[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9961-9963]
[FR Doc No: 2013-03099]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68840; File No. SR-BX-2013-008]

Self-Regulatory Organizations; NASDAQ OMS BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Add
Routing Functionality to the NASDAQ OMX BX Equities Market

February 6, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 23, 2013, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to add routing functionality to the NASDAQ
OMX BX Equities Market.
    The text of the proposed rule change is below; proposed new
language is italicized.

* * * * *

4700. The NASDAQ OMX BX Equities Market

* * * * *

4750. Execution Services

* * * * *

4758. Order Routing

    (a) Order Routing Process
    (1) No change.
    (A) No change.
    (i)-(vii) No change.
    (viii) BDRK is a routing option under which orders check the
System for available shares and simultaneously route the remaining
shares to destinations on the System routing table that are not
posting Protected Quotations within the meaning of Regulation NMS.
If shares remain un-executed after routing, they are posted on the
book. Once on the book, should the order subsequently be locked or
crossed by another market center, the System will not route the
order to the locking or crossing market center.
    (ix) BCST is a routing option under which orders check the
System for available shares and simultaneously route the remaining
shares to destinations on the System routing table that are not
posting Protected Quotations within the meaning of Regulation NMS
and to certain, but not all, exchanges. If shares remain un-executed
after routing, they are posted on the book. Once on the book, should
the order subsequently be locked or crossed by another market
center, the System will not route the order to the locking or
crossing market center.
    (B) No change.
    (b)-(d) No change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to attract additional
business to and enhance the functionality offered by the Exchange's
NASDAQ OMX BX Equities Market by providing additional optional outbound
routing services. Most equities exchanges today provide routing
services and the Exchange offers a variety of routing strategies.
Currently, Rule 4758, Order Routing, describes the order routing
process and states that all routing shall be in compliance with Rule
611 of Regulation NMS under the Act.\3\ Furthermore, it enumerates BX's
routing strategies: BSTG, BSKN, BSCN, BSKP, BTFY, BMOP and BCRT.
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    \3\ 17 CFR 242.611.
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    Proposed Rule 4758(a)(1)(A)(viii) will provide that BDRK is a
routing option under which orders check the System for available shares
and simultaneously route to certain destinations on the System routing
table that are not posting Protected Quotations within the meaning of
Regulation NMS (i.e. ``dark venues'' or ``dark pools''). If shares
remain un-executed after routing, they are posted on the book. Once on
the book, should the order subsequently be locked or crossed by another
market center, the System will not route the order to the locking or
crossing market center. This strategy is intended to attract market
participants that seek to execute on BX or on dark pools without
executing on another exchange. Members may seek to execute in this
manner to interact with resting liquidity in addition to that available
on BX, while also minimizing market impact and transaction fees.
    For example, if the National Best Bid/Offer (``NBBO'') is $10.00-
$10.01, and BX, DarkVenueA and ARCA each offer 100 shares at $10.01, a
BDRK order to buy 1000 shares at $10.01 IOC will be handled as follows:
100 shares for execution on BX and 100 shares routed to DarkVenue A
simultaneously at $10.01; the remaining 800 shares are not routed and
not executed, and cancelled back to the entering participant because it
was an IOC order. The order did not route to ARCA because it is not a
dark venue. As a second example, if the NBBO is $10.00-$10.01, and BX,
DarkVenueA and ARCA each offer 100 shares at $10.01, a BDRK order to
buy 1000 shares at $10.01 DAY will be

handled as follows: 100 shares for execution on BX and 100 shares
routed to DarkVenue A simultaneously at $10.01; the remaining 800
shares are posted on the BX book (because it is a DAY order). Once
again, the order did not route to ARCA because it is not a dark venue.
    Proposed Rule 4758(a)(1)(A)(ix) will provide that BCST is a routing
option under which orders check the System for available shares and
simultaneously route to select dark venues and to certain low cost
exchanges. If shares remain un-executed after routing, they are posted
on the book. Once on the book, should the order subsequently be locked
or crossed by another market center, the System will not route the
order to the locking or crossing market center. This strategy is also
intended to attract market participants who seek to save on trading
fees by only executing on the Exchange, on dark venues, or on no cost
and low cost exchanges.
    For example, if the NBBO is $10.00-$10.01, and BX, DarkVenueA and
ARCA each offer 100 shares at $10.01, a BCST order to buy 1000 shares
at $10.01 DAY will be handled as follows: 100 shares for execution on
BX and 100 shares routed to DarkVenue A simultaneously at $10.01; the
remaining 800 shares are posted on the BX book (because it is a DAY
order). The order did not route to ARCA because it is neither a dark
venue nor a no cost or low cost exchange. As a second example, if the
NBBO is $9.90-$10.00, with BYX offering 100 shares at $10.00 and BX,
DarkVenueA and ARCA each offer 100 shares at $10.01, a BCST order to
buy 1000 shares at $10.01 DAY will be handled as follows: 100 shares
routed to BYX at $10.00, 100 shares for execution on BX and 100 shares
routed to DarkVenue A simultaneously at $10.01; the remaining shares
are posted on the BX book (because it is a DAY order). The order did
not route to ARCA because it is neither a dark venue nor a no cost or
low cost exchange.
    In all cases, these routing strategies are designed to comply with
SEC Rule 611 and the other provisions of Regulation NMS.\4\
Accordingly, both BDRK and BCST will honor Protected Quotations within
the meaning of Regulation NMS and will not route to any market centers
included in their respective routing table at a price inferior to an
available Protected Quotation. For example, if the NBBO is $9.90-
$10.00, with NYSE offering 100 shares at $10.00 and BX, DarkVenueA and
ARCA each offering 100 shares at $10.01, a BCST order to buy 1000
shares at $10.01 DAY will not be routed because NYSE's Protected
Quotation is not included in the routing table, by definition, for
BCST.
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    \4\ 17 CFR 242.611.
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    The Exchange will notify its membership of the implementation date,
which the Exchange expects will be on or about the 30th day after this
filing.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(5) of the Act,\6\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest, because BX
will be better able to serve its customers and compete with other
markets by offering additional optional routing services. Specifically,
the two new routing strategies will provide market participants with
greater flexibility in routing orders without developing order routing
strategies on their own.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. BX
competes with many exchanges and other execution venues for the
execution of orders in equities. Market participants can choose where
to send their orders. Accordingly, the proposal is pro-competitive in
that it affords the Exchange the opportunity to compete with other
exchanges in terms of offering new routing strategies.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. The Exchange has
provided the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date of
filing of the proposed rule change.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2013-008 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BX-2013-008. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the

submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2013-008 and should be
submitted on or before March 5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Kevin M O'Neill,
Deputy Secretary.
[FR Doc. 2013-03099 Filed 2-11-13; 8:45 am]
BILLING CODE 8011-01-P


SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 1922.02 " STORAGE, TREATMENT, TRANSPORTATION, AND DISPOSAL OF MIXED WASTE" ( FINAL RULE)

April 2001 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( a) TITLE AND NUMBER OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) SHORT CHARACTERIZATION/ ABSTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2( a) NEED/ AUTHORITY FOR THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2( b) PRACTICAL UTILITY/ USERS OF THE DATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . . . . . . . . . 8 3( a) NONDUPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3( b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB . . . . . . . . . . . . . . . . . 8 3( c) CONSULTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3( d) EFFECTS OF LESS FREQUENT COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3( e) GENERAL GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3( f) CONFIDENTIALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3( g) SENSITIVE QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4( a) RESPONDENTS AND SIC CODES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4( b) INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5( a) AGENCY ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5( b) COLLECTION METHODOLOGY AND MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5( c) SMALL ENTITY FLEXIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5( d) COLLECTION SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . 16 6( a) ESTIMATING RESPONDENT BURDEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6( b) ESTIMATING RESPONDENT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6( c) ESTIMATING AGENCY BURDEN AND COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6( e) BOTTOM LINE BURDEN HOURS AND COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6( f) REASONS FOR CHANGE IN BURDEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6( g) BURDEN STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) TITLE AND NUMBER OF THE INFORMATION COLLECTION This information collection request is entitled " Storage, Treatment, Transportation, and Disposal of Mixed Waste," ICR Number 1922.02.

