* 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

Beginning in April 2020, EPA reviewed data collected by the e-Manifest system to estimate the number of paper and electronic manifests prepared and offered into transportation annually as well as the number of waste handlers preparing and using these forms. In addition, EPA incorporated feedback from its limited industry consultations performed for this ICR in July and August 2020.

This section first discusses EPA's estimated number of waste handlers who manifest federal and state hazardous waste, respectively. It then discusses the estimated number of manifests that are prepared and offered into transportation annually. These estimates form the basis for the burden estimates in this ICR.

	1) Handlers who Manifest Federal Hazardous Waste

Based on e-Manifest data, EPA estimates the annual number of waste handlers that manifest federal hazardous waste, as shown in Table 2. In total, EPA estimates that 100,319 waste handlers will be involved in the shipment of federally regulated wastes using the federal manifest annually.

                                    Table 2
        Annual Number of Handlers that Manifest Federal Hazardous Waste
                             Type of Waste Handler
                             Number of Facilities
                                  Generators
                                    97,694
                                 Transporters
                                     2,212
                              TSDFs  -  Receivers
                                      413
                                                                          Total
                                    100,319

	2) Handlers who Manifest State Hazardous Waste

Based on e-Manifest data, EPA estimates that 103,617 waste handlers will be involved in the shipment of state-only wastes using the federal manifest annually, as shown in Table 3.

                                    Table 3
         Annual Number of Handlers that Manifest State Hazardous Waste
                             Type of Waste Handler
                             Number of Facilities
                                  Generators
                                   102,140*
                                 Transporters
                                     1,244
                              TSDFs  -  Receivers
		233
                                                                          Total
                                    103,617
*This includes both large and small quantity generators as well as very small quantity generators. Very small quantity generators are not subject to the federal manifest program. However, some states require them to manifest their waste under state-programs broader in scope or more stringent than the federal program.

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

Table 4 presents the total annual number of handlers that manifest federal and state hazardous waste. Specifically, Table 4 combines the handler data in Table 2 (federal handlers) and Table 3 (state handlers) to estimate a total of 203,936 handlers.

                                    Table 4
                   Annual Number of Handlers that Manifest
                      Federal and State Hazardous Waste*
                             Type of Waste Handler
                             Number of Facilities
                                  Generators
                                    199,834
                                 Transporters
                                     3,456
                              TSDFs  -  Receivers
                                      646
                                                                          Total
                                    203,936
*Table includes rounding.

Of these handlers, EPA estimates that, on average, 6% will use the e-Manifest to track shipments of federal and state hazardous waste using an electronic manifest during the 3-year period covered by this ICR. This equates to 11,990 generators, 207 transporters and 39 designated TSDFs (i.e., 12,236 waste handlers).

	4) Annual Number of Manifests Offered into Transportation

Based on its analysis of e-Manifest data, EPA estimates that 1,828,976 manifests are prepared and offered into transportation annually. This includes both paper and electronic manifests for domestic, import, and export shipments. It includes manifests accompanying federal hazardous waste, state-only hazardous waste covered under 40 CFR 260.5, and other regulated wastes whose manifest must be submitted to the e-Manifest (e.g., polychlorinated biphenyls regulated (PCBs) under 40 CFR Part 761).

EPA notes that the proposed rule revises 40 CFR 262.83(c) by adopting the existing manifest provisions at sections 262.20(a)(3) and 262.24 for electronic manifest use and the electronic signature requirements at section 262.25 for export manifests. This is reflected in the estimates presented in this section of the document.

Table 5 shows the annual adoption rate for waste handlers to prepare and use the electronic manifest to track hazardous waste shipments. During the three-year period covered in this ICR, EPA estimates that 6% of manifests will be prepared and transacted electronically and 94% will be prepared and transacted using the paper form, on average, annually.

