SUPPORTING STATEMENT FOR

         EPA INFORMATION COLLECTION REQUEST OMB CONTROL NO. 2050-0035

                   "HAZARDOUS WASTE GENERATOR STANDARDS"

                               TABLE OF CONTENTS

IDENTIFICATION OF THE INFORMATION COLLECTION
            1(a)	Title and Number of the Information Collection	   3
            1(b)	Characterization of the Information Collection	   3

NEED FOR AND USE OF THE COLLECTION
            2(a)	Need and Authority for the Collection	    4
            2(b)	Use and Users of the Data	  10

NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
            3(a)       Nonduplication	  14
            3(b)       Public Notice	  15
            3(c)       Consultations	  15
            3(d)       Effects of Less Frequent Collection	  15
      3(e)       General Guidelines	  15
      3(f)       Confidentiality	  15
      3(g)       Sensitive Questions 	  15

THE RESPONDENTS AND THE INFORMATION COLLECTED
            4(a)	Respondents and SIC Codes	  15
            4(b)	Information Requested	  18

THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
            5(a)	Agency Activities	  74
            5(b)	Collection Methodology and Management	  77
            5(c)	Small Entity Flexibility	  78
            5(d)	Collection Schedule	  78

ESTIMATING THE BURDEN AND COST OF THE COLLECTION
            6(a)	Estimating Annual Respondent Burden	  79
            6(b)	Estimating Annual Respondent Costs	  80
            6(c)	Estimating Annual Agency Burden and Cost	  81
            6(d)	Estimating the Respondent Universe	  82
            6(e)      Bottom Line Burden Hours and Costs	  92
            6(g)	Reasons for Change in Burden	  93
            6(h)	Burden Statement	  93
 IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION

	This information collection request (ICR) is entitled "Hazardous Waste Generator Standards (Renewal)", ICR Number 0820.15. OMB Control Number 2050-0035.

	1(b)	CHARACTERIZATION OF THE INFORMATION COLLECTION

      In the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress authorized the U.S. Environmental Protection Agency (EPA) to develop and administer a national hazardous waste program.  The core of the program is the regulation of hazardous waste from generation to eventual disposal, i.e., from "cradle to grave."  Sections 3001(d) and 3002 of RCRA authorize EPA to develop and promulgate regulations for generators of hazardous waste.  Among other things, EPA is authorized to establish generator standards for recordkeeping, labeling, storage of wastes in tanks, containers, drip pads and containment buildings, use of a hazardous waste manifest system, and biennial reporting to EPA. [Note: This ICR does not cover any manifesting or biennial reporting requirements.  Manifesting requirements are addressed in ICR OMB Control No. 2050-0039.  Biennial reporting requirements are addressed in ICR OMB Control No. 2050-0024.]  In addition, RCRA section 3010 sets forth requirements for generators and other hazardous waste handlers to notify EPA of their hazardous waste activities. Finally, RCRA section 3017 sets forth requirements for exporters exporting hazardous waste from the United States (e.g., notification and annual reporting requirements).

      In 1980, EPA promulgated the principal elements of the generator requirements in 40 CFR part 262. These regulations have been amended on several occasions.  This ICR discusses six categories of information collection requirements in part 262: pre-transport requirements; hazardous waste storage requirements for containers, tanks, containment buildings and drip pads; air emission standards for large quantity generators (e.g., 40 CFR Subparts AA and BB for process vents and equipment leaks, respectively); recordkeeping and reporting requirements; flexibilities for VSQGs and SQGs; and export/import requirements.  Sections 1 through 5 of this ICR describe these information collection requirements.  In Section 6, EPA estimates the annual burden and cost to respondents and the Agency in carrying out these requirements.

 NEED FOR AND USE OF THE COLLECTION

      2(a)	NEED AND AUTHORITY FOR THE COLLECTION

      Under sections 3001(d) and 3002 of RCRA, EPA is required to promulgate regulations applicable to generators of hazardous waste as necessary to protect human health and the environment.

      HAZARDOUS WASTE DETERMINATION REQUIREMENTS

      Under RCRA section 3001, Congress authorized 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.  In implementing this mandate, EPA created the hazardous waste determination requirements at 40 CFR 262.11.  These requirements provide that generators must determine if their solid waste is listed or exhibits a hazardous characteristic based on testing or knowledge of the waste.  Hazardous waste determination requirements are needed to ensure that generators and subsequent handlers manage and dispose of the hazardous waste in compliance with the hazardous waste program.

      LARGE QUANTITY GENERATOR (LQG) PRE-TRANSPORT REQUIREMENTS

      (1)	Labeling

      Section 262.15(a)(5) and 262.17(a)(4 - 5) require LQGs to label containers, tanks, and containment buildings as specified (i.e., with the date accumulation began, the words "Hazardous Waste," and an indication of the hazard of the contents).  EPA and states need information on the time waste began accumulating for enforcement and monitoring purposes. The labels are also necessary to communicate important information about the hazards of the contents of containers and tanks to facility personnel, visitors, first responders who may encounter them in the event of an emergency, or anyone else on site at the facility. Generators that accumulate hazardous waste in tanks must also use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days.

      (2)	Personnel Training

      Section 262.17(a)(7) requires LQGs to maintain copies of personnel training documents and records at their facilities. Both EPA and states need information in personnel training records to determine whether employees have acquired the necessary expertise to perform their jobs. EPA also needs this information to review personnel records to determine whether employees are receiving a level of training that is commensurate with their duties and responsibilities as well as their ability to respond to any emergency situations at the facility.  Requiring generators to maintain personnel training documents decreases the likelihood that employees are unqualified to handle hazardous waste or respond to emergencies.  The personnel recordkeeping requirement contributes to EPA's goal of minimizing the potential for employee-related mistakes that may threaten human health and the environment.

       (3)	 Contingency Planning and Emergency Procedures

      Under section 262.17(a)(6), LQGs must comply with subpart M of part 262, which details requirements for contingency plans, and if necessary, emergency procedures, for effective action to minimize any unanticipated damage from the release of any hazardous waste. These regulations require LQGs to keep records of arrangements the facility entered into with local emergency responders to provide information on the generator's facility and its wastes, prepare and maintain contingency plans that include a quick-reference guide, and prepare emergency reports whenever imminent or actual emergency situations occur.  EPA inspectors may review the contingency plans to determine whether LQGs have developed adequate procedures to respond to unplanned sudden or non-sudden releases of hazardous waste or hazardous constituents to air, soil, or surface water.  Requiring LQGs to develop and maintain contingency plans and prepare emergency response reports contributes to EPA's goal of minimizing unanticipated damage from the accumulation of hazardous waste at generator sites.

      (4)	Tank Systems

      Under section 262.17(a)(2), EPA requires LQGs that accumulate hazardous waste in tank systems to comply with subpart J of part 265.  These requirements include inspection documentation, re-certification of extensive repairs, and closure notifications, all of which ensure that LQGs only operate tank systems that are fully protective of human health and the environment and that, if releases to the environment occur, action is taken immediately.  These requirements also contribute to EPA's goal of preventing contamination of the environment from hazardous waste accumulation practices.

      (5)	Drip Pads

      Under section 262.17(a)(3), EPA requires LQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, describe and document waste removal within 90 days, and ensure that waste generation and management practices are consistent with 90-day storage.  These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment.  The information collection requirements document the proper design and use of this type of unit.

      (6)	Containment Buildings

      Under section 262.17(a)(4), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90-day storage, that these procedures are complied with, and that the unit is emptied at least every 90 days.  These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the environment.  The information collection requirements document the proper design and use of this type of unit.

      (7)	Requests for Extensions of the Accumulation Period

      EPA promulgated regulations in section 262.17(b) allowing LQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit due to unforeseen, temporary, and uncontrollable circumstances.  EPA needs information about the extension to evaluate the cause of the generators' requests for extensions and to approve/deny requests. These requirements ensure that only generators genuinely in need of an extension are allowed to accumulate wastes longer than 90 days, and contribute to EPA's goal of preventing contamination of the environment.

      LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

      (1)	Air Emissions from Process Vents

      In 40 CFR part 265, subpart AA, EPA promulgated regulations governing emissions to air from process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10-ppmw if the unit:  is subject to the permitting requirements of 40 CFR part 270; is not exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270; or is exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a 90-day tank or container).  EPA needs information from generator facilities concerning hazardous waste releases to air from process vents to ensure that activities and control devices used by such facilities are consistent with EPA's goal of preventing contamination of the environment.

      (2)	Air Emissions from Equipment Leaks

      In 40 CFR part 265, subpart BB, EPA promulgated regulations governing emissions to air from equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight if the unit:  is subject to the permitting requirements of 40 CFR part 270; is not exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270; or is exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a 90-day tank or container).  EPA needs information from generator facilities concerning hazardous waste releases to air from equipment leaks to ensure that activities and equipment used by such facilities are consistent with EPA's goal of preventing contamination of the environment.

      SMALL QUANTITY GENERATOR (SQG) PRE-TRANSPORT REQUIREMENTS

      (1)	Labeling

      Section 262.15(a)(5) and 262.16(b)(5 - 6) require SQGs to label their containers, tanks, and containment buildings as specified (i.e., with the words "Hazardous Waste," an indication of the hazards of the contents, and the date that accumulation began).  This information allows EPA and states to monitor and enforce the accumulation requirements. The labels are also necessary to communicate important information about the hazards of the contents of containers and tanks to facility personnel, visitors, first responders who may encounter them in the event of an emergency, and any others on site at the facility.

      (2)	Preparedness and Prevention and Emergency Procedures

      EPA promulgated regulations in Section 262.16(b)(8 - 9) requiring SQGs to immediately notify the fire department in the event of a fire, or the National Response Center in the event of a fire, explosion, or other release which could threaten human health outside the facility, or when SQGs have knowledge that a spill has reached surface water.  Applicable provisions also require SQGs to keep records of arrangements the facility entered into with local emergency responders to provide information on the generator's facility, and require SQGs to post emergency information near the phone.  EPA needs this information in order to evaluate and, if necessary, respond to releases of hazardous waste into the environment.  It also increases the likelihood that appropriate procedures are in place in case of an emergency.  This information also contributes to EPA's goal of quickly responding to, and minimizing the deleterious effects of, hazardous waste releases into the environment.

      (3)	Requests for Extensions of the Accumulation Period

      EPA promulgated regulations in section 262.16(d) allowing SQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit for unforeseen, temporary, and uncontrollable circumstances.  EPA needs information about the extension to evaluate the cause of the generators' requests for extensions and to approve/deny requests. These requirements ensure that only generators genuinely in need of an extension are allowed to accumulate wastes longer than 180/270 days (depending on the distance to an off-site destination), and contribute to EPA's goal of preventing contamination of the environment.

