Exporters of used CRTs destined for recycling must provide written notification to EPA of an intended export before the CRTs are scheduled to leave the U.S. A complete notification must be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period. In addition, upon request by EPA, exporters must furnish to EPA any additional information that a receiving country requests in order to respond to a notification.

	C. Export Notification for Used CRTs Destined for Reuse

      Exporters of used CRTs destined for reuse must send a one-time notification to EPA. In addition, they must keep at the facility copies of normal business records (e.g., contracts) demonstrating that each shipment of exported CRTs will be reused.

REVISIONS TO THE HEADWORKS EXCLUSION

	The Headworks Exclusion rule (see 70 FR 57769; October 4, 2005) allows generators to directly measure solvent chemical levels at the headworks of the wastewater treatment system to determine whether the wastewater mixture is exempt from the definition of hazardous waste. Facilities choosing to conduct direct monitoring must prepare and submit a sampling and analysis plan to the regulatory agency prior to commencement of monitoring and confirm receipt by the regulatory agency. EPA is not requiring any other formal notification to the regulatory agency, unless a change in the facility's operations mandates a change in monitoring.

      In addition, this rule allows manufacturing facilities to claim a de minimis loss of F- or K-listed wastes and non-manufacturing facilities to claim a de minimis loss of any listed hazardous waste. Facilities claiming any part of the expanded de minimis exemption must list Appendix VII and LDR hazardous constituents for each affected waste in the CWA permit application or the submission to a pretreatment control authority, in order to be eligible for the exemption.

DEMONSTRATIONS THAT ORGANIC DYES AND/OR PIGMENTS PRODUCTION NONWASTEWATERS ARE NOT K181

      Under the final rule (see 70 FR 9138; February 24, 2005), generators of organic dyes and/or pigments production nonwastewaters will have to conduct nonhazardous determinations annually to verify that the wastes remain nonhazardous. For facilities that generate 1,000 metric tons or less per year, this determination will be based on knowledge of their wastes. For facilities that generate more than 1,000 metric tons per year, this determination will be based on waste sampling and analysis. These annual testing requirements will be suspended if the wastes remain nonhazardous for three consecutive years of testing. However, if the manufacturing or waste treatment process generating the wastes is significantly altered, the annual testing requirements will be reinstated. EPA believes such a schedule will ensure that generators take measures to determine whether their wastes qualify for the nonhazardous claim.

CARBON DIOXIDE (CO2) EXCLUSION

	The following is the collection schedule under the final exclusion:

 Generators and Class VI UIC well owner/operators that claim the exclusion must sign a certification statement attesting to their compliance with the conditions and keep it onsite for three years.

 Generators and Class VI UIC well owner/operators claiming the exclusion must post the signed certification statement to the company website (if such is available).

 The signed certification must be renewed and reposted each year that the exclusion is claimed.

 The signed certification must be made available within 72 hours of a written request from EPA or authorized state officials.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      6(a)	ESTIMATING RESPONDENT BURDEN

      This ICR is a comprehensive presentation of all of the information collection activities required for identification, listing, and rulemaking petition regulations. EPA estimated respondent burden hours associated with all of the requirements covered in this ICR in Exhibits 1-6 below. Exhibit 1 addresses the burden for petitioners to read and understand the regulations for identification, listing, and rulemaking petitions. Exhibit 2 addresses general requirements for all rulemaking petitions as well as equivalent testing or analytical method petitions and delisting petitions. Exhibit 3 addresses variances from classification as a solid waste or for classification as a boiler. Exhibit 4 addresses provisions for obtaining hazardous waste exclusions and exemptions under sections 261.3 and 261.4. Exhibit 5 addresses the paperwork requirements under sections 261.31 and 261.35. Each of these exhibits includes the number of hours required to conduct each information collection activity and the cost associated with each requirement. Exhibit 6 summarizes the total annual burden hours and costs to respondents under all of these provisions.