1( b) SHORT CHARACTERIZATION/ ABSTRACT In the 1976 Resource Conservation and Recovery Act ( RCRA), as amended, Congress directs the U. S. Environmental Protection Agency ( EPA) to develop and administer a comprehensive program for the safe management and disposal of hazardous waste. Among other things, section 3001 of RCRA directs EPA to develop and promulgate criteria for identifying the characteristics of hazardous waste and for listing hazardous waste. In 1980, EPA promulgated regulations in 40 CFR Part 261 that identify the characteristics of hazardous wastes ( ignitable, corrosive, reactive, toxic) and that list hazardous wastes. EPA has since amended these regulations on many occasions. Hazardous wastes identified as characteristic or listed in Part 261 must be managed and disposed of in accordance with the standards promulgated at 40 CFR Parts 261 through 279, as applicable.

EPA is now amending the RCRA regulations to provide increased flexibility to facilities in managing low level mixed waste ( LLMW) and naturally occurring and/ or accelerator produced radioactive material ( NARM) containing hazardous waste. The final rule also aims to reduce dual regulation of LLMW, which is subject to RCRA and the Atomic Energy Act ( AEA), as amended. EPA believes the changes will lower costs and reduce paperwork burden, while maintaining or improving protection of human health ( including worker exposure to radiation) and the environment.

The storage and treatment conditional exemption in the rule conditionally exempts LLMW from the regulatory definition of hazardous waste in section 261.3, so long as specified eligibility criteria and conditions are met. The storage and treatment exemption requires the use of tanks or containers to store or treat the waste and applies only to LLMW that meets the specified conditions and is generated under a single Nuclear Regulatory Commission ( NRC) or an NRC Agreement State license. The rule also exempts LLMW and hazardous NARM waste from RCRA manifest, transportation, and disposal requirements when certain conditions are met. Under this transportation and disposal conditional exemption, generators must still comply with manifest, transport, and disposal requirements under the NRC ( or NRC Agreement State) regulations for low level radioactive waste ( LLW) or eligible NARM.

Sections 1 through 5 of this ICR describe the information collection requirements of the final rule. In Section 6, EPA estimates the burdens and costs from these information collection requirements. Section 6 also estimates the total annual burden and cost savings for generators and other facilities that no longer need to comply with the existing RCRA paperwork requirements for exempt mixed waste.

STORAGE AND TREATMENT CONDITIONAL EXEMPTION EPA is promulgating a conditional exemption from RCRA Subtitle C regulations during storage and treatment if the waste meets the eligibility criteria in 40 CFR 266.225 and if the generator meets the specified conditions. This regulatory flexibility for storage and treatment applies to any generator of LLMW who is licensed by NRC or an NRC Agreement State to manage radioactive materials. The conditional exemption is available only to LLMW generated under a single NRC or NRC Agreement State license. LLMW generators must notify EPA of the LLMW storage units for which they are claiming an exemption, and must meet the conditions listed in section 266.230. The exemption will be valid as long as the mixed waste meets the conditions, remains in a conditionally exempt storage unit, and is subject to NRC regulation. 2 Storage and Treatment Conditional Exemption and Eligibility Facilities seeking the mixed waste storage and treatment exemption must provide, or conduct and maintain the following, as required by § 266.230:

° A written notification submitted by certified delivery stating that the facility intends to claim the conditional exemption for LLMW stored at the facility. The dated notification must include the facility name, address, RCRA identification number, NRC or NRC Agreement State license, the waste code( s) and storage unit( s) for which the facility is seeking an exemption, and a statement that the facility meets the conditions of this part. The notification must be signed by the facility's authorized representative certifying that the information in the claim is true, accurate, and complete. The notification must be submitted within 90 days of the effective date of this rule in each State, or within 90 days of when a storage unit is first used to store conditionally exempt LLMW, as required by § 266.230( a);

° A certification that facility personnel who manage stored conditionally exempt LLMW are trained in a manner that ensures that the conditionally exempt waste is safely managed and includes training in chemical waste management and hazardous materials incidents response that meets the personnel training standards found in 40 CFR 265.16( a)( 3), as required by § 266.230( b)( 3);

° An inventory of stored conditionally exempt LLMW ( conducted at least annually), as required by § 266.230( b)( 4);

° Inspections of stored conditionally exempt LLMW for compliance with the conditions listed in Part 266 Subpart N ( conducted at least quarterly), as required by § 266.230( b)( 4); and ° An accurate emergency plan describing emergency response arrangements with local authorities and evacuation plans; listing the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators; and listing emergency equipment, as required by § 266.230( b)( 5).

Loss of Conditional Exemption Facilities that lose the exemption for their conditionally exempt LLMW because they no longer meet the requirements in § 266.230 must provide the following, as required by § 266.240:

° A written notification submitted by certified delivery within 30 days of becoming aware of the failure informing EPA or the Authorized State and the NRC or oversight agency in the NRC Agreement State of the condition( s) the facility failed to meet, a description of the LLMW ( including the waste name, hazardous waste codes, and the quantity), the storage location at the facility, and the date( s) on which the facility failed to meet the conditions, as required by § 266.240( a)( 1); and ° If the failure may endanger human health or the environment, an oral notification to EPA or the Authorized State, within 24 hours of learning of the failure, followed by a written notification within five days, as required by § 266.240( a)( 2).

In order to reclaim an exemption for LLMW, a facility must provide a notice signed by the facility's authorized representative and submitted by certified delivery to EPA or the Authorized State as required by § 266.245( a)( 2). This notice must include the following:

° An explanation of the circumstances of the failure( s); 3 ° Certification that all failures that caused the facility to lose the exemption for its LLMW have been corrected and that the facility again meets all of the conditions in § 266.230 as of the date specified;

° A description of the plan implemented, listing specific steps taken, to ensure the conditions will be met in the future; and ° Any additional information the facility would like to submit.

Record Keeping In addition to those records required by the NRC or NRC Agreement State license, all facilities subject to the mixed waste exemption requirements must develop and maintain the following as required by § 266.250:

° Initial notification records, return receipts, reports to EPA or the Authorized State of failure( s) to meet the exemption conditions, and all records supporting any reclaim of an exemption;

° Records of LLMW annual inventories, and quarterly inspections;

° Certification that facility personnel who manage stored mixed waste are trained in safe management of LLMW including training in chemical waste management and hazardous materials incidents response; and ° Emergency plan as specified in § 266.230( b).

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION EPA is also promulgating a conditional exemption from the definition of hazardous waste for eligible LLMW and NARM waste, so long as the generator or treater satisfies all specified conditions. Under the exemption, generators and treaters would be able to send their treated waste to a commercial low level radioactive waste disposal facility ( LLRWDF) licensed by NRC or NRC Agreement State. The eligible LLMW or NARM waste would be exempted from RCRA Subtitle C once it is placed on the transportation vehicle bound for disposal at the LLRWDF. The waste could then be transported to the LLRWDF as strictly radioactive waste using an NRC Uniform LLW Manifest. Generators and treaters under the exemption must undertake the following information collection requirements, as appropriate.

Notification Facilities claiming a transportation and disposal conditional exemption must provide the following, as required by § 266.345( a) and ( b):

° A written notification submitted to EPA or the Authorized State by certified delivery prior to the first shipment of waste to the LLRWDF that states that the facility is claiming the transportation and disposal conditional exemption. The notification must include the date and the facility name, address, phone number, and RCRA ID number, as required by § 266.345( a).

° A notification sent by certified delivery to the LLRWDF prior to each shipment of exempted waste, as required by § 266.345( b). The notification must include the following information:

S A statement that the shipping facility claimed the exemption for the waste; 4 S A statement that the eligible waste meets applicable LDR treatment standards;

S The facility's name, address, and RCRA ID number;

S The RCRA hazardous waste codes prior to the exemptions of the waste streams;

S A statement that the exempted waste must be placed in a container according to § 266.340 prior to disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption of 40 CFR Part 266 Subpart N;

S The manifest number of the shipment that will contain the exempted waste; and S A certification that all the information provided is true, accurate, and complete. The statement must be signed by the facility's authorized representative.