      (4)	Drip Pads

      Under section 262.16(b)(4), EPA requires SQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, describe and document waste removal within 90 days, and ensure that waste generation and management practices are consistent with 180-day storage area requirements.  These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment.  The information collection requirements document the proper design and use of this type of unit.

      (5)	Containment Buildings

      Under section 262.16(b)(5), EPA requires SQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 180-day storage, that these procedures are complied with, and that the unit is emptied at least every 90 days.  These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the environment.  The information collection requirements document the proper design and use of this type of unit.

      RECORDKEEPING AND REPORTING REQUIREMENTS

      Authority for the recordkeeping requirements is derived from RCRA sections 2002 and 3002.  In section 3002(a)(5), Congress directed EPA to establish requirements regarding "recordkeeping practices that accurately identify the quantities of such hazardous waste generated, the constituents thereof which are significant in quantity or in potential harm to human health or the environment, and the disposition of such wastes."  In section 2002(a)(1), Congress authorized the Administrator to "prescribe, in consultation with Federal, State, and Regional authorities, such regulations as are necessary to carry out his functions."  By requiring generators to keep copies of test results, waste analyses, or other records documenting that a waste is hazardous and to submit additional reports requested by EPA, EPA will have a better understanding of which waste streams at a facility are hazardous wastes.  In addition, generators will have more immediate access to the information describing their hazardous wastes' composition; this information may be extremely important to prevent accidental releases (along with the resulting environmental and human health problems).  Finally, this information may be useful to the generators in complying with reporting requirements of other environmental laws.

      FLEXIBILITIES FOR VSQGs AND SQGs

(1)	Intra-organizational Transfers

	To afford greater flexibility to VSQGs, in section 262.14(a)(5)(viii) EPA allows VSQGs to send their hazardous waste to an LQG under the ownership of the same organization while maintaining their existing regulatory status. VSQGs must write the words "VSQG Hazardous Waste" on containers and comply with all applicable Department of Transportation Regulations. LQGs must notify EPA that they are accepting intra-organizational waste, maintain records of waste received, and label containers with the date they were received.

(2)	Episodic Generation

	Part 262 subpart L provides greater flexibility to VSQGs and SQGs that generate much of their hazardous waste on an episodic basis, EPA is allowing a VSQG or an SQG to maintain its existing regulatory status in the event of a planned or unplanned episodic event in which the facility generates a quantity of hazardous waste in a calendar month that will otherwise elevate the facility to a more stringent regulatory status.

      EXPORT AND IMPORT REQUIREMENTS

      Authority for EPA to oversee the international trade of hazardous wastes is derived from RCRA sections 1006, 1007, 2002(a), 3001 - 3010, 3013 - 3015, and 3017 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA), and as amended by the Hazardous and Solid Waste Amendments, 42 U.S.C. 6905, 6906, 6912, 6921 - 6930, 6934, and 6938.

      Section 3017 directs EPA to implement requirements for individuals exporting hazardous waste from the United States, including a notification of the intent to export, and an Annual Report summarizing the types, quantities, frequency, and ultimate destination of all exported hazardous waste.  Section 3017 also directs export shipments to conform to the terms of any international agreement between the United States and the country of import. There are three such international agreements that cover the majority of U.S. import and export shipments of hazardous waste: the U.S.-Canada waste bilateral agreement, the U.S.-Mexico waste bilateral agreement, and the multilateral waste agreement between member countries of the Organization for Economic Cooperation and Development (OECD) titled the OECD Council Decision C(2001)107/Final as amended ("OECD Council Decision").

	By arranging for shipment of the hazardous waste into the United States, a U.S. importer causes the hazardous waste to become subject to RCRA regulations for the first time, and as such the U.S. importer meets the RCRA definition of generator in 40 CFR 260.10. The RCRA import-specific requirements are therefore established under EPA's authority over RCRA generators. RCRA hazardous waste importers are subject to the hazardous waste generator requirements in 40 CFR Part 262 Subparts A  -  D and H, with the exception of accumulation conditions for exemption in sections 262.15-.17. RCRA hazardous waste importers cannot accumulate hazardous waste for more than 10 days without a RCRA storage permit. The 90-day generator accumulation time is not applicable to imports of hazardous waste, which are already in transportation. The hazardous waste import shipment may be stored during the normal course of transportation to the designated facility at a transfer facility for 10 days or less, provided that the hazardous waste is packaged in accordance with U.S. Department of Transportation (DOT) packaging regulations (40 CFR section 263.12).

	Under the November 28, 2016 "Hazardous Waste Export-Import Revisions" final rule (81 FR 85696), EPA consolidated the hazardous waste import and export regulations so that one set of protective requirements, equivalent to the regulations previously in 40 CFR Part 262 Subpart H implementing the
OECD Council Decision would apply to all imports and exports of hazardous waste. In addition, EPA established a phased in transition to electronic reporting to EPA, and mandated validation of the consent to export as part of the electronic export information submitted to U.S. Customs and Border Protection (CBP) to provide for more efficient processing and compliance monitoring.

	EPA applied OECD procedures to strengthen its oversight of such transboundary shipments of hazardous waste, as the OECD procedures are widely accepted as the international standard of control for such shipments. Under 40 CFR Part 262 Subpart H, prior notice and consent is required for exports or imports of RCRA hazardous waste, including those hazardous wastes managed under the alternate standards of 40 CFR Parts 266 or 273. Prior notice and consent allows the U.S. and other involved countries to review the proposed shipment for compliance with domestic laws and regulations prior to any actual shipment. In cases where the proposed shipment would not comply with domestic laws or regulations or where there might be an issue with the proposed receiving facility, the importing country may deny consent, thus preventing a shipment to a facility that does not have the capacity to manage the waste properly. In cases where only one of the countries control the proposed shipment as an import or export shipment of hazardous waste, the OECD procedures are followed by the country that controls the shipment as an import or export of hazardous waste. For example, if a proposed import of RCRA hazardous waste is not controlled as an export of hazardous waste by the country of export, the U.S. importer must submit the notice to EPA directly requesting consent. Shipments must occur under contracts or equivalent arrangements between the exporter, importer and receiving facility that specify compliance with the OECD procedures. When the proposed shipment would comply with domestic laws or regulations and the importing country consents, exporters and importers must ensure that an international movement document accompanies the shipment from the starting site in the country of export to the destination site in the country of import, and copies of the signed movement document must be sent by the receiving facility to the exporter and to the countries of export, import, and transit that respectively control the shipment as an export, import or transit of hazardous waste to confirm receipt of the shipment. Such confirmation reduces the risk of a shipment being misdirected to a country or facility not approved to receive the shipments for disposal or recovery. The confirmation of receipt also highlights any incident where the shipment is interrupted or misdirected, as the exporter and competent authorities will not receive the confirmation from the approved destination facility within expected timeframes. In such cases, exception reporting is required to be submitted either to EPA for exports or the authorized state agency for imports. Lastly, the confirmation of receipt provides documentation for both the exporter and the countries of import and export that the shipment in fact went to the approved recycling or disposal facility. Once received at the approved facility, management (i.e., treatment and disposal, recovery) of each shipment is required to be completed within one year of shipment delivery, and the destination facility must send confirmation of completing such management back to the exporter and to the competent authorities of the countries of export and import that respectively control the shipment as an export or import of hazardous waste. This requirement minimizes the risk of speculative accumulation or abandonment of the waste shipment, and decreases the potential for associated damage to human health and the environment. For exports, EPA requires that the exporter keep copies of the notices, contracts, EPA Acknowledgement of Consent (AOC) letters, confirmations of receipt, exception reports, confirmations of recovery or disposal, and annual reports for three years. For imports, EPA requires that the importer keep copies of the notices, EPA AOC letters, and contracts for three years. To the extent that the record is submitted electronically to EPA, the record may be stored in EPA's system.

      2(b)	USE AND USERS OF THE DATA

      HAZARDOUS WASTE DETERMINATION REQUIREMENTS

      Hazardous waste generators must follow the waste determination requirements at 40 CFR 262.11 to ensure that they fully and accurately determine whether their solid wastes qualify as RCRA hazardous wastes.  Generators who determine their solid waste to be hazardous must handle and dispose of the waste in compliance with the hazardous waste program.  Generators have the flexibility to use either testing or knowledge of the waste in making their determinations.

      LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

      (1)	Labeling

      LQGs use the labeling information to maintain compliance with RCRA hazardous waste regulations and communicate the hazards to facility personnel, visitors, first responders who may encounter them in the event of an emergency, and any others on site at the facility.

      (2)	Personnel Training

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

      (3)	Contingency Plan and Emergency Procedures

      Local emergency response teams, LQGs, and EPA use information included in the contingency plan to assure an appropriate response to any unplanned release of hazardous waste or hazardous waste constituents.  EPA reviews information in the contingency plan and emergency report to determine whether additional site-specific emergency provisions are necessary.

      EPA, as well as local and State government agencies responding to any releases, uses the information submitted by LQGs under section 262.17(a)(6) to document and respond to any spills or other unplanned releases of hazardous wastes into the environment.

      (4)	Tank Systems

      In section 262.17(a)(2), EPA requires LQGs that accumulate hazardous waste in tank systems to comply with standards detailed in part 265 subpart J. The following lists each information collection requirement that applies to tank systems and describes how EPA uses the information.

       A no-free-liquids demonstration (§265.190(a)).  EPA uses this demonstration to decide whether it may exempt LQGs that meet this and other conditions (using tanks that contain no free liquids and are situated in a building with an impermeable floor) from the requirements of section 265.193.

       Existing tank system assessments (§265.191). EPA uses this information to assure that LQGs operating tank systems without secondary containment carefully evaluate the tank systems' primary containment capability to ensure that the tank systems are not leaking.

       New tank system assessments and certifications (§265.192).  EPA uses new tank system assessments and certifications to assure that any new system components installed at the LQG facilities are appropriate for and will adequately contain hazardous waste.

       An equivalent containment exemption (§265.193(d)(4)).  EPA may grant this exemption to LQGs that can demonstrate that their release containment system is equivalent to a liner, vault, or double-walled tank.  This exemption lessens the burden on LQGs without compromising public health or the environment.

       An exemption from the 24-hour leak detection requirement (§265.193(e)(3)(iii)).  EPA may grant this exemption to LQGs that can demonstrate that existing technologies or site conditions will not allow detection of a leak within 24 hours.  This exemption allows these LQGs to use a system that will detect failure and contamination at the earliest practicable time.

       A variance from the secondary containment requirements (§265.193(g)).  EPA may grant LQGs a variance from all secondary containment requirements if they can demonstrate that alternative design and operating principles, together with location characteristics, will be as protective of the environment as secondary containment.  This variance lessens the burden on LQGs without compromising public health or the environment.

