SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUEST NUMBER 820.10 " GENERATOR STANDARDS APPLICABLE TO COLLEGE AND UNIVERSITY LABORATORIES"

December 19, 2005 Table of Contents 1. IDENTIFICATION OF THE INFORMATION COLLECTION . . . . . . . . . . . . . . . . . . 1 1( a) Title and Number of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. NEED FOR AND USE OF THE COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2( a) Need and Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2( b) Practical Utility and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( a) Nonduplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( b) Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( c) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3( d) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3( e) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3( f) Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3( g) Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4. THE RESPONDENTS AND THE INFORMATION REQUESTED . . . . . . . . . . . . . . 12 4( a) Respondents and SIC/ NAICS Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT . . . . . . . . . . . . . . . . . . 20 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION . . . 22 6( a) Estimating Respondent Burden Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6( b) Estimating Respondent Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6( c) Estimating Agency Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6( d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6( e) Bottom Line Hour and Cost Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6( f) Reasons for Change in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6( g) Public Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1 1 Refer to proposed 40 CFR 262.200 for the definitions of " college/ university" and " laboratory" under the rule. 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request ( ICR) is entitled " Generator Standards Applicable to College and University Laboratories," EPA ICR Number 820.10.

1( b) Short Characterization The U. S. Environmental Protection Agency ( EPA) is proposing to amend the regulations under the Resource Conservation and Recovery Act ( RCRA) applicable to the management of hazardous wastes generated in college and university ( C/ U) laboratories. 1 The intent of the proposed rule is to establish an alternative set of generator requirements for C/ U laboratories that is better suited to their unique circumstances, and promotes environmental protection and public health through safer management of laboratory chemical wastes. This set of requirements would be codified at 40 CFR Part 262, Subpart K. The requirements of Subpart K would only apply to hazardous wastes generated in C/ U laboratories. Hazardous wastes generated in other parts of the C/ U and laboratories located in non C/ Us would remain subject to the existing hazardous waste regulations.

Under the proposed rule, a C/ U with laboratories that generate hazardous waste would have the choice to manage its hazardous waste in accordance with the alternative set of regulations or remain subject to the existing generator regulations promulgated in 40 CFR Part 262, Subpart C. Unwanted materials that are generated in laboratories of participating C/ Us must be managed in the laboratory in accordance with the proposed Subpart K requirements ( e. g., container labeling).

In Sections 1 through 5 of this ICR, EPA presents a comprehensive description of the information collection requirements in the proposed rule. In Section 6, EPA estimates the total annual incremental hour and cost burden to respondents and the Agency under these requirements.

In the following paragraphs, EPA briefly describes the information collection requirements covered in this ICR.

( 1) Notification of Intent to Comply with the Subpart K Requirements Under proposed 40 CFR 262.203( a), a C/ U must notify the appropriate EPA Regional Administrator or State Director that it is electing to be subject to the requirements of Subpart K for all laboratories located at the C/ U under the same EPA identification ( ID) number. Under 2 2 OMB, The Paperwork Reduction Act of 1995: Implementing Guidance for OMB Review of Agency Information Collection, June 2, 1999. proposed section 262.203( b), a copy of the notification must be kept on file at the C/ U while the C/ U is subject to Subpart K.

( 2) Notification of Intent to No Longer Comply with the Subpart K Requirements Under proposed 40 CFR 262.204( a), a C/ U may elect to notify the appropriate EPA Regional Administrator or State Director in writing that the C/ U no longer will be subject to the requirements of Subpart K for the laboratories located at the C/ U under the same EPA ID number. Under proposed section 262.204( b), a copy of the withdrawal notice must be kept on file at the C/ U for three years from the date of the letter.

( 3) Labeling of Containers of Unwanted Materials in the Laboratory Under proposed 40 CFR 262.206( a), C/ Us must label containers of unwanted materials managed in a laboratory. In doing so, the words " unwanted material" and sufficient information to alert emergency responders to the hazards or the contents of the container must be affixed to or physically accompany the container. In addition, information sufficient to allow a RCRAtrained individual to properly identify whether an unwanted material is a solid and hazardous waste and to assign a proper hazardous waste code must be associated with the container ( e. g., the name and/ or description of the chemical contents or composition of the unwanted material). Finally, the date that unwanted material first began accumulating in the container must be associated with the container. [ Note: Office of Management and Budget ( OMB) guidance indicates that, if a person is requested or directed to post a label disclosing information completely defined by a Federal agency, the information collection is exempted from OMB review and approval. 2 For this reason, in this ICR, the addition of the words " unwanted material" to the container label is not considered an information collection and thus, is not examined in the remainder of this document.]

( 4) Training and Instruction Under proposed 40 CFR 262.207, C/ Us must train or instruct all individuals working in a laboratory ( e. g., train laboratory workers, instruct students). This training or instruction must be commensurate with their duties.

Under proposed section 262.207( a), C/ Us that are large quantity generators ( LQGs) must maintain training records for laboratory workers. These records must be sufficient to determine whether laboratory workers have been trained. Records must be maintained for the duration specified in section 265.16( e). 3 3 Ibid. ( 5) Removal of Containers of Unwanted Material from the Laboratory Under proposed 40 CFR 262.208( a), C/ Us must remove all containers of unwanted material and acutely reactive unwanted materials from each laboratory on a regular interval, not to exceed six months. Under proposed sections 262.208( b) and 262.208( c), if a laboratory accumulates more than 55 gallons of unwanted material or 1 quart of acutely reactive unwanted material before the regularly scheduled removal, then all containers of such material must be labeled with the date the 55 gallons or the 1 quart is exceeded. All containers must then be removed from the laboratory within 10 calendar days of the date the 55 gallons/ 1 quart was exceeded, or at the next regularly scheduled removal, whichever comes first.

( 6) Making the Hazardous Waste Determination in the Laboratory Proposed 40 CFR 262.210 establishes the requirements applicable to making the hazardous waste determination for unwanted materials in the laboratory by the time that the unwanted material is removed from the laboratory. Under proposed section 262.210( a), a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 by the time the unwanted material is removed from the laboratory. Under proposed section 262.210( b), if an unwanted material meets the definition of hazardous waste, the appropriate hazardous waste code( s) and the words " hazardous waste" must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to an on site central accumulation area, an on site interim status or permitted treatment, storage, or disposal facility ( TSDF), or transported off site to a designated facility. [ Note: OMB guidance indicates that, if a person is requested or directed to post a label disclosing information completely defined by a Federal agency, the information collection is exempted from OMB review and approval. 3 For this reason, in this ICR, the addition of the words " hazardous waste" to the container label is not considered an information collection and thus, is not examined in the remainder of this document.]

( 7) Making the Hazardous Waste Determination at an On Site Central Accumulation Area Proposed 40 CFR 262.211 establishes the requirements applicable to making hazardous waste determinations for unwanted materials at an on site central accumulation area. Under proposed section 262.211( c), a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 within four calendar days of arriving at the on site central accumulation area.

Under proposed section 262.211( d), the unwanted material becomes subject to the generator accumulation regulations of 40 CFR 262.34( a) for LQGs or 40 CFR 262.34( d) for 4 4 Ibid.

5 Ibid. small quantity generators ( SQGs) as soon as it arrives in the central accumulation area, except for the labeling requirements of section 262.34( a)( 3).

Under proposed section 262.211( e), if the unwanted material meets the definition of hazardous waste, the appropriate hazardous waste code( s) and the words " hazardous waste" must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to another on site central accumulation area or on site interim status or permitted TSDF, or transported off site to a designated facility. [ Note: OMB guidance indicates that, if a person is requested or directed to post a label disclosing information completely defined by a Federal agency, the information collection is exempted from OMB review and approval. 4 For this reason, in this ICR, the addition of the words " hazardous waste" to the container label is not considered an information collection and thus, is not examined in the remainder of this document.]

