SUPPORTING STATEMENT FOR
	EPA INFORMATION COLLECTION REQUEST #1361.17
	"INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL
	FURNACES:  GENERAL HAZARDOUS WASTE FACILITY STANDARDS, SPECIFIC UNIT REQUIREMENTS, AND PART B PERMIT
	APPLICATION AND MODIFICATION REQUIREMENTS"

                                 November 2016
IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)  	TITLE OF THE INFORMATION COLLECTION

	This ICR is entitled "Information Requirements for Boilers and Industrial Furnaces (Renewal)," EPA ICR #1361.17, OMB Control No. 2050-0073.

1(b) 	SHORT CHARACTERIZATION/ABSTRACT

	Section 3004 of the Resource Conservation and Recovery Act (RCRA), as amended, requires that the U.S. Environmental Protection Agency (EPA) develop standards for hazardous waste treatment, storage and disposal facilities (TSDFs) as may be necessary to protect human health and the environment.  Subsections 3004(a)(1), (3), (4), (5) and (6) specify that these standards include, but not be limited to, the following requirements:

 Maintaining records of all hazardous wastes identified or listed under Subtitle C that are treated, stored, or disposed of, and the manner in which such wastes were treated, stored, or disposed of;

 Operating methods, techniques, and practices for treatment, storage, or disposal of hazardous waste;

 Location, design, and construction of such hazardous waste treatment, disposal, or storage facilities;

 Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste; and

 Maintaining or operating such facilities and requiring such additional qualifications as to ownership, continuity of operation, training for personnel, and financial responsibility as may be necessary or desirable.

	The regulations implementing these requirements are codified in the Code of Federal Regulations (CFR) Title 40, Parts 264 and 265.  In addition, section 3005 requires EPA to promulgate regulations requiring TSDFs to obtain a permit.  In the event permit modifications are proposed by an applicant or EPA, modifications must conform to the requirements under sections 3004 and 3005.  The regulations implementing these requirements are codified at 40 CFR Parts 264 and 270.

	On February 21, 1991 and August 25, 1992, EPA promulgated regulations at 40 CFR Parts 260, 261, 264, 265, 266, and 270 covering boilers and industrial furnaces (BIFs) burning hazardous waste.  40 CFR Part 266, Subpart H establishes standards for the burning of hazardous waste in BIFs.  40 CFR 270.22 establishes Part B application information requirements for BIFs burning hazardous waste, and section 270.66 establishes permit requirements for BIFs.  Owners and operators of BIF facilities must comply with these regulations in addition to those regulations applicable to all hazardous waste facilities, as mentioned above.

On September 30, 1999, EPA amended the above regulations with the following provisions:

 Comparable fuel specification: Under 40 CFR 261.38, wastes that meet the comparable fuel specification can be excluded from the definition of solid waste.  Generators claiming the exclusion must demonstrate that the waste meets the specification by submitting a one-time notice.  The notice must claim the exclusion, and demonstrate the development and implementation of a waste sampling and analysis plan that supports the comparable fuel specification.

 Lead recovery furnace exemption: Under 40 CFR 266.100(h), lead recovery furnaces that process hazardous waste for the recovery of lead and that are subject to Secondary Lead Smelting National Emissions Standards for Hazardous Air Pollutants Regulations, may apply for a conditional exemption from 40 CFR Part 266 regulations.  To claim the exemption, the facility owner or operator must submit a one-time notice identifying each hazardous waste burned and demonstrating that the waste burned has a total concentration of organic compounds (Listed in 40 CFR Part 261, Appendix VIII) of less than 500 ppm by weight.

 Regulation of residues: Under 40 CFR 266.112(b)(2)(i), in complying with section 268.43 F039 nonwastewater levels for polychlorinated dibenzodioxins and polychlorinated dibenzo-furans, analyses must be performed for total hexachlorodibenzodioxins, total hexachlorodibenzofurans, total pentachlorodibenzodioxins, total pentachlorodibenzofurans, total tetrachlorodibenzodioxins, and total tetrachlorodibenzofurans.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	NEED/AUTHORITY FOR THE COLLECTION

	Regulations covering BIFs and general hazardous waste facilities are promulgated under authority of sections 1006, 2002, 3001 through 3007, 3010, and 7004 of RCRA, as amended.  On February 21, 1991 and August 25, 1992, EPA expanded controls on hazardous waste combustion to regulate air emissions from the burning of hazardous waste in BIFs, which were previously not regulated.  On September 30, 1999, EPA provided exclusions for certain wastes and types of BIFs.  These BIF regulations are codified at 40 CFR 261.38, 40 CFR Part 266, Subpart H, 40 CFR 270.22, and 40 CFR 270.66.  This section describes the need and authority for each type of information collection analyzed in this ICR.

COMPARABLE/SYNGAS FUEL SPECIFICATION

	EPA promulgated regulations at section 261.38(c) that allow owners and operators of hazardous waste facilities that have waste meeting the comparable/syngas fuel specification to exclude the waste from the definition of solid waste, provided a notification is made and other requirements, including certification, sampling and analysis, and recordkeeping, are met.  This information is required to promote beneficial energy recovery.

GENERAL FACILITY STANDARDS APPLICABLE TO BIFs

General Facility Operating Requirements

	Foreign Shipment Import Report

	EPA promulgated regulations in sections 264.12(a) and 265.12(a) that require owners and operators of hazardous waste facilities that have arranged to receive hazardous wastes from foreign sources to notify the Regional Administrator in writing at least four weeks prior to the expected date of arrival of the shipments at the facility.  EPA uses information in the foreign shipment import report to determine: (1) whether hazardous wastes will be transported safely to the United States, and (2) whether the waste will be managed in a manner that is protective of human health and the environment.  The foreign shipment import report requirement contributes to EPA's goal of minimizing detrimental impacts to the environment resulting from the unsafe transportation and management of hazardous waste.

	Notice of Appropriate Permits

	Section 264.12(b) requires the owner or operator of a facility that receives off-site waste to send a one-time notice to the generator stating that he or she has the appropriate permits for, and will accept, the waste the generator is shipping.  The owner or operator must retain a copy of the notice.  The notice is needed to ensure that waste is being managed properly.  EPA may examine the notices during inspections to ensure that the notifications are being transmitted.

	Notice of Part 264 or 265, and Part 270 Requirements

	Sections 264.12(c) and 265.12(b) require owners and operators transferring ownership of a facility during its operating life, to notify the new owner or operator in writing of the requirements of 40 CFR Parts 264 and 270.  This information is needed to help new owners and operators understand applicable regulations and facilitate compliance.

	Waste Analysis

	EPA promulgated regulations in sections 264.13(a)(1) and 265.13(a)(1) that require owners or operators to obtain a detailed chemical and physical analysis of a representative sample of the waste that will be received.  Section 266.102(b) requires owners and operators of permitted BIFs to quantify the concentration of any hazardous constituent identified in appendix VIII of Part 261 that may reasonably be expected to be in the waste.  Section 266.103(c)(3)(ii)(B) requires owners and operators of interim status BIFs that recycle collected particulate matter to analyze waste for metals content to determine if changes in metal content affect the ability of the facility to meet the metals emissions standards established under section 266.103(c) or (d).  EPA and the owner or operator use information obtained in the waste analysis sample to determine: 1) whether the waste meets the permit standards or limitations of the BIF regulations, particularly for metals, HCl, chlorine, and organics, so that a facility can adequately handle incoming waste; and 2) whether the waste is really what the generator claims it to be.  The owner or operator also uses information obtained from the waste analysis to determine whether there are any potential dangers from handling the waste.  The waste analysis requirement is a principal control for operating parameters, because it is not possible to continuously measure emissions of all compounds.  Waste analysis thus contributes to EPA's goal of preventing undetected releases or reactions of hazardous waste on-site.

	Waste Analysis Plan

	Sections 264.13(b) and 265.13(b) state that the owner or operator of a hazardous waste facility must develop and follow a written waste analysis plan that describes the procedures to be used in obtaining a detailed chemical and physical analysis of the waste.  EPA uses the waste analysis plan as a planning tool to ensure the quality of information obtained from the waste analysis samples required in sections 264.13(a)(1) and 265.13(a)(1).

	Inspection Schedule

	EPA promulgated regulations in sections 264.15(d) and 265.15(d) that require the owner or operator of a facility to record inspections in an inspection log or summary.  EPA and owners and operators use information in the inspection log to determine whether facility equipment is safe for handling hazardous waste.  The inspection requirement contributes to EPA's goal of preventing hazardous waste constituents from being released into the environment due to faulty or deteriorated equipment.

	Personnel Training

	Sections 264.16(d) and 265.16(d) require owners and operators to maintain copies of personnel training documents and records at the facility.  Both EPA and owners and operators use information in personnel training records to determine whether employees have acquired the necessary expertise to perform their jobs.  EPA also reviews personnel records to determine whether employees are receiving a level of training that is commensurate with their duties and responsibilities as well as their ability to respond to any emergency situations at the facility.  Requiring owners and operators to maintain personnel training documents decreases the likelihood that employees are unqualified to handle hazardous waste or respond to emergencies.  The personnel recordkeeping requirement contributes to EPA's goal of minimizing the potential for employee-related mistakes that may threaten human health and the environment.

	Documentation of Compliance for Ignitable, Reactive or Incompatible Wastes

	Section 264.17(c) states that any owner or operator who treats, stores, or disposes of ignitable or reactive wastes, or mixes incompatible wastes, must document compliance with sections 264.17(a) and (b), which require certain precautions to prevent reactions that will threaten human health or the environment.  EPA uses information in the documentation of compliance to determine whether facilities are operating in a manner that is protective of human health and the environment.  The documentation requirement contributes to EPA's goal of minimizing unanticipated damage from the treatment, storage, or disposal of hazardous waste.

Recordkeeping Requirements

	EPA promulgated regulations in 40 CFR 264.73 and 265.73 directing owners or operators of hazardous waste treatment, storage, or disposal facilities to keep a written operating record at the facility.  Other recordkeeping requirements under 40 CFR Parts 264 and 265, Subpart E, include submitting copies of records of waste disposal locations and quantities under sections 264.73(b)(2) and 265.73(b)(2) to the Regional Administrator and local land authority upon closure of the facility (§§264.74(c) and 265.74(c)).  In addition, 40 CFR 264.37(b) requires facilities to document in the operating record any refusal of State or local authorities to enter into arrangements for emergency situations.  EPA uses information collected pursuant to these regulations to select appropriate corrective action and cleanup measures should an unanticipated release of hazardous waste occur.  EPA compliance officials refer to the operating record to determine the following:  1) what cleanup measures are appropriate and 2) whether operating requirements can be better tailored to the needs of a particular site.  EPA anticipates that the owner or operator will use information included in the operating record to prevent receiving, or placing in proximity, wastes that are incompatible with other wastes that are likely to ignite or explode.  Requiring facilities to develop and maintain an operating record and conduct the recordkeeping activities contributes to EPA's goal of minimizing damage to the environment due to the treatment, storage, or disposal of hazardous waste.

Contingency Plan and Emergency Procedures

	Section 3004(a)(5) of RCRA, as amended, requires EPA to develop standards for contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste.  EPA codified regulations that address this statutory requirement in 40 CFR Parts 264 and 265.  40 CFR sections 264.51 through 264.54; section 264.56; sections 265.51 through 265.54; and section 265.56 require all owners and operators of hazardous waste facilities to prepare and maintain  contingency plans, and to notify State and local authorities and prepare emergency reports whenever an imminent or actual emergency situation occurs.  EPA reviews the contingency plan and emergency reports to determine whether a facility has developed adequate procedures to respond to unplanned sudden or non-sudden releases of hazardous waste or hazardous constituents to air, soil, or surface water.  Notifications to State and local authorities facilitate remedial actions and evacuations, if necessary.  Requiring facilities to develop and maintain contingency plans and prepare emergency response reports and notifications contributes to EPA's goal of minimizing unanticipated damage from the treatment, storage, or disposal of hazardous waste.

