The information required under this section will be submitted with the information provided by the owner or operator to establish financial assurance mechanisms.  Therefore, this ICR assumes that any Agency activities related to the requirements of this section are already covered under the previous sections.

	(4)	Liability Requirements

		(a)	Coverage for Sudden or Nonsudden Accidental Occurrences

	Agency activities associated with the establishment of liability coverage for sudden or nonsudden accidental occurrences include reviewing the information submitted and entering information into a database.

		(b)	Request for Variance

	Agency activities associated with allowing owners and operators to obtain a variance from EPA include reviewing requests for variance, including any technical or engineering information required by EPA.

		(c)	Adjustments by the Regional Administrator

	Agency activities associated with allowing the Agency to adjust the level of financial responsibility required under section 264.147 to protect human health and the environment include reviewing any information requested by the Agency and, if the Agency decides to adjust the level or type of coverage, permit modifications.  The Agency burden associated with permit modifications is discussed below under the section entitled "Permit Modifications."

	(5)	Coverage by a State Financial Mechanism

	Agency activities associated with establishing coverage by State financial mechanisms include reviewing letters from owners and operators, written evidence of the establishment of State-required financial assurance mechanisms, or letters from the State describing the State's assumption of responsibility and including the information specified above, and any additional information requested by EPA.

	Topographical Map

	Agency activities associated with the requirement that owners and operators must provide a topographical map include reviewing the topographical map and entering the information into a database.

	Schedules of Compliance

	Agency activities associated with the requirement that owners and operators specify in permits a schedule of compliance leading to compliance with the Act and regulations, where appropriate, include reviewing the following information: schedules of compliance, alternative schedules of compliance under section 270.33(b)(2), applications for two schedules of compliance, and evidence of firm public commitment to cease conducting regulated activities.  The Agency will also enter the information into a database.

Specific Part B Information Requirements for BIFs

	Fugitive Emissions

	Agency activities associated with fugitive emissions demonstrations include reviewing and evaluating information supporting a demonstration for an alternate means of fugitive emissions control and entering this information into a database.

	Part B Information Requirements for the Pre-Trial Burn, Trial Burn, and Post-Trial Burn Periods

	Agency activities associated with the specific Part B information requirements for boilers and industrial furnaces burning hazardous waste requests for an extension of the 720-hour operational period, and statements suggesting the conditions necessary to operate in compliance with sections 266.104 through 266.107 during the pre-trial and post-trial burn periods.  In addition, the Agency must review and evaluate trial burn plans, the data collected during trial burns, the certifications of submissions, and the determinations based on the trial burn.  The Agency must also review and evaluate certifications that the trial burn has been carried out in accordance with the approved plan and submit the results of its determinations.  The Agency must enter all of this information into a database.

	Waivers of the Trial Burn

	(1)	Waiver of the Trial Burn for Boilers Operating Under Special Operating Requirements

	Agency activities associated with the waiver of the trial burn for boilers operating under special operating requirements include reviewing and evaluating the documentation that the boiler operates under the special operating requirements provided by section 266.110 and entering this information into a database.

	(2)	Waiver of the Trial Burn For Boilers and Industrial Furnaces Burning Low-Risk Waste

	Agency activities associated with the waiver of the trial burn for boilers and industrial furnaces burning low-risk waste as specified in sections 266.109(a)(2) and 270.22(a)(2)(ii) include reviewing and evaluating information in support of a waiver of the DRE trial burn and entering this information into a database.

	(3)	Waiver of the Trial Burn for Metals

	Agency activities associated with the waiver of the trial burn for metals as specified in sections 270.22(a)(3) and 266.106 include reviewing and evaluating the information supporting the waiver and entering this information into a database.

	(4)	Waiver of the Trial Burn for Particulate Matter

	Agency activities associated with the waiver of the trial burn for particulate matter as specified in sections 270.22(a)(4) and 266.105 include reviewing and evaluating the information supporting the waiver and entering the information into a database.

	(5)	Waiver of the Trial Burn for HCl and Cl Emissions

	Agency activities associated with the waiver of the trial burn for HCl and Cl emissions as specified in sections 270.22(a)(5) and 266.107 include reviewing and evaluating the information supporting the waiver and entering this information into a database.

	(6)	Data in Lieu of a Trial Burn

	Agency activities associated with the submission of data in lieu of a trial burn as specified in sections 270.22(a)(6), 270.66, and 266.103(c)(3) include reviewing and evaluating information supporting the use of compliance test data, or trial burn data from a similar unit, in lieu of conducting a trial burn, and entering this information into a database.  In addition, the Agency must review, evaluate, and enter into a database the data from the similar unit that is operating under similar conditions.

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

	Agency activities associated with the alternative HC limit for industrial furnaces with organic matter in raw materials include reviewing and evaluating information supporting an alternative HC limit, as provided in sections 270.22(b) and 266.104(f), and entering this information into a database.

	Alternative Metals Implementation Approach

	Agency activities associated with the alternative metals implementation approach include reviewing and evaluating information supporting the approach as provided by sections 270.22(c) and 266.106(f) and entering this information into a database.

	Automatic Hazardous Waste Feed Cutoff System

	Agency activities associated with the automatic hazardous waste feed cutoff system as specified in sections 270.22(d) include reviewing and evaluating the information describing the system and entering this information into a database.

	Direct Transfer Requirements

	Owners and operator of BIFs are not required to submit any information to EPA relating to their direct transfer operations.  EPA may review information on a facility's direct transfer system during facility inspections.

	Regulation of Residues

	Owners and operator of BIFs are not required to submit any information in their Part B Permit Applications relating to their claim of exemption for their residues from classification as hazardous waste.  EPA may review this information, however, during facility inspections.

Permit Modifications for BIFs

	Transfer of Permits

	Agency activities associated with the transfer of permits include reviewing written agreements and entering the information into a database.

	Permit Modification at the Request of the Agency

	Agency activities associated with Agency-initiated permit modifications include reviewing the modification request and entering the information into a database.

	Permit Modification at the Request of the Permittee

	(1)	Class 1 Modifications

	Agency activities associated with applications for Class 1 permit modifications include reviewing notifications required under section 270.42(a)(i), and applicable information required by sections 270.13 through 270.21, 270.62, and 270.63, and entering the information into a database.

	(2)	Class 2 and 3 Modifications

	Agency activities associated with applications for Class 2 or 3 permit modifications include reviewing modifications requests and written notifications, and entering the information into a database.

	(3)	Request for Classification of a Permit Modification

	Agency activities associated with requests for classification of a permit modification include reviewing the information submitted in support of a request, making a determination on the request, and entering the information into a database.

	Temporary Authorizations

	Agency activities associated with applications for temporary authorization include reviewing temporary authorization requests and entering the information into a database.

	Expiration and Continuation of Permits

	Agency activities associated with renewing existing permits include conducting the same
activities as they would for initial permit applications.

	5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

	In collecting and analyzing the information required for boilers and industrial furnaces, EPA uses electronic equipment such as personal computers and applicable database software, where appropriate.

	For information that is kept in facility files rather than submitted, the Agency visits the facility and collect any information that it wishes to review.  Agency management of collected information includes review of information, making determinations, and filing and storing the information collected.

	5(c)	SMALL ENTITY FLEXIBILITY

	In response to concerns regarding the burden placed on facilities that burn small quantities of hazardous waste, EPA has provided for an exemption under section 3004(q)(2)(B) of RCRA.  The Agency has carefully evaluated the risks posed by small quantity burning and concluded that a conditional exemption for small quantity burners should be allowed where hazardous waste combustion poses an insignificant risk.  This small quantity burner exemption would therefore reduce the burden placed on small entities.

	In addition, EPA expects that in certain cases, respondents of small organizations will be able to complete recordkeeping, reporting, and application requirements in less time than large organizations because the permits will not be as detailed, or they will not be required to conduct as many monitoring activities or submit as many reports, because they have fewer activities requiring monitoring and reporting.  However, a parallel does not always exist between the size of an organization and the amount of time needed to maintain records or submit reports.  EPA has taken steps to minimize the burdens for all facilities, regardless of the size of the business.

	5(d)	COLLECTION SCHEDULE

COMPARABLE/SYNGAS FUEL SPECIFICATION

	Section 261.38 exempts comparable/syngas fuel from the definition of solid waste.  As the submittal of a notice to burn such waste is optional, there is no specialized timeframe for submitting the notice or related records.

GENERAL FACILITY STANDARDS APPLICABLE TO BIFs

General Facility Operating Requirements

	The reporting requirements outlined in the regulations will vary according to individual facility circumstances (e.g., when receiving hazardous waste from a foreign source).

Recordkeeping Requirements

	Since the operating record is maintained at the facility, discussion of a collection schedule is not applicable.  Copies of records of waste disposal are submitted to EPA upon closure of the facility.