( 8) Making the Hazardous Waste Determination at an On Site Interim Status or Permitted TSDF Proposed 40 CFR 262.212 establishes the requirements applicable to making a hazardous waste determination for unwanted materials at an on site interim status or permitted TSDF. Under proposed section 262.212( c), a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 within four calendar days of arriving at an on site interim status/ permitted TSDF.

Under proposed section 262.212( d), the unwanted material becomes subject to the terms of the C/ U's hazardous waste permit or interim status as soon as it arrives in the on site TSDF.

Under proposed section 262.212( e), if the unwanted materials meet the definition of hazardous waste, the appropriate hazardous waste code( s) and the words " hazardous waste" must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to another interim status or permitted TSDF or transported off site to a designated facility. [ Note: OMB guidance indicates that, if a person is requested or directed to post a label disclosing information completely defined by a Federal agency, the information collection is exempted from OMB review and approval. 5 For this reason, in this ICR, the addition of the words " hazardous waste" to the container label is not considered an information collection and thus, is not examined in the remainder of this document.]

( 9) Laboratory Clean Outs Under proposed 40 CFR 262.213( c), a C/ U that conducts a laboratory clean out in accordance to proposed section 262.213( a) and ( b) must document the activities of the laboratory 5 clean out. In addition, the C/ U must maintain the laboratory clean out documentation for a period of three years from the date the clean out ended.

( 10) Laboratory Management Plan Under proposed 40 CFR 262.214( a), a C/ U that chooses to be subject to Subpart K in lieu of section 262.34( c) must develop, implement, and retain on site a Laboratory Management Plan, or revise an existing plan, that describes how the C/ U will comply with the specified Subpart K requirements. Under proposed section 262.214( b), the C/ U must make its Laboratory Management Plan available to laboratory workers, students, or others at the C/ U who request it. Under proposed section 262.214( c), the C/ U must review and revise its Laboratory Management Plan as needed.

[ Note: EPA is co proposing two options regarding the enforceability of the LMP. The first option requires that a LMP be developed and that specific elements of the proposal be contained in the LMP, but under this option the college or university would have some flexibility in how it implemented the specific provisions in its LMP. Provided the college or university meets the performance based standards set forth in the rule, it would be in compliance with the rule. The requirement to develop a LMP would, however, be enforceable and the failure to develop a plan would be a violation of this requirement.

Under the second proposed option, as in the previous option, colleges and universities would be required to develop a LMP, and address all the specific elements of the proposal. The LMP, however, would be enforceable. Therefore, a college or university would need to follow the specific provisions in its LMP, to be in compliance with this requirement. Only the parts of the LMP that are developed to satisfy the requirements of Subpart K would be enforceable.

EPA believes that the burden for respondents to prepare and retain the LMP would be the same under either option, because both options require the same information to be included in the LMP, as laid out at section 262.214( a)( 1)( 9). Therefore, EPA's respondent burden estimates for the LMP, as presented in Section 6 of this document, reflect either option.]

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection EPA is proposing an alternative set of generator requirements for C/ U laboratories under the authority of Sections 2002, 3001, 3002, and 3004 of RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 ( HSWA). Section 2002 authorizes EPA to prescribe regulations as are necessary to carry out the requirements under the RCRA statute. Section 3001 authorizes EPA to develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which would be subject to the hazardous waste program. Sections 3002( a) and 3004( a) direct EPA to establish requirements for hazardous waste 6 generators and TSDFs respecting, among other things, recordkeeping practices for hazardous waste.

The following subsections describe the need for each information collection covered in this ICR.

( 1) Notification of Intent to Comply with the Subpart K Requirements Because the proposed rule provides the option for C/ Us to choose to manage their unwanted materials or hazardous wastes under the existing regulations or alternatively under proposed Subpart K, it is important that EPA or the Authorized State know to which set of regulations a C/ U is subject to. Therefore, EPA is requiring C/ Us to submit a one time notification if they choose to manage their hazardous waste in accordance with proposed Subpart K. If a C/ U decides that its laboratories will remain subject to the existing generator regulations, no notification is necessary.

( 2) Notification of Intent to No Longer Comply with the Subpart K Requirements As mentioned earlier, it is important that EPA or the Authorized State know to which set of regulations a C/ U is subject to. Therefore, under the proposed rule, EPA is requiring C/ Us that no longer choose to manage their hazardous wastes under proposed Subpart K to submit a withdrawal notification.

( 3) Labeling of Containers of Unwanted Materials in the Laboratory Under proposed 40 CFR 262.206, C/ Us must label containers of unwanted materials managed in a laboratory, as specified. These labeling requirements are necessary to demonstrate compliance with the proposed rule and alert anyone handling the containers of unwanted materials of what is enclosed in the container so that proper handling may occur. The labeling requirements also would assist RCRA trained individuals in properly identifying whether an unwanted material is a hazardous waste and to assign the appropriate hazardous waste code( s).

( 4) Training and Instruction Under proposed 40 CFR 262.207, C/ Us must train or instruct all individuals working in a laboratory commensurate with their duties. This training/ instruction is necessary to ensure that individuals perform their duties in a way that ensures compliance with the proposed requirements. It also would enable individuals to manage unwanted materials safely and in an environmentally sound manner, while in the laboratory.

In addition, C/ Us that are LQGs must maintain training records for laboratory workers. These records are necessary to ensure compliance with the proposed requirements. 7 ( 5) Removal of Containers of Unwanted Material from the Laboratory Under proposed 40 CFR 262.208, C/ Us must label containers with the date the 55 gallons of unwanted materials or the 1 quart of acutely reactive unwanted material is exceeded. This information is needed for enforcement and monitoring purposes.

( 6) Making the Hazardous Waste Determination in the Laboratory Under proposed 40 CFR 262.210, if an unwanted material meets the definition of hazardous waste per 40 CFR 261.3, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container. This information is needed to alert anyone handling the container that hazardous waste is enclosed in the container so that proper handling may occur.

( 7) Making the Hazardous Waste Determination at an On Site Central Accumulation Area Under proposed 40 CFR 262.211, if an unwanted material meets the definition of hazardous waste per 40 CFR 261.3, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container. This information is needed to alert anyone handling the container that hazardous waste is enclosed in the container so that proper handling may occur.

( 8) Making the Hazardous Waste Determination at an On Site Interim Status or Permitted TSDF Under proposed 40 CFR 262.212, if an unwanted material meets the definition of hazardous waste per 40 CFR 261.3, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container. This information is needed to alert anyone handling the container that hazardous waste is enclosed in the container so that proper handling may occur.

( 9) Laboratory Clean Outs Under proposed 40 CFR 262.213, C/ Us must develop and maintain documentation on laboratory clean outs. This information is needed to ensure compliance with the proposed requirements.

( 10) Laboratory Management Plan Under the proposed rule, performance based standards set the framework for managing unwanted materials generated in C/ U laboratories. The Laboratory Management Plan required under proposed 40 CFR 262.214 is the mechanism for implementing the alternative program. 8 This plan is needed to ensure that C/ Us seeking flexibility in managing the unwanted materials from their laboratories will do so in a thoughtful manner by documenting their practices.

2( b) Practical Utility and Users of the Data This section describes the practical utility and users of the data in each information collection covered in this ICR.

