1 Supporting Statement For Information Collection Request ( ICR) 801.15 Requirements for Generators, Transporters, & Waste Management Facilities Under the RCRA Hazardous Waste Manifest System 30 December 2004 Prepared by: ICF Consulting Inc. and Mark Eads, Economist USEPA Office of Solid Waste USEPA OSWER ICR 801.15 30 Dec 2004 2 TABLE OF CONTENTS PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. BURDEN SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1A Disaggregate Burden Hour & Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1B National Aggregate Burden Hour & Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. NEED, AUTHORITY & USE FOR THE INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2A Need & Authority to Collect Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2B Practical Utility & Users of the Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. NONDUPLICATION, CONSULTATIONS & OTHER COLLECTION CRITERIA . . . . . . . . . . . . . . . . . . . . . . 7 3A Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3B Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3C Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3D Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3E Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3F Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. UNIVERSE OF AFFECTED RESPONDENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A Economic Sectors & Industries Affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4B Types & Counts of Entities Affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4C Number of Annual RCRA Manifests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. ELEMENTS OF INFORMATION REQUESTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5A Manifest Printer Registrant Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5B Generator Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5C Transporter Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5D Designated TSDF Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6. AGENCY ACTIVITIES, COLLECTION METHODOLOGY & INFORMATION MANAGEMENT . . . . . . . . 29 6A Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6B Collection Methodology & Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6C Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6D Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7. ESTIMATE OF BURDEN HOURS & COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 7A Labor Wage Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 7B Respondent Capital Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 7C Respondent O& M Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 7D Itemized Estimates of National Burden Hours & Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 BURDEN ESTIMATION SPREADSHEETS ( Exhibits 1 to 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 REVISED RCRA MANIFEST FORM ( EPA Form 8700 22 & 8700 22A Continuation Sheet) . . . . . . . . . . . . . . . . . . . . 58 USEPA OSWER ICR 801.15 30 Dec 2004 3 PREFACE ICF Consulting Inc. ( Fairfax, Virginia) prepared an initial 09 April 2004 draft of this document ( 91 pages, Bryan Groce, USEPA OSW HWID worktask manager), based on the ICR content outline provided in USEPA's " ICR Handbook" (" EPA's Guide to Writing Information Collection Requests Under the Paperwork Reduction Act of 1995", revised Feb 1999 & June 2001, 145 pages, http:// www. epa. gov/ wed/ pages/ opportunities/ icrhndbk. pdf). This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, and USEPA's ICR Handbook. To reduce excess reader burden from redundant text content created by adherence to the USEPA ICR Handbook's outline, Mark Eads, OSW Economist, eliminated redundant sections and subsections of text from the April 2004 draft document, by revising the format in deviation from the ICR Handbook outline. Deviation in the format of ICRs is anticipated by USEPA's ICR Handbook:

" This handbook is intended to serve as a comprehensive document, offering guidance on completing ICRs for the entire spectrum of Agency collection activities. Therefore, as you use it, bear in mind that it may go into more detail in certain areas than you need or find helpful... Never let the handbook become an obstacle to preparing your ICR." ( pages I 1 & I 2, PDF file pages 6 & 7 of 145)

The format revisions involved: ° Eliminating subsection 1( a) " Title & Number of the Information Collection" which was a duplicative restatement of the ICR title and ICR number already provided on the title page to this document. ° Eliminating duplicative text in subsection 1( b) " Short Characterization" and subsection 2( a) " Need & Authority for the Collection", by integrating into subsection 4( b) " Information Collected". ° Eliminated subsection 3( e) " General Guidelines" which is duplicative with this Preface. ° Moving subsection 6( g) " Burden Statement" from the end of the April 2004 draft document, to the front of this revised document within Section 1. ° Moving the " Respondent Universe" data from subsection 6( d) " Estimating the Respondent Universe and Total Hour and Cost Burden", to subsection 4( a) " Respondents and SIC/ NAICS Codes". ° Changing section and subsection headings and numbering sequence ( to reflect above changes). ° Reducing font size from 12 to 10, and reducing page margin widths ( to reduce overall page count).

The revised format of this ICR Supporting Statement is also consistent with OMB's October 1995 instructions on the format and information content of Federal agency ICR Supporting Statements ( see PDF page 6 of 7 at: http:// www. whitehouse. gov/ omb/ inforeg/ 83i fill. pdf), which do not prescribe a strict section/ subsection outline as adopted by USEPA's ICR Handbook. In addition, Eads revised the text subsections and computation spreadsheets of this document pertaining to reporting and recordkeeping for hazardous waste import manifests, to update the associated requirements in line with OSW's final rule, compared to the May 2001 proposed rule requirements for import manifests applied as assumptions in the 09 April 2004 draft ICR Supporting Statement. To comment on the Agency's need for this information, the accuracy of the burden estimates provided in this Supporting Statement, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, USEPA has established a public docket for this ICR under Docket ID No. RCRA 2001 0032, which is available for public viewing at the RCRA Docket Center ( EPA/ DC), EPA West Building, Room B102, 1301 Constitution Avenue, NW, Washington DC 20460 ( phone: 202 566 0270). The USEPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m. Monday through Friday, excluding Federal holidays ( phone: 202 566 1744). Internet access to an electronic version of USEPA's Docket is available via the Electronic Docket ( EDOCKET) at http:// www. epa. gov/ edocket. Please use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " Search", then key in the docket ID number identified above. Also you can send comments to the Office of Information and Regulatory Affairs ( OIRA) at the Office of Management and Budget ( OMB) at 725 17th Street, NW, Washington DC 20503, Attention: Desk Officer for USEPA. Please include the USEPA Docket ID number ( RCRA 2001 0032). USEPA OSWER ICR 801.15 30 Dec 2004 4 1. BURDEN SUMMARY 1A. Disaggregate Burden Hour & Cost Table 1 summarizes the estimated average burden hours for reporting and recordkeeping per affected entities ( i. e. registrants, generators, transporters, and TSDFs) under USEPA's final rule revising the RCRA hazardous waste manifest system.

Reporting burden: For generators includes time for reviewing and signing the manifest ( i. e. for generators whose manifests are prepared by TSDFs). May also include time for preparing the entire manifest and submitting an exception report to USEPA. For transporters includes time to carry copies during shipment. For TSDFs includes time for reviewing the manifest at shipment delivery and transmitting a copy to the generator. May also include time for preparing a generator's manifest and submitting a discrepancy report to USEPA.

Recordkeeping burden: For generators includes time reading the regulations once per year and keeping copies of the initial manifest and final manifest received from the TSDF. For LQGs and TSDFs, it may also include time for keeping a copy of an exception report. For transporters and TSDFs, the recordkeeping burden includes time for reading the regulations once per year and keeping a copy of the manifest accompanying the shipment.

Table 1: Summary of Disaggregate Paperwork Burden Hours ( Per Affected Entity Per Waste Shipment)

Respondent Type Reporting Burden ( Hours) Recordkeeping Burden ( Hours) Row Total Burden ( Hours)

1 Manifest printer registrants 1.72  2.42 1.25 2.97  3.67 2 Hazardous Waste Generators Large Quantity Generators ( LQGs) 0.04  1.84 1.45  1.55 1.49  3.39 TSDFs acting as generators 0.54  1.87 1.45  1.55 1.99  3.42 Small Quantity Generators ( SQGs) 0.04  1.20 1.45 1.49  2.65 3 Transporters 0.17  2.80 1.42 1.59  4.22 4 Designated TSDFs 0.44  1.42 1.42  1.59 1.86  3.01 1B. National Aggregate Burden Hour & Cost National aggregate respondent and Agency burden hour and associated costs are summarized below, as estimated in spreadsheet Exhibits 1 to 20 provided as an appendix to this document. Cumulative burden hours and costs are based on a 3 year time span over which the ICR is effective, and over which USEPA averaged burden and cost estimates. Therefore, cumulative burden is equal to annual burden estimates multiplied by three.

Respondent Burden ( Exhibits 1 to 18): 3.27 million hours at an average annual cost of $ 153.0 million, including $ 846,000 per year capital cost and $ 1.81 million per year O& M cost. Cumulative burden to respondents over three years is 9.81 million hours at a cost of $ 459.0 million.

Agency Burden ( Exhibit 19): About 8,000 hours at an average annual cost of $ 0.3 million. Cumulative burden to the Agency over three years is about 24,000 hours at a cost of $ 0.9 million.

Total Burden ( Respondents + Agency): 3.28 million hours at an average annual cost of $ 153.3 million. Cumulative total burden over three years is 9.83 million hours at a cost of $ 459.9 million.

Change in Burden ( Exhibit 20): The Supporting Statement ( 31 Jan 2002, 68 pages) for the previously approved RCRA Manifest ICR 801.14 ( 01 April 2002, http:// www. epa. gov/ icr/ icrs/ 0801_ 14. html), estimated an annual burden of 3.62 million hours ( respondents + Agency). In comparison, ICR 801.15 which replaces ICR 801.14, USEPA OSWER ICR 801.15 30 Dec 2004 5 estimates an annual burden of 3.28 million hours, which represents a reduction of 0.34 million annual hours compared to ICR 801.14. USEPA OSWER ICR 801.15 30 Dec 2004 1 USEPA intended the manifest to serve three primary purposes: ( 1) to serve as a tracking device which creates clear lines of accountability among the participants in the hazardous waste systems; ( 2) to serve, together with other USEPA and USDOT requirements, to protect human health and the environment during the transportation of hazardous waste by providing information on the waste to persons handling the waste and to emergency response personnel; and ( 3) to provide the principal basis for USEPA's recordkeeping and reporting requirements.

2 Pursuant to the 1995 Paperwork Reduction Act, this ICR examines only Federal information collection requirements. It does not address State requirements ( e. g., State optional elements of the manifest, or manifest burden associated with state only regulated hazardous wastes).

3 This ICR examines the paperwork requirements and average annualized respondent burden during the next three years, under the RCRA manifest system, as amended by USEPA's final rule establishing the revised manifest form. USEPA acknowledges that, during the first 18 months after publication of the final rule establishing the new manifest, the existing manifest will be in use. After this phase out period, the revised manifest form and requirements must be used. The final rule adds new paperwork activities to the existing Federal program and does not eliminate any. Hence, this ICR captures all of the existing Federal manifest requirements, as well as the new requirements that will be phased in 18 months after rule publication, but this ICR does not capture the final rule's burden reduction on respondents from elimination of state government datafields from the manifest form.

6 2. NEED, AUTHORITY & USE FOR THE INFORMATION 2A. Need & Authority to Collect Information This ICR 801.15 is a final rule ICR for USEPA's RCRA hazardous waste manifest system, but at the same it is renewing the existing information collection ( ICR nr. 801.14) for a three year extension, thereby superseding and replacing the existing ICR. EPA's authority to require use of a hazardous waste manifest system stems primarily from Section 3002( a)( 5) of the 1976 Resource Conservation and Recovery Act ( RCRA) ( See also RCRA Sections 3003( a)( 3) and 3004.) Regulations are found in 40 CFR 262 ( registrant organizations and generators), 40 CFR 263 ( transporters), and 40 CFR 264 & 265 ( TSDFs). Section 3002( a)( 5) of RCRA, as amended, directs the US Environmental Protection Agency ( EPA) to:

"... establish requirements respecting... use of a manifest system and any other reasonable means necessary to assure that all such hazardous waste generated is designated for treatment, storage, or disposal, and arrives at treatment, storage, or disposal facilities... for which a permit has been issued..."

Under this authority, USEPA published regulations for a manifest system on February 26, 1980 ( 45 Federal Register 12724). 1 USEPA established requirements for manifest completion, transmittal, and recordkeeping for hazardous waste generators at 40 CFR 262 subpart B, for transporters at 40 CFR 263 subpart B, and for treatment, storage, and disposal facilities ( TSDFs) at 40 CFR 264 & 265 subpart E. In 1984, USEPA published the Uniform Hazardous Waste Manifest, which consisted of a Federally required portion ( i. e., Federally required data elements in Blocks 1 20) and a State optional portion ( i. e., Blocks A K on the manifest reserved for optional State use). 2 In 2005, USEPA finalized modifications to the RCRA manifest system to minimize unnecessary paperwork burden on hazardous waste handlers resulting from variable State manifest data requirements, and to address other stakeholderrequested improvements to the manifest system. USEPA proposed these modifications on 22 May 2001 ( http:// www. epa. gov/ epaoswer/ hazwaste/ gener/ manifest/ mods. htm). Specifically, USEPA has eliminated the State optional blocks from EPA's RCRA manifest form ( EPA Form 8700 22 & 8700 22A continuation sheet), and made the manifest form completely uniform. USEPA has also established special tracking procedures for international hazardous waste shipments ( i. e. exports/ imports), rejected waste loads, and waste container residues. In addition, USEPA has established a RCRA manifest printing registry process at 40 CFR 262.21. Under these regulations, any organization ( e. g., waste handler, commercial printer, State agency) can register with USEPA to print RCRA manifests. Members of the public can only obtain blank manifest forms from these registered sources. Manifest users must use the newly revised manifest 18 months after publication of the final rule in the Federal Register. 3 2B. Practical Utility & Users of the Information ( a) USEPA Registry of Approved Manifest Printers In regard to the USEPA registry, USEPA will review the initial application from each registrant to: ( 1) ascertain basic organizational information ( e. g., name and address of organization); ( 2) determine if the registrant's proposed suffix is unique; ( 3) evaluate the qualifications of the printing company; USEPA OSWER ICR 801.15 30 Dec 2004 7 ( 4) understand how the registrant intends to print, use, and distribute the forms; and ( 5) review the registrant's proposed controls, and establish additional controls as needed, to ensure that the registrant tightly controls its tracking numbers and prints a quality manifest.