Contingency Plan and Emergency Procedures

	The contingency plan is collected when the permittee submits the Part B permit application.  A discussion of the contingency plan collection schedule for permitted facilities is included in the permit application and permit modification portion of this ICR.  Since interim status facilities are not required to submit their contingency plans to EPA, discussion of a collection schedule for these facilities is not applicable.

	The owner or operator must submit a written report of any incident that requires implementation of the contingency plan within 15 days after the incident occurs.  The emergency coordinator must immediately notify the appropriate authorities of an imminent or actual emergency situation.

Closure Requirements

	Permitted facilities submit their closure plans to EPA when submitting a Part B permit application.  A discussion addressing collection schedules for permitted facilities is included in the permit application and permit modification portion of this ICR.

	Interim status closure plans must be submitted according to the following schedules:

      ::	The owner or operator must submit the closure plan to the Regional Administrator at least 180 days prior to the date on which he or she expects to begin closure of the first surface impoundment, waste pile, land treatment, or landfill unit, or final closure if it involves such a unit, whichever is earlier;

      ::	The owner or operator must submit the closure plan to the Regional Administrator at least 45 days prior to the date on which he or she expects to begin final closure of a facility with only tanks, container storage, or incinerator units;

      ::	Owners or operators with approved closure plans must notify the Regional Administrator in writing at least 60 days prior to the date on which they expect to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility involving such a unit;

      ::	Owners and operators with approved closure plans must notify the Regional Administrator in writing at least 45 days prior to the date on which they expect to begin final closure of a facility with only tanks, container storage, or incinerator units;

      ::	The owner or operator must submit the 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

            ::	Issuance of a judicial decree or final order under §3008 of RCRA to cease receiving hazardous wastes or close.

	Both interim status and permitted facilities are required to submit closure certifications according to the following schedule:

      ::	The owner or operator must submit a certification of closure to the Regional Administrator within 60 days of final closure.

Financial Requirements

	For closure cost estimates, owners or operators must prepare initial cost estimates for activities identified in the closure plans.  Thereafter, owners or operators must provide annual adjustments of these cost estimates to account for inflation.  Also, owners or operators may be required to prepare new cost estimates, if changes in the closure plan increase closure costs.  This burden will vary from facility to facility.

	For closure care financial instruments, owners or operators must initially establish a financial instrument(s) assuring the cost of closure care.  Thereafter, owners or operators must annually check the amount covered by the instrument(s) to make sure it equals the adjusted cost estimate, and change the amount assured accordingly.

	For liability coverage requirements, owners or operators of facilities identified in sections 264.147 and 265.147 must initially demonstrate liability coverage for sudden and nonsudden accidents during the facilities' active life.  Some of the financial instruments for liability coverage require additional reporting on an annual basis; for example, owners or operators must annually submit documentation to EPA supporting the use of the financial test or guarantee.  Furthermore, owners or operators may also have to provide information due to varying circumstances; for example, whenever a claim for bodily injury or property damages caused by a hazardous waste treatment, storage, or disposal facility is made.

Conditions Applicable to All Permits

	EPA collects information from permitted facilities at intervals specified in the permit.  EPA may also collect other information if the Agency determines that it needs information to determine whether a permit should be terminated, revoked and reissued, or modified.  EPA may collect additional information from permitted facilities if noncompliance with permit conditions occurs.

SPECIFIC UNIT REQUIREMENTS FOR BIFS

Exemptions from the BIF Regulations

	Section 266.100 exempts from BIF regulations certain furnaces engaged in metal or lead recovery, smelting, melting, and refining, and BIFs that burn small quantities of hazardous waste on site.  As the submittal of such a demonstration is optional, there is no specified time frame for submitting these demonstrations.

Permit Standards

	Monitoring and Inspections

	Appendix IX, section 2 specifies testing and reporting procedures that must be followed to ensure that continuous emissions monitoring systems are installed and operated properly.  The results of these tests must be reported to EPA prior to burning, and at times specified in the regulations and the facility's permit.  There is no specified schedule for demonstrations submitted under Appendix IX, section 2.

	Appendix IX, section 3 specifies monitoring and recording procedures that must be followed during burning of hazardous waste.  With the exception of audit samples, which must be submitted with the results of compliance samples in relevant reports, this information is not submitted to EPA, but may be reviewed by the Agency during facility inspections.  There is no specified schedule for demonstrations submitted under Appendix IX, section 3.  There is no specified schedule for submittal of demonstrations performed under section 266.103(e)(8).

	Recordkeeping

	Section 266.102(e)(10) requires owners and operators of BIFs to maintain all information and data collected under this section until closure of the facility.  While this data is not submitted to EPA, the Agency may review records during facility inspections.

Interim Status Standards

	Purpose, Scope, and Applicability

	Facilities that wish to apply for an allowance to burn hazardous waste with a heating value of less than 5,000 Btu/lb must submit documentation to EPA before commencing burning operations.

	Certification of Precompliance

	Appendix IX, section 9.4 requires facilities to submit, upon request, a record of all assumptions and calculations necessary to justify the air pollution control system removal efficiency used.  Section 266.103(b)(1)-(2) requires facilities to submit the certification of precompliance to EPA on or before August 21, 1991.  There is no schedule for submission of a revised certification of precompliance; however, owners and operators may submit such information to revise information on operating conditions at any time.

	Certification of Compliance

	Section 266.103(c)(2) requires BIF owners and operators to provide a notification to EPA at least 30 days prior to compliance testing.  Within 90 days after completion of compliance testing, owners and operators must submit a certification of compliance.  This certification of compliance must be submitted by August 21, 1992, unless the owner or operator applies for and receives an automatic or case-by-case extension.  An automatic extension extends the deadline for submittal of the certification of compliance until August 23, 1993.  A case-by-case extension may be granted in lieu of or after an automatic extension.  The length of this extension is established by the Agency.

	Section 266.103(c)(3)(i) allows BIF owners and operators, upon approval from the Agency, to submit data from one unit in lieu of compliance testing data for a similar unit operating under similar conditions.  Owners and operators must submit information in support of this testing exemption and submit data from the similar unit on the same submission schedule as a certification of compliance.

	As owners and operators may make revisions to the certification of compliance at any time, there is no specified schedule for submission of a revised certification of compliance.  However, at least 30 days prior to first burning hazardous waste under operating conditions that exceed those established under a current certification of compliance, the owner or operator must submit a notification.

	Periodic Recertifications

	Section 266.103(d) requires owners and operators of BIF facilities to submit a recertification of compliance within three years from submitting the previous certification or recertification.

	Automatic Hazardous Waste Feed Cutoff System

	While records of operating parameters recorded during a hazardous waste feed cutoff are not submitted to EPA, EPA may review such records during facility inspections.

	Monitoring and Inspections

	Appendix IX, section 2 specifies testing and reporting procedures that must be followed to ensure that continuous emissions monitoring systems are installed and operated properly.  The results of these tests must be reported to EPA prior to burning, and at times specified in the regulations.  There is no specified schedule for demonstrations submitted under Appendix IX, section 2.

	Appendix IX, section 3 specifies monitoring and recording procedures that must be followed during burning of hazardous waste.  With the exception of audit samples, which must be submitted with the results of compliance samples in relevant reports, this information is not submitted to EPA, but may be reviewed by the Agency during facility inspections.  There is no specified schedule for demonstrations submitted under Appendix IX, section 3.

	In addition, there is no specified schedule for submittal of demonstrations performed under section 266.103(e)(8).

	Recordkeeping

	Section 266.103(k) requires owners and operators of BIFs to maintain all information and data collected under this section until closure of the facility.  While this data is not submitted to EPA, the Agency may inspect records during facility inspections.

Standards to Control Organic Emissions

	Section 266.104(a)(2) requires owners and operators that wish to use as a POHC a compound that is not listed in Appendix VIII to submit a demonstration and receive approval before using such a compound.  There is no specified submission schedule.

Standards to Control Metal Emissions

	Section 266.106(f) requires owners and operators that wish to use an alternative implementation approach for metals to submit a demonstration.  There is no specified submission schedule.

Regulation of Residues

	Section 266.112 allows owners and operators to obtain a hazardous waste exemption for residue derived from burning or processing hazardous waste by submitting a demonstration and receiving approval.  There is no specified submission schedule.

PART B PERMIT APPLICATION AND PERMIT MODIFICATION REQUIREMENTS FOR BIFS

General Part B Information Requirements for BIFs

	Owners and operators of existing facilities may be required to submit a Part B application for their BIF unit(s) at any time during the period covered by this ICR.  Owners and operators also may voluntarily submit their Part B application at any time.  Owners and operators of new BIF units must submit their Part B application at least 180 days before physical construction is expected to commence.