                                    Table 5
                     Annual Adoption Rate for e-Manifest*
                               Type of Manifest
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average
Paper manifests
                                    99.50%
                                    99.50%
                                    84.00%
                                    94.00%
Electronic manifests
                                     0.50%
                                     0.50%
                                    16.00%
                                     6.00%
* The2022-2023 adoption rates are based on March 2021 background white paper from EPA's Hazardous Waste e-Manifest Advisory Board, "Looking Ahead: Setting e-Manifest Program Priorities and User Fees for FY2022 and FY2023."

As discussed at the beginning of Section 6, this ICR estimates burden based primarily on the three activities shown below in accordance with the scope assumptions in Table 1. Table 6 presents the 3-year average number of manifests for 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 1.210 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 1.719 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 1.829 million manifests on average annually.

                                     Table 6
              3-Year Average Annual Number of Manifests in this ICR*
                          Total Manifest Activities
                            No. of Paper Manifests
                          No. of Electronic Manifests
                             (Federal and State)**
                                     Total
                                   Manifests

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

Participating in Manifest Cycle***
                                   1,100,312
                                      --
                                    109,739
                                      --
                                     --
                                   1,210,051
Submitting Copies to National System****
                                   1,100,312
                                    618,925
                                      --
                                      --
                                     --
                                   1,719,237
Paying Fees****
                                   1,100,312
                                    618,925
                                    109,739
                                      --
                                      --
                                   1,828,976
* See Table 1 and accompanying text for further discussion on how this table sums up paper and electronic manifest totals. This 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. Estimates are based on e-Manifest data.
** EPA estimates that QuickSign will be used for all electronic manifests during the 3 years of this ICR.
*** This includes form completion, transmittal to industry third parties, and recordkeeping by generators, transporters and TSDFs/receiving facilities. This ICR does not estimate burden for paper manifests accompanying state hazardous waste during the manifest cycle.
**** This is performed by designated TSDFs/receiving facilities.

Table 7 presents the manifest counts in Table 6 according to the type of shipment, i.e., domestic, export, or import. For example, Table 7 shows that, of the 1,100,312 paper manifests accompanying federal hazardous waste in Table 6, 1,083,888 forms accompany domestic shipments, 15,026 accompany exports, and 1,398 accompany imports.

                                    Table 7
                        Annual Number of Manifests:*
                    Domestic, Export and Import Shipments
                            Shipment/Manifest Type
                                    Federal
                                     State
                                     Total
Domestic
                                     Paper
                                   1,083,888
                                    609,687
                                   1,693,575
                                  Electronic
                                    69,185
                                    38,916
                                    108,101
                                                                          Total
                                   1,153,073
                                    648,604
                                   1,801,677
Exports
                                     Paper
                                    15,026
                                     8,452
                                    23,478
                                 Electronic**
                                      959
                                      539
                                     1,499
                                                                          Total
                                    15,985
                                     8,991
                                    24,976
Imports
                                     Paper
                                     1,398
                                      786
                                     2,184
                                  Electronic
                                      89
                                      50
                                      139
                                                                          Total
                                     1,487
                                      836
                                     2,323
           * Import and export manifests were estimated based on analysis of data from the e-Manifest system for 2020 and EPA Annual Export Report for 2020, respectively.

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. These exhibits are presented in the appendix to this supporting statement.

Labor Costs

 EPA estimates an average hourly respondent labor cost ($2020) of $114.57/hour for legal staff, $97.01/hour for managerial staff, $40.03/hour for technical staff, and $34.23/hour for clerical staff. To derive these hourly estimates, EPA referred to the May 2019 National Occupational Employment and Wage Estimates published by the U.S. Bureau of Labor Statistics. This publication summarizes the unloaded (base) hourly rate for major occupational groups.  EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates. Finally, EPA updated the loaded hourly rates to March 2020 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.

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 $63,125. 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 paper manifests 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 manifests for domestic, import, and export shipments (except that designated TSDFs in the U.S. do not receive or retain manifests for exports). In total, EPA estimates that waste handlers (i.e., generators, transporters, and designated TSDF/receiving facilities) will need to keep copies of 8,639,725 manifests 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 8,639,725 paper manifests, waste handlers would need 540 file cabinets each year. These 540 file cabinets represent the total capacity needed by the industry, collectively, to store all of its paper manifests. EPA estimates that the cost for one file cabinet is $630 and for all 540 file cabinets is $340,200.