EPA will review the registrant's form samples to: ( 1) evaluate the competence of the registrant to print the manifest; ( 2) evaluate if the registrant's form satisfies the print requirements of 40 CFR 262.21( f) ( e. g., by visually examining the samples and writing on them to see if they convey handwritten imprints legibly from copy to copy, as required under 40 CFR 262.21( f)( 5)); and ( 3) ascertain the paper type, paper weight, ink color of the instructions, and binding method of the registrant's form.

If the registrant is approved to print the form, the registrant must print the form according to the paper type, paper weight, ink color, and binding method of its approved samples.

( b) Manifest Procedures In regard to the manifest procedures, generators, transporters, and designated TSDFs handling hazardous waste are required to complete the data requirements for manifests and other reports primarily to: ( 1) track each shipment of hazardous waste from the generator to a designated facility; ( 2) provide information requirements sufficient to allow the use of a manifest in lieu of a USDOT shipping paper or bill of lading, thereby reducing the duplication of paperwork to the regulated community; ( 3) provide information to transporters and waste management facility workers on the hazardous nature of the waste; ( 4) inform emergency response teams of the waste's hazard in the event of an accident, spill, or leak; and ( 5) ensure that shipments of hazardous waste are managed properly and delivered to their designated facilities.

Although the generators, transporters, TSDFs, and emergency response teams ( in the case of accidents) are the primary users of these records, USEPA may review these documents during a facility inspection to make sure proper records are being kept and regulations are complied with. USEPA also reviews and responds to exception reports, discrepancy reports, and unmanifested waste reports. USEPA OSWER ICR 801.15 30 Dec 2004 4 Any person who offers a hazardous material for transportation in commerce must describe the hazardous material on a USDOT shipping paper in the manner required in 49 CFR 172 subpart C. A shipping paper includes    a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and containing the information required by 49 CFR 172.202, 172.203 & 172.204.'' 49 CFR 171.8 provides a definition of    shipping paper''. 49 CFR 172.205( h) states that an USEPA RCRA hazardous waste manifest ( EPA Form 8700 22)    may be used as the shipping paper'' if it contains all the information required by 49 CFR 172 subpart C.

8 3. NONDUPLICATION, CONSULTATIONS & OTHER COLLECTION CRITERIA 3A. Nonduplication No document identical or similar in purpose to the manifest is required by the Federal government for the shipment of RCRA hazardous waste. Although a USDOT hazardous materials shipping paper4 contains most of the information contained on the manifest, it does not appear to be legally sufficient to track hazardous waste shipments from the generator to the designated facility ( i. e. from " cradle to grave"). For example, USDOT's shipping paper does not require USEPA ID numbers and signatures of the transporters and all other chain of custody entities involved in shipping or handling the hazardous waste. USEPA requires such signatures and identification numbers on the manifest to ensure accountability of each waste handler during shipment of the hazardous waste. Also, since USEPA coordinated the development of the manifest with USDOT, the manifest form can be used as a USDOT shipping paper, thus eliminating the need for the transporter to carry both documents. Furthermore, the manifest form was developed as a means of standardizing the information requirements, both Federal and State, thereby eliminating the need for a generator to complete and a transporter to carry multiple manifests for interstate shipments.

3B. Public Notice In compliance with the Paperwork Reduction Act of 1995, USEPA issued a public notice in the Federal Register on May 22, 2001 ( 66 Federal Register 28240) proposing to revise the Uniform Hazardous Waste Manifest regulations and the manifest form ( USEPA Forms 8700 22 & 8700 22A), used to track the offsite shipment of hazardous wastes from generators to site of ultimate disposition. USEPA received 66 public comments in response to the May 2001 proposed rule. USEPA reviewed and addressed these public comments in preparing the final rule and background documents, including this ICR.

3C. Consultations 1985: Manifest officials in several State environmental agencies formed an International Hazardous Waste Manifest Coordinators Group ( IHWMCG) to address manifesting issues and to increase uniformity among State manifest programs. 1988: The IHWMCG served on the Association of State and Territorial Solid Waste Management Officials ( ASTSWMO) Manifest Revisions Task Force to develop regulatory recommendations to USEPA to increase consistency in the use of the manifest across the country. 1990: The Task Force's recommendations for specific modifications to the Uniform Hazardous Waste Manifest were submitted to USEPA as a rulemaking petition on January 8, 1990. 1992: EPA embarked upon a negotiated rulemaking effort in an attempt to take advantage of the near consensus already reached by States in the ASTSWMO petition. USEPA hoped that solutions could be easily found which would meet the needs of all affected parties. These solutions essentially were based on the consolidation of the current State optional requirements into the Federal portion of the form, and while these changes would have created a more uniform manifest system, they would not have resulted in the kind of decrease in manifest burden the Agency sought. 1994: EPA consulted with waste handlers on average respondent burden hours under the manifest system ( 1994 and 1995). USEPA asked respondents to estimate the average burden hours for completing a manifest, exception report, discrepancy report, and unmanifested waste report. 1996: EPA reestablished an Agency workgroup charged with building upon the best recommendations of the negotiated rulemaking effort, along with better accommodating the Agency's burden reduction goals. 1998: EPA held forums with State and industry representatives and other interested parties to discuss the Agency's initiatives to reduce regulatory burdens under the manifest system. 1999: Furthermore, USEPA contacted State manifest programs regarding the number of manifests originating in their State and one TSDF regarding its activities in reconciling manifest discrepancies. USEPA OSWER ICR 801.15 30 Dec 2004 9 2003: The majority of burden assumptions in this ICR are based on the pre 2003 outreach efforts. In developing this current ICR, USEPA conducted further, limited outreach to understand the burdens associated with its final rule. Specifically, USEPA collected information on burden associated with the registration process under 40 CFR 262.21 ( the Agency found that registrants will incur approximately $ 500 in developing their form samples) and the rejected waste and container residue provisions at 40 CFR 264.72 & 265.72 ( the Agency found that approximately 3% of shipments received by the designated TSDF are rejected or identified as container residues). The organizations contacted are identified in Table 2 below.

Table 2 List of Organizations Contacted by ICF Consulting Inc in 2003 on Behalf of USEPA OSW to Obtain Supplemental Data on Burden Assumptions for this ICR Supporting Statement Name of Organization Name of Contact Person Telephone Number 1 Budget Printers Mike Gordon ( 800) 800 2138 2 California Office of State Printing Noel Soliz ( 916) 322 2373 3 Environmental Technology Council Scott Slesinger ( 202) 783 0870 4 Label Master Jeanne Zmick ( 773) 279 2303 5 LRD Systems & Forms Dar Sheply ( 815) 338 6620 6 Moore Wallace Darrel Drennan ( 210) 732 6221 7 NCR Corporation Chris Kaderli ( 512) 248 2593 8 Standard Register Mike Lyons ( 630) 719 1910 ext. 234 9 Webb Mason Timothy Maderas ( 888) 926 2766 ext. 1361 3D. Effects of Less Frequent Collection USEPA requires registrants to submit an initial application to USEPA under 40 CFR 262.21( b) and form samples and descriptions under 40 CFR 262.21( d). These are one time submittals. Registrants need not submit any other application information under 40 CFR 262.21( b) or ( d), except if USEPA requests changes or has questions. If USEPA did not receive these submittals, USEPA would not be able to determine if the registrant: ° will tightly control its manifest tracking numbers to ensure that each number pre printed on the manifest is unique; ° will use appropriate quality control measures to print a quality manifest consistently; and ° is competent to print the manifest. USEPA also would not have any way to determine if the registrant's manifest satisfies the print requirements at 40 CFR 262.21( f). USEPA needs to visually examine the samples ( e. g., to determine if it has acceptable copy to copy registration; if the instructions on the back of the copies do not bleed through; if the binding method is adequate; if the paper weight and paper type are adequate to convey handwritten imprints copy to copy). An approved registrant need not re submit information to the Agency, unless it: ° updates its initial application approved under 40 CFR 262.21( c) ° wants a new suffix ° seeks to change the paper type, paper weight, ink color of the instructions, or binding method of its approved forms ° seeks to change the printing company. In regard to updates to the application, USEPA needs to learn about any updates. For example, if the name or address of the registrant changes, USEPA must be informed of this. If the registrant updates its quality control methods, USEPA must be apprised so it can evaluate the updated methods and require modifications if needed. Less frequent information submittal would not allow USEPA to learn about these important updates and ensure they are appropriate. USEPA OSWER ICR 801.15 30 Dec 2004 10 In regard to requests for a new suffix, USEPA needs to evaluate the registrant's proposed new suffix to ensure it is unique. Each registrant must generate its unique manifest tracking numbers using its unique suffix. If registrants do not submit a request to USEPA for a new suffix, USEPA will not have a way to ensure that a registrant's new suffix is unique. In regard to changes to the paper type, paper weight, ink color, or binding method or changes to the approved printer, USEPA must evaluate the form to determine if it satisfies the print requirements of 40 CFR 262.21( f). After they are approved to print the form, for example, some registrants might seek to change their paper type to a lesser grade, which may not effectively convey impressions copy to copy. Less frequent information submittal would not allow USEPA to evaluate changes to these key aspects of the registrant's form. In regard to the manifest requirements, USEPA does not collect manifests under normal situations, but requires instead preparation of the manifest, use of the manifest during transportation, and recordkeeping of the manifests for a 3 year period. Manifests are only collected by USEPA either to accompany an exception or discrepancy report or in the case of an export. In addition, since the manifest is required to accompany all shipments of hazardous waste when shipped off site by the generator, less frequent preparation is not possible. The frequency of off site shipment is determined by the generator and depends on: ° the quantities of waste to be shipped as they impact the economies of shipment ° transporter scheduling ° the applicable regulatory requirements. The present system gives the generator the opportunity to maximize the economies of off site shipments by selecting a shipping frequency that is appropriate for the rate of waste generation. Further, by requiring a manifest to accompany each shipment, USEPA ensures the manifest is available in the case of a discharge of hazardous waste during transportation. Information on the manifest could be useful to emergency response personnel responding to the scene. In this regard, less frequent manifesting could result in a less expedient or protective response to the release. Note, however, that USEPA provides a manifest exemption at 40 CFR 262.20( e) and ( f) for specified types of shipments, as appropriate. Under 40 CFR 262.20( e), small quantity generators ( SQGs), or those generators who generate between 100 and 1,000 kilograms/ month of hazardous waste, can be exempt from manifest requirements if the waste is reclaimed under a contractual agreement that specifies the type of waste and frequency of shipments; the transporting vehicle is owned and operated by the reclaimer; and the generator retains a copy of the reclamation agreement for three years after termination or expiration of the agreement. Under 40 CFR 262.20( f), generators who transport hazardous wastes on a public or private right of way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right of way, are exempt from manifesting requirements.

3E. Confidentiality Section 3007( b) of RCRA and 40 CFR 2 subpart B, which define USEPA's general policy on the public disclosure of information, contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the information collection requirements covered in this ICR. If such a claim was asserted, USEPA must and will manage that information in accordance with the regulations cited above.

3F. Sensitive Questions No questions of a sensitive nature are included in any of the information collection requirements. USEPA OSWER ICR 801.15 30 Dec 2004 5 Memorandum to Bryan Groce, USEPA OSW HWID entitled " Preliminary Draft Cost Estimate for the Manifest Registry System," 24 Feb 2003.

6 Ibid.

11 4. UNIVERSE OF AFFECTED RESPONDENTS 4A. Economic Sectors & Industries Affected Table 3 below presents a list of Standard Industrial Classification ( SIC) codes and corresponding North American Industry Classification System ( NAICS) codes associated with the industries most likely affected by this ICR.