	This ICR assumes that all information required under section 270.10 (Contents of the Permit Application), section 270.14(a) (General Requirements), section 270.14(b)(1)-(14) (General Facility Standards), section 270.14(b)(15)-(16) (Financial Assurance), section 270.14(b)(19) (Topographical Map), and section 270.33 (Schedules of Compliance) is submitted with the Part B application, with the exception of the following financial assurance requirements:

      ::	Cost estimates for closure (§270.14(b)(15) and §264.142).  Cost estimates and documentation of financial instruments for closure care must be submitted to EPA at least 60 days prior to the initial receipt of hazardous waste for treatment, storage, or disposal.  Insurance documentation must be submitted within the same time frame.  Respondents must also submit any requested information and permit modifications to EPA within a reasonable time, if EPA decides that an adjustment is necessary.

      ::	Coverage by a State Financial Mechanism (§270.14(b)(15) and §264.147(b)(18)).  Owners and operators of new facilities must submit proof of coverage by a State financial mechanism to EPA at least 60 days before the date on which hazardous waste is first received for treatment, storage, or disposal.  If a State assumes legal responsibility for a facility's compliance with the closure care or liability requirements, the owner or operator must submit evidence of this to EPA within a reasonable time.

Specific Part B Information Requirements For BIFs

	Fugitive Emissions and Part B Information Requirements for the Pre-Trial Burn, Trial Burn, and Post-Trial Burn Periods

	Sections 270.66, 270.22, 266.102, and 266.104 - .107 specify information that must be submitted in the Part B permit application.  EPA expects that all Part B applications will be called in and submitted during the period covered by this ICR.

	Waivers of the Trial Burn

	Owners and operators wishing to obtain a waiver for certain trial burn requirements under section 270.22(a) must submit information to the Agency in the Part B permit application.

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

	Owners and operators wishing to establish an alternative HC limit must submit information with the Part B permit application.

	Alternative Metals Implementation Approach

	Owners and operators wishing to establish an alternative metals implementation approach must submit information with the Part B permit application.

	Automatic Hazardous Waste Feed Cutoff System

	Owners and operators must submit information concerning the automatic waste feed cutoff system with the Part B permit application.

	Direct Transfer Requirements

	Owners and operator of BIFs are not required to submit any information to EPA relating to their direct transfer operations.  EPA may review information on a facility's direct transfer system during facility inspections.

	Regulation of Residues

	Owners and operators wishing to obtain a hazardous waste exemption for residue derived from burning or processing hazardous waste may submit a demonstration with the Part B permit application.

Permit Modifications for BIFs

	Transfer of Permits

	Upon a change of ownership or operational control of a facility, the new owner or operator must submit a revised permit application to EPA no later than 90 days prior to the scheduled change.  When a transfer of ownership or operational control occurs, the old owner or operator will comply with the requirements of 40 CFR Part 264, Subpart H until the new owner or operator has demonstrated that he or she is complying with the requirements of that Subpart.  The new owner or operator must demonstrate compliance with Subpart H requirements within six months of the date of the change of ownership or operational control of the facility.

	Permit Modification at the Request of the Agency

	Permit modifications made at the request of the Agency are submitted according to the time frame discussed below for permit modifications made at the request of the permittee.

	Permit Modification at the Request of the Permittee

	(1)	Class 1 Modifications

	The permittee must notify EPA concerning the Class 1 modification by certified mail or other means that establishes proof of delivery within seven calendar days after the change is put into effect.  The permittee must also send a notice of the modification to all persons on the facility mailing list within 90 calendar days after the change.  For Class 1 modifications that require prior EPA approval, the notification must be made within 90 calendar days after EPA approves the request.

	(2)	Class 2 and 3 Modifications

	The permittee must send a notice of the Class 2 or 3 modification request to all persons on the facility mailing list and publish the notice in a major newspaper of general circulation within seven days before or after the date of submission of the modification request.

	(3)	Requests for Classification of a Permit Modification

	For permit modifications that are not specifically listed in Appendix I of section 270.42, a permittee may submit information in support of a request for a Class 1 or Class 2 permit modification.  The permittee must submit this information and receive the Agency's determination before making the modification.

	Temporary Authorizations

	The permittee must send a notice regarding the temporary authorization request to all persons on the facility mailing list.  This notification must be made within seven days of the submission of the authorization request.

Expiration and Continuation of Permits

	All RCRA permits must be renewed no later than 10 years after the date of issuance.  Since EPA plans to issue permits for BIF units during the period covered by this ICR, the Agency does not expect to receive any Part B renewal applications.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a)	ESTIMATING RESPONDENT BURDEN

	EPA estimates respondent burden hours associated with all of the information collection requirements covered in this ICR in Exhibits 2 through 6.  These exhibits show the average number of hours required to conduct the information collection activity and the average cost associated with each requirement.  Exhibit 7 summarizes the total respondent burden and costs and provides annual bottom-line burden and costs associated with all information collection requirements applicable to facilities with BIF units.

	The estimated burden and cost represents the average burden and cost incurred by a facility with BIF units.  In developing these estimates, EPA recognizes that the burden for each facility will vary, depending on the number, capacity, and complexity of the BIF units at the facility.  Consequently, the burden estimates included in this ICR neither supersede existing technical guidance nor constitute new guidance on the frequency or cost of complying with the information collection requirements associated with the BIF regulations.

	6(b)	ESTIMATING RESPONDENT COSTS

	Labor Costs

	For purposes of this analysis, EPA estimates an average hourly respondent labor cost of $156.98 for legal staff, $112.47 for managerial staff, $62.58 for technical staff, and $35.99 for clerical staff.  These wage rates are based on salaries, overhead and fringe benefits for the industries listed in section 4.a. "Respondent NAICS Codes", according to the Bureau of Labor Statistics labor rates for 2012.

	Annual Capital and Operation & Maintenance Costs

	Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment.  Capital costs incurred by respondents in this ICR include the cost to buy a monitor, sampling system, and data acquisition system for respondents required to conduct monitoring and inspections of hazardous waste.  These costs are based on annualized costs used in ICR #1361.15, and have been updated to 2013 levels using the Consumer Price Index.

	Operation and maintenance (O&M) costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR.  They are defined by the PRA as "the recurring dollar amount of costs associated with O&M or purchasing services."  O&M costs covered in this ICR include the following:

      ::	Mailing or long-distance phone call (estimated at $4.40 per response);

      ::	Photocopying and document storage overhead (estimated at $.15 per page); and

      ::	Laboratory analysis varies.

These costs are based on O&M costs used in ICR #1361.15, and have been updated to 2013 levels using the Consumer Price Index.

	6(c)	ESTIMATING AGENCY BURDEN AND COST

      EPA estimates an average hourly Agency labor cost of $76.38 for Regional legal staff, $54.94 for Regional managerial staff, $38.56 for Regional technical staff, and $23.44 for Regional clerical staff.  EPA used the 2012 Federal Pay Schedule salary figures to estimate annual compensation of Regional legal, managerial, technical, and clerical staff.  For purposes of this ICR, EPA assigned Regional staff the following government service levels:

      Legal staff		GS-15, Step 1
      Managerial staff	GS-13, Step 1
      Technical staff		GS-11, Step 1
      Clerical staff		GS-06, Step 1

	EPA estimates annual Agency burden hours and costs associated with all the requirements covered in this ICR in Exhibits 8-11.  Exhibit 8 covers general facility standards, Exhibit 9 covers specific unit requirements for BIFs, and Exhibit 10 covers Part B permit application and permit modification requirements.  Exhibit 11 is a summary table of the bottom line Agency burden and cost.

      6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

	Based on data compiled from the EPA Regions, EPA estimated that, over the three-year period covered by  ICR 1361.16, there will be, on average, 114 BIF facilities in operation or in the process of closing (i.e., 42 interim status facilities and 72 permitted facilities).
                                   Exhibit 1
        Average Annual Number of Operating and Closing BIF Facilities
                   During the Three-Year Period of this ICR

                               BIF Facility Type
                      Average Annual Number of Facilities
Interim Status
    Operating
                                      42
    Closing
                                       0
    Subtotal
                                      42
Permitted
    Operating
                                      72
    Closing
                                       0
    Subtotal
                                      72
Total
                                      114

COMPARABLE/SYNGAS FUEL SPECIFICATION (Exhibit 2)

	Exhibit 2 presents the estimated respondent burden and cost associated with hazardous waste listing exemptions for facilities with BIF units.  To qualify for the exclusion under section 261.38, generators must demonstrate that the waste meets the comparable/syngas fuel specification by submitting a one-time notice to EPA or the appropriate State.

