[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Pages 61809-61811]
[FR Doc No: 2015-26114]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings--2

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR15-37-001 and PR15-37-002.
    Applicants: Bay Gas Storage Company, Ltd.
    Description: Submits tariff filing per 284.123(b), (e), (g):
Amendment to Petition under NGPA Section 311 to be effective 6/8/2015;
Filing Type: 1270.
    Filed Dates: 10/2/15; 10/5/15.
    Accession Numbers: 20151002-5097; 20151005-5226.
    Comments Due: 5 p.m. ET 10/26/15.

    284.123(g) Protests Due: 5 p.m. ET 10/26/15.

    Docket Numbers: RP16-1-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: 2015 Fuel Tracker Filing to
be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5077.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-2-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Section 4(d) Rate Filing: Fuel Filing on 10-1-15 to be
effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5086.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-3-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Section 4(d) Rate Filing: Fuel Filing on 10-1-15 to be
effective 11/1/2015.

    Filed Date: 10/1/15.
    Accession Number: 20151001-5087.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-4-000.
    Applicants: Southwest Gas Storage Company.
    Description: Section 4(d) Rate Filing: Fuel Filing on 10-1-15 to be
effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5088.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-5-000.
    Applicants: Northern Natural Gas Company.
    Description: Section 4(d) Rate Filing: 20151001 Remove Non-
Conforming Service Agreements to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5095.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-6-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Annual Report of Penalty Revenue Credits of WBI Energy
Transmission, Inc.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5101.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-7-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Amendments to Neg Rate Agmts
(FPL 40097-15, 41618-14, 41619-9) to be effective 10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5112.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-8-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Neg Rate Agmt Filing (Noble
45015) to be effective 10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5118.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-9-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: NC Agmts Filing (Foley 45321
and Brewton 45315) to be effective 9/30/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5122.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-10-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Amendment to Neg Rate Agmt
(Chevron 41610-9) to be effective 10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5128.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-11-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Amendment to Neg Rate Agmt
(Sequent 34693-37) to be effective 10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5129.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-12-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Section 4(d) Rate Filing: EPCR Semi-Annual
Adjustment--Fall 2015 to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5133.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-13-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Section 4(d) Rate Filing: Transporter's Use Gas Annual
Filing--Fall 2015 to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5143.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-14-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Section 4(d) Rate Filing: Update Non-Conforming and
Negotiated Rate Agreements to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5152.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-15-000.
    Applicants: Viking Gas Transmission Company.
    Description: Compliance filing Semi-Annual FLRP--Fall 2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5176.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-16-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Report of Total Penalty Revenue Credits of
Enable Gas Transmission, LLC.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5245.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-17-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Report of Linked Firm Service Penalty Revenue
Credits of Enable Gas Transmission, LLC.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5249.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-18-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Section 4(d) Rate Filing: Multiple Shipper Option
Agreement for FT-1 Customers to be effective 11/15/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5259.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-19-000.
    Applicants: Dominion Carolina Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: FRQ-TDA Filing--2015 to be
effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5294.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-20-000.
    Applicants: Golden Pass Pipeline LLC.
    Description: Section 4(d) Rate Filing: 2015 Gas Tariff Clean up to
be effective 11/2/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5333.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-21-000.
    Applicants: Northern Natural Gas Company.
    Description: Section 4(d) Rate Filing: 20151001 Negotiated Rates to
be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5336.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-22-000.
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Section 4(d) Rate Filing: Revisions to Operational
Impact Areas to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5339.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-23-000.
    Applicants: Equitrans, L.P.
    Description: Section 4(d) Rate Filing: Negotiated Capacity Release
Agreements- 10/01/2015 to be effective 10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5340.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-24-000.
    Applicants: Equitrans, L.P.
    Description: Section 4(d) Rate Filing: Scheduling of Services- Post
Cycle Adjustments to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5352.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-25-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rate Service
Agmt--Texla 156198 to be effective 10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5386.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-26-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated & Non-Conforming
Service Agmt--Broad Run Connector to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5391.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-27-000.
    Applicants: Equitrans, L.P.
    Description: Section 4(d) Rate Filing: Remaining Storage Inventory
Balances to be effective 11/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5409.
    Comments Due: 5 p.m. ET 10/13/15.

    Docket Numbers: RP16-28-000.
    Applicants: Equitrans, L.P.
    Description: Compliance filing Notice Regarding Non-Jurisdictional
Gathering Facilities.
    Filed Date: 10/5/15.
    Accession Number: 20151005-5134.
    Comments Due: 5 p.m. ET 10/19/15.

    Docket Numbers: RP16-29-000.
    Applicants: DBM Pipeline, LLC.
    Description: Section 4(d) Rate Filing: Summary of Negotiated Rate
Agreements to be effective 10/1/2015.
    Filed Date: 10/5/15.
    Accession Number: 20151005-5136.
    Comments Due: 5 p.m. ET 10/19/15.

    Docket Numbers: RP16-30-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Section 4(d) Rate Filing: BP Energy Neg Rate eff 5-1-
2018 to be effective 5/1/2018.
    Filed Date: 10/5/15.
    Accession Number: 20151005-5144.
    Comments Due: 5 p.m. ET 10/19/15.