Closure Requirements

	EPA promulgated regulations in 40 CFR Parts 264 and 265, Subpart G (§§264.112, 264.115, 264.116, and 265.112, 265.113, 265.115, 265.116, and 265.118-120), that require owners and operators to develop closure plans, amend these plans when appropriate, and submit to EPA closure certifications.  EPA reviews information in the closure plans to determine whether closure activities will comply with the regulatory requirements.  EPA uses information in the closure certifications to determine that closure took place in accordance with the approved closure plan.

	In addition, 40 CFR 264.113 and 265.113 allow owners and operators to apply for allowances and extensions during the closure period by preparing and submitting demonstrations.  These demonstrations are needed to ensure that any activities taking place during closure are protective of human health and the environment.

	Requiring facilities to comply with these regulations contributes to EPA's goal of ensuring that all hazardous waste management facilities are closed in a manner that is protective of human health and the environment, and that minimizes the need for future cleanup efforts.

Financial Requirements

	Section 3004(a)(6) of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, requires EPA to promulgate regulations that include requirements respecting "the maintenance of operations of such facilities and requiring such additional qualifications as to ... financial responsibility (including financial responsibility for corrective action) as may be necessary or desirable."

	Closure Financial Assurance Requirements

	The need for financial assurance of closure care is indicated by the numerous instances of environmental damage resulting from abandonment of hazardous waste management (HWM) facilities and other failures by owners and operators to provide adequately for closure care.  The likelihood of such failure is increased by the fact that the costs for closure care are expected to commence when the economic value of the facility is either at a minimum or nonexistent.

	EPA believes that significant numbers of owners and operators would lack the ability to provide for closure care without effective requirements for financial assurance.  Consequently, the Agency developed 40 CFR Parts 264 and 265, Subpart H financial responsibility requirements for closure care.  (The requirements in Part 264, Subpart H, are identical to the requirements in Part 265, Subpart H.  The remainder of this supporting statement will use the reference to Subpart H as referring to both the Part 264 and Part 265 financial responsibility requirements.)

	Liability Requirements

	The liability requirements are designed to assure that funds will be available during the operating life of a facility from which third parties can seek compensation for bodily injury and property damage arising from the operation of the facility.  The liability requirements are necessary for several reasons.  First, the requirements provide protection to human health and the environment by assuring that funds are available to owners and operators to compensate for damage caused by accidents at hazardous waste facilities, including payments for bodily injury and property damage.  In addition, the Agency believes that without liability coverage requirements, there would be less public confidence in and greater opposition to proposed and existing hazardous waste facilities.  The liability requirements also result in other potential benefits for human health and the environment:  the incentive, in the form of lower insurance premiums, to improve design and operation of the facility, and the oversight that insurers provide over facility operations.

Conditions Applicable to All Permits

	EPA promulgated conditions applicable to all permits at 40 CFR Part 270, Subpart C.  Information collected under this authority is needed to ensure that permittees are complying with permit conditions, and to determine whether cause exists for modifying, revoking and reissuing, or modifying a permit.

SPECIFIC UNIT REQUIREMENTS FOR BIFs

Exemptions from the BIF Regulations

	EPA promulgated regulations in sections 266.100 and 266.108 that allow owners and operators of certain BIF units to apply for an exemption from BIF regulations.  Collecting this information contributes to EPA's goal of ensuring that only those facilities that satisfy exemption requirements be excluded from burning regulations.

Permit Standards

	EPA promulgated regulations in section 266.102 covering permitted BIFs.  Under section 266.102(e)(8), EPA subjects permitted units to monitoring and inspection requirements.  Facilities with permitted BIF units are required to comply with standards that control the following emissions:

 Organic emissions limiting CO emissions, and in some cases, HC emissions to specified levels and demonstrating compliance with a DRE Standard (§266.104;

 Particulate matter emissions by limiting PM emissions to the specified level (§266.105);

 Metals emissions by complying with specified Tier I feed rate screening limits, Tier II emission rate screening limits, Tier III site-specific risk assessments, adjusted Tier I feed rate screening limits, or an alternative implementation approach (§266.106); and

 HCl and Cl2 gas emissions by complying with Tier I feed rate screening limits, Tier II emission rate screening limits, Tier III site-specific risk assessments, or adjusted Tier I feed rate screening limits (§266.107).

	These requirements contribute to EPA's goal of ensuring that BIF units are being operated in compliance with the terms of their permits and applicable standards.

Interim Status Standards

	EPA promulgated regulations in section 266.103 covering interim status BIFs.  EPA needs to collect information from these facilities in demonstrations, the certification of precompliance, and the certification of compliance to ensure that the facility can be operated in compliance with applicable standards in a manner protective of human health and the environment.  However, EPA does not expect any facilities to complete the certification of precompliance or the certification of compliance, as all operating interim status facilities have already submitted the information.  In addition, EPA subjects interim status units to monitoring and inspection reports to ensure that BIF units are being operated in compliance with the standards for controlling organic emissions (§266.104), particulate matter (§266.105), metals emissions (§266.106), HCl and Cl2 gas emissions (§266.107), as described above for permitted BIF units.

Standards to Control Organic Emissions

	EPA promulgated regulations in section 266.104(a)(2) that allow owners and operators to submit a demonstration for an alternative POHC designation.  EPA needs to collect this information to ensure that any POHC used is an effective indicator of combustion efficiency.

Standards to Control Metals Emissions

	EPA promulgated regulations in section 266.106(f) that allow owners and operators to submit  information in support of an alternative implementation approach.   EPA needs to collect this information to ensure that any approach used will work effectively and safely.

Direct Transfer Requirements

	EPA promulgated regulations in section 266.111 that set forth information requirements for facilities that directly transfer hazardous waste from a transport vehicle to a BIF unit without the use of a storage unit.  These requirements contribute to EPA's goal of ensuring that waste is transferred in a manner that minimizes the likelihood of a release.

Regulation of Residues

	EPA promulgated regulations in section 266.112 that allow residue that is derived from the burning or processing of hazardous waste to be exempt from being classified as hazardous waste if the owner or operator can demonstrate that the burning of the hazardous waste does not significantly affect the character of the residue.  Under Appendix IX, section 7, an owner or operator may use an alternative statistical approach and an approach for the handling of nondetect data points if he or she prepares and maintains supporting rationale for such an approach.  EPA needs to collect this information to ensure that residue generated during the combustion of hazardous waste in BIFs in managed in a manner protective of human health and the environment.

PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR BIFs

General Part B Information Requirements for BIFs

	RCRA section 3005 requires EPA to promulgate regulations detailing informational requirements for owners and operators submitting Part B permit applications.  EPA promulgated these requirements in 40 CFR Parts 264 and 270:

 Section 270.14(a) allows owners and operators to petition EPA for relief from submission of information prescribed in Part B on a case-by-case basis by demonstrating that such information cannot be provided to the extent required.

 Section 270.14(b)(1)-(14) requires owners and operators of hazardous waste management facilities to submit information on compliance with general facility standards in their Part B permit applications.

 Sections 270.14(b)(15)-(16) require owners and operators of new facilities to submit detailed written estimates of the cost of facility closure and post-closure care in accordance with the requirements of §§264.142(a) and 264.144(a), respectively.

 Sections 270.14(b)(15)-(16) also require owners and operators to establish and provide evidence of financial assurance for facility closure (§264.143) and post-closure (§264.145).  Owners and operators can establish financial assurance with a number of financial instruments.

 Section 270.14(b)(17) requires owners and operators to document the amount of insurance meeting specifications detailed in §264.147(a) and, if applicable, §264.147(b), that are in effect before initial receipt of hazardous waste for treatment, storage, or disposal.

 Section 270.14(b)(18) requires owners and operators to provide proof of coverage by a State financial mechanism in compliance with §§264.149 or 264.150, where appropriate.  Section 264.149 allows owners and operators to use State-required financial assurance mechanisms to meet §§264.143, 264.145, or 264.147 requirements.  Section 264.150 requires owners and operators to notify EPA when a State assumes legal responsibility or assures availability of funds for an owner or operator's compliance with the closure, post-closure care, or liability requirements of this part.

 Section 270.14(b)(19) requires owners and operators to provide a topographic map showing a distance of 1000 feet around the facility.

 Section 270.33 establishes informational requirements for owners and operators developing schedules of compliance leading to compliance with RCRA regulations.  EPA needs this information to determine whether schedules of compliance are reasonable.

	EPA needs the various Part B permit information to evaluate the compliance of facilities with the permitting standards.  These requirements contribute to EPA's goal of insuring that hazardous waste management facilities are operated in a manner fully protective of human health and the environment.

Specific Part B Information Requirements for BIFs

	EPA promulgated regulations at 40 CFR 270.66 and 270.22 requiring owners and operators of BIFs to submit specific additional information.

	Fugitive Emissions

	EPA needs to collect information on all alternative means of fugitive emissions control to ensure that the method desired performs effectively.

	Requirements Relating to the Pre-Trial Burn, Trial Burn, and Post-Trial Burn Periods

	EPA needs to collect information relating to the various permit operating periods to ensure that the BIF unit can meet the standards set forth in 40 CFR Part 266, Subpart H.  EPA needs to collect information on the trial burn to determine whether a facility can comply with emissions standards and to establish permit limits.

	Waivers of the Trial Burn

	EPA needs to collect information supporting a waiver of a trial burn to ensure that any wavier desired by an applicant is approved only if the prescribed testing is unnecessary.

	Alternative HC Limit for Industrial Furnaces with Organic Matter in Raw Materials

	EPA needs to collect information for an alternative HC limit to ensure that the limit will be protective of human health and the environment.

	Alternative Metals Implementation Approach

	EPA promulgated regulations in §§270.22(c) and 266.106(f) that allow owners and operators to submit information in a Part B application in support of an alternative implementation approach.   EPA needs to collect this information to ensure that any approach used will work effectively and safely.

	Automatic Hazardous Waste Feed Cutoff System

	Under 270.22(d), owners and operators must submit information describing the automatic hazardous waste feed cutoff system.  EPA needs this information to ensure that such a system is installed at the facility and that the owner or operator is familiar with its operation.

	Direct Transfer Requirements

	EPA promulgated regulations in §§270.22(e) and 266.111 that set forth information requirements for facilities that directly transfer hazardous waste from a transport vehicle to a BIF unit without the use of a storage unit.  These requirements contribute to EPA's goal of ensuring that waste is transferred in a manner that minimizes the likelihood of a release.

	Regulation of Residues

	EPA promulgated regulations in §§270.22(f) and 266.112 that allow residue that is derived from the burning or processing of hazardous waste to be exempt from being classified as hazardous waste if the owner or operator can demonstrate that the burning of the hazardous waste does not significantly affect the character of the residue.   EPA needs to collect this information to ensure that residue generated during the combustion of hazardous waste in BIFs in managed in a manner protective of human health and the environment.

Permit Modifications for BIFs

	Permit Modifications

	EPA promulgated regulations in 40 CFR Part 270 outlining procedures for modification and transfer of permits:

 Compliance with Class 1 modification requirements and submittal of specific financial and contractual information before transferring ownership or operational control of a facility (§270.40(b));

 Specified procedures for owners and operators submitting permit modifications at the request of the Agency (§270.41);

 Specified procedures for owners and operators applying for Class 1 permit modifications (§270.42(a)), and owners and operators applying for Class 2 or 3 permit modifications  (§270.42(b) - (c));

 Specified procedures for owners and operators requesting a classification of a permit modification (§270.42(d)); and

 Specified procedures for owners and operators applying for temporary authorization (§270.42(e)).

	 EPA needs this information to comprehensively evaluate whether requests for modifications or transfer of ownership should be granted.  The permit modification procedures contribute to EPA's goal of providing a role for the public in the permitting process.  In general, these informational requirements aid in meeting EPA's goal of ascertaining and minimizing risks to human health and the environment from hazardous waste management facilities.