GENERAL FACILITY STANDARDS APPLICABLE TO BIFs (Exhibits 3A - 3F)

	Exhibits 3A- 3F present the estimated respondent burden and cost associated with general facility standards for facilities with BIF units.  Facilities with permitted and interim status BIF units will be subject to certain general facility standards of 40 CFR Parts 264 and 265.

General Facility Operating Requirements (Exhibit 3A)

	Foreign Shipment Import Report

	Notice of Appropriate Permits

	EPA estimates that approximately 15 percent of operating BIFs accept off-site waste.  These commercial facilities must submit a one-time notice to these generators before accepting their waste.

	Notice of Part 264 or Part 265, and Part 270 Requirements

	EPA estimates that no facilities with a BIF unit will experience a transfer in ownership each year.  The owners and operators of these facilities will be required to submit a notice of Part 264 or 265 and Part 270 requirements to the new owner or operator of the facility.

	Waste Analysis

	Only operating facilities are required to conduct waste analysis testing.  EPA has information from its Regional offices that indicates that commercial incinerator and land disposal sites have the greatest responsibility for waste analysis.  However, it is assumed that the commercial facilities (that are mostly cement of lightweight aggregate kilns) will be burdened under a separate ICR because they are in compliance with 40CFR Part 63, Subpart EEE standards.

	Waste Analysis Plan

	This ICR assumes that all currently operating facilities with BIF units will have already developed a waste analysis plan.  [This ICR assumes that all facilities with new BIF units will develop this information as part of the Part B permit application.  This burden is covered in the Part B application and modifications portion of this ICR.]  	In addition to preparing a waste analysis plan, all operating BIF facilities must also maintain (i.e., photocopy and file) the plan at the facility until closure.

	Inspection Schedule

	This ICR assumes that all currently operating interim status facilities with BIF units already developed an inspection schedule.  Thus, zero facilities will develop this schedule during interim status before the Part B permit application is submitted.  [This ICR assumes that all facilities with new BIF units will submit this information as part of the Part B permit application.  This burden is covered in the Part B application and modifications portion of this ICR.]

	Personnel Training

	This ICR assumes that all currently operating interim status facilities with BIFs have already developed a personnel training program.  [This ICR assumes that all facilities with new BIF units will submit this information as part of the Part B permit application.  This burden is covered in the Part B application and modifications portion of this ICR.]

	Documentation of Compliance for Ignitable, Reactive, or Incompatible Wastes

	Based on previous experience, EPA estimates that  85% of all facilities with permitted BIF units, or an average of 50 facilities during the period covered by this ICR, will have to maintain documentation of compliance for ignitable, reactive, or incompatible wastes until closure of the facility.

Recordkeeping Requirements (Exhibit 3B)

	Operating Record Requirements

	Only operating facilities are required to comply with the operating record recordkeeping requirements.  There are sixteen information components of the operating record requirements contained in 40 CFR §§264.73(b)(1)-(16) and 265.73(b)(1)-(16).  Some of the requirements apply only to certain types of facilities, while others apply to all operating facilities.  Requirements applicable to BIF units are described below.

	An estimated 85% of all operating facilities must record a description and quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, and disposal (§§264.73(b)(1) and 265.73(b)(1)).  All operating facilities must also describe the location of each hazardous waste within the facility and the waste's quantity (§§264.73(b)(2) and 265.73(b)(2)), and maintain records and results of waste analyses until closure of the facility (§§264.73(b)(3) and 265.73(b)(3)).

	Facilities that have emergency incidents requiring implementation of the contingency plan must maintain (i.e., photocopy and file) written documentation of the incident until closure of the facility (§§264.73(b)(4) and 265.73(b)(4)).  EPA estimates that 1 BIF (permitted) will experience an emergency incident and be required to comply with this regulation.

	An estimated 85% of all operating BIF facilities are required to maintain updated inspection information in the operating record until closure of the facility (264.73 and 265.73(b)(5)).

	Only facilities that receive hazardous waste from an off-site source are required to maintain (i.e., photocopy and file) until closure all notices for generators verifying that they have a permit to handle the hazardous waste they are receiving (§§264.73(b)(7) and 265.73(b)(7)).  Thus, EPA has determined that 15 percent of the operating BIF universe will need to maintain until closure, in the operating record, the notice to generators.

	All operating BIF facilities will need to maintain a closure cost estimate in the operating record until closure of the facility (§§264.73(b)(8) and 265.73(b)(7)).

	All facilities with permitted BIF units will need to maintain until closure in the operating record a certification of waste minimization efforts (§264.73(b)(9)).

	All facilities will meet with State and local authorities annually to discuss emergency arrangements (§264.37(b)).  These facilities also must document any refusal of State and local agencies to enter into arrangements to address emergency situations (§264.14(b)).  EPA estimates that only one percent of all operating BIF facilities will be required to comply with this regulation.

Contingency Plan and Emergency Procedures (Exhibit 3C)

	Contingency Plan Requirements

	This ICR assumes that all currently operating facilities with BIF units have already developed a contingency plan.  [This ICR assumes that all facilities with new BIF units will submit this information as part of the Part B permit application.  This burden is covered in the Part B application and modifications portion of this ICR.]  In addition, EPA estimates that 20 percent of all BIF facilities will amend their contingency plans annually and submit it to the local authorities.  In addition to preparing a contingency plan, 85% of all operating BIF facilities must also maintain (i.e., photocopy, file, and update) the plan at the facility until closure.

	Emergency Reporting and Recordkeeping Requirements

	Based on program experience, the Agency estimates that one percent of all facilities will experience an emergency situation each year that will require the help of State or local authorities with designated response roles.  Therefore, approximately one facility with permitted units and zero facilities with interim status units will be required to notify these authorities of an actual or imminent emergency situation (§§264.56(a)(2) and 265.56(a)(2)) each year.

	EPA estimates that no facilities experiencing an emergency situation will have a release, fire, or explosion for which the emergency coordinator determines that it may be advisable to evacuate local areas (§§264.56(d)(1) and 265.56(d)(1)).

	EPA estimates that one percent of BIF facilities will notify either a government official designated as the on-scene coordinator or the National Response Center of a release, fire, or explosion (§§264.56(d)(2) and 265.56(d)(2)).  EPA estimates that only one percent of all facilities will have emergency incidents requiring implementation of the contingency plan.  Therefore, approximately one facility with permitted units and zero facilities with interim status units will be required to prepare this notification.

	All owners and operators experiencing an emergency situation are required to notify the Regional Administrator that the facility is in compliance before resuming operation in the affected areas.  The owner or operator of these facilities must also submit a written report to the Regional Administrator 15 days after the incident (§§264.56(j) and 265.56(j)).  [The respondent burden for recording emergency details in the operating record is covered in the operating record section.]

Closure Requirements (Exhibit 3D)

	EPA estimates that two interim status BIF facilities will initiate closure annually during the period covered by this ICR.

	Reading the Regulations

	All operating BIF facilities are expected to read the closure regulations each year.

	Closure Plans

	This ICR assumes that all currently operating interim status facilities with BIF units already developed the closure plan.  [This ICR assumes that all facilities with new BIF units will submit this information as part of the Part B permit application.  This burden is covered in the Part B application and modifications portion of this ICR.]

	Notification and Amendment of the Closure Plan

	EPA estimates that five percent of facilities with BIF units will amend their closure plans annually and will submit a request to the Regional Administrator to authorize a change in the closure plan.  Thus, zero facilities with interim status units will submit a closure plan amendment.  [Since closure plan amendments for permitted units are associated with permit modifications, amendments are covered in the Part B applications and modifications section of this ICR.]

	Partial Closure and Final Closure Notification

	All owners and operators who intend to close their facility annually must notify EPA of closure.  Thus, EPA expects two facilities with BIFs to submit a closure plan during the period covered by this ICR.

	Extensions and Allowances During the Closure Period

	EPA expects that five percent of the facilities intending to close their facility will apply for each of the exemptions.  Thus, zero facilities will submit the paperwork associated with the exemptions.

	Closure Certification

	EPA does not expect any of the facility to complete closure activities within the three years covered by this ICR

Financial Requirements (Exhibit 3E)

	Reading the Regulations

	All facilities with BIF units are expected to read the financial requirements regulations.

	Financial Responsibility for Corrective Action

	Because financial responsibility for corrective action is required under Part 264, only permitted units are included in the burden estimate.  Roughly 80 percent of permitted facilities complete a RCRA Facility Assessment (RFA) that indicated that further investigation, or a RCRA Facility Investigation (RFI), was necessary.  These facilities will need to include this financial assurance documentation in their permit renewals; because most TSDF permits are valid for five years, EPA estimates that each year approximately 20 percent will submit financial assurance documentation for corrective action.  EPA estimates that ten percent of these facilities per year will need to provide the additional demonstration of denied permission to implement corrective action beyond facility boundaries.