( 1) Notification of Intent to Comply with the Subpart K Requirements Because the proposed rule would establish an alternative set of generator requirements for C/ U laboratories that is self implementing, EPA has determined that it is necessary to require C/ Us to submit a one time notification to the appropriate EPA Regional Administrator or State Director indicating that they are electing to be subject to the Subpart K requirements for all laboratories located at their C/ U under the same EPA ID number. EPA would use this information to identify the C/ Us subject to the proposed Subpart K requirements and the existing generator regulations, and ensure that all C/ Us are managing their unwanted materials or hazardous wastes in a manner that is protective of human health and the environment.

( 2) Notification of Intent to No Longer Comply with the Subpart K Requirements Under the proposed rule, C/ Us that elected to comply to the Subpart K requirements may elect, at any time, to comply once again with the requirements at 40 CFR 262.34. Because this provision of the proposed rule would be self implementing, EPA has determined that it is necessary to require C/ Us to submit a one time withdrawal notification to the appropriate EPA Regional Administrator or State Director indicating the date upon which they will again begin to manage their hazardous waste pursuant to section 262.34. EPA would use this information to identify the C/ Us subject to the proposed Subpart K requirements and the existing generator regulations, and ensure that all C/ Us are managing their unwanted materials or hazardous wastes in a manner that is protective of human health and the environment.

( 3) Labeling of Containers of Unwanted Materials in the Laboratory The proposed labeling requirements are necessary to alert anyone handling the containers of unwanted materials of what is enclosed in the containers so that proper handling or inspection may occur. The labeling requirements also would assist RCRA trained individuals in properly identifying whether an unwanted material is a hazardous waste and to assign the appropriate hazardous waste code( s). 9 ( 4) Training and Instruction Under proposed 40 CFR 262.207, C/ Us must train or instruct all individuals working in a laboratory commensurate with their duties. This training/ instruction would enable individuals to manage unwanted materials safely and in an environmentally sound manner, while in the laboratory.

In addition, C/ Us that are LQGs must maintain training records for laboratory workers. C/ Us would use this information to demonstrate compliance with the proposed requirements. EPA would use the information during inspections and for enforcement purposes.

( 5) Removal of Containers of Unwanted Material from the Laboratory Under proposed 40 CFR 262.208, C/ Us would use the information on the date the 55 gallons of unwanted material or the 1 quart of acutely reactive unwanted material was exceeded to maintain compliance with RCRA requirements. EPA would use the information during inspections and for enforcement purposes.

( 6) Making the Hazardous Waste Determination in the Laboratory Under proposed 40 CFR 262.210, C/ Us would use the hazardous waste code information to ensure that the hazardous waste is managed in a manner that is protective of human health and the environment.

( 7) Making the Hazardous Waste Determination at an On Site Central Accumulation Area Under proposed 40 CFR 262.211, C/ Us would use the hazardous waste code information to ensure that the hazardous waste is managed in a manner that is protective of human health and the environment.

( 8) Making the Hazardous Waste Determination at an On Site Interim Status or Permitted TSDF Under proposed 40 CFR 262.212, C/ Us would use the hazardous waste code information to ensure that the hazardous waste is managed in a manner that is protective of human health and the environment. 10 ( 9) Laboratory Clean Outs Under proposed 40 CFR 262.213, C/ Us must develop and maintain documentation on laboratory clean outs. C/ Us would use this information to demonstrate compliance with the proposed requirements. EPA would use the information during inspections and for enforcement purposes.

( 10) Laboratory Management Plan Under proposed 40 CFR 262.214, C/ Us must develop, implement, and retain on site a Laboratory Management Plan. C/ Us would use the Laboratory Management Plan to document their practices for complying with the performance based requirements of Subpart K.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication Under the proposed rule, a C/ U with laboratories that generate hazardous waste would have the choice to manage its hazardous waste in accordance with the alternative set of regulations in proposed Subpart K or remain subject to the existing generator regulations in section 262.34. As a result, none of the information required by the proposed rule would duplicate information required by existing RCRA regulations.

3( b) Public Notice In compliance with the Paperwork Reduction Act of 1995, EPA has issued a public notice in the Federal Register ([ Insert Notice Date and Citation]). The public comment period extends through [ Insert Date]. To assist the public in commenting on the proposal, EPA raised a number of issues in the preamble to the proposed rule and asked for the public to comment on them. At the end of the comment period, EPA will review public comments received in response to the notice and will address comments received, as appropriate.

3( c) Consultations EPA has worked with C/ Us since the early 1980s to more fully understand the difficulties they face in complying with the existing RCRA hazardous waste regulations. Projects such as the Howard Hughes Medical Institute pilot program and the 1999 XL pilot project, which provide flexibility to C/ Us, have focused on how hazardous wastes are generated and accumulated in laboratories. EPA has met with stakeholders, held public meetings, and attended meetings and conferences with associations representing various C/ Us and laboratories. Through these various activities EPA has developed a good understanding of the operational practices in laboratories at C/ Us and the challenges they face in complying with the RCRA hazardous waste requirements. In 11 the following paragraphs, EPA discusses some of its most recent outreach/ consultation efforts.

In 2002, EPA conducted a series of outreach activities to generators of hazardous waste with laboratories to obtain information regarding the differences between how hazardous waste is generated and managed at C/ U laboratory operations as compared with production operations of industrial generators and other non C/ U laboratory generators. The information collected by the Agency indicates that differences exist between C/ U laboratory operations and those of both industrial laboratories and industrial production facilities that generate hazardous waste, warranting development of an alternative set of regulations for C/ Us. These differences include the number of points of generation, the relative small volume of hazardous waste generated at each point of generation, and the fact that many of the persons involved in hazardous waste generation activities are students, rather than paid employees.

In June 2003, EPA held a public meeting in order to solicit input from stakeholders on approaches to addressing issues concerning hazardous waste management in C/ U laboratories. Topics discussed at the meetings included: where and when to make the hazardous waste determination; waste labeling requirements; personnel training requirements; satellite area accumulation; and types of treatment performed in laboratories.

As a parallel effort, in 2003, C/ Us were selected to become a new partner in EPA's Sector Strategies Program. The Sector Strategies Program seeks industry wide environmental gains through innovative actions taken with a number of manufacturing and service sectors. EPA is working with six College and University Sector Program Partners to develop sector specific approaches to assist C/ Us advance the use of environmental management systems, reduce regulatory performance barriers, and measure environmental progress.

In May, June, and August 2004, the Colleges and Universities Sector Program Partners shared their thoughts in a series of proposals suggesting alternative approaches for developing a RCRA program that addresses the unique problems faced by C/ U laboratories. Their suggested changes to existing requirements focused on tailoring new regulations for C/ U laboratories that are different from the standards required of other generators and operators of TSDFs, similar to the current " satellite accumulation area" regulations, and included provisions for providing flexibility for the point at which the hazardous waste identification is made, training of laboratory workers, labeling, container management standards, and provisions for bench scale treatment of waste in the laboratory.

Through the above efforts, EPA has gained a good understanding of the processes used by C/ Us in generating and managing their laboratory wastes, including existing information collection activities. EPA used this knowledge in developing this ICR. 12 3( d) Effects of Less Frequent Collection EPA has carefully considered the burden imposed upon the regulated community by the proposed rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes strongly that, if the minimum information collection requirements of the proposed rule are not met, neither the C/ Us nor EPA can ensure that hazardous wastes generated in C/ U laboratories are being properly managed and do not pose a serious threat to human health and the environment.

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

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

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC/ NAICS Codes The following is a list of Standard Industrial Classification ( SIC) and corresponding North American Industrial Classification System ( NAICS) codes associated with industries most likely affected by the information collection requirements covered in this ICR.