	Expiration and Continuation of Permits

	EPA promulgated regulations in sections 270.50 and 270.51 requiring owners and operators to renew their Part B permit.  In order to renew an expiring permit, owners and operators must submit an application containing the information required under section 270.14 and the applicable sections of sections 270.15 through 270.29.  The permit renewal process provides EPA with an opportunity to complete an extensive review of the facility permit to determine whether the terms of the permit continue to provide the most appropriate mechanism for protecting human health and the environment.

2(b)	PRACTICAL UTILITY/USERS OF THE DATA

COMPARABLE/SYNGAS FUEL SPECIFICATION

	EPA uses information collected for comparable/syngas fuel specifications to demonstrate that the facilities meet the necessary requirements and to ensure adequate environmental protection.

GENERAL FACILITY STANDARDS APPLICABLE TO BIFs

General Facility Operating Requirements

	Foreign Shipment Import Report, Notice of Appropriate Permits, and Notice of Part 264 or 265, and Part 270 Requirements

	EPA uses foreign shipment import reports to determine the quantities and types of hazardous wastes being imported from abroad.  Information in the foreign shipment import report also allows EPA to determine whether hazardous wastes will be safely transported and managed.

	Generators use notices of appropriate permits to ensure that their waste is being managed by a permitted facility.  Owners and operators of TSDFs must keep the notices in the operating record, and these notices may be reviewed by EPA during facility inspections.

	New owners and operators use the notice of Part 264 and Part 270 requirements to improve their understanding of applicable regulations.

	Waste Analysis, Waste Analysis Plan, Inspection Schedule, and Documentation of Compliance

	The waste analysis and waste analysis plan, as well as the inspection schedule and documentation of compliance for ignitable or incompatible wastes, are primarily designed to ensure that a facility is complying with the BIF regulations and can adequately handle incoming waste as demonstrated during the trial burn or compliance testing.  Information associated with these requirements is also used to ensure that the incoming waste is really what the generator claims it to be, and to prevent unauthorized releases of pollutants during burning of hazardous waste on-site.  Much of the information in the waste analysis plan will also be used to provide a quality assurance check on both the generator and the owners' and operators' facilities.

	Personnel Training

	Both EPA and owners and operators use information in the personnel training records to ensure that personnel acquire the necessary expertise to perform their jobs.  During inspections, EPA reviews job descriptions and training documents to determine whether each person is receiving a level of training that is commensurate with the person's duties and responsibilities as well as the ability to respond to any emergency situations at the facility.

Recordkeeping Requirements

	The facility owner or operator uses information included in the operating record and waste disposal location and quantity records to prevent the facility from receiving or placing in proximity wastes that are incompatible or that are likely to ignite or explode.  If an unanticipated release of hazardous waste occurs, the owner or operator may review information in the operating record to determine the composition of the waste.  Reviewing information in the operating record facilitates the owner's or operator's selection of an appropriate corrective action and cleanup measure.  By providing facility-specific data, the operating record also enables EPA compliance officials to determine whether operating requirements can be better tailored to the needs of a particular site.

Contingency Plan and Emergency Procedures

	Local emergency response teams, certain hazardous waste generators, treatment, storage, and disposal facility owners or operators, and EPA use information included in the contingency plan to assure an appropriate response to any unplanned release of hazardous waste or hazardous waste constituents.  EPA reviews information in the contingency plan and emergency report to determine whether additional site-specific emergency provisions are necessary.

Closure Requirements

	EPA uses information contained in closure plans to determine whether an owner or operator's planned closure activities will comply with environmental regulations.  EPA officials use information contained in closure certifications to ensure that the owner or operator closed his/her facility according to the specifications outlined in the approved closure plan.  EPA uses information contained in demonstrations to ensure that any activities taking place during the closure period are protective of human health and the environment.

Financial Requirements

	The closure care and liability coverage financial instruments submitted by the owner or operator are reviewed by EPA to determine compliance with the applicable Subpart H regulations.  This review involves determinations of the validity of the instrument, acceptability of the financial assurance provider, adequacy of the instrument amount, and fulfillment of the other regulatory requirements.  The information is also used to direct funds for closure care and liability coverage in the event of default or bankruptcy of a facility owner or operator.

Conditions Applicable to All Permits

	EPA uses data collected from permitted facilities to evaluate compliance with the terms of the permit and to decide whether cause exists for modifying, revoking and reissuing, or terminating the permit.  By collecting this information, EPA ensures that permitted facilities are operating in a manner protective of human health and the environment.

SPECIFIC UNIT REQUIREMENTS FOR BIFs

Exemptions from the BIF Regulations

	EPA uses information collected under sections 266.100 and 266.108 to determine whether a facility complies with the conditions that allow an exemption from BIF regulations.

Permit Standards

	EPA uses monitoring and inspection information to ensure that a facility is complying with all the terms of its permit and all applicable standards and conditions, including standards covering the control of organic emissions (§266.104), particulate matter (§266.105), metals emissions (§266.106), HCl and Cl2 gas emissions (§266.107).

Interim Status Standards

	EPA uses information submitted as part of a demonstration to evaluate whether an allowance should be granted.  EPA uses information collected in the certification of precompliance and certification of compliance to evaluate whether a BIF unit can meet applicable standards.  EPA uses information collected in monitoring and inspection reports to ensure that a BIF unit is being operated in compliance with applicable standards, including standards covering the control of organic emissions (§266.104) particulate matter (§266.105), metals emissions (§266.106), HCl and Cl2 gas emissions (§266.107).  However, EPA does not expect any facilities to complete the certification of precompliance or the certification of compliance, as all operating interim status facilities have already submitted the information.

Standards to Control Organic Emissions

	EPA uses information submitted in support of an alternative POHC designation to evaluate whether the proposed POHC can serve as an effective indicator of combustion efficiency.

Standards to Control Metals Emissions

	EPA uses information submitted in support of an alternative implementation approach to evaluate whether the proposed approach can be used effectively and safely.

Direct Transfer Requirements
	EPA uses information concerning the direct transfer of waste to evaluate the equipment used and to ensure that waste is being transferred in a manner that minimizes the likelihood of a release.

Regulation of Residues

	EPA uses information submitted in support of an exclusion of residue from being classified as a hazardous waste to evaluate whether such an exclusion is warranted.  EPA uses information submitted in support of the use of an alternative statistical approach and an approach for the handling of nondetect data points to ensure that the approaches used are supported by valid data and assumptions.

PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR BIFs

General Part B Information Requirements for BIFs

	EPA uses the information requirements in 40 CFR Parts 264 and 270 for owners and operators submitting Part B applications to evaluate compliance with various elements of the regulations.  For example, the general facility standards informational requirements provide EPA with information demonstrating compliance with standards regarding the facility's contingency plan, the inspection schedule, and security procedures.  EPA uses the financial assurance information requirements to evaluate the facility owner's financial ability to close the facility, to maintain the facility after closure, and to respond to any contingencies.  Owners and operators use schedules of compliance to develop a list of activities needed to come into compliance with the applicable regulations.  EPA uses performance test plans and documentation of compliance to ensure that design and operating procedures are in accordance with air emissions standards.

Specific Part B Information Requirements for BIFs

	Fugitive Emissions

	EPA uses information submitted in support of an alternative means of fugitive emissions control to ensure that the proposed method will perform effectively.

	Requirements Relating to the Pre-Trial Burn, Trial Burn, and Post-Trial Burn Periods

	EPA uses information relating to the various permit operating periods to evaluate whether the BIF unit can meet the standards set forth in 40 CFR Part 266, Subpart H.  EPA uses information submitted in the trial burn plan to evaluate whether a facility's plans are adequate.  EPA uses trial burn results to determine whether a facility can meet applicable standards and to set permit conditions.  These requirements contribute to EPA's goal of ensuring that facilities can meet the standards set forth in 40 CFR Part 266, Subpart H.

	Waivers of the Trial Burn

	EPA uses information submitted in support of a waiver of a trial burn to evaluate whether the proposed waiver should be granted, based on human health and environmental considerations.

	Alternative HC Limit for Industrial Furnaces with Organic Matter in Raw Materials

	EPA uses information submitted in support of an alternative HC limit to evaluate whether the limit will be protective of human health and the environment.

	Alternative Metals Implementation Approach

	EPA uses information submitted in support of an alternative implementation approach, as described at §266.103(b), §266.106(f), and appendix IX, section 10, to evaluate whether the proposed approach will work effectively and safely.

	Automatic Hazardous Waste Feed Cutoff System

	EPA uses information on the automatic hazardous waste feed cutoff system to evaluate whether the system has been installed and is being operated correctly.

	Direct Transfer Requirements

	EPA uses information collected on direct transfer equipment to evaluate and ensure that the integrity of the equipment and its maintenance and operation minimizes the likelihood of a release.

	Regulation of Residues

	EPA uses information submitted in support of an exclusion of residue from classification as a hazardous waste to evaluate whether the residue meets the required conditions for exclusion.  EPA needs to collect this information to ensure that residue generated during the combustion of hazardous waste in BIFs is managed in a manner protective of human health and the environment.

Permit Modifications for BIFs

	Permit Modifications

	EPA uses permit information to evaluate the initial permit applications and any subsequent requests for modifications.  The public may also use draft EPA permit and permit modification determinations which incorporate data submitted by facilities to assess hazardous waste management facilities being developed in their communities.

	Expiration and Continuation of Permits

	EPA uses permit renewal applications to ensure that the terms of the facility permit remain protective of human health and the environment.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	NONDUPLICATION

	The information collections covered in this ICR are not available from sources other than the respondents.  EPA's Office of Solid Waste is the only office within the Agency collecting this information, and no other Federal agency or department collects this information.  In addition, the Office of Solid Waste has systematically reorganized its ICR structure to eliminate gaps or duplication.

3(b)	PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

	In compliance with the Paperwork Reduction Act of 1995, EPA has issued a public notice in the Federal Register (81 FR 58510) on August 25, 2016; no comments were received.

3(c)	CONSULTATIONS

	In preparing the previous BIF ICR, EPA held consultations with the States and industry, as needed, to obtain accurate estimates of their hour and cost burden under the BIF program.

Respondents contacted for this ICR renewal:

Melvin Keener, Coalition for Responsible Waste Incineration,<PHONE_NUMBER>

Carrie Yonley, Schreiber Yonley and Associates,<PHONE_NUMBER>

Mike Benoit, Cement Kiln Recycling Coalition,<PHONE_NUMBER>

Leslie Hulse, American Chemistry Council,<PHONE_NUMBER>

This current ICR reflects their feedback.

3(d)	EFFECTS OF LESS FREQUENT COLLECTION

	EPA has carefully considered the burden imposed upon the regulated community by the specific unit and special waste processes and types regulations.  Consequently, EPA is confident that those activities required of respondents are necessary, and to the extent possible, minimize the burden imposed.  EPA believes strongly that if the minimum requirements specified under the regulations are not met, EPA will be unable to fulfill its Congressional mandate to protect public health and the environment.

3(e)	GENERAL GUIDELINES

	This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act as amended, OMB's implementing regulations, OMB's Information Collection Request Handbook (EPA, February 1999), and other applicable OMB guidance, except for the records retention period.  The BIF regulations require that records be retained until closure of the facility.

3(f)	CONFIDENTIALITY

	EPA proposes to collect information only to the extent necessary for the implementation of the promulgated rule and does not intend to collect any information related to trade secrets of the stake-holders.  Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B define EPA's general policy on the public disclosure of information, and contain provisions for confidentiality of business information.  EPA protects from public disclosure all Confidential Business Information (CBI) obtained under RCRA, and has provided businesses with procedures to claim confidentiality for such CBI.  EPA makes extra efforts to protect the confidentiality of this CBI.

