 240 $ 13,097 $ 546 $ 648 $ 14,291 TOTAL 3,005 $ 172,902 $ 546 $ 2,863 $ 176,311 19 6( f) Reasons for Change in Burden This ICR assumes no change in the annual hourly burden for respondents and agency. The change in cost burden estimates are based on current labor rates. Labor rates of course increase over time.

6( g) Burden Statement The estimated reporting or recordkeeping burdens include the time to read the regulations and prepare the required information for activities analyzed in this ICR. EPA developed weighted average reporting and recordkeeping burden estimates based on the number of respondents subject to each of the requirements.

The reporting burden is associated with activities related to both the pre application meeting, estimated to average 88.0 hours, and to the information repository, estimated to average 7.0 hours. Thirty one facilities will conduct activities associated with the pre application meeting, five of those facilities will also conduct recordkeeping activities related to the information repository, and two additional facilities will conduct activities related to the information repository ( these two facilities are not subject to the pre application requirements). Thus, the weighted average reporting burden for respondents is estimated to be 84.2 hours.

The recordkeeping burden is associated with activities related to both the pre application meeting, estimated to average 1.1 hours ( to retain documentation), and to the information repository, estimated to average 27.1 hours. Thirty one facilities will conduct activities associated with the pre application meeting, five of those facilities will also conduct recordkeeping activities related to the information repository, and two additional facilities will conduct activities related to the information repository. Thus, the weighted average recordkeeping burden for respondents is estimated to be 6.8 hours.

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

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. RCRA 2005 0005, which is available for public viewing at the RCRA Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the RCRA Docket is ( 202) 566 0270. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, 20 and to access those documents in the public docket that are available electronically. Once 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, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. RCRA 2005 0005 and OMB control number 2050 0149 in any correspondence.

Part B of the Supporting Statement This part is not applicable.