Record Keeping In addition to those records required by the NRC or NRC Agreement State license, facilities must develop and maintain the following items, as required in § 266.350:

° All applicable existing records required under § § 264.73, 265.73, and 268.7 to demonstrate that the facility's waste has met LDR treatment standards prior to claiming the exemption. [ These are existing recordkeeping requirements and are not burdened in this ICR.]

° A copy of all notifications and return receipts sent under § § 266.355 and 266.360 for three years after the exempted waste is sent for disposal;

° A copy of all notifications and return receipts required by § 266.345( a) for three years after the last exempted waste is sent for disposal;

° A copy of the notification and return receipt required by § 266.345( b) for three years after the exempted waste is sent for disposal; and ° If the facility or its waste is not already subject to NRC or NRC Agreement State equivalent manifest and transportation regulations for the shipment of its waste, it must keep a copy of all other documents related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC Agreement State equivalent regulations, including applicable NARM requirements, in addition to the records specified in § 266.350( a) through ( d).

Loss of Conditional Exemption Owners or operators of facilities who fail to satisfy any of the conditions for the transportation and disposal exemption for their waste must provide the following:

° A report signed by the facility's authorized representative and submitted by certified delivery within 30 days of becoming aware of the failure, as required by § 266.355( a)( 1). At a minimum, the report must include the following:

S The condition( s) that the facility failed to meet for its waste; 5 S A description of the waste ( including the waste name, hazardous waste codes and quantity) that lost the exemption; and S The date( s) on which the facility failed to meet the condition( s) for the waste.

° If the failure may endanger human health or the environment, oral notification to EPA or the Authorized State within 24 hours, followed by a notification within five days, as required by § 266.355( a)( 2).

To reclaim the transportation and disposal conditional exemption for the waste, another notification must be signed by the facility's authorized representative and submitted by certified delivery, as required by § 266.360( a)( 2). This notification must include:

° An explanation of the circumstances of each failure;

° A certification that all failures that caused the facility to lose the exemption for the waste have been corrected and that the facility again meets all of the applicable conditions for the waste as of the date specified;

° A description of the plan implemented, listing specific steps taken, to ensure the conditions will be met in the future; and ° Any additional information the facility would like to submit.

2. NEED FOR AND USE OF THE COLLECTION 2( a) NEED/ AUTHORITY FOR THE COLLECTION The statutory basis for the rule is located in the provisions of RCRA that define EPA's authority to determine what constitutes a hazardous waste. Section 3001( a) of RCRA provides that EPA must " develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subtitle.... Such criteria shall be revised from time to time as may be appropriate." In addition, section 1004( 5)( b) of RCRA defines the term " hazardous waste" as a solid waste, or combination of solid wastes, which poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

EPA has held, and the courts have agreed, that " where a waste might pose a hazard only under limited management scenarios, and other regulatory programs already address such scenarios, EPA is not required to classify a waste as hazardous waste subject to regulation under Subtitle C." The courts also clarified that " Congress has not spoken directly to the issue of conditional exemption" and agreed with EPA's interpretation that section 3001( a) allows the use of conditional exemptions. EPA had used this line of reasoning in finalizing the Military Munitions Rule, which created a conditional exemption from RCRA for transporting and storing non chemical waste munitions, as specified. ( See 62 FR 6621; February 12, 1997.)

EPA is promulgating this rule in response to negotiations with commercial nuclear power plants and their trade representatives. The industry expressed interest in regulatory flexibility to allow the disposal of mixed waste in commercial low level radioactive waste disposal facilities ( LLRWDFs) as a RCRA exempt waste. The negotiations resulted in a final consent decree, which required EPA to publish a proposed rule that requests comment on an exemption from the RCRA regulations for mixed waste generated by nuclear power plants. The proposal also requested comment on other regulatory relief for these wastes, as EPA deemed appropriate. The final rule promulgates the conditional exemptions, which have been revised and finalized after receipt and consideration of public comments. 6 2( b) PRACTICAL UTILITY/ USERS OF THE DATA LOW LEVEL MIXED WASTE STORAGE Storage and Treatment Conditional Exemption and Eligibility EPA has developed minimum criteria to ensure that LLMW generators take appropriate steps to qualify for the exemption, as required by 40 CFR 266.230:

Generators claiming the exemption must notify EPA or the Authorized State in writing that they claim the exemption for LLMW stored at the facility. The notification requirement provides EPA or the Authorized State with a record of who has made a claim for the exemption, and allows EPA to refute the claim should the Agency deem it invalid based on any requirements outlined in the final rulemaking.

Generators must certify that facility personnel who manage stored conditionally exempt LLMW are appropriately trained. The certification will assist the Agency in confirming that site personnel are trained in storing the exempted waste in compliance with applicable management procedures and taking emergency response actions.

° Generators must inventory the conditionally exempt LLMW at least annually, inspect the conditionally exempt LLMW at least quarterly for compliance with the specified conditions, and maintain records of the findings of these inventories and inspections while the waste is stored plus at least three years or longer if required by the generator's NRC or NRC Agreement State license. An important part of assuring that a generator is complying with the conditions of the rule is requiring the generator to perform regular inspections of the facilities storing exempted waste, as well as inventorying the waste to prevent loss or other mismanagement. Records of these activities will assure EPA of consistent compliance with exemption conditions.

° Generators must maintain an accurate emergency plan and provide the plan to all local authorities who may have to respond to an emergency. The contingency plan must describe emergency response arrangements with local authorities, describe evacuation plans, list the names, addresses and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators, and list emergency equipment. The majority of facilities that generate mixed waste should already have an emergency plan under an existing RCRA permit, RCRA interim status, or NRC license. However, some facilities may not have a plan or the plan may not address chemical releases. EPA, therefore, requires such a plan.

Loss of Conditional Exemption 40 CFR 266.240( a) provides that the conditional exemption applies only while all of the conditions of section 266.230 are met and that a generator can lose the exemption for failure to meet any of these conditions. Section 266.240( a)( 1) requires that the generator report to EPA or the Authorized State and NRC or the oversight agency in the NRC Agreement State in writing any failure to meet the condition within 30 days of learning of the failure. If the failure may endanger human health or the environment, the generator must also notify EPA or the Authorized State orally within 24 hours and follow up with a written notification within five days. EPA and the Authorized States will use the written notifications to monitor compliance and enforce the provisions of the exemption, as appropriate. The oral notification will provide the Agency with immediate information on conditions that might endanger human health or environment.

40 CFR 266.245( a) provides that a generator may apply to reclaim an exemption for LLMW as soon as the generator again meets the requirements of section 266.230. The notice must explain the 7 circumstances of each failure, certify that the generator has corrected each failure that caused the generator to lose the exemption, and certify that the generator again meets the conditions of section 266.230 as of the date specified. The notice must also describe the plan to ensure that the conditions will be met in the future and include other information on the failure ( for example, circumstances of each failure, steps taken to prevent recurrence). The notice will enable the Agency to monitor compliance, understand the reasons for failures, and ensure that generators have taken appropriate steps to regain compliant status.

Record Keeping 40 CFR 266.250 requires that generators under the exemption must keep their notifications, return receipts, failure reports, and records supporting any reclaim of the exemption for the period of time specified in section 266.250( b). These records will assist the Agency in assessing the generators' compliance during on site inspections.

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION Notification 40 CFR 266.345( a) requires that generators or treaters notify EPA or the Authorized State that they are claiming the transportation and disposal exemption prior to the initial shipment of a waste to a LLRWDF.

EPA believes the exemption notice provides a tool for RCRA program regulatory agencies to become aware of the generator's exemption claims. The information contained in the notification package will provide the RCRA program regulatory agencies with a general understanding of the claimant. This information will allow the agencies to document the generator's exemption status and to plan inspections and review exemption related records. They can also consider the need for possible enforcement actions in the event that an exemption is found to be improperly claimed.

Record Keeping 40 CFR 266.350 requires that generators and treaters under the exemption keep specified records ( e. g., all notifications sent under § 266.345) at the facility. They must make these records available to the RCRA regulatory agency immediately during an on site inspection, or upon request. The records provide the generator's or treater's RCRA program regulatory agency with information during inspections and audits to determine whether the generator is in compliance with all of the requirements under the exemption. These records could also be used in possible enforcement actions.