       A notification of intent to conduct and submit a demonstration for a variance from secondary containment (§265.193(h)).  The Regional Administrator must be notified of the intent of an owner or operator to conduct and submit a demonstration for a variance from secondary containment so that EPA can evaluate and the public can participate in the process and to reduce the burden and costs without compromising protection of human health and the environment.

       Annual leak tests and inspections for LQGs using tests that do not meet the secondary containment requirements (§265.193(i)). EPA uses this information to ensure that hazardous wastes are not leaking into the environment.

       An exemption from the 24-hour waste removal requirement (§265,196(b)).  EPA uses information submitted by LQGs under these sections to decide whether to grant the exemptions.  EPA regulations require facilities at which there has been a spill to remove, within 24 hours, enough waste from the system to prevent further release and allow for inspection and repair of the tank.  If the LQG can demonstrate that it is not possible to do so within 24 hours, EPA will allow the LQG to remove the waste at the earliest practicable time.

       Release notifications and reports, and major repair certifications (§265.196(d) and (f)).  EPA uses release notifications and reports to document hazardous waste releases and track the progress of their cleanup.  In cases in which a release has been caused by major system damage, the Agency uses the certifications to document that the system has been adequately repaired.

      (5)	Drip Pads

      In 262.17(a)(3), EPA requires LQGs that accumulate hazardous waste on drip pads to comply with contingency plan, assessment, upgrading, repair, and release-related information collection requirements, as well as to document the proper use of drip pads and compliance with 90-day waste removal requirements.  EPA uses these data to ensure that drip pads are protective of health and the environment and are designed, improved, repaired and used in a manner that is environmentally sound.  Moreover, EPA uses this information to document compliance with the limitations placed on generators using drip pads for 90-day accumulation.

      (6)	Containment Buildings

      In 262.17(a)(4), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with certification, release notification, repair, and design-related requirements, as well as to document the existence of storage procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90-day storage, that these procedures are complied with, or that the unit is emptied at least every 90 days.  EPA uses this data to ensure that the containment building is designed according to applicable standards, that releases are reported and documented, and that necessary repairs are documented.  The Agency also uses this information to document compliance with the 90-day limit on waste storage.  Overall, these requirements ensure that containment buildings are used in a manner that is protective of human health and the environment.

      (7)	Requests for Extensions of the Accumulation Period

      EPA uses the information submitted in the accumulation extension period request to determine whether a generator should be granted additional time to accumulate waste on site in unforeseen, temporary, and uncontrollable circumstances.

      LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

      (1)	Air Emissions from Process Vents

      Records and reports required in 40 CFR part 265, subpart AA are used to enable EPA to: (1) identify generators that are not in compliance with the standard and (2) ensure that the standards required by section 3004(n) are being implemented effectively.  Based on reported information, EPA can decide how many generator inspections will be needed, which generators should be inspected, and what records or processes should be reviewed at the generator unit.  The records that generators maintain play a significant role for the unit owner or operator in assessing unit personnel efforts and in determining whether the unit is in compliance with the standard.

      (2)	Air Emissions from Equipment Leaks

      Records and reports required in 40 CFR part 265, subpart BB are used for the same purposes as the information required under subpart AA, e.g., to identify generators that are not in compliance with the standards and take enforcement action, if needed.

      SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

      (1)	Labeling

      SQGs use the labeling requirements to ensure compliance with accumulation and handling requirements and to communicate the hazards to facility personnel, visitors, first responders who may encounter them in the event of an emergency, and any others on site at the facility.

      (2)	Preparedness and Prevention and Emergency Procedures

      EPA, as well as local and State government agencies responding to any releases, use the information submitted by SQGs under section 262.16(a)(8 - 9) to document and respond to any spills or other unplanned releases of hazardous wastes into the environment.  EPA also uses this information to assess the needs and state of readiness of generators and to facilitate appropriate responses in cases of an emergency.

      (3)	Requests for Extensions of the Accumulation Period

      EPA uses the information submitted in the accumulation period extension to determine whether an SQG should be granted additional time to accumulate waste on site in unforeseen, temporary, or uncontrollable circumstances.

      (4)	Drip Pads

      Under section 262.16(b)(4), EPA requires SQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, as well as to describe and document waste removal within 90 days.  These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment.  The information collection requirements document the proper design and use of this type of unit.

      (5)	Containment Buildings

      Under section 262.16(b)(5), EPA requires SQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90-day storage area requirements, and that these procedures are complied with.  These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the environment.  The information collection requirements document the proper design and use of this type of unit.

      RECORDKEEPING AND REPORTING REQUIREMENTS

      In monitoring compliance and enforcing regulations, EPA relies on the recordkeeping requirements in sections 262.11 and 262.44 to provide a record of generators' hazardous waste generation, determination status (e.g., testing or knowledge), and its eventual disposition.

      EXPORT AND IMPORT REQUIREMENTS

      The Office of Enforcement and Compliance Assurance, U.S. EPA, uses the information provided by each U.S. exporter, receiving facility, transporter, and recognized trader to determine compliance with the applicable RCRA regulatory provisions. In addition, the information is used to determine the number, origin, destination, and type of exports from and imports to the U.S. for tracking purposes and for reporting to the OECD. This information also is used to assess the efficiency of the program.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

      3(a)	NONDUPLICATION

      The information collected under this ICR is not available from any source other than respondents.  EPA's Office of Resource Conservation and Recovery is the only office within the Agency requiring the recordkeeping or reporting of this information.  No other Federal agency or department collects this information.

      3(b)	PUBLIC NOTICE

      In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on June 17, 2022.  The public comment period extended through August 16, 2022.  EPA received one comment that was not related to this ICR.

      3(c)	CONSULTATIONS

      The following is a list of organizations contacted for information supporting the development of this ICR. None of the burden estimates were changed as a result of these consultations.

Organization
Contact
TRADEBE TREATMENT & RECYCLING LLC
Tita Lagrimas
HEXION
Jenna Downing
PUEBLO CHEMICAL DEPOT
Jamal Albaiz
GALENA PARK TERMINAL
Scott Eady
LONG LIFE TREATED WOOD, INC
Janet Anderson
PEACE HEALTH
Roni Dersham
NEW ENGLAND PRECISION
Robert Eccher
ICP ADHESIVES & SEALANTS
Erry W Armes

	3(d)	EFFECTS OF LESS FREQUENT COLLECTION

      EPA has carefully considered the burden imposed upon the regulated community by the generator standards.  EPA is confident that those activities required of respondents are necessary, and to the extent possible, have attempted to minimize the burden imposed.  EPA believes strongly that if the minimum requirements specified under the regulations are not met, neither the generators nor EPA can ensure that hazardous wastes are being properly managed, and do not pose a serious threat to human health and the environment.

      3(e)	GENERAL GUIDELINES

      This ICR adheres to the guidelines started in the 1995 Paperwork Reduction Act (PRA), OMB's implementing regulations, OMB's Information Collection Review Handbook, and other applicable OMB guidance.

      3(f)	CONFIDENTIALITY

	Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality.

      3(g)	SENSITIVE QUESTIONS

      No questions of a sensitive nature are included in any of the information collection requirements.

4.	THE RESPONDENTS AND THE INFORMATION COLLECTED

      4(a)	RESPONDENTS AND NAIC CODES

      The following is a list of North American Industry Classification System (NAICS) codes, associated with generators most likely to be affected by the generator information requirements covered under this ICR. Potentially affected industries may include, but are not limited to the following:

NAICS code
Description
113
Forestry and Logging
115
Support Activities for Agriculture and Forestry
211
Oil and Gas Extraction
212
Mining (except Oil and Gas)
221
Utilities
311
Food Manufacturing
313
Textile Mills
314
Textile Product Mills
315
Apparel Manufacturing
316
Leather and Allied Product Manufacturing
321
Wood Product Manufacturing
322
Paper Manufacturing
323
Printing and Related Support Activities
324
Petroleum and Coal Products Manufacturing
325
Chemical Manufacturing
326
Plastics and Rubber Products Manufacturing
327
Nonmetallic Mineral Product Manufacturing
331
Primary Metal Manufacturing
332
Fabricated Metal Product Manufacturing
333
Machinery Manufacturing
334
Computer and Electronic Product Manufacturing
335
Electrical Equipment and Appliance Manufacturing
336
Transportation Equipment Manufacturing
337
Furniture and Related Product Manufacturing
339
Miscellaneous Manufacturing
423
Merchant Wholesalers, Durable Goods added
424
Merchant Wholesalers, Nondurable Goods
511
Publishing Industries
512
Motion Picture and Sound Recording Industries
522
Credit Intermediation and Related Activities
525
Funds, Trusts, and Other Financial Vehicles
531
Real Estate
541
Professional, Scientific, and Technical Services
561
Administrative and Support Services
562
Waste Management and Remediation Services
721
Accommodation
812
Personal and Laundry Services
813
Religious, Grantmaking, Civic, Professional, and Similar Organizations

      4(b)	INFORMATION REQUESTED

      HAZARDOUS WASTE DETERMINATION REQUIREMENTS

      40 CFR 262.11 requires that, if a person generates a solid waste, he or she must determine if that waste is a hazardous waste.  The person should first determine if the waste is excluded from regulation under 40 CFR 261.4.  He or she must then determine if the waste is listed as a hazardous waste in subpart D of 40 CFR part 261.  For purposes of compliance with 40 CFR part 268, or if the waste is not listed in subpart D of 40 CFR part 261, the generator must then determine whether the waste is identified in subpart C of 40 CFR part 261 by either testing the waste or applying knowledge of the hazard characteristics of the waste in light of the materials or the processes used.

      (i)	Data item:

        Both LQGs and SQGs are required to maintain records that support their hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined in section 261.3. They must be kept for a period of at least three years.

      (ii)	Respondent activities:

      In making a hazardous waste determination, respondents must:

 Test their waste; or
 Use knowledge of the waste.
 Maintain records related to waste determinations for at least three years.

	LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

      Large quantity generator pre-transport requirements comprise seven distinct categories of informational requirements: labeling, personnel training, contingency planning and emergency procedures, tank systems, drip pads, containment buildings, and requests for extensions of the accumulation period.

(1)	Labeling

      40 CFR 262.17(a)(4 - 5) require that LQGs label each container, tank, or containment building accumulating hazardous waste with the words "Hazardous Waste," an indication of the hazards of the contents, and the date upon which each period of accumulation begins. Section 262.15(a)(5) requires LQGs accumulating either hazardous waste or acutely hazardous waste at or near the point of generation to mark these containers in "satellite accumulation areas" with the words "Hazardous Waste" and an indication of the hazard.  Section 262.15(a)(6) further requires that, if the LQG accumulates hazardous waste or acutely hazardous waste in a satellite accumulation area in excess of specified amounts, the LQG must, within three days, move that excess waste to a 90-day accumulation area.  During that three-day period, the LQG must mark the container holding the excess accumulation with the date the excess amount began accumulating.