	Cost Estimates for Closure Care

	This section covers the burden for owners or operators to collect data, prepare the written cost estimate, update cost estimates on a yearly basis to reflect inflation, amend cost estimates due to changes in the closure care plan, and maintain closure cost estimates and any adjustments until closure.  All interim status facilities already prepared the cost estimate.  All BIF facilities will adjust estimates annually to reflect inflation.  For amendments of cost estimates due to changes in closure plans, EPA estimates that five percent of all facilities with interim status units will amend their closure plans annually.  [Since closure plan amendments for permitted units are associated with permit modifications, such amendments are instead discussed in the Part B permit applications and modification section of this ICR.]

	Closure Financial Assurance Requirements

	Because evidence of establishing a financial instrument for closure care may be submitted with the Part B permit application, such activities for facilities with new BIF units are discussed in the Part B permit applications and modification portion of this ICR.  However, prior to submitting a permit application, facilities with interim status BIF units must present evidence of an established financial instrument for closure care under §§265.143.  In addition, the burden associated with annual updates or modifications to instruments for financial assurance is calculated in this exhibit for both permitted and interim status facilities.

	This ICR assumes that all interim status facilities with BIF units will already have submitted financial assurance documentation.  Thus, zero facilities will perform the activities discussed above.  However, five percent of interim status facilities will amend the trust fund documentation due to changes in the closure plan.  EPA estimates that approximately zero facilities with interim status BIF units and zero facilities with permitted units will have to amend the closure trust fund.

	EPA projects that five percent of all facilities with BIF units will amend closure financial instruments due to changes in the cost estimates or plans.  Therefore, EPA estimates that five percent of the facilities choosing each of these financial instruments will need to modify the amounts covered by each instrument.  Finally, all facilities covered under the financial test will need to submit annual updates; accordingly, 50 percent of operating facilities will submit this update (as the other 50% use the financial test to comply with liability coverage requirements).

	EPA estimates that two percent of all facilities with BIFs will prepare a notification of reduction of liability coverage.

	Liability Requirements

	EPA calculates the number of respondents for demonstrating liability coverage in a manner similar to determining the number of closure care respondents.  Because evidence of establishing a financial instrument for liability coverage may be submitted with the Part B permit application, such activities for facilities with new BIF units are discussed in the Part B permit application and permit modification portion of this ICR.  However, prior to submitting a permit application, facilities with interim status BIF units must present evidence of an established financial instrument for liability coverage under §265.147.  In addition, the burden associated with annual updates or modifications to financial instruments for liability coverage is calculated in this exhibit for both permitted and interim status facilities.  EPA assumes that all interim status BIF facilities have already submitted the requirements discussed above.

	EPA expects that all BIF facilities using the financial test or guarantee will submit the financial test documentation on an annual basis for review.

	EPA estimates that one percent of all facilities with BIFs will become bankrupt and will need to submit evidence of insurance.  EPA estimates, based on earlier estimates, that no facilities with BIF units will submit claim notifications.

	Incapacity of Owners or Operators, Guarantors, or Financial Institutions

	As discussed above, the average bankruptcy rate of one percent will generate zero facilities with permitted units and zero facilities with interim status units to the requirements for the incapacity of owners or operators, guarantors, or financial institutions.

	Use of State-Required Mechanisms and State Assumption of Responsibility

	EPA estimates that no facilities with BIF units will choose to use State-required mechanisms and State assumption of responsibility for financial requirements.

Conditions Applicable to All Permits (Exhibit 3F)

	EPA estimates that each year 30 percent of all facilities with permitted BIF units will submit a permit modification at the request of the Agency.  These permittees will be required to furnish any relevant information requested by EPA to determine whether cause exists to modify, revoke and reissue, or terminate a permit, or to determine compliance with a permit.

	EPA estimates that five percent of facilities with permitted BIF units will annually submit a notice of physical alterations or additions.  Of these facilities, 50 percent will submit a notice of planned changes that may result in noncompliance with permit requirements.  Of these facilities, 50 percent will submit a letter each year certifying that the facility has been constructed or modified in compliance with the terms of the permit.

	EPA estimates that all facilities with permitted BIF units will submit monitoring reports.  EPA further estimates that 10 percent of facilities with permitted BIF units will be required to prepare and submit reports of compliance and noncompliance with the compliance schedule at intervals specified in the permit.

	EPA estimates that ten percent of all facilities with BIF units will experience a release, fire, or explosion that may threaten drinking water supplies, human health, or the environment outside the facility.  These facilities will be required to submit a report within 24 hours of the incident and a more detailed written notice or report within 5 or 15 days, respectively, of the incident.

	EPA estimates that 20 percent of all facilities with permitted BIF units will be required to submit reports of other noncompliance that are not submitted with monitoring reports, compliance schedule reports, and reports of releases, fires, and explosions.  An additional ten percent will submit amended information that was incorrect or omitted during an initial submittal.

SPECIFIC UNIT REQUIREMENTS FOR BIFs (Exhibit 4)

	Exhibit 4 presents estimated respondent burden and cost associated with specific unit requirements for BIFs.  This section discusses the estimated respondent universe for facilities with BIF units subject to the specific unit requirements of 40 CFR Part 266, Subpart H.

Exemptions from the BIF Regulations

	40 CFR 266.100 and 266.108 exempt certain BIFs from BIF regulations promulgated at 40 CFR Part 266, Subpart H, and sections 270.22 and 270.66.  For one-time requirements, this ICR covers only those facilities that will be applying for an exemption during the period covered by this ICR (i.e., facilities that have already applied for such an exemption are not accounted for in the respondent burden in this ICR).  For on-going requirements related to exemptions from the BIF regulations (e.g., sampling and analyzing hazardous waste), this ICR covers both those facilities that have already received exemptions and those that are expected to apply for such an exemption during the period covered by this ICR.

	Exemptions for Metal Recovery Furnaces

	EPA estimates that 21 facilities are currently operating under a metal recovery furnace exemption.  These facilities are expected to read the regulations, sample and analyze hazardous waste three times each year and maintain records until closure of the facility. In addition to the activities described above, new facilities would be required to submit a one-time notice (facilities that currently operate under an exemption have already incurred this burden and therefore are not burdened in this ICR).  Any facility that is a lead or nickel-chromium recovery furnace or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing would have to submit an additional one-time notice.

	Exemptions for Smelting, Melting, and Refining Furnaces that recover precious metals

	EPA estimates that nine facilities are currently operating under an exemption for smelting, melting, and refining furnaces.  These facilities are expected to read the regulations, sample and analyze hazardous waste three times each year and maintain records until closure of the facility.  In addition to the activities described above, these facilities will submit a one-time notice (facilities that currently operate under an exemption have already incurred this burden and therefore are not burdened in this ICR).

	Lead Recovery Furnace Exemption

	To claim the lead recovery exemption, the facility owner must submit a one-time notice to EPA.  EPA estimates that currently no facility will claim the lead recovery furnace exemption.  Because no facilities will complete the exemption requirement under section 266.100(h), this requirement does not contribute to the bottom-line burden of this ICR.

	Small Quantity On-Site Burner Exemption

	Facilities applying for this exemption are expected to read the regulations, gather and analyze data three times each year and maintain records until closure of the facility.  In addition to the activities described above, these facilities will submit a one-time notice (facilities that currently operate under an exemption have already incurred this burden and therefore are not burdened in this ICR).

Permit Standards

	Monitoring and Inspections

	40 CFR 266.102(e)(8) and Appendix IX, sections 2 and 3 contain monitoring and inspection requirements for BIF units and equipment, hazardous waste feed, and stack emissions. EPA estimates the respondent universe for each of these requirements as follows:

      ::	EPA estimates that 85% of facilities with permitted BIF Units will perform the following activities to comply with Appendix IX, section 2 requirements:

            	::Test the calibration drift (CD), response time (RT), calibration error (CE) test procedure, and relative accuracy (RA) test procedure (Appendix IX, sections 2.1 and 2.2), including a daily calibration check for each monitor (<IP_ADDRESS> and <IP_ADDRESS>) and a daily system audit (<IP_ADDRESS> and <IP_ADDRESS>), and provide the required maintenance for monitoring systems; since much of this work is typically performed by sophisticated monitoring systems, EPA estimates that technical staff typically spend an hour per day ensuring that monitoring equipment is operating properly.