       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 = $340,200 x [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 $63,125 for the 540 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 $1,125 for each set of manifest form samples. These respondents are expected to contract with a printing company. Hence, the fee of $1,125 is considered a lump-sum cost. This O&M cost was obtained through limited consultations with registered printers in July 2020. See Section 3C of this document for additional information about the consultations.

Purchase blank paper manifest forms from EPA-registered printer: EPA estimates that respondents will incur a cost of $0.61 for each blank paper manifest and $0.61 for each blank paper continuation sheet they purchase from an EPA-registered printer,

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, "(d9) 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. This exhibit is presented in the appendix to this supporting statement.

Labor Costs

The hourly Agency labor rates used in this ICR were obtained from the 2020 Salary Tables for federal civilian employees, which are published by the Office of Personnel Management. EPA estimates an average hourly labor cost of $83.84/hour for legal staff, $78.42/hour for managerial staff, $57.49/hour for technical staff, and $23.09/hour for clerical staff. The labor costs are based on the following GS levels and steps: legal labor rates were based on GS Level 15, Step 1, managerial labor rates were based on GS Level 14, Step 4, technical labor rates were based on GS Level 12, Step 5, and clerical labor rates were based on GS Level 5, Step 1. To derive hourly estimates, EPA multiplied hourly rates by the standard government overhead factor of 1.6.

 Capital and Operation & Maintenance Costs

 Table 8 presents preliminary annual capital and O&M cost estimates for the Agency to maintain, upgrade and operate the e-Manifest system over the next 3 years. These costs cover such elements as:

          System development;
          Operations & maintenance;
          Paper manifest processing labor and O&M;
          Call center;
          Billing;
          Additional program costs;
          Additional indirect costs; and
          Manifest processing costs.

                                    Table 8
                      Annual Agency Costs for e-Manifest*
Capital
                                  $9,000,000
O&M
                                  $9,000,000
             *The table shows preliminary estimates.

These costs are reflected in Exhibit 23.

6D.	Estimating Respondent Hours and Costs

Exhibits 1 through 21 estimate the annual respondent burden for all activities related to the manifest system, as modified by the proposed rule. Refer to Sections 6A and 6B of this document for respondent universe data used to estimate burden. Exhibit 22 presents the total aggregate annual hour and cost burden to all respondents under the modified manifest system.

      (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 262.21regulations each year.

      (a2)	Applying to the Registry

EPA estimates that each year, one entity will register with EPA to print its own forms. There are O&M costs to a registrant for paying a lump-sum fee and postage to produce and submit three samples of the manifest and continuation sheet under 40 CFR 262.21(d).

Under the proposed rule, the nine existing registrants  will be required to submit three fully assembled manifests and, if needed, continuation sheets that meet the specifications of 40 CFR 262.21(f) and a description of the form samples, as specified in 40 CFR 262.21(d). For purposes of the ICR, EPA estimates that, each year, three existing registrants will submit their manifest form samples.

      (a3)	Updating General Information in the Approved Application

EPA estimates that, each year, three 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). There are O&M costs to a registrant for paying a lump-sum fee and postage to produce and submit three samples of the manifest and continuation sheet under 40 CFR 262.21(d).

      (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 Part 262 and, for e-Manifest users, the e-Manifest User Guide.

      (b2)	Manifest Completion

Exhibits 3 and 4 present the total annual hour and cost burden for generators to complete their paper and electronic manifests.[,]  Exhibit 3 estimates burden for generators to prepare the manifests on their own (i.e., without the assistance of the designated TSDF). Exhibit 4 estimates the burden for generators whose manifests are prepared by the designated TSDF on their behalf. These generators normally review and complete the manifest as needed (e.g., sign and date it) when the waste is picked up by the transporter.

      (b3)	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.

      (b4)	Manifest Transmittal and Recordkeeping

As reflected in Exhibit 6, EPA estimates the burden for generators to transmit and keep records of manifests sent with highway shipments (91% of all shipments), bulk shipments within the United States solely by water (3%) and rail shipments within the United States which originate at the site of generation (6%).