Industry Sector SIC Code( s) NAICS Code Colleges, universities, and professional schools 8221 6113 Junior colleges and technical institutes 8222 6112 Business, secretarial, and computer schools 8243, 8244, 8299 6114 13 Industry Sector SIC Code( s) NAICS Code Technical and trade schools 7231, 7241, 8243, 8249, 8299 6115 Other schools and instruction 7911, 7999, 8299 6116 4( b) Information Requested ( 1) Notification of Intent to Comply with the Subpart K Requirements Under proposed 40 CFR 262.203( a), a C/ U must notify the appropriate EPA Regional Administrator or State Director that it is electing to be subject to the requirements of Subpart K for all laboratories located at the C/ U under the same EPA ID number. Under proposed section 262.203( b), a copy of the notification must be kept on file at the C/ U while the C/ U is subject to Subpart K.

( i) Data Item:

° Notification of intent to comply with Subpart K requirements that includes:

 The name, address, and EPA ID number of the C/ U;

 Contact information for an appropriate representative of the C/ U; and  The date on which the laboratories at the C/ U will become subject to Subpart K in lieu of section 262.34( c).

( ii) Respondent Activities:

° Prepare and submit notification of intent to comply with Subpart K requirements to the EPA Regional Administrator or State Director.

° Keep a copy of the notification on file at the C/ U.

( 2) Notification of Intent to No Longer Comply with the Subpart K Requirements Under proposed 40 CFR 262.204( a), a C/ U may elect to notify the appropriate EPA Regional Administrator or State Director in writing that the C/ U no longer will be subject to the requirements of Subpart K for the laboratories located at the C/ U under the same EPA ID number. Under proposed section 262.204( b), a copy of the withdrawal notice must be kept on file at the C/ U for three years from the date of the letter. 14 ( i) Data Item:

° Withdrawal notification that includes:

 The name, address, and EPA ID number of the C/ U;

 Contact information for an appropriate representative of the C/ U; and  The date on which the laboratories at the C/ U will be subject to section 262.34( c).

( ii) Respondent Activities:

° Prepare and submit withdrawal notification to the EPA Regional Administrator or State Director.

° Keep a copy of the withdrawal notification on file at the C/ U.

( 3) Labeling of Containers of Unwanted Materials in the Laboratory Under proposed 40 CFR 262.206( a), C/ Us must label containers of unwanted materials managed in a laboratory. In doing so, sufficient information to alert emergency responders to the hazards or the contents of the container must be affixed to or physically accompany the container. In addition, information sufficient to allow a RCRA trained individual to properly identify whether an unwanted material is a solid hazardous waste and to assign a proper hazardous waste code must be associated with the container ( e. g., the name and/ or description of the chemical contents or composition of the unwanted material). Finally, the date that unwanted material first began accumulating in the container must be associated with the container.

( i) Data Items:

° Sufficient information to alert emergency responders to the hazards or contents of the container.

° Sufficient information to allow a RCRA trained individual to properly identify whether an unwanted material is a solid and hazardous waste and to assign a proper hazardous waste code ( i. e., make a hazardous waste determination).

° The date that unwanted material first began accumulating in the container. 15 ( ii) Respondent Activity:

° Label container.

( 4) Training and Instruction Under proposed 40 CFR 262.207, C/ Us must train or instruct all individuals working in a laboratory ( e. g., train laboratory workers, instruct students). This training or instruction must be commensurate with their duties.

Under proposed section 262.207( a), C/ Us that are LQGs must maintain training records for laboratory workers. These records must be sufficient to determine whether laboratory workers have been trained. Records must be maintained for the duration specified in section 265.16( e).

( i) Data Item:

° Training records for laboratory workers.

( ii) Respondent Activities:

° Train/ instruct individuals working in a laboratory.

° Maintain training records for laboratory workers ( LQGs only).

( 5) Removal of Containers of Unwanted Material from the Laboratory Under proposed 40 CFR 262.208( a), C/ Us must remove all containers of unwanted material and acutely reactive unwanted materials from each laboratory on a regular interval, not to exceed six months. Under proposed sections 262.208( b) and 262.208( c), if a laboratory accumulates more than 55 gallons of unwanted material or 1 quart of acutely reactive unwanted material before the regularly scheduled removal, then all containers of such material must be labeled with the date the 55 gallons or the 1 quart is exceeded. All containers must then be removed from the laboratory within 10 calendar days of the date the 55 gallons/ 1 quart was exceeded, or at the next regularly scheduled removal, whichever comes first.

( i) Data Items:

° Date the 55 gallons of unwanted material were exceeded, if applicable.

° Date the 1 quart of acutely reactive unwanted material was exceeded, if applicable. 16 ( ii) Respondent Activity:

° Label container with the date the 55 gallons or the 1 quart of unwanted material is exceeded.

( 6) Making the Hazardous Waste Determination in the Laboratory Proposed 40 CFR 262.210 establishes the requirements applicable to making the hazardous waste determination for unwanted materials in the laboratory by the time that the unwanted material is removed from the laboratory. Under proposed section 262.210( a), a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 by the time the unwanted material is removed from the laboratory. Under proposed section 262.210( b), if an unwanted material meets the definition of hazardous waste, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to an on site central accumulation area, an on site interim status or permitted TSDF, or transported off site to a designated facility.

( i) Data Items:

° Hazardous waste determination.

° EPA hazardous waste code( s) on the container label.

( ii) Respondent Activities:

° Make hazardous waste determination.

° Add appropriate EPA hazardous waste code( s) to the container label.

( 7) Making the Hazardous Waste Determination at an On Site Central Accumulation Area Proposed 40 CFR 262.211 establishes the requirements applicable to making hazardous waste determinations for unwanted materials at an on site central accumulation area. Under proposed section 262.211( c), a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 within four calendar days of arriving at the on site central accumulation area.

Under proposed section 262.211( d), the unwanted material becomes subject to the generator accumulation regulations of 40 CFR 262.34( a) for LQGs or 40 CFR 262.34( d) for SQGs as soon as it arrives in the central accumulation area, except for the labeling requirements of section 262.34( a)( 3). 17 Under proposed section 262.211( e), if the unwanted material meets the definition of hazardous waste, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to another on site central accumulation area or on site interim status or permitted TSDF, or transported off site to a designated facility.

( i) Data Items:

° Hazardous waste determination.

° EPA hazardous waste code( s) on the container label.

( ii) Respondent Activities:

° Make hazardous waste determination.

° Add appropriate EPA hazardous waste code( s) to the container label.

( 8) Making the Hazardous Waste Determination at an On Site Interim Status or Permitted TSDF Proposed 40 CFR 262.212 establishes the requirements applicable to making a hazardous waste determination for unwanted materials at an on site interim status or permitted TSDF. Under proposed section 262.212( c), a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 within four calendar days of arriving at an on site interim status/ permitted TSDF.

Under proposed section 262.212( d), the unwanted material becomes subject to the terms of the C/ U's hazardous waste permit or interim status as soon as it arrives in the on site TSDF.

Under proposed section 262.212( e), if the unwanted materials meet the definition of hazardous waste, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to another interim status or permitted TSDF or transported off site to a designated facility.

( i) Data Items:

° Hazardous waste determination.

° EPA hazardous waste code( s) on the container label. 18 ( ii) Respondent Activities:

° Make hazardous waste determination.

° Add appropriate EPA hazardous waste code( s) to the container label.

( 9) Laboratory Clean Outs Under proposed 40 CFR 262.213( c), a C/ U that conducts a laboratory clean out in accordance to proposed section 262.213( a) and ( b) must document the activities of the laboratory clean out. In addition, the C/ U must maintain the laboratory clean out documentation for a period of three years from the date the clean out ended.

( i) Data Item:

° Documentation on the activities of the laboratory clean out that, at a minimum, specify:

 The laboratory being clean out;

 The date the clean out begins and ends; and  The volume of hazardous waste generated during the laboratory clean out.

( ii) Respondent Activities:

° Document activities of the laboratory clean out.

° Maintain documentation on laboratory clean out.

( 10) Laboratory Management Plan Under proposed 40 CFR 262.214( a), a C/ U that chooses to be subject to Subpart K in lieu of section 262.34( c) must develop, implement, and retain on site a Laboratory Management Plan, or revise an existing plan, that describes how the C/ U will comply with the specified Subpart K requirements. Under proposed section 262.214( b), the C/ U must make its Laboratory Management Plan available to laboratory workers, students, or others at the C/ U who request it. Under proposed section 262.214( c), the C/ U must review and revise its Laboratory Management Plan as needed. 19 ( i) Data Item:

° A Laboratory Management Plan that describes how the C/ U will comply with the following:

 Container management and labeling in accordance with proposed section 262.206;

 Training of laboratory workers commensurate with their duties in accordance with proposed section 262.207( a);

 Instructing students in accordance with proposed section 262.207( b);

 Training to ensure safe on site movement of unwanted materials in accordance with proposed section 262.207( c);

 Regularly remove unwanted materials from laboratories in accordance with proposed section 262.208;

 Make hazardous waste determinations for unwanted materials, including where the C/ U will make hazardous waste determinations, in accordance with proposed section 262.209;

 Conducting laboratory clean outs in accordance with proposed section 262.213, if the C/ U elects to conduct laboratory clean outs; and  Emergency prevention, notification, and response procedures appropriate to the hazards in the laboratory.

( ii) Respondent Activities:

° Develop Laboratory Management Plan, or revise an existing plan.

° Review and revise the Laboratory Management Plan.

° Retain Laboratory Management Plan on site. 20 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities ( 1) Notification of Intent to Comply with the Subpart K Requirements Under proposed 40 CFR 262.203, the Agency would conduct the following activities:

° Review and process one time notifications of intent to comply with Subpart K requirements.

( 2) Notification of Intent to No Longer Comply with the Subpart K Requirements Under proposed 40 CFR 262.204, the Agency would conduct the following activities:

° Review and process one time notifications of intent to no longer comply with Subpart K requirements ( i. e., withdrawal notifications).

5( b) Collection Methodology and Management In collecting and analyzing the information obtained from C/ Us, EPA would use electronic equipment such as personal computers and applicable database software, where appropriate. EPA would ensure the accuracy and completeness of collected information by reviewing each submittal.

5( c) Small Entity Flexibility The proposed alternative regulations allow C/ Us flexibility to tailor their laboratory operations to meet their individual circumstances, and remain protective of human health and the environment. Performance based standards for management of hazardous wastes generated in laboratories provide a better opportunity for C/ Us to evaluate their overall hazardous waste management program, and tailor it in such a way that facilitates efficient and safe management of its hazardous waste, minimizes burden, while at the same time maintaining a high standard of protection of human health and the environment. The alternative approach would help each C/ U centralize and coordinate its chemical management practices and demonstrate environmental performance beyond what would likely be achieved under the existing regulations.

In addition, under the proposed rule, C/ Us would have the choice to manage their hazardous waste in accordance with the alternative set of regulations or remain subject to the existing generator regulations in 40 CFR 262.34. Thus, C/ Us would have the option to comply with the set of regulations that best suits their circumstances. 21 5( d) Collection Schedule ( 1) Notification of Intent to Comply with the Subpart K Requirements Under proposed 40 CFR 262.204, C/ Us must submit a notification of intent to comply with the Subpart K requirements prior to complying with these regulations.

( 2) Notification of Intent to No Longer Comply with the Subpart K Requirements Under proposed 40 CFR 262.204, C/ Us must submit a withdrawal notification prior to complying once again with the requirements at 40 CFR 262.34.

( 3) Labeling of Containers of Unwanted Materials in the Laboratory Under proposed 40 CFR 262.206, containers of unwanted materials must be labeled, as specified, while in the laboratory.

( 4) Training and Instruction Under proposed 40 CFR 262.207, individuals working in a laboratory must receive training or instruction prior to performing their duties/ activities in the laboratory.

( 5) Removal of Containers of Unwanted Material from the Laboratory Under proposed 40 CFR 262.208, containers in the laboratory must be labeled when 55 gallons of unwanted material or 1 quart of acutely reactive unwanted material is exceeded.

( 6) Making the Hazardous Waste Determination in the Laboratory Under proposed 40 CFR 262.210, a RCRA trained individual must make the hazardous waste determination for unwanted materials in the laboratory by the time that the unwanted material is removed from the laboratory. If the unwanted material meets the definition of hazardous waste per 40 CFR 261.3, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to an on site central accumulation area, an on site interim status or permitted TSDF, or transported off site to a designated facility.

( 7) Making the Hazardous Waste Determination at an On Site Central Accumulation Area Under proposed 40 CFR 262.211, a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 within four calendar days of arriving at the on site central accumulation area. If the unwanted material meets the definition of hazardous 22 waste, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to another on site central accumulation area, an on site interim status or permitted TSDF, or transported off site to a designated facility.

( 8) Making the Hazardous Waste Determination at an On Site Interim Status or Permitted TSDF Under proposed 40 CFR 262.212, a RCRA trained individual must determine if the unwanted material is a hazardous waste per 40 CFR 261.3 within four calendar days of arriving at the on site interim status or permitted TSDF. If the unwanted material meets the definition of hazardous waste, the appropriate hazardous waste code( s) must be placed on the container label that is affixed to the container, before the hazardous waste may be transferred to another on site interim status or permitted TSDF or transported off site to a designated facility.

( 9) Laboratory Clean Outs Under proposed 40 CFR 262.213( c), C/ Us that conduct a laboratory clean out in accordance to proposed section 262.213( a) and ( b) must document the activities of the laboratory clean out. In addition, C/ Us must maintain the laboratory clean out documentation for a period of three years from the date the clean out ended. C/ Us may conduct laboratory clean outs with any frequency. One time per 12 month period per laboratory, a college or university may opt to conduct a laboratory clean out that is subject to all the applicable requirements of the subpart.

( 10) Laboratory Management Plan Under proposed 40 CFR 262.214, C/ Us must develop a Laboratory Management Plan that describes how the C/ U will comply with the Subpart K requirements prior to complying with these regulations. C/ Us must revise the Laboratory Management Plan as needed.

6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 6( a) Estimating Respondent Burden Hours In Exhibit 1, EPA estimates the respondent hourly burden associated with the information collection requirements covered in this ICR. Exhibit 1 includes burden hours ( total and by labor type) per respondent, as well as the overall burden hours for all respondents.

6( b) Estimating Respondent Costs EPA estimates the annual respondent costs associated with the proposed information collection requirements in Exhibit 1. These costs are based on the cost of labor, capital, and operation and maintenance ( O& M). 23 6 Hazardous Waste Generator Standards ICR, EPA ICR Number 820.09, October 2004.

7 EPA, Assessment of Potential Costs, Benefits and Other Impacts for the Proposed Revised Standards Applicable to Generators of Hazardous Waste; Subpart K  Academic Laboratories, Final Report.