Loss of Conditional Exemption Section 266.355 provides that a generator or treater whose waste fails to satisfy any of the conditions as specified will lose the exemption for the waste. If the generator or treater fails to satisfy any of the conditions specified, he or she must notify EPA or the Authorized State within 30 days of learning of the failure. In addition, section 266.360 provides that, to reclaim the exemption, the generator or treater must notify EPA or the Authorized State. The notification must include specified information ( e. g., certification that failures have been corrected). The exemption would be reinstated once the generator or treater has received certified mail return receipts.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) NONDUPLICATION The requirements covered by this ICR do not duplicate any other information collection requirements. The information collected under this ICR is not available from any existing sources of 8 information. Furthermore, the exemptions discussed in this ICR are self implementing and intended to provide relief to respondents from duplicative information collection requirements.

3( b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB On November 19, 1999, EPA published a proposed rule in the Federal Register and solicited public comments ( 64 FR 63464). To assist the public in commenting on the proposal, EPA raised a number of issues in the preamble about the proposed rule and asked for the public to comment on them. At the end of the comment period, EPA reviewed and responded to the comments received and took the comments into consideration when finalizing the rule, ICR, and other supporting documents.

3( c) CONSULTATIONS In developing this ICR, EPA considered the comments and suggestions provided by the regulated community in response to the March 1, 1999 Advance Notice of Proposed Rulemaking ( 64 FR 10063), as well as to the 1995 HWIR rulemaking. These comments and suggestions, where relevant, have been incorporated into this ICR and are reflected in Exhibits 1 through 4. In addition, EPA met with State hazardous waste and radiation officials and visited nuclear power plants and mixed waste treatment facilities to gather information about their mixed waste management practices. This information has been used in developing the ICR's data and assumptions on respondents, where appropriate.

3( d) EFFECTS OF LESS FREQUENT COLLECTION The information collection requirements in this ICR are minimal and only require respondents to submit information when they first claim the exemption, when the waste loses the exemption, and when the facility seeks to regain the exemption. These requirements constitute the minimum amount of reporting that could be required while still maintaining some level of EPA supervision.

3( e) GENERAL GUIDELINES None of the information collection activities discussed in this ICR violates OMB's general guidelines for information collections. These guidelines are listed in 5 CFR Part 1320.

3( f) CONFIDENTIALITY The information collected under this ICR will be used for tracking and enforcement purposes only, and will not be disseminated in any way to other parties. The confidentiality of this information, therefore, will not be compromised.

3( g) SENSITIVE QUESTIONS None of the information collected under this ICR constitutes sensitive information.

4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4( a) RESPONDENTS AND SIC CODES ( i) Respondents The respondents affected by this information collection are facilities that generate or treat LLMW. 9 ( ii) SIC Codes EPA anticipates that the following SIC codes may potentially be affected by the information collection activities discussed in this ICR:

4911 Electric Services 4931 Electric and Other Services Combined 4953 Refuse Systems 8011 Offices and Clinics of Doctors of Medicine 8052 Intermediate Care Facilities 8059 Nursing and Personal Care Facilities, NEC 8062 General Medical and Surgical Hospitals 8063 Psychiatric Hospitals 8069 Specialty Hospitals, Except Psychiatric 8071 Medical Laboratories 8072 Dental Laboratories 8093 Specialty Outpatient Facilities, NEC 8099 Health and Allied Services, NEC 8221 Colleges, Universities, and Professional Schools 8731 Commercial Physical and Biological Research 8733 Noncommercial Research Organizations 8734 Testing Laboratories 4( b) INFORMATION COLLECTED STORAGE AND TREATMENT CONDITIONAL EXEMPTION Storage and Treatment Conditional Exemption and Eligibility ( i) Data Items Facilities seeking the mixed waste storage and treatment exemption must provide, or conduct and maintain the following, as required by § 266.230:

° A written notification submitted by certified delivery stating that the facility intends to claim the conditional exemption for LLMW stored at the facility. The dated notification must include the facility name, address, RCRA identification number, NRC or NRC Agreement State license, the waste code( s) and storage unit( s) for which the facility is seeking an exemption, and a statement that the facility meets the conditions of this part. The notification must be signed by the facility's authorized representative certifying that the information in the claim is true, accurate, and complete. The notification must be submitted within 90 days of the effective date of this rule in each State, or within 90 days of when a storage unit is first used to store conditionally exempt LLMW, as required by § 266.230( a);

° A certification that facility personnel who manage stored conditionally exempt LLMW are trained in a manner that ensures that the conditionally exempt waste is safely managed and includes training in chemical waste management and hazardous materials incidents response that meets the personnel training standards found in 40 CFR 265.16( a)( 3), as required by § 266.230( b)( 3);

° An inventory of stored conditionally exempt LLMW ( conducted at least annually), as required by § 266.230( b)( 4); 10 ° Inspections of stored conditionally exempt LLMW for compliance with the conditions listed in Part 266 Subpart N ( conducted at least quarterly), as required by § 266.230( b)( 4); and ° An accurate emergency plan describing emergency response arrangements with local authorities and evacuation plans; listing the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators; and listing emergency equipment, as required by § 266.230( b)( 5).

( ii) Respondent Activities Respondents must perform the following activities:

° Prepare and submit by certified delivery the notification of intent to claim the conditional exemption for LLMW stored at the facility;

° Prepare the certification that facility personnel have been appropriately trained;

° Inventory conditionally exempt LLMW and record findings ( at least annually);

° Conduct compliance inspections of conditionally exempt LLMW and record findings ( at least quarterly); and ° Maintain an emergency plan on site and provide it to all local emergency response authorities who may have to respond to a fire, explosion, or release of hazardous waste or hazardous constituents.

Loss of Conditional Exemption ( i) Data Items Facilities that lose the exemption for their conditionally exempt LLMW because they no longer meet the requirements in § 266.230 must provide the following, as required by § 266.240:

° A written notification submitted by certified delivery within 30 days of becoming aware of the failure informing EPA or the Authorized State and the NRC or oversight agency in the NRC Agreement State of the condition( s) the facility failed to meet, a description of the LLMW ( including the waste name, hazardous waste codes, and the quantity), the storage location at the facility, and the date( s) on which the facility failed to meet the conditions, as required by § 266.240( a)( 1); and ° If the failure may endanger human health or the environment, an oral notification to EPA or the Authorized State, within 24 hours of learning of the failure, followed by a written notification within five days, as required by § 266.240( a)( 2).

In order to reclaim an exemption for LLMW, a facility must provide a notice signed by the facility's authorized representative and submitted by certified delivery to EPA or the Authorized State as required by § 266.245( a)( 2). This notice must include the following:

° An explanation of the circumstances of the failure( s);

° Certification that all failures that caused the facility to lose the exemption for its LLMW have been corrected and that the facility again meets all of the conditions in § 266.230 as of the date specified; 11 ° A description of the plan implemented, listing specific steps taken, to ensure the conditions will be met in the future; and ° Any additional information the facility would like to submit.

( ii) Respondent Activities Respondents must perform the following activities:

° Prepare and submit by certified delivery the written notification of exemption loss;

° Inform the EPA Region or the Authorized State of the failure ( orally and follow up written notification) in cases of endangerment to human health or the environment; and ° Prepare and submit by certified delivery the notice reclaiming the exemption for LLMW.

Record Keeping ( i) Data Items In addition to those records required by the NRC or NRC Agreement State license, all facilities subject to the mixed waste exemption requirements must develop and maintain the following as required by § 266.250:

° Initial notification records, return receipts, reports to EPA or the Authorized State of failure( s) to meet the exemption conditions, and all records supporting any reclaim of an exemption;

° Records of LLMW annual inventories, and quarterly inspections;

° Certification that facility personnel who manage stored mixed waste are trained in safe management of LLMW including training in chemical waste management and hazardous materials incidents response; and ° Emergency plan as specified in § 266.230( b).

( ii) Respondent Activities Respondents must perform the following activities:

° Maintain and update records of notifications, return receipts, failure report( s), inventories, inspections, certifications, and the emergency plans.

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION Notification ( i) Data Items Facilities claiming a transportation and disposal conditional exemption must provide the following, as required by § 266.345( a) and ( b):

° A written notification submitted to EPA or the Authorized State by certified delivery prior to the first shipment of waste to the LLRWDF that states that the facility is claiming the transportation and disposal conditional exemption. The notification must include the 12 date and the facility name, address, phone number, and RCRA ID number, as required by § 266.345( a).

° A notification sent by certified delivery to the LLRWDF prior to each shipment of exempted waste, as required by § 266.345( b). The notification must include the following information:

S A statement that the shipping facility claimed the exemption for the waste;

S A statement that the eligible waste meets applicable LDR treatment standards;

S The facility's name, address, and RCRA ID number;

S The RCRA hazardous waste codes prior to the exemptions of the waste streams;

S A statement that the exempted waste must be placed in a container according to § 266.340 prior to disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption of 40 CFR Part 266 Subpart N;

S The manifest number of the shipment that will contain the exempted waste; and S A certification that all the information provided is true, accurate, and complete. The statement must be signed by the facility's authorized representative.

( ii) Respondent Activities respondents must perform the following activities:

° Prepare and submit the notification to EPA or the Authorized State; and ° Prepare and submit the LLRWDF notifications.

Record Keeping ( i) Data Items In addition to those records required by the NRC or NRC Agreement State license, facilities must develop and maintain the following items, as required in § 266.350:

° All applicable existing records required under § § 264.73, 265.73, and 268.7 to demonstrate that the facility's waste has met LDR treatment standards prior to claiming the exemption. [ These are existing recordkeeping requirements and are not burdened in this ICR.]

° A copy of all notifications and return receipts sent under § § 266.355 and 266.360 for three years after the exempted waste is sent for disposal;

° A copy of all notifications and return receipts required by § 266.345( a) for three years after the last exempted waste is sent for disposal;

° A copy of the notification and return receipt required by § 266.345( b) for three years after the exempted waste is sent for disposal; and 13 ° If the facility or its waste is not already subject to NRC or NRC Agreement State equivalent manifest and transportation regulations for the shipment of its waste, it must keep a copy of all other documents related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC Agreement State equivalent regulations, including applicable NARM requirements, in addition to the records specified in § 266.350( a) through ( d).

( ii) Respondent Activities Respondents must perform the following activities:

° Copy, when necessary, and maintain the records listed above.

Loss of Conditional Exemption ( i) Data Items Owners or operators of facilities who fail to satisfy any of the conditions for the transportation and disposal exemption for their waste must provide the following:

° A report signed by the facility's authorized representative and submitted by certified delivery within 30 days of becoming aware of the failure, as required by § 266.355( a)( 1). At a minimum, the report must include the following:

S The condition( s) that the facility failed to meet for its waste;

S A description of the waste ( including the waste name, hazardous waste codes and quantity) that lost the exemption; and S The date( s) on which the facility failed to meet the condition( s) for the waste.

° If the failure may endanger human health or the environment, oral notification to EPA or the Authorized State within 24 hours, followed by a notification within five days, as required by § 266.355( a)( 2).

To reclaim the transportation and disposal conditional exemption for the waste, another notification must be signed by the facility's authorized representative and submitted by certified delivery, as required by § 266.360( a)( 2). This notification must include:

° An explanation of the circumstances of each failure;

° A certification that all failures that caused the facility to lose the exemption for the waste have been corrected and that the facility again meets all of the applicable conditions for the waste as of the date specified;

° A description of the plan implemented, listing specific steps taken, to ensure the conditions will be met in the future; and ° Any additional information the facility would like to submit.

( ii) Respondent Activities Respondents must perform the following activities:

° Prepare and submit by certified delivery the report of the failure; 14 ° Inform EPA or the Authorized State of the failure ( orally and follow up notification) in cases of endangerment to human health or the environment; and ° Prepare and submit by certified delivery the notice for reinstatement.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) AGENCY ACTIVITIES STORAGE AND TREATMENT CONDITIONAL EXEMPTION Agency activities associated with this exemption include the following:

° Review the notification of intent to claim the exemption ( § 266.230( a));

° Review the written notification of exemption loss ( § 266.240( a)( 1));

° Receive and review the oral and written follow up notice if the failure endangers human health or the environment ( § 266.240( a)( 2)); and ° Review the notice reclaiming the exemption ( § 266.245).

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION Agency activities associated with this exemption include the following:

° Review the initial notification package ( § 266.345( a));

° Review the notification of exemption loss ( § 266.355( a)( 1));

° Receive and review the oral notice of endangerment to human health or the environment and the written follow up notice ( § 266.355( a)( 2)); and ° Review the notice reclaiming the exemption ( § 266.360).

5( b) COLLECTION METHODOLOGY AND MANAGEMENT The requirements covered in this ICR are largely self implementing. The reporting requirements are not intended to provide EPA with data it will use for research; rather, they are intended to serve as tools by which the Agency and respondents can monitor compliance and assure that the conditions of the exemption are met. EPA need only review notifications submitted by respondents and, if necessary, notify them of any actions taken by the Agency or required of the respondent.

5( c) SMALL ENTITY FLEXIBILITY The information collection requirements covered in this ICR will not adversely impact small entities. The exemptions are self implementing and intended to provide regulatory relief. Facilities will not claim the exemption for the waste ( and perform the associated activities) unless, by doing so, they expect to save time and/ or money. Additionally, these requirements apply equally to small and large entities and will not impose a disproportionate burden on either. 1 The book was edited by Eva Jacobs, and was published in 1998 by Bernan Press. EPA used the labor rates in the 1998 publication and then updated them to year 2001 levels using an annual employment cost index of 3.0.

2 Based on the report Estimating Costs for the Economic Benefits of RCRA Noncompliance. The report was authored by U. S. EPA, RCRA Enforcement Division, Office of Regulatory Enforcement, and was published in February 1997.

15 5( d) COLLECTION SCHEDULE Respondents wishing to claim a storage or treatment exemption for their LLMW must do so within 90 days of the effective date of the rule in their State, or within 90 days of the date on which the unit is first used to store conditionally exempt LLMW. If a facility fails to meet any of the conditions specified in section 266.230, the facility must report to EPA or the Authorized State and the NRC or the oversight agency in the NRC Agreement State in writing by certified delivery within 30 days of learning of the failure, as required by section 266.240( a)( 1). If the failure to meet any of the conditions may endanger human health or the environment, the facility must notify EPA or the Authorized State orally ( within 24 hours) and follow up with written notification within five days, as required by section 266.240( a)( 2).

Respondents wishing to claim a transportation and disposal exemption may do so any time they generate a waste stream that meets the conditions of the exemption. They must submit a notification to EPA or the Authorized State prior to the initial shipment claiming the exemption. In addition, for wastes that no longer meet the conditions for exemption, a respondent has 30 days after learning of the failure to submit a notification, as required by section 266.355( a)( 1). If the failure to meet any of the conditions may endanger human health or the environment, the facility must also immediately notify EPA or the Authorized State orally within 24 hours and follow up with a notification within five days, as required by section 266.355( a)( 2).

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) ESTIMATING RESPONDENT BURDEN The respondent burden estimates for this information collection are presented in Exhibits 1 and 2. The exhibits estimate the number of hours required to conduct each individual information collection activity and the cost associated with that activity. The exhibits also show the total annual burden and costs for conducting all of the activities.

6( b) ESTIMATING RESPONDENT COSTS ( i) Estimating Labor Costs EPA estimates an average hourly respondent labor cost ( including overhead) of $ 111.00 for legal staff, $ 79.00 for managerial staff, $ 59.00 for technical staff, and $ 30.00 for clerical staff. To arrive at these estimates, EPA consulted the Handbook of U. S. Labor Statistics, Second Edition, 1 which summarizes the unloaded ( base) hourly rate for various labor categories in U. S. firms. EPA then applied an overhead factor of 2.3 for non legal staff and 3.0 for legal staff to derive their loaded hourly rates. 2 Using the total burden hours discussed in Section 6( a) and the wage rates outlined in this section, Exhibits 1 and 2 illustrate the labor costs associated with the respondent information collection activities covered in this ICR.

( ii) Estimating O& M Costs The operating and maintenance ( O& M) costs associated with this ICR are presented in Exhibits 1 and 2. EPA anticipates that respondents will only incur O& M costs associated with submitting 16 notifications, making long distance telephone calls, and making photocopies of documents. EPA estimates that respondents will submit their notifications via certified delivery at a cost of $ 3 per submittal and that long distance phone calls will cost an average of $ 2 per call. EPA also estimates that respondents will incur photocopying costs of $ 0.10 per page.

( iii) Estimating Capital Costs EPA does not anticipate that any respondents will incur any notable capital costs as a result of the requirements associated with this ICR.

6( c) ESTIMATING AGENCY BURDEN AND COST Agency burden and cost estimates are presented in Exhibits 3 and 4. Based on the 2001 GS pay schedule, EPA estimates an average hourly labor cost of $ 69.49 for legal staff ( GS 15, Step 5), $ 61.31 for managerial staff ( GS 15, Step 1), $ 44.11 for technical staff ( GS 13, Step 1), and $ 18.82 for clerical staff ( GS 6, Step 1). To derive these hourly estimates, EPA divided the annual compensation estimates by 2,080, which is the number of hours in the Federal work year, and then multiplied the hourly rates by the standard government overhead factor of 1.6.

6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS This ICR is a comprehensive presentation of all of the information collection activities included in the final mixed waste rule. EPA estimated respondent burden hours and costs associated with all of the requirements covered in this ICR in Exhibits 1 and 2. Exhibit 1 addresses respondent burden and costs associated with the storage and treatment exemption. Exhibit 2 addresses respondent burden and costs associated with the transportation and disposal exemption.

STORAGE AND TREATMENT CONDITIONAL EXEMPTION Reading the Regulations The storage and treatment conditional exemption exempts facilities' LLMW from the regulatory definition of hazardous waste in section 261.3 if the waste meets the eligibility criteria in section 266.225 and the facilities meet the conditions in section 266.230. Low level mixed waste ( LLMW), defined in section 266.210, is eligible for the conditional exemption if it is generated and managed under a single NRC or NRC Agreement State license. ( Mixed waste generated at a facility with a different license and shipped to a facility for storage or treatment requires a permit and is ineligible for this exemption. In addition, NARM waste is ineligible this exemption.) For LLMW to qualify for the exemption, licensees must satisfy the conditions of section 266.230 ( e. g., store LLMW in compliance with NRC license).

EPA believes that the storage exemption applies to two types of NRC licensees: nuclear facilities ( e. g., nuclear power plants) and material licensees that generate and store their LLMW on site. Both of these types of licensees may generate a LLMW and have an NRC license that allows for onsite storage of licensed material. EPA does not expect that commercial treatment, storage or disposal facilities ( TSDFs) possessing an NRC license would be eligible for the storage and treatment exemption, since the exemption would apply only to licensees that store or treat LLMW generated at the facility. The exemption also would not apply to other sites that do not possess an NRC license ( e. g., DOE installations). Some of the entities potentially affected by the storage and treatment exemption are identified in Table 1. 3 Klein, J. A., J. E. Mrochek, R. L. Jolley, I. W. Osborne Lee, A. A. Francis and T. Wright, National Profile on Commercially Generated Low Level Radioactive Mixed Waste, Oak Ridge Laboratory, prepared for the U. S. Nuclear Regulatory Commission and the U. S. Environmental Protection Agency, December 1992.

17 Table 1. Examples of Entities Potentially Affected by the Storage and Treatment Exemption Category Examples of Entities Nuclear Power Industry Firms that generate electricity using nuclear fuel as the source of energy and that have been licensed by the Nuclear Regulatory Commission Universities & Academic Institutions Entities that are licensed by NRC or NRC Agreement States to use radionuclides for academic, biomedical, and health research purposes in research laboratories Pharmaceutical and Health Care Industries Research laboratories owned and operated by drug manufacturers and hospitals/ clinics that are licensed by NRC or NRC Agreement States to use radionuclides for medical or research purposes in research laboratories Based on an analysis of the National Profile on Commercially Generated Low Level Radioactive Mixed Waste ( National Profile), 3 EPA estimates that about 585 facilities were storing mixed waste in 1990 and that an additional 246 facilities were generating, but not storing, these wastes. While waste generation and storage patterns have changed since 1990 ( e. g., because of waste minimization practices and treatment requirements), this ICR makes the conservative assumption that all 831 facilities would claim the treatment and storage exemption ( i. e., 585 + 246 = 831). Each of these licensees is expected to read the regulations once during the three year life of the ICR. [ Note that the exhibits present annual burdens and costs over the three year effective life of the ICR. The exhibits present the burden and cost of one time activities by dividing the total number of respondents by three.] Thus, this ICR assumes that approximately 277 sites will read the regulations annually ( 831 sites / 3 years = 277 sites/ yr).

This assumption is reflected in Exhibit 1.

Storage and Treatment Conditional Exemption and Eligibility Licensees must meet the conditions at section 266.230 in order for their LLMW to qualify for and maintain the exemption. This includes preparing and submitting a notification to EPA or the Authorized State claiming the exemption and preparing a certification that all facility personnel have been appropriately trained. Over the three year period of this ICR, an estimated 277 sites ( 831 sites / 3 years = 277 sites) will perform these activities each year. ( Note that EPA expects that facilities claiming the exemption for more than one storage unit would submit a single notification for all units, as opposed to a separate notification for each unit.)

In addition, these facilities must also inventory their conditionally exempt LLMW at least annually, inspect the conditionally exempt LLMW at least quarterly ( 831 sites * 4 inspections = 3,324 inspections annually), and document the findings of these efforts. Finally, they must maintain, on site, a copy of an emergency plan and provide it to local authorities. Note that licensees are already subject to existing inspection, inventory, and emergency preparedness and contingency planning requirements under the NRC regulations. EPA therefore does not expect licensees to see much additional incremental burden from the storage exemption for these activities.

These assumptions are reflected in Exhibit 1. 4 The four treatment facilities include Envirocare of Utah, DSSI, NSSI, and Perma Fix Environmental Services. See EPA's web site, www. epa. gov/ radiation/ mixed waste, for a description of these facilities.

18 Loss of Conditional Exemption Licensees would lose the exemption if their LLMW failed to satisfy any of the conditions listed at section 266.230. Based on its best judgment, EPA estimates that, each year, five percent of licensees ( 831 sites * 0.05 = 42 sites) would need to report to EPA or the Authorized State their failure to meet a condition. Of these, an estimated one percent ( 42 sites * 0.01 = 0 sites) would need to telephone EPA and follow up with a written report, informing the Agency of a threat to human health or the environment.

Licensees that lose the exemption for their LLMW must notify EPA or the Authorized State to reclaim the exemption. EPA estimates that all of the licensees losing the exemption each year ( 42 sites) will provide notice to EPA or the Authorized State that they are reclaiming the exemption.

These assumptions are reflected in Exhibit 1.

Record Keeping Licensees must keep records of their initial notifications, return receipts, records of inventories and inspections, and other documents as specified in section 266.250. EPA expects all of the 831 licensees under the exemption to maintain and update their records each year. This assumption is reflected in Exhibit 1.

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION Reading the Regulations The transportation and disposal conditional exemption exempts eligible waste from the regulatory definition of hazardous waste in section 261.3 if the waste meets the eligibility criteria under section 266.310, and the facility meets the conditions of section 266.315. Eligible wastes must be a LLMW, as defined in section 266.210, that meets the waste acceptance criteria of a LLRWDF, and/ or an eligible NARM waste, as defined in section 266.210.

Based on an analysis of the National Profile, EPA estimates that about 46 licensed nuclear power reactors in the U. S. generate listed LLMW and would treat it on site and claim the disposal exemption. EPA also estimates that four commercial mixed waste treatment facilities would claim the disposal exemption for their treated eligible mixed waste. 4 In total, EPA estimates that about 50 licensees would claim the disposal exemption. Each of these licensees is expected to read the regulations once over the three year life of this ICR ( 50 sites / 3 years = 17 sites/ yr).

For the purposes of this analysis, EPA assumes that no other licensee generators would claim the exemption. Rather, these licensees would send their eligible waste to a commercial mixed waste treater in compliance with the full RCRA regulations, as applicable.

These assumptions are reflected in Exhibit 2.

Notification As required by section 266.345( a), licensees must submit a one time notice to EPA or the Authorized State stating that they are claiming the exemption prior to the initial shipment of an exempted waste to the LLRWDF. This ICR estimates that 17 licensees will submit a notification to EPA or the Authorized State each year ( 50 sites / 3 years = 17 sites/ yr). 19 Further, licensees must also submit a notification to the LLRWDF prior to each shipment of exempted waste. Based on its best professional judgment, EPA assumes that each of the 46 nuclear power reactors qualifies as a RCRA large quantity generator ( i. e., for their eligible mixed waste and other hazardous wastes generated). EPA estimates these reactors would send, on average, four shipments of exempted waste offsite each year ( i. e., once every 90 days). In total, EPA estimates these nuclear reactors would make about 184 shipments in total each year. In addition, EPA estimates that the four commercial mixed waste treatment facilities will each send one shipment of exempted waste to the LLRWDF each year ( 4 shipments/ yr). That is, EPA expects these facilities to store their treated waste on site during the year in order to minimize the number of shipments to the LLRWDF. In total, EPA estimates that these generator and treater licensees would make 188 shipments of exempted waste annually and that they would therefore need to prepare and submit 188 notifications to LLRWDFs annually.

Note that once the eligible mixed waste is placed on the truck en route to the LLRWDF, it exits RCRA Subtitle C regulation. The licensees need not prepare a RCRA manifest for the shipment; however, they must transmit the NRC Uniform LLW Manifest ( not burdened in this ICR).

These assumptions are reflected in Exhibit 2.

Record Keeping Licensees claiming the exemption must maintain records as specified at section 266.350 ( e. g., copy of notifications, return receipts). EPA estimates that each of the 50 licensees claiming the exemption would need to keep and update these records annually. This assumption is reflected in Exhibit 2.

Loss of Conditional Exemption Any waste will automatically lose its exemption if it is not managed in accordance with all of the applicable conditions specified in section 266.315. EPA or the Authorized State may conduct inspections and audits of the generator of the waste and any other person claiming the exemption. If the claimant fails to satisfy any of the specified conditions, the conditional exemption would be void. The claimant must notify EPA or the Authorized State of the failure within 30 days from the date when the failure becomes known. Based on its best professional judgment, EPA estimates that, each year, about five percent of licensees ( 50 sites * 0.05 = 3 sites) would submit this notification. Of these, an estimated one percent ( 3 sites* 0.01 = 0 sites) would need to telephone EPA or the Authorized State and follow up with a report because the failure threatens human health or the environment.

Licensees may regain the exempt status for their eligible waste, as provided by section 266.360. Licensees must notify EPA or the Authorized State that they are re claiming the exemption. EPA estimates that all of the licensees that lose an exemption ( 3 sites annually) would apply to have their exemption reinstated.

These assumptions are reflected in Exhibit 2.

TOTAL RESPONDENT BURDEN AND COST Exhibit 5 presents the total annual respondent burden and costs associated with the mixed waste rule. EPA estimates that respondents will incur an annual burden of approximately 3,079 hours and a cost of about $ 168,398. Exhibit 5 also presents cost estimates by type ( labor, capital/ startup, or O& M) as well as three year totals for burden and costs ( to reflect the overall burden and costs incurred by respondents over the three year period covered by this ICR).

In addition to the new paperwork requirements of the rule, EPA also has estimated the burden and cost savings that generators and other facilities would see under the conditional exemptions. Exhibit 6 compares the total annual incremental respondent burden and costs under the rule to the burden and 5 The list of States' authorization status can be found at www. epa. gov/ radiation/ mixed waste.

20 cost savings in order to derive net impacts under the rule. Following is a brief description of the EPA ICRs affected by the rule.

For the Biennial Reporting ICR, EPA believes that facilities claiming the disposal exemption, as well as the destination sites receiving the exempted Waste, would be relieved of the biennial reporting requirements for that waste. However, the Agency has insufficient information on these facilities' waste shipping practices to estimate the savings under the biennial reporting requirements.

For the Manifest ICR, burden and cost savings were calculated assuming the 46 nuclear reactors and four mixed waste treatment facilities that claim the disposal exemption will no longer need to manifest their estimated 188 shipments of exempted waste sent to LLRWDFs each year. O& M costs associated with this ICR are for photocopying and transmitting the manifests to third parties.

For the General Facility Standards ICR, EPA believes that savings would be seen only by claimants of the storage exemption that are located in Base Authorized States that have not yet received mixed waste authorization. That is, EPA assumes that, at present, licensees storing their LLMW on site for more than 90 days in States with mixed waste authorization ( and States without base authorization) have received a RCRA storage permit, and they are already complying with the RCRA general facility requirements ( e. g., routine facility inspections). On the other hand, EPA assumes that licensees storing their waste for more than 90 days in Base Authorized States that do not have mixed waste authorization would not be subject to RCRA permitting or the general facility standards. These licensees would become subject to such requirements only when their State gets mixed waste authorization. Hence, these licensees would see savings under the storage exemption when their State becomes mixed waste authorized.

Based on available information on States' authorization status, EPA estimates that about 91 claimants of the storage exemption are located in Base Authorized States that do not have mixed waste authorization. 5 These 91 claimants would see savings under the General Facility Standards ICR for no longer conducting RCRA facility inspections. There are no capital or O& M costs associated with the inspections.

For the Part B ICR, EPA estimates that the 91 facilities discussed above would no longer be required to complete and submit a Part B permit application. There are numerous capital and O& M costs associated with Part B permit applications ( e. g., laboratory fees for sampling and analysis).

6( e) BOTTOM LINE BURDEN HOURS AND COST ( i) Respondent Tally EPA presents the total annual respondent burden and cost for all paperwork associated with the rule in Exhibits 5 and 6. Exhibit 6 also includes burden and cost savings under the existing ICRs. As shown in Exhibit 6, EPA estimates that the rule results in a total annual burden savings of approximately 30,825 hours and an annual cost savings of approximately $ 3,214,993. The bottom line burden savings over the three year period covered by this ICR is approximately 92,475 hours, at a cost savings of approximately $ 9,644,979.

( ii) Agency Tally Exhibit 7 presents the total annual Agency burden and costs associated with the rule. EPA estimates an annual Agency burden of 135 hours and a cost of $ 4,957. The bottom line burden over the three year period covered by this ICR is approximately 405 hours and $ 14,871. 21 6( f) REASONS FOR CHANGE IN BURDEN The final rule adds some new information collection requirements to RCRA to ensure that the exempt waste is managed and disposed of in a manner that is protective of human health and the environment. The rule relieves claimants of the exemptions from certain existing RCRA requirements and, as such, reflects an adjustment in the current burden and cost for the affected ICRs.

6( g) BURDEN STATEMENT STORAGE AND TREATMENT CONDITIONAL EXEMPTION The total public burden associated with this exemption is estimated to average 3.5 hours per respondent annually. The annual reporting burden is estimated to average 1.9 hours per respondent, and includes time for reading the regulations and preparing and submitting notifications. The annual record keeping burden is estimated to average 1.6 hours per respondent and includes the time for recording the results of inventories and inspections and maintaining records pertaining to the mixed waste exemption.

TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION The total public burden associated with this exemption is estimated to average 3.9 hours per respondent annually. The annual reporting burden is estimated to average 2.9 hours per respondent, and includes time for reading the regulations and preparing and submitting notifications. The annual record keeping burden is estimated to average 1.0 hours per respondent and includes the time for maintaining records pertaining to the mixed waste exemption.