The proposed rule modifies some of the manifest transmittal procedures for international shipments. For exports, proposed section 262.83(c)(2)(ii) requires the exporter to enter the exporter's EPA ID and email address on the continuation sheet, if the shipments is not initiated by the exporter (50% of export shipments). In addition, the exporter (instead of the transporter) must submit the manifest to the e-Manifest system for purposes of data entry and processing. For imports, the proposed rule would delete the requirement in 40 CFR 262.84(c)(4) that the importer provide an additional copy of the manifest to the transporter to be submitted by the receiving facility to EPA per sections 264.71(a)(3) and 265.71(a)(3). These changes to the information collection requirements are reflected in Exhibit 6.

      (b5)	Undeliverable Shipments

As shown in Exhibit 7, EPA estimates generators' burden for shipments (paper and electronic manifests) that 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). Generators must perform the procedures in section 262.20(d). The exhibit also estimates importers' burden for addressing import shipments that cannot be delivered for any reason to the receiving facility, as required by section 262.84(c)(5).

      (b6)	Rejected Waste and Container Residues

As shown in Exhibit 8, EPA estimates that, each year, 0.5% 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).

      (b7)	Exception Reports:  Completion, Submission, and Recordkeeping

EPA estimates that, on average, LQGs and SQGs will need to develop an exception report under 40 CFR 262.42 for approximately 1% of the manifests offered into transportation. This assumption is reflected in Exhibit 9.

Proposed sections 262.42(d) and (e) establish a more-automated, electronic exception report system, wherein the validation for the need for an exception report, as well as generation of the report itself, would be conducted automatically. Then, provided the generator is registered with the e-Manifest system, they can sign the auto-generated exception report and have it sent directly to EPA.   These changes to the information collection requirements are reflected in Exhibit 9.

      (c)	Transporter Requirements

	(c1)	Reading the Regulations

Exhibit 10 presents the total annual hour and cost burden to hazardous waste transporters in reading the manifest regulations at 40 CFR Part 263 and, for e-Manifest users, the e-Manifest User Guide.

      (c2)	Manifest Completion, Transmittal, and Recordkeeping

Exhibit 11 examines the manifesting burden for transporters transporting domestic and international shipments of hazardous waste. [,]  EPA estimates that, of the manifests offered into transportation each year, approximately 91% will accompany highway shipments, 3% will accompany water shipments, and 6% will accompany rail shipments.

Note that, for exports, EPA is proposing two changes to the transporter manifest transmittal procedures. Under proposed section 262.20(g)(1), the transporter must date (not sign) the manifest when the shipment crosses domestic borders. In addition, the proposed rule would add new provisions to section 262.83 that would require exporters, rather than transporters, to submit export manifests to EPA for processing. These proposed changes are reflected in Exhibit 11.

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). 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.

      (c4)	Post-Receipt Manifest Data Corrections

EPA expects each transporter company to 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 0.1% 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 presents the total annual hour and cost burden to designated TSDFs/receiving facilities in reading the manifest regulations at 40 CFR Part 264 or 265 and, for e-Manifest users, the e-Manifest User Guide.

      (d2)	Completing the Manifest (assisting the generators)

Exhibit 16 estimates the burden for designated TSDFs to assist their generator customers in preparing the manifest on their behalf.

      (d3)	Transmitting the Manifest and Reporting to EPA

Exhibit 17 estimates the burden for designated TSDF/receiving facility completion of all manifests (paper and electronic) involved in the manifest cycle as described in Tables 1 and 6.[ ][,][ ] For all manifests involved in the manifest cycle, proposed sections 264.71(a)(2)(iv) and 265.71(a)(2)(iv) would require the U.S. receiving facility to send a copy of the manifest to the e-Manifest system, not to the generator.

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 federal regulations could place incremental burden on these facilities by clarifying that completion is mandatory for all manifests accompanying state waste.