    Docket Numbers: RP16-31-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Section 4(d) Rate Filing: Constellation Energy
Negotiated Rate to be effective 11/1/2015.
    Filed Date: 10/5/15.
    Accession Number: 20151005-5252.
    Comments Due: 5 p.m. ET 10/19/15.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP15-1204-001.
    Applicants: DBM Pipeline, LLC.
    Description: Compliance filing Compliance Filing to be effective
10/1/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5089.
    Comments Due: 5 p.m. ET 10/13/15.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 6, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-26114 Filed 10-13-15; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498

									     OFFICE OF

									AIR AND RADIATION

10/22/15

MEMORANDUM

SUBJECT: Test Procedure Meeting with Lubrizol

FROM: Christopher Laroo

TO:  Greenhouse Gas Emissions Standards and Fuel Efficiency Standards
for Medium- and

Heavy-Duty Engines and Vehicles - Phase 2 - Docket EPA-HQ-OAR-2014-0827

This memo documents a meeting held on October 22, 2015 between
representatives of the Lubrizol and EPA to discuss test procedures
recently proposed in the Phase 2 greenhouse gas and fuel efficiency
standards for heavy-duty vehicles notice of proposed rulemaking.  The
meeting attendees and a copy of the presentation given by Lubrizol are
enclosed.

The discussion topics included axle, transmission, and engine test
procedures as well as engine lube oil, transmission oil, and axle oil
formulations.


[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18118-18119]
[FR Doc No: 2018-08667]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-35]

Petition for Exemption; Summary of Petition Received; Croman
Corporation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 15, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-0789
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of

Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brent Hart<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 5, 2018.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2017-0789.
    Petitioner: Croman Corporation.
    Section(s) of 14 CFR Affected: 43.3(i).
    Description of Relief Sought: Croman Corporation is seeking relief
to allow pilots employed by Croman Corporation to remove and install
the cabin/cockpit doors on Croman Corporation's Bell 206B helicopters.

[FR Doc. 2018-08667 Filed 4-24-18; 8:45 am]
 BILLING CODE 4910-13-P


  SEQ CHAPTER \h \r 1

October 30, 2008

MEMORANDUM

SUBJECT:  NONROAD2005d Emissions Inventory Model Docket Reference

FROM:        Craig A. Harvey

	                     Assessment and Standards Division

	                     Office of Transportation and Air Quality

TO:		    Docket EPA-HQ-OAR-2005-0161

	The purpose of this memorandum is to provide docket reference
information for EPA’s NONROAD2005d emission inventory model that was
used to generate nonroad equipment emission factors and emission
inventories for the RFS2 proposed rulemaking.  This model is available
from the following docket:

	Docket ID:  EPA-HQ-OAR-2004-0008

	Document ID: EPA-HQ-OAR-2004-0008-0879

	Document Title:  NONROAD2005d Emissions Inventory Model Documentation
for the

Small Nonroad and Marine Spark-Ignition Engine Proposed Rulemaking

Source Selection Information – See FAR 2.101 and 3.104	Page   PAGE  2
of   NUMPAGES  5


SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 1189.15 " HAZARDOUS WASTE LISTING FOR ORGANIC DYES AND/ OR PIGMENTS PRODUCTION WASTES"

February 2005 Office of Solid Waste United States Environmental Protection Agency Washington, D. C. 20460 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( a) Need and Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( b) Practical Utility and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( b) Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . 6 4( a) Respondents and SIC/ NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . 11 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION . . . . . . 12 6( a) Estimating Respondent Burden Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6( c) Estimating Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6( d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6( e) Bottom Line Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6( f) Reasons for Change In Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6( g) Public Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1 1 This ICR uses the terminology " organic dyes and/ or pigments" to refer to all of the organic dyes and/ or pigments production facilities or processes potentially impacted by the final rule. These industries are identified under the Standard Identification Classification ( SIC) as 2865, and under the North American Industrial Classification System ( NAICS) as 325132.

2 These seven CoCs are: aniline, o anisidine, 4 chloroaniline, p cresidine, 2,4 dimethylaniline, 1,2 phenylenediamine, and 1,3 phenylenediamine. 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled " Hazardous Waste Listing for Organic Dyes and/ or Pigments Production Wastes," EPA ICR Number 1189.15.

1( b) Short Characterization The U. S. Environmental Protection Agency ( EPA) is listing nonwastewaters from the production of certain organic dyes, pigments, and food, drug, and cosmetic ( FD& C) colorants1 as hazardous wastes under the Resource Conservation and Recovery Act ( RCRA), as amended. RCRA directs EPA to determine whether these wastes present a hazard to human health and the environment. Listed hazardous wastes are subject to stringent management and treatment standards under Subtitle C of RCRA.

EPA is promulgating a mass loadings based hazardous waste listing ( i. e., K181) for certain organic dyes and/ or pigments manufacturing wastes in 40 CFR section 261.32. Under this listing approach, these wastes are hazardous if they contain any of seven specific constituents of concern ( CoCs) at annual mass loading levels that meet or exceed the specified regulatory levels. 2 If generators determine that their wastes are below regulatory levels for all CoCs, then their wastes are nonhazardous. If their wastes meet or exceed the regulatory levels for any of the CoCs, the wastes must be managed as K181 hazardous wastes unless they are: ( i) disposed in a Subtitle D landfill unit subject to the design criteria in § 258.40, ( ii) disposed in a Subtitle C landfill unit subject to either § 264.301 or § 265.301, ( iii) disposed in other Subtitle D landfill units that meet the design criteria in § 258.40, § 264.301, or § 265.301, or ( iv) treated in a combustion unit that is permitted under Subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act.

The final rule also adds the toxic constituents o anisidine, p cresidine, 2,4 dimethylaniline, 1,2 phenylenediamine, and 1,3 phenylenediamine associated with these identified wastes to the list of constituents that serves as the basis for classifying wastes as hazardous ( 40 CFR Part 261, Appendix VIII). In addition, the final rule adds o anisidine, p cresidine, 2,4 dimethylaniline, and 1,3 phenylenediamine to the treatment standards applicable to F039 landfill leachate and the Universal Treatment Standards ( UTS) listed at § 268.48. 2 In Sections 1 through 5 of this ICR, EPA presents a comprehensive description of the new information collection requirements resulting from the listing of organic dyes and/ or pigments production nonwastewaters. In Section 6, EPA estimates the total annual hour and cost burden to respondents ( i. e., affected organic dyes and/ or pigments production facilities) associated with these new paperwork requirements. In addition, EPA estimates in Section 6( d) the total annual hour and costs to generators and subsequent handlers of these nonwastewaters in complying with existing RCRA information collection requirements that apply to newly listed hazardous wastes.

In the following paragraphs, EPA briefly describes the new information collection requirements in the final rule.

( 1) Procedures for Demonstrating that Organic Dyes and/ or Pigments Production Nonwastewaters Are Not K181 Under § 261.32, EPA is establishing a mass loadings based listing for organic dyes and/ or pigments production nonwastewaters, such that generators of these wastes have the option of demonstrating that their specific wastes are not K181 because they do not meet or exceed the annual mass loadings identified in § 261.32( c). To make this demonstration, generators must follow the procedures under § 261.32( d).

Under § 261.32( d)( 1), generators that have knowledge that their waste contains none of the K181 constituents identified in section 261.32( c) can use their knowledge to determine that their waste is not K181. Generators must keep documentation supporting this annual determination on site for three years.

Under § 261.32( d)( 2), generators can use knowledge of their waste to conclude that mass loadings for the K181 constituents are below the listing levels, if the total annual generation quantity of organic dyes and/ or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators must document that the annual quantity of nonwastewaters expected to be generated is less than 1,000 metric tons, track the actual quantity of nonwastewaters generated over the course of the calendar year, keep a running total of the K181 constituent mass loadings over the course of the calendar year, and keep specified records on site for three years.

Under § 261.32( d)( 3), generators with a total annual generation quantity of organic dyes and/ or pigments production nonwastewaters greater than 1,000 metric tons are required to comply with the testing requirements to make a determination that their wastes are not K181. These generators must develop and follow a waste sampling and analysis plan ( or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes based on knowledge of the wastes. In addition, generators must record the analytical results, record the waste quantity represented by the sampling and analysis results, calculate constituent specific mass loadings, keep a running total of the K181 constituent mass loadings over the course of the calendar year, and determine whether 3 the mass of any of the K181 constituents is below the K181 listing levels. Generators must keep specified documentation on site for three years.

( 2) Recordkeeping Demonstrations for Use of Appropriate Landfills and Combustion Units Under the § 261.32( d)( 4) landfill disposal and combustion exemptions, generators must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit subject to or meets the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection EPA is listing organic dyes and/ or pigments production nonwastewaters ( i. e., K181 waste) under the authority of Sections 2002( a), 3001( b), 3001( e)( 2), 3004( d)( m), and 3007( a) of RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 ( HSWA). Section 3001( e)( 2) directs EPA to make a determination of whether or not to list, under Section 3001( b)( 1), wastes from the production of dyes and pigments, among other wastes. Under this authority, EPA has examined organic dyes and/ or pigments production wastes ( e. g., using risk assessment tools), identified CoCs and their potential risks, and established a " loadings based" approach that would qualify the waste as hazardous under RCRA. Under Sections 2002( a) and 3007( a) of RCRA, EPA is establishing information collection requirements that are needed to ensure that the listed wastes are properly managed and disposed of.

In addition, the final rule satisfies EPA's duty under a Consent Decree between EPA and the Environmental Defense ( formerly Environmental Defense Fund ( EDF)). Under this Consent Decree, the Agency is required to " promulgate final listing determinations for azo/ benzidine, anthraquinone, and triarylmethane dye and pigment production wastes on or before February 16, 2005... These listing determinations shall be proposed for public comment on or before November 10, 2003."

2( b) Practical Utility and Users of the Data Under the final rule, the mass loadings based listing is self implementing, which means that no prior governmental review or approval is needed for the waste to be claimed as nonhazardous. Because of this, EPA believes that the recordkeeping requirements in the final rule are needed to ensure that generators characterize their wastes accurately and reliably, and keep records of the claims on site.

EPA believes the mass loadings based approach allows generators to evaluate the variable wastes they generate individually for hazard, so only wastes that are hazardous are listed. As a 4 3 " Response to Comments Background Document   Hazardous Waste Listing Determination for Dyes and/ or Pigments Manufacturing Wastes ( Final Rule)," dated February 2005, available in the public docket result, there should be less burden on organic dyes and/ or pigments manufacturers than would be imposed by a traditional listing that would bring entire wastes into the hazardous waste system, regardless of the characteristics of wastes generated by individual generators. EPA believes the mass loadings based approach is more protective of the environment than a concentration based listing because concentrations can be modified ( e. g., dilution) to the point that a waste might pass the listing criteria, yet still contain sufficient mass to pose a risk to human health or the environment. Finally, a mass loadings based listing approach may provide an incentive for hazardous waste generating facilities to modify their processes to reduce the use or minimize the release of toxic CoCs.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication None of the new information required by the final rule is duplicative with any information required by the existing RCRA regulations.

3( b) Public Notice In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on November 25, 2003 ( 68 FR 66164) proposing a mass loadings based approach for listing organic dyes and/ or pigments production nonwastewaters as hazardous wastes under RCRA. EPA received 25 comments on the proposed rule in response to the notice. EPA reviewed and addressed these public comments in preparing the final rule and background documents, including this ICR.

In addition, the Office of Management and Budget ( OMB) received " initial comments" from the Color Pigments Manufacturers Association ( CPMA) on the ICR developed for the proposed rule. These comments raised, in very general terms, issues associated with waste characterization and analytical costs. EPA addressed CPMA's " initial comments" in the Response to Public Comments Document3. CPMA also indicated its intention to provide much more detailed comments on the ICR; as of this date, EPA has not received any additional comments from CPMA in this respect.

3( c) Consultations EPA has made a number of efforts to consult with its stakeholders in developing the rule. In 1992, EPA distributed a detailed RCRA Section 3007 survey to organic dyes and/ or pigments 5 4 See " State Phone Calls on On site Waste Management Determination" in the public docket for details.

5 See meeting summaries available in the public docket for this rulemaking. manufacturing facilities in support of a 1994 proposed listings rule. The questionnaire collected information on the management of the wastes generated by each facility, including waste quantity and how the wastes were managed and disposed of. In addition, EPA contacted companies generating the organic dyes and/ or pigments wastes to update the information in the 1992 survey. The updated information EPA collected includes the quantities of waste generated ( for the year 1997), and the waste management practices used by the facilities for each of the wastes.

In 2002, EPA contacted nine State agencies to learn about the existing status of on site land disposal units located at potential organic dyes and/ or pigments production facilities in those States. 4 None of the State contacts identified any facilities with active on site land disposal units of concern, with the exception of a single facility slated for closure that was described as operating surface impoundments equipped with double high density polyethylene ( HDPE) liners. EPA also met with the three primary trade associations   Color Pigments Manufacturers Association ( CPMA), Ecological and Toxicological Association of Dyes and Organic Pigments Manufacturers ( ETAD), and International Association of Color Manufacturers ( IACM)   in December of 2002.5 The trade associations reviewed the Agency's compilation of available information regarding on site waste management practices at known organic dyes and/ or pigments production facilities. Both CPMA and ETAD collected additional information, and provided input on the status of those identified on site waste management practices.

3( d) Effects of Less Frequent Collection Under the final rule, 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 processes generating the wastes are significantly altered, the annual testing requirements will be reinstated.

EPA has carefully considered the information collection burden imposed upon the regulated organic dyes and/ or pigments production community by the final rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes strongly that, if the minimum information collection requirements of the final rule are not met, neither the generators nor EPA can ensure that organic dyes and/ or pigments production nonwastewaters are being properly managed, and do not pose a serious threat to human health and the environment. 6 3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's ICR Handbook, and other applicable OMB guidance.

3( f) Confidentiality Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which defines EPA's general policy on public disclosure of information, contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the final rule. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privacy Act of 1974 and OMB Circular 108.

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC/ NAICS Codes The following is a list of Standard Industrial Classification ( SIC) codes and corresponding North American Industry Classification System ( NAICS) codes associated with industries most likely affected by the information collection requirements covered in this ICR.

Industry Sector SIC Code NAICS Code Flavoring Extracts and Flavoring Syrups Manufacturing 2087 311930 Food Preparations Manufacturing 2099 311942 Industrial Gases Manufacturing 2813 32512 Industrial Inorganic Chemicals Manufacturing 2819 32518, 331311 Biological Products Manufacturing ( Except Diagnostic Substances) 2836 325414 Synthetic Organic Dyes and Pigments Manufacturing 2865 32511, 325132, 325192 Industrial Organic Chemicals Manufacturing 2869 325199 Pesticides and Agricultural Chemicals Manufacturing 2879 32532 7 Industry Sector SIC Code NAICS Code Solid Waste Landfills and Disposal Sites, Nonhazardous 4953 562212 Chemicals and Allied Products ( Wholesale trade) 5169 42269 4( b) Information Requested Under § 261.32, EPA is establishing a mass loadings based listing for organic dyes and/ or pigments production nonwastewaters, such that generators of these wastes have the option of demonstrating that their specific waste is nonhazardous. To have their waste classified as nonhazardous, generators must follow the procedures under § 261.32( d). These procedures are described in the following paragraphs.

( 1) Procedures for Demonstrating that Organic Dyes and/ or Pigments Production Nonwastewaters Are Not K181 ( a) Determination Based on No K181 Constituents Under § 261.32( d)( 1), generators that have knowledge that their waste contains none of the K181 constituents identified in § 261.32( c) can use their knowledge to determine that their waste is not K181. Generators must keep documentation supporting this annual determination on site for three years.

( i) Data Item:

° Documentation supporting the determination that organic dyes and/ or pigments production nonwastewater is not K181.

( ii) Respondent Activities:

° Determine that the organic dyes and/ or pigments production nonwastewater is not K181;

° Document the basis for determining that the organic dyes and/ or pigments production nonwastewater is not K181; and ° Keep each annual supporting documentation on site.

( b) Determination For Generated Quantities Less Than 1,000 MT/ Yr for Wastes That Contain K181 Constituents 8 Under § 261.32( d)( 2), generators can use knowledge of their waste to conclude that mass loadings for the K181 constituents are below the listing levels, if the total annual generation quantity of organic dyes and/ or pigments production nonwastewaters is 1,000 metric tons or less. To make this determination, generators must document that the annual quantity of nonwastewaters expected to be generated is less than 1,000 metric tons, track the actual quantity of nonwastewaters generated over the course of the calendar year ( i. e., from January 1 through December 31 of each year), keep a running total of the K181 constituent mass loadings over the course of the calendar year, and keep specified records on site for three years, as specified in § § 261.32( d)( 2)( i) through ( iv).

( i) Data Items:

° Documentation demonstrating that the annual quantity of organic dyes and/ or pigments production nonwastewaters expected to be generated is less than 1,000 metric tons;

° Quantity of organic dyes and/ or pigments production nonwastewaters generated;

° Relevant process information used; and ° Calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.

( ii) Respondent Activities:

° Document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons;

° Track the actual quantity of nonwastewaters generated over the course of the calendar year;

° Keep a running total of the K181 constituent mass loadings over the course of the calendar year; and ° Keep supporting documentation on site.

( c) Determination for Generated Quantities Greater Than 1,000 MT/ Yr for Wastes That Contain K181 Constituents Under § 261.32( d)( 3), generators with a total annual generation quantity of organic dyes and/ or pigments production nonwastewaters greater than 1,000 metric tons are required to comply with the testing requirements to make a determination that their wastes are not K181.. These generators must develop a waste sampling and analysis plan ( or modify an existing plan) to 9 collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes based on knowledge of the wastes, as specified in § 261.32( d)( 3)( i) through ( iii). In collecting and analyzing the waste samples, generators must follow the waste sampling and analysis plan ( § 261.32( d)( 3)( iv)).

Under § § 261.32( d)( 3)( v) through ( ix), generators must record the analytical results, record the waste quantity represented by the sampling and analysis results, calculate constituent specific mass loadings ( i. e., the product of concentrations and waste quantity), keep a running total of the K181 constituent mass loadings over the course of the calendar year, and determine whether the mass of any of the K181 constituents is below the K181 listing levels.

In addition, generators must keep specified documentation on site for three years, as specified in § 261.32( d)( 3)( x).

Pursuant to § 261.32( d)( 3)( xi), nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous. The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. Generators then can use knowledge of the wastes to support subsequent annual determinations. If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination.

The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels. If testing is reinstated, a description of the process change must be retained.

( i) Data Items:

° Documentation on which K181 constituents are reasonably expected to be present in the wastes;

° Waste sampling and analysis plan to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:

 A discussion of the number of samples needed to characterize the wastes fully;

 The planned sample collection method to obtain representative waste samples;

 A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes; and 10  A detailed description of the test methods to be used, including sample preparation, clean up ( if necessary), and determinative methods;

° Waste sampling and analysis results ( including QA/ QC data);

° Quantity of organic dyes and/ or pigments production nonwastewaters generated; and ° Calculations performed to determine annual mass loadings for each K181 constituent in the nonwastewaters.

° If the annual testing requirements are suspended after three successful demonstrations that the waste are non hazardous, records of the process knowledge information used to support a nonhazardous determination.

° If the manufacturing or waste treatment processes generating the wastes are significantly altered as specified, a description of the process change.

( ii) Respondent Activities:

° Determine which K181 constituents are reasonably expected to be present in the wastes;

° Develop waste sampling and analysis plan;

° Collect and analyze samples in accordance with the waste sampling and analysis plan;

° Record analytical results;

° Record the waste quantity represented by the sampling and analysis results;

° Calculate constituent specific mass loadings;

° Keep a running total of the K181 constituent mass loadings over the course of the calendar year;

° Determine whether the mass of any of the K181 constituents is below the K181 listing levels; and ° Keep supporting documentation on site. 11 ° If the annual testing requirements are suspended after three successful demonstrations that the waste are nonhazardous, the generator can:

 Use knowledge of the waste to support subsequent annual determination; and  Keep records of the process knowledge information used to support a nonhazardous determination.

° If the manufacturing or waste treatment processes generating the wastes are significantly altered as specified, reinstate annual testing requirements and retain a description of the process change.

( 2) Recordkeeping Demonstrations for Use of Appropriate Landfills and Combustion Units Under the § 261.32( d)( 4) landfill disposal and combustion exemptions, generators must maintain documentation demonstrating that each shipment of waste was received by a landfill unit subject to or meets the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description. This documentation must be maintained on site for a period of three years.

( i) Data Item:

° Documentation demonstrating that each shipment of waste was received by a landfill unit subject to the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description.

( ii) Respondent Activity:

° Maintain documentation demonstrating that each shipment of waste was received by a landfill unit subject to the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description.

5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities There are no Agency activities associated with the new information collection requirements for generators of organic dyes and/ or pigments production nonwastewaters. 12 5( b) Collection Methodology and Management All of the information collected under the listing will be maintained at the generator's facility. There are no Agency collection activities associated with the new requirements for generators of organic dyes and/ or pigments production nonwastewaters.

5( c) Small Entity Flexibility The final rule includes a mass loadings based listing for organic dyes and/ or pigments production nonwastewaters that allows generators to determine whether their waste is nonhazardous under the listing. Thus, although the final rule adds the K181 wastes to the hazardous waste listings, the rule provides flexibility to both large and small generators to determine whether they can manage their waste as nonhazardous, as specified. If a small entity's waste does qualify as hazardous under the listings, the small entity may be eligible for complying with the small quantity generator standards, which impose fewer paperwork requirements than the standards for large quantity generators.

5( d) Collection Schedule Under the final rule, 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 are 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.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6( a) Estimating Respondent Burden Hours In Exhibit 1, EPA estimates the respondent hourly burden associated with the new paperwork requirements resulting from the listing of organic dyes and/ or pigments production nonwastewaters as hazardous waste. Exhibit 1 includes burden hours ( total and by labor type) per respondent, as well as the overall burden hours for all respondents.

6( b) Estimating Respondent Costs 13 6 Hazardous Waste Generator Standards ICR, EPA ICR Number 820.08, June 2001.

7 To update the hourly rates to 2004 levels, EPA referred to " Table 6. Employment Cost Index ( Wages and Salaries Only), Private Industry Workers by Occupation and Industry Group ( Not seasonally adjusted)" of Employment Cost Index: Historical Listing ( June 1989 = 100), U. S. Bureau of Labor Statistics ( July 29, 2004). This table presents employment cost indices for private industry workers, by annual quarter ( i. e., for March, June, September, and December). EPA used the June 2001 Index ( 150.9) and the June 2004 Index ( 164.5) to develop an adjustment factor of 1.090 ( i. e., 164.5 / 150.9 = 1.090). Available at: http:// www. bls. gov/ ncs/ ect/ home. htm. EPA estimates the annual respondent costs associated with the new paperwork requirements in Exhibit 1. These costs are based on the cost of labor, capital, and operation and maintenance ( O& M).

( 1) Labor Costs For purposes of this analysis, EPA estimates an average hourly respondent labor rate ( including fringe and overhead) of $ 115.74 for legal staff, $ 90.78 for managerial staff, $ 59.42 for technical staff, and $ 31.08 for clerical staff. These respondent labor rates were obtained from a currently approved ICR, 6 and updated to 2004 levels using Employment Cost Indices developed by the U. S. Bureau of Labor Statistics. 7 Using the total burden hours discussed in Section 6( a) and the hourly wage rates outlined in this section, Exhibit 1 illustrates the labor costs associated with the information collection requirements covered in this ICR.

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

( 3) Operation & Maintenance Costs O& M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as " the recurring dollar amount of costs associated with O& M or purchasing services." For this ICR, O& M costs include initial waste characterization costs, which involve determining which K181 constituents are present in the wastes based on testing. O& M costs also include analytical costs, which involve: ( 1) developing analytical methods for sampling the CoCs added to 40 CFR Part 261, Appendix VIII and ( 2) waste sampling and analysis. These O& M costs were obtained from 14 8 Refer to EPA's " Economic Assessment for the Proposed Loadings Based Listing of Non Wastewaters from the Production of Selected Organic Dyes, Pigments, and Food, Drug, and Cosmetic Colorants," November 2003; and " Revised Impact Assessment" ( Memorandum from Lyn D. Luben to the RCRA Docket, July 21, 2004).

9 The inflation index was obtained at: http:// www. jsc. nasa. gov/ bu2/ inflateGDP. html. the economic assessment developed for this rulemaking8, and updated to 2004 levels using an inflation index of 1.0131.9 Derivation of the O& M costs is presented in Table 1.

Table 1 O& M Costs Used in the Development of this ICR O& M Cost Category O& M Cost in Economic Assessment ( 2003 Dollars) Inflation Factor O& M Cost in this ICR ( 2004 Dollars)

Initial waste characterization costs $ 3,984 1.0131 $ 4,036 Analytical costs $ 6,530 1.0131 $ 6,616 6( c) Estimating Agency Hour and Cost Burden As stated earlier, there are no Agency activities associated with the new information collection requirements for generators of organic dyes and/ or pigments production nonwastewaters. Thus, there is no Agency burden or cost associated with this final rule.

6( d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden In this section, EPA first describes the respondent universe affected by the new information collection requirements resulting from the listing of organic dyes and/ or pigments production nonwastewaters as hazardous wastes. EPA then estimates the annual aggregate burden to respondents under the final rule and existing RCRA information collection requirements.

The universe estimates and assumptions used in the development of this ICR are based on the economic assessment developed for this rulemaking.

( 1) Respondent Universe 15 Table 2 presents the annual number of respondents expected to generate organic dyes and/ or pigments production nonwastewaters during the three year period covered by this ICR. It shows that EPA expects a total of 33 facilities to generate organic dyes and/ or pigments production nonwastewaters each year. Of these facilities, EPA estimates that two will generate nonwastewaters that contain none of the K181 CoCs and that 31 will generate nonwastewaters that contain one or more K181 CoCs.

Table 2 Annual Number of Respondents Subject to the New Paperwork Requirements under the Final Rule Type of Organic Dyes and/ or Pigments Production Nonwastewater Number of Respondents a

1,000 Metric Tons > 1,000 Metric Tons Total Waste with no K181 CoCs 1 1 2 Waste with K181 CoCs 22 9 31 Total 23 10 33 a Excludes three organic dyes and/ or pigments production facilities with zero waste quantities.

The following paragraphs discuss these universe estimates in relation to the final rule and existing RCRA information collection requirements.

( 2) Annual Respondent Hour and Cost Burden under the Final Rule Based on the universe data presented in Table 2, EPA estimated respondent burden associated with all of the new paperwork requirements under the final rule in Exhibit 1. A discussion of the assumptions used in developing these burden estimates follows.

( a) Reading the Regulations EPA estimates that 33 respondents will be subject to the new paperwork requirements under the final rule. EPA assumes that all these respondents will read the preamble to the rule and the regulations each year.

( b) Procedures for Demonstrating that Organic Dyes and/ or Pigments Production Nonwastewaters Are Not K181 ( b1) Determination Based on No K181 Constituents 16 EPA estimates that two respondents will use knowledge of their wastes to determine that their organic dyes and/ or pigments production nonwastewaters do not contain any of the K181 CoCs identified in § 261.32( c). These respondents will keep documentation on site for three years supporting their determination that the nonwastewaters are nonhazardous.

( b2) Determination For Generated Quantities Less Than 1,000 MT/ yr for Wastes That Contain K181 Constituents EPA estimates that, each year, 22 facilities will generate 1,000 metric tons or less of organic dyes and/ or pigments production nonwastewaters containing K181 CoCs. These 22 facilities are expected to follow the procedures under § 261.32( d)( 2) to determine whether or not their wastes exceed the mass loading levels in the listing.

To support their determination, facilities will need to estimate how much waste they expect to generate each year, track the actual quantity of organic dyes and/ or pigments production nonwastewaters generated over the course of the year, keep a running total of the K181 constituent mass loadings over the course of the year, and keep supporting documentation on site for three years, as specified.

( b3) Determination For Generated Quantities Greater Than 1,000 MT/ Yr for Wastes That Contain K181 Constituents EPA estimates that, each year, nine facilities will generate more than 1,000 metric tons of organic dyes and/ or pigments production nonwastewaters containing K181 CoCs. Of these nine facilities, eight are expected to follow the procedures under § 261.32( d)( 3) to determine whether or not their wastes exceed the mass loading levels in the listing. EPA assumes that the remaining facility will continue to burn its nonwastewaters with high organic content in onsite boilers for energy recovery.

To support their determination, eight of the nine facilities will need to identify target K181 CoCs ( based on knowledge of their wastes or testing), develop and follow a waste sampling and analysis plan, calculate mass loadings based on analytical results, determine whether the annual mass loadings are below the K181 listing levels, and keep supporting documentation on site for three years, as specified.

EPA conservatively assumes that the annual testing requirements will be suspended for none of the facilities during the three year period covered by this ICR.

( c) Recordkeeping Demonstrations for Use of Appropriate Landfills and Combustion Units Table 3 presents a summary of EPA's assumptions regarding the waste management practices of the 31 potentially impacted facilities expected to generate organic dyes and/ or 17 pigments production nonwastewaters containing K181 CoCs. As shown in the table, EPA estimates that, 30 of the 31 facilities may likely send their in scope nonwastewaters to landfill units that meet the design criteria of § 258.40, § 264.301 or § 265.301 if annual mass loadings for the K181 CoCs meet or exceed one or more of the respective listing levels. As such, these wastes are conditionally exempt from the K181 listing. The remaining facility may continue to burn its waste with high organic content in onsite 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. These facilities must maintain documentation demonstrating that each shipment of waste was received by a landfill unit subject to the landfill design standards set out in the listing description, or was treated in a combustion unit as specified in the listing description. This documentation must be maintained on site for a period of three years.

Table 3 Compliance Waste Management Practices for Organic Dyes and/ or Pigments Nonwastewaters Containing K181 Constituents of Concern Type of Waste Management Number of Respondents

1,000 Metric Tons > 1,000 Metric Tons Total Subtitle D Landfill a 22 8 30 Onsite combustion units, followed by Subtitle D landfill of ash b 0 1 1 Total 22 9 31 a Assumes landfill meets § 258.40, § 264.301, or § 265.301design standards. b Waste treated in an onsite combustion unit that is permitted under the Clean Air Act is exempt from the K181 listing.

( 3) Annual Respondent Hour and Cost Burden under Existing Information Collection Requirements Based on the feasible scenarios assumed above for the analysis of the new information collection requirements from the new K181 listing, in scope organic dyes and/ or pigments manufacturing nonwastewaters will likely be conditionally exempt from the K181 listing. Therefore, such wastes will not be subject to existing RCRA information collection requirements. On the other hand, EPA estimated the hour and cost burden that impacted expanded scope 18 10 Thirteen non dyes and/ or pigment facilities handling other hazardous organic nonwastewaters may potentially be impacted due to the addition of certain K181 listing constituents to the UTS standards. These facilities need to perform additional sampling and analysis to comply with the Land Disposal Restrictions ( LDR) requirements. See discussions at 68 FR 66220, November 25, 2003. facilities10 will incur in complying with existing RCRA information collection requirements. These costs are presented in Exhibit 2.

In developing Exhibit 2, EPA identified the existing information collection activities that will be undertaken by the potentially impacted facilities, calculated the associated hour and cost burden, and presented the totals in the exhibit. Below is the affected ICR, along with a description of relevant capital and O& M costs:

Land Disposal Restrictions ICR ( EPA ICR Number 1442): there are no capital costs; O& M costs are associated with waste analyses and transmittal and recordkeeping of one time LDR notifications and certifications.

6( e) Bottom Line Hour and Cost Burden ( 1) Respondent Tally EPA presents the total annual respondent burden and cost for the new information collection requirements associated with the final rule in Exhibit 1. In Exhibit 2, EPA tallies respondents' burden under the rule and existing RCRA information collection requirements, in order to derive aggregate burden.

Exhibit 2 shows that the burden under the final rule is estimated to be 563 hours and $ 123,776 annually. EPA estimates that the burden under existing program requirements will be 2 hours and $ 86,102 per year. Thus, the aggregate burden under the final rule is estimated to be 565 hours and $ 209,878 per year. The three year bottom line aggregate burden is estimated to be 1,695 hours and $ 629,634.

( 2) Agency Tally There are no Agency activities associated with the new information collection requirements. Thus, there is no Agency hour or cost burden associated with this rule. 19 EXHIBIT 1 HAZARDOUS WASTE LISTING FOR ORGANIC DYES AND/ OR PIGMENTS PRODUCTION WASTES a ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs per Respondent Total Hours and Costs Legal Manager Technical Clerical Respondent Hours/ Year Labor Cost/ Year Capital/