3(g)	SENSITIVE QUESTIONS

	No questions of a sensitive nature are included in any of the information collection requirements.  This ICR complies with the Privacy Act of 1974 and OMB Circular A-130.
4.	THE RESPONDENTS AND THE INFORMATION REQUESTED
	4(a)	RESPONDENTS SIC/NAICS CODES

	The following is a list of Standard Industrial Classification (SIC) codes and corresponding North American Industrial Classification System (NAICS) codes associated with facilities most likely affected by the information requirements covered in this ICR.

                                Industry Sector
                                  SIC Code(s)
                                 NAICS Code(s)
Mining: Nonmetallic Minerals, Except Fuels: Miscellaneous Nonmetallic Minerals, not elsewhere classified
                                     1499
                                    212399
Commercial Printing, Lithographic
                                     2752
                                    323110
All Other Miscellaneous Chemical Product and Preparation Manufacturing
                                  2819, 2899
                                    325998
Plastics Material and Resin Manufacturing
                                     2821
                                    325211
Paints and Allied Products
                                     2851

All Other Basic Organic Chemical Manufacturing
                                     2869
                                    325199
Petroleum Refineries
                                     2911
                                     32411
Manufacturing: Stone, Clay and Glass Products: Cement, Hydraulic
                                     3241
                                    32731
Manufacturing: Stone, Clay and Glass Products: Concrete Block and Brick
                                     3271
                                    327331
Manufacturing: Stone, Clay and Glass Products: Ready-Mixed Concrete
                                     3273
                                     32732
Manufacturing: Stone, Clay and Glass Products: Minerals, Ground or Treated
                                     3295
                                 21232, 21239
Manufacturing: Stone, Clay and Glass Products: Non-metallic Mineral Products, not elsewhere classified
                                     3299
                                    327999
Plating and Polishing
                                     3471
                                    332813
Industrial Machinery
                                     3599
                                    333999
Electronic Components
                                     3679
                                    334419
Motor Vehicle Parts and Accessories
                                     3714
                                     3363
Local Trucking Without Storage
                                     4212
                                 48411, 56211
Electric Systems
                                     4911
                                     2211
Sewerage Systems
                                     4952
                                     22132
Waste Treatment and Disposal
                                     4953
                                     5622
Petroleum Bulk Stations and Terminals
                                     5171
                                     42271
New and Used Car Dealers
                                     5511
                                     4411
Gasoline Service Stations
                                     5541
                                     4471
General Automotive Repair Shops
                                     7538
                                    811111

4(b)	INFORMATION REQUESTED

COMPARABLE/SYNGAS FUEL SPECIFICATION

	As outlined in 40 CFR 261.38(c), waste meeting the comparable/syngas fuel specification is excluded from the definition of solid waste, provided that the requirements at section 261.38(c)(1)-(13) are met.

	Notices

	As provided at section 261.38(c)(1)(i), the facility generating the waste must submit a one-time notice to EPA or the appropriate State authority claiming and certifying the exclusion.  If the generator is a company generating comparable/syngas fuel at more than one facility, the generator must specify at which sites the comparable/syngas fuel will be generated.

	In addition, as outlined in section 261.38(c)(1)(ii), the burner must submit, prior to burning excluded comparable/syngas fuel, for publication in a major newspaper or general circulation local to the site where the fuel will be burned, a notice entitled "Notification of Burning a Comparable/Syngas Fuel Excluded Under the Resource Conservation and Recovery Act."

	(i)	Data items:

	As outlined in section 261.38(c)(1)(i)(C), the one-time comparable/syngas fuel specification notice must contain the following items:

	::	The name, address, and RCRA ID number of the person claiming the exclusion;

	::	The applicable EPA hazardous waste codes for the hazardous waste;

	::	The name and address of the units that will burn the comparable/syngas fuel; and

	::	A signed certification , as outlined in §261.38(c)(1)(i)(C)(4).

	As required by section 261.38(c)(1)(ii), the "Notification of Burning a Comparable/Syngas Fuel Excluded Under the Resource Conservation and Recovery Act" must include the following information:

	::	The name, address, and RCRA ID number of the generating facility;

	::	The name and address of the unit(s) that will burn the comparable/syngas fuel;

	::	A brief, general description of the manufacturing, treatment, or other process generating the comparable/syngas fuel;

	::	An estimate of the average and maximum monthly and annual quantity of the waste claimed to be exempt; and

	::	The name and mailing address of the Regional or State Directors to whom the claim was submitted.

	(ii)	Respondent activities:

	All generators claiming exemptions must:

 Read the regulations.

	Generators claiming the comparable/syngas fuel exemption must:

 Prepare and submit the comparable/syngas fuel specification notice to the permitting agency.

	Facilities burning comparable/syngas fuel must:

 Prepare and submit a notification to a local newspaper.

	Sampling and Analysis

	As required by section 261.38(c)(7), generators must develop, follow, and submit to the regulatory authority a sampling and analysis plan.  Additionally, as required by section 261.38(c)(8), for each waste for which an exclusion is claimed, the generator must annually test (and retest if there is a process change) for all the constituents listed in Appendix VIII of Part 261 according to the sampling and analysis plan, except those constituents that the generator determines should not be present in the waste.  As a part of the analysis, the generator must document the basis of each determination that a constituent should not be present.  Facilities that claim the exclusion but are not the original generator of the waste may not use process knowledge and must test the waste to determine that all of the constituent specifications of sections 261.38(a)(2) and 261.38(b) have been met.

	(i)	Data items:

	As required by §§261.38(c)(7), each sampling and analysis plan must specify:

	::	The parameters for which each hazardous waste will be analyzed and the rational for the selection of these parameters;

	::	The test methods which will be used to test for these parameters;

	::	The sampling method which will be used to obtain a representative sample of the waste to be analyzed;

	::	The frequency which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and

	::	If process knowledge is used in the waste determination, any information prepared by the facility owner or operator in making such determination.

	The waste analysis plan shall also contain records of:

	::	The date and times waste samples were obtained, and the dates the samples were analyzed;

	::	The names and qualifications of the person(s) who obtained the samples;

	::	A description of the (temporal and) spatial locations of the samples;
	::	The name and address of the laboratory facility at which analyses of the samples were performed;

	::	A description of the analytical methods used, including any clean-up and sample preparation methods;

	::	All quantitation limits achieved, all other quality control results for the analysis (including method blanks, duplicate analyses, matrix spikes, etc.), laboratory quality assurance data, and a description of any deviations from analytical methods written in the plan or from any other activity written in the plan;

	::	All laboratory analytical results demonstrating that the exclusion specifications have been met for the waste; and

	::	All laboratory documentation that supports the analytical results, unless a contract between the claimant and the laboratory provides for the documentation to be maintained by the laboratory for the period specified in §261.38(c)(10) and also provides for the availability of the documentation to the claimant upon request.

	(ii)	Respondent activities:

	Facilities claiming the comparable/syngas fuel exclusion must perform the following activities:

	::	Develop, follow, and submit a sampling and analysis plan for each waste for which an exclusion is sought; and

	::	Document that no hazardous constituents are present in the waste by annual sampling and analysis; or

	::	Document that no hazardous constituents are present in the waste by process knowledge.

	Blended Waste

	As required by section 261.38(c)(8)(viii), facilities blending waste in order to meet the kinematic viscosity specifications must analyze the fuel as generated to ensure that it meets the constituent and heating value specifications and then analyze the fuel again after blending to ensure that it continues to meet all comparable/syngas fuel specifications.

	(i)	Data items:

 Analysis and documentation compliance with blending or treating standards.

	(ii)	Respondent activities:

	To meet the comparable/syngas fuel exclusion, facilities blending wastes must:

 Analyze and document that blended fuel meets all comparable/syngas fuel specifications by sampling and analyzing the fuel as generated and after blending.

	Recordkeeping

	As required by section 261.38(c)(10), generators of comparable/syngas fuels must retain records in on-site files of all comparable and syngas fuel-related information for three years.

	(i)	Data items:

	::	Records specified at section 261.38(c)(10)(i)-(ix).

	(ii)	Respondent activities:

	::	Maintain records for three years.

	Off-Site Burning

	As required by section 261.38(c)(12), prior to submitting a notification to the State Commissioner or RCRA Regional Director, a comparable/syngas fuel generator intending to ship fuel off-site for burning must obtain a one-time written, signed statement from the burner.  Additionally, as required by section 261.38(c)(10)(ix), generators must retain information on each shipment of fuel sent off-site for burning.

	(i)	Data items:

	The one-time statement must:

	::	Certify that the comparable/syngas fuel will only be burned in an industrial furnace, boiler, or hazardous waste incinerator, as required under §261.38(c)(12);

	::	Identify the name and address of the units that will burn the comparable/syngas fuel;

	::	Certify that the State in which the generator is located is authorized to exclude wastes as comparable/syngas fuels;

	::	The shipment-specific information must include the following information:
                 The name and address of the facility receiving the comparable/syngas fuel for burning;
                The quantity of comparable/syngas fuel delivered;
                 The date of shipment or delivery; and
                 A cross-reference to the record of comparable/syngas fuel analysis or other information used to make the determination that the comparable/syngas fuel meets the specifications as required under §261.38(c)(8).

	(ii)	Respondent activities:

	All facilities shipping their fuel off-site for burning must:

	::	Obtain a one-time written, signed statement from the burner; and

	::	Prepare and maintain shipment-specific data for each shipment bound for off-site burning.

GENERAL FACILITY STANDARDS APPLICABLE TO BIFs

General Facility Operating Requirements

	Foreign Shipment Import Report

		(i)	Data items:

 	Sections 264.12(a) and 265.12(a) require owners or operators that have arranged to receive hazardous wastes from foreign sources to notify the Regional Administrator in writing at least four weeks prior to the expected date of arrival of the shipments at the facility.

 The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR part 262, subpart H must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years.

		(ii)	Respondent activities:

	In order to comply with the foreign shipment report requirements, respondents must perform the following activities:

 Read the regulations;

 Collect data; and

 Prepare and submit the notification and the tracking documents

	Notice of Appropriate Permits

		(i)	Data items:

	Section 264.12(b) requires the owner or operator of a facility that receives off-site waste to inform the generator in writing that he or she has the appropriate permits, and will accept, the waste the generator is shipping.  This notice must be sent to the generator before receiving the first shipment of waste.  The owner or operator must retain a copy of the notice at the facility.

		(ii)	Respondent activities:

	In order to comply with section 264.12(b), respondents must perform the following activities:

 Read the regulations;

 Prepare and submit the one-time notice; and

 Retain a copy of the notice.

	Notice of Part 264 or 265, and Part 270 Requirements

		(i)	Data item:

	Sections 264.12(c) and 265.12(b) require owners or operators transferring ownership of a facility during its operating life to notify the new owner or operator in writing of the requirements of 40 CFR Part 264 or 265 and Part 270.  This notice must be submitted before the transfer in ownership.

		(ii)	Respondent activities:

	In order to comply with sections 264.12(c) and 265.12(b), respondents must perform the following activities:

 Read the regulations; and

 Prepare and submit the notice.

	Waste Analysis

		(i)	Data items:

	Waste analysis is required for all facilities with permitted and interim status BIFs.  Regulations covering waste analysis have been promulgated as general hazardous waste facility requirements at sections 264.13 and 265.13, and as specific unit requirements for BIFs at §266.102(b) and (e), §266.103(b) and (c), and appendix IX of Part 266.  Sections 264.13(a)(1) and 265.13(a)(1) require an owner or operator to obtain a detailed chemical and physical analysis of any hazardous waste he or she intends to treat, store, or dispose.  Sections 264.13(a)(2) and 265.13(a)(2) state that the analysis may include data, either existing or published, developed under 40 CFR Part 261, as well as existing data on the hazardous waste or hazardous waste generated from similar processes.  For facilities with permitted BIF units, this analysis must include a quantification of the concentration of any hazardous constituents identified in appendix VIII of 40 CFR Part 261 that are reasonably expected to be in the waste, as required by section 266.102(b).  Appendix VIII constituents excluded from this analysis must be identified and the basis for their exclusion explained.  For facilities with interim status BIF units that recycle collected particulate matter, this analysis must include testing for metals content that is sufficient for the owner or operator to determine if changes in metals content may affect the ability of the facility to meet the metals emissions standards established under §266.106(c) or (d).  Parameters that are analyzed during waste analysis include viscosity, particle size, volatility, heating value, and the concentration of metals, HCl, and Cl2 in the hazardous and non-hazardous waste streams and in the total pumpable hazardous waste feed.