Table 3 List of Economic Sectors With Industries Affected by the Paperwork Requirements of this ICR Item Industrial Sector SIC Code( s) NAICS Code( s)

1 Agriculture, Forestry, Fishing, and Hunting 01 09 11 2 Mining 10 14 21 3 Utilities 49 22 4 Construction 15 17 23 5 Manufacturing 20 39 31 33 6 Wholesale Trade 50 51 42 7 Retail Trade 52 59 44 45 8 Transportation and Warehousing 40 47 48 49 9 Information 27, 48, 73 ( partial), 78 51 10 Waste Management & Remediation Services 1799, 4953, 4959 562 11 Public Administration 91 97 92 4B. Types & Count of Entities Affected There are basically five categories of entities affected by the respondent activities required for each information collection element discussed in this ICR: ° Registrant organizations ( manifest printer registry) ° Hazardous waste generators which ship hazardous waste offsite ° Hazardous waste transporters ° Hazardous waste TSDFs ( treatment, storage, disposal facilities) which receive offsite shipments ° Agency ( i. e. Federal RCRA authorized state government programs, and USEPA regional offices, and USEPA headquarters)

( 4B. 1) Registrant Organizations As displayed in Table 4, USEPA estimates that 40 entities will apply to USEPA's manifest printing registry during the first two years covered by this ICR. 5 This includes the roughly 20 States that currently print the manifest and 20 TSDFs or large generators. In addition, USEPA used its best judgment to estimate that the Agency will receive two new applications in the third year covered by this ICR. 6 Thus, USEPA estimates that, on average, 14 registrant organizations will be subject to the requirements in 40 CFR 262.21 over the 3 year period covered by this ICR. USEPA OSWER ICR 801.15 30 Dec 2004 7 To determine the number of LQGs and TSDFs shipping hazardous waste off site, USEPA used information from the Waste Generation and Management ( GM) Form and the RCRA Subtitle C Site Identification ( Site ID) Form of the 2001 BRS. USEPA then eliminated facilities operated by the Federal government ( i. e., government owned, government operated facilities ( GOGOs) and privately owned, government operated facilities ( POGOs)).

8 These percentages are based on an analysis of prior year data on TSDFs contained in USEPA's Office of Solid Waste RCRA Hazardous Waste Biennial Report database ( http:// www. epa. gov/ epaoswer/ hazwaste/ data/ biennialreport/ index. htm).

9 ICF Consulting Inc collected data used in this analysis from USEPA's Office of Solid Waste RCRAInfo database during 07 14 Nov 2003 ( http:// www. epa. gov/ epaoswer/ hazwaste/ data/ index. htm# rcra info).

10 In estimating the number of SQGs that shipped hazardous waste off site, USEPA used the methodology approved by USEPA's Office of Solid Waste in 2000. For a description of this methodology, refer to the following memoranda: ( 1) Memorandum from ICF Consulting Inc. to Patricia Mercer, USEPA, " Report on the Estimation of Small Quantity Generator Universe," 19 Jan 2000 and ( 2) Memorandum from ICF to Peggy Vyas, USEPA, " SQG Up Date," 31 July 2000.

11 The estimate does not include facilities operated by the Federal government ( i. e., GOGOs or POGOs).

12 Based on data in USEPA OSW's " Economics Background Document" developed for this final rulemaking.

13 The estimate does not include facilities operated by the Federal government ( i. e., GOGOs or POGOs).

12 Table 4 Estimated Number of Registrant Organizations Subject to 40 CFR 262.2 EPA Manifest Printing Registry Year 1 Year 2 Year 3 Average Number of registry applicants 20 20 2 14 ( 4B. 2) Waste Handlers For purposes of estimating respondent burden, it is appropriate to distinguish between LQGs that generate but do not manage hazardous waste onsite, versus LQGs that both generate and manage ( i. e., treat, store, or dispose of) hazardous waste on site. Specifically, USEPA has found differences between these two groups in their manifesting practices and number of outbound shipments. Based on USEPA OSW's 2001 RCRA Hazardous Waste Biennial Report ( BR) data ( http:// www. epa. gov/ epaoswer/ hazwaste/ data/ brs01/ national. pdf), USEPA estimates that 17,462 LQGs in the US generate but do not manage hazardous waste ( these sites are referred to simply as " LQGs" in this ICR.) In addition, 2001 BR data indicate that 1,209 sites in the US both generate and manage hazardous waste onsite and hence qualify as TSDFs. 7 ( This ICR refers to these 1,209 sites as " TSDFs acting as generators.") EPA estimates that, of the 1,209 TSDFs acting as generators, approximately 25% are commercial TSDFs ( 302) and 75% are captive TSDFs ( 907). 8 USEPA defines a commercial TSDF as a facility whose waste management capacity is available to any generators or facilities for commercial hazardous waste management, or to a limited group of generators or facilities for commercial hazardous waste management. A captive TSDF is a facility that receives hazardous waste from on site sources only, or from on site sources and off site sources that are part of its same company only. USEPA estimates there are significant differences between commercial and captive TSDFs regarding waste volumes managed and number of manifests completed, and thus, the Agency has chosen to examine their manifest preparation burdens separately in this ICR.

To determine the number of SQGs that ship hazardous waste off site each year, USEPA performed an in depth analysis of data from the 2001 BR and data from other USEPA information collection instruments ( e. g., 3010 Notification). 9 Based on this analysis, USEPA estimates that 113,132 SQGs ship hazardous waste off site each year and are subject to the manifest system. 10, 11 In addition, there are 414 hazardous waste transporter companies subject to the manifest system. 12 Finally, USEPA referred to 2001 BR data to estimate that, each year, 581 TSDFs receive hazardous waste from off site. 13 Table 5 summarizes the number of waste handlers subject to manifesting requirements each year. USEPA OSWER ICR 801.15 30 Dec 2004 13 Table 5 Annual Number of Waste Handlers Subject to Manifesting System Type of Waste Handler Number of Waste Handlers 1 Generators LQGs 17,462 a Commercial TSDFs 302 b Captive TSDFs 907 b SQGs 113,132 a Subtotal 131,803 2 Transporters 414 3 Designated TSDFs (" receiving facilities") 581b a Includes sites that generate hazardous waste but do not manage it onsite under a permit. b Many TSDFs acting as generators may also qualify as designated TSDFs. Hence, the number of designated TSDFs and TSDFs acting as generators are not additive.

4C. Number of Annual RCRA Manifests ( 4C. 1) Number of Manifests that Accompany Shipments Initiated by the Generator This ICR addresses the RCRA manifesting requirements for three types of hazardous waste shipments estimated in Table 6: ° Domestic shipments of hazardous waste ( i. e. shipments originating and terminating within the US) ° Import shipments ( i. e. shipments received from a foreign country and shipped within the US) ° Export shipments subject to 40 CFR 262 subpart E ( i. e. exports from the US to non designated members of the Organization for Economic Cooperation and Development ( OECD), as identified at 40 CFR 262.58( a)( 1)). [ Note: this ICR does not include manifest burden for waste exports to designated OECD countries.]

Table 6 Estimated Annual Number of Manifests Completed by Hazardous Waste Generators: Domestic Shipments + Export Shipments to Non Designated OECD Countries Type of Generator Number of Generators that Manifest Average Annual Number of Manifests Completed per Generator* Annual Number of Manifests Completed LQGs 17,462 46 795,219 Commercial TSDFs 302 347 104,926 Captive TSDFs 907 36 32,325 SQGs** 93,132** 9 829,806 Total 111,803 16 1,762,276 * These numbers are rounded. ** Of the 113,132 SQGs shipping hazardous waste off site each year, USEPA estimates that 93,132 must prepare and transmit a manifest with their off site shipments and the remaining 20,000 operate under a reclamation agreement ( based on consultations with industry in Sept 2003). As provided under 40 CFR 262.20( e), these 20,000 SQGs need not undertake any manifesting activities for their hazardous waste shipments to the recycling facility.

Table 7 breaks down the annual number of manifests that accompany domestic shipments, import shipments, and export shipments to non designated OECD countries. Based on USEPA consultations, as well as data compiled by USEPA's Office of Enforcement and Compliance Assurance ( OECA), USEPA estimates that 1,725,143 manifests accompany domestic shipments of hazardous waste and 19,509 manifests accompany export shipments to non designated OECD countries each year, including Mexico and Canada. In addition, USEPA has used its best judgment to estimate that 17,624 manifests are prepared each year by transporters for imported hazardous wastes at point of entry into the US and all are received by commercial TSDFs ( i. e. " receiving facilities"), which represents 1% of total annual manifests. USEPA OSWER ICR 801.15 30 Dec 2004 14 Table 7 Estimated Total Annual Number of Manifests Completed for Domestic Shipments, Import Shipments, and Export Shipments to Non Designated OECD Countries Type of Generator Total Number of Manifests Completed/ Year Domestic Shipments Import Shipments Export Shipments to Non Designated OECD Counties a All Shipments LQGs 786,050 0 9,169 795,219 Commercial TSDFs 85,741 17,624 1,561 104,926 Captive TSDFs 31,740 0 585 32,325 SQGs 821,612 0 8,194 829,806 Total 1,725,143 17,624 19,509 1,762,276 a Includes Mexico and Canada.

( 4C. 2) Number of Manifests that Accompany Shipments Rejected by the Designated TSDF EPA estimates that each manifest completed and sent off site by a generator ( 1,762,276) will be delivered to the designated TSDF, minus those manifests accompanying export shipments ( 19,509 manifests) or lost during transport ( 173 manifests), plus import manifests ( 17,624). Hence, USEPA estimates that 1,760,218 manifests will be delivered to the designated TSDF. USEPA estimates that 3% ( 58,674) will be rejected. Table 8 presents the number of manifests accompanying shipments that are rejected or for which a container residue is identified by the TSDF. USEPA estimates that 50% of these problem shipments ( 29,337) involve partially rejected loads or container residues identified after the transporter has left the TSDF's premises. USEPA estimates that 99% of these shipments will be sent to the alternate TSDF and 1% will be sent back to the generator. A new manifest must be prepared to send these shipments to the alternate TSDF or generator. EPA estimates that the remaining 50% of these problem shipments ( 29,337) involve fully rejected loads or container residues identified while the transporter is still on the TSDFs' premises. USEPA estimates that 99% of these shipments will be sent to the alternate TSDF and 1% will be sent back to the generator. The original manifest may be used to send these shipments to the alternate TSDF or generator.

Table 8 Total Annual Number of Manifests that Accompany Rejected Loads and Container Residues a Type of Shipment Estimated Annual Number of Manifests New Manifests that Accompany Rejected Shipments or Container Residues Shipments sent back to generator ( 1%) 293 Shipments sent to alternate TSDF ( 99%) 29,044 Subtotal 29,337 Original Manifests that Accompany Rejected Shipments or Container Residues Shipments sent back to generator ( 1%) 293 Shipments sent to alternate TSDF ( 99%) 29,044 Subtotal 29,337 Total 58,674 a Table contains rounding error. USEPA OSWER ICR 801.15 30 Dec 2004 15 5. ELEMENTS OF INFORMATION COLLECTED 5A. Manifest Printer Registrant Requirements ( a) Applying to the Registry 40 CFR 262.21( a) provides that a person may not print the manifest for use or distribution unless his/ her organization ( e. g., company, State agency) has received approval from USEPA to do so under 40 CFR 262.21( c) and ( e). In order to receive USEPA approval, a registrant must submit to USEPA an application that contains the information specified in 40 CFR 262.21( b). Upon USEPA approval of the application, the registrant must submit three fully assembled manifests and, if needed, continuation sheets that meet the specifications of 40 CFR 262.21( f) and a description of the form samples, as specified in 40 CFR 262.21( d). In reviewing these submittals, USEPA may request modification to them before approval. In developing the registry process, USEPA performed thorough consultation with waste handlers, commercial printers, and States and concluded that it is imperative for USEPA to evaluate the printing capabilities and form samples of registrants. Although many commercial printers have developed an expertise in multi forms printing ( the final rule requires RCRA manifests to be printed on a six copy form), USEPA expects that certain prospective registrants will not have such expertise. Printing the manifest requires some degree of sophistication and expertise in order to consistently satisfy the performance requirements at 40 CFR 262.21( f). For example, registrants must design their manifest so that handwritten and typed imprints are legible on all six copies, the manifest instructions do not bleed through the front of the copies, and the binding of copies is reasonably secure. Although USEPA intends to post print guidance on the web, significant discretion will be left to the registrant to determine the appropriate paper type, paper weight, ink color of the instructions, and binding methods that will satisfy the print specifications. Because of this, it is essential that the registry review samples of their forms to determine if they comply with the print specifications, e. g., to evaluate the samples to see if they comply with the performance requirements. In addition, USEPA and the States are keenly interested in making sure that manifest tracking numbers pre printed on forms are tightly controlled and remain unique. One of the highest priorities of the registry is ensuring that each manifest used or distributed to the pubic has a unique tracking number. Because USEPA will allow registrants to pre print numbers onto their manifests without any ongoing Agency oversight, it is essential that the registry evaluate and approve the registrant's procedures and systems for controlling their tracking numbers, as described in their applications.

