1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled " Hazardous Waste Listing for Chlorinated Aliphatics Production Wastes," ICR Number 1924.01.

1( b) Short Characterization The U. S. Environmental Protection Agency ( EPA) is amending the regulations for hazardous waste management under the Resource Conservation and Recovery Act ( RCRA) by listing as hazardous two wastes ( K174 and K175) generated during the production of chlorinated aliphatics. This action is taken under the authority of RCRA section 3001( b)( 1), which authorizes EPA to list wastes as hazardous, and section 3001( e)( 2), which directs EPA to make a decision whether to list as hazardous the various chlorinated aliphatics wastes. EPA is promulgating a conditional listing for one of the wastes, wastewater treatment sludges from the production of ethylene dichloride and/ or vinyl chloride monomer ( EDC/ VCM) ( K174). Under the conditional listing approach, the waste will qualify as a listed hazardous waste unless it is managed according to the conditions specified in the listing description. EPA is listing another waste, wastewater treatment sludges generated from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene based process ( VCM A) ( K175), as hazardous in accordance with the Agency's traditional listing approach, i. e., listing without conditions. Under the final rule, generators and subsequent handlers must manage and dispose of the listed chlorinated aliphatic wastes in accordance with the RCRA hazardous waste regulations.

In Sections 1 through 5 of this ICR, EPA presents a comprehensive description of the new information collection requirements resulting from the listing of these two chlorinated aliphatic production wastes. In Section 6, EPA estimates the total annual burden and cost to respondents and government associated with these new paperwork requirements. In addition, EPA estimates in Section 6( d) the total annual burden and costs to generators and subsequent handlers of these chlorinated aliphatic production wastes in complying with existing RCRA information collection requirements that apply to newly listed hazardous wastes. In this same Section 6( d), EPA also presents estimates of the combined burden and cost for both new and existing paperwork requirements. When this ICR is approved by the Office of Management and Budget, EPA will move the burden and cost associated with the existing paperwork requirements from this ICR to each of the five existing ICRs that are affected by the new listings.

In the following paragraphs, EPA briefly describes the new information collection requirements that contained in the final rule. 2 Documentation of Disposal of K174 Sludge Under 40 CFR 261.32, EPA is establishing a conditional listing for wastewater treatment sludges from the production of ethylene dichloride and/ or vinyl chloride monomer ( including sludges that result from the treatment of commingled ethylene dichloride and/ or vinyl chloride monomer process wastewaters and other wastewaters). Under the conditional listing, the wastewater treatment sludge ( K174) is a listed hazardous waste unless the following conditions are met: ( i) the sludges are disposed of in a RCRA Subtitle C or D landfill licensed or permitted by the state or federal government; ( ii) the sludges are not otherwise placed on the land prior to final disposal; and ( iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off site landfill. Respondents in any action brought to enforce the requirements of RCRA Subtitle C must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer and/ or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation ( e. g., contracts between the generator and the landfill owner/ operator, invoices documenting delivery of waste to landfill) that the terms of the exclusion were met.

Recordkeeping for Co Disposal of K175 Waste Under section 268.7( f), owners/ operators of facilities co disposing of wastes with wastes identified as hazardous waste K175 must maintain records available for inspection of the pH of the wastes so co disposed.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection EPA is listing as hazardous these two wastes ( K174 and K175) under the authority of sections 3001( e)( 2) and 3001( b)( 1) of RCRA, as amended by the Hazardous and Solid Waste Amendments ( HSWA). Section 3001( e)( 2) directs EPA to make a determination of whether or not to list under section 3001( b)( 1) chlorinated aliphatic wastes, among other wastes. Under this authority, EPA examined wastes from the production of chlorinated aliphatic chemicals ( e. g., using risk assessment tools) and is listing as hazardous two chlorinated aliphatics wastes, as specified. Further, under sections 2002 and 3007 of RCRA, EPA is establishing information collection requirements that are needed to ensure that the listed wastes are properly managed and disposed of.