            	::Record the CEMS response immediately after a calibration drift test (Appendix IX, sections <IP_ADDRESS>.1 and <IP_ADDRESS>.1);

            	::Record the time (upscale response time) required to reach 95 percent of the stable value during the CD test (Appendix IX, sections <IP_ADDRESS>.1 and <IP_ADDRESS>.1);

            	::Record the responses of the CEMS at three measurement points (Appendix IX, sections <IP_ADDRESS>.1.2 and <IP_ADDRESS>.1.2);

            	::Summarize results on data sheets (Appendix IX, sections <IP_ADDRESS>.2, <IP_ADDRESS>.2, <IP_ADDRESS>.5, <IP_ADDRESS>.2, and <IP_ADDRESS>.2);

            	::Prepare a report of the data from all performance test methods (Appendix IX, section <IP_ADDRESS>.3); and

            	::Prepare and submit a report of the results of the CD, RA, response time, and CE test, as appropriate (Appendix IX, sections 2.1.8 and 2.2.8);

      ::	EPA estimates that ten percent of facilities with permitted BIF units will need to take the combustion unit out of service during the calibration drift test period and record the onset and duration of downtime (Appendix IX, section <IP_ADDRESS> and <IP_ADDRESS>);

      ::	EPA estimates that five percent of facilities with BIF units will request approval for an alternative relative accuracy procedure (Appendix IX, section <IP_ADDRESS>;

      ::	EPA estimates that five percent of facilities with BIF units will request approval for an alternative calibration procedure (Appendix IX, section <IP_ADDRESS> and <IP_ADDRESS>);

      ::	EPA expects that all facilities with new BIF units will develop a quality assurance (QA) program to evaluate and monitor CEMS performance (Appendix IX, sections 2.1.10 and 2.2.9) [EPA expects that all facilities with existing BIF units will develop such a plan under interim status];

      ::	EPA expects 85% of all facilities with permitted BIF units to carry out the QA plan by conducting a quarterly CE test (<IP_ADDRESS> and <IP_ADDRESS>) (for a total of 201 activities) and an annual specification test (<IP_ADDRESS> and <IP_ADDRESS>);

      ::	EPA estimates that five facilities with permitted BIF units will use an alternative metals implementation approach.  These facilities will perform the following activities once each working day (330 times per year) to comply with Appendix 3 requirements:

            	:: Determine emissions of metals (Appendix IX, section 3.1);

            	:: Record data for metals sampling trains (Appendix IX, section <IP_ADDRESS>.5); and

            	:: For monitoring of metals, record emissions data and maintain a laboratory log for all calibrations (Appendix IX, section 3.1.6).

      ::	EPA estimates that 85% of all facilities with permitted BIF units will perform the following activities regularly to comply with 40 CFR 266.102(e)(8) requirements:

            	::	Conduct monitoring and inspections of hazardous waste, other fuels and feedstock, and stack gas emissions (§266.102(e)(8)(i));

            	::	Inspect the BIF and associated equipment at least each working day (§266.102(e)(8)(iii)); and

            	::	Record monitoring and inspection data (§266.102(e)(8)(v)).

		Capital and O&M costs associated with these activities include the purchasing and maintenance of continuous emissions monitors, sampling equipment, and a data aquisition system.  The estimated purchase price of the equipment is $101,547.

      ::	EPA estimates that ten percent of facilities with permitted BIF units will demonstrate that weekly inspections of the hazardous waste feed cutoff system would unduly restrict or upset operations, and will receive approval for monthly inspections.  EPA expects that these facilities will be granted approval to perform inspections every 30 days, for a total of 48 (4 x 12) activities.  EPA expects the remaining 50 facilities with permitted BIF units to inspect their hazardous waste feed cutoff system weekly, for a total of 2,756 (50 x 52) activities.

	Recordkeeping

	EPA expects all facilities with permitted BIF units to comply with recordkeeping requirements.

Interim Status Standards

	Purpose, Scope, and Applicability

	EPA estimates that one industrial furnace feeds hazardous waste for a purpose other than solely as an ingredient at any location other than the hot end where products are normally discharged or where fuels are normally fired.  This furnace is assumed to be non-commercial facility that performs tests 12 times annually, for a total of 12 activities.  This facility must also determine that adequate oxygen is present in combustion gases to combust organic constituents in the waste and retain documentation in the operating record until closure of the facility.

	EPA expects 85% all facilities with interim status units will conduct analyses and maintain records until closure documenting that impermissible dilution or blending has not occurred.  EPA estimates that each year five percent of facilities with interim status BIFs will seek an allowance for burning hazardous waste that has a heating value of less than 5,000 Btu/lb, and 20 percent of these facilities (zero facilities) will seek an allowance for burning such waste in a halogen acid furnace.

	Certification of Precompliance

	This ICR assumes that no facilities subject to the BIF regulations comply with certification of precompliance regulations anymore.  Thus, this section does not apply.

	Certification of Compliance

	All facilities should have submitted a certification of compliance for their BIF unit(s) by August 21, 1992, unless they received an automatic or case-by-case extension from EPA.  The automatic extension postponed the submittal date for the certification of compliance until August 23, 1993.  EPA estimates that there are currently zero facilities with BIF units that are operating under a case-by-case time extension.  Thus, this section does not apply.

	Periodic Recertifications

	All facilities with interim status BIF units must submit a periodic recertification every three years.

	Automatic Hazardous Waste Feed Cutoff System

	EPA expects 85% facilities with interim status units to experience an average of 12 emergency cutoff occurrences per year.

	Fugitive Emissions

	EPA estimates that ten percent of facilities with interim status BIFs (five facilities) will submit a demonstration for an alternate means of fugitive emissions control.

	Monitoring and Inspections

	40 CFR 266.103(j) and Appendix IX, sections 2 and 3 contain monitoring and inspection requirements for BIF units and equipment, hazardous waste feed, and stack emissions.  EPA estimates the respondent universe for each of these requirements as follows:

      ::	EPA estimates that 85% all facilities with interim status BIF units will perform the following activities once per year to comply with Appendix 2 requirements:

            	::	Test the calibration drift (CD), response time (RT), calibration error (CE) test procedure, and relative accuracy (RA) test procedure (Appendix IX, sections 2.1 and 2.2), including a daily calibration check for each monitor (<IP_ADDRESS> and <IP_ADDRESS>) and a daily system audit (<IP_ADDRESS> and <IP_ADDRESS>), and provide the required maintenance for monitoring systems; since much of this work is typically performed by sophisticated monitoring systems, EPA estimates that technical staff typically spend an hour per day ensuring that monitoring equipment is operating properly, for an average total of 330 technical hours over the course of a year;

            	::	Record the CEMS response immediately after a calibration drift test (Appendix IX, sections <IP_ADDRESS>.1 and <IP_ADDRESS>.1);

            	::	Record the time (upscale response time) required to reach 95 percent of the stable value during the CD test (Appendix IX, sections <IP_ADDRESS>.1 and <IP_ADDRESS>.1);

            	::	Record the responses of the CEMS at three measurement points (Appendix IX, sections <IP_ADDRESS>.1.2 and <IP_ADDRESS>.1.2);

            	::	Summarize results on data sheets (Appendix IX, sections <IP_ADDRESS>.2, <IP_ADDRESS>.2, <IP_ADDRESS>.5, <IP_ADDRESS>.2, and <IP_ADDRESS>.2);

            	::	Prepare a report of the data from all performance test methods (Appendix IX, section <IP_ADDRESS>.3); and

            	::	Prepare and submit a report of the results of the CD, RA, response time, and CE test, as appropriate (Appendix IX, sections 2.1.8 and 2.2.8);

      ::	EPA estimates that ten percent of facilities with interim status BIF units (3 facilities) will need to take the combustion unit out of service during the calibration drift test period and record the onset and duration of downtime (Appendix IX, section <IP_ADDRESS> and <IP_ADDRESS>);

      ::	EPA estimates that five percent of facilities with interim status BIF units (two facilities) will request approval for an alternative relative accuracy procedure (Appendix IX, section <IP_ADDRESS>;

::	EPA estimates that five percent of facilities with BIF units will request approval for an alternative calibration procedure (Appendix IX, section <IP_ADDRESS> and <IP_ADDRESS>);

::	EPA estimates that all facilities with existing BIF units will already have developed a quality assurance (QA) program during interim status to evaluate and monitor CEMS performance (Appendix IX, sections 2.1.10 and 2.2.9);

::	EPA expects 85% facilities with interim status BIF units to carry out the QA plan by conducting a quarterly CE test (<IP_ADDRESS> and <IP_ADDRESS>) (for a total of 188 activities) and an annual specification test (<IP_ADDRESS> and <IP_ADDRESS>);

      ::	EPA estimates that four facilities with interim status BIF units will use an alternative metals implementation approach.  These facilities will perform the following activities each working day (330 times per year) to comply with Appendix 3 requirements:

            	::	Determine emissions of metals (Appendix IX, sections 3.1);

            	::	Record data for metals sampling trains (Appendix IX, section <IP_ADDRESS>.5); and

            	::	For monitoring of metals, record emissions data and maintain a laboratory log for all calibrations (Appendix IX, sections 3.1.6).