Data Items ° An application that contains the following information:  Name and mailing address of registrant.  Name, telephone number, and email address of contact person.  Brief description of registrant's government or business activity.  EPA ID number of the registrant, if applicable.  Description of the scope of the operations that the registrant plans to undertake in printing, distributing, and using its manifests, including:  A description of the printing operation. The description should include an explanation of whether the registrant intends to print its manifests in house or through a separate printing company. If the registrant intends to use a separate printing company to print the manifest on its behalf, the application must identify this printing company and discuss how the registrant will oversee the company. If this includes the use of intermediaries, the role of each must be discussed. The application must provide the name and mailing address of each company. It also must provide the name and telephone number of the contact person at each company.  A description of how the registrant will ensure that its organization and unaffiliated companies, if any, comply with the requirements of 40 CFR 262.21. The application must discuss how the registrant will ensure that a unique manifest tracking number will be pre printed on each manifest. The application must describe the internal control procedures to be followed by the registrant and unaffiliated companies to ensure that numbers are tightly controlled and remain unique. If computer systems or other infrastructure will be used to maintain, track, or assign numbers, these should be indicated. The application must indicate how the printer will pre print a unique number on each form. The application must explain the quality procedures to be followed by each establishment and printing company to ensure that all required print specifications USEPA OSWER ICR 801.15 30 Dec 2004 16 are consistently achieved and that printing violations are identified and corrected at the earliest practicable time.  An indication of whether the registrant intends to use the manifests for its own business operations or to distribute the manifests to a separate company or to the general public ( e. g., for purchase).  A brief description of the qualifications of the company that will print the manifest. The registrant may use readily available information to do so ( e. g., corporate brochures, product samples, customer references, documentation of ISO certification), so long as such information pertains to the establishments or company being proposed to print the manifest.  Proposed unique three letter manifest tracking number suffix. If the registrant is approved to print the manifest, the registrant must use this suffix to pre print a unique manifest tracking number on each manifest.  A signed certification by a duly authorized employee of the registrant that the organizations and companies in its application will comply with the procedures of its approved application and the requirements of 40 CFR 262.21 and that it will notify USEPA of any duplicated manifest tracking numbers on manifests that have been used or distributed to other parties as soon as this becomes known. ° Three fully assembled manifests and, if needed, continuation sheets that meet all of the specifications in 40 CFR 262.21( f). The form samples must be printed by the company that will print the manifest as identified in the application approved under 40 CFR 262.21( c). The registrant need not submit samples of the continuation sheet if the continuation sheet will be printed using the same paper type, paper weight, ink color of the instructions, and binding method as the manifest. ° A description of the manifest samples as follows:  Paper type ( i. e., manufacturer and grade of the manifest paper).  Paper weight of each copy.  Ink color of the manifest's instructions. If screening of the ink was used, the registrant must indicate the extent of the screening.  Method of binding the copies.

Respondent Activities ° Prepare and submit initial application. ° Submit revised initial application to USEPA, if requested. ° Submit three fully assembled manifests and, if needed, continuation sheets and a description of the form samples. ° Submit revised form samples based on USEPA comment on the initial samples, if requested.

( b) Updating General Information in the Approved Application 40 CFR 262.21( h)( 1) provides that, if an approved registrant would like to update any of the information provided in its application ( e. g., to update a company phone number or name of contact person), the registrant must revise the application and submit it to USEPA, along with an indication or explanation of the update, as soon as practicable after the change occurs. USEPA will review and either approve or deny the revision. If the revision is denied, the registrant must respond to the Agency's concerns.

Data Item ° Revised application, along with an indication or explanation of the update.

Respondent Activities ° Revise and submit the application to USEPA, along with an indication or explanation of the update. ° Respond to the Agency's concerns, if applicable.

( c) Requesting Approval for a New Tracking Number Suffix 40 CFR 262.21( h)( 2) provides that, if an approved registrant would like a new tracking number suffix, the registrant must submit a proposed suffix to USEPA, along with the reason for requesting it.

Data Item USEPA OSWER ICR 801.15 30 Dec 2004 17 ° Proposed tracking number suffix, along with the reason for requesting it.

Respondent Activity ° Submit a proposed tracking number suffix, along with the reason for requesting it.

( d) Requesting Approval for Changes to Printing Specifications or Use of a New Printer 40 CFR 262.21( h)( 3) provides that, if a registrant would like to change the paper type, paper weight, ink color of the manifest instructions, or binding method of its manifest or continuation sheet subsequent to approval under 40 CFR 262.21( e), then the registrant must submit three samples of the revised form for USEPA review and approval. If the approved registrant would like to use a new printer, the registrant must submit three manifest samples printed by the new printer, along with a brief description of the printer's qualifications to print the manifest. In reviewing these submittals, USEPA may request modification to them before approval.

Data Items ° Three samples of the manifest form and/ or continuation sheet. ° A brief description of the qualifications of the new printer, if applicable.

Respondent Activity ° Submit three samples of the manifest form and/ or continuation sheet and, if applicable, a brief description of the qualifications of the new printer. ° Submit revised manifest form and/ or continuation sheet samples to USEPA, if requested.

( e) Typesetting the Manifest Form Subsequent to its Approval 40 CFR 262.21( i) provides that, if subsequent to its approval under 40 CFR 262.21( e), a registrant typesets its manifest or continuation sheet instead of using the electronic file of the forms provided by USEPA, it must submit three samples of the manifest or continuation sheet to the registry for approval. The registrant cannot use or distribute its typeset forms until USEPA approves them.

Data Items ° Three samples of the manifest or continuation sheet.

Respondent Activity ° Submit three samples of the manifest or continuation sheet to the registry for approval.

( f) Requesting an Exemption 40 CFR 262.21( j) provides that USEPA may exempt a registrant from the requirement to submit form samples under 40 CFR 262.21( d) or 262.21( h)( 3) if the Agency is persuaded that a separate review of the registrant's forms would serve little purpose in informing an approval decision ( e. g., a registrant certifies that it will print the manifest using the same paper type, paper weight, ink color of the instructions, and binding method of the form samples approved for some other registrant). A registrant may request an exemption from USEPA by indicating why an exemption is warranted.

Data Item ° Documentation indicating why an exemption is warranted.

Respondent Activity ° Submit documentation to USEPA indicating why an exemption is warranted.

( g) Notifying USEPA of a Printing Specification Violation 40 CFR 262.21( k) requires an approved registrant to notify USEPA by phone or email as soon as it becomes aware that it has used or distributed manifests that contain duplicated manifest tracking numbers.

Data Item ° Notification of duplicated manifest tracking numbers. USEPA OSWER ICR 801.15 30 Dec 2004 18 Respondent Activity ° Notify USEPA of duplicated manifest tracking numbers.

( h) Revising the Approved Manifest if Requested by USEPA 40 CFR 262.21( l) provides that, if, subsequent to approval of a registrant under 40 CFR 262.21( e), USEPA becomes aware that the registrant's approved form does not satisfactorily meet the print specifications in 40 CFR 262.21( f), USEPA will contact the registrant and require modifications to the form.

Data Item ° Revised manifest form samples.

Respondent Activity ° Submit revised manifest form samples to USEPA, if requested.

( i) Responding to Suspension and Revocation Procedures 40 CFR 262.21( m) provides that USEPA may suspend and, if necessary, revoke printing privileges if it finds that the registrant: ( i) has deviated from its application approved under 40 CFR 262.21( c) in printing the form; ( ii) has knowingly used or distributed forms that deviate from its approved form samples in regard to paper weight, paper type, ink color of the instructions, or binding method; or ( iii) exhibits a continuing pattern of behavior in using or distributing manifests that contain duplicate manifest tracking numbers. USEPA will send a warning letter to the registrant that specifies the date by which it must come into compliance with the requirements. If the registrant does not come in compliance by the specified date, USEPA will send a second letter notifying the registrant that USEPA has suspended or revoked its printing privileges. An approved registrant must provide information on its printing activities to USEPA if requested.

Data Item ° Information requested by USEPA.

Respondent Activity ° Submit information if requested by USEPA.

5B. Generator Requirements The 1976 RCRA statute, as well as regulations promulgated by USEPA, established the following requirements for hazardous waste generators, and related waste handlers: ° Large Quantity Generators ( LQGs): RCRA, as amended, requires USEPA to establish the " use of a manifest system and any other reasonable means necessary to assure that all such hazardous waste... arrives at" the designated facility ( Section 3002( 5)). On May 19, 1980, USEPA promulgated regulations calling for the use of manifests by generators of greater than 1,000 kilograms/ month of hazardous waste, thereby establishing the manifest system. ° Small Quantity Generators ( SQGs: generators of between 100 and 1,000 kilograms/ month): The Hazardous and Solid Waste Amendments of 1984 ( HSWA) directed USEPA to promulgate standards for the generation, treatment, and disposal of hazardous waste produced by SQGs. In compliance with HSWA, USEPA promulgated regulations on March 24, 1986, that require SQGs to comply with the manifest requirements of 40 CFR 262 subpart B. A SQG can be exempt from the requirements listed in this section when its waste is reclaimed under a contractual agreement and certain other conditions are met. However, the SQG must maintain records of the agreement for at least three years after termination or expiration of the agreement, as required by 40 CFR 262.20( e)( 2). ° Hazardous Waste Exporters: On August 8, 1986, USEPA promulgated regulations relating to the export of hazardous waste out of the US to supplement the 1980 regulations. 40 CFR 262 subpart E sets forth special manifesting requirements that primary exporters must meet in exporting their waste.

( a) Manifest Completion USEPA OSWER ICR 801.15 30 Dec 2004 14 The generator's/ offeror's certification in Item 15 of the manifest form references the waste minimization certification codified at 40 CFR 262.27.

19 40 CFR 262.20 requires generators transporting, or offering for transportation, hazardous waste for off site treatment, storage, or disposal to prepare a manifest ( EPA Form 8700 22) and, if necessary, continuation sheets ( EPA Form 8700 22A). Generators must prepare these forms in accordance with 40 CFR 262.20, 262.23, 262.54, and 262.60, as appropriate, as well as the instructions in the appendix to 40 CFR 262.

Data Items

The generator's USEPA ID or State ID number. ° The total number of pages used to complete the manifest. ° The emergency response phone number. ° The manifest tracking number.

The generator's name and mailing address.

The generator's phone number. ° The generator's site address ( if different than mailing address).

The name and USEPA ID number for transporters.

The designated facility's name and site address. ° The designated facility's phone number.

The USEPA ID number of the designated facility. ° The USDOT description of the waste.

The container description ( number and type).

The total quantity of each waste described.

The unit of measure. ° The waste codes representing the waste.

Special handling instructions and additional information.

The generator's/ offeror's certification. 14 ° For primary exporters only: The primary exporter must prepare the manifest in accordance with 40 CFR 262.20 and 262.23, except as provided under 40 CFR 262.54( a) through ( d):

In lieu of the site name, site address and USEPA ID number of the designated permitted facility, enter the name and site address of the consignee.

In lieu of the name, site address, and USEPA ID number of a permitted alternate facility, enter the name and site address of any alternate consignee.

In the International Shipments Block, check the export box and enter the point of exit ( city and State) from the US. ° For primary importers only: The primary importer must prepare the manifest in accordance with 40 CFR 262.20 & 262.23, except as provided in 40 CFR 262.60( b) and ( d):

In place of the generator's name, address, and USEPA ID number, use the name and address of the foreign generator and the importer's name, address, and USEPA ID number.

In place of the generator's signature on the certification statement, the US importer or his agent must sign and date the certification and obtain the signature of the initial transporter.

In the International Shipment Block, check the import box and enter the point of entry ( city and State) into the US.

Respondent Activities

Complete the manifest for domestic, export, and import shipments.

Complete continuation sheet, if required.

( b) Compliance with State Program Requirements Under 40 CFR 262.21( g)( 2), generators must determine whether the consignment State regulates any additional wastes ( beyond those regulated Federally) as hazardous wastes under its State hazardous waste program. Generators must also determine whether the consignment State or generator State requires the generator to submit any copies of the manifest to these States.

Data Item ° Information provided by the State on its manifest program. USEPA OSWER ICR 801.15 30 Dec 2004 20 Respondent Activities ° Contact the consignment/ generator State if needed and submit any copies of the manifest to these States, as applicable.

( c) Manifest Transmittal and Recordkeeping Generators must transmit and keep records of the manifest in accordance with 40 CFR 262.23, 262.40, 262.44, 262.54 and 262.60, as appropriate.

Data Items

A generator must sign and give copies of the manifest to the transporter along with the hazardous waste in accordance with 40 CFR 262.23( a) & ( b), and retain copies of the manifest in accordance with 40 CFR 262.23( a) & 262.40( a).