      (i)	Data items

 Labels with the words "Hazardous Waste"
 An indication of the hazards of a container's contents (e.g., the applicable hazardous waste characteristics); and either
 The date that the allowable accumulation amount was exceeded for containers in satellite accumulation areas; or
 The date upon which accumulation began for containers in 90-day storage areas

      In addition, LQGs must place the following information in a conspicuous area on or near containment buildings:

 The words "Hazardous Waste"
 An indication of the hazards of the waste.
 The date that accumulation began

      (ii)	Respondent activities

      In complying with sections 262.15(a)(5) and 262.17(a)(4 - 5) LQGs are required to label containers,  tanks, and containment buildings with the following information: (1) the words "Hazardous Waste;" (2) an indication of the hazards of a container's contents; and (3) either the date upon which each period of accumulation begins clearly visible for inspection on each container in 90-day accumulation areas, or the date that the allowable accumulation amount was exceed for containers in satellite accumulation areas.

(2)	Personnel Training

      LQGs must comply with requirements in section 262.17(a)(7), which requires LQGs to maintain copies of personnel training documents and records at the facility, and maintain those records until closure of the facility, except as otherwise specified.

      (i)	Data items

 Personnel training records should include the following data items:

            --Job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

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

            --Written description of the type and amount of both introductory and continuing training that will be given to each person filling a position; and

            --Records that document that the training or job experience required have been given to, and completed by, facility personnel.

      (ii)	Respondent activities

      Respondents must perform the following activities under section 262.17(a)(7):

 Collect the data items listed above; and

 Maintain (e.g., photocopying and filing) the information at the facility.

(3)	Emergency Response Preparedness

      (i) Data items:

      Under part 262 subpart M, requirements for prevention, preparedness, and emergency response, LQGs must prepare a contingency plan, attempt to coordinate with local response agencies, and update the plan as needed. In addition, LQGs must maintain records documenting these arrangements with local emergency responders, or if no arrangement exists, that attempts were made to set up this arrangement for at least three years. Most LQGs are likely to have active arrangements with local authorities and will only incur costs to document these arrangements. Currently, EPA estimates that 10 percent of facilities have failed to make arrangements with local emergency responders. In addition, all new LQGs are required to submit a quick reference guide to their contingency plan to emergency management authorities to improve the ability of emergency response teams to respond to an emergency. Furthermore, EPA is requiring any LQG that makes a change to its existing contingency plan to prepare and submit a quick reference guide to their contingency plan to emergency responders.

      (ii) Respondent activities:

      Existing LQGs will have to document active arrangements with local emergency management authorities, or if no arrangement exists, that attempts were made to set up this arrangement. All new LQGs will have to submit a quick reference guide to their contingency plan to emergency management authorities. Additionally, any LQG that makes a change to its existing contingency plan will also have to submit a quick reference guide to their contingency plan to emergency responders.

(a)	Contingency Plan

      Section 262.256 requires generators to maintain records of their arrangements with local authorities to become more familiar with the generators' facility and wastes.  Section 262.260 requires LQGs to have a contingency plan for their facilities.  Section 262.262 requires the generators to maintain a copy of an updated contingency plan at the facility.  LQGs are also required to create and submit a quick reference guide of the contingency plan to the local emergency responders. Data elements required by this plan are outlined in section 262.261.

      (i)	Data items

 Contingency plan should include the following data items:

            --A description of the actions facility personnel will take in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or, surface water at this facility;

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

            --An updated list of names and emergency phone numbers of all persons qualified to act as emergency coordinators plus designated as primary emergency coordinators and alternates listed in order;

            --An updated list of all emergency equipment at the facility and the location, physical description, and capabilities of the emergency equipment.  The contingency plan should also indicate where the emergency equipment will be required; and

            --An evacuation plan for the facility personnel where there is a possibility that evacuation may be necessary including a description of signals used to begin evacuation, evacuation routes, and alternate routes.

       Quick reference guide that includes the following information:

            --The types/names of hazardous wastes in layman's terms;

            --The estimated maximum amount of each hazardous waste that may be present at any one time;

            --Identification of wastes where exposure would require special treatment;
            a map of the facility showing where hazardous waste are generated, accumulated, treated, and routes for accessing these wastes,

            --A street map of the facility that will show the best way to access the facility as well as evacuate nearby buildings;

            --The locations of water supply;

            --The identification of on-site notification systems; and

            --The name of the emergency coordinator's emergency phone number.

 Generators must update their quick reference guide whenever a contingency plan is amended and submit the updated version to the local emergency responders or Local Emergency Planning Committee.

      (ii)	Respondent activities

      In order to comply with these requirements, generators are required to perform the following activities:

 Collect the data required in the contingency plan;

       Note, where appropriate, whether State or local authorities decline to enter into agreement to become familiar with the LQG's facility and its wastes;

 Write the contingency plan;

 Keep a copy of the contingency plan on site;

       Submit copies of plan to local police departments, hospitals, and state local emergency response teams; and

 Amend the contingency plan when appropriate.

 Write and submit a quick reference guide to local emergency responders

(b)	Emergency Procedures

Under section 262.265, whenever there is an imminent or actual emergency situation, the emergency coordinator must immediately activate alarms and notify personnel and appropriate State or local emergency response agencies.  Whenever there is a release, fire, or explosion, the emergency coordinator must immediately investigate and assess the release and hazard conditions. If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health or the environment outside the facility, he must report his findings to local authorities, as specified, and the government official designated as the on-scene coordinator for that geographical area or the National Response Center (NRC).

(i)	Data items

 Notification to fire department of imminent or actual emergency situation.
 Emergency report to the on-scene coordinator or NRC, including:

            --Name and telephone number of reporter;

            --Name and address of facility;

            --Time and type of incident;

            --Name and quantity of material(s) involved;

            --The extent of injuries; and

            --Possible hazards to human health or the environment outside the facility.

(ii)	Respondent activities

Emergency coordinators, or their designees, must conduct the following activities, as applicable:

Notify State or local emergency response agencies of imminent or actual emergency situation;

Whenever there is a release, fire, or explosion, immediately investigate and assess the release and hazard conditions; and

If the facility has had a release, fire, or explosion which could threaten human health or the environment outside the facility boundary, notify local authorities if local evacuation is advisable and notify OSC for that geographical area or the NRC.

(c)	Notification of Compliance

Section 262.265 states that LQGs should note in the operating record the time, date, and details of any incident that requires implementing the contingency plan and submit a report on the incident to the Regional Administrator within 15 days that includes such information as the name, address and telephone number of the owner or operator, the date, time, and type of incident, extent of injuries, etc.

(i)	Data items

 The report must include the following data items:

            --Name, address, and telephone number of the generator;

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

            --Date, time, and type of incident;

            --Name and quantity of material(s) involved;

            --The extent of injuries;

            --An assessment of actual or potential hazards to human health or the environment; and

            --Estimated quantity and disposition of recovered material that resulted from the incident.

(ii)	Respondent activities

 As required by section 262.265(i), LQGs must:

            --Compile information that demonstrates that all affected areas are in compliance;

            --Prepare a letter notifying the Regional Administrator of this compliance; and

            --Submit the report.

(4)	Tank Systems

      In section 262.17(a)(2), LQGs that use tanks to accumulate hazardous waste for 90 days or less are required to comply with the requirements in 40 CFR part 265 subpart J.

      (a)	No Free Liquids Demonstration

      Section 265.190(a) exempts LQGs from the requirements of section 265.193 (containment and detection of releases) provided that the tanks are located in buildings with impermeable floors and are used to accumulate wastes that contain no free liquids.

      (i)	Data item

       Demonstration of absence of free liquids, including the results of the Paint Filter Liquids Test, performed as specified in SW-846.  Generators must retain the test results on site, in accordance with section 262.40(c).

      (ii)	Respondent activities

      Respondents must perform the following activities in performing this demonstration:

 Perform the test; and

 Place copy of results in record.

      (b)	Assessments of Existing Tank Systems' Integrity

      Section 265.191 requires LQGs with tank systems that (1) accumulate waste that became hazardous after July 14, 1986 and (2) do not meet the secondary containment requirements of section 265.193 to determine if their tank systems are sufficient for accumulating hazardous waste.

      (i)	Data items

       For each existing tank system, a written assessment that has been reviewed and certified by an independent, qualified registered professional engineer in accordance with section 270.11(d).  At a minimum, the assessment must consider the following:

            --The design standards to which the tank and ancillary equipment were constructed;

            --Hazardous characteristics of the waste(s) that has been and will be handled;

            --Existing corrosion protection measures;

            --The tank's documented or estimated age; and

            --Results of a leak test performed as specified in section 265.191(b)(5)(i) and (ii).

      (ii)	Respondent activities

      Respondents must perform the following activities in assessing their tank systems:

 Perform the leak test as specified in section 265.191(b)(5)(i) and (ii);

       Obtain the written assessment certified by an independent, qualified and registered professional engineer that attests to the tank system's integrity; and

 File the assessment at the facility.

      (c)	Design and Installation of New Tank Systems or Components

      Section 265.192 requires LQGs that install new tank systems or components to obtain written assessments attesting that their tank systems are acceptable for storing hazardous wastes.  In addition, LQGs must obtain and keep on file at the facility statements written by those who designed the tank systems and supervised their construction.  These statements will verify that the systems were designed and constructed properly.

      (i)	Data items

       For each new tank system, a written assessment that has been reviewed and certified by an independent, qualified, registered professional engineer in accordance with section 270.11(d).  At a minimum, the assessment must report on the following:

            --The design standards to which the tank and ancillary equipment were constructed;

            --Hazardous characteristics of the waste(s) to be handled;

            --For new systems or components in which any external metal component of the tank system will be in contact with soil or water, a determination by a corrosion expert of the factors affecting the potential for and protection from corrosion as specified in section 265.192(a)(3)(i) and (ii);

            --For underground tank systems likely to be adversely affected by vehicular traffic, the design or operational measures that will protect the tank system from damage; and

            --Design considerations to ensure that:  1) tank foundations will maintain the load of a full tank, 2) the systems are anchored so that they will not float or dislodge when placed in a saturated or seismic fault zone, and 3) the systems will withstand the effects of frost heave.

       Records of statements written by those who certify the tank system's design and supervise its installation (§265.192(g)).  These records must verify that the system was designed and installed according to the regulatory requirements, and that any needed repairs were performed.  They must also include the certification statement as required in section 270.11(d).

      (ii)	Respondent activities

      Respondents must perform the following activities in complying with these requirements:

 Obtain the written assessment and have it reviewed and certified;

       Obtain written statements from those who certified the design of the tank system and supervised its installation; and

 File the written statements at the facility.

