SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST # 1571.08 " GENERAL HAZARDOUS WASTE FACILITY STANDARDS"

February 13, 2006 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Characterization of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2( b) Use and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3( b) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3( c) Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 6( b) Estimating Respondent Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 6( c) Estimating Agency Burden and Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 6( d) Respondent Universe and Total Respondent Burden and Costs . . . . . . . . . . . . . . . . . . . 64 Exhibit 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Exhibit 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Exhibit 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Exhibit 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Exhibit 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Exhibit 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Exhibit 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Exhibit 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Exhibit 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Exhibit 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Exhibit 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 6( e) Bottom Line Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 6( f) Reasons for Change in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 1 6( g) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) TITLE AND NUMBER OF THE INFORMATION COLLECTION This ICR is entitled " General Hazardous Waste Facility Standards ( Renewal)," ICR # 1571.08 and OMB Control # 2050 0120.

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

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

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

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

C Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste; and C Maintaining or operating such facilities and requiring such additional qualifications as to ownership, continuity of operation, training for personnel, and financial responsibility as may be necessary or desirable.

The regulations implementing these requirements are codified in the Code of Federal Regulations ( CFR) Title 40, Parts 264 and 265. A brief summary of the information collection requirements associated with each TSDF regulation for the above areas is provided below. A more specific discussion of the data elements and respondent activities associated with each of the information collection requirements is presented in Section 4.

GENERAL FACILITY OPERATING REQUIREMENTS EPA promulgated the general facility standards in 40 CFR Parts 264 and 265, Subpart B. In order to comply with these regulations, owners or operators of TSDFs must collect, record, and in some cases report, data to EPA. Information collection requirements associated with the general facility standards regulations include:

C Foreign Shipment Import Report ( § 264.12( a) and § 265.12( a)); 2 C Notice of Appropriate Permits ( § 264.12( b));

C Notice of Part 264 and Part 270 Requirements ( § 264.12( c) and § 265.12( b));

C Waste Analysis ( § 264.13( a)( 1) and § 265.13( a)( 1));

C Waste Analysis Plan ( § 264.13( b) and § 265.13( b));

C Inspection Schedule ( § 264.15( d) and § 265.15( d));

C Personnel Training ( § 264.16( d) and § 265.16( d));

C Documentation of Compliance for Ignitable, Reactive, or Incompatible Wastes ( § 264.17( c)); and C Construction Quality Assurance Plan ( § 265.19).

EPA uses the general facility information to determine whether facilities are operating in a manner that is protective of human health and the environment.

RECORDKEEPING REQUIREMENTS In 40 CFR 264.73 and 265.73, EPA promulgated regulations directing owners or operators of hazardous waste TSDFs to keep written operating records at their facilities. Since the operating record is not submitted to EPA but must be available for inspection, maintaining an operating record is a recordkeeping activity. The operating record contains information regarding general operating practices conducted at the facility. Other recordkeeping requirements under 40 CFR Parts 264 and 265, Subpart E, include maintaining copies of records of waste disposal locations and quantities ( § § 264.74( c) and 265.74( c)). In addition, 40 CFR 264.37( b) requires facilities to document in the operating record any refusal of State or local authorities to enter into arrangements for emergency situations. Information collected pursuant to these regulations is used by EPA and the owner or operator to assure safe operation of the facility.

CONTINGENCY PLAN AND EMERGENCY PROCEDURES Contingency plan and emergency procedure regulations promulgated in 40 CFR 264.51 through 264.54 and 264.56, and 265.51 through 265.54 and 265.56, require permitted and interim status facilities to prepare and maintain contingency plans and comply with emergency reporting and recordkeeping requirements. The contingency plan describes the actions facility personnel will take should a fire, explosion, or any unplanned sudden or non sudden release of hazardous waste constituents to air, soil, or surface water occur. Local emergency response teams use the information required in the contingency plan to minimize unanticipated damage from the treatment, storage, or disposal of hazardous waste. The contingency plan also enables EPA to assess the effectiveness of facility responses to incidents that may threaten human health or the environment.

Other emergency reporting and recordkeeping requirements under 40 CFR Parts 264 and 265, Subpart D, include notifying State and local authorities of an imminent or actual emergency situation 3 ( 264.56( a)( 2) and 265.56( a)( 2)), and notifying local authorities of the need to evacuate local areas ( 264.56( d)( 1) and 265.56( d)( 1)). If a release, fire, or explosion occurs, the owner or operator must notify the on scene coordinator or the National Response Center ( 264.56( d)( 2) and 265.56( d)( 2)). Owners and operators also must notify the Regional Administrator that a facility is in compliance with specific regulations before operations resume in any area affected by an emergency situation ( § § 264.56( i) and 265.56( i)), and submit a report to the Regional Administrator containing details of any emergency situation that requires implementation of the contingency plan ( § 264.56( j) and 265.56( j)).

RELEASES FROM SOLID WASTE MANAGEMENT UNITS In 40 CFR Part 264, Subpart F, EPA promulgated regulations pertaining to releases from solid waste management units. Section 264.96( c) requires owners and operators to prepare and submit a demonstration for termination of the compliance period during which the ground water protection standard of § 264.92 applies. Under 40 CFR 264.97( g), owners and operators must propose to EPA an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit.

CLOSURE AND POST CLOSURE REQUIREMENTS In 40 CFR Parts 264 and 265, Subpart G, EPA promulgated regulations requiring owners or operators to provide for the proper closure of hazardous waste management ( HWM) facilities, and for proper post closure care of hazardous waste disposal facilities. Under 40 CFR 264.112, 265.112, 264.118, and 265.118 owners or operators are required to maintain closure and post closure plans at the facilities, notify EPA and amend the closure and post closure plans when appropriate, and submit these plans to EPA when necessary. Other closure and post closure requirements under Subpart G of Part 264 and 265 include requiring owners or operators to:

C Demonstrate that they can comply with specific regulations if requesting an extension for treatment, storage, or removal of hazardous waste ( § § 264.113( a) and 265.113( a)); Demonstrate that they can comply with specific regulations if requesting an extension for completing closure activities under an approved closure plan ( § § 264.113( b) and 265.113( b)); Demonstrate that they can comply with specific regulations if requesting an allowance to receive non hazardous waste after the final receipt of hazardous waste ( § § 264.113( d) and 265.113( d)); Certify that a facility has been closed in accordance with the approved closure and post closure plans ( § § 264.115, 265.115, 264.120, and 265.120); Submit a certified survey plat ( § § 264.116 and 265.116); Submit an amended post closure plan, if necessary ( § 265.118( d)( 4)); Submit a modified post closure plan, if the original plan is not approved by EPA ( § 265.118( f)); Submit a petition to extend or reduce the postclosure period ( § 265.118( g)( 1)); and C Submit a record of the type, location, and quantity of hazardous wastes disposed of at the facility, record a notation on the property deed according to the requirements in § § 264.119( b)( 1) and 265.119( b)( 1), submit certification of this notation, and request a modification to the post closure permit, if necessary. ( § § 264.119 and 265.119).

EPA uses closure and post closure plans to ensure that hazardous waste management facilities close in accordance with the Congressional mandate of protecting human health and the environment. EPA reviews closure certifications to determine whether closure took place in accordance with the approved 4 closure plan and EPA, local authorities, and potential purchasers of a closed facility review closure notices to ensure that future uses of the site will not lead to a release of hazardous waste.

FINANCIAL REQUIREMENTS In 40 CFR Parts 264 and 265, Subpart H, EPA promulgated regulations requiring owners or operators to establish financial assurance mechanisms for closure, post closure care, and liability for thirdparty bodily injury or property damage, and to provide EPA with evidence of such established financial mechanisms. Owners or operators are also required by Subpart H to provide initial cost estimates and subsequent updates of those estimates for closure and post closure care. EPA uses these financial assurance requirements to ensure, in the case of closure and post closure care, that hazardous waste management facilities have the financial means to conduct closure or post closure care, and in the case of liability requirements, that human health and the environment are protected in the event of accidental release of hazardous constituents from the facility.

CONDITIONS APPLICABLE TO ALL PERMITS 40 CFR Part 270, Subpart C specifies conditions applicable to all RCRA permits. 40 CFR 270.30( h) requires owners and operators of permitted facilities to furnish any relevant information requested by EPA to determine whether cause exists for modifying, revoking and reissuing, or terminating a permit, or to determine compliance with the permit. In addition, section 270.30( l) specifies the following reporting requirements, which are applicable to all permitted facilities:

C Notice of planned physical alterations or additions ( 270.30( l)( 1)); Notice of planned changes or activities which may result in noncompliance ( 270.30( l)( 2)); Letter certifying that the facility has been constructed or modified in compliance with the permit ( 270.30( l)( 2)( i)); Monitoring reports ( 270.30( l)( 4)); Reports of compliance or noncompliance with compliance schedule ( 270.30( l)( 5)); Information concerning a release that may threaten drinking water ( 270.30( l)( 6)( i)( A)); Information concerning a release, fire, or explosion that could threaten human health or the environment outside of the facility ( 270.30( l)( 6)( i)( B)); Notice of noncompliance due to a release, fire, or explosion ( 270.30( l)( 6)( iii)); Report of other noncompliance ( 270.30( l)( 10)); and C Submittal of originally omitted or corrected information ( 270.30( l)( 11)).