For shipments of hazardous waste within the US solely by water ( bulk shipments only), the generator, as required by 40 CFR 262.23( c), must send three copies of the manifest to the owner/ operator of the designated facility or the last water transporter to handle the waste in the US if exported by water.

For rail shipments of hazardous waste within the US which originate at the site of generation, the generator, as required under 40 CFR 262.23( d), must send at least three copies of the manifest to the next non rail transporter, the designated facility, or the last rail transporter to handle the waste in the US if exported by rail. ° Exports: Acknowledgment of Consent: For exports, the primary exporter must provide the transporter with a USEPA Acknowledgment of Consent, and an additional copy of the manifest or shipping papers for delivery to the US Customs official at the point the hazardous waste exits the US, as required by 40 CFR 262.54( h) and ( i). ° Reclamation Agreements: In the event an SQG's waste is reclaimed under a contractual agreement pursuant to 40 CFR 262.20( e)( 1), the SQG must retain the reclamation agreement for at least three years from the date of termination or expiration of the agreement, as required by 40 CFR 262.20( e)( 2).

Respondent Activities

Sign the manifest certification and obtain the signature of the initial transporter and date of acceptance on the manifest in accordance with 40 CFR 262.23( a).

Keep a copy of the manifest and give the remaining copies to the initial transporter, in accordance with 40 CFR 262.23( a) & ( b).

Keep a copy of the manifest returned from the designated facility for at least three years from the date the waste was accepted by the initial waste transporter, in accordance with 40 CFR 262.40( a) or 262.44( a).

For shipments solely by water, send three copies of the manifest, dated and signed in accordance with 40 CFR 262.23( a), to the designated facility or the last water transporter to handle the waste in the US, as required by 40 CFR 262.23( c). [ Note: Copies of the manifest are not required for each transporter.]

For shipments by rail originating at the site of generation, send at least three copies of the manifest to the next non rail transporter, the designated facility, or the last rail transporter to handle the waste in the US, as required by 40 CFR 262.23( d). ° Exports: Acknowledgment of Consent: Primary exporters must provide the transporter with an USEPA Acknowledgment of Consent and an additional copy of the manifest or shipping papers for delivery to the US Customs official at the point the hazardous waste exits the US, as required by 40 CFR 262.54( h) and ( i). ° Reclamation Agreements: An SQG operating under a tolling agreement must retain a copy of each reclamation agreement, if applicable, for at least three years after the termination or expiration of the agreement, as required by 40 CFR 262.20( e)( 2).

( d) Undeliverable Shipments Generators must provide instructions to the transporter on how to deal with shipments that cannot be delivered to the designated or the alternate TSDF. For shipments that a transporter is unable to deliver to the designated facility or the alternate facility, generators must designate another facility or instruct the transporter to return the waste, as required by 40 CFR 262.20( d) and 262.54( g)( 3).

Data Item USEPA OSWER ICR 801.15 30 Dec 2004 21 ° Instructions to the transporter on how to deal with shipments that cannot be delivered to the designated or the alternate TSDF.

Respondent Activity ° For shipments that a transporter is unable to deliver to the designated facility or the alternate facility, designate another facility or instruct the transporter to return the waste.

( e) Rejected Waste and Container Residues USEPA has promulgated regulations at 40 CFR 262.34( j) to improve the tracking of rejected waste and container residues. USEPA has also expanded the definition of " designated facility" to include generators that receive rejected loads or container residues from the TSDF designated on their manifest to receive the waste. It is important to clarify the procedures that generators will need to follow for receiving and managing rejected load or container residue shipments sent back by the designated TSDF. These regulations will improve hazardous waste tracking, while placing minimal paperwork burden on generators ( i. e. generators need only sign the form accompanying the problem shipment delivered to them). Under 40 CFR 262.34( j), a generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 CFR 264.72 or 265.72 may accumulate the returned waste on site, as specified. Upon receipt of the returned shipment, the generator must sign the manifest that accompanies the rejected load or residue.

Data Item

Complete a manifest.

Respondent Activities ° Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest. ° Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

( f) Exception Reports: Completion, Submission, and Recordkeeping ( f1) Large Quantity Generators USEPA's May 19, 1988 RCRA manifest regulations included requirements for generators to prepare, submit, and keep records of exception reports ( 40 CFR 262.42). In the event an LQG does not receive a copy of the signed manifest from the designated facility owner/ operator within 35 days of the date the waste was accepted by the initial transporter, the LQG must contact the transporter and/ or the owner/ operator of the designated facility to determine the status of the hazardous waste. The LQG must submit an exception report to USEPA if he/ she has not received a copy of the signed manifest from the designated facility owner/ operator within 45 days of the date the waste was accepted by the initial transporter and must retain a copy of the exception report for at least three years from the due date of the report, in accordance with 40 CFR 262.42( a) and 262.40( b).

Data Item ° An exception report containing the following data:  A legible copy of the manifest for which the generator does not have confirmation of delivery, as required by 40 CFR 262.42( a)( 2)( i).  A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts, as required by 40 CFR 262.42( a)( 2)( ii).

Respondent Activities

Prepare and submit a signed cover letter to USEPA explaining the generator's efforts to locate the hazardous waste and the results of those efforts, along with a legible copy of the manifest, in accordance with 40 CFR 262.42( a)( 2)( i) and ( ii).

Keep a copy of each exception report, as required by 40 CFR 262.40( b).

( f2) Small Quantity Generators USEPA OSWER ICR 801.15 30 Dec 2004 22 EPA's March 24, 1986 final regulations mandated use of the manifest system by SQGs, but exempted them from the exception report requirements applicable to LQGs. On June 6, 1986, the Environmental Defense Fund ( EDF) sued in the US Court of Appeals for the reinstatement of the exception report requirement. Under the terms of the settlement agreement negotiated with EDF, the Agency agreed to propose a modified exception report requirement for SQGs and to take comment on other options for accomplishing the exception reporting purpose. On September 23, 1987, USEPA promulgated regulations calling for exception reporting by SQGs. These regulations are similar to the existing requirements for LQGs, except that the SQG is not required to contact the transporter or facility owner/ operator to determine the waste's disposition, the length of time before an exception report is required is 60 days, and the generator need only note on the manifest that he has not received confirmation of delivery ( § 262.42). In the event an SQG does not receive a copy of the signed manifest from the owner/ operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, he/ she must submit to the USEPA Regional Administrator a legible copy of the manifest with some indication that he has not received confirmation of delivery, in accordance with 40 CFR 262.42( b).

Data Item ° A legible copy of the manifest with some indication that the SQG has not received confirmation of delivery.

Respondent Activity ° Submit a legible copy of the manifest with some indication that the waste has not been delivered.

5C. Transporter Requirements ( a) Manifest Completion, Transmittal, and Recordkeeping A critical part of the manifest system is the use of multiple copies of the manifest to track the shipment of hazardous waste as it moves from the generator to the designated TSDF by way of the transporter. Regulations found in 40 CFR 263 subpart B require transporters to ensure that the manifest accompanies the hazardous waste during transportation, to deliver the hazardous waste and the manifest as indicated on the manifest, and to keep records of the manifests. Under 40 CFR 263.20 & 263.22, a SQG's waste, transported following a reclamation agreement, can be exempt from the manifest requirements of the section. However, the transporter is required to record waste generator data information on a log or shipping paper and retain a copy of these records, as required by 40 CFR 263.20( h). 40 CFR 263.20, 263.21 & 263.22 detail the completion, transmittal, and recordkeeping requirements of manifests or shipping papers for hazardous waste transporters, including those exporting hazardous waste outside the US. In accordance with these requirements, transporters must complete specified parts of the manifest ( or shipping paper, as provided in 40 CFR 263.20( e)( 2)), retain a copy of the manifest ( or shipping paper), transmit copies to specified parties, and ensure that the original manifest or shipping papers accompany the waste to its destination.

( a1) Hazardous Waste Transporters ( except as exempted by 40 CFR 263.20( e) and ( f))

Except for certain water and rail transporters exempted under 40 CFR 263.20( e)&( f), transporters transporting hazardous waste outside the US ( 40 CFR 263.20( g)) and transporters transporting hazardous waste pursuant to a reclamation agreement ( 40 CFR 263.20( h)) & 263.20( b), ( c),( d) require transporters to sign and date the manifest acknowledging acceptance of the waste from the generator before transporting the hazardous waste. Before leaving the property, the transporter must return or transmit a signed copy of the manifest to the generator. In addition, the transporter must ensure that a copy of the manifest or other shipping paper accompanies the shipment and is readily available and recognizable. A transporter who delivers a hazardous waste to another transporter or to the designated facility must obtain the date of delivery and the signature of the transporter or designated facility; retain a copy in accordance with 40 CFR 263.22; and give the remaining copies of the manifest to the accepting transporter or designated facility, as required at 40 CFR 263.20( d).

Data Item

Complete a manifest and/ or shipping paper.

Respondent Activities

Sign and date the manifest, as required by 40 CFR 263.20( b).

Return a signed copy of the manifest to the generator, as required under 40 CFR 263.20( b). USEPA OSWER ICR 801.15 30 Dec 2004 23

Ensure that the manifest ( or other shipping paper) accompanies the waste to its destination, as required by 40 CFR 263.20( c).

In delivering the hazardous waste and manifest to another transporter or to the designated facility, perform the following activities, as required by 40 CFR 263.20( d):  Obtain the date of delivery and signature of that transporter or the owner/ operator of the facility or alternate facility designated on the manifest, pursuant to 40 CFR 263.20( d)( 1).  Retain a copy of the manifest pursuant to 40 CFR 263.22( a).  Give remaining copies of the manifest to the accepting transporter or facility, in accordance with 40 CFR 263.20( d)( 3).

( a2) Water ( Bulk Shipment) Transporters Regulated under 40 CFR 263.20( e)

Water ( bulk shipment) transporters who are regulated under 40 CFR 263.20( e) must sign and date the manifest upon receipt of the hazardous waste; must ensure that a shipping paper containing the generator, waste, and facility information, and a USEPA Acknowledgment of Consent for exports, accompany the waste during transportation; must obtain the signature of the facility owner/ operator on the manifest or shipping paper; and must retain a copy of the manifest or shipping paper for three years.

Data Items

Copies of the manifest.

Copies of the shipping paper containing all the information on the manifest except the USEPA ID numbers, the generator certification, and required signatures, as required under 40 CFR 263.20( e).

A USEPA Acknowledgment of Consent ( for exporters only), as required by 40 CFR 263.20( e)( 2).

Respondent Activities

Obtain the date of delivery and signature of the initial water transporter on the manifest, in accordance with 40 CFR 263.20( e)( 4).

Forward the manifest to the designated facility, in accordance with 40 CFR 263.20( e)( 4). ° Bulk water transporters identified under 40 CFR 263.20( e) must perform the following activities:

Ensure that the shipping paper ( and Acknowledgment of Consent, for exports) accompanies the waste to its destination, as required by 40 CFR 263.20( e)( 2).

If the delivering ( water) transporter, obtain the date of delivery and signature of the owner/ operator of the designated facility on either the manifest or shipping paper, as required by 40 CFR 263.20( e)( 3).

If the initial water transporter, sign and date the manifest and return it to the delivering transporter so that the manifest can be forwarded to the designated facility owner/ operator, as required by 40 CFR 263.20( e)( 4).

Retain a copy of the manifest or shipping paper, as required by 40 CFR 263.22( b).

( a3) Rail Transporters Regulated under 40 CFR 263.20( f)

Under 40 CFR 263.20( f)( 1), initial rail transporters must sign and date the manifest acknowledging acceptance of the hazardous waste; return or transmit a signed copy of the manifest to the non rail transporter; and forward at least three copies of the manifest to the next non rail transporter, the designated facility, if the shipment is delivered to that facility by rail, or the last rail transporter designated to handle the waste in the US; and retain a copy of the manifest and rail shipping paper in accordance with 40 CFR 263.22. Rail transporters must ensure that a shipping paper containing all the information required on the manifest ( excluding the USEPA ID numbers, generator certification, and signatures) and, for exports, a USEPA Acknowledgment of Consent accompanies the hazardous waste at all times, as required by 40 CFR 263.20( f)( 2). When delivering hazardous waste to the designated facility, a rail transporter must obtain the date of delivery and signature of the owner or operator of the designated facility on the manifest, or a signature on the shipping paper ( if the manifest has not been received by the facility) and retain a copy of the manifest or signed shipping paper, as required under 40 CFR 263.20( f)( 3). When delivering hazardous waste to a non rail transporter, a rail transporter must obtain the date of delivery and the signature of the next non rail transporter on the manifest and retain a copy of the manifest, as required under 40 CFR 263.20( f)( 4). Before accepting hazardous waste from a rail transporter, a non rail transporter must sign and date the manifest and provide a copy to the rail transporter, as required by 40 CFR 263.20( f)( 5). USEPA OSWER ICR 801.15 30 Dec 2004 24 Data Items

Complete a manifest.