      (d)	Containment and Detection of Releases

      Section 265.193 requires LQGs operating tank systems to have secondary containment that will prevent the release of hazardous constituents into the environment.  New tank systems must have the containment installed prior to their being put into service.  The dates by which containment must be installed on existing tank systems depend upon the waste types handled, the system's age, and other factors.  The information collection requirements in this section include reports to the Regional Administrator that, upon approval, will exempt, when appropriate, tank system generators from specific secondary containment standards.  In addition, section 265.193(g) allows LQGs to obtain variances from all secondary containment requirements if they can demonstrate to the Regional Administrator that alternative design and operating practices, together with location characteristics, will be as protective of the environment as secondary containment.

      (1)	Equivalent Containment Devices

      Section 265.193(d) requires all secondary containment for tank systems to include one or more of the following devices:  a liner; a vault; a double-walled tank; or an equivalent device, as approved by the Regional Administrator.  Though some respondents may choose to use a previously-approved containment device, this ICR assumes that generators will submit to the Regional Administrator written information regarding the design and type of device, as well as additional information that may be necessary to substantiate a claim that the device is equivalent to a liner, vault, or double-walled tank.

      (i)	Data items

       Written information regarding the design and type of containment device as well as additional information that may be necessary to substantiate a claim that the device is equivalent to a liner, vault, or double-walled tank.

      (ii)	Respondent activities

      Respondents must perform the following activities in obtaining approval for their equivalent containment device:

       Gather information regarding the design and type of containment device as well as additional information necessary to substantiate a claim that the device is equivalent to a liner, vault, or double-walled tank; and

 Submit the information to the Regional Administrator.

      (2)	Exemption from 24-hour Leak Detection Requirement

      Section 265.193(e)(3)(iii) requires secondary containment systems to have a leak detection system that will detect a release within 24 hours.  If LQGs can demonstrate to EPA that existing technologies or site conditions will not allow detection within 24 hours, they may use a leak detection system that will detect failure or contamination "at the earliest practicable time."

      (i)	Data items

       Demonstration regarding existing technologies or site conditions sufficient to show that the leak detection system cannot detect failure or contamination within 24 hours.

      (ii)	Respondent activities

      Respondents must perform the following activities in obtaining an exemption from the 24-hour detection requirement:

       Compile evidence showing that the leak detection system cannot detect failure or contamination within 24 hours; and

 Submit the evidence to the Regional Administrator.

      (3)	Variance from Secondary Containment Requirement

      Section 265.193(g) allows LQGs to obtain a variance from all secondary containment requirements if they can demonstrate to the Regional Administrator that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous constituents into the ground water or surface water as effectively as secondary containment.  In the event of a release that does migrate to ground or surface water, facilities must demonstrate the release will pose no substantial hazard.

      (i)	Data items

       Written notification to the Regional Administrator indicating intent to conduct and submit a demonstration for a variance from secondary containment.  This notification must contain:

            --Description of the steps necessary to conduct the demonstration (which must address each factor listed in §265.193(g)(1) and (2)); and

            --Timetable for completing each step.

      (ii)	Respondent activities

      Respondents must perform the following activities in obtaining a variance from secondary containment:

 Prepare the notification of intent to conduct a demonstration;

       Submit the notification to the Regional Administrator (for existing tank systems, notification must be submitted 24 months prior to the date at which secondary containment must be provided; for new systems, notification must be submitted at least 30 days before entering into a contract to install the system);

 Complete the demonstration in accordance with section 265.193(g)(1) and (2); and

       Submit the completed demonstration to the Regional Administrator within 180 days of submitting the notification.

      (4)	Annual Leak Test and Inspections

      Section 265.193(i) requires LQGs, until they meet the secondary containment requirements, to conduct annual leak tests and/or inspections of their tanks and ancillary equipment.  Records of these assessments must be kept on file at the facility.

      (i)	Data items

 Record of the results of the leak tests and/or inspections (§265.193(i)).

      (ii)	Respondent activities

      Respondents must perform the following activities in filing a record of the assessment results:

       For non-enterable underground tanks, conduct a leak test that meets the requirements of section 265.191(b)(5);

       For all other tanks and for ancillary equipment, conduct an annual leak test that meets the requirements in section 265.191(b)(5) or have the tanks and equipment inspected as described in section 265.193(I)(1);

 Record the inspection and/or test results; and

 Maintain on file at the facility a record of the results.

      (e)	Responses to Leaks or Spills; Disposition of Leaking or Unfit-for-Use Tank Systems

      Section 265.196 requires LQGs with a tank system or secondary containment system from which there has been a spill to remove it from service immediately.  Section 265.196(b) requires LQGs, within 24 hours, to remove enough waste from the system to prevent further release and allow for inspection and repair of the tank.  If the LQG can demonstrate that it is not possible to do so within 24 hours, the waste may be removed at the earliest practicable time.

      (1)	Exemptions from 24-hour waste removal requirement

      (i)	Data items

       Demonstration sufficient to show that, within 24 hours, the generator cannot remove enough waste from the system to prevent further release and allow for system inspection and repair.

      (ii)	Respondent activities

      Respondents must perform the following activities in making this demonstration:

       Compile evidence showing that, within 24 hours, enough waste cannot be removed from the system to prevent further release and allow for system inspection and repair.

 Submit the evidence to the Regional Administrator.

      (2)	Release Notifications and Reports

      Section 265.196(d) requires LQGs to comply with certain reporting requirements in the case of a leak or spill.  LQGs must notify the Regional Administrator of any release to the environment (except as defined in §265.196(d)(2)) within 24 hours of detection (if the release has been reported pursuant to 40 CFR part 302 (CERCLA §103), that report will satisfy this requirement), and submit a detailed report within 30 days.  In addition, if the generator has made major repairs to the system, section 265.196(f) requires that generators submit to the Regional Administrator a certification of major repairs.  This certification, obtained by an independent qualified registered professional engineer in accordance with section 270.1(d), documents that the system has been repaired and is capable of handling hazardous waste without release, and must be submitted to the Regional Administrator within seven days of returning the system to use.

      (i)	Data items

 A notification to the Regional Administrator that there has been a release;

 A report to the Regional Administrator containing the following information:

            --The release's likely migration route;

            --The surrounding soil characteristics;

            --The results of any monitoring or sampling conducted in connection with the release (if not available within 30 days, results must be submitted as soon as practicable);

            --The release's proximity to downgradient drinking water, surface water, and population areas; and

            --A description of the response actions taken or planned.

       A certification by an independent, qualified, registered professional engineer in accordance with section 270.11(d) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.

      (ii)	Respondent activities

      Respondents must perform the following activities in preparing and submitting release notifications and reports:

       Within 24 hours of detection, notify the Regional Administrator that there has been a release;

 Within 30 days of detection, the LQG must:

            --Determine the release's likely migration route;

            --Provide information on the surrounding soil characteristics;

            --Conduct appropriate monitoring or sampling;

            --Determine the release's proximity to downgradient drinking water, surface water, and population areas;

            --Describe the response actions taken or planned; and

            --Compile the report.

 Submit the report.

      (3)	Major Repair Certifications

      (i)	Data item

 Certification

      (ii)	Respondent Activities

      Respondents must perform the following activities in preparing and submitting a certification of major repairs:

       Obtain a certification from an independent, qualified, registered professional engineer, in accordance with section 270.11(d); and

       Within seven days of returning the system to use, submit the certification to the Regional Administrator.

(5)	Drip Pads

      Under section 262.17(a)(3), EPA requires LQGs that accumulate hazardous waste on drip pads comply with contingency plan, assessment, upgrading, repair, and release-related information collection requirements, as well as document the proper use of drip pads and compliance with 90-day waste removal requirements.

      (a)	Contingency Plan

      Section 265.440(c)(1) provides that facilities with infrequent and incidental drippage in storage yards may be exempt from drip pad requirements if they prepare a contingency plan that responds to such drippage.

      (i)	Data items

 Maintenance of contingency plan that addresses clean-up of incidental drippage; and
 Records of clean-up.

      (ii)	Respondent activities

      Respondents must perform the following activities:

 Prepare contingency plan;
 Document clean-up of incidental drippage; and
 Retain documentation for 3 years.

      (b)	Adequacy of Existing Drip Pads

      Sections 265.441(a), (b) and (c) require generators using drip pads to maintain on file an assessment of pad integrity, prepare and submit a plan for upgrading the pad (as necessary to meet applicable regulation) to the Regional Administrator, and submit drawings and a certification of the pad to Regional Administration.

      (i)	Data items

 An assessment of pad integrity;

 A plan for upgrading the pad to meet the applicable regulatory standards; and

       Drawings of the pad and a certification by an independent, qualified, registered professional engineer that upon completion of repairs and modifications the pad conforms to the drawings.

      (ii)	Respondent activities

      Respondents must perform the following activities:

 Prepare and maintain an assessment of pad integrity;

 Prepare a plan for upgrading the pad to meet the applicable regulatory standards; and

       Prepare drawings of the pad and obtain the certification of an independent, qualified, registered professional engineer that the pad conforms to the drawings.

      (c)	Design and Operating Requirements

      Section 265.443 requires that generators using drip pads must maintain an assessment of the drip pad and records of any release of hazardous waste.  These generators must also notify the Regional Administrator and provide written notice of any release of hazardous waste as well as of the completion of modifications or repairs.  Certification of such modifications or repairs is also required. Finally, generators using drip pads must document operating and waste handling practices in their operating log.

      (i)	Data items

       An assessment of the drip pad reviewed and certified by an independent, qualified, registered professional engineer;

        A record of any condition contributing to or actual release of hazardous waste from the drip pad;

 Notice to the Regional Administrator of any release of hazardous waste;

       Notice to the Regional Administrator of completion of any repairs required to meet applicable standards;

       Certification of an independent, qualified, registered professional engineer that the repairs satisfy applicable standards; and

 Documentation of operating and waste handling practices.

      (ii)	Respondent activities

      Respondents must perform the following activities:

       Prepare an assessment of the drip pad and have the assessment certified by an independent, qualified, registered professional engineer;

       Place a record of any condition contributing to or actual releases of hazardous waste from the drip pad in the operating log;

       Notify the Regional Administrator of releases of hazardous waste and provide written notice of same;

       Provide notice to the Regional Administrator of the completion of any repairs required to meet applicable standards;

       Provide a copy of the certification of an independent, qualified, registered professional engineer that the repairs satisfy applicable standards to the Regional Administrator; and

 Prepare documentation of operating and waste handling practices.

      (d)	Certification of Liner

      Section 265.444(a) requires generators using drip pads to place a certification of the adequacy of the liner in their operating log.

      (i)	Data items

       Certification by an independent, qualified, registered professional engineer that following construction or installation the liner meets the specified regulatory standard.