2. NEED FOR AND USE OF THE COLLECTION 2( a) NEED AND AUTHORITY FOR THE COLLECTION This section describes the need and authority for each type of information collection analyzed in this ICR.

GENERAL FACILITY OPERATING REQUIREMENTS ( 1) Foreign Shipment Import Report 5 EPA promulgated regulations in § § 264.12( a) and 265.12( a) requiring owners and operators of hazardous waste facilities that have arranged to receive hazardous wastes from foreign sources to notify the Regional Administrator in writing at least four weeks prior to the expected date of arrival of the shipments at the facility. EPA uses information in the foreign shipment import report to determine: ( 1) whether hazardous wastes will be transported safely to the United States, and ( 2) whether the waste will be managed in a manner that is protective of human health and the environment. The foreign shipment import report requirement contributes to EPA's goal of minimizing detrimental impacts to the environment resulting from the unsafe transportation and management of hazardous waste.

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

( 3) Notice of Part 264 or 265 and Part 270 Requirements Sections 264.12( c) and 265.12( b) require owners and operators transferring ownership of a facility during its operating life, or of a disposal facility during the post closure care period, to notify the new owner or operator in writing of the requirements of 40 CFR Parts 264 and 270. This information is needed to help new owners and operators understand applicable regulations and facilitate compliance.

( 4) Waste Analysis EPA promulgated regulations in § § 264.13( a)( 1) and 265.13( a)( 1) requiring owners or operators to obtain a detailed chemical and physical analysis of a representative sample of the waste that will be received. EPA and the owner or operator use information obtained in the waste analysis sample to determine: 1) whether a facility can adequately handle incoming waste, and 2) whether the waste is really what the generator claims it to be. The owner or operator also uses information obtained from the waste analysis to determine whether there are any potential dangers from handling the waste. The waste analysis requirement contributes to EPA's goal of preventing releases or reactions of hazardous waste on site.

( 5) Waste Analysis Plan Sections 264.13( b) and 265.13( b) state that the owner or operator of a hazardous waste facility must develop and follow a written waste analysis plan that describes the procedures to be used in obtaining a detailed chemical and physical analysis of the waste. EPA uses the waste analysis plan as a planning tool to ensure the quality of information obtained from the waste analysis samples required in 264.13( a)( 1) and 265.13( a)( 1). 6 ( 6) Inspection Schedule EPA promulgated regulations in § § 264.15( d) and 265.15( d) requiring the owner or operator of a facility to record inspections in an inspection log or summary. EPA and owners and operators use information in the inspection log to determine whether facility equipment is safe for handling hazardous waste. The inspection requirement contributes to EPA's goal of preventing hazardous waste constituents from being released into the environment due to faulty or deteriorated equipment.

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

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

( 9) Construction Quality Assurance Plan Section 265.19( b) requires each owner or operator of a surface impoundment, waste pile, or landfill to develop a written construction quality assurance ( CQA) plan that identifies steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan helps to ensure proper structural stability and integrity of all unit components, and proper construction of all units.

RECORDKEEPING REQUIREMENTS EPA promulgated regulations in 40 CFR 264.73 and 265.73 directing owners or operators of hazardous waste treatment, storage, or disposal facilities to keep a written operating record at the facility. Other recordkeeping requirements under 40 CFR Parts 264 and 265, Subpart E, include submitting copies of records of waste disposal locations and quantities under § § 264.73( b)( 2) and 265.73( b)( 2) to the Regional Administrator and local land authority upon closure of the facility ( § § 264.74( c) and 265.74( c)). In addition, 40 CFR 264.37( b) requires facilities to document in the operating record any refusal of State or local authorities to enter into arrangements for emergency situations. EPA uses information collected 7 pursuant to these regulations to select appropriate corrective action and cleanup measures should an unanticipated release of hazardous waste occur. EPA compliance officials refer to the operating record to determine the following: 1) what cleanup measures are appropriate and 2) whether operating requirements can be better tailored to the needs of a particular site. EPA anticipates that the owner or operator will use information included in the operating record to prevent receiving, or placing in proximity, wastes that are incompatible with other wastes that are likely to ignite or explode. Requiring facilities to develop and maintain an operating record and conduct the recordkeeping activities contributes to EPA's goal of minimizing damage to the environment due to the treatment, storage, or disposal of hazardous waste.

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

RELEASES FROM SOLID WASTE MANAGEMENT UNITS Under 40 CFR 264.96( c), EPA requires owners and operators to demonstrate that the groundwater protection standard has not been exceeded for a period of three years to ensure that the compliance period can be safely terminated. 40 CFR 264.97( g) requires owners and operators to prepare and submit an appropriate sampling procedure and interval to ensure that ground water monitoring is being performed accurately and adequately.

CLOSURE AND POST CLOSURE REQUIREMENTS EPA promulgated regulations in 40 CFR Parts 264 and 265, Subpart G ( § § 264.112, 264.115, 264.116, 264.118 120 and 265.112, 265.113, 265.115, 265.116, and 265.118 120), that require owners and operators to develop closure and post closure plans, amend these plans when appropriate, and submit to EPA closure certifications and post closure notices. EPA reviews information in the closure and postclosure plans to determine whether closure and post closure activities will comply with the regulatory requirements. EPA uses information in the closure certifications to determine that closure took place in accordance with the approved closure plan. EPA, local authorities, and potential purchasers of a closed facility review information included in the post closure notices to determine what future uses of the site will not lead to a release of hazardous waste.

In addition, 40 CFR 264.113 and 265.113 allow owners and operators to apply for allowances and 8 extensions during the closure period by preparing and submitting demonstrations. These demonstrations are needed to ensure that any activities taking place during closure are protective of human health and the environment.

Requiring facilities to comply with these regulations contributes to EPA's goal of ensuring that all hazardous waste management facilities are closed in a manner that minimizes the need for post closure maintenance, and controls, minimizes, or eliminates post closure escape of waste, leachate, contaminated rainfall, or waste decomposition products to ground or surface waters and the atmosphere to the extent necessary to protect human health and the environment.

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

( 1) Closure and Post Closure Financial Assurance Requirements The need for financial assurance of closure and post closure care is indicated by the numerous instances of environmental damage resulting from abandonment of hazardous waste management ( HWM) facilities and other failures by owners and operators to provide adequately for closure and post closure care. The likelihood of such failure is increased by the fact that the costs for closure and post closure care are expected to commence when the economic value of the facility is either at a minimum or nonexistent. For most disposal facilities, post closure care will extend for at least 30 years beyond the operating life of the facility.

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

( 2) Liability Requirements The liability requirements are designed to assure that funds will be available during the operating life of a facility from which third parties can seek compensation for bodily injury and property damage arising from the operation of the facility. The liability requirements are necessary for several reasons. First, the requirements provide protection to human health and the environment by assuring that funds are available to owners and operators to compensate for damage caused by accidents at hazardous waste facilities, including payments for bodily injury and property damage. In addition, the Agency believes that without liability coverage requirements, there would be less public confidence in and greater opposition to proposed and existing hazardous waste facilities. The liability requirements also result in other potential benefits for human health and the environment: the incentive, in the form of lower insurance premiums, to improve design and operation of the facility, and the oversight that insurers provide over facility operations. 9 CONDITIONS APPLICABLE TO ALL PERMITS EPA promulgated conditions applicable to all permits at 40 CFR Part 270, Subpart C. Information collected under this authority is needed to ensure that permittees are complying with permit conditions, and to determine whether cause exists for modifying, revoking and reissuing, or modifying a permit.

2( b) USE AND USERS OF THE DATA GENERAL FACILITY OPERATING REQUIREMENTS ( 1) Foreign Shipment Import Report, Notice of Appropriate Permit( s), and Notice of Part 264 and Part 270 Requirements EPA uses foreign shipment import reports to determine the quantities and types of hazardous wastes being imported from abroad. Information in the foreign shipment import report also allows EPA to determine whether hazardous wastes will be safely transported and managed.

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

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

( 2) Waste Analysis, Waste Analysis Plan, Inspection Schedule, and Documentation of Compliance The waste analysis and waste analysis plan, as well as the inspection schedule and documentation of compliance for ignitable or incompatible wastes, are primarily internal recordkeeping requirements used by owners and operators of facilities to assure that they can adequately handle incoming waste, to assure that the incoming waste is really what the generator claims it to be, and to prevent undetected releases or reactions of hazardous waste on site. Much of the information in the waste analysis plan will also be used to provide a quality assurance check on both the generator and the owners' and operators' facilities.

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

RECORDKEEPING REQUIREMENTS The facility owner or operator uses information included in the operating record and waste disposal location and quantity records to prevent the facility from receiving or placing in proximity wastes that are 10 incompatible or that are likely to ignite or explode. If an unanticipated release of hazardous waste occurs, the owner or operator may review information in the operating record to determine the composition of the waste. Reviewing information in the operating record facilitates the owner's or operator's selection of an appropriate corrective action and cleanup measure. By providing facility specific data, the operating record also enables EPA compliance officials to determine whether operating requirements can be better tailored to the needs of a particular site.