8 For purposes of this analysis, the hourly respondent labor rate for managerial staff was derived by averaging the hourly labor rates for professors and management. The hourly respondent labor rate for technical staff was derived by averaging the hourly labor rates for laboratory managers, laboratory workers, environmental health and safety staff, drafter, and process technician.

9 To update the hourly rates to 2005 levels, EPA referred to " Table 6. Employment Cost Index ( Wages and Salaries Only), Private Industry Workers by Occupation and Industry Group ( Not seasonally adjusted)" of Employment Cost Index: Historical Listing ( June 1989 = 100) ( July 29, 2005) developed by the Bureau of Labor Statistics. ( Available at: http:// www. bls. gov/ ncs/ ect/ home. htm.) This table presents employment cost indices for private industry workers, by annual quarter ( i. e., for March, June, September, and December). EPA used the September 2004 Index ( 165.9) and the June 2005 Index ( 168.4) to develop an adjustment factor of 1.015 ( i. e., 168.4 / 165.9 = 1.015). ( 1) Labor Costs For purposes of this analysis, EPA estimates an average hourly respondent labor rate ( including fringe and overhead) of $ 121.71 for legal staff, $ 60.94 for managerial staff, $ 33.74 for technical staff, and $ 25.23 for clerical staff. The respondent labor rate for legal staff was obtained from a currently approved ICR. 6 The respondent labor rates for managerial, technical, and clerical staff were obtained from the economic background document developed for this rulemaking. 7, 8 All respondent labor rates were updated to 2005 levels using Employment Cost Indices developed by the Bureau of Labor Statistics. 9 Using the total burden hours discussed in Section 6( a) and the hourly labor rates outlined in this section, Exhibit 1 illustrates the labor costs associated with the information collection requirements covered in this ICR.

( 2) Capital Costs Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur incremental capital costs in carrying out the information collection requirements covered in this ICR. 24 10 Available at: http:// www. opm. gov/ oca/ 05tables/ indexGS. asp. ( 3) Operation & Maintenance Costs O& M costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as " the recurring dollar amount of costs associated with O& M or purchasing services." For this ICR, incremental O& M costs include:

° Mailing costs: EPA estimates that respondents will incur an incremental cost of $ 2.68 to mail a one ounce package by certified mail ($ 0.01 for standard size envelope, $ 0.37 for postage, and $ 2.30 for the certified mail fee).

° Label costs: EPA estimates that respondents will incur an incremental cost of $ 0.066 per label. This O& M cost is based on label costs presented in the economic background document developed for this rulemaking.

These O& M costs are shown in Exhibit 1 for all applicable respondent activities.

6( c) Estimating Agency Hour and Cost Burden EPA estimates the Agency hour and cost burden associated with all information collection requirements covered in this ICR in Exhibit 2. As shown in the exhibit, EPA estimates an average hourly labor rate of $ 68.70 for legal staff ( GS 15, Step 1), $ 58.42 for managerial staff ( GS 14, Step 1), $ 49.44 for technical staff ( GS 13, Step 1), and $ 25.95 for clerical staff ( GS 08, Step 1). To derive these hourly estimates, EPA referred to the Salary Table 2005  General Schedule ( Base). 10 This publication summarizes the unloaded ( base) hourly rate for various labor categories in the Federal Government. EPA then applied the standard government fringe benefits factor of 1.6 to the unloaded rate to derive loaded hourly rates.

6( d) Estimating the Annual Respondent Universe and Total Hour and Cost Burden ( 1) Respondent Universe Table 1 presents the number of four year schools, two year schools, and vocational schools expected to comply with the proposed Subpart K requirements during the three year period covered by this ICR. It shows that EPA expects a total of 296 C/ Us to comply with the proposed Subpart K requirements. Of these C/ Us, EPA estimates that 146 will be LQGs and 150 will be SQGs. 25 Table 1 Number of C/ Us Expected to Comply with the Proposed Subpart K Requirements During the Three Year Period Covered by this ICR Type of Institution LQGs SQGs Total 4 Year School 136 86 222 2 Year School 7 34 41 Vocational School 3 30 33 Total 146 150 296 Table 2 presents the annual number of containers of unwanted material generated at fouryear schools, two year schools, and vocational schools expected to be subject to the proposed Subpart K requirements during the three year period covered by this ICR. It shows that EPA expects that, each year, a total of 1,282,594 containers of unwanted material will be generated at C/ Us subject to the proposed Subpart K requirements. This estimate is based on the following assumptions:

° Each C/ U LQG has 527 laboratories and will generate 1.33 containers of unwanted material per month. Thus, C/ U LQGs will generate a total of 1,227,994 containers of unwanted material each year ( i. e., 146 LQGs x 527 laboratories/ LQG x 1.33 containers/ laboratory/ month x 12 months).

° Each C/ U SQG has 182 laboratories and will generate 2 containers of unwanted material each year. Thus, C/ U SQGs will generate a total of 54,600 containers of unwanted material each year ( i. e., 150 SQGs x 182 laboratories/ SQG x 2 containers/ laboratory/ year).

Table 2 Annual Number of Containers of Unwanted Material Generated at C/ Us Expected to be Subject to the Proposed Subpart K Requirements During the Three Year Period Covered by this ICR Type of Institution LQGs SQGs Total 4 Year School 1,143,885 31,304 1,175,189 2 Year School 58,876 12,376 71,252 Vocational School 25,233 10,920 36,153 Total 1,227,994 54,600 1,282,594 26 The universe estimates in Tables 1 and 2 were obtained from the economic background document developed for this rulemaking regarding the low hazardous waste generation assumptions.

( 2) Annual Respondent Hour and Cost Burden Based on the universe data presented in Tables 1 and 2, EPA estimates the annual incremental hour and cost burden to respondents under the proposed rule in Exhibit 1. A discussion of the assumptions used in the development of these burden estimates is presented in the following subsections. These assumptions were obtained from the economic background document developed for this rulemaking.

( a) Reading the Regulations EPA estimates that 296 C/ Us ( i. e., 146 LQGs + 150 SQGs) will elect to be subject to the requirements of proposed Subpart K. EPA expects that all these C/ Us will read the regulations once during the three year life of this ICR. In estimating the annual incremental burden to respondents over the three year period covered by this ICR, EPA annualized the burden of this one time activity by dividing the number of respondents by three. Thus, EPA estimates that, on average, 99 C/ Us ( i. e., 296 C/ Us / 3 years) will read the regulations each year.

( b) Notification of Intent to Comply with the Subpart K Requirements All 296 C/ Us electing to be subject to the proposed Subpart K requirements are expected to submit a one time notification. In estimating the annual incremental burden to respondents over the three year period covered by this ICR, EPA annualized the burden of this one time activity by dividing the number of respondents by three. Thus, EPA estimates that, each year, 99 C/ Us ( i. e., 296 C/ Us / 3 years) will prepare, submit, and keep a copy of the notification of intent to comply with the Subpart K requirements.

( c) Notification of Intent to No Longer Comply with the Subpart K Requirements EPA does not expect any C/ U to submit a withdrawal notification during the three year period covered by this ICR.

( d) Labeling of Containers of Unwanted Materials in the Laboratory EPA estimates that C/ Us electing to be subject to the proposed Subpart K requirements will generate a total of 1,282,594 containers of unwanted materials each year ( i. e., 1,227,994 LQG containers + 54,600 SQG containers). Under the proposed rule, C/ Us will be required to label each of these containers with: ( 1) information on the hazards or contents of the container, ( 2) sufficient information for hazardous waste determination, and ( 3) the date that unwanted 27 material first began accumulating in the container.