      6(b)	ESTIMATING RESPONDENT COSTS

      Estimating Labor Costs

    	EPA estimates an average hourly labor cost for respondents of $107.43 for legal staff, $90.54 for managerial staff, $44.80 for technical staff, $24.81 for clerical staff, and $18.55 for workman staff. These hourly labor rates are based on the most current estimates of national cross-industry wages by the U.S. Bureau of Labor Statistics for occupational groups SOC 23-1011: Lawyers; SOC 11-0000: Management Occupations; SOC 17-3026: Industrial Engineering Technicians; SOC 53-7064: Packers and Packagers, Hand; and SOC 43-9061: Office Clerks, General, respectively, multiplied by a factor of 1.6741 to account for fringe benefits and overhead.

      Estimating Capital and Operation and Maintenance Costs

      EPA estimates there will be no capital costs incurred. Operation and maintenance (O&M) costs include postage, materials, and lump-sum purchased service costs. Examples of O&M costs include:

 Laboratory fees for analyzing samples;

 Contractor travel/lodging costs;

 Professional certifications for certain work performed; and

 Mailing and shipping costs.

    	To estimate O&M costs, as in the previous ICR (#1189.24), EPA used the June 2010 Consumer Price Index data from the U.S. Bureau of Labor Statistics' (BLS) at http://www.bls.gov/cpi/cpi_dr.htm.

      6(c)	ESTIMATING AGENCY BURDEN AND COST

      Exhibit 7 below presents the estimated annual Agency burden and costs associated with the requirements covered in this ICR. EPA estimates an average hourly labor cost of $70.02 for legal staff, $69.79 for managerial staff, $35.58 for technical staff, and $26.55 for clerical staff that involve State government employee labor rather than Federal employee labor because most RCRA programs are implemented by RCRA-authorized States. These hourly labor rates are based on the most current estimates of State government wages by the U.S. Bureau of Labor Statistics for occupational groups SOC 23-1011: Lawyers; SOC 11-0000: Management Occupations; SOC 19-4091: Environmental Science and Protection Technicians; and SOC 43-9061: Office Clerks, General, respectively, multiplied by a factor of 1.7073 to account for fringe benefits and overhead.

      6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COST

READING AND UNDERSTANDING THE REGULATIONS FOR IDENTIFICATION, LISTING, AND RULEMAKING PETITIONS (Exhibit 1)

      The petitioner must read and understand all of the applicable regulations in 40 CFR Parts 260 and/or 261. This cost is a one-time cost. EPA estimates that all facilities submitting petitions and demonstrations will read the regulations. Thus, EPA estimates that 25,507 respondents will read the pertinent Part 260 and 261 regulations each year.

RULEMAKING PETITIONS (Exhibit 2)

      Section 260.20 requires petitioners seeking to modify or revoke any provision in 40 CFR Parts 260 - 265 and 268 to submit specific information. Based on consultations with the Regions and States, EPA estimates that approximately 21 rulemaking petitions will be submitted every year.

      Section 260.21 requires petitioners for equivalent testing or analytical methods to demonstrate to the satisfaction of the Administrator that the proposed method is equal to or superior to the corresponding method in terms of its sensitivity, accuracy, and reproducibility. EPA estimates that each year, one of the 21 rulemaking petitions submitted will be a petition for equivalent testing or analytical methods. The facility also is expected to comply with the section 260.20 general requirements.

      Section 260.22 requires petitioners seeking to amend 40 CFR Part 261 to exclude a waste produced at a particular facility to demonstrate that the waste does not meet any hazardous waste criteria. EPA estimates that 20 of the 21 rulemaking petitions submitted annually will be delisting petitions for wastes produced at specific facilities. These facilities are also expected to comply with the section 260.20 general requirements.