      ::	EPA estimates that 85% of all facilities with interim status BIF units will perform the following activities regularly to comply with 40 CFR 266.103(j) requirements:

            	::	Conduct monitoring and inspections of hazardous waste, other fuels and feedstock, and stack gas emissions (§266.103(j)(1));

            	::	Inspect the BIF and associated equipment at least each working day (§266.103(j)(2)); and

            	::	Record monitoring and inspection data (§266.103(j)(4)).

   * Capital and O&M costs associated with these activities include the purchasing and maintenance of continuous emissions monitors, sampling equipment, and a data aquisition system.  The estimated purchase price of the equipment is $93,930.

      ::	EPA estimates that ten percent of facilities with interim status BIF units will demonstrate that weekly inspections of the hazardous waste feed cutoff system would unduly restrict or upset operations, and will receive approval for monthly inspections.  EPA expects that these facilities will be granted approval to perform inspections every 30 days, for a total of 60 (5 x 12) activities.  EPA expects the remaining 29 facilities with interim status BIF units to inspect their hazardous waste feed cutoff system weekly, for a total of 1508 activities.

	Recordkeeping

	EPA expects all 85% of all  facilities with interim status BIF units to comply with recordkeeping requirements.

Standards to Control Organic Emissions

	EPA estimates that no facilities with permitted units will submit a demonstration.

Standards to Control Metals Emissions

	EPA estimates that 20 percent of all facilities with interim status BIF units will utilize the alternate metals implementation approach.  However, these facilities have already submitted their documentation of the demonstration.  Thus, zero facilities will submit documentation showing compliance with the alternate metals approach.  [Facilities with permitted BIF units submit this information with the Part B permit application.  Therefore, these facilities are burdened in the Part B permit applications and modifications portion of this ICR.]

Direct Transfer Requirements

	EPA estimates that 10 percent of facilities with BIF units will want to want to use the direct transfer provisions of §266.111 to transfer their hazardous waste.  These facilities will need to conduct periodic inspections of their waste and record and maintain inspection data.  Facilities with interim status units will also have to collect data, submit a certification that the installation meets NFPA codes, and maintain this data under §266.111(d)(2).  EPA further estimates that 20 percent of these facilities have existing direct transfer equipment that does not have secondary containment, and therefore, will collect data to support, and obtain and keep on file, a written assessment that attests to the equipment's integrity.  [Facilities with permitted BIF units submit this information with the Part B permit application.  Therefore, these facilities are burdened in the Part B permit applications and modifications portion of this ICR.]

Regulation of Residues

	EPA estimates that all facilities with cement kilns will want to apply for an exclusion for their residue from classification as hazardous waste.  EPA expects that an average of eleven of these facilities will be operating under permits.  EPA expects cement kilns to test their residues 52 times per year.  EPA expects other facilities to conduct residue testing 12 times per year.

	EPA estimates that the facilities with interim status units will also maintain a supporting rationale for handling nondetect data points.  EPA estimates that ten percent of the facilities applying for an exclusion (one facility per year) will maintain a supporting rationale for an alternate statistical approach.  [Facilities with permitted BIF units submit this information with the Part B permit application.  Therefore, these facilities are burdened in the Part B permit applications and modifications portion of this ICR.]

PART B PERMIT APPLICATION AND PERMIT MODIFICATIONS REQUIREMENTS FOR BIFs (Exhibits 5A - 5C)

	Exhibits 5A, 5B, and 5C present estimated respondent burden and cost associated with Part B information requirements and permit modifications for facilities with BIF units.  Exhibit 5A covers general Part B information requirements applicable to facilities with BIFs.  Exhibit 5B includes unit-specific requirements applicable to BIF units, and Exhibit 5C covers information submitted with permit modifications.

	General Part B Information Requirements for BIFs (Exhibit 5A)

	Exhibit 5A presents burden and cost estimates for general Part B information requirements for facilities with BIF units.  This section discusses the respondent universe for these requirements.

	Legal Review

	EPA estimates that for all facilities submitting a Part B permit application owners/operators will have legal counsel review the completed application prior to submittal to EPA, even though there is no regulatory requirement to do so.

	General Requirements

	EPA estimates that each year one percent of the facilities submitting a Part B permit application for their BIF unit(s) will submit a demonstration for relief from specific Part B information requirements under §270.14(a).

	General Facility Standards

	Based on previous experience, EPA makes the following estimates regarding the Part B requirements for general facility standards:

      ::	All facilities submitting a Part B permit application for BIF units will read the regulations, prepare a written description of the facility, and submit and file the general facility standards information;

      ::	The burden associated with preparing the waste analysis plan, inspection schedule, personnel training programs, contingency plan, and closure descriptions and estimates for current facilities with interim status BIF units are covered in the general facility standards portion of this ICR.  Therefore, this section only covers the burden for facilities that are expected to begin burning hazardous waste in BIF units during the period covered by this ICR.  EPA expects that an average of three facilities per year will submit a Part B permit application for a new BIF unit.

      ::	EPA estimates that each year one percent of the facilities submitting a Part B permit application for its BIF unit(s) will submit a demonstration for a waiver of the security procedures and equipment requirements (§270.14(b)(4)).  EPA estimates that all facilities applying for a waiver will receive one.

      ::	One percent of the facilities submitting a Part B permit application will submit a demonstration for an exemption from special equipment requirements;

      ::	One percent of facilities submitting a Part B permit application will submit a demonstration for an exemption from aisle space requirements under §270.14(b)(6);

      ::	Forty percent of the facilities submitting a Part B permit application for their BIF unit(s) will have to submit information regarding ignitable, reactive, or incompatible wastes under §270.14(b)(9);

                     # All facilities submitting a Part B permit application will submit a description of traffic patterns, volume, and control, and compile and document facility location information;

                     # No facilities will prepare a demonstration of compliance with the seismic standard under §270.14(b)(11)(ii);

                     # EPA estimates that 24 percent of facilities submitting a part B permit application (two facilities) are located in a 100-year floodplain.  These facilities will have to submit an engineering analysis and engineering studies under §270.14(b)(11)(iv); and

                     # EPA estimates that no facilities submitting a Part B permit application for their BIF units will submit a compliance plan and schedule.

                     # EPA estimates that new facilities submitting Part B permit applications will prepare an outline of personnel training program, write descriptions of the necessary closure activities, estimate final closure, and write the closure schedule.

	Financial Assurance

	The burden associated with preparing financial assurance materials for current facilities with interim status BIF units are covered in the general facility standards portion of this ICR.  Therefore, this section only covers the burden for facilities that are expected to begin burning hazardous waste in BIF units during the period covered by this ICR.  EPA expects that an average of three facilities per year will submit a Part B permit application for a new BIF unit.  Of these facilities, EPA estimates that 80 percent (two facilities) will secure financial assurance through outside institutions.  These facilities will submit financial assurance documentation as part of their Part B permit application.  EPA does not anticipate that any of the facilities seeking a permit for their BIF unit(s) will choose to use a State financial mechanism in lieu of the Federal mechanisms.  All facilities with new BIF units must submit documentation of liability coverage for sudden accidental occurrences.

	EPA estimates that no facilities will submit an application for a variance from the financial responsibility requirements.

	Topographical Map

	All facilities submitting a Part B permit application for their BIF unit(s) must submit a topographical map as required under §270.14(b)(9) in their Part B permit applications.

	Schedules of Compliance

	EPA estimates that five percent of all facilities submitting a Part B permit application for their BIF unit(s) will submit a schedule of compliance with their application.  Of these facilities, EPA expects that none will submit an alternative schedule of compliance, and none will submit an application for two compliance schedules.  EPA does not anticipate that any facilities will submit evidence of firm public commitment to cease conducting regulated activities.

Specific Part B Information Requirements for BIFs (Exhibit 5B)

	Exhibit 5B presents burden and cost estimates for unit-specific Part B information requirements associated with BIFs.  This section discusses the respondent universe for these requirements.

	Fugitive Emissions

	EPA estimates that ten percent of all facilities submitting a Part B application for their BIFs will submit a demonstration in support of an alternate means of fugitive emissions control.

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

	EPA expects all facilities submitting a Part B permit application for their BIF unit(s) will submit statements suggesting the conditions necessary to operate in compliance with §266.104 through §266.107 during the pre-trial burn and post-trial burn periods.  These facilities are also expected to submit a trial burn plan and all required certifications.  EPA also expects all these facilities, minus the estimated two facilities per year that will submit data in lieu of a trial burn under §270.22(a)(6) (23 - 2 = 21), to conduct the trial burn and make determinations and submit a trial burn report.  EPA also estimates equipment costs, as shown in the exhibit.