      (ii)	Respondent activities

      Respondents must perform the following activities:

       Obtain the certification of an independent, qualified, registered professional engineer that following construction or installation the liner meets the specified regulatory standard; and

 Place the certification in the operating log.

      (e)	Documentation of Waste Removal

      Section 262.17(a)(3)(iii) requires generators using drip pads to maintain a description of their 90-day waste removal practices and to document each waste removal.

      (i)	Data items

 A description of 90-day waste removal practices; and
 Documentation of each waste removal.

      (ii)	Respondent activities

      Respondents must perform the following activities:

 Prepare a description of 90-day waste removal practices; and
 Document each waste removal.

(6)	Containment Buildings

      Under section 262.17(a)(4), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with certification, release notification, repair, and design-related requirements as well as to document storage procedures, waste generation and management practices, compliance with procedures, and that the unit is emptied at least every 90 days.

      (a)	Design and Performance Documentation

      Section 265.1101(c) and (d) require that generators using containment buildings must place a certification of compliance with applicable standards in the record, record releases of hazardous waste, and notify the Regional Administrator of dangerous conditions or releases of waste within 7 days and provide written notice within 14 days.  These generators must notify Regional Administrator upon completion of repairs.  They must also record and place in the operating plan every 7 days information about operating procedures used to verify the integrity of areas lacking secondary containment (only in buildings that contain areas both with and without secondary containment).

      (i)	Data items

       A certification of an independent, qualified, registered professional engineer that the design of the containment building meets applicable regulatory standards;

 Records of any release of hazardous waste from a containment building;

       Notification of the Regional Administrator of any release of hazardous waste within 7 days followed by written notice within 14 days;

       Notification of the Regional Administrator of the completion of required repairs or clean-up; and

 Monitoring data and leak detection data.

      (ii)	Respondent activities

      Respondents must perform the following activities:

       Obtain the certification of an independent, qualified, registered professional engineer that the design of the containment building meets applicable regulatory standards;

 Place the certification in the operating record;

 Maintain records of any release of hazardous waste from a containment building;

       Notify the Regional Administrator of any condition contributing to or actual releases of hazardous waste within 7 days, and provide follow-up written notice within 14 days of a release;

 Notify the Regional Administrator of the completion of required repairs or clean-up; and

       Record monitoring data and leak detection data and place that data in the operating record at least every 7 days.

      (b)	Documentation of Areas Lacking Secondary Containment

      Section 265.1101(d) requires generators using containment buildings to place a description of the facility's procedures to maintain the integrity of areas lacking secondary containment in their operating log.  This requirement only applies to containment buildings that contain areas both with and without secondary containment.

      (i)	Data item

 Description of procedures to maintain integrity of areas lacking secondary containment.

      (ii)	Respondent activities

      Respondents must perform the following activity:

       Place description of the facility's procedures to maintain the integrity of areas lacking secondary containment in the operating log.

      (c)	Documentation of Procedures and Compliance

      Section 262.17(a)(4) provides that generators using containment buildings must develop written procedures to ensure that waste stored for 90 days or less.  These generators must also describe their waste generation and management practices and document that procedures ensuring limited storage are satisfied.  Finally, these generators must document that their containment building is emptied at least once every 90 days.

      (i)	Data items

       A written description of the procedures to ensure that waste is stored no more than 90 days;

       A written description of the waste generation and management practices showing they are consistent with such 90-day storage;

 Documentation that procedures restricting the time of storage are satisfied; and

 Documentation that the unit is emptied at least once every 90 days.

      (ii)	Respondent activities

      Respondents must perform the following activities:

       Prepare a written description of the procedures to ensure that waste is stored no more than 90 days;

       Prepare a written description of the waste generation and management practices showing they are consistent with such 90-day storage;
 Prepare documentation that 90-day storage procedures are satisfied; and
 Prepare documentation that the unit is emptied at least once every 90 days.

(7)	Requests for Extensions of the Accumulation Period

      In the case of an unforeseen, temporary, or an uncontrollable circumstance, section 262.17(b) allows large quantity generators to apply for up to a 30-day extension of the 90-day accumulation period limit.  At the discretion of the Regional Administrator, these extensions will be granted on a case-by-case basis.

      (i)	Data items

      The data items required in making this request are:

       The unforeseen, temporary, or uncontrollable circumstances causing the need for an extension, and

 The length of desired extension (up to a limit of 30 days).

      (ii)	Respondent activities

      In order to submit this request, the respondent must undertake the following tasks:

 Prepare and submit the request to the Regional Administrator.

(8)	Special Requirements for Ignitable and Reactive Wastes

      (i) Data items:

      RCRA regulations require that LQGs must locate containers holding ignitable or reactive waste at least 15 meters (50 ft.) from the facility's property line. In urban environments, LQGs may experience difficulty meeting this requirement due to the relatively small footprint of many properties in these areas. To provide flexibility to LQGs, EPA allows LQGs to apply for a facility-specific waiver from their local authority having jurisdiction (AHJ) over the fire code, if they are unable to meet the hazardous waste accumulation property line requirement.

      (ii) Respondent activities:

      Facilities seeking an exemption will be required to submit a waiver to their local AGJ and maintain a copy of the written approval in their records.

      LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

      Large quantity generator air emission standards comprise two new categories of informational requirements:  air emission standards for process vents and air emission standards for equipment leaks.

(1)	Air Emissions from Process Vents

      (a)	Control Device Operation Documentation

      40 CFR 265.1033(i) requires owner/operators to prepare documentation describing the operation of control devices different from those specified in section 265.1033(f), (g), and (h) and identifying process parameters that indicate proper operation and maintenance of those control devices.

      (i)	Data items

       Description of the control device operation; and
       Information on the process parameter or parameters that will be used to indicate proper operation and maintenance of the control device.

      (ii)	Respondent activities

      To comply with section 265.1033(i), respondents must perform the following activities:

 Gather information on control device operation and process parameters;
 Document control device operation and process parameter information;
 Maintain documentation at the unit (required under §265.1035(e));
 Reassess control device documentation; and
 Modify control device documentation, if necessary.

      (b)	Waste Determination

      40 CFR 265.1034(d)(2) requires owner/operators to document waste determinations that are based on knowledge of the waste rather than testing.

      (i)	Data item

      Data items required for documenting waste determinations are not specified, but may include the following:

 Production process information documenting that no organic compounds are used;

       Waste generation information documenting that the waste is generated by a process identical to a process at the same or another unit that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw; and

       Prior specification analysis results on the same waste stream where it can be documented that no process changes have occurred since the specification analysis was conducted that could affect the waste total organic concentration.

      (ii)	Respondent activities

      To comply with section 265.1034(d)(2), respondents must perform the following activities:

 Gather information on production processes, waste generation, and specification analysis
 Document information on production processes, waste generation, and specification analysis; and
 Maintain documentation at the unit.

      (c)	Unit Operating Record

      (1)	Implementation Schedule

      (i)	Data item

      Under 40 CFR 265.1035(b) owner/operators are required to record the following information in the unit operating record:

       For facilities that comply with the provisions of section 265.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation.  The schedule must also include a rationale of why the installation cannot be completed at an earlier date.

      (ii)	Respondent Activities

 Prepare the data item;
 Reassess;
 File and Maintain; and
 Modify.

      (2)	Up-to-date Documentation of Compliance

      (i)	Data item

       Up-to-date documentation of compliance with the process vent standards in section 265.1032, including:

            --	Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall unit, and the approximate location within the unit of each affected unit.

            --	Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests.

      (ii)	Respondent Activities

 Prepare the data item;

 Reassess;
 File and Maintain; and
 Modify.

      (3) 	Performance Test Plan

      (i)	Data item

       Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan that includes the following information:

            --	A description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur.  This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating ranges of key process and control device parameters during the test program.

            --A detailed engineering description of the closed-vent system and control device, including:

                  -	Manufacturer's name and model number of control device;

                  -	Type of control device;

                  -	Dimensions of the control device;

                  -	Capacity;

                  -	Construction materials.

            --A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

      (ii)	Respondent Activities

 Prepare the data item;
 Reassess;
 File and maintain; and
 Modify.

      (4)	Documentation of Compliance

      (i)	Data item

 Documentation of compliance with section 265.1033 including the following information:

            --A list of all information references and sources used in preparing the documentation;

            --If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415:  Control of Gaseous Emissions" or other engineering texts acceptable to the Regional Administrator that present basic control device design information.  Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;

            --A statement signed and dated by the owner/operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur; and

            --A statement signed and dated by the owner/operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of section 265.1032(a) is achieved at an efficiency less than 95 percent or the total organic emission limits of section 265.1032(a) for affected process vents at the unit can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.  A statement provided by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.

      (ii)	Respondent Activities

 Prepare the data item;
 Reassess;
 File and Maintain; and
 Modify.

      (5)	Design, Monitoring and Inspections Information

      (i)	Data item

 Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions including:

            --Description and date of each modification that is made to the closed-vent system or control device design;

            --Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with sections 265.1033(f)(1) and (f)(2);

            --Monitoring, operating and inspection information required by paragraphs (f) through (k) of section 265.1033;

            --Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis;

            --Explanation for each period recorded under paragraph (4) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;

            --For a carbon adsorption system operated subject to requirements specified in sections 265.1033(g) or 265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;
            --For a carbon adsorption system operated subject to requirements specified in section 265.1033(h)(1), a log recording the following information:

                  -Date and time when control device is monitored for carbon breakthrough and the monitoring device reading;

                  -Date existing carbon in control device is replaced with fresh carbon; and

                  -Date of each control device start-up and shutdown.

      (ii)	Respondent Activities

 Prepare the data item;
 Reassess;
 File and Maintain; and
 Modify.

      (6)	Determination of Applicability to Subpart AA

      (i)	Data item

       Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in section 265.1032 including supporting documentation as required by section 265.1034(d)(2) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produces is used.

      (ii)	Respondent Activities

 Prepare the data item;
 Reassess;
 File and Maintain; and
 Modify

(2)	Air Emissions from Equipment Leaks

      (a)	Notification to implement the alternate valve standard specified in section 265.1061(a)

      (i)	Data items

       40 CFR 265.1061(b)(1) requires owners or operators that have decided to implement the alternative standard for valves specified in section 265.1061(a) to notify the Regional Administrator.  No specific data items are to be included in this notification.

      (ii)	Respondent activities

      To comply with section 265.1061(b)(1), respondents must perform the following activities:

 Prepare notification; and
 Submit notification to the Regional Administrator.

      (b)	Notification to discontinue implementing the alternative valve standard specified in section 265.1061(a)

      (i)	Data items

       40 CFR 265.1061(d) requires owners or operators that no longer wish to implement the alternative standard for valves specified in section 265.1061(a) to notify the Regional Administrator.  No specific data items are to be included in this notification.