SOLID WASTE AND BOILER VARIANCE REQUIREMENTS (Exhibit 3)

      Section 260.33 requires facilities that request variances from classification as a solid waste for specified recycled materials (e.g., speculatively collected materials) to address the criteria contained in section 260.31. EPA estimates that for each of the three types of variances described in section 260.31, 10 facilities will submit a request each year, for a total of 30 variance requests annually.

      Section 260.32 requires persons requesting to classify as a boiler certain enclosed devices (using controlled flame combustion) to submit a demonstration addressing the criteria detailed in section 260.32. EPA estimates that one facility will request this variance each year.

HAZARDOUS WASTE EXCLUSIONS (Exhibit 4)

      Under section 261.3(a)(2), facilities may claim a wastewater exclusion. Section 261.3(a)(2)(iv) allows facilities to claim the "Headworks Rule" exemption as amended by the October 4, 2005 final rule (70 FR 57769). EPA estimates that an incremental count of 3,266 facilities may voluntarily claim a Headworks Exclusion exemption under 40 CFR 261.3(a)(2)(iv)(A), (B), (F), or (G). EPA estimates that during the three-year life of this ICR, 3,266 facilities (or 1,089 facilities per year) may be expected to read the rule, and 1,811 facilities may initially prepare and submit a sampling and analysis plan to the regulatory agency and confirm delivery prior to commencing direct monitoring. EPA estimates that these 1,811 facilities may conduct direct monitoring annually, on average, during the life of this ICR, and that between 1% to 2% of these 1,811 facilities (say 1.5%, or 27 facilities), on average, may need to modify their site-specific plan each year because a change in the facility operations mandates a change in the plan. In addition, EPA estimates that 1,337 facilities may take advantage of the expanded de minimis exemption each year under section 261.3(a)(2)(iv)(D). Some of the burden associated with these claimants is one-year only (i.e., initial first year), and some of the burden is annually recurring. Furthermore, because the purpose of this ICR is to estimate annual burden under the rule, EPA has annualized burden over the 3-year lifespan of this ICR.

      Section 261.3(c)(2) allows facilities to obtain a hazardous waste exclusion for certain nonwastewater residues. EPA estimates that one facility will submit a nonwastewater exemption under section 261.3(c)(2).

      Section 261.4(a)(9)(iii) allows facilities to exclude from being a solid waste spent wood preserving solutions and wastewaters from wood preserving processes. EPA believes that most facilities have already taken advantage of this exclusion, but EPA conservatively estimates that five new facilities each year will prepare and submit a notification. An additional 15 facilities will submit a notice of violation and apply for reinstatement annually.

      Section 261.4(a)(17) allows facilities to prepare an application for a site-specific process unit determination for their solid mineral processing materials and to provide notice to EPA. Note that this exclusion was voided by the courts. Therefore, no respondents are expected to claim this exclusion.

      Under section 261.4(a)(20)(ii)(A), generators and intermediate handlers may obtain a hazardous waste exclusion for zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers. Section 261.4(a)(20)(iii)(B), allows manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to obtain a hazardous waste exclusion. EPA estimates that 24 generators of zinc-bearing hazardous secondary materials used to make fertilizers and five manufacturers of zinc fertilizers or zinc fertilizer ingredients will use the conditional exclusion. These facilities must submit a notification and maintain records. The manufacturers must also submit an annual report, perform sampling and analysis, and keep sampling and analysis records.

      EPA estimates that one facility will prepare a demonstration for chromium-containing waste by following the requirements in section 261.4(b)(6).

      EPA estimates that most of the samples shipped to or returned by a laboratory will be covered by DOT or USPS shipping requirements. EPA estimates that 45 samples per year will not be covered by these requirements and therefore will be subject to the information requirements specified in section 261.4(d)(2)(ii)(A).

      Section 261.4(e)(2) requires persons who generate or collect samples for the purpose of conducting treatability studies to comply with specific informational collections. EPA estimates that two facilities will generate or collect treatability study samples every year and therefore will need to collect and maintain information and report to EPA in the Biennial Report.