Because of this, Exhibit 17 estimates burden for facilities to complete paper manifests accompanying state waste that would not have been completed under state regulations. EPA estimates that 25% of paper manifests accompanying state waste are completed as a result of the federal regulations. It is assumed that the remaining 75% of paper manifests were already being completed under state regulations and need not be addressed in this ICR.

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)(2)(v) or 265.71(a)(2)(v). Based on e-Manifest data, EPA estimated the annual submittal rate for each method as shown in Table 9. The table shows that, on average annually during the 3-year life of this ICR, 0% of paper manifests will be submitted as mailed paper copies, 24% as image files, and 60% as data files and image files.

                                    Table 9
             Annual Manifest Submittal Rates, by Submittal Method
                               Submittal Method
                                    Year 1
                                    Year 2
                                    Year 3
                                3-Year Average
                                 Mailed Paper
                                      0%
                                      0%
                                      0%
                                      0%
                                 Image only *
                                    14.50%
                                    14.50%
                                      12%
                                      14%
                              Data & Image **
                                      85%
                                      85%
                                      72%
                                      81%
                                  Electronic
                                     0.5%
                                     0.5%
                                      16%
                                      5%
                                                                          Total
                                     100%
                                     100%
                                     100%
                                     100%
* Facilities scan and upload each copy.
** Facilities have two options for submission: Web method or Service method. In the Web method, the facility enters (e.g., key punches) data on each manifest into the e-Manifest system. In the Service method, the facility upgrades and maintains its in-house data system, which uploads manifest data automatically. All facilities must scan and upload each manifest.

For purposes of this ICR, EPA estimates that Years 1, 2, and 3 correspond approximately to calendar years 2022, 2023, and 2024.

These estimates are reflected in Exhibit 17.

      (d4)	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.

      (d5)	Discrepancy Reports

As reflected in Exhibit 17, EPA estimates that approximately 12% 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 2% of manifests accepted by the designated facility will require a discrepancy report under 40 CFR 264.72 or 265.72.

The proposed rule establishes a framework for electronic Discrepancy Reporting, wherein an automated system would identify relevant discrepancies, allow for the electronic submission of corrections, and if the relevant timeframe is exceeded without sufficient correction, auto-generate a Discrepancy Report that can be electronically submitted by the receiving facility. Exhibit 17 reflects the change in burden associated with the proposed change.

      (d6)	Rejected Waste and Container Residues

As shown in Exhibit 18, EPA estimates the burden for designated facilities to reject a shipment or identify and ship a container residue.

      (d7)	Post-Receipt Manifest Data Corrections

EPA expects each receiving facility (federal and state) to register with the e-Manifest system and have system access for corrections.   Based on e-Manifest data, EPA estimates that facilities will submit corrections or respond with comments for 2% of manifests (paper and electronic) accompanying federal and state waste annually, as reflected in Exhibit 19.

      (d8)	Unmanifested Waste Reports:  Completion and Submission

As shown in Exhibit 20, EPA estimates that receiving facilities will need to notify the Agency of any shipments of hazardous waste that arrive at the facility without a manifest (i.e., un-manifested waste shipment).

Under the proposed rule, EPA would only accept electronic submissions of an Unmanifested Waste Report to the system by the receiving facility. EPA would no longer accept Unmanifested Waste Reports through a written, hard copy report. Thus, under the proposed approach, receiving facilities would need e-Manifest system access to submit Unmanifested Waste Reports. EPA proposes to impose a user fee on receiving facilities for each submission of an Unmanifested Waste Report.

      (d9)	Fees for the Electronic Hazardous Waste Manifest Program

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

Table 6 estimates that 1,785,405 manifests will accompany federal and state waste manifests (electronic and paper) annually. Table 9 presents the average annual manifest submittal rates. Table 10 combines these data to estimate the annual number of manifests by submittal method for which fees must be paid.

                                   Table 10
       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
Mailed Paper
                                      0%
                                      0
Image only
                                      14%
                                   256,057
Data & Image
                                      81%
                                  1,482,391
Electronic
                                      5%
                                   109,739
Total
                                     100%
                                   1,828,976
*Table includes rounding error.
**These average annual percentages are calculated in Table 9 of this document. Averages include rounding.