Documentation of Disposal of K174 Sludge Under the conditional listing for K174 sludge, generators whose K174 sludge is managed as nonhazardous waste must maintain documentation demonstrating that the waste was either 3 disposed of in an on site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off site landfill. In developing the conditional listing for K174 sludge, the Agency modeled risks from two management scenarios, a nonhazardous municipal landfill and a land treatment unit. The risk assessment showed that K174 sludges pose significant risks when managed in a land treatment unit, but pose no significant risks when managed in landfills. At least one generator of K174 currently manages K174 in an on site land treatment unit. Given these findings, EPA determined that it is essential, to ensure that K174 sludges are not managed in a manner that will present an unacceptable level of risk to human health and the environment, that generators keep records documenting that these wastes are managed in a manner that the Agency determined is safe. Although the Agency establishes that documentation of safe management of K174 sludges is important, it is not EPA's intent to impose unnecessary recordkeeping burden upon generators. Therefore, EPA is establishing a flexible recordkeeping requirement. Generators of K174 sludges need only retain on site ( for three years) records documenting that previously generated K174 sludges were managed in an on site landfill or sent for off site management in a Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state and any records establishing continued intent to dispose of K174 in a RCRA Subtitle C landfill or non hazardous waste landfill permitted or licensed by a state. Such records may take the form of normally or regularly generated business documents such as invoices, shipping papers, manifests, and waste hauler or disposal facility contracts. EPA is not requiring that generators complete a separate or specific form or that generators send any records or documentation to an implementing agency. Generators need only make such documents available at the facility site.

Recordkeeping for Co Disposal of K175 Waste Based on studies of the VCM A wastewater treatment sludges ( K175) and the solubility of the mercury in this waste, EPA concludes that the stability of mercury in K175 treatment sludge is dependent upon the pH of both the waste and the disposal environment. Mercury in the waste tends to be mobilized at high pH levels. To insure operational stability of the treatment process and proper long term disposal, EPA is establishing two conditions as part of the Land Disposal Restriction ( LDR) treatment standards. First, the waste residue generated, if in mercuric sulfide form, must itself be below pH 6.0. EPA therefore requires that mercuric sulfide residues of this waste be treated to attain a pH of less than or equal to 6.0. In addition, if K175 wastes are to be co disposed in a landfill with other wastes, co disposal is restricted to wastes with similar pH ( i. e., not greater than 6.0). To demonstrate compliance with this restriction, disposal facilities co disposing of wastes identified as hazardous waste K175 with other solid or hazardous wastes must maintain records available for inspection of the pH of the wastes so co disposed. EPA believes this recordkeeping requirement is essential for the disposal facilities to demonstrate ( and for EPA on site inspectors to confirm) that they are complying with the pH restriction. 4 2( b) Practical Utility and Users of the Data In the following paragraphs, EPA discusses how the data required under the final rule will be used and identifies the primary users.

Documentation of Disposal of K174 Sludge EPA is requiring that generators whose EDC/ VCM wastewater treatment sludge ( K174) is managed as nonhazardous waste under the conditional listing maintain documentation demonstrating that the waste was disposed of in compliance with the conditions specified at 40 CFR 261.32. Because generators will not need to submit documentation of their exemption claims to the Agency before managing their K174 sludge as nonhazardous, EPA will not have any documentation in its possession about the waste generation and management practices employed by generators of nonhazardous K174 sludges. Therefore, EPA believes the recordkeeping requirement at 40 CFR 261.32 is essential for the Agency to evaluate or confirm a generator's compliance with the conditions ( e. g., during an on site inspection). In addition, respondents in any action brought to enforce the requirements of RCRA Subtitle C must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer and/ or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation ( e. g., contracts between the generator and the landfill owner/ operator, invoices documenting delivery of waste to landfill) that the terms of the exclusion were met. EPA believes that generators already keep the required information on site as a part of standard business practices; and hence, they would not incur any incremental burden from this requirement.