A shipping paper containing all the information on the manifest, except the USEPA ID numbers, the generator certification, and required signatures.

A USEPA Acknowledgment of Consent ( for exports only).

Respondent Activities

When accepting waste from a non rail transporter, sign and date the manifest, as required by 40 CFR 263.20( f)( 1)( i) and return or transmit a signed copy of the manifest to the non rail transporter, as required by 40 CFR 263.20( f)( 1)( ii).

Forward at least three copies of the manifest to either the next non rail transporter, the designated facility, or the last rail transporter designated to handle the waste in the US, as required by 40 CFR 263.20( f)( 1)( iii).

Ensure a shipping paper containing all the information required on the manifest excluding the USEPA ID number, generator certification, and signatures ( and for exports an Acknowledgment of Consent) accompanies the waste, as required under 40 CFR 263.20( f)( 2).

When delivering hazardous waste to the designated facility or to the next non rail transporter, obtain the signature and date of delivery of the facility or non rail transporter on the manifest, as required under 40 CFR 263.20( f)( 3)( i) or ( f)( 4)( i).

Retain a copy of the manifest and/ or rail shipping paper, as required under 40 CFR 263.20( f)( 1)( iv), 263.20( f)( 3)( ii), 263.20( f)( 4)( ii) and 263.22, as applicable.

Before accepting hazardous waste from a rail transporter, sign and date the manifest and provide a copy to the rail transporter, as required under 40 CFR 263.20( f)( 5).

( a4) Transporters Who Import or Export Hazardous Wastes ( 40 CFR 263.20( g) & ( i))

Under 40 CFR 263.20( g), transporters who either transport hazardous waste into ( import) or out of ( export) the US, must sign and date the manifest to indicate the date that the shipment arrived ( import) or left ( export) the US, respectively; retain one copy in accordance with 40 CFR 263.22; for exports return a signed copy to the generator and provide a copy of the exported waste manifest to a US Customs official at the point of departure from the US. In addition for exports, the transporter also must ensure that a copy of the USEPA Acknowledgment of Consent accompanies the waste, as required by 40 CFR 263.20( a).

Data Items

Complete a manifest or shipping paper.

EPA Acknowledgment of Consent.

Respondent Activities

For imports and exports, sign and date the manifest in the International Shipments block to indicate the date that the shipment entered or left the US, respectively, as required by 40 CFR 263.20( g)( 1).

For imports and exports, retain a copy of the manifest, as required by 40 CFR 263.20( g)( 2).

For exports, return a signed copy of the manifest to the generator, as required by 40 CFR 263.20( g)( 3). ° For exports, give a copy of the manifest to a US Customs official at the point of departure from the US, as required by 40 CFR 263.20( g)( 4).

For exports, ensure that copies of the manifest and USEPA Acknowledgment of Consent accompanies the waste, as required by 40 CFR 263.20( a).

( a5) Transporters Who Transport Hazardous Waste Pursuant to a Reclamation Agreement ( 263.20( h))

40 CFR 263.20( h) provides that transporters can be exempt from the requirements of 40 CFR 263.20 & 263.22 when transporting a SQG's waste pursuant to a reclamation agreement in accordance with 40 CFR 262.20( e). These transporters are required to record data items on a log or shipping papers, carry the record to the reclamation facility, and retain these records, as required by 40 CFR 263.20( h).

Data Items

The name, address, and USEPA ID number of the hazardous waste generator.

The quantity of waste accepted. USEPA OSWER ICR 801.15 30 Dec 2004 25

All USDOT required shipping information.

The date the waste is accepted. Respondent Activities

Record the waste information on a log or shipping paper, as required by 40 CFR 263.20( h)( 2).

Carry the record when transporting waste to the reclamation facility, as required by 40 CFR 263.20( h)( 3).

Retain the records for at least three years after termination or expiration of the agreement, as required by 40 CFR 263.20( h)( 4).

( b) Undeliverable Shipments Under 40 CFR 263.21( a), the transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to the designated facility listed on the manifest; the alternate designated facility, the next designated transporter; or the place outside the US designated by the transporter. 40 CFR 263.21( b)( 1) requires that, if the hazardous waste cannot be delivered in accordance with 40 CFR 263.21( a) because of an emergency condition other than rejection of the waste by the designated facility, then the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

Data Items

A manifest that has been revised according to the generator's instructions.

Respondent Activities ° Contact the generator for further directions and revise the manifest according to the generator's instructions.

( c) Rejected Waste and Container Residues USEPA has promulgated regulations at 40 CFR 263.21 to improve the tracking of rejected waste and container residues. These regulations further clarify procedures that transporters will need to follow when dealing with rejected waste or container residue shipments sent back to the original generator or to an alternate TSDF. Under 40 CFR 263.21( b)( 2), if a hazardous waste is rejected or a container residue is identified by the designated facility listed on the manifest while the transporter is on the facility's premises, then the transporter must comply with the appropriate procedures: ° Partial load rejections: The transporter must obtain the facility's signature and date, the manifest tracking number of the new form, and a description/ indication of the rejected waste in the discrepancy block on the original manifest. The transporter must retain this copy of the manifest in accordance with 40 CFR 263.22 and give the remaining copies to the designated facility. If the transporter is forwarding the shipment to the alternate facility or returning it the generator, the transporter must obtain the new manifest for the shipment. ° Full load rejections or container residues: The transporter must obtain the original manifest that includes the facility's signature and date, name and address of the alternate facility or generator, and a description of the rejected load or container residue in the discrepancy block as appropriate. The transporter must retain this copy of the manifest in accordance with 40 CFR 263.22 and give a copy to the facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment.

Data Item

Complete a manifest.

Respondent Activities ° For partially rejected loads made while the transporter is on site, obtain the amended manifest from the facility, keep a copy, and, if receiving the rejected waste, obtain the new manifest. ° For fully rejected loads made or container residues identified while the transporter is on site, obtain the original manifest, as amended, from the facility.

( d) Notification of Discharge of Hazardous Waste The 49 CFR 263 subpart C regulations reference USDOT notification requirements for hazardous waste transporters responding to a discharge of hazardous waste and establish requirements for water ( bulk shipment) transporters who discharge hazardous waste, similar to notification requirements for oil and hazardous substances releases. USEPA OSWER ICR 801.15 30 Dec 2004 26 In the event of a discharge of hazardous waste during transportation, 40 CFR 263.30( a) requires the transporter to take appropriate immediate action to protect human health and the environment, for example, notifying local authorities. 40 CFR 263.30( c) requires an air, rail, highway, or water transporter who has discharged hazardous waste to give notice, if required by 49 CFR 171.15, to NRC and to report in writing to USDOT as required by 49 CFR 171.16. 40 CFR 263.30( d) requires a water ( bulk shipment) transporter who has discharged hazardous waste to give the same notice as required by 33 CFR 153.203 for oil and hazardous substances, if not already required under 33 CFR 153.203. Water ( bulk shipment) transporters, as soon as they have knowledge of any discharge of hazardous waste, must immediately notify NRC, US Coast Guard, as required by 33 CFR 153.203. If the direct reporting to the NRC is not practicable, reports may be made to the US Coast Guard or USEPA predesignated OSC for the geographic area where the discharge occurs. If it is not possible to notify the NRC or the predesignated OSC immediately, reports may be made immediately to the nearest US Coast Guard unit, provided the transporter notifies the NRC as soon as possible.

Data Item ° Notification of a discharge of hazardous waste Respondent Activities

In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate action to protect human health and the environment, including notification of the discharge to local authorities, as required by 40 CFR 263.30( a).

Water ( bulk shipment) transporters must immediately notify NRC of the discharge or, if it is not practicable to notify the NRC, a predesignated OSC can be notified. If the OSC is notified, the transporter must notify the NRC of the discharge as soon as possible, as required by 40 CFR 263.30( d) and 33 CFR 153.203. [ Note: This ICR does not include hour and cost burden estimates for activities associated with the 49 CFR 171 notification requirements referenced in 40 CFR 263 since Part 263 does not add any notification requirements to those already in 49 CFR 171.]

5D. Designated Treatment, Storage, and Disposal Facility Requirements ( a) Manifest Completion, Transmittal, and Recordkeeping 40 CFR 264.71( a),( b) and 40 CFR 265.71( a),( b) set forth completion, transmittal, and recordkeeping requirements for TSDFs that receive hazardous waste accompanied by a manifest or shipping paper. 40 CFR 264.71( a),( b) and 40 CFR 265.71( a),( b) provide that, if a facility receives hazardous waste accompanied by a manifest ( or shipping paper, for certain rail or water shipments), the TSDF or his/ her agent must sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received; note any significant discrepancies in the manifest on each copy; immediately return to the transporter a signed copy; within 30 days of delivery send a copy of the manifest to the generator; and retain a copy for at least three years from the date of delivery.

Data Items

Copies of the manifest or shipping paper.

Respondent Activities

Complete, transmit, and retain copies of the manifest, as required by 40 CFR 264.71( a),( b) or 40 CFR 265.71( a),( b) and the manifest instructions:  Enter the name of the person accepting the waste and sign and date each copy of the manifest ( or shipping paper, if applicable).  Complete the management method codes.  Note any discrepancies ( as defined in 40 CFR 264.72( a)) on each copy of the manifest ( or shipping paper, if applicable).  Immediately give the transporter at least one copy of the manifest ( or shipping paper).  Within 30 days of delivery, send a copy of the manifest ( or shipping paper) to the generator.   Imported wastes: Within 30 days of delivery, the receiving TSDF must mail a final signed copy of the imported waste manifest to EPA's International Compliance Assurance Division.  Retain a copy of the manifest ( or shipping paper) for at least three years from the date of delivery. [ Note: Although the noting of manifest or shipping paper discrepancies is mentioned above, it is burdened in the subsection entitled " Discrepancy Reports."] USEPA OSWER ICR 801.15 30 Dec 2004 27 USEPA OSWER ICR 801.15 30 Dec 2004 28 ( b) Compliance with State Program Requirements Under 40 CFR 264.71( e) and 40 CFR 265.71( e), TSDFs must determine whether the consignment State for a shipment regulates any additional hazardous wastes ( beyond those regulated Federally). TSDFs must also determine whether the consignment State or generator State requires the facility to submit any copies of the manifest to these States.

Data Item ° Information provided by the State on its manifest program.

Respondent Activities ° Contact the consignment/ generator State if needed and submit any copies of the manifest to these States, as applicable.

( c) Discrepancy Reports The 40 CFR 264 & 265 subpart E regulations also require TSDFs to note and potentially report discrepancies ( 40 CFR 264.71& 264.72; 265.71 & 265.72), and make records and reports available to USEPA ( 40 CFR 264.74 & 264.77; 265.74 & 265.77). 40 CFR 264.72 and 265.72 provide that, upon discovering a significant discrepancy, TSDFs must attempt to reconcile the discrepancy with the waste generator or transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the owner/ operator must immediately submit to USEPA a copy of the manifest or shipping paper in question, as well as a letter describing the discrepancy and attempts to reconcile it.

Data Items

A copy of the manifest or shipping paper in question. ° A letter describing the manifest discrepancy and the facility's efforts to reconcile it.

Respondent Activities ° Attempt to reconcile any discrepancies, as required by 40 CFR 264.72( c) or 265.72( c). ° Prepare and submit a letter to USEPA describing the discrepancy and attempts to reconcile it, along with a copy of the manifest or shipping paper at issue, as required by 40 CFR 264.72( c) or 265.72( c).

( d) Rejected Waste and Container Residues 40 CFR 264.72 and 40 CFR 265.72 provide that the TSDF must forward rejected waste or container residues to an alternate facility that can accept the waste. If the TSDF is unable to locate an alternate facility to take the waste, then the TSDF may return the shipment to the original generator. 40 CFR 264.72( d) through ( g) and 40 CFR 265.72( d) through ( g) describe manifest procedures for TSDFs that originate a rejected waste or container residue.

( d1) Rejection of Waste after the Transporter Leaves the Facility For full or partial load rejections and residues that are to be sent off site to an alternate facility or back to the generator after the transporter has left the facility, the facility is required to prepare a new manifest, as required by 40 CFR 264.72( d), ( e)( 1)( 6), or ( f)( 1)( 6) or 40 CFR 265.72( d), ( e)( 1)( 6), or ( f)( 1)( 6). In addition, if a facility rejects a waste or identifies a container residue that exceeds the quantity limits for " empty" containers set forth in 40 CFR 261.7( b) after it has signed, dated, and returned a copy of the manifest to the transporter, the facility must comply with 40 CFR 264.72( g) or 265.72( g). The facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and must re sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must within 30 days, send a copy of the amended manifest to the delivering transporter and to the generator.

Data Items ° Instructions provided by the generator.