	EPA expects no facilities will submit a request for an extension of the 720-hour operational period with the Part B application.

	EPA estimates that one facility per year will request a later date for submission of the Part B permit application or the trial burn results.

	Waivers of the Trial Burn

	(1)	Waiver of the Trial Burn for Boilers Operating Under Special Operating Requirements

	EPA estimates that there are 30 permitted facilities with boiler units, three of which are expected to submit a Part B permit application over the period covered by this ICR.  EPA estimates that 30 percent of all facilities with boiler units will submit a demonstration for a waiver of the trial burn.  .

	(2)	Waiver of the Trial Burn for BIFs Burning Low Risk Waste

	EPA estimates that annually, five facilities will submit a demonstration in support of a waiver on the basis of low risk waste.

	(3)	Waiver of the Trial Burn for Metals

	EPA estimates that 20 percent of all facilities submitting Part B permits will submit a demonstration in support of a waiver of the trial burn for metals

	(4)	Waiver of the Trial Burn for Particulate Matter

	EPA estimates that 20 percent of all facilities submitting part B permits will submit a demonstration in support of a waiver of the trial burn for particulate matter.

	(5)	Waiver of the Trial Burn for HCl and Cl2 Emissions

	EPA estimates that 30 percent of all facilities submitting part B permits will submit a demonstration in support of a waiver of the trial burn for HCl and Cl2.

	(6)	Data in Lieu of a Trial Burn

	EPA estimates that ten percent of all facilities submitting a part B permit will submit information in support of providing data from compliance testing of the device, or data from compliance testing, trial burns, or operational burns for a similar unit, in lieu of compliance testing.

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

	EPA estimates that ten percent of all facilities with permitted BIF units will submit with the Part B application a demonstration in support of an alternative HC limit.  .

	Alternative Metals Implementation Approach

	EPA estimates that 20 percent of all facilities with new BIF units will submit a demonstration in support of an alternative metals implementation approach with the Part B permit application. [Facilities submitting this information before submitting a Part B permit application are covered in the specific units portion of this ICR.]

	Automatic Hazardous Waste Feed Cutoff System

	EPA assumes that all facilities submitting a Part B permit application for their BIF unit(s) will provide information on the automatic hazardous waste feed cutoff system.

	Direct Transfer Requirements

	EPA estimates that 10 percent of all facilities with BIF units will want to use the direct transfer provisions of §266.111 to transfer their hazardous waste.  EPA expects existing facilities to submit information on their direct transfer systems during interim status, before submittal of the Part B permit application.  [The burden for these facilities is covered in the specific units portion of this ICR.]  EPA expects only new facilities to prepare and submit direct transfer information with the Part B permit application.  Thus, EPA expects that zero facilities per year to collect data and obtain a certification that the installation meets NFPA codes.  EPA expects that these facilities will have existing direct transfer equipment that has secondary containment, and therefore will not need to collect data to support, and obtain and keep on file, a written assessment that attests to the equipment's integrity.

	Regulation of Residues

	EPA estimates that approximately one-third of all facilities will submit demonstrations in support of an exclusion from classification as hazardous waste for their residues.  EPA expects facilities with new BIF units that apply for this exclusion to prepare and maintain a rationale for handling non-detect data points.  Thus, EPA expects that annually, one facility with new BIF units to prepare such information.  EPA does not expect any of these facilities to apply for an alternate statistical approach.  [EPA expects existing facilities to submit this information during interim status, before submitting a Part B permit application.  These facilities are covered in the specific units portion of this ICR.]

Permit Modifications for BIFs (Exhibit 5C)

	Exhibit 5C presents burden and cost estimates associated with permit modifications and expiration and continuation of permits.  The respondent universe for permit modifications and renewals is discussed below.

	Transfer of Permits

	In addition to the permit modifications discussed below, EPA estimates that no facilities with permitted BIFs will submit the written agreement required to transfer ownership or operational control of a facility.

	Permit Modification at the Request of the Agency

	EPA estimates that during the 3-year period covered by this ICR, EPA estimates that 25 percent of facilities will seek Class 1 permit modifications; 62 percent will seek Class 2 permit modifications; and 32 percent will seek Class 3 modifications.  EPA expects that the majority of these permit modification requests will be initiated by the permittees under §270.42, but anticipates that 33 percent of the Class 2 and 3 permit modifications submitted will be modifications initiated by the Agency under §270.41.  [The BIF regulations, promulgated on February 21, 1991, required owners and operators of permitted facilities that had an existing BIFs burning hazardous waste to submit a Class 1 modification on or before the effective data of the rule.  In addition, these facilities had to submit a Class 2 or 3 modification within 180 days of the rule.  This ICR assumes that all facilities subject to this requirement have already submitted the required modifications.  Therefore, this ICR contains no burden for such modifications.]

	Permit Modification at the Request of the Permittee

	EPA estimates that 15 facilities will submit Class 1 permit modifications during the period covered by this ICR (approximately five each year).  In addition, based on the discussion above, EPA estimates that 25 Class 2 permit modifications and approximately 12 Class 3 permit modifications will be submitted at the request of the permittee, for a total of  37 Class 2 and 3 modifications.

	EPA also estimates that each year one facility with BIF unit(s) will request that EPA classify its permit modification as a Class 1 modification.  This facility will submit information in support of its request.

	Temporary Authorizations

	EPA estimates that 25 percent of the facilities seeking a Class 2 or Class 3 permit modification at their own request will submit a request for temporary authorization under §270.42(e).

	Expiration and Continuation of Permits

	EPA does not expect any facilities to submit applications for renewal of permits for BIF units during the period covered by this ICR.

  6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES

(i)	Respondent Tally

	The annualized burden to respondents under the RCRA requirements applicable to the 114 BIF facilities is estimated to be 291,757 hours, and 2,173 responses.  The average response burden works out to134 hours per response.  The total annualized capital/start-up cost is $9,839,942 and the O & M is $11,164,608.  (See exhibit 7)

      (ii)	Agency Tally

	The annual burden to the Agency under the BIF requirements is estimated to be 8984 hours, at a cost of $366,572.

	6(f)	REASONS FOR CHANGE IN BURDEN

	The previously approved BIF ICR, #1361.15, estimated an annual respondent burden of 238,785 hours.  This current ICR # 1361.16, estimates an annual respondent burden of 291,757 hours, which is an increase of 52,972 hours.  The change in burden is the result of an adjustment due to an increase in universe size.

	6(g)	BURDEN STATEMENT

	The average reporting and recordkeeping burden for the universe of 114 BIF facilities is 2,559 hours per facility.  These estimates include time for complying with requirements associated with general facility standards, recordkeeping, contingency plan and emergency procedures, closure, financial assurance, and conditions applicable to all permits; specific unit requirements for BIFs.

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

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2013-0405, which is available for public viewing at the Resource Conservation and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the RCRA Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Once in the system, select "search," then key in the docket ID number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID No. (EPA-HQ-RCRA-2013-0405) and OMB control number (2050-0073) in any correspondence.


[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Rules and Regulations]
[Page 41508]
[FR Doc No: 2023-13589]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0423]

Safety Zone; Annual Fireworks Displays and Other Events in the
Eighth Coast Guard District Requiring Safety Zones--Mandeville July 4th
Celebration

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Mandeville
July 4th Celebration fireworks display located on the navigable waters
of Lake Pontchartrain near Mandeville, LA. Our regulation for marine
events within the Eighth Coast Guard District Sector New Orleans Annual
and Recurring Safety Zones identifies the regulated area for this
event. This action is necessary to provide for the safety of life on
these navigable waterways during this event. During the enforcement
period, entry into this safety zone is prohibited unless authorized by
the Captain of the Port or a designated representative.

DATES: The regulations in 33 CFR 165.801 will be enforced for the
location identified in Item 16 of Table 5 to Sec.  165.801, from 7:30
through 9 p.m. on July 3, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.801, Table 5 to Sec.  165.801, item 16 for the Mandeville
July 4th Celebration fireworks display event. This safety zone will be
enforced from 7:30 through 9 p.m. on July 3, 2023. This action is being
taken to provide for the safety of life on navigable waterways during
this event. Our regulation for annual fireworks displays and other
events in the Sector New Orleans Annual and Recurring Safety Zones in
Sec.  165.801, Item 16, specifies the location of the regulated area on
Lake Pontchartrain near Mandeville, LA. During the enforcement period,
as reflected in Sec.  165.801 (a), entry into this safety zone is
prohibited unless authorized by the Captain of the Port or a designated
representative.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via a Marine Safety Information Bulletin and/or
Broadcast Notice to Mariners.

    Dated: June 14, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-13589 Filed 6-26-23; 8:45 am]
BILLING CODE 9110-04-P