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

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Avenue, N. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence. 22 23 EXHIBIT 1 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST STORAGE AND TREATMENT CONDITIONAL EXEMPTION Total Hours and Costs 111.00 $ 79.00 $ 59.00 $ 30.00 $

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 111.00/ $ 79.00/ $ 59.00/ $ 30.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year Year Reading the Regulations Read the regulations 0.50 0.50 2.00  3.00 213.00 $

$

$ 277 831 $ 59,001 Storage and Treatment Conditional Exemption and Eligibility Prepare and submit notification of intent to claim exemption ( 266.230( a)) 0.10 0.25 1.00 0.25 1.60 97.35 $

$ 3.00 $ 277 443 $ 27,797 Prepare certification that facility personnel have been appropriately trained ( 266.230( b)( 3))  0.08 0.17  0.25 16.35 $

$

$ 277 69 $ 4,529 Inventory conditionally exempt LLMW and record findings ( annually) ( 266.230( b)( 4))   0.08  0.08 4.72 $

$

$ 831 66 $ 3,922 Conduct compliance inspections of conditionally exempt LLMW and record findings ( quarterly) ( 266.230( b)( 4))   0.08  0.08 4.72 $

$

$ 3,324 266 $ 15,689 Maintain emergency contingency plan on site and provide it to local authorities ( 266.230( b)( 5))    0.10 0.10 3.00 $

$ 1.00 $ 831 83 $ 3,324 Loss of Conditional Exemption Prepare and submit written notification of exemption loss ( 266.240( a)( 1))  0.25 1.50 0.25 2.00 115.75 $

$ 6.00 $ 42 84 $ 5,114 Inform EPA Region or the Authorized State orally of exemption loss with a follow up written notification in cases of endangerment to human health or the environment ( 266.240( a)( 2))  0.25 0.50  0.75 49.25 $

$ 5.00 $   $ 0 Prepare and submit notice reclaiming the exemption for LLMW ( 266.245( a))  0.25 4.00 0.75 5.00 278.25 $

$ 3.00 $ 42 210 $ 11,813 Record Keeping Maintain and update records of notifications, return receipts,

failure report( s), inventories, inspections, certifications, and emergency plans ( 266.250)    1.00 1.00 30.00 $

$ 1.00 $ 831 831 $ 25,761 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies 6,732 2,883 $ 156,950 Hours and Costs Per Respondent Per Activity 24 EXHIBIT 3 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL ESTIMATED ANNUAL AGENCY BURDEN AND COST STORAGE AND TREATMENT CONDITIONAL EXEMPTION Total Hours and Costs 69.49 $ 61.31 $ 44.11 $ 18.82 $

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 69.49/ $ 61.31/ $ 44.11/ $ 18.82/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year Year Storage and Treatment Conditional Exemption and Eligibility Review notification of intent to claim exemption ( 266.230( a))   0.25 0.10 0.35 12.91 $

$

$ 277 97 $ 3,576 Loss of Conditional Exemption Review written notification of exemption loss ( 266.240( a)( 1))   0.25 0.10 0.35 12.91 $

$

$ 42 15 $ 542 Receive and review oral and follow up notification if failure endangers human health or the environment ( 266.240( a)( 2))   0.50 0.10 0.60 23.94 $

$

$   $ 0 Review application for reinstatement of exemption ( 266.245)   0.25 0.10 0.35 12.91 $

$

$ 42 15 $ 542 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies 361 127 $ 4,660 Hours and Costs Per Respondent Per Activity EXHIBIT 2 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION Total Hours and Costs 111.00 $ 79.00 $ 59.00 $ 30.00 $

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 111.00/ $ 79.00/ $ 59.00/ $ 30.00/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year Year Reading the Regulations Read the regulations 0.50 0.50 2.00  3.00 213.00 $

$

$ 17 51 $ 3,621 Notifications Prepare and submit notification to EPA or the Authorized State ( 266.345( a)) 0.10 0.25 1.00 0.25 1.60 97.35 $

$ 3.00 $ 17 27 $ 1,706 Prepare and submit notification to LLRWDF ( prior to each shipment of exempted waste) ( 266.345( b))   0.25  0.25 14.75 $

$ 3.00 $ 188 47 $ 3,337 Record Keeping Copy and maintain exemption records ( 266.350)    1.00 1.00 30.00 $

$ 1.00 $ 50 50 $ 1,550 Loss of Conditional Exemption Prepare and submit notification of the failure ( 266.355( a)( 1)) 0.10 0.25 1.50 0.25 2.10 126.85 $

$ 3.00 $ 3 6 $ 390 Inform EPA Region or the Authorized State orally of exemption loss with a follow up notification in cases of endangerment to human health or the environment ( 266.355( a)( 2))  0.25 0.50  0.75 49.25 $

$ 5.00 $   $ 0 Prepare and submit the notice for reinstatement ( 266.360( a)( 2))  0.25 4.00 0.75 5.00 278.25 $

$ 3.00 $ 3 15 $ 844 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies 278 196 $ 11,448 Hours and Costs Per Respondent Per Activity 25 EXHIBIT 4 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL ESTIMATED ANNUAL AGENCY BURDEN AND COST TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION Total Hours and Costs 69.49 $ 61.31 $ 44.11 $ 18.82 $

Leg. Mgr. Tech. Cler. Respon. Labor Capital/ Respon. Total Total $ 69.49/ $ 61.31/ $ 44.11/ $ 18.82/ Hours/ Cost/ Startup O & M or Hours/ Cost/

INFORMATION COLLECTION ACTIVITY Hour Hour Hour Hour Year Year Cost Cost Activities Year Year Notifications Review initial notification ( 266.345( a))   0.25 0.10 0.35 12.91 $

$

$ 17 6 $ 219 Loss of Conditional Exemption Review notification of the failure ( 266.355( a)( 1))   0.25 0.10 0.35 12.91 $

$

$ 3 1 $ 39 Receive and review oral and follow up notification if failure endangers human health or the environment ( 266.355( a)( 2))   0.50 0.10 0.60 23.94 $

$

$   $ 0 Review notification of reinstated exemption ( 266.360)   0.25 0.10 0.35 12.91 $

$

$ 3 1 $ 39 Subtotal Varies Varies Varies Varies Varies Varies Varies Varies 23 8 $ 297 Hours and Costs Per Respondent Per Activity EXHIBIT 5 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL TOTAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST SUMMARY Exhibit Title Annual Activities Annual Burden Annual Labor Cost Annual Capital/

Startup Cost Annual O& M Cost Total Annual Cost Exhibit 1 Storage and Treatment Conditional Exemption 6,732 2,883 $ 154,079 $ 0 $ 2,871 $ 156,950 Exhibit 2 Transportation and Disposal Conditional Exemption 278 196 $ 10,765 $ 0 $ 683 $ 11,448 Annual Total 7,010 3,079 $ 164,844 $ 0 $ 3,554 $ 168,398 3 Year Total 21,030 9,237 $ 494,532 $ 0 $ 10,662 $ 505,194 26 EXHIBIT 6 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL TOTAL ESTIMATED ANNUAL RESPONDENT BURDEN AND COST SUMMARY ( INCLUDING BURDEN AND COST SAVINGS ASSOCIATED WITH OTHER ICRS)

ICR Name ICR Number Annual Burden Annual Labor Cost Annual Capital/

Startup Cost Annual O& M Cost Total Annual Cost Manifest 801 ( 291) ($ 11,453) $ 0 ($ 174) ($ 11,627)

Biennial Report 976 NA* NA* NA* NA* NA*

General Facility Standards 1571 ( 14,014) ($ 708,610) $ 0 $ 0 ($ 708,610)

Part B Permit Application, Permit Modifications, and Special Permits 1573 ( 19,599) ($ 1,151,550) ($ 35,037) ($ 1,476,567) ($ 2,663,154)

Storage, Treatment, Transportation and Disposal of Mixed Waste 1922 3,079 $ 164,844 $ 0 $ 3,554 $ 168,398 TOTAL ( 30,825) ($ 1,706,769) ($ 35,037) ($ 1,473,187) ($ 3,214,993)

* Estimates of burden and cost reductions associated with the Biennial Report are not provided due to a lack of available data.

EXHIBIT 7 CONDITIONAL EXEMPTION FOR LOW LEVEL MIXED WASTE STORAGE AND DISPOSAL TOTAL ESTIMATED ANNUAL AGENCY BURDEN AND COST SUMMARY Exhibit Title Annual Activities Annual Burden Annual Labor Cost Annual Capital/

Startup Cost Annual O& M Cost Total Annual Cost Exhibit 3 Storage and Treatment Conditional Exemption 361 127 $ 4,660 $ 0 $ 0 $ 4,660 Exhibit 4 Transportation and Disposal Conditional Exemption 23 8 $ 297 $ 0 $ 0 $ 297 Annual Total 384 135 $ 4,957 $ 0 $ 0 $ 4,957 3 Year Total 1,152 405 $ 14,871 $ 0 $ 0 $ 14,871