Copy of the original manifest and/ or shipping paper.

Copy of a new manifest and/ or shipping paper. USEPA OSWER ICR 801.15 30 Dec 2004 29 Respondent Activities

Contact the generator to obtain the generator's instructions for forwarding the waste to another facility that can manage the waste, as required by 40 CFR 264.72( d) or 265.72( d). ° Prepare a new manifest for rejected loads or container residues sent to the alternate designated facility or back to the generator:  Write the facility's USEPA ID, name, and address in the appropriate blocks of the new manifest ( i. e. Items 1 and 5), as required by 40 CFR 264.72( e)( 1) or ( f)( 1) or 265.72( e)( 1) or ( f)( 1).  Write the name of the alternate designated facility/ initial generator and the facility's/ generator's USEPA ID number in the designated facility block ( Item 8) of the new manifest, as required by 40 CFR 264.72( e)( 2) or ( f)( 2) or 265.72( e)( 2) or ( f)( 2).  Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment, as required by 40 CFR 264.72( e)( 3) or ( f)( 3) or 265.72( e)( 3) or ( f)( 3).  Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest ( Item 18a), as required by 40 CFR 264.72( e)( 4) or ( f)( 4) or 265.72( e)( 4) or ( f)( 4).  Write the USDOT description for the rejected load or the residue in the Item 9 ( USDOT Description) of the new manifest and write the container types, quantity, and volume( s) of waste, as required by 40 CFR 264.72( e)( 5) or ( f)( 5) or 265.72( e)( 5) or ( f)( 5).  Sign the Generator's/ Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition, as required by 40 CFR 264.72( e)( 6) or ( f)( 6) or 265.72( e)( 6) or ( f)( 6).

Amend the facility's copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest, as required by 40 CFR 264.72( g) or 265.72( g). ° Copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, as required by 40 CFR 264.72( g) or 265.72( g). ° Re sign and date the manifest, as required by 40 CFR 264.72( g) or 265.72( g). ° Retain the amended manifest for at least three years from the date of the amendment, as required by 40 CFR 264.72( g) or 265.72( g). ° Within 30 days, send a copy of the amended manifest to the delivering transporter and to the generator, as required by 40 CFR 264.72( g) or 265.72( g).

( d2) Rejection of Waste while the Transporter Remains Present at the Facility For container residues and full load rejections that are made while the transporter remains present at the facility, the facility may forward the shipment to the alternate facility or return the shipment to the generator using the original manifest, as specified in 40 CFR 264.72( e)( 7) or ( f)( 7) or 40 CFR 265.72( e)( 7) or ( f)( 7).

Data Item

Copy of the original manifest and/ or shipping paper.

Respondent Activities ° Contact the generator to obtain the generator's instructions for forwarding the waste to another facility that can manage the waste, as required by 40 CFR 264.72( d) or 265.72( d). ° Complete Item 18a and 18b of the original manifest, as applicable, by supplying the information on the next destination facility or the generator in the Alternate Facility space. ° Retain a copy of the manifest. ° Give the remaining copies back to the transporter.

( e) Unmanifested Waste Report: Completion and Submission Pursuant to 40 CFR 264.76 and 265.76, if the TSDF accepts a hazardous waste for treatment, storage, or disposal from any off site source without an accompanying manifest or a shipping paper as described in 40 CFR 263.20( e)( 2), and the waste is not excluded from the manifest requirement, the facility owner/ operator must prepare and submit a letter to USEPA. USEPA OSWER ICR 801.15 30 Dec 2004 30 Data Items

The USEPA ID number, name, and address of facility.

The date the facility received the waste.

The USEPA ID number, name, and address of generator and transporter, if available.

A description and quantity of each unmanifested hazardous waste the facility received.

The method of treatment, storage, or disposal for each hazardous waste.

The certification signed by the owner/ operator of the facility or his authorized representative.

A brief explanation of why the waste was unmanifested, if known.

Respondent Activities:

Prepare and submit to USEPA a letter of the unmanifested waste within 15 days after receiving the waste. USEPA OSWER ICR 801.15 30 Dec 2004 31 6. AGENCY ACTIVITIES, COLLECTION METHODOLOGY & INFORMATION MANAGEMENT The following subsections discuss how USEPA will collect the information, what activities USEPA will perform once the information has been received, and how USEPA will manage the information it collects under the manifest system. The subsections also include a discussion of how the information collection requirements will affect small entities.

6A. Agency Activities The Agency activities associated with the manifest requirements include the review of exception reports, discrepancy reports, and unmanifested waste reports. The Agency reviews these reports to identify potentially non compliant or otherwise unresolved activities that warrant Agency attention. For example, upon receipt of an exception report, the Agency may conduct a follow up investigation to assist the generator in locating the shipment. The Agency keeps these reports on file. In addition, USEPA requires manifest form printers to register with USEPA, as provided under 40 CFR 262.21. The Agency will need to review, process, and keep records of the data submitted. Note that, as provided under the regulations, manifests, shipping papers, contractual agreements, and reclamation agreements are not formally submitted to USEPA, but must be kept on file at the generator's, transporter's or TSDF's location and made available to USEPA upon request. Accordingly, this analysis does not include Agency activities associated with review of these documents.

6B. Collection Methodology & Management Under the registry, USEPA will collect registrants' initial applications under 40 CFR 262.21( b) through the regular mail, although some registrants may voluntarily choose to send them by certified mail. USEPA will examine each application to ensure that the registrant takes appropriate steps to control its tracking numbers and print a quality manifest. USEPA will then request form samples from the registrant through the mail. USEPA will evaluate each registrant's form samples to ensure they satisfy the print specifications at 40 CFR 262.21( f). USEPA will then keep the forms on file for future reference. USEPA will post the name, manifest tracking number suffix, and contact information of each approved registrant on its web site, so that the general public is aware of who the approved registrants are, what suffixes have been approved, and how to contact registrants for forms. USEPA collects reports submitted by waste handlers under the manifest system ( e. g., exception reports and discrepancy reports) through the regular mail, although some waste handlers may voluntarily choose to send them by certified mail. USEPA reviews the reports to understand the situation at issue and take follow up action as needed. USEPA keeps the files on record for future reference.

6C. Small Entity Flexibility The current regulations require both large and small quantity generators of hazardous waste to use the manifest to track shipments of hazardous waste. However, the Agency has found that most small businesses do not generate hazardous waste either at all or in large enough quantities to make them subject to regulation and, therefore, are not affected by the manifest requirements. Generators of less than 100 kg/ month ( conditionally exempt small quantity generators) are exempted from manifest requirements. Also, USEPA has exempted from the manifest requirements universal wastes ( i. e., batteries, mercury thermostats, lamps, and pesticides, as specified), spent lead acid batteries going for recycling, and used oil being recycled or burned for energy recovery.

( 1) Contractual Reclamation Agreements A small quantity generator ( SQG) is exempt from the manifest requirements when his hazardous waste is reclaimed under a contractual agreement, and he complies with limited requirements, including recordkeeping of the contractual agreement, as required by 40 CFR 262.20( e)( 2).

( 2) Exception Reports The exception report requirements, under 40 CFR 262.42, for SQGs are less stringent than those for large quantity generators ( LQGs). A SQG is only required to submit to USEPA a legible copy of the manifest with some indication he/ she has not received confirmation of delivery and has 60 days to fulfill this requirement. LQGs, on the other hand, are required to contact the transporter or facility owner/ operator if he/ she has not received a copy of the manifest within 35 days. In addition, if 45 days have passed and the LQG still has not received a signed copy of the manifest, he/ she must submit a copy of the manifest as USEPA OSWER ICR 801.15 30 Dec 2004 32 well as a cover letter explaining the generator's efforts to locate the hazardous waste. Hence, the exception report requirements for SQGs are not as burdensome.

6D. Collection Schedule ( 1) Registry Document Collection: Registrant Organizations Before printing the manifest for use or distribution, registrants must submit an initial application, three fully assembled manifests, and a description of the form samples to USEPA. USEPA will either approve the registrant to print the forms, or request modification to the application and/ or samples before approval. In addition, registrants that would like to use a new tracking number suffix, change the printing specifications of their manifest, use a new printer, or typeset their manifest subsequent to USEPA approval to print the manifest must submit additional documentation ( e. g., proposed suffix, manifest samples, brief description of the new printer's qualifications to print the manifest), as specified. Before an approved registrant can change its form in regard to paper type, paper weight, ink color of the instructions, or binding method, or before using a new printer, it must seek USEPA approval by submitting new form samples and, if applicable, a description of the new printer. Note, however, that a registrant may request an exemption from the requirement to submit form samples if the Agency is persuaded that a separate review of the registrant's forms would serve little purpose in informing an approval decision. Any approved registrant wanting to update any information provided in its application must revise the application and submit it to USEPA, along with an indication or explanation of the update, as soon as practicable after the change occurs. Finally, an approved registrant must notify USEPA by phone or email as soon as it becomes aware that it has duplicated manifest tracking numbers on forms that have been used or distributed. The registrant must also provide information on its printing activities, if requested by USEPA.

( 2) Manifest and Other Document Collection: Generators, Transporters, and TSDFs Since copies of manifests, shipping papers, contractual agreements, and reclamation agreements are kept at the generator's, transporter's or TSDF's location and not normally submitted to USEPA, discussion of a collection schedule is not applicable.

( 3) Exception Reports Collection: Generators LQGs must submit exception reports to USEPA within 45 days of the date the waste was accepted by the initial transporter, if he or she has not received a copy of the manifest signed by the TSDF. SQGs must submit an abbreviated version of an exception report to USEPA within 60 days.

( 4) Manifests Returned to Generators: Designated TSDFs Designated TSDFs must return a signed and dated copy of the manifest to the generator within 30 days after delivery of the waste.

( 5) Discrepancy and Unmanifested Waste Report Collection: Designated TSDFs Designated TSDFs must submit discrepancy reports and unmanifested waste reports to USEPA within 15 days of delivery of the waste to the TSDF. USEPA OSWER ICR 801.15 30 Dec 2004 33 7. ESTIMATE OF BURDEN HOURS & COST The attached spreadsheet Exhibits 1 to 19 present USEPA's estimates of burden hours and associated costs for all the information collection requirements covered in this ICR. The burden estimates for each activity presented in spreadsheet Exhibits 1 through 18 include the burden hours ( total and by labor type) per respondent, as well as the overall burden hours for all respondents. Associated annual costs for all paperwork burden activities covered in this ICR include annual labor, capital, and operation and maintenance ( O& M) costs. According to the 1995 Paperwork Reduction Act, " burden" is defined as follows:

" The term ` burden' means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for: ( a) reviewing instructions; ( b) acquiring, installing, and utilizing technology and systems ( c) adjusting the existing ways to comply with any previously applicable instructions and requirements; ( d) searching data sources; ( e) completing and reviewing the collection of information; and ( f) transmitting or otherwise disclosing the information." ( PRA Section 3502( 2)).

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. Therefore, OMB Control No. must appear on the front page of the manifest form ( EPA form 8700 22) and continuation sheet ( EPA Form 8700 22a). The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. Additionally, OMB requires, if appropriate, that the expiration date appear on the front page of an OMB approved form. EPA believes it is inappropriate to include the expiration date on the manifest form and continuation sheet, because the format and appearance of these forms will not be affected by the information collection renewal process for this ICR, which generally will occur every three years before the expiration date. Any future revisions to the manifest form and continuation sheet would require a formal rulemaking process ( e. g., ANPRM and final action), including a revised ICR supporting that rulemaking. Therefore, the manifest form and continuation sheet do not include an expiration date.

7A. Labor Wage Rates ( 7A. 1) Respondent Labor:

EPA estimates an average hourly respondent labor cost ( overhead and fringe benefits loaded wage rates): ° $ 114.04 for legal staff ° $ 89.44 for managerial staff ° $ 58.54 for technical staff ° $ 30.62 for clerical staff. These respondent labor costs were obtained from the previously approved RCRA Manifest ICR 801.14, and updated to year 2004 levels using Employment Cost Indexes developed by the US Bureau of Labor Statistics.

( 7A. 2) Agency Labor:

USEPA estimates the Agency hour and cost burden associated with the new information collection requirements covered in this ICR in Exhibit 19. Based on the General Schedule ( GS) Salary Table 2004, USEPA estimates the following average hourly labor costs ( overhead and fringe benefit loaded wage rates): ° $ 66.26 for legal staff ( GS 15, Step 1) ° $ 47.66 for managerial staff ( GS 13, Step 1) ° $ 33.44 for technical staff ( GS 11, Step 1) ° $ 20.34 for clerical staff ( GS 06, Step 1). To derive these hourly estimates, USEPA multiplied the basic hourly rates by the standard government overhead factor of 1.6.