( e) Training and Instruction Under the proposed rule, C/ Us must train or instruct all individuals working in a laboratory ( e. g., train laboratory workers, instruct students) commensurate with their duties. In addition, C/ Us that are LQGs must maintain training records for laboratory workers.

EPA believes that, under existing regulations ( e. g., OSHA and EPA regulations) and C/ Us' standard operating practices, C/ Us provide a variety of training to individuals that use and/ or manage chemicals, hazardous materials, and hazardous wastes as part of their job responsibilities. Thus, EPA believes that the training and instruction requirements under the proposed rule will not impose incremental burden on respondents.

( f) Removal of Containers of Unwanted Material from the Laboratory EPA assumes that all C/ Us electing to be subject to the proposed Subpart K requirements will remove their containers of unwanted material and acutely reactive unwanted materials from each laboratory on a monthly basis. Because of this frequency in the removal of containers, EPA anticipates that none of the C/ U laboratories will accumulate more than 55 gallons of unwanted material or 1 quart of acutely reactive unwanted material before the regularly scheduled removal. As a result, EPA estimates that none of the C/ Us will need to label any of its containers with the date the 55 gallons or the 1 quart of unwanted material is exceeded.

( g) Making the Hazardous Waste Determination in the Laboratory EPA estimates that, each year, hazardous waste determinations will be made in the laboratory for 48,607 containers of unwanted materials ( i. e., 42,055 LQG containers + 6,552 SQG containers). EPA assumes that unwanted materials in all of these containers will be determined to be hazardous waste per 40 CFR 261.3 and thus, the appropriate hazardous waste code( s) will be added to the label that is affixed to the containers.

EPA notes that, for purposes of this analysis, only the addition of the appropriate hazardous waste code( s) to the container labels is considered incremental burden. Under existing regulations ( 40 CFR 262.11), generators must determine if their waste is hazardous per 40 CFR 261.3. Thus, the hazardous waste determination does not impose incremental burden on respondents.

( h) Making the Hazardous Waste Determination at an On Site Central Accumulation Area EPA estimates that, each year, hazardous waste determinations will be made in the on site central accumulation area for 1,233,988 containers of unwanted materials ( i. e., 1,185,940 LQG 28 containers + 48,048 SQG containers). EPA assumes that unwanted materials in all of these containers will be determined to be hazardous waste per 40 CFR 261.3 and thus, the appropriate hazardous waste code( s) will be added to the label that is affixed to the containers.

EPA notes that, for purposes of this analysis, only the addition of the appropriate hazardous waste code( s) to the container labels is considered incremental burden. Under existing regulations ( 40 CFR 262.11), generators must determine if their waste is hazardous per 40 CFR 261.3. Thus, the hazardous waste determination does not impose incremental burden on respondents.

( i) Making the Hazardous Waste Determination at an On Site Interim Status or Permitted TSDF EPA expects that no hazardous waste determinations will be made at an on site interim status or permitted TSDF during the three year period covered by this ICR.

( j) Laboratory Clean Outs EPA estimates that each C/ U laboratory will conduct a clean out once per year. As a result, 76,942 laboratory clean outs will be conducted at C/ U LQGs ( i. e., 146 LQGs x 527 laboratories/ LQG) and 27,300 laboratory clean outs will be conducted at C/ U SQGs ( i. e., 150 SQGs x 182 laboratories/ SQG). These 104,242 C/ U laboratories ( i. e., 76,942 + 27,300) must document the activities of the laboratory clean out and maintain this documentation for a period of three years from the date the clean out ended.

( k) Laboratory Management Plan All 296 C/ Us electing to be subject to the proposed Subpart K requirements are required to develop a Laboratory Management Plan that describes how the C/ U will comply with the specified requirements. EPA anticipates that these C/ Us will revise an existing plan ( e. g., Chemical Hygiene Plan) to comply with the Laboratory Management Plan requirement. In estimating the annual incremental burden to respondents over the three year period covered by this ICR, EPA annualized the burden of this one time activity by dividing the number of respondents by three. Thus, EPA estimates that, on average, 99 C/ Us ( i. e., 296 C/ Us / 3 years) will develop a Laboratory Management Plan each year.

EPA also assumes that all 296 C/ Us will review and revise their Laboratory Management Plan each subsequent year. Thus, for purposes of this analysis, EPA assumes that C/ Us will review and revise their Laboratory Management Plan twice over the three year period covered by this ICR. In estimating the annual incremental burden to respondents over this three year period, EPA annualized the burden of this activity by multiplying the number of respondents by 2/ 3. Thus, EPA estimates that, on average, 197 C/ Us ( i. e., 296 x 2/ 3) will review and revise their Laboratory Management Plan each year. 29 Finally, all 296 C/ Us must retain the most recent version of the Laboratory Management Plan on site.

6( e) Bottom Line Hour and Cost Burden ( 1) Respondent Tally Exhibit 1 shows the total annual incremental hour and cost burden to respondents under the proposed rule. As shown in the exhibit, EPA estimates the annual incremental burden to be 59,136 hours and $ 2,084,260. The bottom line incremental burden to respondents over three years is estimated to be 177,408 hours and $ 6,252,780.

( 2) Agency Tally Exhibit 2 shows the total annual incremental hour and cost burden to the Agency under the proposed rule. As shown in the exhibit, EPA estimates the annual incremental burden to be 74 hours and $ 2,509. The bottom line incremental burden to the Agency over three years is estimated to be 222 hours and $ 7,527.

6( f) Reasons for Change in Burden In establishing the proposed Subpart K requirements, EPA would add some new information collection requirements to ensure that the hazardous wastes are managed in a manner that is protective of human health and the environment. These new requirements would result in an annual incremental paperwork burden to respondents of 59,136 hours.

EPA believes that this incremental burden is justified because the proposed alternative regulations allow C/ Us flexibility to tailor their laboratory operations to meet their individual circumstances, and remain protective of human health and the environment. Performance based standards for management of hazardous wastes generated in laboratories provide a better opportunity for C/ Us to evaluate their overall hazardous waste management program, and tailor it in such a way that facilitates efficient and safe management of its hazardous waste, minimizes burden, while at the same time maintaining a high standard of protection of human health and the environment. The alternative approach would help each C/ U centralize and coordinate its chemical management practices and demonstrate environmental performance beyond what would likely be achieved under the existing regulations.

6( g) Public Burden Statement The reporting burden associated with the proposed rule is estimated to average approximately 15 minutes per respondent per year. This hourly burden includes time for preparing, submitting, and keeping copies of notifications. The recordkeeping burden associated with the proposed rule is estimated to average approximately 200 hours per respondent per year. 30 This hourly burden includes time for reading the regulations; labeling containers; and preparing and maintaining training records, laboratory clean out documentation, and the Laboratory Management Plan.

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.