Recordkeeping for Co Disposal of K175 Waste EPA is requiring that, if the K175 wastes are to be co disposed in a landfill with other wastes, co disposal will be restricted to wastes with similar pH ( i. e., not greater than 6.0). Under section 268.7( f), facilities co disposing of wastes with wastes identified as hazardous waste K175 must maintain records available for inspection of the pH of the wastes so co disposed. This information will be essential to the disposal facility in demonstrating their compliance with the land disposal restriction.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication None of the new information required by the rule is duplicative with any information required by the existing RCRA regulations. Under the conditional listing for K174, EPA is establishing conditions that will relieve facilities of the RCRA Subtitle C regulations, as specified. 5 3( b) Public Notice EPA published the proposed rule in the Federal Register and solicited public comments. To assist the public in commenting on the proposal, EPA raised a number of issues in the preamble to the proposed rule and asked for the public to comment on them. At the end of the comment period, EPA reviewed and responded to the comments received and took the comments into consideration when finalizing the final rule. A summary of the major comments received and the Agency's responses is provided in the preamble to the final rule. A copy of all public comments received in response to the proposed rule and the full Agency responses are provided in Response to Public Comments, Final Listing Determination for Chlorinated Aliphatics Production Wastes.

3( c) Consultations EPA consulted stakeholders in developing the rule. In 1992, EPA distributed a detailed RCRA Section 3007 survey to chlorinated aliphatic manufacturing facilities. The purpose of the survey was to gather information on the wastes generated and the waste management practices used by this industry necessary to support the listing determinations. The questionnaire covered topics such as chlorinated aliphatic product information, facility and unit process flow diagrams, process descriptions, residual generation and residual management profiles.

The Agency distributed the survey to 57 facilities and/ or corporations in 1991 identified as potential chlorinated aliphatics manufacturers from the most recent information available at the time. Of the 57 surveys distributed, completed surveys were received from 27 facilities. These facilities were owned by 20 companies that reported that they had manufactured chlorinated aliphatics in 1991. The remaining 30 facilities notified EPA that they had either stopped operations or did not manufacture chlorinated aliphatic products. In 1991, EPA undertook an effort to update the previous survey results. As a result of these updates, the Agency determined that two chlorinated aliphatics facilities had closed and two additional facilities manufacture de minimis quantities of chlorinated aliphatics. Therefore, the Agency determined that the chlorinated aliphatics manufacturing industry consists of 23 facilities owned by 19 corporations.

EPA also conducted an exhaustive engineering review of the submitted surveys for accuracy and completeness. Data from the survey responses was then entered into a data base known as the Chlorinated Aliphatics Industry Studies Data Base ( ISDB). EPA conducted quality assurance reviews of the ISDB to identify any inappropriate entries and missing data links. The exhaustive engineering review of each facility's response resulted in follow up letters and/ or telephone calls to facility representatives seeking clarifications, corrections, and additional data where needed. The responses to these requests for clarification, along with additional information gathered during engineering site visits and familiarization and record sampling activities were entered into the data base. 6 In 1996, EPA conducted a review of data collected previously, and re contacted facility representatives to verify the status of chlorinated aliphatics manufacturing operations. In June of 1997, the Agency sent requests for updated data ( for calendar year 1996) regarding wastes generated to each facility. EPA processed the data received from this request in the same manner as the original RCRA surveys, and entered the new information into the ISDB. Between 1993 and 1996, two chlorinated aliphatics manufacturers ceased operations, resulting in a universe of 23 chlorinated aliphatics manufacturing facilities owned and operated by 19 different companies. Each of the 23 current facilities manufacturing chlorinated aliphatics generates at least one waste stream identified in the consent decree. All 23 facilities generate at least one wastewater residual, while 12 facilities reported that they generate wastewater treatment sludges.

EPA used information collected in response to the RCRA 3007 questionnaires in compiling this ICR for the listing determination for residuals generated by chlorinated aliphatic production processes. However, in compiling the information provided in this document and in estimating the burden hours and costs associated with the new requirements, EPA did not conduct additional consultations with potential respondents.

A proposed ICR was published in conjunction with the proposed rule and the public, including potential respondents, had the opportunity to provide comment and input on the assumptions and cost estimates provided in the proposed ICR. Any information provided to EPA, or OMB, in response to the proposed ICR, and/ or the Economics Background Document developed for the proposed rule, was reviewed by the Agency in developing this ICR for the final rule.

3( d) Effects of Less Frequent Collection EPA carefully considered the burden imposed upon the regulated community by this rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency attempted to minimize the burden imposed. EPA believes strongly that, if the minimum information collection requirements of the rule are not met, neither the generators nor EPA can ensure that hazardous wastes are being properly managed, and do not pose a serious threat to human health and the environment.