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

RELEASES FROM SOLID WASTE MANAGEMENT UNITS EPA uses data demonstrating compliance with the ground water protection standard to ensure that the compliance period can be safely terminated. EPA collects and reviews proposed sampling procedures and intervals to ensure that facilities are taking appropriate steps to ensure that any ground water contamination is detected rapidly and effectively.

CLOSURE AND POST CLOSURE REQUIREMENTS EPA uses information contained in closure and post closure plans to determine whether an owner or operator's planned closure and post closure activities will comply with environmental regulations. EPA officials use information contained in closure certifications to ensure that the owner or operator closed his/ her facility according to the specifications outlined in the approved closure plan. EPA uses information contained in demonstrations to ensure that any activities taking place during the closure period are protective of human health and the environment. Local authorities, EPA, and potential purchasers of a closed facility review information included in post closure notices to ensure that new owners or operators will not use land in a manner that will lead to a release of hazardous waste into the environment.

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

CONDITIONS APPLICABLE TO ALL PERMITS EPA uses data collected from permitted facilities to evaluate compliance with the terms of the permit and to decide whether cause exists for modifying, revoking and reissuing, or terminating the permit. 11 By collecting this information, EPA ensures that permitted facilities are operating in a manner protective of human health and the environment.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) NONDUPLICATION Most of the information required by the regulation is not available from any source but the respondents. To avoid duplicating previous work, EPA is allowing respondents to draw upon similar analyses in compiling data for waste analysis and testing requirements, provided the information meets the requirements specified in the regulations.

3( b) CONSULTATIONS The burden hours and cost estimates for this ICR have been well established, and no additional consultations have been made. Based on a comment received for the 1999 ICR, we solicited comments on the burden of doing waste analyses in the Federal Register ( see section 6( d)( 4)). No comments were received on that item, so the burden has not been changed.

3( c) PUBLIC NOTICE In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on September 8, 2005 ( 70 FR 53356), and provided a 60 day comment period. No comments were received.

3( d) EFFECTS OF LESS FREQUENT COLLECTION EPA has carefully considered the burden imposed upon the regulated community by the general facility standards. EPA is confident that those activities required of respondents are necessary, and to the extent possible, have attempted to minimize the burden imposed. EPA believes strongly that if the minimum requirements specified under the regulations are not met, neither the facilities 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 In general, the information collection requirements covered by this ICR adhere to the guidelines stated in the 1995 Paperwork Reduction Act as amended, OMB's implementing regulations, EPA's Information Collection Review Handbook, and other applicable OMB guidance. However, certain general facility regulations listed below require TSDFs to retain records for more than three years. As explained below, EPA believes that maintenance of these records for longer than three years meets substantial needs to protect human health and the environment 12 GENERAL FACILITY OPERATING STANDARDS ( 1) General Inspection Requirements The general inspection requirements require the owner or operator to keep inspection records at the facility for at least three years from the date of inspection. Keeping inspection records for longer than three years may be advisable to keep track of any long standing violations or continued areas of concern regarding potential spills, leaks or mismanagement of the hazardous wastes.

( 2) Personnel Training Training records on current employees must be kept at the facility until closure of the facility. Records of former employees must be held for at least three years after the date the employee left the facility. Keeping these records will provide documentation of preparations made for handling hazardous waste, and allow the facility to keep up to date on its employee training.

OPERATING RECORD Owners or operators are required to maintain an operating record at the facility until closure. This record will help ensure compliance with the hazardous waste regulations, and make it easier to locate the cause of any potential hazardous waste leak or spill.

CLOSURE/ POST CLOSURE PLANS Owners or operators are required to keep a copy of the closure plan at the facility until closure. The owner or operator is also required to keep the certification of closure at the facility until the facility is released from financial assurance requirements for closure. These requirements assure that the facility is closing in accordance with the regulations at the least possible risk to human health and the environment.

3( f) CONFIDENTIALITY Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality. EPA does not anticipate requesting any confidential information.

3( g) SENSITIVE QUESTIONS No questions of a sensitive nature are included in any of the information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) RESPONDENTS/ NAICS CODES The following is a list of North American Industrial Classification System ( NAICS) codes associated with industries most likely affected by the information collection requirements covered under this ICR. 13 323110 Commercial Lithographic Printing 323114 Quick Printing 325131 Inorganic Dye and Pigment Manufacturing 325188 All Other Basic Inorganic Chemical Manufacturing 325998 All Other Miscellaneous Chemical Product Manufacturing 331311 Alumina refining 325211 Plastics Material and Resins Manufacturing 32551 Paint and Coating Manufacturing 32511 Petrochemical Manufacturing 32512 Industrial Gas Manufacturing 325188 All Other Inorganic Chemical Manufacturing 325193 Ethyl Alcohol Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 325998 All Other Miscellaneous Chemical Product Manufacturing 311942 Spice and Extract Manufacturing 32411 Petroleum Refineries 332813 Electroplating, Plating, Polishing, Anodizing and Coloring 33271 Machine Shops 332991 All Other Miscellaneous Fabricated Metal Product Manufacturing 333319 Other Commercial or Service Industry Machinery Manufacturing Accessories 333999 All Other General Purpose Machinery Manufacturing 336399 All Other Motor Vehicle Part Manufacturing 334 Computer and Electronic Product Manufacturing 336 Transportation Equipment Manufacturing 48422 Specialized Freight ( except Used Goods) Trucking, Local 56211 Waste Collection 22111 Electric Power Generation 22112 Fossil Fuel Electric Power Generation 22132 Sewage Treatment Facilities 56292 Materials Recovery Facilities 56221 Waste Treatment and Disposal 42271 Petroleum Bulk Stations and Terminals 45431 Fuel Dealers 4411 Automobile Dealers 4471 Gasoline Stations 811111 General Automotive Repair 4( b) INFORMATION REQUESTED The following subsections summarize the data items and respondent activities required for each of the information collection requirements discussed in this ICR. The information collection requirements are divided into seven categories:

C General facility operating requirements;

C Recordkeeping requirements; 14 C Contingency plan and emergency reporting and recordkeeping requirements;

C Releases from solid waste management units;

C Closure and post closure requirements;

C Financial requirements;

C Corrective action management unit requirements; and C Conditions applicable to all permits.

GENERAL FACILITY OPERATING REQUIREMENTS ( 1) Foreign Shipment Import Report ( i) Data items:

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

C Description of the type and quantity of waste to be received;

C Date shipment is expected to arrive; and C Description of how imported waste will be managed at the facility.

( ii) Respondent activities:

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

C Read the regulations;

C Collect data; and C Prepare and submit the notification. 15 ( 2) Notice of Appropriate Permits ( i) Data item:

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

( ii) Respondent activities:

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

C Read the regulations;

C Prepare and submit the one time notice; and C Retain a copy of the notice.

( 3) Notice of Part 264 and Part 270 Requirements ( i) Data item:

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

( ii) Respondent activities:

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

C Read the regulations; and C Prepare and submit the notice.

( 4) Waste Analysis ( i) Data items:

Sections 264.13( a)( 1) and 265.13( a)( 1) require an owner or operator to obtain a detailed chemical and physical analysis of any hazardous waste he or she intends to treat, store, or dispose. Sections 264.13( a)( 2) and 265.13( a)( 2) state that the analysis may include data, either existing or published, developed under 40 CFR Part 261, as well as existing data on the hazardous waste or hazardous waste generated from similar processes. 16 ( ii) Respondent activities:

In order to comply with sections 264.13( a)( 1) and 265.13( a)( 1), respondents must perform the following activities:

C Read the regulations;

C Collect data; and C Perform waste analysis ( sampling, testing).

( 5) Waste Analysis Plan ( i) Data items:

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

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

C Test methods used to test for the parameters;

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

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

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

C Where applicable, the methods which will be used to meet additional waste analysis requirements for specific waste management methods as specified in § § 264.17, 264.314, 264.341, 264.1034( d), 264.1063( d), 265.200, 265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034( d), 265.1063( d), and 268.7; For surface impoundments exempted from land disposal restrictions under Section 268.4( a) procedures and schedules for:

 The sampling of impoundment contents;

 The analysis of test data;

 The annual removal of residues which are not delisted under 17 § 260.22 or which exhibit a characteristic of hazardous waste and meet the requirements specified in § § 264.13( b)( 7)( iii)( A),( B),( B)( 1) or ( B)( 2) and 265.13( b)( 7)( iii)( A), ( B), ( B)( 1), or ( B)( 2); and C For off site facilities, the procedures used to inspect and analyze each movement of hazardous waste received at the facility, as required under § § 264.13( c) and 265.13( c), including:

 Procedures that will be used to determine the identity of each movement of waste managed at the facility; and  The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

( ii) Respondent activities:

Since permitted facilities submit the waste analysis plan with the Part B permit application, activities associated with developing and modifying the waste analysis plan are discussed in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). However, prior to submitting a permit application, an interim status facility must prepare a waste analysis plan. Therefore, preparation and modification of waste analysis plans for interim status facilities will be discussed in this ICR (# 1571). In addition to the development of the plan, this ICR will also focus on activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

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

C Reading the regulations;

C Collecting the data required in the waste analysis plan;

C Writing the waste analysis plan;

C Maintaining the plan ( e. g., photocopying and filing); and C Modifying the waste analysis plan ( for new and existing interim status facilities).