      Section 261.4(e)(3) allows persons who generate or collect samples for the purpose of conducting treatability studies to petition to increase the quantity limits on treatability study samples. EPA estimates that one of the generators or collectors of treatability study samples will submit this request. Section 261.4(e)(3) also provides for a two-year extension for treatability studies involving bioremediation. EPA estimates that one of the generators or collectors of these samples will submit a request for an extension.

      Section 261.4(f) requires testing facilities conducting treatability studies to comply with a number of informational requirement provisions. EPA estimates that two testing facilities will seek an exemption each year. These facilities must submit a notification, maintain records, submit an annual report, and submit a termination letter once testing has been completed.

      Section 261.39(a)(2) requires generators of used, broken CRTs destined for recycling to label or mark clearly each container (e.g., "gaylord" box) in which used, broken CRTs are contained, as specified. EPA estimates that, each year, respondents will use 32,423 containers. EPA assumes that these respondents will mark each of these containers by writing the specified words on them. EPA also assumes that each container will be used only once.

      Section 261.39(a)(5) requires exporters of used, broken CRTs to provide written notification to EPA of an intended export before the CRTs are scheduled to leave the U.S. EPA estimates that, each year, 256 shipments of used CRTs will be exported for recycling. EPA expects that these exporters will notify the Agency of their intent to export the used CRTs. In addition, the Agency estimates that approximately 26 exporters will furnish additional information.

      Section 261.39(a)(5)(x) requires exporters of CRTs sent for recycling to file with EPA no later than March 1 of each year, a report summarizing the quantities (in kilograms), frequency of shipment, and ultimate destination(s) of all CRTs exported during the previous calendar year. EPA estimated that approximately 12 U.S. exporters of CRTs sent for recycling will be required to prepare and submit an annual report.

      Section 261.41 requires exporters of used, intact CRTs for reuse to send a one-time notification to EPA. EPA estimates that, each year, 14 respondents will export used CRTs for reuse. EPA assumes that all these respondents will notify the Agency once during the three-year life of the ICR. In estimating the annual respondent hour and cost burden over the three-year period covered by this ICR, EPA annualized the hour and cost burden of this one-time activity by dividing the number of respondents by three. Thus, EPA estimates that 5 respondents (i.e., 14 respondents / 3 years), on average, will submit the one-time notification each year.

      Section 261.41(b) requires exporters of used CRTs for reuse to keep copies of normal business records, such as contracts, demonstrating that each shipment of exported CRT will be reused.  If the documents are written in a language other than English, CRT exporters of used CRTs for reuse must also provide a third-party translation of the normal business records into English upon request by EPA. EPA estimated that between 32 to 58 business records will need to be translated into English.

      Sections 261.4(a)(26) and 261.4(b)(18) require generators of solvent-contaminated wipes that use the conditional exclusions for solvent-contaminated wipes to label containers and keep records. EPA estimates that, each year, generators of reusable wipes will use a total of 1,994,266 plastic bags and will affix one label on each plastic bag.  EPA also estimates that, each year, 62,423 generators of reusable wipes will comply with the recordkeeping requirements. In addition, EPA estimates that, each year, generators of disposable wipes will use a total of 124,491 bags and will affix one label to each plastic bag.  Finally, EPA estimates that, each year, 5,428 generators of disposable wipes will comply with the recordkeeping requirements.

      Section 261.4(h) requires generators and Class VI UIC well owner/operators that use the conditional exclusion for carbon dioxide (CO2) streams in geologic sequestration activities to prepare and post a certification statement and renew their certification.  EPA estimates that 2 generators and 1 Class VI UIC well owner/operator will prepare the certification statement on average annually. EPA also estimates that 3 generators and 1 Class VI UIC well owner/operator will renew the certification on average annually.