		(ii)	Respondent activities:

	In order to comply with the waste analysis requirements of the above referenced sections, respondents must perform the following activities:

 Read the regulations;

 Collect data; and

 Perform waste analysis (sampling, testing).

	Waste Analysis Plan

		(i)	Data items:

	Sections 264.13(b)-(c) and 265.13(b)-(c) state that an owner or operator of a hazardous waste facility must develop and follow a written waste analysis plan that describes the procedures to be used in obtaining a detailed chemical and physical analysis of the waste.  The owner or operator is required to keep the waste analysis plan at the facility.  At a minimum, the plan must include the following information:

 Parameters for which each hazardous waste will be analyzed and the rationale for the selection of these parameters;

 Test methods used to test for the parameters;

 Sampling method used to obtain a representative sample of the waste to be analyzed;

 Frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;

 For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and

 Where applicable, the methods which will be used to meet additional waste analysis requirements for specific waste management methods as specified in §§264.17, 264.314, 264.341, 264.1034(d), 264.1063(d), 265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034(d), 265.1063(d), and 268.7.

		(ii)	Respondent activities:

	Since permitted facilities submit the waste analysis plan with the Part B permit application, activities associated with developing and modifying the waste analysis plan are discussed in the Part B permit application and permit modifications portion of this ICR.  However, prior to submitting a permit application, an interim status facility must prepare a waste analysis plan.  Therefore, preparation and modification of waste analysis plans for interim status facilities will be discussed in this section of the ICR.  In addition to the development of the plan, this ICR will also focus on activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

	To meet the recordkeeping requirement outlined in §§264.13(b) and 265.13(b), owners or operators must file the waste analysis plan at the facility.  Activities associated with developing a waste analysis plan include:

 Read the regulations;

 Collect the data required in the waste analysis plan;

 Write the waste analysis plan;

 Maintain the plan (e.g., photocopying and filing);

 Modify the waste analysis plan (for new and existing interim status facilities); and

 Maintain the modified waste analysis plan.

	Inspection Schedule

		(i)	Data items:

	Sections 264.15(b)(1) and 265.15(b)(1) require owners and operators to develop and follow a written schedule for monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment that is important in preventing, detecting, or responding to environmental or human health hazards.  At a minimum, the inspection schedule must identify the types of problems that are to be investigated during the inspection.

	Section 264.15(d) and 265.15(d) state that an owner or operator must record inspections conducted according to the written schedule developed pursuant to §§264.15(b)(1) and 265.15(b)(1) in an inspection log or summary that is to be maintained at the facility for at least three years from the date of inspection.

	The inspection log or summary must contain the following data items:

 Date and time of inspection;

 Name of inspector;

 Notation of the observations made; and

 Date and nature of any repairs or other remedial action.

		(ii)	Respondent activities:

	Since permitted facilities submit the inspection schedule with the Part B permit application, activities associated with developing and modifying the schedule are discussed in Part B permit applications and modifications portion of this ICR.  Prior to submitting a permit application, interim status facilities must prepare an inspection schedule; preparation of and modification to the inspection schedule for these facilities will be discussed in this section of the ICR.  This ICR will also focus on activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

	To meet the requirements outlined in §§264.15(d) and 265.15(d), the owner or operator must conduct the following activities:

 Read the regulations;

 Develop an inspection schedule (new interim status facilities only);

 Maintain and modify the inspection schedule at the facility (new and existing interim facilities only); and

 Record problems identified during inspections in the inspection log.

	Personnel Training

		(i)	Data items:

	Sections 264.16(d) and 265.16(d) require an owner or operator to maintain copies of personnel training documents and records at the facility.  These documents should include the following data items:

 Job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

 Written job description for each position, which includes the necessary skill, education, or other qualifications and duties of employees assigned to each position;

 Written description of the type and amount of both introductory and continuing training that will be given to each person filling a position; and

 Records that document that the training or job experience required have been given to, and completed by, facility personnel.

		(ii)	Respondent activities:

	Respondent activities associated with sections 264.16(d) and 265.16(d) include:

 Read the regulations;

 Collect the data items listed above; and

 Maintain (e.g., photocopying and filing) the specified training records at the facility until closure or three years from the time the employee last worked at the facility.

	Documentation of Compliance for Ignitable, Reactive, or Incompatible Wastes

		(i)	Data items:

	Section 264.17(c) states that the owner or operator of a hazardous waste facility must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste.  The owner or operator of a permitted facility must document compliance with the requirements outlined in §264.17(a) and (b).  The documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in §264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

		(ii)	Respondent activities:

	Respondent activities associated with section 264.17(c) include:

 Read the regulations;

 Collect and document the data items mentioned above; and

 Maintain (e.g., photocopying and filing) documentation at the facility.

Recordkeeping Requirements

	Operating Record Requirements

		(i)	Data items:

	Sections 264.73 and 265.73 outline specific operating recordkeeping requirements that are imposed on TSDFs.  This ICR covers the requirements found at these citations that apply to facilities with BIF units.  For these facilities, the operating record must contain the following data items:

 A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by Appendix I;

 The location of each hazardous waste within the facility and the quantity at each location.  For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram of each cell or disposal area;

 Records and results of waste analyses performed;

 Summary reports and details of all incidents that require implementing the contingency plan;

 Records and results of inspection reports (which must be kept for three years);

 Monitoring, testing, or analytical data and corrective action where required;

 Closure cost estimates;

 For permitted facilities, a certification (must be done at least once a year) that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal that is the practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment; and

 Documents stating refusal of State or local authorities to enter into arrangements to address emergency situations, as required by §264.37(b) and 265.37(b).

		(ii)	Respondent activities:

	In order to comply with sections 264.73 and 265.73, owners or operators are required to maintain a written operating record at the facility.  Respondent activities associated with maintaining an operating record for BIF units include maintaining (e.g., photocopying and filing) the other data items listed above.

Contingency Plan and Emergency Procedures

	Contingency Plan Requirements

		(i)	Data items:

	Sections 264.51 and 265.51 require owners or operators to have a contingency plan for their facilities and sections 264.53(a) and 265.53(a) require the owner or operator to maintain a copy of an updated contingency plan at the facility.  Sections 264.52 and 265.52 outline the data elements that should be included in this plan:

 A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services;

 An updated list of the names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinators;

 An updated list of all emergency equipment (e.g fire extinguishing system) at the facility and the location, physical description, and capabilities of the emergency equipment.  The contingency plan should also indicate where the emergency equipment will be required; and

 An evacuation plan for facility personnel where there is a possibility that evacuation may be necessary.

	In addition, sections 264.53(b) and 265.53(b) require owners and operators to submit a copy of the contingency plan and all revisions to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

		(ii)	Respondent activities:

	Since permitted facilities submit the contingency plan with the Part B permit application, activities associated with developing and modifying the contingency plan are discussed in the Part B permit applications and permit modifications portion of this ICR.  Interim status facilities, however, must prepare contingency plans prior to submitting a permit application; therefore, preparation of the contingency plan for these facilities is covered in this general facility standards portion of this ICR.  This portion of the ICR also includes submittal of the plan to State and local authorities and recordkeeping activities for both permitted and interim status facilities.

	In order to comply with contingency plan requirements, owners or operators are required to perform the following activities:

 Read the regulations;

 Collect the data required in the contingency plan;

 Write the contingency plan (new interim status facilities only);

 Submit the contingency plan to State and local authorities;

 Maintain (e.g., photocopy and file) the contingency plan until closure of the facility; and

 Amend the contingency plan when appropriate.

[Although permitted and interim-status facilities must comply with appropriate requirements for amending a contingency plan, this portion of the ICR addresses only interim status facilities amending their plans.  As mentioned, permitted facilities amending their plans must comply with sections 264.50- 264.54 and submit a permit modification under section 270.42.  These permitted facilities are addressed in the Part B permit applications and permit modifications portion of this ICR].

	Emergency Reporting and Recordkeeping Requirements

		(i)	Data items:

	Sections 264.56(a)(2) and 265.56(a)(2) require owners and operators to immediately notify State and local authorities with designated response roles of an imminent or actual emergency situation.  Sections 264.56(d)(1) and 265.56(d)(1) require owners and operators to notify local authorities if his or her assessment of a release, fire, or explosion indicates that evacuation of local areas may be advisable.

	Sections 264.56(d)(2) and 265.56(d)(2) require the facility emergency coordinator to notify the on-scene coordinator or the National Response Center of any release, fire, or explosion that could threaten human health or the environment outside the facility.  The emergency notification report must include the following information:

 Name and telephone number of reporter;

 Name and address of facility;

 Time and type of incident;

 Name and quantity of material(s) involved;

 The extent of injuries; and

 Possible hazards to human health or the environment outside the facility.

	Sections 264.56(i) and 265.56(i) state that the owner or operator must notify the Regional Administrator and appropriate State and local authorities that their facility is in compliance with §§264.56(h) and 265.56(h) before resuming operations in the affected area(s) of the facility.

	Within 15 days of the incident, owners and operators are required, under sections 264.56(j) and 265.56(j) to submit a written report ("owner or operator emergency report") on the incident to the Regional Administrator.  The report must include the following data items:

 Name, address, and telephone number of the owner or operator;

 Name, address, and telephone number of the facility;

 Date, time, and type of incident;

 Name and quantity of material(s) involved;

 The extent of injuries;

 An assessment of actual or potential hazards to human health or the environment; and

 Estimated quantity and disposition of recovered material that resulted from the incident.

	(ii)	Respondent activities:

	In order to comply with the reporting requirements of §264.56(a)(2) and §265.56(a)(2), owners and operators must perform the following activities:

 Submit the required notification of an imminent or actual emergency situation to State and/or local authorities.

	In order to comply with the reporting requirements of §264.56(d)(1) and §265.56(d)(1), owners and operators must perform the following activities:

 Notify local authorities of the owner or operator's recommendation to evacuate local areas.

	In order to comply with the reporting requirements of §264.56(d)(2) and §265.56(d)(2), owners and operators must perform the following activities:

 Notify the on-scene coordinator or the National Response Center of any release.

	In order to prepare an emergency report under §264.56(d)(2) and §265.56(d)(2), emergency coordinators must conduct the following activities:

 Collect the information required in the emergency report; and

 Write the emergency notification report.

	In order to prepare an owner or operator's emergency report under §264.56(j) and §265.56(j), owners and operators must conduct the following activities:

 Read the regulations;

 Collect the information required in the emergency report; and

 Prepare and submit the emergency report.

	In addition to preparing an emergency report, the owner or operator must notify the Regional Administrator that the facility is in compliance with §§264.56(h) and 265.56(h) before resuming operations in affected areas of the facility.  Respondent activities associated with this requirement include the following:

 Compile information that demonstrates that all affected areas are in compliance; and

 Prepare and submit a letter notifying the Regional Administrator of this compliance.

	Sections 264.56 and 265.56 require the owner or operator to note in the operating record the time, date, and details of any incident that requires implementing the contingency plan (§§264.56(j) and 265.56(j)).  Respondent activities associated with this requirement are burdened in the respondent activity section for the operating record requirements.