3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, OMB's Information Collection Review Handbook, and other applicable OMB guidance.

3( f) Confidentiality Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which defines EPA's general policy on public disclosure of information, contain provisions for confidentiality. However, the 7 Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the Notification of Regulated Waste Activity. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privacy Act of 1974 and OMB Circular 108.

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and NAICS Codes The North American Industrial Classification System ( NAICS) codes associated with industries most likely affected by the information collection requirements covered under this ICR are described below:

NAICS NAICS Description 211111 Crude Petroleum and Natural Gas Extraction 212300 31332 Nonmetallic Mineral Mining Fabric Coating Mills ( pt) 32411 Petroleum Refineries 325000 32511 Chemical Manufacturing Petrochemical Manufacturing ( pt) 325181 Alkalies and Chlorine Manufacturing 325211 Plastics Material and Resin Manufacturing 32551 Paint and Coating Manufacturing ( pt)

4( b) Information Requested Under 40 CFR 261.32, EPA is listing as hazardous two wastes generated from the production of chlorinated aliphatics wastewater treatment sludges from the production of EDC/ VCM and from the production of VCM A ( K174 and K175). EPA is establishing a conditional listing for K174, under which the waste will qualify as listed hazardous waste unless certain conditions are met, as specified. EPA is listing K175 using its traditional listing approach ( i. e., a listing without conditions). In the following paragraphs, EPA describes the new information collection requirements for these two wastes. 8 Documentation of Disposal of K174 Sludge Under 40 CFR 261.32, EPA is establishing a conditional listing for wastewater treatment sludges from the production of ethylene dichloride and/ or vinyl chloride monomer ( including sludges that result from the treatment of commingled ethylene dichloride and/ or vinyl chloride monomer wastewaters and other wastewaters). Under the conditional listing, EDC/ VCM wastewater treatment sludges ( K174) will be a listed hazardous waste unless the sludges meet the following conditions: ( i) they are disposed of in a RCRA Subtitle C landfill or a non hazardous waste landfill licensed or permitted by the state or federal government; ( ii) they are not otherwise placed on the land prior to final disposal; and ( iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off site landfill.

( i) Data Item:

Documentation demonstrating that waste was either disposed of in an on site landfill or consigned to a transporter or disposal facility that provided written commitment to dispose of the waste in an off site landfill.

( ii) Respondent Activity:

Generators whose K174 sludge is managed and disposed of under the conditional listing as nonhazardous waste must keep documentation as specified in 40 CFR 261.32.

Recordkeeping for Co Disposal of K175 Waste Under 40 CFR 268.7( f), the owner/ operator of a facility co disposing wastes with wastes identified as hazardous waste K175 must maintain records available for inspection of the pH of the wastes so co disposed.

( i) Data Item:

Records of the pH of wastes co disposed with K175.

( ii) Respondent Activity:

The owner/ operators of disposal facilities co disposing wastes with wastes identified as hazardous waste K175 must maintain records available for inspection of the pH of the wastes so co disposed, as required under 40 CFR 268.7( f). 9 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities There are no Agency activities associated with the new requirements for generators and/ or other handlers of K174 and K175 wastes.

5( b) Collection Methodology and Management All of the information collected under the listings is maintained on site at the generator's or disposer's facility. There are no Agency collection activities associated with the new requirements for generators and/ or other handlers of K174 and K175 wastes.

5( c) Small Entity Flexibility EPA attempted to incorporate flexibility into the requirements to relieve both large and small generators and owner/ operators of portions of the RCRA regulations, where appropriate ( e. g., conditional listing for K174 sludge). EPA also kept the requirements as streamlined as possible for both large and small entities, thereby further reducing their burden under the rule ( e. g., self implementing procedures for K174 conditional listing).