( 6) Inspection Schedule ( i) Data items:

Sections 264.15( b)( 1) and 265.15( b)( 1) require owners and operators to develop and follow a written schedule for monitoring equipment that is important in preventing, detecting, or responding to environmental or human health hazards. At a minimum, the inspection schedule must include the terms and 18 frequencies called for in § § 264.174, 264.194, 264.226, 264.253, 264.254, 264.303, 264.347, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 265.174, 265.193, 265.195, 265.226, 265.347, 265.377, 265.403, 265.1033, 265.1052, 265.1053, and 265.1058 and must identify the types of problems that are to be investigated during the inspection.

Section 264.15( d) and 265.15( d) state that an owner or operator must record inspections conducted according to the written schedule developed pursuant to § § 264.15( b)( 1) and 265.15( b)( 1) in an inspection log or summary that is to be maintained at the facility. The inspection log or summary must contain the following data items:

C Date and time of inspection;

C Name of inspector;

C Notation of the observations made; and C Date and nature of any repairs or other remedial action.

( ii) Respondent activities:

Since permitted facilities submit the inspection schedule with the Part B permit application, activities associated with developing and modifying the schedule are discussed in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). Prior to submitting a permit application, interim status facilities must prepare an inspection schedule; preparation of and modification to the inspection schedule for these facilities will be discussed in this ICR(# 1571). This ICR will also focus on activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

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

C Read the regulations;

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

C Maintain and modify the inspection schedule at the facility ( new and existing interim facilities only); and C Record problems identified during inspections in the inspection log.

( 7) Personnel Training ( i) Data items:

Sections 264.16( d) and 265.16( d) require an owner or operator to maintain copies of personnel training documents and records at the facility. These documents should include the following data items: 19 C Job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

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

C Written description of the type and amount of both introductory and continuing training that will be given to each person filling a position; and records that document that the training or job experience required have been given to, and completed by, facility personnel.

( ii) Respondent activities:

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

C Reading the regulations;

C Collecting the data items listed above; and C Maintaining ( e. g., photocopying and filing) the information at the facility.

( 8) Documentation of Compliance for Ignitable, Reactive, or Incompatible Wastes ( i) Data items:

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

( ii) Respondent activities:

Respondent activities associated with Section 264.17( c) include:

C Reading the regulations;

C Collecting and documenting the data items mentioned above; and C Maintaining ( e. g., photocopying and filing) documentation at the facility. 20 ( 9) Construction Quality Assurance Plan ( i) Data items:

Section 265.19( b) requires any owner or operator of an interim status surface impoundment, waste pile, or landfill to develop a written construction quality assurance ( CQA) plan that identifies steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. [ Permitted facilities must also develop a CQA plan for surface impoundments, waste piles, and landfills. Activities associated with CQA plans at permitted facilities are burdened in the Part B Permit Application, Permit Modifications, and Special Permits ICR, # 1573.] The CQA plan must include the following information:

C Identification of applicable units, and a description of how they will be constructed;

C Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications;

C A description of inspection and sampling activities for all unit components, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet design specifications. This description must cover:

 Sampling size and locations;

 Frequency of testing;

 Data evaluation procedures;

 Acceptance and rejection criteria for construction materials;

 Plans for implementing corrective measures; and  Data or other information to be recorded and retained in the operating record under § 265.73.

The owner or operator also must prepare and submit a certification signed by the CQA officer at least 30 days prior to receiving waste that the CQA plan has been successfully carried out and that the unit meets the requirements of § § 265.221( a), 265.254, or 265.301( a).

( ii) Respondent activities:

In order to comply with Section 265.19, owners and operators must:

C Read the regulations;

C Prepare the CQA plan; 21 C Prepare the certification;

C Submit materials to EPA; and C Maintain records of the materials.

RECORDKEEPING REQUIREMENTS ( 1) Operating Record Requirements ( i) Data items:

Sections 264.73 and 265.73 outline specific operating recordkeeping requirements that are imposed on TSDFs. This ICR covers the requirements found at § 264.73( b)( 1)( 16) and § 265.73( b)( 1)( 16), which state that the operating record must contain the following data items:

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

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

C Records and results of waste analyses performed;

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

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

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

C Copies of written notices ( for off site facilities) certifying that the facility is permitted and will accept the waste the generator is shipping;

C Closure cost estimates and, for disposal facilities, post closure cost estimates;

C A certification by the permittee, no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal that is the practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment;

C Records of the quantities ( and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction, or a certification, and the applicable notice required by a generator; 22 C Documents stating refusal of State or local authorities to enter into arrangements to address emergency situations;

C Records of hazardous waste application dates and rates; and C Maps detailing ( 1) the exact location, dimensions, and depths of each cell with respect to permanently surveyed benchmarks, and ( 2) the contents of each cell and the approximate location of each hazardous waste type within each cell.

( ii) Respondent activities:

In order to comply with sections 264.73 and 265.73, 264.37, 264.279 and 265.279, and 264.309 and 265.309, owners or operators are required to maintain a written operating record at the facility. Respondent activities associated with maintaining an operating record include maintaining ( e. g., photocopying and filing) the data items listed above.

( 2) Other Recordkeeping and Reporting Requirements Sections 264.74( c) and 265.74( c) require owners or operators to submit to the Regional Administrator and local land authority a copy of the records of waste disposal locations and quantities under § § 264.73( b)( 2) and 265.73( b)( 2) upon closure of the facility. Since this information is submitted upon closure of the facility, data items and respondent activities are included in the closure/ post closure section.

CONTINGENCY PLAN AND EMERGENCY REPORTING REQUIREMENTS ( 1) Contingency Plan Requirements ( i) Data items:

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

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

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

C An updated list of all emergency equipment at the facility and the location, physical description, and capabilities of the emergency equipment. The contingency plan should also indicate where the emergency equipment will be required; and 23 C An evacuation plan for facility personnel where there is a possibility that evacuation may be necessary.

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

( ii) Respondent activities:

Since permitted facilities submit the contingency plan with the Part B permit application, activities associated with developing and modifying the contingency plan are discussed in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). Interim status facilities must prepare contingency plans prior to submitting a permit application; therefore, preparation of the contingency plan for these facilities is covered under this ICR (# 1571). This ICR also includes submittal of the plan to State and local authorities and recordkeeping activities for both permitted and interim status facilities.

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

C Read the regulations;

C Collect the data required in the contingency plan;

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

C Submit the contingency plan to State and local authorities;

C Maintain ( e. g., photocopy and file) the contingency plan; and C Amend the contingency plan when appropriate.

[ Although permitted and interim status facilities must comply with appropriate requirements for amending a contingency plan, this ICR addresses only interim status facilities amending their plans. As mentioned, permitted facilities amending their plans must comply with sections 264.54 and submit a permit modification under section 270.42. These permitted facilities are addressed in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications, ICR # 1573].

( 2) Emergency Reporting and Recordkeeping Requirements ( i) Data items:

Sections 264.56( a)( 2) and 265.56( a)( 2) require owners and operators to immediately notify State and local authorities with designated response roles of an imminent or actual emergency situation. Sections 264.56( d)( 1) and 265.56( d)( 1) require owners and operators to notify local authorities if his or her assessment of a release, fire, or explosion indicates that evacuation of local areas may be advisable. 24 Sections 264.56( d)( 2) and 265.56( d)( 2) require the facility emergency coordinator to notify the onscene coordinator or the National Response Center of any release, fire, or explosion that could threaten human health or the environment outside the facility. The emergency notification report must include the following information:

C Name and telephone number of reporter;

C Name and address of facility;

C Time and type of incident;

C Name and quantity of material( s) involved;

C The extent of injuries; and C Possible hazards to human health or the environment outside the facility.

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

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

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

C Name, address, and telephone number of the facility;

C Date, time, and type of incident;

C Name and quantity of material( s) involved;

C The extent of injuries;

C An assessment of actual or potential hazards to human health or the environment; and C Estimated quantity and disposition of recovered material that resulted from the incident.

( ii) Respondent activities:

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

C Submit the required notification of an imminent or actual emergency situation to State and/ or local authorities. 25 In order to comply with the reporting requirements of § 264.56( d)( 1) and § 265.56( d)( 1), owners and operators must perform the following activities:

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

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

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

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

C Collect the information required in the emergency report; and C Write the emergency notification report.

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

C Read the regulations;

C Collect the information required in the emergency report; and C Prepare and submit the emergency report.

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

C Compile information that demonstrates that all affected areas are in compliance; and C Prepare and submit a letter notifying the Regional Administrator of this compliance.

Sections 264.56 and 265.56 require the owner/ operator to note in the operating record the time, date, and details of any incident that requires implementing the contingency plan ( § § 264.56( j) and 265.56( j)). Respondent activities associated with this requirement are burdened in the respondent activity section for the operating record requirements. 26 RELEASES FROM SOLID WASTE MANAGEMENT UNITS ( 1) Termination of Compliance Period ( i) Data item:

Section 264.96( c) extends the compliance period for facilities that are engaged in corrective action. Owners and operators of these facilities must demonstrate, with monitoring data, that the ground water protection standard of § 264.92 has not been exceeded for a period of three consecutive years to complete the compliance period.