Closure Requirements

	Closure Plan

		(i)	Data items:

	Sections 264.112(a) and 265.112(a) state that an owner or operator must have a written closure plan.  The closure plan must include the following data items:

 A description of how each hazardous waste management unit at the facility will be closed in accordance with §§264.111 and 265.111;

 A description of how final closure of the facility will be conducted in accordance with §§264.111 and 265.111.  The description must identify the maximum extent of operations which will be unclosed during the active life of the facility;

 An estimate of the maximum inventory of hazardous wastes ever on site over the active life of the facility.  This should include a detailed description of the methods to be used during partial closures and final closure such as methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of off-site hazardous waste management units to be used, if applicable;

 A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure;

 A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including ground-water monitoring, leachate collection, and run-on and run-off control;

 A schedule for closure of each hazardous waste management unit and for final closure of the facility.  The schedule must include, at a minimum:

 The total time required to close each hazardous waste management unit; and

 The time required for intervening closure activities which will allow tracking of the progress of partial and final closure; and

 For facilities that use trust funds to establish financial assurance under §§264.143 and 265.143 and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.

		(ii)	Respondent activities:

	Since permitted facilities submit the closure plan and contingency closure plans with the Part B permit application, activities associated with developing and modifying the closure plan are discussed in the Part B permit applications and permit modifications portion of this ICR.  Prior to submitting a permit application, interim status facilities must prepare a closure plan.  Therefore, preparation of and modification to the closure plan for interim status facilities is covered in the general facility standards portion of this ICR.  This portion of the ICR also includes activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

	Maintaining the closure plan at the facility is the only respondent activity associated with the recordkeeping aspects of this regulation.  Respondent activities associated with developing a closure plan include:

 Read the regulations;

 Conduct an inventory of the hazardous waste present;

 Record results of inventory;

 Write descriptions for the necessary closure activities;

 Estimate final closure; and

 Write the closure schedule.

	Notification and Amendment of the Closure Plan

		(i)	 Data items:

	Permit modifications for permitted facilities under section 264.112(c) are included in the Part B permit applications and permit modifications portion of this ICR.  Under section 265.112(c), owners or operators of interim status facilities may amend the closure plan at any time prior to notification of partial or final closure of the facility.  An owner or operator with an approved closure plan must submit a written request to EPA to authorize a change in the approved closure plan.  The owner or operator must amend the closure plan at least 60 days prior to the proposed change in the facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan.  An owner or operator with an approved closure plan must submit the amended plan to EPA.

		(ii)	Respondent activities:

	Interim status facilities with approved closure plans must:

 Prepare and submit a notification of amendment; and

 Amend and submit the plan to EPA.

	Partial Closure and Final Closure Notification

		(i)	Data items:

	Under section 264.112(d)(1), owners or operators of permitted facilities must notify the Regional Administrator of imminent closure plans.  Section 265.112(d)(1) requires owners or operators of interim status facilities with approved closure plans to notify EPA of closure in writing within a specified period of time before closure of the unit.  Section 265.112(d)(1) also requires owners or operators of interim status facilities to submit a closure plan to the Regional Administrator prior to closure.  In addition, section 265.112(d)(3) requires owners or operators of interim status facilities to submit the closure plan to the Regional Administrator no later than 15 days after termination of interim status unless a permit was issued simultaneously with the termination of interim status.

		(ii)	Respondent activities:

	Under sections 264.112(d)(1) or 265.112(d)(1) permitted and interim status facilities must prepare and submit a notification to EPA of imminent closure.  Interim status facilities also must submit a closure plan under sections 265.112(d)(1) or 265.112(d)(3).

	 Extensions and Allowances During the Closure Period

		(i)	Data items:

	Under 40 CFR 264.113 and 265.113, owners and operators may prepare demonstrations in support of certain extensions and allowances during the closure period.  Sections 264.113(a) and 265.113(a) allow owners and operators to request an extension for the treatment, storage, or removal of hazardous waste.  To receive such an extension, the owner or operator must request a permit modification and demonstrate the following:

 Treatment, storage, and removal activities will, of necessity, take longer than 90 days to complete; or

 The hazardous waste management unit or facility has the capacity to receive additional hazardous or non-hazardous wastes; there is a likelihood that operations will be recommenced within one year; and closure of the unit would be incompatible with continued operation of the site; and

 The owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

	Sections 264.113(b) and 265.113(b) allow owners and operators to request an extension of the closure period.  To receive such an extension, the owner or operator must request a permit modification and demonstrate the following:

 Partial or final closure activities will, of necessity, take longer than 180 days to complete; or

 The hazardous waste management unit or facility has the capacity to receive additional hazardous or non-hazardous wastes; there is a reasonable likelihood that operations will be recommenced within one year; and closure of the unit would be incompatible with continued operation of the site; and

 The owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

		(ii)	Respondent activities:

	The burden associated with developing a permit modification for such an extension or allowance is addressed in the Part B permit application and permit modifications portion of this ICR.  Other respondent activities associated with obtaining an extension or allowance include the following:

 Prepare and submit the demonstration for an extension for treatment, storage, or removal of hazardous waste;

 Prepare and submit the demonstration for an extension of the closure period; and

 Prepare and submit the demonstration for receiving non-hazardous wastes.

	Closure Certification

		(i)	Data items:

	Sections 264.115 and 265.115 require owners or operators to submit to the Regional Administrator a certification that the unit or facility has been closed in accordance with the specifications in the approved closure plan.  Documentation supporting the independent registered professional engineer's certification must be furnished to the Regional Administrator upon request until he or she releases the owner or operator from the financial assurance requirements for closure under §§264.143(i) and 265.143(h).

		(ii)	Respondent activities:

	Respondent activities associated with closure certification include:

 Read the regulations;

 Have a registered professional engineer inspect the facility;

 Collect documentation to support the certification; and

 Write and submit the closure certification.

Financial Requirements

	Financial Responsibility for Corrective Action

		(i)	Data items:

	Sections 264.101(b) and 264.101(c) require owners and operators of facilities containing solid waste management units (SWMUs) to institute corrective action as necessary, and to provide assurances of financial responsibility for completing such corrective action.  This assurance must contain the following data item:

 Documented assurances of financial responsibility in the permit for the means of corrective action chosen.

		(ii)	Respondent activities:

	Fulfilling the information collection requirements for corrective action financial assurance will include the following respondent activities:

 Read the regulations;

 Prepare and submit to the Regional Administrator, with the permit, documented assurances of financial responsibility for the corrective action chosen to be implemented; and

 Demonstrate, if applicable, that permission to implement correction action beyond facility boundary was denied.

	Cost Estimates for Closure Care

		(i)	Data items:

	Sections 264.142 and 265.142 require owners and operators to maintain a detailed written estimate of the cost of facility closure care until closure of the facility, in accordance with the requirements specified in §§264.142(a) and 265.142(a).  These estimates must include the following data items:

 An adjustment of the closure cost estimate for inflation within sixty days of the anniversary date of the establishment of the financial instrument(s) used to assure financial responsibility for closure (thirty days in the case of owners or operators using the financial test or corporate guarantee)(§§264.142(b) and 265.142(b)); and

 A revision of the closure estimate no later than thirty days after a modification has been made to the closure plan which increases the closure cost (§§264.142(c) and 265.142(c)).

		(ii)	Respondent activities:

	Since permitted facilities submit cost estimates for closure care with the Part B permit application, activities associated with developing and modifying the closure cost estimates are discussed in the Part B permit applications and permit modifications portion of this ICR.  Owners and operators will need to engage in several activities in order to collect and maintain the data required by §§264.142 and 265.142:

 Periodically adjust the cost estimate to include inflation and/or revisions to the closure plan; and

 Amend cost estimate due to closure plan changes.

	Closure Financial Assurance Requirements

	Owners or operators are required to establish and provide evidence of financial assurance for facility closure (§§264.143 and 265.143).  Several financial instruments are described throughout this section for the purpose of establishing financial assurance:

	(1)	Closure Trust Fund

		(i)	Data items:

	Sections 264.143(a) and 265.143(a) explain that owners or operators may establish a closure trust fund in order to comply with §§264.143 and 265.143 requirements.  Data items for establishing and providing evidence of a closure trust fund include:

 A trust agreement in compliance with §§264.143(a)(2)-(8) and (10), and 265.143(a)(2)-(8) and (10).

		(ii)	Respondent activities:

	Owners and operators establishing a trust fund in order to comply with the closure financial assurance requirements of sections 264.143 and 265.143 will need to engage in the following respondent activities:

 Gather and submit relevant information to the issuing institution;

 Establish a closure trust fund, in compliance with §§264.143(a)(2)-(8) and (10) and 265.143(a)(2)-(8) and (10);

 Submit an originally signed duplicate of the trust agreement to the EPA Regional Administrator (owners or operators of new facilities must submit this at least sixty days prior to receiving hazardous waste for treatment, storage, or disposal);

 For owners and operators of new facilities, submit a receipt for the first payment under the trust agreement before the initial receipt of hazardous wastes; and

 Amend trust fund due to changes in closure plan.

	(2)	Surety Bond Guaranteeing Payment into a Closure Trust Fund

		(i)	Data items:

	Sections 264.143(b) and 265.143(b) allow owners and operators to establish surety bonds in order to comply with the financial assurance requirements of sections 264.143 and 265.143.  Establishing surety bonds that guarantee payment into a closure trust fund will entail the collection of the following data items:

 A surety bond and trust agreement indicating the conditions of payment into the closure standby trust fund specified in §§264.143(b)(2)-(6) and (8), and 265.143(b)(2)-(6) and (8); and

 Evidence of an increase or decrease in the closure cost estimate that may require the penal sum of the surety bond to be increased or decreased accordingly (§§264.143(b)(7) and 265.143(b)(7)).

		(ii)	Respondent activities:

	In collecting these data items, owners and operators will need to engage in the following respondent activities:

 Gather and submit relevant information to the issuing institution;

 Establish a surety bond and trust agreement that comply with the financial assurance requirements of §§264.143 and 265.143;

 Submit originally signed duplicates of the surety bond and trust agreement to the Regional Administrator (for new facilities, these must be submitted at least sixty days before receiving hazardous waste for disposal);

 Submit evidence of and obtain approval from the Regional Administrator for alternate financial assurance mechanisms, in the case of cancellation of the bond by the surety;

 Increase the penal sum amount, in the case of a corresponding increase in the closure cost estimate; and

 Submit evidence of such an increase in the closure cost estimate to the Regional Administrator.

	(3)	Surety Bond Guaranteeing Performance of Closure Care

		(i)	Data items:

	Section 264.143(c) allows owners or operators of permitted facilities to comply with §264.143 requirements by obtaining a surety bond that guarantees performance of closure care.  Data items for this option include:

 A surety bond and trust agreement indicating the conditions of payment into the standby trust fund specified in §§264.143(c)(2)-(6) and (8); and

 Evidence of an increase in the closure cost estimate that may require the penal sum of the surety bond to be increased or decreased accordingly (§§264.143(c)(7)).

		(ii)	Respondent activities:

	In collecting these data items, owners and operators will need to engage in the following respondent activities:

 Gather and submit relevant information to the issuing institution;

 Obtain a surety bond and trust agreement that comply with the financial assurance requirements of §264.143;

 Submit originally signed duplicates of the surety bond and trust agreement to the Regional Administrator (for new facilities, these must be submitted at least sixty days prior to receiving hazardous wastes for disposal);

 Submit evidence of and obtain approval from the Regional Administrator for alternate financial assurance mechanisms, in the case of cancellation of the bond by the surety;

 Increase the penal sum amount, in the case of a corresponding increase in the closure cost estimate; and

 Submit evidence of such an increase in the closure cost estimate to the Regional Administrator.

	(4)	Closure Letter of Credit

		(i)	Data items:

	Sections 264.143(d) and 265.143(c) specify that owners or operators may obtain an irrevocable standby letter of credit in order to satisfy financial assurance requirements.  Data items for this information collection include:

 A letter of credit from an issuing institution authorized to issue letters of credit and whose letter-of-credit operations are regulated and examined by a Federal or State agency;

 A trust agreement indicating the conditions of payment into the standby trust fund specified in §§264.143(d)(2)-(4) and (6), and 265.143(c)(2)-(4) and (6);

 Notification from the issuing institution to the owner or operator and EPA of a decision not to extend the expiration date mailed at least 120 days before the current expiration date of the letter of credit (§§264.143(d)(5) and 265.143(c)(5));

 A letter (to accompany the letter of credit) from the owner or operator providing the following information:

 The number, issuing institution, and date of the letter of credit;
 The EPA identification number, name, and address of the facility; and
 The amount of funds assured for closure care for the facility by the letter of credit; and

 Evidence of an increase in the closure cost estimate that may require the amount of credit to be increased accordingly (§§264.143(d)(7) and 265.143(c)(7)).