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 Number EPA HQ RCRA 2003 0012 or EPA 2050 AG 18 RCRA 2003 0012, which is available for online viewing at www. regulations. gov, or in person viewing at the OSWER Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D. C. 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 ( 202) 566 1744, and the telephone number for the OSWER Docket is ( 202) 566 0270. An electronic version of the public docket is available at www. regulations. gov. This site can be used 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. When 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, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA HQ RCRA 2003 0012 or EPA 2050 AG 18 RCRA 2003 0012 and OMB Control Number 2050 0035 in any correspondence. 31 EXHIBIT 1 GENERATOR STANDARDS APPLICABLE TO COLLEGE AND UNIVERSITY LABORATORIES a ESTIMATED ANNUAL RESPONDENT HOUR AND COST BURDEN Hours and Costs per Respondent Legal Manager Technical Clerical INFORMATION COLLECTION ACTIVITY $ 121.71/ Hr $ 60.94/ Hr $ 33.74/ Hr $ 25.23/ Hr Read the regulations 0.25 0.25 0.50 0.00 1.00 $ 62.53 $ 0.00 $ 0.00 99 99.00 $ 6,190.47 Subtotal 0.25 0.25 0.50 0.00 1.00 $ 62.53 $ 0.00 $ 0.00 99 99.00 $ 6,190.47 Prepare and submit notification of intent to comply with Subpart K requirements to the EPA Regional Administrator or State Director 0.00 0.50 0.00 0.20 0.70 $ 35.52 $ 0.00 $ 2.68 99 69.30 $ 3,781.80 Keep a copy of the notification on file at the C/ U 0.00 0.00 0.00 0.10 0.10 $ 2.52 $ 0.00 $ 0.00 99 9.90 $ 249.48 Subtotal 0.00 0.50 0.00 0.30 0.80 $ 38.04 $ 0.00 $ 2.68 99 79.20 $ 4,031.28 Prepare and submit withdrawal notification to the EPA Regional Administrator or State DirectorPrepare and submit one time notification to the EPA Regional Administrator or State Director 0.00 0.50 0.00 0.20 0.70 $ 35.52 $ 0.00 $ 2.68 0 0.00 $ 0.00 Keep a copy of the withdrawal notification on file at the C/ U 0.00 0.00 0.00 0.10 0.10 $ 2.52 $ 0.00 $ 0.00 0 0.00 $ 0.00 Subtotal 0.00 0.50 0.00 0.30 0.80 $ 38.04 $ 0.00 $ 2.68 0 0.00 $ 0.00 Label container 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.066 1,282,594 25,651.89 $ 943,989.42 Subtotal 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.066 1,282,594 25,651.89 $ 943,989.42 Train/ instruct individuals working in a laboratory 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 296 0.00 $ 0.00 Maintain training records for laboratory workers ( LQGs only) 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 146 0.00 $ 0.00 Subtotal 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 varies 0.00 $ 0.00 Label container with the date the 55 gallons or the 1 quart of unwanted material is exceeded 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 0 0.00 $ 0.00 Subtotal 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 0 0.00 $ 0.00 Make hazardous waste determination 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 48,607 0.00 $ 0.00 Add the appropriate EPA hazardous waste code( s) to the container label 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 48,607 972.13 $ 32,566.42 Subtotal 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 48,607 972.13 $ 32,566.42 Make hazardous waste determination 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 1,233,988 0.00 $ 0.00 Add the appropriate EPA hazardous waste code( s) to the container label 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 1,233,988 24,679.75 $ 826,771.77 Subtotal 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 1,233,988 24,679.75 $ 826,771.77 Make hazardous waste determination 0.00 0.00 0.00 0.00 0.00 $ 0.00 $ 0.00 $ 0.00 0 0.00 $ 0.00 Add the appropriate EPA hazardous waste code( s) to the container label 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 0 0.00 $ 0.00 Subtotal 0.00 0.00 0.02 0.00 0.02 $ 0.67 $ 0.00 $ 0.00 0 0.00 $ 0.00 Document activities of the laboratory clean out 0.00 0.00 0.01 0.00 0.01 $ 0.34 $ 0.00 $ 0.00 104,242 1,042.42 $ 35,442.28 Maintain documentation on laboratory clean out 0.00 0.00 0.00 0.01 0.01 $ 0.25 $ 0.00 $ 0.00 104,242 1,042.42 $ 26,060.50 Subtotal 0.00 0.00 0.01 0.01 0.02 $ 0.59 $ 0.00 $ 0.00 104,242 2,084.84 $ 61,502.78 Develop Laboratory Management Plan, or revise an existing plan 0.00 8.00 40.00 0.00 48.00 $ 1,837.12 $ 0.00 $ 0.00 99 4,752.00 $ 181,874.88 Review and revise the Laboratory Management Plan 0.00 0.00 4.00 0.00 4.00 $ 134.96 $ 0.00 $ 0.00 197 788.00 $ 26,587.12 Retain Laboratory Management Plan on site 0.00 0.00 0.00 0.10 0.10 $ 2.52 $ 0.00 $ 0.00 296 29.60 $ 745.92 Subtotal 0.00 varies varies varies varies varies $ 0.00 $ 0.00 varies 5,569.60 $ 209,207.92 TOTAL varies varies varies varies varies varies $ 0.00 varies varies 59,136.41 $ 2,084,260.06 LABORATORY MANAGEMENT PLAN ( 40 CFR 262.214) Total Hours and Costs NOTIFICATION OF INTENT TO NO LONGER COMPLY WITH THE SUBPART K REQUIREMENTS ( 40 CFR 262.204) Number of Respondents/ Ac tivities Total Hours/

Year Total Cost/

Year Respon.

Hours/

Year Labor Cost/

Year NOTIFICATION OF INTENT TO COMPLY WITH THE SUBPART K REQUIREMENTS ( 40 CFR 262.203) Capital/

Startup Cost O& M Cost LABELING OF CONTAINERS OF UNWANTED MATERIALS IN THE LABORATORY ( 40 CFR 262.206)

TRAINING AND INSTRUCTION ( 40 CFR 262.207)

REMOVAL OF CONTAINERS OF UNWANTED MATERIAL FROM THE LABORATORY ( 40 CFR 262.208)

READING THE REGULATIONS MAKING THE HAZARDOUS WASTE DETERMINATION IN THE LABORATORY ( 40 CFR 262.210)

MAKING THE HAZARDOUS WASTE DETERMINATION AT AN ON SITE CENTRAL ACCUMULATION AREA ( 40 CFR 262.211)

MAKING THE HAZARDOUS WASTE DETERMINATION AT AN ON SITE INTERIM STATUS OR PERMITTED TSDF ( 40 CFR 262.212)

LABORATORY CLEAN OUTS ( 40 CFR 262.213) 32 EXHIBIT 2 GENERATOR STANDARDS APPLICABLE TO COLLEGE AND UNIVERSITY LABORATORIES a ESTIMATED ANNUAL AGENCY HOUR AND COST BURDEN Hours and Costs per Respondent Legal Manager Technical Clerical INFORMATION COLLECTION ACTIVITY $ 68.70/ Hr $ 58.42/ Hr $ 49.44/ Hr $ 25.95/ Hr Review and process one time notification 0.00 0.00 0.25 0.50 0.75 $ 25.34 $ 0.00 $ 0.00 99 74.25 $ 2,508.66 Subtotal 0.00 0.00 0.25 0.50 0.75 $ 25.34 $ 0.00 $ 0.00 99 74.25 $ 2,508.66 Review and process one time notification 0.00 0.00 0.25 0.50 0.75 $ 25.34 $ 0.00 $ 0.00 0 0.00 $ 0.00 Subtotal 0.00 0.00 0.25 0.50 0.75 $ 25.34 $ 0.00 $ 0.00 0 0.00 $ 0.00 TOTAL 0.00 0.00 varies 0.00 varies varies $ 0.00 $ 0.00 varies 74.25 $ 2,508.66 Total Hours and Costs Respon.

Hours/

Year Labor Cost/

Year Capital/

Startup Cost O& M Cost Number of Respondents/

Activities Total Hours/

Year Total Cost/

Year NOTIFICATION OF INTENT TO COMPLY WITH THE SUBPART K REQUIREMENTS ( 40 CFR 262.203)

NOTIFICATION OF INTENT TO NO LONGER COMPLY WITH THE SUBPART K REQUIREMENTS ( 40 CFR 262.204)