( ii) Respondent activities:

In order the comply with section 264.96( c), owners and operators must perform the following activities:

C Read the regulations; and C Prepare the monitoring data and submit it to EPA.

( 2) Sampling Procedures and Intervals ( i) Data items:

Section 264.97( g) requires owners and operators conducting detection monitoring and compliance monitoring to determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit. The sampling procedure must include:

C A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically possible, that an independent sample is obtained, by reference to the uppermost aquifer's effective porosity, hydraulic conductivity, and hydraulic gradient, and the fate and transport characteristics of the potential contaminants; or C An alternative sampling procedure proposed by the owner or operators and approved by EPA.

( ii) Respondent activities:

In order to comply with section 264.97( g), owners and operators must perform the following activities:

C Read the regulations; and C Develop an appropriate sampling procedure and interval, and submit this information to EPA for approval. 27 CLOSURE AND POST CLOSURE REQUIREMENTS ( 1) Closure Plan ( i) Data items:

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

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

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

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

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

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

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

 The total time required to close each hazardous waste management unit; and  The time required for intervening closure activities which will allow tracking of the progress of partial and final closure; and C For facilities that use trust funds to establish financial assurance under § § 264.143 and 265.143, or 264.145 and 265.145, and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.

Certain permitted surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by Sections 264.228( c)( 1)( ii) and 264.258( c)( 1)( ii) to have contingent closure plans. In addition, owners or operators of tank systems or drip pads that intend to remove or decontaminate hazardous waste at partial or final 28 closure are required to submit contingent closure plans as specified in sections 264.197( c)( 1) and 265.197( c)( 1), and 264.575( c)( 1)( i) and 265.445( c)( 1)( i), respectively.

( ii) Respondent activities:

Since permitted facilities submit the closure plan and contingency closure plans with the Part B permit application, activities associated with developing and modifying the closure plan are discussed in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). Prior to submitting a permit application, interim status facilities must prepare a closure plan. Therefore, preparation of and modification to the closure plan for interim status facilities will be covered in this ICR (# 1571). This ICR will also include activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

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

C Reading the regulations;

C Conducting an inventory of the hazardous waste present;

C Recording results of inventory;

C Writing descriptions for the necessary activities;

C Estimating final closure; and C Writing the closure schedule.

( 2) Notification and Amendment of Closure Plan ( i) Data items:

Permit modifications for permitted facilities under section 264.112( c) are included in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). Under section 265.112( c), owners or operators of interim status facilities may amend the closure plan at any time prior to notification of partial or final closure of the facility. An owner or operator with an approved closure plan must submit a written request to EPA to authorize a change in the approved closure plan. The owner or operator must amend the closure plan at least 60 days prior to the proposed change in the facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. An owner or operator with an approved closure plan must submit the amended plan to EPA.

( ii) Respondent activities:

Interim status facilities with approved closure plans must prepare and submit a notification of amendment, amend the plan, and submit the plan to EPA, pursuant to section 265.112( c). 29 ( 3) Partial Closure and Final Closure Notification ( i) Data items:

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

( ii) Respondent activities:

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

( 4) Extensions and Allowances During the Closure Period ( i) Data items:

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

C Treatment, storage, and removal activities will, of necessity, take longer than 90 days to complete; or C The hazardous waste management unit or facility has the capacity to receive additional hazardous or non hazardous wastes; there is a likelihood that operations will be recommenced within one year; and closure of the unit would be incompatible with continued operation of the site; and C The owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

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

C Partial or final closure activities will, of necessity, take longer than 180 days to complete; or 30 C The hazardous waste management unit or facility has the capacity to receive additional hazardous or non hazardous wastes; there is a reasonable likelihood that operations will be recommenced within one year; and closure of the unit would be incompatible with continued operation of the site; and C The owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment, including compliance with all applicable permit requirements.

Sections 264.113( d) and 265.113( d) allow owners and operators to request an allowance to receive only non hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous waste. To receive such an allowance, the owner or operator must request a permit modification, and include the following demonstrations and information:

C The unit has the existing design capacity as indicated on the part A application to receive non hazardous wastes;

C There it a reasonable likelihood that operations will be recommenced within one year after the final receipt of hazardous wastes;

C The non hazardous wastes will not be incompatible with any remaining wastes in the unit or facility;

C Closure of the unit would be incompatible with continued operation of the site;

C The owner or operator is operating and will continue to operate in compliance with all applicable permit requirements;

C The request to modify the permit includes an amended waste analysis plan, ground water monitoring and response program, human exposure assessment, closure and post closure plans, updated cost estimates and demonstrations of financial assurance for closure and post closure care, and changes in closure activities.

( ii) Respondent activities:

The burden associated with developing a permit modification for such an extension or allowance is addressed in the Hazardous Waste Part B Permit Application, Permit Modifications, and Special Permits ICR (# 1573). Other respondent activities associated with obtaining an extension or allowance include the following:

C Reading the regulations;

C Preparing and submitting the demonstration for an extension for treatment, storage, or removal of hazardous waste;

C Preparing and submitting the demonstration for an extension of the closure period; and C Preparing and submitting the demonstration for receiving non hazardous wastes. 31 ( 5) Closure Certification ( i) Data items:

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

( ii) Respondent activities:

In order to certify that the unit or facility has been closed in accordance with the specifications in the approved closure plan, respondents must perform the following activities:

C Read the regulations;

C Have a registered professional engineer inspect the facility; and C Collect documentation to support the certification and submit the certification.

( 6) Survey Plat ( i) Data item:

Sections 264.116 and 265.116 require an owner or operator to submit to the Regional Administrator a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks.

( ii) Respondent activities:

In order to comply with § 264.116 and § 265.116, respondents must have a professional land surveyor prepare and certify a survey plat, and submit the plat to the Regional Administrator.

( 7) Post Closure Plan ( i) Data items:

Sections 264.118( a) and 265.118( a) state that the owner or operator of a hazardous waste disposal facility must have a written post closure plan. Surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by § § 264.228( c)( 1)( ii) and 264.258( c)( 1)( ii) to have contingent post closure plans submitted with the Part B permit application. In addition, owners or operators of tank systems or drip pads that intend to remove or decontaminate the hazardous waste at partial or final closure are required to submit a contingent post closure plan, as specified in sections 264.197( c)( 2) and 265.197( c)( 2), and 264.575( c)( 1)( ii) and 32 265.445( c)( 1)( ii), respectively. Section 265.118 requires owners or operators to maintain a copy of the post closure plan at the facility.

Data items included in the post closure plan are listed below:

C A description of the facility's monitoring activities and frequencies at which they will be performed to comply with Subparts F, K, L, M, N, and X during the post closure care period;

C A description of the planned maintenance activities, and frequencies at which they will be performed;

C The name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post closure care period; and C A copy of the approved post closure plan, to be provided to the Regional Administrator upon request, until final closure of the facility.

( ii) Respondent activities:

Since permitted facilities submit post closure and contingent post closure plans with the Part B permit application, activities associated with developing these post closure plans are discussed in the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). Prior to submitting a permit, interim status facilities must develop a post closure plan. Therefore, preparation of these plans for interim status facilities will be covered in this ICR (# 1571). This ICR will also focus on activities associated with the recordkeeping aspects of the regulations for both permitted and interim status facilities.

Section 265.118( e) requires an interim status facility owner or operator to submit a post closure plan to the Regional Administrator no later than 15 days after termination of interim status, except when a permit is issued simultaneously with termination of interim status, or the facility is issued a judicial decree or final order under § 3008 of RCRA to cease receiving hazardous wastes or close. If the Regional Administrator does not approve the plan, the owner or operator must modify the plan or submit a new plan for approval.

In order to comply with the post closure plan requirements, respondents must perform the following activities:

C Read the regulations;

C Collect the necessary information;

C Prepare and submit the post closure plan or contingent post closure plan, if applicable ( new interim status facilities only); and C Maintain the plan. 33 ( 8) Notification and Amendment of Post Closure Plan Under 265.118( d)( 1)( 3)

( i) Data items:

Section 265.118( d)( 1)( 3) requires owners or operators of interim status facilities to submit written requests to authorize changes to approved post closure plans, and requires submittal of modified plans to the Regional Administrator. Under section 264.118( d)( 1)( 3), permitted facilities must request permit modifications to authorize and make changes to approved post closure plans. Such permit modifications are included in ICR # 1573.

( ii) Respondent activities:

Interim status facilities must:

C Prepare a notification of amendment;

C Amend the plan; and C Submit these data items to EPA, as required by section 265.118( d)( 1)( 3).

( 9) Amendment of Post Closure Plan Under 265.118( d)( 4), ( f), and ( g)( 1)

( i) Data items:

Under 40 CFR 265.118( d)( 4), if the Regional Administrator determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator must submit to the Regional Administrator within 90 days of the determination a post closure plan for approval. If the Regional Administrator requests modifications to the plan, the owner or operator must submit the modified plan no later than 60 days after the Regional Administrator's request or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent closure plan.