		(ii)	Respondent activities:

	Owners and operators will need to engage in the following activities in order to satisfy the financial assurance requirements with a closure letter of credit:

 Gather and submit relevant information to the issuing institution;

 Obtain a letter of credit from an issuing institution and establish the stand-by trust fund;

 Write a letter from the owner or operator to accompany the letter of credit;

 Submit the following documents to the Regional Administrator:

 The letter of credit (in the case of new permitted facilities, this must be submitted at least sixty days prior to receiving hazardous waste for treatment, storage, or disposal, pursuant to §§264.143(d)(1));

 The accompanying letter from the owner or operator; and
 An originally signed duplicate of the trust agreement;

 Increase the amount of the letter of credit, in the case of corresponding increase in the closure cost estimate; and

 Submit evidence of such an increase in the closure cost estimate to the Regional Administrator.

	(5)	Closure Insurance

		(i)	Data items:

	Owners or operators may satisfy the financial assurance requirements for closure or post-closure care by establishing closure insurance according to §§264.143(e) and 265.143(d).  Data items for this information collection include:

 A closure insurance policy (identified by a certificate of insurance) that meets the requirements specified in §§264.143(e)(1)-(4) and (8), and 265.143(d)(1)-(4) and (8);

 In the case of some interim status facilities, a letter from an insurer stating that an owner or operator is being considered for a closure insurance policy (§§265.143(d)(1)); and

 Evidence of an increase in the closure cost estimate that may require the face amount of the insurance policy to be increased accordingly (§§264.143(e)(7) and 265.143(d)(7)).

		(ii)	Respondent activities:

	Collecting this data will entail the following respondent activities:

 Gather and submit relevant information to the issuing institution;

 Establish a closure insurance policy that satisfies the requirements of §§264.143 and 265.143;

 Submit a certificate of this insurance policy to the Regional Administrator (for new facilities, this must be submitted at least sixty days prior to receiving hazardous wastes for treatment, storage, or disposal);

 In the case of some interim status facilities, submit a letter from an insurer stating that the insurer is considering issuance of an insurance certificate (in this case, owners or operators must submit the certificate of insurance within ninety days of the effective date of these regulations); and

 Submit evidence of an increase in the current closure cost estimate that may require the face amount of the insurance policy to be modified accordingly.

	(6)	Financial Test and Corporate Guarantee for Closure Care

		(i)	Data items:

	Sections 264.143(f) and 265.143(e) allow owners and operators to satisfy closure financial assurance requirements by demonstrating financial strength using the financial test specified in these sections.  Data items for this demonstration include:

 A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151(f);

 A copy of an independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year;

 A special report from the owner's or operator's independent certified public accountant to the owner or operator covering the specifications outlined in §§264.143(f)(3)(iii) and 265.143(e)(3)(iii);

 If an extension of submission of the above documents is sought, a letter from the owner's or operator's chief financial officer to the Regional Administrator of each Region in which facilities to be covered under the financial test are located.  This letter, allowed only under §§265.143(e)(4), must contain the following data items:

       A request for the extension;
       A certification that the chief financial officer believes that the owner or operator meets the criteria of the financial test;
       For each facility to be covered by the test, the EPA identification number, name, address, and current closure cost estimates to be covered by the test;
       A specification of the date (no later than ninety days after the end of such fiscal year) when the owner or operator will submit the documents specified in §§265.143(e)(3); and
       A certification that the year-end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant;

 Annual updates of the above data items;

 A notice of intent to establish alternative financial assurance, if the owner or operator fails the financial test and no longer meets the requirements of §§264.143(f)(1) and 265.143(e)(1);

 Reports of financial conditions as required by the Regional Administrator (§§264.143(f)(7) and 265.143(e)(7));

 If applicable, a written guarantee from the parent corporation of the owner or operator that satisfies financial assurance requirements (§§264.143(f)(10) and 265.143(e)(10)); and

 Notification from the insurer to the owner or operator and EPA of a decision to cancel, terminate, or fail to renew the policy (§265.143(e)(11)(ii)).

		(ii)	Respondent activities:

	Owners or operators will need to engage in the following respondent activities in order to collect the data required by these sections:

 	Write the letter signed by the chief financial officer;

 		Submit the following documents to the Regional Administrator (for new facilities, these documents must be submitted at least sixty days prior to receiving hazardous waste for treatment, storage, or disposal):

 		The letter signed by the chief financial officer;
 		A copy of the independent certified public accountant's report; and
 		The special report from the independent certified public accountant;

 		If applicable, write and submit a letter from the chief financial officer requesting an extension for submission of the above documents;

 		Submit updated information annually;

 		If applicable, write and submit a notice, by certified mail, to the Regional Administrator of intent to establish other financial insurance;

 		Write and submit additional reports of financial condition at any time, as directed by the Regional Administrator; and

 		If applicable, submit the corporate guarantee from the parent corporation of the owner or operator.

	(7)	Use of a Financial Mechanism for Multiple Facilities

		(i)	Data items:

	Sections 264.143(h) and 265.143(g) specify that owners or operators may use one of the above financial assurance mechanisms to meet the requirements of §§264.143 and 265.143 for more than one facility.  In such cases, the owner and operator must provide the following data items for each facility:

 EPA identification number, name, and address; and

 The amount of funds for closure care assured by the mechanism.

		(ii)	Respondent activities:

	To comply with the requirements of these sections, owners and operators will need to engage in the following activities:

 Read the regulations;

 Submit the data items listed above to the Regional Administrator; and

 If the facilities covered by the mechanism are located in more than one Region, submit identical evidence of financial assurance to all the applicable Regional Administrators.

	Liability Requirements

	(1)	Coverage for Sudden or Nonsudden Accidental Occurrences

		(i)	Data items:

	Sections 264.147(a) and 265.147(a) specify that owners and operators of hazardous waste treatment, storage, and disposal facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities.  In order to comply with these sections, owners or operators will need to gather the following data items:

	Liability coverage demonstrated by one of the following documents (data items for these documents are described in full in the following sections):
 A liability insurance policy (§§264.147(a)(1), 265.147(a)(1), 264.147(b)(1), or 265.147(b)(1)), accompanied by a signed duplicate original of an Hazardous Waste Facility Liability Endorsement or a Certificate of Liability Insurance (§§264.147(a)(1) and 264.147(b)(1) only);
 Written evidence of passing a financial test or a written guarantee for liability coverage from the owner's or operator's parent corporation, a firm whose parent corporation is the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator (§§264.147(a)(2), 265.147(a)(2), 264.147(b)(2), and 265.147(b)(2));
 A letter of credit for liability coverage (§§264.147(a)(3), 265.147(a)(3), 264.147(b)(3), and 265.147(b)(3));
 A surety bond for liability coverage (§§264.147(a)(4), 265.147(a)(4), 264.147(b)(4), and 265.147(b)(4));
 A trust fund for liability coverage (§§264.147(a)(5), 265.147(a)(5), 264.147(b)(5), and 265.147(b)(5)); or
 A combination of insurance, financial test, guarantee, letter of credit, surety bond, and trust fund (§§264.147(a)(6), 265.147(a)(6), 264.147(b)(6), and 265.147(b)(6));
 A written notification to the Regional Administrator whenever a claim or verification of a valid claim for bodily injury or property damages caused by the operation of a hazardous waste treatment, storage, or disposal facility is made against the owner or operator (§§264.147(a)(7), 265.147(a)(7), 264.147(b)(7), and 265.147(b)(7)); and
 A written notification to the Regional Administrator whenever the amount of financial assurance for liability coverage under one of the above-mentioned instruments is reduced, contingent on a claim or verification of a valid claim (§§264.147(a)(7), 265.147(a)(7), 264.147(b)(7), and 265.147(b)(7)).

		(ii)	Respondent activities:

	Owners and operators will need to engage in the following activities in order to comply with the information collection requirements of §§264.147(a) and (b), and 265.147(a) and (b):

 Establish liability coverage using one of the financial instruments listed above;

 Prepare, write, and submit a notification to the Regional Administrator whenever a claim for bodily injury is made against the owner or operator; and

 Prepare, write, and submit a notification to the Regional Administrator whenever the amount of financial assurance for liability coverage is reduced.

	Submission of the two notifications listed immediately above will only occur in the event of a claim; therefore, if no accidental releases occur, owners or operators may never need to submit these notifications.

	(2)	Liability Insurance

		(i)	Data items:

	Sections 264.147(a)(1), 264.147(b)(1), 265.147(a)(1), and 265.147(b)(1) require owners or operators to submit the following data item:

 		A duplicate of the endorsement or certificate of insurance, and, if requested by the Regional Administrator, a duplicate of the insurance policy.

		(ii)	Respondent activities:

	Owners and operators will need to engage in the following activities to complete the requirements for this option:

 Gather and submit relevant information to the issuing institution;

 Obtain an insurance policy amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance and meet other specifications outlined in §§264.147(a)(1), 264.147(b)(1), 265.147(a)(1), or 265.147(b)(1);

 Submit a signed duplicate original of the endorsement or the certificate of insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one Region; and

 If requested by the Regional Administrator, submit a signed duplicate original of the insurance policy (for new facilities this must be submitted at least sixty days before receiving hazardous waste for treatment, storage, or disposal).

	(3)	Variance of Financial Responsibility Regulations

		(i)	Data item:

	Section 265.147(c) provides for a variance from the financial responsibility requirements if the owner or operator can demonstrate that the required levels of financial responsibility are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility.  The request for a variance must be submitted in writing to EPA, and may include technical and engineering information that is deemed necessary by the Regional Administrator.

		(ii)	Respondent Activities:
	Owners and operators that wish to apply for a variance must prepare and submit information in support of the variance.

      	(4)	Adjustments by the Regional Administrator

		(i)	Data items:

	Sections 264.147(d) and 265.147(d) allow Regional Administrators to adjust the level of financial responsibility required under §§264.147 and 265.147 in order to protect human health and the environment.  Respondents will need to furnish the following data items should Regional Administrators make such a determination:

 Any information which the Regional Administrator requests to determine whether cause exists for such adjustments of level or type of coverage; and

 If the Regional Administrator decides to adjust the level or type of coverage, the data elements necessary for a permit modification (detailed in the Part B permit application and permit modification portion of this ICR).

		(ii)	Respondent activities:

	Owners or operators will need to engage in the following activities in order to satisfy the information collection requirements of this section:

 Submit to the Regional Administrator any requested information; and

 Prepare, write, and submit a permit modification if the Regional Administrator decides to adjust level or type of coverage (specific respondent activities for permit modifications are detailed in the permit application and permit modification portion of this ICR).

	(5)	Financial Test for Liability Coverage

		(i)	Data items:

	Sections 264.147(f) and 265.147(f) allow owners or operators to satisfy liability requirements by passing a financial test.  Data items for these sections include:

 A letter signed by the owner's or operator's chief financial officer and worded as specified in §264.151(g); if the financial test is also being used to demonstrate closure financial assurance, the letter specified in §264.151(g) must be submitted to cover both forms of financial responsibility;

 A copy of an independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year;

 A special report from the owner's or operator's independent certified public accountant to the owner or operator covering the specifications outlined in §§264.147(f)(3)(iii) and 265.147(f)(3)(iii);

 If an extension of submission of the above documents is sought, a letter from the owner's or operator's chief financial officer to the Regional Administrator of each Region in which facilities to be covered under the financial test are located.  This letter, allowed only under §265.147(f)(4), must contain the following data items:

       	A request for the extension;
       	A certification that the chief financial officer believes that the owner or operator meets the criteria of the financial test;
       	For each facility to be covered by the test, the EPA identification number, name, address, and current closure cost estimates to be covered by the test;
       	A specification of the date (no later than ninety days after the end of such fiscal year) when the owner or operator will submit the documents specified in §§265.147(f)(3); and
       	A certification that the year-end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant;

 Annual updates of the above data items; and

 Should the owner or operator fail the test and no longer meet the requirements of §§264.147(f)(1) or 265.147(f)(1), evidence of insurance obtained for the entire amount of required liability coverage specified in §§264.147 and 265.147.