      (ii)	Respondent activities

      To comply with section 265.1061(d), respondents must perform the following activities:

 Prepare notification; and
 Submit notification to the Regional Administrator.

      (c)	Notification to implement the alternative valve standard specified in sections 265.1062(b)(2) or 265.1062(b)(3).

      (i)	Data items

       40 CFR 265.1062(a)(2) requires owners or operators that have decided to implement the alternative standard for valves specified in sections 265.1062(b)(2), or 265.1062(b)(3) to notify the Regional Administrator.  No specific data items are to be included in this notification.

      (ii)	Respondent activities

      To comply with section 265.1062(a)(2), respondents must perform the following activities:

 Prepare notification; and
 Submit notification to the Regional Administrator.

      (d)	Non-Hazardous waste documentation

      (i)	Data items

      40 CFR 265.1063(d)(3), requires owners or operators that determining that each piece of equipment does or does not contain hazardous waste with organic concentration that equals or exceeds 10 percent waste to document the determination if it was based on knowledge rather than testing.  Data items required for documenting waste determinations are not specified, but may include the following:

 Production process information documenting that no organic compounds are used;

       Waste generation information documenting that the waste is generated by a process identical to a process at the same or another unit that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw; and

       Prior specification analysis results on the same waste stream where it can be documented that no process changes have occurred since the specification analysis was conducted that could affect the waste total organic concentration.

      (ii)	Respondent activities

      To comply with section 265.1063(d)(3), respondents must perform the following activities:

 Gather information on production processes, waste generation, and specification analysis;

       Document information on production processes, waste generation, and specification analysis;

 Maintain documentation at the unit.

      (e)	Unit operating record

      (1)	Equipment Record

      (i)	Data item

      Under 40 CFR 265.1064(b) owner/operators are required to record the following information in the unit operating record:

 For each piece of equipment to which subpart BB applies:

            --Equipment identification number and hazardous waste management unit identification;

            --Approximate locations within the unit;

            --Type of equipment;

            --Percent-by-weight total organics in the hazardous waste stream at the equipment;

            --Hazardous waste state at the equipment; and

            --Method of compliance with the standard.

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (2)	Implementation Schedule

      (i)	Data item

       For facilities that comply with the provisions of section 265.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation.  The schedule must also include a rationale of why the installation cannot be completed at an earlier date.

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (3)	Performance Test Plan

      (i)	Data item

       Where an owner/operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in section 265.1035(b)(3);

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (4)	Documentation of Compliance

      (i)	Data item

       Documentation of compliance with section 265.1060, including detailed design documentation or performance test results specified in section 265.1035(b)(4);

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (5)	Leak Inspection Log

      (i)	Data item

       When each leak is detected as specified in sections 265.1052, 265.1053, 265.1057, and 265.1058, an inspection log that includes the following information:

            --Instrument and operator identification numbers and the equipment identification number;

            --The date evidence of a potential leak was found in accordance with §265.1058(a);

            --The date the leak was detected and the dates of each attempt to repair the leak;

            --Repair methods applied in each attempt to repair the leak;

            --"Above 10,000" if the maximum instrument reading measured by the methods specified in section 265.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;

            --"Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;

            --Documentation supporting the delay of repair of a valve in compliance with section 265.1059(c);

            --The signature of the owner or operator (or designate) whose decision it was that repair could not be affected without a hazardous waste management unit shutdown;

            --The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and

            --The date of successful repair of the leak.

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (6)	Design, Monitoring, Operation, and Inspection Information

      (i)	Data item

       Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with section 265.1060 including:

            --Description and date of each modification that is made to the closed-vent system or control device design;

            --Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with section   265.1033(f)(1) and (f)(2);

            --Monitoring, operating and inspection information required by paragraphs (f) through (j) of section 265.1033;

            --Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis;

            --Explanation for each period recorded under paragraph (3) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;

            --For a carbon adsorption system operated subject to requirements specified in sections 265.1033(g) or 265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;

            --For a carbon adsorption system operated subject to requirements specified in section 265.1033(h)(1), a log recording the following information:

                  -	Date and time when control device is monitored for carbon breakthrough and the monitoring device reading; and

                  -	Date when existing carbon in the control device is replaced with fresh carbon;

            --Date of each control device startup and shutdown;

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (7)	Equipment Log

      (i)	Data item

       A log recording the following information for all equipment subject to sections 265.1052 through 265.1060:

            --A list of identification numbers (except welded fittings) for equipment subject to the standards of subpart BB;

            --A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under sections 265.1052(e), 265.1053(i), and 265.1057(f);

            --Signed designation of this equipment as subject to the requirements of sections 265.1052(e), 265.1053(i), and 265.1057(f) by the owner or operator;

            --A list of equipment identification numbers for pressure relief devices required to comply with section 265.1054(a);

            --The dates of each compliance test required in sections 265.1052(e), 265.1053(i), 265.1054, and 265.1057(f);

            --The background level measured during each compliance test;

            --The maximum instrument reading measured at the equipment during each compliance test; and

            --A list of identification numbers for equipment in vacuum service.

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (8)	Valve log

      (i)	Data item

       A log for all valves subject to section 265.1057(g) and (h) that includes the following information:

            --A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and

            --A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.

      (ii)	Respondent activities

      Respondents must:

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (9)	In-compliance Valve Log

      (i)	Data item

 For valves complying with section 265.1062, a log containing the following information:

            --A schedule for monitoring; and

            --The percent of valves found leaking during each monitoring period;

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (10)	Criteria Log

      (i)	Data item

 A criteria log containing the following information:

            --Criteria required in section 265.1052(d)(5)(ii) and section 265.1053(e)(2) and an explanation of the design criteria; and

            --Any changes to these criteria and the reasons for these changes.

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

      (11)	Exemption Log

      (i)	Data item

 An exemption log containing the following information:

            --An analysis determining the design capacity of the hazardous waste management unit;

            --A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in sections 265.1052 through 265.1060 and an analysis determining whether these hazardous wastes are heavy liquids; and

            --An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in sections 265.1052 through 265.1060.  The record shall include supporting documentation as required by section 265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used.

      (ii)	Respondent activities

 Prepare the data item;
 Reassess the data item;
 File and maintain the data item in the unit operating record; and
 Modify the data item, if necessary.

	SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

(1)	Labeling

      40 CFR 262.16(b)(6) requires that SQGs label each container, tank, or containment building accumulating hazardous waste with the words "Hazardous Waste," an indication of the hazards of the contents, and the date upon which each period of accumulation begins. Section 262.15(a)(5) requires SQGs accumulating either hazardous waste or acutely hazardous waste at or near the point of generation to mark these containers in "satellite accumulation areas" with the words "Hazardous Waste" and an indication of the hazards of the contents of the container.  Section 262.15(a)(6) further requires that, if the SQG accumulates hazardous waste or acutely hazardous waste in a satellite accumulation area in excess of specified amounts, the SQG must, within three days, move that excess waste to a central accumulation area (CAA), formerly known as an180-day accumulation area.  During that three-day period, the container holding the excess waste must be marked with the date the limit was exceeded.

      (i)	Data items

 Labels with the words "Hazardous Waste"
 An indication of the hazards of a container's contents (e.g., the applicable hazardous waste characteristics); and either
 The date that the allowable accumulation amount was exceeded for containers in satellite accumulation areas; or
 The date upon which accumulation began for containers in CAAs

      In addition, SQGs must place the following information in a conspicuous location on or near containment buildings:

 The words "Hazardous Waste"
 An indication of the hazards of the waste; and
 The date that accumulation began

      (ii)	Respondent activities

      In complying with sections 262.15(a)(5) and 262.16(b)(6) SQGs will be required to label containers and tanks with the following information: (1) the words "Hazardous Waste;" and (2) an indication of the hazards of a container's contents; and (3) either the date upon which each period of accumulation begins, clearly visible for inspection, on each container in CAAs, or the date that the allowable accumulation amount was exceed for containers in satellite accumulation areas. SQGs that accumulate hazardous waste in containment buildings must also marks these areas with (1) the words "Hazardous Waste" and (2) an indication of the associated hazards.

(2)	 Emergency Response Preparedness

      (i) Data items:

      SQGs must attempt to coordinate with local response agencies, and maintain records documenting these arrangements with local emergency responders, or if no arrangement exists, that attempts were made to set up this arrangement.

      (ii) Respondent activities:

      SQGs have to document active arrangements with local emergency management authorities, or if no arrangement exists, that attempts were made to set up this arrangement.

      Section 262.16(b)(8 - 9) requires that, in the event of a fire, SQGs must call the fire department or attempt to extinguish it using a fire extinguisher.  These same sections require SQGs to immediately notify the National Response Center in the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water.  These same sections also require SQGs to document if State or local authorities decline to enter into arrangements to become familiar with the site and require SQGs to post emergency information near the phone.

      (i)	Data items

      The data items required in making this report are:

       Documentation of attempts to coordinate with emergency responders including instances where local officials decline to enter into arrangements for coordinating response.
 The name, address, and US EPA identification number of the generator;
 Date, time, and type of incident;
 Quantity and type of hazardous waste involved in the incident;
 Extent of injuries, if any; and
 Estimated quantity and disposition of recovered materials, if any.

      Other data items include:

 Notification to fire department.
 Emergency information by the phone.

      (ii)	Respondent activities

      In order to submit data items, the respondent must undertake the following tasks:

       Observe the scene of hazardous waste discharge and gather information regarding the incident;

       Report by phone the requested data items to the fire department and/or National Response Center;

       Document that local officials decline to enter into arrangements for coordinating response; and

 Post emergency information by the phone.

(3)	Requests for Extensions of the Accumulation Period

      Section 262.16(d) allows SQGs to apply for up to a 30-day extension of the 180- or 270-day accumulation period limit.  At the discretion of the Regional Administrator, these extensions will be granted in a case-by-case basis.

      (i)	Data items

      The data items required in making this request are:

       The unforeseen, temporary, or uncontrollable circumstances causing the need for an extension, and

 The length of desired extension (up to a limit of 30 days).

      (ii)	Respondent activities

      In order to submit this request, the respondent must undertake the following task:

 Prepare and submit the request to the Regional Administrator.

(4)	Drip Pad and Containment Building Requirements for SQGs

(i) Data items:

	SQGs that use drip pads or containment buildings must remove waste at least once every 90 days and comply with the 180-day accumulation area requirements (or 270-day limit if transporting or offering waste for transportation over a distance of 200 miles or more), and all other applicable requirements of section 262.16. Otherwise, SQGs that accumulate hazardous waste on drip pads must comply with all requirements of part 265 subpart W including contingency plan, assessment, upgrading, repair, and release-related information collection requirements.
	SQGs that accumulate hazardous waste in containment buildings must, (1) comply with the LQG 90-day accumulation limit (as opposed to the SQG 180-day accumulation limit); (2) place a label in a conspicuous place with the words "hazardous waste," and an indication of the hazard; (3) maintain the professional engineer certification that the building complies with section 265.1101; (4) keep a written description of the procedure and description of facility activities to ensure that each waste volume remains in the unit for no more than 90 days, or documentation that the unit is empties at least once every 90 days; and (5) maintain inventory logs or records with the above information on site and readily available for inspection.