Under section 265.118( f), if the Regional Administrator does not approve the plan, he or she must provide the owner or operator with a detailed written statement of reasons for the refusal. The owner or operator must modify the plan or submit a new plan within 30 days after receiving such written statement.

Under section 265.118( g)( 1), the owner or operator may prepare and submit a petition to the Regional Administrator to extend or reduce the post closure period applicable to a hazardous waste management unit or facility, or to alter the requirements of the post closure care period.

( ii) Respondent activities:

In order to comply with sections 265.118( d)( 4) and 265.118( f), respondents must perform the following activities:

C Prepare an amended post closure plan;

C Submit the amended plan to EPA; and 34 C Modify and resubmit plan, if not approved by EPA In order to obtain an extension or reduction of the post closure period, per section 265.118( g)( 1), respondents must prepare a petition and submit it to EPA. ( Permitted facilities are covered in the Hazardous Waste Part B Permit Applications, Specific Permits and Permit Modifications ICR, # 1573.)

( 10) Hazardous Waste Disposal Records ( i) Data items:

Sections 264.119( a) and 265.119( a) require owners or operators to submit to the local zoning authority, or to the authority with jurisdiction over local land use, and to the Regional Administrator a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility.

( ii) Respondent activities:

In order to comply with sections 264.119( a) and 265.119( a), respondents must perform the following activities:

C Determine the specifications of the hazardous waste activity; and C Establish, submit, and maintain ( i. e., photocopying and filing) a record of the activity.

( 11) Hazardous Waste Notation Certification ( i) Data items:

Sections 264.119( b)( 2) and 265.119( b)( 2) require owners or operators to submit to the Regional Administrator a signed certification that they have recorded the notation required in § § 264.119( b)( 1) and 265.119( b)( 1), including a copy of the document in which the notation has been placed.

( ii) Respondent activities:

In order to comply with sections 264.119( b)( 2) and 265.119( b)( 2), respondents must record the notation on the deed, and develop and submit the certification to the Regional Administrator.

( 12) Post Closure Permit Modification ( i) Data items:

Sections 264.119( c) and 265.119( c) state that if an owner wishes to remove hazardous wastes and residues, liners, or contaminated soils, he or she must request a modification to the post closure permit and demonstrate that removal of hazardous waste will satisfy the criteria of § § 264.117( c) and 265.118( g). For permitted facilities, the modification will be done through the permit modification process and will be covered by the Hazardous Waste Part B Permit Applications, Special Permits, and Permit Modifications ICR (# 1573). 35 ( ii) Respondent activities:

Respondent activities associated with modification of the post closure permit include:

C Reading the regulations;

C Preparing a request for modification; and C Demonstrating compliance through a written document or some other form of notification.

( 13) Post Closure Care Certification ( i) Data items:

Sections 264.120 and 265.120 state that owners or operators must submit to the Regional Administrator a certification that the post closure care period for the facility was performed in accordance with the specifications in the approved closure plan. Documentation supporting the independent registered professional engineer's certification must be furnished to the Regional Administrator upon request before he or she releases the owner from the financial assurance requirements for closure under § § 264.145( i) and 265.145( h).

( ii) Respondent activities:

Respondent activities associated with certifying completion of post closure care include:

C Reading the regulations;

C Obtaining certification of compliance from an independent registered professional engineer;

C Maintaining a copy of the certification; and C Submitting the necessary documentation to the Regional Administrator as required.

FINANCIAL REQUIREMENTS ( 1) Financial Responsibility for Corrective Action ( i) Data item:

Sections 264.101( b) and 264.101( c) require owners and operators of facilities containing solid waste management units ( SWMUs) to institute corrective action as necessary, and to provide assurances of financial responsibility for completing such corrective action. This assurance must contain the documented assurances of financial responsibility in the permit for the means of corrective action chosen. 36 ( ii) Respondent activity:

In order to comply with sections 264.101( b) and 264.101( c), respondents must prepare and submit to the Regional Administrator, with the permit, documented assurances of financial responsibility for the corrective action chosen to be implemented.

( 2) Cost Estimates for Closure and Post Closure Care ( i) Data items:

Sections 264.142, 265.142, 264.144, and 265.144 require owners and operators to maintain a detailed written estimate of the cost of facility closure or post closure care, in accordance with the requirements specified in § § 264.142( a), 265.142( a), 264.144( a), and 265.144( a), respectively. Section 264.144 only applies to owners or operators of disposal surface impoundments, disposal miscellaneous units, land treatment units, or landfill units, or owners or operators of surface impoundments or waste piles required to prepare contingency closure and post closure plans, while Section 265.144 applies to owners or operators of interim status hazardous waste disposal units. These estimates must include the following data items:

C A written estimate containing:

 The costs of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan ( § § 264.142( a)( 1) and 265.142( a)( 1)); or  The annual cost of post closure monitoring and maintenance of the facility in accordance with the applicable post closure regulations specified in § § 264.144( a) and 265.144( a);

C Estimates of the following cost, as required under § 264.258( c)( 2) for waste piles only:

 The cost of complying with the contingent closure plan or the contingent post closure plan, but not the cost of expected closure under § 264.258( c)( 2);

C Estimates of the following cost, as required under § § 264.197( c)( 3) and 265.197( c)( 3) for tank systems only:

 The cost of complying with the contingent closure plan and the contingent post closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under § § 264.197( a) and 265.197( a).

C Estimates of the following cost, as required under § 264.228( c)( 2) for surface impoundments, § § 264.575( c)( 2) and 265.445( c)( 2) for drip pads, and § 264.258( c)( 2) for waste piles: 37  The cost of complying with the contingent closure plan and the contingent post closure plan, but not the cost of expected closure under § § 264.228( a) for surface impoundments, 264.575( a) or 265.445( a) for drip pads, and 264.258( a) for waste piles.

C Costs to owners or operators of hiring a third party to conduct closure or post closure care at the facility;

C An adjustment of the closure or post closure cost estimate for inflation within sixty days of the anniversary date of the establishment of the financial instrument( s) used to assure financial responsibility for closure ( thirty days in the case of owners or operators using the financial test or corporate guarantee)( § § 264.142( b), 265.142( b), 264.144( b), and 265.144( b)); and C A revision of the closure or post closure cost estimate no later than thirty days after a modification has been made to the closure or post closure plan which increases the closure or post closure cost ( § § 264.142( c), 265.142( c), 264.144( c), and 265.144( c)).

( ii) Respondent activities:

Owners and operators will need to engage in several activities in order to collect and maintain the data required by § § 264.142, 265.142, 264.144, and 265.144:

C Reading the regulations;

C Collecting data;

C Preparing the written cost estimate;

C Periodically adjusting the cost estimate to include inflation and/ or revisions to the closure or post closure plan; and C Maintaining at the facility the latest closure or post closure cost estimate and any subsequent adjustments.

( 3) Financial Assurance for Closure and Post Closure Care Owners or operators are required to establish and provide evidence of financial assurance for facility closure ( § § 264.143 and 265.143) and post closure care ( § § 264.145 and 265.145). Several financial instruments are described throughout these sections for the purpose of establishing financial assurance:

( a) Closure or Post Closure Trust Fund ( i) Data items:

Sections 264.143( a), 265.143( a), 264.145( a), and 265.145( a) explain that owners or operators may establish a closure or post closure trust fund in order to comply with § § 264.143, 265.143, 264.145, 38 and 265.145 requirements. Data items for establishing and providing evidence of a closure or post closure trust fund include:

C A trust agreement in compliance with § § 264.143( a)( 2)( 8) and ( 10), 265.143( a)( 2)( 8) and ( 10), 264.145( a)( 2)( 8) and ( 11), and 265.145( a)( 2)( 8) and ( 11); and C For post closure trust funds, a formal certification of acknowledgment ( § § 264.145( a)( 2) and 265.145( a)( 2)).

( ii) Respondent activities:

Owners and operators establishing a trust fund in order to comply with the closure and post closure financial assurance requirements of sections 264.143, 265.143, 264.145, and 265.145 will need to engage in the following respondent activities:

C Reading the regulations;

C Establishing a closure or post closure trust fund, in compliance with § § 264.143( a)( 2)( 8) and ( 10), 265.143( a)( 2)( 8) and ( 10), 264.145( a)( 2)( 8) and ( 11), and 265.145( a)( 2)( 8) and ( 11);

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

C Submitting the formal certification of acknowledgment required for post closure trust funds; and C For owners and operators of new facilities, submitting a receipt for the first payment under the trust agreement before the initial receipt of hazardous wastes.