7B. Respondent Capital Costs Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. For this ICR, USEPA estimates that respondents will incur capital costs associated with the purchase of file cabinets, estimated by the following steps: USEPA OSWER ICR 801.15 30 Dec 2004 15 File cabinet cost based on the Feb 2004 advertised price for a Hon 600 Series 36" Wide 5 drawer lateral file from http:// www. staples. com 34 ° Annual manifest copies for file storage: Under the manifest system, generators, transporters, and designated TSDFs must keep copies of manifests and other manifest related documents for a period of three years ( the RCRA manifest is printed as a six copy form). In addition, as of 2001, 34 state governments collect at least one completed manifest copy representing 76% of annual manifests, and some states collect two copies, both initial and final ( source: USEPA OSW " Economics Background Document" for the final rule). Thus, at any given time during the effective period of this ICR, the hazardous waste industry and state governments are keeping about four copies of three years' worth of RCRA manifests: [( 1,762,726 manifests/ year) x ( 3 years retention) x ( 4 copies/ manifest)] = 21,152,712 copies/ year ° Number of file cabinets needed: USEPA estimates that a standard size, office five drawer, lateral file cabinet holds 16,000 pages and costs $ 640 each. 15 Thus, for storing copies of RCRA manifests, waste handlers would need to purchase the following number of file cabinets each year: [( 21,152,712 manifest copies/ year) / ( 16,000 copies/ file cabinet)] = 1,322 file cabinets/ year [( 1,322 file cabinets/ year) x ($ 640/ cabinet)] = $ 846,080/ year 7C. Respondent O& M Costs O& M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as " the recurring dollar amount of costs associated with O& M or purchasing services." For this ICR, O& M costs include:

° Mailing costs: USEPA estimates that respondents will incur a cost of $ 0.38 to mail a one ounce package ($ 0.37 for postage and $ 0.01 for standard size envelope). USEPA also estimates that respondents will incur a cost of $ 3.64 for mailing a larger package ( i. e., a five ounce package) by certified mail ($ 1.29 for postage, $ 2.30 for the certified mail fee, and $ 0.05 for a manila envelope). ° Photocopying costs: USEPA estimates that respondents will incur a cost of $ 0.10 for each photocopy they make. ° Long distance telephone call costs: USEPA estimates that respondents will incur a cost of $ 2.00 for each long distance telephone call they make. ° Printing cost for sample manifests: USEPA estimates that respondents will incur a cost of $ 500 for each set of manifest form samples. These respondents are expected to contract with a printing company. Hence, the fee of $ 500 is considered a lump sum cost.

These O& M costs are shown in Exhibits 1 through 19 for all applicable respondent activities.

7D. Itemized Estimates of Burden Hours and Costs Based on the labor wage rates and capital and O& M cost assumptions presented above, the attached spreadsheet Exhibits 1 to 18 present USEPA's estimates of respondents' burden hour and costs associated with all the requirements covered in this ICR. Exhibit 19 presents USEPA's estimate of Agency burden.

( a) Registrant Organization Requirements ( a1) Reading the Regulations Exhibit 1 presents the total annual hour and cost burden to registrant organizations in reading the manifest regulations at 40 CFR 262.21. USEPA expects that on average, 14 registrant organizations will read 40 CFR 262.21 regulations each year.

( a2) Applying to the Registry USEPA estimates that each year, 14 entities will register with USEPA to print their own forms. As shown in Exhibit 1, USEPA estimates that all 14 entities registering with USEPA will submit an application, three fully assembled manifests, and a description of the manifest form samples, as required by 40 CFR 262.21( b) and ( d). USEPA further estimates that, USEPA OSWER ICR 801.15 30 Dec 2004 35 each year, 50% of registrants ( i. e., seven registrants) will need to prepare and submit a revised application under 40 CFR 262.21( c). USEPA expects that no registrant will need to submit revised manifest form samples under 40 CFR 262.21( e).

( a3) Updating General Information in the Approved Application USEPA estimates that, each year, one registrant organization will revise and submit its application to USEPA, along with an indication or explanation of the update, under 40 CFR 262.21( h)( 1). USEPA further estimates that no registrant organization will need to respond to USEPA's concerns regarding its revised application during the 3 year period covered by this ICR. USEPA will provide print guidance to each prospective registrant on the USEPA website to assist them in designing an approvable form, minimizing the likelihood that they will be asked to resubmit samples to the registry.

( a4) Requesting Approval for a New Tracking Number Suffix EPA estimates that no approved registrant organization will request a new tracking number suffix during the 3 year period covered by this ICR. Because each manifest tracking number consists of the three letter suffix and nine digits, each registrant will be able to generate more than 999 million forms using its original suffix. USEPA does not expect a registrant to request a new suffix for many years.

( a5) Requesting Approval for Changes to Printing Specifications or Use of a New Printer USEPA estimates that no registrant organization will request approval for changes to its form or for the use of a new printer during the 3 year period covered by this ICR, assuming that each registrant will be forward looking when originally applying to the registry. Applicants will determine the appropriate paper type, paper weight, and other form aspects, so that they will not need to seek changes to their forms subsequent to their approval under 40 CFR 262.21( e).

( a6) Typesetting the Manifest Form Subsequent to its Approval USEPA estimates that no registrant organization will typeset its manifest form, instead of using the electronic file of the forms provided by USEPA, during the 3 year period covered by this ICR. Upon approval of a registrant's application under 40 CFR 262.21( c), USEPA will provide it with an electronic file of the manifest, continuation sheet, and instructions and ask it to use these files to develop the forms. In its consultations, USEPA found that printers intend to share these files among their printing establishments so that none will need to typeset the form. Typesetting the form would be unappealing to registrants because of the level of effort required in comparison with using the electronic files.

( a7) Requesting an Exemption USEPA estimates that, each year, one registrant organization will submit a request for an exemption under 40 CFR 262.21( j). As mentioned, USEPA expects each registrant to be forward looking when originally registering under 40 CFR 262.21( b) through ( e), and carefully select the appropriate paper type, paper weight, and other aspects of the form. Therefore, few, if any, are expected to request changes to the approved form subsequent to approval.

( a8) Notifying USEPA of a Printing Specification Violation EPA estimates that no registrant organization will notify USEPA that it has duplicated tracking numbers on forms used or distributed to other parties. Registrants must print their forms according to their approved applications, which will lay out procedures for tightly controlling their tracking numbers and ensuring that each manifest has a unique number. Because of these assurances, USEPA expects that no registrant will duplicate its numbers and notify USEPA.

( a9) Revising the Approved Manifest if Requested by USEPA USEPA estimates that no registrant organization will need to submit revised manifest form samples, per USEPA's request, during the 3 year period covered by this ICR. USEPA will carefully review each registrant's forms under 40 CFR 262.21( e) to determine if they satisfy the requirements of 40 CFR 262.21( f). USEPA does not expect to identify problems in forms that have been approved.

( a10) Responding to Suspension and Revocation Procedures USEPA OSWER ICR 801.15 30 Dec 2004 36 USEPA does not expect to conduct suspension or revocation procedures during the 3 year period covered by this ICR. The registration process under 40 CFR 262.21( b) through ( e) will ensure that each approved registrant is capable of tightly controlling its tracking numbers and printing forms consistent with the approved samples and the print specifications. Therefore, USEPA anticipates it will rarely invoke its suspension and revocation procedures.

( b) Generator Requirements ( b1) Reading the Regulations Exhibit 2 presents the total annual hour and cost burden to hazardous waste generators in reading the manifest regulations at 40 CFR 262. In total, USEPA expects that 131,803 generators will read the 40 CFR 262 regulations each year.

( b2) Manifest Completion Exhibits 3 and 4 present the total annual hour and cost burden for generators to complete their manifests. Note that the exhibits reflect the fact that destination sites ( referred to as designated TSDFs) often provide assistance to their generator customers in preparing manifests for shipments to their facility. For purposes of analysis, this ICR assumes that a percentage of LQGs and SQGs rely on the designated TSDFs' assistance in manifest preparation, while the remaining LQGs and SQGs, as well as all TSDFs acting as generators, prepare their manifests themselves, as follows:

° Completing the Manifest Without the Assistance of Designated TSDF: Based on consultations with hazardous waste generators and the States, USEPA estimates that about 58% of LQG manifests and 20% of SQG manifests accompanying hazardous waste shipments are prepared without the assistance of the designated TSDF. This is reflected in Exhibit 3. In addition, USEPA estimates that about 5% of manifests include continuation sheets.

° Completing the Manifest With the Assistance of Designated TSDF: As discussed, USEPA recognizes that many LQGs and SQGs rely on the assistance of the designated TSDF to complete the manifest form. Because the designated TSDF normally fills out most of the manifest form for the generator, the collaborative effort significantly reduces the burden on generators. Based on its consultations, USEPA estimates that about 42% of manifests from LQGs and 80% of manifests from SQGs are jointly completed with the designated TSDF. This is reflected in Exhibit 4. [ Note: Refer to Exhibit 14 for the hour and cost burden for designated TSDFs to assist LQGs and SQGs in completing their manifests.]

( b3) Compliance with State Program Requirements 40 CFR 262.21( g)( 2) provides that generators must determine whether they are required to comply with requirements specific to State hazardous waste manifest programs. As shown in Exhibit 5, USEPA assumes that each generator must contact, on average, three State manifest programs each year. Because these activities are already required under State hazardous waste programs, they are not burdened in this ICR.

( b4) Manifest Transmittal and Recordkeeping As shown in Exhibit 6, USEPA estimates that LQGs, TSDFs acting as generators, and SQGs will send 3% of their manifests with water shipments and 6% with rail shipments. Generators must comply with the requirements of 40 CFR 262.23, 262.24, and 262.40 when transmitting and keeping records of the manifest, as appropriate. In addition, USEPA estimates that, each year, LQGs, TSDFs acting as generators, and SQGs will send 19,509 manifests with exports of hazardous waste and 17,624 manifests with imports of hazardous waste. Finally, USEPA estimates that approximately 20,000 SQGs ship their hazardous waste off site under a reclamation agreement, pursuant to 40 CFR 262.20. These SQGs are required to keep a copy of the contractual agreement under which their hazardous waste is shipped to the recycling facility.

( b5) Undeliverable Shipments Based on consultations as shown in Exhibit 7, USEPA estimates that roughly 0.10% of shipments cannot be delivered to the designated TSDF each year. Generators must provide instructions to the transporter on how to deal with these shipments, as required by 40 CFR 262.20( d) and 262.54( g)( 3). USEPA OSWER ICR 801.15 30 Dec 2004 37 ( b6) Rejected Waste and Container Residues As shown in Exhibit 8, USEPA estimates that, each year, a total of 586 shipments initiated by generators will be rejected by designated TSDFs and sent back to the generator ( see Table 8). Upon receipt of the rejected shipments, generators must sign the manifest that accompanies the rejected load or residue.

( b7) Exception Reports: Completion, Submission, and Recordkeeping EPA estimates that, on average, LQGs, TSDFs acting as generators, and SQGs will need to develop an exception report under 40 CFR 262.42 for approximately 0.5% of the manifests sent off site. This assumption is reflected in Exhibit 9.

( c) Transporter Requirements ( c1) Reading the Regulations As shown in Exhibit 10, there are reportedly 414 hazardous waste transporter companies subject to the RCRA manifest system. USEPA expects that each company will read the manifest regulations once a year.

( c2) Manifest Completion, Transmittal, and Recordkeeping Exhibit 11 examines the manifesting hour and cost burden for transporters transporting domestic and international shipments of hazardous waste. USEPA estimates that, of themanifests completed and transmitted each year for domestic and import shipments, approximately 91% will accompany highway shipments, 3% will accompany water shipments, and 6% will accompany rail shipments. USEPA further estimates that 17,624 manifest forms will accompany imports and 19,509 manifest forms will accompany exports to non designated OECD countries. Finally, USEPA estimates that transporters transporting hazardous waste shipments under a reclamation agreement will need to comply with 40 CFR 263.20( h).

( c3) Undeliverable Shipments In Exhibit 11 EPA estimates that each year transporters will be unable to deliver approximately 1,762 shipments of hazardous waste they have accepted from a generator or a transporter to the designated facility listed on the manifest, the alternate designated facility, the next designated transporter, or the place outside the US designated by the generator. These transporters will have to contact the generator for further directions and revise the manifest according to the generator's instructions, as required by 40 CFR 263.21.

( d3) Rejected Waste and Container Residues Exhibit 11 also provides an estimate that each year 2,934 shipments are partially rejected while the transporter is still on the premises. The transporter must follow applicable procedures for obtaining the manifest from the facility and, if it accepts the forwarded shipment, it must obtain the new manifest. USEPA estimates that 29,337 shipments initiated by generators will be fully rejected by the designated TSDF while the transporter is on the facility's premises. For these shipments, the transporter must follow applicable procedures for obtaining the original manifest from the facility in order to forward the waste to the alternate facility or generator.