Startup/ Cost O& M Cost Number of Respondents Total Hours/

Year Total Cost/ Year INFORMATION COLLECTION ACTIVITY $ 115.74/ Hr $ 90.78/ Hr $ 59.42/ Hr $ 31.08/ Hr READING THE REGULATIONS Read the regulations 1.50 2.50 2.50 0.00 6.50 $ 549.11 $ 0.00 $ 0.00 33 215 $ 18,121 PROCEDURES FOR DEMONSTRATING THAT ORGANIC DYES AND/ OR PIGMENTS PRODUCTION NONWASTEWATERS ARE NOT K181 Determination Based on No K181 Constituents Determine that the organic dyes and/ or pigments production nonwastewater is not K181 0.00 0.25 1.00 0.00 1.25 $ 82.12 $ 0.00 $ 0.00 2 3 $ 164 Document the basis for determining that the organic dyes and/ or pigments production nonwastewater is not K181 on an annual basis 0.00 0.00 0.50 0.00 0.50 $ 29.71 $ 0.00 $ 0.00 2 1 $ 59 Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.11 $ 0.00 $ 0.00 2 0 $ 6 Subtotal 0.00 0.25 1.50 0.10 1.85 $ 114.94 $ 0.00 $ 0.00 2 4 $ 229 Determination For Low Volume Wastes that Contain K181 Constituents Document the basis for determining that the annual quantity of nonwastewaters expected to be generated is less than 1,000 metric tons 0.00 0.25 4.00 0.10 4.35 $ 263.48 $ 0.00 $ 0.00 22 96 $ 5,797 Track the actual quantity of nonwastewaters generated throughout the year 0.00 0.00 3.00 0.00 3.00 $ 178.26 $ 0.00 $ 0.00 22 66 $ 3,922 Keep a running total of the K181 constituent mass loadings over the course of the calendar year 0.00 0.00 3.00 0.00 3.00 $ 178.26 $ 0.00 $ 0.00 22 66 $ 3,922 Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.11 $ 0.00 $ 0.00 22 2 $ 68 Subtotal 0.00 0.25 10.00 0.20 10.45 $ 623.11 $ 0.00 $ 0.00 22 230 $ 13,709 Determination for High Volume Wastes with K181 Constituents Determine which K181 constituents are reasonably expected to be present in the wastes based on testing 0.00 0.00 2.00 0.10 2.10 $ 121.95 $ 0.00 $ 4,036.00 8 17 $ 33,264 Develop waste sampling and analysis plan 0.00 0.25 4.00 0.50 4.75 $ 275.92 $ 0.00 $ 0.00 8 38 $ 2,207 Collect and analyze samples in accordance with the waste sampling and analysis plan 0.00 0.00 2.00 0.25 2.25 $ 126.61 $ 0.00 $ 6,616.00 8 18 $ 53,941 Record analytical results 0.00 0.00 0.25 0.00 0.25 $ 14.86 $ 0.00 $ 0.00 8 2 $ 119 Record the waste quantity represented by the sampling and analysis results 0.00 0.00 0.25 0.00 0.25 $ 14.86 $ 0.00 $ 0.00 8 2 $ 119 Calculate constituent specific mass loadings 0.00 0.00 1.00 0.00 1.00 $ 59.42 $ 0.00 $ 0.00 8 8 $ 475 Keep a running total of the K181 constituent mass loadings over the course of the calendar year 0.00 0.00 3.00 0.00 3.00 $ 178.26 $ 0.00 $ 0.00 8 24 $ 1,426 Determine whether the annual mass loadings are below the K181 listing levels 0.00 0.00 0.10 0.00 0.10 $ 5.94 $ 0.00 $ 0.00 8 1 $ 48 Keep supporting documentation on site 0.00 0.00 0.00 0.10 0.10 $ 3.11 $ 0.00 $ 0.00 8 1 $ 25 If annual testing requirements are suspended, use knowledge of the waste to support subsequent annual determination 0.00 0.25 4.00 0.00 4.25 $ 260.38 $ 0.00 $ 0.00 0 0 $ 0 If annual testing requirements are suspended, keep records of the process knowledge information used to support a nonhazardous 0.00 0.00 0.00 0.10 0.10 $ 3.11 $ 0.00 $ 0.00 0 0 $ 0 If the manufacturing or waste treatment processes generating the wastes are significantly altered, retain a description of the process change 0.00 0.25 1.00 0.10 1.35 $ 85.22 $ 0.00 $ 0.00 0 0 $ 0 Subtotal 0.00 varies varies varies varies varies $ 0.00 varies varies 111 $ 91,624 RECORDKEEPING DEMONSTRATIONS FOR USE OF APPROPRIATE LANDFILLS Maintain documentation demonstrating that each shipment of waste was received by a landfill cell subject to the landfill design standards set out in the listing description 0.00 0.00 0.00 0.10 0.10 $ 3.11 $ 0.00 $ 0.00 30 3 $ 93 TOTAL varies varies varies varies varies varies varies varies varies 563 $ 123,776 a Exhibit contains round error 20 EXHIBIT 2 ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN SUMMARY a ( INCLUDING SAVINGS IN PAPERWORK BURDEN IN EXISTING ICRs)

ICR Name ICR Number Hours/ Year Labor Cost/ Year Capital Cost/ Year O& M Cost/ Year Total Cost/ Year New Paperwork Requirements Hazardous Waste Listing for Organic Dyes and/ or Pigments Production Wastes 1189 563 $ 38,560 $ 0 $ 85,216 $ 123,776 Existing Paperwork Requirements Land Disposal Restrictions 1442 2 $ 94 $ 0 $ 86,008 $ 86,102 Subtotal N/ A 2 $ 94 $ 0 $ 86,008 $ 86,102 TOTAL N/ A 565 $ 38,654 $ 0 $ 171,224 $ 209,878 a Exhibit contains rounding error. 21 6( f) Reasons for Change In Burden In establishing the K181 listing, EPA added some new information collection requirements to ensure that the wastes are managed and disposed of in a manner that is protective of human health and the environment. The listing also will subject the newly listed organic dyes and/ or pigments production nonwastewaters to the existing RCRA information collection requirements and, as such, reflect an adjustment in the respondent universe for these requirements in the eight affected EPA ICRs.

6( g) Public Burden Statement There is no public reporting burden from the new information collection requirements in the final rule. The hourly recordkeeping burden from the new requirements ranges between 6.5 and 20.40 hours per respondent per year. This burden includes time for reading the regulations, determining whether organic dyes and/ or pigments production nonwastewaters exceed regulatory listing levels, and keeping documentation on site, as specified.

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.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. RCRA 2003 0001, which is available for public viewing at the RCRA Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the RCRA Docket is ( 202) 566 0270. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( RCRA 2003 0001) and OMB control number ( 2050 0053) in any correspondence.