( b) Surety Bond Guaranteeing Payment into a Closure or Post Closure Trust Fund ( i) Data items:

Sections 264.143( b), 265.143( b), 264.145( b), and 265.145( b) allow owners and operators to establish surety bonds in order to comply with the financial assurance requirements of Sections 264.143, 265.143, 264.145, and 265.145. Establishing surety bonds that guarantee payment into a closure or postclosure trust fund will entail the collection of the following data items:

C A surety bond and trust agreement indicating the conditions of payment into the closure or post closure standby trust fund specified in § § 264.143( b)( 2)( 6) and ( 8), 265.143( b)( 2)( 6) and ( 8), 264.145( b)( 2)( 6) and ( 8), and 265.145( b)( 2)( 6) and ( 8); and C Evidence of an increase or decrease in the closure or post closure cost estimate that may require the penal sum of the surety bond to be increased or decreased accordingly ( § § 264.143( b)( 7), 265.143( b)( 7), 264.145( b)( 7), and 265.145( b)( 7)). 39 ( ii) Respondent activities:

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

C Reading the regulations;

C Establishing a surety bond and trust agreement that comply with the financial assurance requirements of § § 264.143, 265.143, 264.145, and 265.145;

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

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

C Increasing the penal sum amount, in the case of an corresponding increase in the closure or post closure cost estimate; and C Submitting evidence of such an increase in the closure or post closure cost estimate to the Regional Administrator.

( c) Surety Bond Guaranteeing Performance of Closure or Post Closure Care ( i) Data items:

Sections 264.143( c) and 264.145( c) allow owners or operators of permitted facilities to comply with § § 264.143 and 264.145 requirements by obtaining a surety bond that guarantees performance of closure or post closure care. Data items for this option include:

C A surety bond and trust agreement indicating the conditions of payment into the standby trust fund specified in § § 264.143( c)( 2)( 6) and ( 8) and 264.145( c)( 2)( 6) and ( 9); and C Evidence of an increase in the closure or post closure cost estimate that may require the penal sum of the surety bond to be increased or decreased accordingly ( § § 264.143( c)( 7) and 264.145( c)( 7)).

( ii) Respondent activities:

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

C Reading the regulations; 40 C Obtaining a surety bond and trust agreement that comply with the financial assurance requirements of § § 264.143 and 264.145;

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

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

C Increasing the penal sum amount, in the case of a corresponding increase in the closure or post closure cost estimate; and C Submitting evidence of such an increase in the closure or post closure cost estimate to the Regional Administrator.

( d) Closure or Post Closure Letter of Credit ( i) Data items:

Sections 264.143( d), 265.143( c), 264.145( d), and 265.145( c) specify that owners or operators may obtain an irrevocable standby letter of credit in order to satisfy financial assurance requirements. Data items for this information collection include:

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

C A trust agreement indicating the conditions of payment into the standby trust fund specified in § § 264.143( d)( 2)( 4) and ( 6), 265.143( c)( 2)( 4) and ( 6), 264.145( d)( 2)( 6), and 265.145( c)( 2)( 6);

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

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

 The number, issuing institution, and date of the letter of credit;

 The EPA identification number, name, and address of the facility; and  The amount of funds assured for closure of or post closure care for the facility by the letter of credit; and 41 C Evidence of an increase in the closure or post closure cost estimate that may require the amount of credit to be increased accordingly ( § § 264.143( d)( 7), 265.143( c)( 7), 264.145( d)( 7), and 265.145( c)( 7)).

( ii) Respondent activities:

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

C Reading the regulations;

C Obtaining a letter of credit from an issuing institution and establishing the stand by trust fund;

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

C Submitting the following documents to the Regional Administrator:

 The letter of credit ( in the case of new permitted facilities, this must be submitted at least sixty days prior to receiving hazardous waste for treatment, storage, or disposal, pursuant to § § 264.143( d)( 1) and 264.145( d)( 1));

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

C Increasing the amount of the letter of credit, in the case of corresponding increase in the closure or post closure cost estimate; and C Submitting evidence of such an increase in the closure or post closure cost estimate to the Regional Administrator.

( e) Closure or Post Closure Insurance ( i) Data items:

Owners or operators may satisfy the financial assurance requirements for closure or post closure care by establishing closure or post closure insurance according to § § 264.143( e), 265.143( d), 264.145( e), and 265.145( d). Data items for this information collection include:

C A closure or post closure insurance policy ( identified by a certificate of insurance) that meets the requirements specified in § § 264.143( e)( 1)( 4) and ( 8), 265.143( d)( 1)( 4) and ( 8), 264.145( e)( 1)( 5) and ( 8), or 265.145( d)( 1)( 5) and ( 8);

C In the case of some interim status facilities, a letter from an insurer stating that an owner or operator is being considered for a closure insurance policy ( § § 265.143( d)( 1) and 265.145( d)( 1)); and 42 C Evidence of an increase in the closure or post closure cost estimate that may require the face amount of the insurance policy to be increased accordingly ( § § 264.143( e)( 7), 265.143( d)( 7), 264.145( e)( 7), and 265.145( d)( 7)).

( ii) Respondent activities:

Collecting this data will entail the following respondent activities:

C Reading the regulations;

C Obtaining a closure or post closure insurance policy that satisfies the requirements of § § 264.143, 265.143, 264.145, or 265.145;

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

C In the case of some interim status facilities, submitting a letter from an insurer stating that the insurer is considering issuance of an insurance certificate ( in this case, owners or operators must submit the certificate of insurance within ninety days of the effective date of these regulations); and C Submitting evidence of an increase in the current closure or post closure cost estimate that may require the face amount of the insurance policy to be modified accordingly.

( f) Financial Test and Corporate Guarantee for Closure or Post Closure Care ( i) Data items:

Sections 264.143( f), 265.143( e), 264.145( f), and 265.145( e) allow owners and operators to satisfy closure or post closure financial assurance requirements by demonstrating financial strength using the financial test specified in these sections. Data items for this demonstration include:

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

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

C A special report from the owner's or operator's independent certified public accountant to the owner or operator covering the specifications outlined in § § 264.143( f)( 3)( iii), 265.143( e)( 3)( iii), 264.145( f)( 3)( iii), or 265.145( e)( 3)( iii);

C If an extension of submission of the above documents is sought, a letter from the owner's or operator's chief financial officer to the Regional Administrator of each Region in which 43 facilities to be covered under the financial test are located. This letter, allowed only under § § 265.143( e)( 4) and 265.145( e)( 4), must contain the following data items:

 A request for the extension;

 A certification that the chief financial officer believes that the owner or operator meets the criteria of the financial test;

 For each facility to be covered by the test, the EPA identification number, name, address, and current closure and post closure cost estimates to be covered by the test;

 A specification of the date ( no later than ninety days after the end of such fiscal year) when the owner or operator will submit the documents specified in § § 265.143( e)( 3) and 265.145( e)( 3); and  A certification that the year end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant;

C Annual updates of the above data items;

C A notice of intent to establish alternative financial assurance, if the owner or operator fails the financial test and no longer meets the requirements of § § 264.143( f)( 1), 265.143( e)( 1), 264.145( f)( 1), or 265.145( e)( 1);

C Reports of financial conditions as required by the Regional Administrator ( § § 264.143( f)( 7), 265.143( e)( 7), 264.145( f)( 7), and 265.145( e)( 7));

C If applicable, a written guarantee from the parent corporation of the owner or operator that satisfies financial assurance requirements ( § § 264.143( f)( 10), 265.143( e)( 10), 264.145( f)( 10), or 265.145( e)( 10)); and C Notification from the insurer to the owner/ operator and EPA of a decision to cancel, terminate, or fail to renew the policy ( § § 264.145( f)( 11)( ii) and 265.143( e)( 11)( ii)).

( ii) Respondent activities:

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

C Reading the regulations;

C Writing the letter signed by the chief financial officer;

C Submitting the following documents to the Regional Administrator ( for new facilities, these documents must be submitted at least sixty days prior to receiving hazardous waste for treatment, storage, or disposal): 44  The letter signed by the chief financial officer;

 A copy of the independent certified public accountant's report; and  The special report from the independent certified public accountant;

C Submitting updated information annually;

C If applicable, writing and submitting a notice, by certified mail, to the Regional Administrator of intent to establish other financial assurance;

C Writing and submitting additional reports of financial condition at any time, as directed by the Regional Administrator; and C If applicable, submitting the corporate guarantee from the parent corporation of the owner or operator.

( g) Use of a Financial Mechanism for Multiple Facilities ( i) Data items:

Sections 264.143( h), 265.143( g), 264.145( h), and 265.145( g) specify that owners or operators may use one of the above financial assurance mechanisms to meet the requirements of § § 264.143, 265.143, 264.145, or 265.145 for more than one facility. In such cases, the owner and operator must provide the following data items for each facility:

C EPA identification number, name, and address; and C The amount of funds for closure or post closure care assured by the mechanism.

( ii) Respondent activities:

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

C Reading the regulations;

C Submitting the data items listed above to the Regional Administrator; and C If the facilities covered by the mechanism are located in more than one Region, submitting identical evidence of financial assurance to all the applicable Regional Administrators.