HAZARDOUS WASTE LISTING EXEMPTIONS (Exhibit 5)

      EPA estimates that one facility will claim the section 261.31(b)(2) sludge hazardous waste exemption each year. This facility will maintain information supporting the criteria for exemption.

      EPA estimates that one facility per year will develop equipment cleaning or replacement plans under section 261.35, document cleaning or replacement in the facility operating record, and certify that procedures were followed.

      Section 261.32 (d) allows facilities to claim a listing exemption for K181 organic dyes and/or pigments production nonwastewaters. EPA estimates that two facilities will use knowledge of their wastes to determine that their wastes do not contain any of the K181 constituents identified in §261.32(c). EPA estimates that, each year, 22 facilities that generate 1,000 metric tons or less of wastes containing K181 constituents will follow the procedures under §261.32(d)(2) to determine whether or not their wastes exceed the mass loading levels in the listing. EPA estimates that, each year, eight of the nine facilities that generate more than 1,000 metric tons of wastes containing K181 constituents will follow the procedures under §261.32(d)(3) to determine whether or not their wastes exceed the mass loading levels in the listing. (The remaining one facility may continue to burn its waste with high organic content in on site boilers permitted by the State under the Clean Air Act for energy recovery; this waste is also exempt from the K181 listing, and the resultant ash may thus be managed as nonhazardous.)

	Section 261.31(b)(4) allows motor vehicle manufacturers to claim a listing exemption for F019 wastewater treatment sludges from the chemical conversion coating of aluminum. Such facilities must maintain on site for a minimum of three years documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. EPA estimates that seven generators would claim this exemption, incurring negligible burden for this activity since they would most likely keep such records as a standard business practice (e.g., invoices or shipping papers).

EXHIBIT 2, continued

EXHIBIT 3, continued

EXHIBIT 3, continued

EXHIBIT 4, continued

EXHIBIT 4, continued

EXHIBIT 5, continued

EXHIBIT 5, continued

EXHIBIT 6
Total Annual Estimated Respondent Burden and Cost from New ICRs (Finalized following approval of Previous "base" ICR (#1189.24))
Information Collection Activity
New ICRs
Number of Respondents
Total Hours/Year
Total Labor Cost/Year
Total Capital Cost/Year
Total O&M Cost/Year
Total Cost/Year
Reading the Regulations
1.Solvent-Contaminated Wipes (reusable & disposable) Exclusion (#2127.03)
2.Revisions to Exclusions for CRTs (#2455.01)
3.CO2 Exclusion (#2421.04)
22,904
5,727
$291,810
$0
$0
$291,810
Hazardous Waste Exclusions
1(disposable)
& 2 from above

varies
3,782
$89,167
$0
$99,928
$189,095
Solid Waste Exclusions
1(reusable) & 3 from above

varies
55,592
$1,237,723
$0
$1,675,245
$2,912,968
Total Annual Burden

varies
65,101
1,618,700
$0
$1,775,173
$3,393,873

EXHIBIT 7
Total Annual Estimated Respondent Burden and Cost for All Activities Covered in this 2015 Renewal ICR (based on totals from Exhibits 1  -  6)
Information Collection Activity
Number of Respondents
Total Hours/Year
Total Labor Cost/Year
Total Capital Cost/Year
Total O&M Cost/Year
Total Cost/Year
Reading the Regulations
25,507
10,282
$596,169
$0
$0
$596,169
Rulemaking Petitions
varies
1,149
$54,465
$0
$110,902
$165,367
Solid Waste and Boiler Variances
varies
3,746
$167,684
$0
$750
$168,434
Hazardous Waste Exclusions
varies
50,440
$2,181,461
$0
$8,649,753
$10,831,214
Solid Waste Exclusions
varies
59,753
$1,332,077
$0
$1,675,354
$3,007,431
Hazardous Waste Listing Exemptions
varies
462
$20,578
$0
$99,188
$119,766
Total Annual Burden
varies
125,832
$4,352,434
$0
$10,535,947
$14,888,381