Table 11 presents EPA's preliminary estimate of the average per-manifest user fees over the 3-year life of this ICR. Exhibit 21 applies these fees to the total annual number of manifests for which fees must be paid as shown in Table 10.

                                   Table 11
                  User Fees per Manifest, by Submittal Method
                               Submittal Method
                               Fee per Manifest
                                 Mailed Paper
                                     $0.00
                                  Image only
                                    $20.00
                               Data & Image
                                    $13.00
                                  Electronic
                                     $8.00

The exhibit also estimates the burden to facilities for implementing the informal fee dispute resolution procedures at 40 CFR 264.1316 and 265.1316.

Annual Respondent Hour and Cost Burden under Other Existing Information Collection Requests

In addition to making changes to manifest information collection requirements, the proposed rule also makes changes to the RCRA hazardous waste international movement document requirements to more closely link the manifest data with the international movement document data. Specifically, EPA would require exporters and importers to list the RCRA manifest tracking number in the international movement document, if the shipment is required to be manifested while being transported in the United States. EPA estimates the hour and cost burden that exporters and importers would incur in complying with the new international movement document requirements in Table 12. The burden associated with these new requirements would be covered under the ICR (EPA ICR Number; OMB Control Number).

                                   Table 12
Annual Respondent Hour and Cost Burden Associated
with New International Movement Document Requirements
                                   ICR Name
                                      EPA
                                  ICR Number
                                    Hours/
                                     Year
                                  Labor Cost/
                                     Year
                                 Capital Cost/
                                     Year
                                 O&M Cost/
                                     Year
                               Total Cost/ Year

Hazardous Waste Generator Standards
                                      820
                                      362
                                    $14,450
                                      $0
                                      $0
                                    $14,450

6E.	Bottom Line Burden Hours and Cost

Respondent Tally

Exhibit 22 shows the total annual hour and cost burden to respondents for the information collection requirements covered in this ICR. As shown in the exhibit, EPA estimates the annual respondent burden to be 2,458,568 hours and $121,690,615. The bottom-line burden to respondents over 3 years is estimated to be 7,375,704 hours and $365,071,845.

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 83,449 hours and $27,950,490. The bottom-line burden to the Agency over 3 years is estimated to be 250,347 hours and $83,851,470.

6F.	Reasons for Change in Burden

This ICR presents a comprehensive description of the total annual respondent burden for all activities related to the manifest system, as modified by the proposed rule. This ICR also presents discussion on factors other than the proposed rule changes that impact the total annual respondent burden for this ICR. Tables 13 and 14 compare the total annual respondent burden and costs under the baseline (i.e., existing) and proposed rule, respectively.

As shown in Tables 13 and 14, the total annual respondent burden and cost would increase by 111,909 hours and $3,474,328, respectively, due to the proposed rule changes and use of a new, refined generator estimate methodology. This ICR updated the generator methodology previously used for the baseline ICR (801.25). The baseline ICR underestimates the total annual respondent burden and costs for all activities related to the manifest system. Tables 15 presents the impacts of the refined methodology to the baseline ICR (801.25). Table 16 compares the updated baseline ICR to this ICR.

The baseline ICR (ICR 801.25) estimated 106,136 waste handlers prepared manifests during calendar year 2019. However, the baseline ICR excluded 113,435 respondents who also prepared manifests in that same year but did not identify themselves as generators in the RCRAInfo system. Although the baseline ICR excluded these waste handlers from the respondent estimate, the manifests prepared by them were included in the total annual manifest count (1,785,404) for the ICR. Therefore, EPA refined its data collection methodology for this ICR (2712.01) to include 100,196 excluded hazardous waste handlers to the hazardous waste handler count. This ICR classifies the previously excluded respondent group as generators because they prepared manifests for their wastes.