		(ii)	Respondent activities:

	Owners or operators will need to engage in the following respondent activities in order to collect the data required by these sections:

 Write the letter signed by the chief financial officer;

 Submit the following documents to the Regional Administrator (for new facilities, these documents must be submitted at least sixty days prior to receiving hazardous waste for treatment, storage, or disposal):

       	The letter signed by the chief financial officer;
       	A copy of an independent certified public accountant's report; and
       	The special report from an independent certified public accountant;

 If applicable, write and submit a letter from the chief financial officer requesting an extension for submission of the above documents;

 Submit updated information annually; and

 Should the owner or operator fail the test and no longer meet §§264.147 or 265.147 requirements, submit evidence to the Regional Administrator of insurance obtained for the entire amount of required liability coverage specified in these sections.

	(6)	Guarantee for Liability Coverage

		(i)	Data items:

	Sections 264.147(g) and 265.147(g) allow owners or operators to meet liability requirements by obtaining a written guarantee, under the conditions specified in §§264.147(g)(2) and 265.147(g)(2).  Data items for this option include:

 A certified copy of a written guarantee from the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator; and

 In the case of corporations incorporated in the United States, a written statement from applicable Attorney(s) General or Insurance Commissioners  to EPA indicating that a guarantee executed as described in the regulations is a legally valid and enforceable obligation in that State (§§264.147(g)(2) and 265.147(g)(2)).

 In the case of corporations incorporated outside the United States, identification by the non-U.S. corporation of a registered agent for service of process in each State in which the facility covered by the guarantee is located and in the State in which it has its principal place of business, and a written statement from applicable Attorney(s) General or Insurance Commissioner of each applicable State indicating that a guarantee executed as described in the regulations is a legally valid and enforceable obligation in that State (§§264.147(g)(2) and 265.147(g)(2)).

 A letter from the guarantor's chief financial officer as specified in §§264.147(f)(3) and 265.147(f)(3) that demonstrates that the guarantor has passed the financial test.

		(ii)	Respondent activities:

	Owners or operators will need to engage in the following respondent activities in order to collect the data required by these sections:

 Obtain a written guarantee from the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator;

 Submit a certified copy of this written guarantee to the Regional Administrator along with the items specified in §§264.147(f)(3) and 265.147(f)(3); and

 Submit a letter from the guarantor's chief financial officer as specified in §§264.147(f)(3) and 265.147(f)(3) that demonstrates that the guarantor has passed the financial test ; and

 Submit updated information annually.

	(7)	Letter of Credit for Liability Coverage

		(i)	Data items:

	Sections 264.147(h) and 265.147(h) allow owners or operators to satisfy financial requirements for liability by obtaining the following data item:

 		An irrevocable standby letter of credit that conforms to applicable requirements and is submitted from a financial institution with the authority to issue letters of credit, whose letter of credit operations are regulated and examined by a Federal or State agency, and whose letters of credit meet the requirements of §264.147(h).

		(ii)	Respondent activities:

	Owners or operators using this option to satisfy financial assurance for liability will need to engage in the following activities:

 Gather and submit relevant information to the issuing institution;

 Obtain the standby letter of credit described above; and

 Submit a copy of this letter of credit to the Regional Administrator.

	(8)	Surety Bond for Liability Coverage

		(i)	Data items:

	Sections 264.147(i) and 265.147(i) allow owners or operators to satisfy financial requirements for liability.  Under sections 264.147(i)(4) and 265.147(i)(4), a surety bond may be used to satisfy the requirements of this section only if the applicable Attorneys General or Insurance Commissioners have submitted a written statement to EPA that a surety bond executed as described in the regulations is a legally valid and enforceable obligation in that State.  The owner or operator must obtain the following data item:

 A surety bond (and other information, where applicable) that conforms to the requirements specified in §§264.147(i) and 265.147(i).

		(ii)	Respondent activities:

	Owners or operators using this option to satisfy financial assurance for liability will need to engage in the following activities:

 Gather and submit relevant information to the issuing institution;

 Obtain the surety bond described above; and

 Submit a copy of this surety bond to the Regional Administrator.

	(9)	Trust Fund for Liability Coverage

		(i)	Data items:

	Sections 264.147(j) and 265.147(j) allow owners or operators to satisfy financial requirements for liability by establishing a trust fund which involves collection of the following data item:

 		A trust agreement that conforms to the requirements specified in §§264.147(j) and 265.147(j).

		(ii)	Respondent activities:

	Owners or operators using this option to satisfy financial assurance for liability will need to engage in the following activities:

 Gather and submit relevant information to the issuing institution;

 Establish the trust fund described above; and

 Submit an originally signed duplicate of the trust agreement to the Regional Administrator.

	Incapacity of Owners or Operators, Guarantors, or Financial Institutions

		(i)	Data items:

	Sections 264.148 and 265.148 require owners or operators to submit the following data item if applicable:

 A notification of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor (if the guarantor is named as the debtor, the collection of this data is the guarantor's responsibility).

		(ii)	Respondent activities:

	Activities for this data collection will include:

 Submit, by certified mail, a notice to the Regional Administrator indicating the commencement of bankruptcy proceedings in which the owner or operator or guarantor is named as debtor.

	Use of State-Required Mechanisms

		(i)	Data items:

	Sections 264.149 and 265.149 allow owners or operators to use State-required financial assurance mechanisms to meet §§264.143, 264.147, 265.143, or 265.147 requirements.  Data items for this option include:

 A letter from the owner or operator requesting that the State-required mechanism be considered acceptable for meeting the requirements of this subpart;

 Evidence of the establishment of a State-required mechanism, including the following information:

       The facility's EPA identification number, name, and address; and
       The amount of funds for closure care or liability coverage assured by the mechanism; and

 Any additional information required by the Regional Administrator in order to make the determination.

		(ii)	Respondent activities:

	Activities for this data collection will include:

 Submit to the Regional Administrator:

 The letter from the owner or operator;
    Written evidence of the establishment of a State-required financial assurance mechanism; and
    Any additional information requested by the Regional Administrator.

	State Assumption of Responsibility

		(i)	Data items:

	Sections 264.150 and 265.150 require owners or operators to notify EPA when a State assumes legal responsibility or assures availability of funds for an owner's or operator's compliance with the closure or liability requirements of this part.   Data items to be collected in this case include:

 A letter from the owner or operator requesting that the State's assumption of responsibility be considered acceptable for meeting the requirements of this subpart;

 A letter from the State describing the nature of the State's assumption of responsibility, including the following information:

       The facility's EPA identification number, name, and address; and
       The amount of funds for closure care or liability coverage that are guaranteed by the State; and
          Any additional information which the Regional Administrator deems necessary to make the determination whether the State's assumption of responsibility is acceptable.

		(ii)	Respondent activities:

	Activities for this data collection will include:

 Submit to the Regional Administrator:

 The letter from the owner or operator;
 The letter from the State describing the State's assumption of responsibility and including the information specified above; and
 Any additional information requested by the Regional Administrator.

Conditions Applicable to All Permits

		(i)	Data items:

	40 CFR Part 270, Subpart C specifies conditions applicable to all permitted facilities.  40 CFR 270.30(h) requires owners and operators of permitted facilities to furnish any relevant information requested by EPA to determine whether cause exists for modifying, revoking and reissuing, or terminating a permit, or to determine compliance with the permit.  Section 270.30(j)(2) and (3) requires permittees to retain records of all monitoring information, copies of all reports required by the permit, the certification required by §264.73(b)(9), and records of all data used to complete the application for a period of at least three years from the date of the sample, measurement, report, certification, or application.  [These requirements are burdened in the section entitled "Operating Record" of this ICR.]  In addition, section 270.30(l) specifies the following reporting requirements, which are applicable to all permitted facilities:

 Prompt notice of planned physical alternations or additions (§270.30(l)(1));

 Notice of planned changes or activities which may result in noncompliance with permit requirements (§270.30(l)(2));

 Letter certifying that the facility has been constructed or modified in compliance with the permit (§270.30(l)(2)(i);

 Monitoring reports, submitted at the intervals specified in the permit (§270.30(l)(4));

 Reports of compliance or noncompliance, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit, submitted no later than 14 days following each schedule date (§270.30(l)(5));

 A report containing information concerning a release that may threaten drinking water supplies (§270.30(l)(6)(i)(A)), or information concerning a release, fire, or explosion which could threaten human health or the environment outside the facility (§270.30(l)(6)(i)(B)), within 24 hours from the time the permittee becomes aware of the circumstances.  Such a report must include the following information:

       Name, address, and telephone number of the owner or operator;
       Name, address, and telephone number of the facility;
       Date, time, and type of incident;
       Name and quantity of material(s) involved;
       The extent of injuries, if any;
       An assessment of actual or potential hazards to the environment and human health outside the facility; and
       Estimated quantity and disposition of recovered material that resulted from the incident.

 A written notice within five days of noncompliance, or a written report within 15 days, that includes a description of the noncompliance and its cause, the period of noncompliance, the anticipated time the noncompliance is expected to continue, and steps taken to reduce, eliminate, and prevent reoccurrence of the noncompliance (§270.30(l)(6)(iii));

 Report of any manifest discrepancy, as required by §264.72 (§270.30(l)(7)).  [This requirement is burdened in "Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System", ICR #801.];

 Report of any receipt of unmanifested waste, as required by §264.76 (§270.30(l)(8)).   [This requirement is burdened in "Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System", ICR #801.];

 A biennial report covering facility activities, as required by §264.75 (§270.30(l)(9)).  [This requirement is burdened in the "Hazardous Waste Report ICR", ICR #976.]

 Report of other noncompliance not submitted with monitoring reports, compliance schedule reports, and reports of releases, fires, or explosions (§270.30(l)(10)); and

 For cases where the permittee becomes aware that he or she failed to submit any relevant facts in a permit application, or submitted incorrect information in any permit application or report, corrected or new information (§270.30(l)(11)).

		(ii)	Respondent activities:

	In order to comply with 40 CFR Part 270, Subpart C, owners and operators of permitted facilities must perform the following activities:

 Prepare and submit the required information as described above.

SPECIFIC UNIT REQUIREMENTS FOR BIFs

Exemptions from the BIF Regulations

	Exemptions for Metal Recovery Furnaces

		(i)	Data items:

	40 CFR 266.100(d) provides owners and operators of metal recovery furnaces (smelting, melting and refining furnaces, but not cement kilns, aggregate kilns, or HAFs)  that process hazardous waste solely for metal recovery, with the opportunity to be conditionally exempt from the requirements of sections 266.102 through 266.111.  The owner or operator must provide the following information to obtain this exemption:

 A one-time written notice to the Director indicating the following:

       The owner or operator's claim of exemption under §266.100(c)(1);
       A statement assuring that the hazardous waste is burned solely for metal recovery consistent with
                    the provisions of §266.100(c)(2);
       A statement that the hazardous waste contains recoverable levels of metals; and
       Assurance that the owner or operator will comply with the sampling and analysis and
                    recordkeeping requirements contained in §266.100(c).

 Records documenting compliance with §266.100(c) including:

 Records of the sampling and analysis of the hazardous waste and other feedstocks;
 Documentation of the limits on levels of toxic organic constituents and Btu values of the waste; and
 Documentation on the levels of recoverable metals in the hazardous waste compared to the  normal nonhazardous feedstocks.