EXHIBIT 8, continued

EXHIBIT 8, continued

EXHIBIT 9
Total Annual Estimated Agency Burden and Cost from New ICRs (Finalized following approval of Previous "base" ICR (#1189.24))
                                      ICR

                               Total Hours/Year
                             Total Labor Cost/Year
                            Total O&M Cost/Year
                                Total Cost/Year
Solvent-Contaminated Wipes (reusable & disposable) Exclusion (#2127.03)
0
$0
$0
$0
Revisions to Exclusions for CRTs (#2455.01)
53
$3,172
$0
$3,172
CO2 Exclusion (#2421.04)
0.5

$23
$0
$23
                                     Total
53.5

$3,195
$0
$3,195

EXHIBIT 10
Total Annual Agency Burden and Cost for All Activities Covered in this 2015 Renewal ICR (based on totals from Exhibits 8 and 9)
                                  Activities

                               Total Hours/Year
                                Total Cost/Year
Exhibit 8

                                     5,133
                                   $198,735
Exhibit 9

                                      54
                                    $3,195
                                     Total

                                     5,187
                                   $201,930

      6(e)	BOTTOM LINE BURDEN HOURS AND COSTS

      Respondent Tally

      As shown in Exhibit 7, EPA estimates a total respondent burden of 125,832 hours per year at a cost of $14,888,381. The bottom line burden to respondents over three years is 377,496 hours, with a cost of approximately $44,665,143.

      Agency Tally

      As shown in Exhibit 10, EPA estimates an annual Agency burden of 5,187 hours at a cost of $201,930 per year. The bottom line burden to the Agency over three years is 15,561 hours, at a cost of $605,790.

      6(f)	REASONS FOR CHANGE IN BURDEN

	This ICR (i.e., #1189.26) consolidates and replaces four previously finalized/approved ICRs on the Part 260 and 261 paperwork requirements. The ICR entitled, "Identification, Listing, and Rulemaking Petitions (Renewal)," ICR #1189.24, was the previously approved "base" ICR for the Part 260 and 261 requirements. The ICRs entitled, "Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes (Final Rule)," ICR #2127.03,  "Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule  -  Final Rule," ICR #2455.01, and "Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geological Sequestration Activities  -  Final Rule," ICR #2421.04, are new ICRs. This current ICR (#1189.26) replaces ICR #1189.24, #2127.03, #2455.01 and #2421.03 and, therefore, becomes the new "base" ICR for the Parts 260 and 261 paperwork requirements.

      The annual respondent burden in this current "base" ICR (#1189.26) is estimated to be 125,832 hours, which is a decrease of 8,192 hours from the previously finalized/approved ICRs. The burden decrease is an adjustment to the existing estimates based on data gathered through consultations with EPA Regional and State Offices and the regulated community, not due to program changes.

      In the new "base" ICR for "Identification, Listing and Rulemaking Petitions (Renewal)," ICR #1189.26, EPA estimates a total respondent burden of 125,832 hours per year.  This is an increase of 56,909 hours from the previously approved "base" ICR (#1189.24) burden of 68,923 hours per year.  This increase in respondent burden results entirely from consolidation of three new rulemaking ICRs with ICR #1189.24.  The ICRs entitled, "Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes (Final Rule)," ICR #2127.03,  "Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule  -  Final Rule," ICR #2455.01, and "Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geological Sequestration Activities  -  Final Rule," ICR #2421.04, are the three new rulemaking ICRs.  EPA estimated a total respondent burden of 65,101 hours per year for the three new rulemaking ICRs and a decrease of 8,192 hours for ICR 1189.24 (a net increase in respondent burden of 56,909 hours).  Therefore, the new "base" ICR (#1189.26), which replaces the following four ICRs (#1189.24, #2127.03, #2455.01, and #2421.03) will have a total estimated respondent burden of 125,832 hours (68,923 + 56,909) per year.
      Based on consultations with EPA Regions, States, and the regulated community, EPA believes that the annual estimate for the number of respondents that will prepare and submit new delisting petitions to the Regions will decrease from 20 per year, the number included in the previous base ICR (#1189.24), to 2 per year. Also, based on consultations with EPA Regions, States, and the regulated community, EPA will continue to use its previous estimate of 455 hours for the amount of time respondents will spend on preparing the delisting petitions and 300 hours for the amount of time the Agency will spend for reviewing the delisting petitions. See the attached "Burden Estimate Methodology" for the rationales.