The number of generators preparing manifests is a key estimate because it affects the estimated respondent activities associated with reading the manifest regulations and the e-Manifest user guide. The increase in burden and costs for these manifest activities increased the burden and costs for the rule overall and thus overshadowed the annual burden reduction and cost savings resulting from the proposed changes. The proposed changes would allow entities to leverage the e-Manifest system for the completion, transmission, and submission of manifests for hazardous waste export shipments and to complete certain reports (e.g., Exception and Discrepancy Reports) electronically. Addition of the previously excluded group to the annual respondent estimate in this ICR increased the total respondent estimate by 92% (203,936), and thus caused the respondent burden and total annual cost estimates for reading the manifest regulations and the e-Manifest guide to increase approximately 108% (from 70,057 hours to 146,098 hours) and 107% (from $3,665,115 to $7,581,290), respectively. Thus, the adjustment to the number of generators increased the total annual respondent burden and costs for this ICR.

               Table 13 Comparison of Annual Respondent Burden
                     under the Baseline and Proposed Rule

                             Annual Burden (Hours)

                                     2022
                                     2023
                                     2024
                                    Average

                                  Baseline *
                                   2,362,089
                                   2,362,089
                                   2,315,800
                                   2,346,659

                               Proposed Rule **
                                   2,458,568
                                   2,458,568
                                   2,458,578
                                   2,458,568

                                                        Increase under Proposal
                                    111,909
The baseline ICR (EPA ICR Number 0801.25) estimates burden for calendar years 2021, 2022, and 2023. To be consistent with the proposed rule, the table provides estimates for calendar years 2022, 2023, and 2024. To estimate annual burden under the baseline for year 2024, EPA assumed that QuickSign will be used for all electronic manifests.
** The proposed rule ICR (EPA ICR Number 2712.01) estimates burden for calendar years 2022, 2023, and 2024.

                                   Table 14
                    Comparison of Annual Respondent Costs
                     under the Baseline and Proposed Rule

                                 Annual Costs

                                     2022
                                     2023
                                     2024
                                    Average

                                  Baseline *
                                 $118,940,729
                                 $118,940,729
                                 $116,767,403
                                 $118,216,287

                               Proposed Rule **
                                 $115,996,447
                                 $115,996,447
                                 $115,996,447
                                 $121,690.615

                                                        Increase under Proposal
                                  $3,474,328
* The baseline ICR (EPA ICR Number 0801.25) estimates burden for calendar years 2021, 2022, and 2023. To be consistent with the proposed rule, the table provides estimates for calendar years 2022, 2023, and 2024. To estimate annual burden under the baseline for year 2024, EPA assumed that QuickSign will be used for all electronic manifests.
** The proposed rule ICR (EPA ICR Number 2712.01) estimates costs for calendar years 2022, 2023, and 2024.

Table 15 compares the average annual burden and costs under the original baseline and the revised baseline which reflects adjustments to the annual burden and costs resulting from use of the refined generator estimate methodology. Addition of the excluded generators in the baseline ICR results in the total annual burden and costs of 2,537,216 hours and $127,325,497, respectively which is an increase in burden and costs of 175,127 hours and $8,384,768, respectively.

Table 15 Comparison of Annual Burden and Costs under Original and Refined Baseline ICR 801.25

                        Original Baseline ICR (801.25)
                        Updated Baseline ICR (801.25)
                                  Difference
                             Annual Hours (Hours)
                                   2,346,659
                                   2,535,021
                                    188,362
                                 Annual Costs

                                 $118,216,287
                                 $127,188,504
		$8,972,217

Table 16 compares estimates for the updated baseline ICR (801.25) and this ICR (2712.01). The updated baseline ICR estimates an annual respondent burden and total annual costs of 2,535,021 hours and $127,188,504, respectively. This ICR estimates an annual respondent burden of 2,458,568 hours and $121,690,615, respectively, which is a 76,453 hours and $5,497,889 decrease from the updated baseline ICR. The decrease results from the proposed changes to the manifest regulations regarding the: 1) completion, transmission, and submission of manifests for international shipments; and 2) integration of the manifest-related reports (i.e., discrepancy, exception, and unmanifested waste reports) so that they can be transmitted electronically and more efficiently in the e-Manifest system rather than as separate, written reports. In addition, the respondent burden reduction and total annual cost savings result from the decrease in the burden and costs for manifest activities associated with reading the manifest regulations and e-Manifest User Guide. Finally, the total annual cost savings under this ICR also result from the e-Manifest program changes regarding the removal of the postal mail option for submitting paper manifests to EPA and adjustment to the user fees for fiscal years (FYs) 2022/2023. The burden reduction and cost savings associated with reading the manifest regulations and user guide as well as the cost savings resulting from EPA's e-Manifest program changes are as follows:

 The updated baseline ICR estimates that respondent burden and costs for reading the manifest regulations and user guide are 182,431 hours and $9,514,998. This ICR estimates that the respondent burden and cost for these manifest activities is 146,098 hours and $7,581,290 respectively which is approximately 20% decrease for both respondent burden (36,333 hours) and total annual costs ($1,933,708). (See adjustments 7 and 8).

 As of June 30, 2021, EPA no longer accepts paper manifests submitted by postal mail. Receiving facilities now must submit paper manifests either via image only or data plus image to EPA's e-Manifest system. Because mailed manifests were eliminated in FY 2021, there are no estimated annual user fee costs for this manifest type under this ICR. EPA also adjusted the user fees for FY 2022/2023 as shown above in Table 11. As mentioned previously, this ICR estimates burden to waste handlers for paying fees for all manifests (paper and electronic) accompanying federal and state waste. The baseline ICR estimates on average 1.785 million manifests are submitted to the e-Manifest system annually and thus waste handlers would be billed for those submissions. This ICR estimates on average 1.829 million manifests are billed annually for payment which is approximately a 2.5% increase from the baseline ICR (see adjustment 4). Despite the slight increase in the average annual number of manifest submissions for this ICR, respondent costs for paying user fees decreased. The baseline ICR estimates the total annual user fees are $26,580,601. The total annual user fees are $25,272,627 which is approximately a 5% annual cost savings (see adjustment 10).

                                   Table 16
           Comparison of Updated Baseline ICR 801.25 and ICR 2712.01

                             Respondent Parameter
        Updated baseline ICR 801.25 using refined generator methodology
                                  ICR 801.26
	Difference
1. Total annual number of waste handlers using the manifest*
                                    219,571
                                    203,936
                                    15,635
2. Total annual number of manifests in manifest cycle**
                                   1,081,903
                                   1,100,312
                                    18,409
3. Total annual number of paper manifests submitted to National System
                                   1,591,034
                                   1,719,237
                                    128,203
4. Total annual number of manifests (both electronic and paper) for which user fees are paid
                                   1,785,404
                                   1,828,976
                                    43,572
5.  Total annual hourly burden to all facilities for submitting manifest copies to e-Manifest
                                    190,164
                                    196,240
                                     6,076
6. Total annual hourly burden
                                   2,535,021
                                   2,458,568
                                    76,453
10. Average total annual costs
                                 $127,188,504
                                 $121,690,615
                                  $5,497,889
7. Total annual hourly burden to generators for reading the regulations
                                    182,431
                                    146,098
                                    36,333
8. Total annual costs to generators for reading regulations
                                  $9,514,998
                                  $7,581,290
                                  $1,933,708
9. Total annual O&M costs
                                  $28,997,233
                                  $27,328,562
                                  $1,668,671
10. Total annual user fees (O&M cost)***
                                  $26,580,601
                                  $25,272,627
                                  $1,307.974

* Note that the manifest counts in both ICRs are based solely on 2020 e-Manifest data and therefore are accurate.
**This includes form completion, transmittal to industry third parties, and recordkeeping performed by generators, transporters, and TSDFs/receiving facilities
***Total annual user fees are a subset of total annual O&M costs.

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 15 presents these estimates.

                                   Table 17
            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

The burden for reading the e-Manifest User Guide is estimated to be 2 hours per waste handler per year.

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 the paper form 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 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 proposed rule under Docket ID No. EPA - HQ - OLEM - 2021-0609, 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 - 2021-0609 and OMB Control Number 2050-0039 in any correspondence.