5( d) Collection Schedule The listings do not include any schedule for facilities to submit or for the Agency to collect information. Generators managing their K174 sludge as nonhazardous must keep specified records on site ( e. g., documentation demonstrating that the waste was either disposed of in an onsite landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off site landfill). Facilities co disposing wastes with wastes identified as hazardous waste K175 must maintain records of the pH of the wastes so codisposed

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden In Exhibit 1, EPA estimates the respondent burden associated with the new paperwork requirements that result from the listing of two chlorinated aliphatic production wastes as RCRA hazardous wastes. Specifically, EPA estimates the number of legal, managerial, technical and clerical labor hours required to complete new paperwork requirements. EPA provides these hour estimates for each individual information collection activity. 10 As shown in Exhibit 1, EPA estimates that the total annual respondent burden for all activities covered in the ICR is approximately six hours per year.

6( b) Estimating Respondent Costs EPA estimates that the total annual respondent cost associated with the new paperwork requirements is approximately $ 445. This cost includes annual labor, capital, and operation and maintenance ( O& M) costs to be incurred by respondents affected by the information collection requirements covered in this ICR. Specific data and/ or assumptions used in developing these costs are described below.

Labor Costs For purposes of this analysis, EPA estimates an average hourly respondent labor cost of $ 102 for legal staff, $ 73 for managerial staff, $ 53 for technical staff, and $ 27 for clerical staff. These labor rates were taken from approved EPA ICR Number 801 ( RCRA Hazardous Waste Manifest System, October 22, 1999).

The average hourly respondent labor cost rates and the burden hours presented in Exhibit 1 are used to estimate the respondent costs associated with all of the information collection activities covered in this ICR. EPA estimates that the total labor cost for conducting respondent activities covered in the ICR is $ 445 per year.

Capital Costs Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. The only capital associated with the paperwork requirements of this rule is file cabinets. However, EPA believes that respondents are already keeping records under 40 CFR 261.32 for the K174 sludge ( e. g., contracts between generators and landfills or invoices) as part of their routine business practice. With regard to 40 CFR 268.7( f), EPA expects that owners/ operators of facilities co disposing of wastes with K175 sludge are already keeping records of the wastes' pH under existing RCRA requirements. Thus, EPA does not expect respondents to incur capital costs associated with the purchase of file cabinets under this rule.

Operations & Maintenance Costs O& M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the PRA as " the recurring dollar amount of costs associated with O& M or purchasing services." The only activities conducted under the rule include recordkeeping ( e. g., of contractual agreements and invoices). Hence, EPA does not believe respondents would incur the O& M costs described above. [ Note: Respondents' O& M costs under the existing RCRA requirements are addressed in Exhibit 2, as appropriate.] 11 6( c) Estimating Agency Burden and Costs As stated earlier, there are no Agency activities associated with the new requirements for generators and/ or handlers of K174 and K175 wastes. Thus, there is no Agency burden or cost associated with this rule.

6( d) Estimating the Respondent Universe and Total Burden and Cost EPA estimates that 13 facilities are currently generating K174 or K175 sludge. Table 1 presents these 13 facilities' pre rule waste management practices for K174 and K175. The table also presents EPA's assumptions regarding their likely waste management practices for K174 and K175 post rule. These universe assumptions are further described in the following paragraphs in regard to the respondent activities taken under the rule.

Table 1 EPA Assumptions for K174 and K175 Sludge Management Practices: Pre Rule and Post Rule Pre Rule Practices Post Rule Practices K174 Sludge Ten facilities generate and send their K174 sludge to a Subtitle C or D landfill These ten facilities are expected to continue to send their K174 sludge under the conditional listing to a Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state One facility receives wastewater from an adjacent company via pipeline and generates the K174 sludge in its surface impoundment Two approaches are possible for managing the company's waste post rule:

( 1) The company initially generating the chlorinated aliphatics wastewater may opt to manage the wastewater on site and send the K174 sludge under the conditional listing to a Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state; or ( 2) The company initially generating the chlorinated aliphatics wastewater may opt to send the wastewaters to a POTW, avoiding the generator standards altogether Table 1 ( continued) EPA Assumptions for K174 and K175 Sludge Management Practices: Pre Rule and Post Rule 12 Pre Rule Practices Post Rule Practices One facility generates and manages its K174 sludge using land treatment This facility is expected to cease land treatment and send its K174 sludge under the conditional listing to a Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state K175 Sludge One facility generates K175 sludge. Although this facility has determined that the sludge is non hazardous, the facility sends the sludge to a Subtitle C landfill This facility is expected to send its K175 sludge to a permitted hazardous waste treatment facility for stabilization to ensure compliance with the LDR standards prior to Subtitle C disposal Reading the Regulations EPA estimates that 12 facilities are currently generating K174 sludge. One of these 12 facilities is not a chlorinated aliphatic production facility, but receives wastewater from an adjacent chlorinated aliphatics facility and subsequently generates and manages the resulting K174 sludge. Under the rule, EPA expects all 13 facilities ( i. e., the 12 facilities currently generating the K174 sludge and the company sending its sludge to an adjacent facility) to read the regulations once over the life of the ICR. EPA also estimates that one facility generates K175 sludge and will read the rule. Thus, as shown in Exhibit 1, EPA expects that 14 facilities will read the applicable regulations once during the three year period covered by this ICR. [ Note that Exhibit 1 presents annual burden and costs over the three year effective life of the ICR. The exhibit presents the burden and cost of one time activities by dividing the total number of respondents by three ( 14 facilities / 3 years = approximately 5 facilities per year).]

As shown in Exhibit 1, EPA assumes that each respondent will incur a burden of 0.25 hours of legal labor, 0.5 hours of managerial labor, and 0.5 hours of technical labor annually to read the regulations. These 1.25 hours of labor burden result in a total annual labor cost per respondent of $ 88.50. The Agency estimates that it will not take facility personnel a significant amount of time to read and become familiar with the regulations because these facilities already are regulated under RCRA and are familiar with existing generator requirements. The total estimated annual costs associated with the burden of reading the regulations for all 14 respondents ( or 5 facilities per year over the three year period of the ICR) is approximately $ 443 ( i. e., 5 x $ 88.50). 13 EXHIBIT 1 HAZARDOUS WASTE LISTINGS FOR CHLORINATED ALIPHATICS PRODUCTION WASTES ( K174 AND K175)

ESTIMATED ANNUAL RESPONDENT BURDEN AND COST Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $ 102.00/ hr Manager $ 73.00/ hr Technical $ 53.00/ hr Clerical $ 27.00/ hr Respondent.

Hours/

Year Labor Cost/

Year Capital/

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

Year Total Cost/

Year Reading the regulations Read the regulations 0.25 0.50 0.50 0.00 1.25 $ 88.50 $ 0.00 $ 0.00 5 6.25 $ 442.50 Documentation of Disposal of K174 Sludge ( 261.32)

Keep documentation on site, as specified 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 4 0.00 $ 0.00 Recordkeeping for Co Disposal of K175 Waste ( 268.7( f))

Maintain records of pH of wastes co disposed with K175 0.00 0.00 0.00 0.10 0.10 $ 2.70 $ 0.00 $ 0.00 1 0.10 $ 2.70 Total varies varies varies varies varies varies varies varies varies 6.35 $ 445.20 14 1 Under 40 CFR 261.4( a)( 1)( ii), any mixture of domestic sewage and other wastes that passes through a sewer system to a POTW for treatment is not considered a solid waste and thus is excluded from RCRA. Therefore, under this waste management approach, neither the company generating the wastewater nor the POTW are subject to RCRA requirements for the K174 sludge.

2 Note that EPA does not expect either the receiving facility or the adjacent company to incur any RCRA paperwork costs for the K174 sludge under any of the possible post rule waste management practices described in Table 1, i. e., in shipping the K174 sludge under the conditional listing to a Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state or in shipping the wastewater to a POTW. Documentation of Disposal of K174 Sludge As shown in Table 1, 11 facilities are expected to send their K174 sludge under the conditional listing to a Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state. In addition, EPA expects that the facility receiving off site wastewater for the adjacent company will discontinue this practice; the company initially generating the wastewater is expected to send the wastewater to a publicly owned treatment works ( POTW). 1,2 EPA estimates that all 11 facilities generating K174 sludge will dispose of their sludge in Subtitle C landfill or a non hazardous waste landfill permitted or licensed by a state and keep the documentation on site in accordance with the requirements under 40 CFR 261.32. However, EPA expects that none of these facilities will incur any burden or cost under the recordkeeping requirement, since the required documentation is assumed to be readily available contracts and/ or invoices. [ Note that the exhibit presents annual burden and costs over the three year effective life of the ICR. The exhibit presents the burden and cost of one time activities by dividing the total number of respondents by three ( 11 facilities / 3 years = approximately 4 facilities per year).] As shown in Exhibit 1, EPA estimates the total burden for the 11 generators ( or 4 facilities per year over a three year period) to comply with the requirement to keep documentation of proper management of K174 to be $ 0.