      6(g)	BURDEN STATEMENT

      The annual public reporting and recordkeeping burden for this collection of information is estimated to average about half an hour per response. The annual public reporting and recordkeeping burden for each type of petition or demonstration submitted under provisions covered in this collection of information is estimated as average hours per respondent (see Exhibit 8 below).

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

 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID number EPA-HQ-RCRA-2015-0107, which is available for online viewing at http://www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the OSWER 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 No. EPA-HQ-RCRA-2015-0107 and OMB control number 2050-0053 in any correspondence.

                                  ATTACHMENT

	INFORMATION COLLECTION REQUEST 1189.26
	BURDEN ESTIMATE METHODOLOGY

	Introduction

      40 CFR Parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. This application process entails some amount of burden that is shouldered by the regulated community and EPA staff. In accordance with the 1995 Paperwork Reduction Act (as amended), EPA must estimate respondent and Agency burden associated with all regulatory activities, including the petitions, variances, exclusions, and exemptions allowed for in 40 CFR Parts 260 and 261. Once burden estimates are developed, EPA submits an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for approval. This document describes the methodology for updating burden estimates for the renewal of the ICR covering the regulatory activities cited above.

      The Regional, State, and industry officials were consulted in order to obtain data needed to update and/or verify respondent and EPA burden estimates for these regulatory activities. These consultations are described below. The consultations occurred during the months of April and May 2015.

	Summary of Consultations

Bill Gidley, Nebraska Department of Environmental Quality<PHONE_NUMBER>), reported that no delisting petitions were submitted or processed during the past three years. Three sampling and analysis plans were submitted. He could not quantify how long the plans took to process.
Thomas Mellott, Pennsylvania Department of Environmental Protection<PHONE_NUMBER>), stated that no delisting petition was submitted in the past three years. In the same time frame, Pennsylvania did not have any sampling and analysis plans submitted.
Mark Dennen<PHONE_NUMBER> ext. 7112) and Yan Li<PHONE_NUMBER> ext. 7529), Rhode Island Department of Environmental Management, stated that, in the last three years, Rhode Island did not receive any delisting petitions. They received two sampling and analysis plans, which they estimate took one year to process. Rhode Island received four solid waste variance requests. They anticipate that it will take fifty hours to complete the review for each over a three-month period.
Ed Hammerberg, Maryland Department of the Environment<PHONE_NUMBER>), reported that Maryland is not authorized for delisting petitions. They have not received any requests for exclusions, variances, or exemptions over the past three years or received any sampling and analysis plans.
Candice Callahan, IBM Burlington, Vermont<PHONE_NUMBER>), reported that one delisting petition was submitted to Region 1 in July 2008, and the sampling and analysis plan was approved in January 2011. A total of approximately $17,000, approximately $1000 annually thereafter - (not including internal IBM labor costs), was spent on the petition. The petition took approximately 300 hours. The final delisting was issued in September 2012 (a little over 4 years for the petition to go through the delisting review and rulemaking process).
Tom Noble, John Deere Des Moines Works, Iowa<PHONE_NUMBER>), stated that the delisting petition was submitted to Region 7 the week of 1/28/14. The original sampling and analysis plan was submitted the week of 3/21/11, and the revised sampling and analysis plan was submitted the week of 7/17/12. An estimated total of $107,500 and 516 hours were spent on the petition. Once the petition was submitted to EPA, it took about 10 months for the petition to go through the delisting review and rulemaking process, which was completed the week of 11/25/14.

	Estimates of Burden

      The estimates of burden associated with all regulatory activities identified in the Identification, Listing and Rulemaking Petitions ICR are a combination of burden which has been updated for existing activities based on the information obtained from the consultations described above and burden associated with new ICRs that have been finalized following approval of the previous base ICR (#1189.24). The ICRs entitled, "Conditional Exclusions from Solid Waste and Hazardous Waste for Solvent-Contaminated Wipes (Final Rule)," ICR #2127.03,  "Revision to the Export Provisions of the Cathode Ray Tube (CRT) Rule  -  Final Rule," ICR #2455.01, and "Hazardous Waste Management System: Conditional Exclusion for Carbon Dioxide (CO2) Streams in Geological Sequestration Activities  -  Final Rule," ICR #2421.04, are the new ICRs. The burden associated with these new ICRs is presented in Exhibits 6 and 9 of the above supporting statement. The assessments made based on the information obtained from the consultations are described below. If no information was obtained or available on an activity, it was assumed that the burden information contained in the previously approved base ICR (#1189.24) did not change for that activity.

Delisting Petitions

	As a result of the consultations with Region 1 (no petitions submitted in the past three years), Region 3 (no petitions submitted in the past three years), Region 6 ( no petitions submitted in the past three years), Region 7 (one petition submitted in the past three years), Region 9 (no petitions submitted in the past three years), Region 10 (no petitions submitted in the past three years), the State of Nebraska (no petitions submitted in the past three years), the Commonwealth of Pennsylvania (no petitions submitted in the past three years), and the State of Rhode Island (no petitions submitted in the past three years), the estimate for the total number of delisting petitions submitted to Regions/States for review has been reduced from 20 per year, the number included in the previous base ICR (#1189.24), to 2 per year. Based on the information above, it is estimated that the consulted Regions and States, together, review approximately 1 petition each year. It is estimated that 1 additional petition per year will be reviewed by the remaining EPA Regions and States with delisting authorization.

	The estimated respondent hourly burden is based on information collected from Candice Callahan (IBM) and Tom Noble (John Deere). They estimated 300 hours and 516 hours were spent on preparing the petition. The average result is similar to the 455 hours per petition estimated under the previous base ICR (#1189.24). They did not differentiate such hours between the administrative requirements under section 260.20 and the information requirements under section 260.22. Based on this limited information, the total hourly respondent burden is unchanged from an estimated 455 hours used in the previous base ICR (#1189.24).

	The estimated Agency burden for reviewing a delisting petition is also unchanged from   the 300 hours used in the previous base ICR (#1189.24).  This is because only one petition was submitted to the consulted Regions/States for review, therefore, it is difficult to base an estimate on just one response.

Solid Waste and Boiler Variances

      Based on consultations with State representatives, there have not been many requests recently for variances from classification as a solid waste. Only four requests for a variance from classification as a solid waste were received and all four were received by Rhode Island. The estimated 50 hours for reviewing each variance is same as estimated in the previous base ICR (#1189.24). Therefore, it seems reasonable not to change the respondent burden hour estimates for solid waste and boiler variances included in the previous ICR (#1189.24).

Hazardous Waste Exclusions/Exemptions

	Based on consultations with State representatives, there is not much information available on facilities requesting hazardous waste exclusions/exemptions. Therefore, it does not make sense to change the respondent burden hour estimates for hazardous/solid waste exclusions and exemptions included in the previous ICR (#1189.24).

Hazardous Waste Listing Exemptions

      Based on consultations with State representatives, there is no information available on facilities claiming hazardous waste listing exemptions. Therefore, it does not make sense to change the respondent burden hour estimates for hazardous waste listing exemptions included in the previous ICRs (#1189.24).