(ii) Respondent activities:

	SQGs that accumulate hazardous waste on drip pads must remove the waste at least once every 90 days and comply with the requirements in section 262.16(b) as well as the design, assessment, and contingency plan requirements in part 265 Subpart W. SQGs that accumulate hazardous waste in containment buildings must remove it at least once every 90 days and comply with the 180-day accumulation time limit, comply with the labeling requirements, and maintain certifications, records and inventory on site and readily available for inspection.

	TRANSFER FACILITY REQUIREMENTS

(1) 	Labeling

      (i) Data items:

      Transporters that store manifested shipments of hazardous waste in containers at a transfer facility for a period of ten days or less are not subject to the regulation under parts 264, 265, 267, 268, and 270.  However, transporters using a transfer facility when consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, must label all containers with (1) the words "Hazardous Waste" (2) the applicable EPA hazardous waste codes and (3) the hazards of the contents of the containers.
      While this provision requires transporters to label bulk/mixed wastes, the labeling/marking requirements will assure that all hazardous wastes that transporters receive from SQGs and LQGs meet these labeling requirements.  Thus, transporters will only incur additional costs under this provision for consolidating waste received from generators.  Furthermore, EPA estimates that the vast majority of hazardous waste containers held at transfer facilities for ten days or less are simply held temporarily and then shipped out.

      (ii) Respondent activities:

      Transporters are required to label bulk/mixed wastes received from generators that are consolidated at transfer facilities with the following information: (1) the words "Hazardous Waste" (2) the applicable EPA hazardous waste codes, and (3) the hazards of the contents of the containers.

	RECORDKEEPING AND REPORTING REQUIREMENTS

(1)	Types of Records and Recordkeeping Duration

      40 CFR part 262 subpart D requires LQGs to keep records that may be reviewed by EPA during inspections, and to report additional information as required by the Administrator.  Section 262.40 requires generators to keep a copy of items, such as signed manifests, BR, and records of test results, for at least three years.  Section 262.43 requires LQGs to furnish additional reports regarding the volume and nature of their hazardous wastes as deemed necessary. SQGs are subject to the same recordkeeping and reporting requirements as LQGs except for the Biennial Report.

      (i)	Data items

      LQGs and SQGs are required to maintain a copy of the signed manifests, test results used to determine generator category, and exception reports, for a period of at least three years. The Administrator may require additional reporting, as deemed necessary, concerning the quantities and disposition of wastes identified or listed in 40 CFR part 261.

      (ii)	Respondent activities

      In order to submit the recordkeeping and reporting data items, generators must undertake the following tasks:

 Maintain copies of signed manifests, BR (if an LQG), and exception reports for at least three years,
 Maintain the test results, waste analyses, or other determinations for at least three years; and
 Gather and provide any additional information requested by the Administrator.

(2)	Closure

      (i) Data items:

      LQGs are required to notify EPA or an authorized state agency at least 30 days prior to closure of the facility and subsequently within 90 days after closure that they have either clean closed their generator storage areas, or if they cannot clean close, that they have closed as a landfill. LQGs must comply with general closure provisions (§265.111 and §265.114), which require removing and decontaminating all contaminated equipment, structures, and soil to minimize the need for further maintenance and prevent post-closure release of hazardous waste or constituents into the environment. LQGs storing or treating waste in tanks, drip pads, and containment buildings are also subject to closure requirements specific to these types of units.

      (ii) Respondent activities:

	Facilities must submit to EPA or an authorized state agency notification at least 30 days prior to closure and subsequent documentation within 90 days after closure that they have either clean closed their generator storage areas, or if they cannot clean close, that they have closed as a landfill. LQGs must also document in their operating record if they close any waste accumulation units prior to the facility closure. If an LQG needs an extension to the 90-day closure period, they must submit a request with the EPA administrator within 75 days of closing.

	FLEXIBILITIES FOR VSQGs AND SQGs

(1)	Intra-organizational Transfers

(i) Data items:

	To afford greater flexibility to VSQGs, EPA is allowing VSQGs to send their hazardous waste to an LQG under the control of the same person, provided that both the VSQG(s) and LQG comply with certain conditions. The VSQG conditions found in section 262.14(a)(5)(viii) are as follows:
 A participating VSQG must label containers with the words "VSQG Hazardous Waste," and
 An indication of the hazards of a container's contents.

	According to section 262.17(f), an LQG consolidating hazardous waste from one or more VSQGs under the same organizational structure must:

::	Submit a notification to EPA or their authorized state identifying the names, addresses, and contact information for the VSQGs that will be transferring hazardous waste to the LQG;
::	Maintain records of all hazardous waste received from VSQGs that include the name, address, and contact information for each VSQG, as well as information on the quantity of each waste shipment received;
::	Mark shipments from VSQGs with the date the hazardous waste was received from the VSQG;
::	Manage all incoming VSQG hazardous waste in compliance with the regulations applicable to their LQG status;
::	Include hazardous waste received from VSQGs in the receiving LQG's BR submissions (which may result in the inclusion of additional GM forms).

(ii) Respondent activities:

VSQGs must perform the following activities:
::	Label containers with the relevant required information.

LQGs must perform the following activities:
::	Notify EPA or their authorized state of any VSQG that will be transferring waste;
::	Maintain records of all hazardous waste received from VSQGs;
::	Mark the date the hazardous waste was received from the VSQGs;
::	Complete and submit GM forms for each VSQG waste stream managed along with the BR submission.

(2)	Episodic Generation

(i) Data items:

	To provide greater flexibility to VSQGs and SQGs that generate some of their hazardous waste on an episodic basis, EPA is allowing a VSQG or an SQG to maintain its existing generator size category in the event of a planned or unplanned episodic event in which the facility generates a quantity of hazardous waste in a calendar month that will otherwise elevate the facility to a more stringent regulatory category. To take advantage of this provision, an SQG or VSQG is subject to the following conditions, described in part 262 subpart L:
::	Limit of no more than one planned and one unplanned episodic event per calendar year each lasting no more than 60 days (generators must petition for a second episodic event);
::	Notification to EPA or the authorized state at least 30 calendar days prior to initiating a planned episodic event or within 72 hours of an unplanned episodic event;
::	VSQGs must obtain a RCRA ID number;
::	Facilities must meet the following accumulation standards:
            o	VSQGs must mark containers with the date the episodic event began; label containers "Episodic Hazardous Waste;" manage hazardous waste in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste; ensure that tanks are in good condition and compatible with the hazardous waste stored within; and identify an emergency coordinator for the duration of the event;
            o	SQGs must mark the container or tank log book with the date the episodic event began; label the container or write in the tank log book "Episodic Hazardous Waste" and indicate the hazards of the contents; and comply with the applicable accumulation conditions for SQGs;
::	Hazardous waste generated from the episodic event must be managed on-site and manifested and shipped off-site to a permitted TSDF;
::	Facilities must complete and maintain records that include (1) the beginning and end dates of the event, (2) a description of the event, (3) the types and quantities of hazardous wastes generated at the event, (4) a description of how the hazardous waste was managed, and (5) name(s) of hazardous waste transporters that transported the waste to a permitted TSDF.

(ii) Respondent activities:

VSQGs must perform the following activities, according to sections 262.232(a) and 262.233:

::	Label containers with the relevant required information;
::	Complete manifests for hazardous wastes managed off-site;
::	Complete and maintain records of all hazardous wastes managed during the episodic event; and
 Complete and submit a petition for a second event if required.

SQGs must perform the following activities, according to sections 262.232(b) and 262.233:

::	Label containers with the relevant required information,
::	Complete and maintain records of all hazardous wastes managed during the episodic event; and
 Complete and submit a petition for a second event if required.

	EXPORTS AND IMPORTS OF HAZARDOUS WASTES

      The requirements in sections 262.80 - .84 apply to the transboundary movements of hazardous wastes (exporters and importers).  Section 262.83 contains the requirements for exporters. Section 262.84 contains the requirements for importers.

 CDX Registration

 Data Items:

      EPA Central Data Exchange (CDX) registration is required for all exporters and any importers submitting electronic notices.  Electronic notice submittal is required for all exporters. Electronic notice submittal is highly encouraged for all importers needing to submit an import notice, and currently all U.S. importers needing to submit such notices are using the electronic notice submittal method. Each entity required to submit documents electronically will need to register to use the system. To the extent that the Cross Media Electronic Reporting Rule (CROMERR) applies, each submittal will require that the exporter or importer provide an electronic signature.

      Under the rule, EPA estimates that any staff involved in the reporting of export/import notices, annual reports, or other required documents would have to register using the electronic receiving system. If identity proofing fails, registrants are routed to an "electronic signature agreement" form that is completed on the computer, printed out, signed, and then mailed to EPA. In addition, EPA estimates that 10 percent of users will have to update their information each year. EPA also estimates that 10 percent of users will have to register as new users due to employee turnover and 1 percent of users will have to re-register due to compromised signatures each year.

 Respondent Activities:

 	All users will need to register using EPA's electronic receiving system and update their information when necessary. EPA estimates that importers will have an average of 4.8 users and exporters will have an average of 5.1 users. If identity proofing fails, the user will need to print and complete a document, sign it, and mail it to EPA.

(2)	Notification of Intent to Export

      Section 262.83(b) requires the exporters of hazardous wastes to submit a signed notification of intent to export.

      (i)	Data items

      The data items required by this notification include:

       The name, address, telephone number, fax number, email address, and EPA ID number of the exporter;
       The name, address, telephone number, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81 for the final foreign receiving facility, and for the interim foreign receiving facility if there is one;
       The name (if not the owner or operator of the initial foreign receiving facility), address, telephone, fax numbers, and email address of the foreign importer; and
 Intended transporter(s) and/or their agent(s); address, telephone, fax, and email address;
 "U.S." as the country of export name, "USA01" as the relevant competent authority code, and the intended U.S. port(s) of exit;
 The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and the ports of entry and exit for each country of transit;
 The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of entry for the country of import;
 Statement of whether the notification covers a single shipment or multiple shipments;
 Start and End Dates requested for the export shipments reflecting either the standard 12-month consent period or up to a 3-year consent period for shipments to foreign facilities in an OECD member country that are preapproved by the country to receive shipments for recovery from another OECD member country;
 Expected number or frequency of shipments;