Recordkeeping for Co Disposal of K175 Sludge Only one facility currently generates K175 sludge. This generator previously notified EPA of its waste generation activities and has an EPA identification number. EPA expects that no new generators will adopt the process that generates this waste.

EPA believes the facility's K175 sludge might meet the LDR treatment standard as generated. However, for purposes of this ICR, EPA made the conservative assumption that the facility will send its K175 sludge to a permitted hazardous waste treatment facility for stabilization to ensure compliance with the LDR standards prior to disposal. The treatment facility is expected to send the stabilized waste to a RCRA Subtitle C landfill. EPA assumes the landfill will co 15 dispose other hazardous wastes with the K175 sludge and retain records that will be available for inspection, of the pH of the wastes so co disposed, as required under 40 CFR 268.7( f).

Exhibit 1 reflects the assumption that the one disposal facility receiving the K175 waste will keep records as required under section 268.7( f). EPA expects the landfill to incur nominal burden under this requirement ( 0.10 hour of clerical labor at $ 27.00/ hr), since the Agency believes information on the pH of wastes co disposed with K175 will be kept on site under existing RCRA requirements ( e. g., 40 CFR 264.73( b)( 3) or 265.76( b)( 3)). [ Note: Refer to Exhibit 2 for the annual burden and cost to facilities in complying with the existing RCRA information collection requirements for the K175 waste.] As shown in Exhibit 1, EPA estimates the total annual burden for the landfill to comply with the requirement to keep records on the pH of the wastes codisposed with K175 to be approximately $ 3.

Total Respondent Burden and Cost In Exhibit 2, EPA presents a summary of the total annual respondent burden and costs associated both new and existing paperwork requirements. The new paperwork requirements result from the listing of two chlorinated aliphatic production waste. The specific information collection activities of the new paperwork requirements are described throughout this ICR, and the total annual burden and cost estimates associated with them are calculated in Exhibit 1, summarized in Exhibit 2, and briefly described below. The existing paperwork requirements are those that are contained in the current RCRA regulations and that apply to generators and handlers of the two, newly listed chlorinated aliphatic production wastes. These existing requirements, the existing ICRs with which they are associated, and the total annual burden and cost associated with them also are summarized in Exhibit 2 and briefly described below.

New Paperwork Requirements Using the per respondent burden estimated in section 6( a), the per respondent costs estimated in section 6( b), and the respondent universe estimated in this section, Exhibit 1 illustrates the total annual respondent burden and costs associated with all of the new information collection activities associated with the newly listed wastes. As noted above, this exhibit presents the annual burden and costs over the three year effective life of the ICR. The exhibit calculates the burden and cost of one time activities by dividing the total number of respondents by three ( e. g., 11 facilities generating K174 / 3 years = approximately 4 facilities per year). In Exhibit 2, EPA summarizes the total annual respondent burden and cost of these new paperwork requirements derived in Exhibit 1.

Existing Paperwork Requirements In addition to the new paperwork requirements from these listings, EPA also estimated the incremental burden and costs that generators of the listed chlorinated aliphatics wastes and 16 EXHIBIT 2 HAZARDOUS WASTE LISTINGS FOR CHLORINATED ALIPHATICS PRODUCTION WASTES ( K174 AND K175)

TOTAL ANNUAL RESPONDENT BURDEN AND COST SUMMARY ( INCLUDING INCREMENTAL INCREASE IN PAPERWORK BURDEN FOR EXISTING EPA ICRs)*

ICR Name ICR Number Total Hours/ Year Total Labor Cost/ Year Total Annual Capital Cost Total O& M Cost Total Cost New Paperwork Requirements Hazardous Waste Listing for Chlorinated Aliphatics Production Wastes 1924 6 $ 445 $ 0 $ 0 $ 445 Existing Paperwork Requirements Manifest 801 9 $ 463 $ 0 $ 3 $ 466 Biennial Report 976 1 $ 29 $ 0 $ 0.06 $ 29 Land Disposal Restrictions 1442 0.40 $ 14 $ 0 $ 0.37 $ 15 General Facility Standards 1571 61 $ 3,384 $ 0 $ 0 $ 3,384 Part B Permit Application, Permit Modifications, and Special Permits 1573 16 $ 904 $ 0 $ 12 $ 916 Subtotal ( Existing Paperwork Requirements) N/ A 87 $ 4,794 $ 0 $ 15 $ 4,809 Total ( New and Existing Paperwork Requirements Combined) N/ A 93 $ 5,239 $ 0 $ 15 $ 5,254 * Exhibit includes rounding. 17 subsequent hazardous waste handlers would incur in complying with existing RCRA information collection requirements for their K174 and K175 listed waste. In Exhibit 2, EPA presents the total annual respondent burden and cost summary for the existing paperwork requirements broken out by the five existing EPA ICRs that are affected by the new listings. In developing Exhibit 2, EPA reviewed each of the affected ICRs to identify the existing information collection activities that will be undertaken by generators and handlers of listed chlorinated aliphatics wastes, calculated the associated burden and costs, and presented the totals in the exhibit.

The total costs in Exhibit 2 are broken down into labor, capital, and operation and maintenance ( O& M) costs. In Section 6( b), EPA presents a discussion of the capital and O& M costs associated with new paperwork requirements from the rule. Below, EPA presents a brief discussion of the capital and O& M costs associated with each of the five existing ICRs that are affected by the K174 and K175 listings.

For the Manifest ICR ( ICR No. 801), O& M costs are associated with sending and returning copies of the manifest forms and submitting manifest related reports. For the Biennial Report ICR ( ICR No. 976), O& M costs are associated with submitting the Hazardous Waste report and maintaining copies of Waste Generation and Management ( GM) and Waste Received from Off Site ( WR) Forms. For the Land Disposal Restrictions ICR ( ICR No. 1442), O& M costs are associated with transmittal and recordkeeping of one time LDR notifications and certifications. For the General Facility Standards ICR ( ICR No. 1571), there are no O& M costs. For the Part B ICR ( ICR No. 1573), O& M costs are associated with submitting the notification under § 270.42( a)( i), submitting the written notification to the public and appropriate governments, and submitting and maintaining a copy of the Class 1 modification request.

6( e) Bottom Line Burden Hours and Costs Respondent Tally In Exhibit 2, EPA presents the total annual respondent burden and cost for both new and existing paperwork associated with the listings of two chlorinated aliphatic production wastes. As described specifically in Section 6( d) above, these new and existing paperwork requirements apply to generators and handlers of these newly listed hazardous wastes. As shown in Exhibit 2, the total annual respondent burden for these new paperwork requirements is six hours, at an annual cost of approximately $ 445. As also shown in Exhibit 2, the total annual respondent burden for these existing paperwork requirements, which are associated with five existing EPA ICRs, is 87 hours, at an annual cost of approximately $ 4,809. In the same Exhibit 2, EPA then combines the burden and cost for both new and existing paperwork associated with the listings and estimates the total annual respondent burden for all information collection activities at 93 hours and an annual cost of approximately $ 5,254.

The bottom line respondent burden over the three year period covered by this ICR is 279 hours, at a total cost of approximately $ 15,765. 18 Agency Tally There are no Agency activities associated with the new requirements for generators and/ or handlers of K174 and K175 wastes. Thus, there is no Agency burden or cost associated with this rule.

6( f) Reasons for Change In Burden In establishing the K174 and K175 listings, EPA added some new information collection requirements to ensure that the wastes are managed and disposed of in a manner that is protective of human health and the environment. The listings also will subject the newly listed chlorinated aliphatics wastes to the existing RCRA information collection requirements and, as such, reflect an adjustment in the respondent universe for these requirements in the five affected EPA ICRs.

6( g) Burden Statement There is no public reporting burden from the new information collection requirements in the listings. The recordkeeping burden from the new requirements is estimated to be about 25 to 30 minutes per respondent per year. This burden includes time for reading the regulations ( once per respondent over three years) and maintaining documentation on site.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 1.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Ave., NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.