( 4) Liability Requirements ( a) Coverage for Sudden or Nonsudden Accidental Occurrences ( I) Data items: 45 Sections 264.147( a) and 265.147( a) specify that owners and operators of hazardous waste treatment, storage, and disposal facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. Similarly, § § 264.147( b) and 265.147( b) require owners or operators of surface impoundments, landfills, land treatment facilities managing hazardous wastes, or combinations of such facilities to demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from facilities' operations. In order to comply with these sections, owners or operators will need to gather the following data items:

C Liability coverage demonstrated by one of the following documents ( data items for these documents are described in full in the following sections):

 A liability insurance policy ( § § 264.147( a)( 1), 265.147( a)( 1), 264.147( b)( 1), or 265.147( b)( 1)), accompanied by a signed duplicate original of a Hazardous Waste Facility Liability Endorsement or a Certificate of Liability Insurance ( § § 264.147( a)( 1) and 264.147( b)( 1) only);

 Written evidence of passing a financial test or a written guarantee for liability coverage from the owner's or operator's parent corporation, a firm whose parent corporation is the parent corporation of the owner or operator, or a firm with a " substantial business relationship" with the owner or operator ( § § 264.147( a)( 2), 265.147( a)( 2), 264.147( b)( 2), and 265.147( b)( 2));

 A letter of credit for liability coverage ( § § 264.147( a)( 3), 265.147( a)( 3), 264.147( b)( 3), and 265.147( b)( 3));

 A surety bond for liability coverage ( § § 264.147( a)( 4), 265.147( a)( 4), 264.147( b)( 4), and 265.147( b)( 4));

 A trust fund for liability coverage ( § § 264.147( a)( 5), 265.147( a)( 5), 264.147( b)( 5), and 265.147( b)( 5)); or  A combination of insurance, financial test, guarantee, letter of credit, surety bond, and trust fund ( § § 264.147( a)( 6), 265.147( a)( 6), 264.147( b)( 6), and 265.147( b)( 6));

C A written notification to the Regional Administrator whenever a claim or verification of a valid claim for bodily injury or property damages caused by the operation of a hazardous waste treatment, storage, or disposal facility is made against the owner or operator ( § § 264.147( a)( 7), 265.147( a)( 7), 264.147( b)( 7), and 265.147( b)( 7)); and C A written notification to the Regional Administrator whenever the amount of financial assurance for liability coverage under one of the above mentioned instruments is reduced, contingent on a claim or verification of a valid claim ( § § 264.147( a)( 7), 265.147( a)( 7), 264.147( b)( 7), and 265.147( b)( 7)). 46 ( ii) Respondent activities:

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

C Read the regulations;

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

C Submit appropriate evidence of such financial instruments to the Regional Administrator ( in the case of new facilities establishing liability insurance, this must be submitted at least sixty days before receiving hazardous wastes for treatment, storage, or disposal, according to § § 264.147( a)( 1)( i) and 265.147( b)( 1)( i));

C Prepare, write, and submit a notification to the Regional Administrator whenever a claim for bodily injury is made against the owner or operator; and C Prepare, write, and submit a notification to the Regional Administrator whenever the amount of financial assurance for liability coverage is reduced.

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

( b) Liability Insurance ( I) Data item:

Sections 264.147( a)( 1), 264.147( b)( 1), 265.147( a)( 1), and 265.147( b)( 1) require owners or operators to submit a duplicate of the endorsement or certificate of insurance, and, if requested by the Regional Administrator, a duplicate of the insurance policy.

( ii) Respondent activities:

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

C Reading the regulations;

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

C Submitting a signed duplicate original of the endorsement or the certificate of insurance to the Regional Administrator, or Regional Administrators if the facilities are located in more than one Region; and 47 C If requested by the Regional Administrator, submitting a signed duplicate original of the insurance policy ( for new facilities this must be submitted at least sixty days before receiving hazardous waste for treatment, storage, or disposal).

( c) Variance of Financial Responsibility Regulations ( i) Data item:

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

( ii) Respondent Activity:

Owners and operators that wish to apply for a variance must prepare and submit information in support of the variance.

( d) Financial Test for Liability Coverage ( i) Data items:

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

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

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

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

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

 A request for the extension;

 A certification that the chief financial officer believes that the owner or operator meets the criteria of the financial test; 48  For each facility to be covered by the test, the EPA identification number, name, address, and current closure and post closure cost estimates to be covered by the test;

 A specification of the date ( no later than ninety days after the end of such fiscal year) when the owner or operator will submit the documents specified in § § 265.147( f)( 3); and  A certification that the year end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant;

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

( ii) Respondent activities:

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

C Reading the regulations;

C Writing the letter signed by the chief financial officer;

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

 The letter signed by the chief financial officer;

 A copy of an independent certified public accountant's report; and  The special report from an independent certified public accountant;

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

( e) Guarantee for Liability Coverage ( i) Data items: 49 Sections 264.147( g) and 265.147( g) allow owners or operators to meet liability requirements by obtaining a written guarantee, under the conditions specified in § § 264.147( g)( 2) and 265.147( g)( 2). Data items for this option include:

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

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

C In the case of corporations incorporated outside the United States, identification by the non U. S. corporation of a registered agent for service of process in each State in which the facility covered by the guarantee is located and in the State in which it has its principal place of business, and a written statement from applicable Attorney( s) General or Insurance Commissioner of each applicable State indicating that a guarantee executed as described in the regulations is a legally valid and enforceable obligation in that State ( § § 264.147( g)( 2) and 265.147( g)( 2)); and C A letter from the guarantor's chief financial officer as specified in § § 264.147( f)( 3) and 265.147( f)( 3) that demonstrates that the guarantor has passed the financial test.

( ii) Respondent activities:

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

C Reading the regulations;

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

C Submitting a certified copy of this written guarantee to the Regional Administrator along with the items specified in § § 264.147( f)( 3) and 265.147( f)( 3); and C Submitting a letter from the guarantor's chief financial officer as specified in § § 264.147( f)( 3) and 265.147( f)( 3) that demonstrates that the guarantor has passed the financial test.

( f) Letter of Credit for Liability Coverage ( i) Data items: 50 Sections 264.147( h) and 265.147( h) allow owners or operators to satisfy financial requirements for liability by obtaining the following data item:

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

( ii) Respondent activities:

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

C Reading the regulations;

C Obtaining the standby letter of credit described above; and C Submitting a copy of this letter of credit to the Regional Administrator.

( g) Surety Bond for Liability Coverage ( i) Data item:

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

( ii) Respondent activities:

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

C Reading the regulations;

C Obtaining the surety bond described above; and C Submitting a copy of this surety bond to the Regional Administrator.

( h) Trust Fund for Liability Coverage ( i) Data item: 51 Sections 264.147( j) and 265.147( j) allow owners or operators to satisfy financial requirements for liability by establishing a trust fund that conforms to the requirements specified in § § 264.147( j) and 265.147( j).

( ii) Respondent activities:

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

C Reading the regulations;

C Establishing the trust fund described above; and C Submitting an originally signed duplicate of the trust agreement to the Regional Administrator.

( i) Adjustments by the Regional Administrator ( i) Data items:

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

C Any information which the Regional Administrator requests to determine whether cause exists for such adjustments of level or type of coverage; and C If the Regional Administrator decides to adjust the level or type of coverage, the data elements necessary for a permit modification ( detailed in ICR # 1573).

( ii) Respondent activities:

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

C Reading the regulations;

C Submitting to the Regional Administrator any requested information; and ° Preparing, writing, and submitting a permit modification if the Regional Administrator decides to adjust level or type of coverage ( specific respondent activities for permit modifications are detailed in ICR # 1573).

( 5) Incapacity of Owners or Operators, Guarantors, or Financial Institutions ( i) Data item: 52 Sections 264.148 and 265.148 require owners or operators to submit, if applicable, a notification of the commencement of a voluntary or involuntary proceeding under Title 11 ( Bankruptcy), U. S. Code, naming the owner or operator as debtor ( if the guarantor is named as the debtor, the collection of this data is the guarantor's responsibility).

( ii) Respondent activities:

Activities for this data collection will include:

C Reading the regulations; and C Submitting, by certified mail, a notice to the Regional Administrator indicating the commencement of bankruptcy proceedings in which the owner or operator or guarantor is named as debtor.

( 6) Use of State Required Mechanisms ( i) Data items:

Sections 264.149 and 265.149 allow owners or operators to use State required financial assurance mechanisms to meet § § 264.143, 264.145, 264.147, 265.143, 265.145, or 265.147 requirements. Data items for this option include:

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

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

 The facility's EPA identification number, name, and address; and  The amount of funds for closure or post closure care or liability coverage assured by the mechanism; and C Any additional information required by the Regional Administrator in order to make the determination.

( ii) Respondent activities:

Activities for this data collection will include:

C Reading the regulations; and C Submitting to the Regional Administrator:  The letter from the owner or operator;

 Written evidence of the establishment of a State required financial assurance mechanism; and 53  Any additional information requested by the Regional Administrator.

( 7) State Assumption of Responsibility ( i) Data items:

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

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

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

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

( ii) Respondent activities:

Activities for this data collection will include:

C Reading the regulations; and C Submitting to the Regional Administrator:

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

( 8) Subpart F and G Requirements ( § § 266.70 and 266.80)

Sections 266.70( d) and 266.80( b)( 2) explain that two specific groups of respondents are also subject to Parts 264 and 265 financial assurance requirements: 54 C Persons who generate, transport, or store recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these; and C Owners or operators of facilities that store spent lead acid batteries before reclaiming them.

CONDITIONS APPLICABLE TO ALL PERMITS ( i) Data items: