SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 0262.11 RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A ( RENEWAL)

July 2005 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION.................................... 1 1( a) TITLE AND NUMBER OF THE INFORMATION COLLECTION.................. 1 1( b) CHARACTERIZATION OF THE INFORMATION COLLECTION .................. 1 2. NEED FOR AND USE OF THE COLLECTION........................................................... 2 2( a) NEED AND AUTHORITY FOR THE COLLECTION...................................... 2 2( b) USE AND USERS OF THE DATA................................................................... 2 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3 3( a) NONDUPLICATION......................................................................................... 3 3( b) PUBLIC NOTICE .............................................................................................. 4 3( c) CONSULTATIONS ........................................................................................... 4 3( d) EFFECTS OF LESS FREQUENT COLLECTION............................................. 4 3( e) GENERAL GUIDELINES ................................................................................. 4 3( f) CONFIDENTIALITY......................................................................................... 4 3( g) SENSITIVE QUESTIONS................................................................................. 5 4. RESPONDENTS AND THE INFORMATION REQUESTED ...................................... 5 4( a) RESPONDENTS AND NAICS CODES............................................................. 5 4( b) INFORMATION REQUESTED......................................................................... 6 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT .................................... 10 5( a) AGENCY ACTIVITIES................................................................................... 10 5( b) COLLECTION METHODOLOGY AND MANAGEMENT ............................ 11 5( c) SMALL ENTITY FLEXIBILITY..................................................................... 11 5( d) COLLECTION SCHEDULE............................................................................ 11 6. ESTIMATING THE BURDEN AND COST OF COLLECTION ................................ 12 6( a) ESTIMATING RESPONDENT BURDEN....................................................... 12 6( b) ESTIMATING RESPONDENT COSTS............................................................ 13 6( c) ESTIMATING AGENCY BURDEN AND COST............................................ 13 6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS................................................................................................... 16 6( e) BOTTOM LINE BURDEN HOURS AND COSTS ......................................... 18 6( f) REASONS FOR CHANGE IN BURDEN......................................................... 18 6( g) BURDEN STATEMENT ................................................................................. 18 EXHIBITS ESTIMATED RESPONDENT BURDEN AND COST ( EXHIBIT 1) .................................... 14 ESTIMATED AGENCY BURDEN AND COST ( EXHIBIT 2) .............................................. 15 TOTAL ESTIMATED RESPONDENT BURDEN AND COST SUMMARY ( EXHIBIT 3) .. 17 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) TITLE AND NUMBER OF THE INFORMATION COLLECTION This ICR is entitled RCRA Hazardous Waste Permit Application and Modification, Part A, ( Renewal), ICR number 262.11.

1( b) SHORT CHARACTERIZATION The Resource Conservation and Recovery Act ( RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments ( HSWA) of 1984, requires EPA to establish a national regulatory program to insure that hazardous wastes are managed in a manner protective of human health and the environment. Specifically, the statute requires EPA to promulgate regulations that establish performance standards and permitting requirements applicable to hazardous waste treatment, storage, and disposal facilities ( TSDFs). Section 3004 of Subtitle C establishes performance standards applicable to these facilities. Section 3005 requires EPA to promulgate regulations requiring these facilities to obtain a permit. In the event permit modifications are proposed by an applicant or EPA, modifications must conform to the requirements under Sections 3004 and 3005. The regulations implementing these requirements are codified at 40 CFR Part 270.

This ICR provides a comprehensive discussion of the requirements for owner/ operators of TSDFs submitting Part A Permit Applications or Part A Permit Modifications. Four types of facilities are subject to the requirements covered in this ICR: new facilities not yet constructed; newly regulated existing facilities subject to RCRA permitting requirements for the first time; permitted facilities with newly regulated units; and interim status facilities. The information collections contained in this ICR are divided into two sections: Contents of the Part A Permit Application; and Revised Part A Permit Applications, Associated Justifications and Compliance Demonstrations.

Part A Permit Application 40 CFR Part 270 contains requirements for submitting and modifying a Part A Permit Application. The Part A Permit Application contains the general information required in § 270.13. That information includes names and addresses of the owner and operator of the facility and the activities conducted at the facility that requires a RCRA permit. The applicant must also provide information on the location of the facility, including a map, and what hazardous wastes are being managed and the processes involved in the waste management. Section 270.11 specifies the signature requirements for Part A Permit Applications and reports.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations 2 Section 270.72 identifies the types of changes requiring interim status facilities or owners/ operators of permitted facilities with newly regulated units to submit a revised Part A Permit Application, associated justifications, and compliance demonstrations. The changes that require a revised Part A include managing wastes not listed on the original Part A, increasing the design capacity of the facility, and changing the processes or adding new units for treating, storing, or disposing of the waste. In all cases, the owner must include justification for the change, and the Director must approve the changes. If the owner or operator changes, which also requires a revised Part A, both the old and new owner or operator must demonstrate that the financial responsibility requirements of 40 CFR part 265, subpart H will continue uninterrupted during the change.

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

Part A Permit Application EPA promulgated regulations in § 270.1 requiring owners or operators of TSDFs to submit a Part A Permit Application. EPA needs information contained in the Part A Permit Application to identify the person( s) legally responsible for hazardous waste activity, to determine which facilities require permits under more than one program, to assess potential for the facility to pollute nearby ground and surface waters, to identify the time frame available for EPA to process permit applications, and to define the specific wastes a facility is legally allowed to handle for different purposes.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations EPA promulgated regulations in § 270.72 outlining changes that require owners or operators to submit revised Part A Permit Applications. Section 270.72( a)( 1)( 3) require owner/ operators to submit both a revised Part A Permit Application and a written justification for changes in the design capacity of processes used at the facility, and/ or changes or additions in a facility's hazardous waste treatment, storage, or disposal processes. Under § 270.72( a)( 4), if an owner or operator changes ownership, or operational control of a facility, the new owner or operator is required to submit a revised Part A Permit Application, and a Subpart H compliance demonstration. EPA needs revised permit applications, justifications, and compliance demonstrations to determine whether desired changes are acceptable or should be more closely reviewed as part of a full permit issuance process.

2( b) PRACTICAL UTILITY AND USERS OF THE DATA 3 Part A Permit Application EPA uses information in the Part A Permit Application to define which processes can be used and which wastes can be handled at newly regulated facilities subject to permitting requirements for the first time and permitted facilities with newly regulated units. This includes defining allowable changes in facility operations and applies to new facilities not yet constructed; newly regulated facilities subject to RCRA permitting requirements for the first time; permitted facilities with newly regulated units; and interim status facilities. EPA uses information in the Part A Permit Application to:

  Set priorities for processing permit applications;

  Respond to requests from hazardous waste generators for the names and locations of facilities where they can send their waste for storage, treatment, or disposal;

  Respond to public and Congressional inquiries regarding particular hazardous waste management facilities; and   Ensure that facilities are not operating in a manner unprotective of human health and the environment.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations EPA uses this information to determine whether desired changes are acceptable under interim status or whether the change should be more closely reviewed as part of a full permit issuance process. In addition, modifying the Part A Permit Application allows inspectors to have up to date information on major aspects of the facility, including the size of the operation, the hazardous wastes handled, and the types of processes used. Without this documentation, EPA would be unable to determine the owner or operator's compliance with the management standards of 40 CFR Parts 264 or 265 or the rules governing changes during interim status. This documentation is also useful for both EPA and the owner or operator in an enforcement action.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) NONDUPLICATION There are no other Federal agencies with a hazardous waste permit program, and information collected from a RCRA Part A Permit Application ( EPA Form 8700 23) is the minimum information necessary to fulfill the statutory requirements of RCRA Section 3005. Similarly, the information requested in § 270.72 for interim status facility changes is not available from other data sources. Any duplication of information collection requirements between a Part A Permit Application and the RCRA Section 3010 notification ( EPA Form 8700 12) is necessary for 4 proper identification of the facility and proper form management. [ The information collection requirements associated with EPA Form 8700 12 are addressed in the " Notification of Regulated Waste Activity ICR," OMB Control Number 2050 0028.] Under section 3006 of RCRA, EPA began in fiscal year 1982 to authorize States to carry out permitting activities in lieu of the Federal program. In order to obtain authorization, the States must agree to collect the same information as EPA collects. Although the States are not required to use the same form that EPA uses, the Agency strongly encourages this for national consistency. Facilities applying for a permit or change in interim status in an authorized State are required to file only with the State.

3( b) PUBLIC NOTICE EPA issued a public notice in the Federal Register on May 2, 2005 ( 70 FR 22657). The public comment period ended on July 1, 2005. No comments were received in response to the notice.

3( c) CONSULTATIONS The burden hours and cost estimates for this ICR have been well established, and were verified through the development of the Information Collection Request 2005.01, the RCRA subtitle C Site Identification Form, January 5, 2001. No additional consultations were made for this ICR.

3( d) EFFECTS OF LESS FREQUENT COLLECTION A respondent's provision of information on a Part A Permit Application is essentially a one time exercise that must occur when a facility is new or if an existing facility becomes subject to new permitting requirements. Subsequent revisions to the Part A Permit Application are necessary only if an interim status facility changes its ownership and/ or process or management of wastes. EPA strongly believes that if the minimum requirements specified under the regulations are not met, neither the facilities nor EPA can ensure that hazardous wastes are being properly managed, and do not pose a serious threat to human health and the environment.

3( e) GENERAL GUIDELINES This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's Information Collection Review Handbook, and other applicable OMB guidance. 5 3( f) CONFIDENTIALITYAll information submitted in a Part A Permit Application or revision will be subject to public disclosure, without notice to the facility, in accordance with the Freedom of Information Act, 5 U. S. C. section 552, and EPA Freedom of Information Regulations, 40 CFR Part 2. Because of the general nature of the information requested, only a few Part A Permit Applications to date have qualified for exemption to disclosure under the business confidentiality exception. Claims of confidentiality must be clearly indicated on the forms and attachments, and must be accompanied, at the time of filing, by a written substantiation of the claim in accordance with 40 CFR Part 2, Subpart B ( particularly the information described at 40 CFR section 2.204( e).) Information that is determined to be confidential is placed in a secured " confidential file" for future use. Only persons with special clearance for confidential information have access to these files.

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

4. RESPONDENTS AND THE INFORMATION REQUESTED 4( a) RESPONDENTS AND NAICS CODES The following is a list of NAICS codes associated with the facilities most likely to be affected by the Part A Permit Application and permit modifications under this ICR:

NAICS Code 221121 Electric Bulk Power Transmission and Control 221122 Electric Power Distribution 22132 Sewage Treatment Facilities 311942 Spice and Extract Manufacturing 323114 Quick Printing 32411 Petroleum Refineries 325131 Inorganic Dye and Pigment Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 325211 Plastics Material and Resin Manufacturing 32551 Paint and Coating Manufacturing 325998 All Other Miscellaneous Chemical Product Manufacturing 331311 Alumina Refining 33271 Machine Shops 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 333319 Other Commercial and Service Industry Machinery Manufacturing 6 333999 All Other General Purpose Machinery Manufacturing 33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing 334418 Printed Circuit/ Electronics Assembly Manufacturing 334419 Other Electronic Component Manufacturing 336211 Motor Vehicle Body Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension Components ( except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing 336399 All Other Motor Vehicle Part Manufacturing 44111 New Car Dealers 44711 Gasoline Stations with Convenience Store 44719 Other Gasoline Stations 454312 Liquefied Petroleum Gas ( Bottled Gas) Dealers 48411 General Freight Trucking, Local 48421 Used Household and Office Goods Moving 48422 Specialized Freight ( except Used Goods) Trucking, Local 562112 Hazardous Waste Collection 562211 Hazardous Waste Treatment and Disposal 562219 Other Nonhazardous Waste Treatment and Disposal 56292 Materials Recovery Facilities 811111 General Automotive Repair 4( b) INFORMATION REQUESTED Part A Permit Application Contents of the Part A Permit Application ( i) Data Items 40 CFR 270.1 requires owners or operators of newly regulated facilities subject to permitting requirements for the first time and permitted facilities with newly regulated units to prepare and submit a Part A Permit Application. Data items required in EPA Form 8700 23 are outlined in § 270.13 and include the following:

  A list of the activities conducted by the applicant that require the owner or operator to obtain a RCRA permit; 7   Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted;

  Up to four NAICS codes that best reflect the principal products or services provided by the facility;

  Operator's name, address, telephone number, ownership status, and status as Federal, State, private, public or other entity;

  Name, address, and phone number of the owner of the facility;

  Whether the facility is located on Indian lands;

  An indication of whether the facility is new or existing and whether it is a first or revised application;

  For existing facilities, the following information:

 A scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas and  Photographs of the facility clearly delineating all existing structures; existing treatment, storage and disposal areas; and sites of future treatment, storage, and disposal areas;

  A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items;

  A specification of the hazardous wastes listed or designated under 40 CFR Part 261 to be treated, stored, or disposed of at the facility; an estimate of the quantity of such wastes to be treated, stored, or disposed annually; and a general description of the processes to be used for such wastes;

  A listing of all permits or construction approvals received or applied for under any of the following programs:

 Hazardous Waste Management program under RCRA  Underground Injection Control ( UIC) Program under the Safe Drinking Water Act ( SDWA)  National Pollutant Discharge Elimination System ( NPDES) program under the Clean Water Act ( CWA) 8  Prevention of Significant Deterioration ( PSD) program under the Clean Air Act ( CAA)  Nonattainment program under the CAA  National Emission Standards for Hazardous Air Pollutants ( NESHAPS) preconstruction approval under the CAA  Ocean dumping permits under the Marine Protection Research and Sanctuaries Act  Dredge or fill permits under section 404 of the CWA  Other relevant environmental permits, including State permits.

  A topographic map ( or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the following aspects of the facility:

 Each of its intake and discharge structures;  Each of its hazardous waste treatment, storage, or disposal facilities;  Each well where fluids from the facility are injected underground; and  Wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/ 4 mile of the facility property boundary.

  A brief description of the nature of the business.

  For hazardous debris, a description of the debris category( ies) and containment category( ies) to be treated, stored, or disposed of at the facility.

( ii) Respondent Activities To comply with § 270.1, owners or operators must perform the following activities:

  Read the regulations and instructions; and   Prepare the Part A Permit Application and reports.

Signatories to Permit Applications and Permit Application Reports ( i) Data Items   § 270.11( a) specifies signatures required on Part A Permit Applications. Data items required include: 9  For a corporation, the signature of a responsible corporate officer as defined in § 270.11( a)( 1);  For a partnership or sole proprietorship, the signature of a general partner or proprietor as defined in § 270.11( a)( 2); and  For a municipality, State, Federal, or other public agency, the signature of either a principal executive officer or ranking elected official as defined in § 270.11( a)( 3).

  § 270.11( b) requires signatures for reports required by permits and other information requested by the Director. Data items required for these reports include:

 For a corporation, the signature of a responsible corporate officer as defined in § 270.11( a)( 1);  For a partnership or sole proprietorship, the signature of a general partner or proprietor as defined in § 270.11( a)( 2);  For a municipality, State, Federal, or other public agency, the signature of either a principal executive officer or ranking elected official as defined in § 270.11( a)( 3); or  Signature of a duly authorized representative of one of the persons listed above as defined in § 270.11( b).

  § 270.11( c) requires an owner or operator to submit to the Director, a new authorization satisfying the requirements of § 270.11( b) if an authorization under § 270.11( b) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility. Data items for this requirement are the same as those under § 270.11( b).

  § 270.11( d) requires any person signing a document under § 270.11( a) or ( b) to make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to be the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including possibility of fine and imprisonment for knowing violations. 10 ( ii) Respondent Activities To comply with § 270.11, owners or operators must perform the following activities:

  Obtain signatures and certifications for the Part A Permit Application, reports, and other information requested by EPA; and   Obtain a new authorization for invalid authorizations.

Submittal of Part A Permit Application ( i) Data Items Section 270.70( b) requires owners and operators who submit a Part A Permit Application to EPA, to explain or cure an alleged deficiency in the Part A Permit Application, if EPA notifies the applicant that the application fails to meet the requirements of § 270.13.

( ii) Respondent Activities To comply with § § 270.11 and 270.70, respondents must perform the following activities:   Submit the Part A Permit Application and reports; and   Explain or cure an alleged deficiency in the Part A Permit Application, if required.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations ( i) Data Items Under § 270.72, interim status facilities must prepare and submit a revised Part A Permit Application if the Agency promulgates a rulemaking that affects the facility, or if the owner/ operator otherwise modifies the facility. Interim status facilities who modify their Part A Permit Application are required to submit a revised Part A Permit Application containing the data items listed in the data item section for EPA Form 8700 23.

( ii) Respondent Activities To comply with § 270.72, owners or operators must perform the following activities:

  Read the regulations and instructions in preparation for revising a Part A Permit Application in response to an Agency rulemaking or a facility modification;

  Prepare and submit a revised Part A Permit Application in response to an Agency 11 rulemaking or facility modification;

  Prepare and submit justifications for changes, if needed; and   Submit Subpart H compliance demonstrations, if needed.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) AGENCY ACTIVITIES Part A Permit Application Agency activities associated with Part A Permit Applications include reviewing information contained in the application, ensuring that the Part A Permit Application and associated reports are signed by the appropriate person, reviewing newly authorized signatures when a different individual or position gains responsibility for the overall operation of a facility, reviewing signature certifications, and entering information into the RCRAInfo database. EPA may also identify deficiencies in the Part A Permit Application.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations Agency activities associated with revised Part A Permit Applications, justifications, and compliance demonstrations include reviewing information contained in each of these items, and entering revised information into the RCRAInfo database.

5( b) COLLECTION METHODOLOGY AND MANAGEMENT EPA keeps records of and reviews all of the information submitted. Authorized States and EPA Regions enter information on the Part A forms into electronic data base systems. States coordinate with the EPA Regions and OSW Headquarters to supply EPA with the data reported for inclusion in a the RCRAInfo national database.

5( c) SMALL ENTITY FLEXIBILITY Interim status is statutorily conferred without regard to facility size. Therefore, EPA believes that requirements regarding Part A submissions and revisions must apply equally to large and small businesses. Although the legal requirements for Part A Permit Application information are the same for large and small businesses, the Agency believes that in practice the small entities will find it easier to provide the required information. In many instances, a small organization will be able to complete or revise the Part A Permit Application in less time than larger organizations 12 because they use fewer processes for the management of hazardous wastes and they manage fewer types of wastes. As a rule of thumb, the complexity of preparing a Part A Permit Application depends upon the complexity of the processes of a hazardous waste facility and the wastes managed at the facility. Therefore, if a small organization operates a complex facility ( e. g., a chemical landfill that manages a very large number of waste streams), then the time to complete the Part A Permit Application will necessarily be greater. Again, EPA has taken steps to minimize the burden on all respondents by providing detailed instructions for completion of the Part A Permit Application form and by requiring short answer responses to most of the items of the application.

It also should be noted that the reporting requirements for changes are brief. Therefore, owners or operators can easily comply with these requirements. In addition, most of the revisions to Part A Permit Applications will entail merely checking boxes or filling in numbers to indicate the type of new activity or new waste to be handled at the facility. Any written justification entails a short letter from the owner or operator. EPA, therefore, estimates that the potential burden on small businesses caused by this information collection is minimal.

5( d) COLLECTION SCHEDULE Part A Permit Application Owners or operators of new hazardous waste management facilities that are not yet constructed are required to submit their Part A Permit Application, including signatures and certifications at least 180 days before physical construction is expected to commence. For existing facilities newly subject to RCRA permitting requirements due to promulgation of a new regulation or listing of hazardous waste, the new regulation typically specifies the date by which Part A Permit Applications, including signatures and certifications, must be submitted.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations The time frame in which owners or operators must submit a revised Part A Permit Application varies according to the nature of changes at the facility. For the following types of changes, the owner or operator must submit revised Part A Permit Applications and justifications prior to making the changes:

  Treating, storing, or disposing of hazardous wastes not previously identified in the Part A Permit Application;

  Increasing the design capacity of processes used at the facility; and 13   Changing or adding processes for treating, storing, or disposing of hazardous wastes.

For changes in ownership or operational control of a facility, the new owner or operator must submit a revised Part A Permit Application no later than 90 days prior to the scheduled change. Subpart H compliance demonstrations must be submitted within six months of the date of the change in ownership or operational control of the facility.

6. ESTIMATING THE BURDEN AND COST OF COLLECTION 6( a) ESTIMATING RESPONDENT BURDEN EPA's estimated respondent burden hours and costs associated with all of the requirements covered in this ICR are shown in Exhibit 1. The exhibit includes the number of hours required to conduct the information collection activity and the cost associated with each requirement. Some totals may not add up due to rounding errors. In developing burden estimates for each information collection requirement in the ICR, EPA relied on the results of consultations with members of the regulated community from previous ICRS for this activity, including consultations from the January 5, 2001 Supporting Statement for the RCRA Subtitle C Site Identification Form.

6( b) ESTIMATING RESPONDENT COSTS In Exhibit 1, EPA also estimates respondent costs associated with this ICR. In the following paragraphs, EPA describes the data and assumptions used in the exhibit.

( i) Estimating Labor Costs EPA estimates an average hourly respondent labor cost ( including overhead) of $ 116.00 for legal staff, $ 84.00 for managerial staff, $ 64.00 for technical staff, and $ 36.00 for clerical staff. To arrive at these estimates, EPA consulted the May 2004 Occupational Employment Statistics ( OES) Survey from the Bureau of Labor Statistics, Department of Labor; this survey summarizes the unloaded ( base) hourly rate for various labor categories in U. S. firms. EPA then applied an overhead factor of 2.3 for non legal staff and 3.0 for legal staff to derive their loaded hourly rates. Using the total burden hours discussed in Section 6( a) and the wage rates outlined in this section, Exhibit 1 illustrates the labor costs associated with all of the information collection requirements covered in this ICR. 14 ( ii) Estimating Capital and Operations and Maintenance ( O& M) Costs EPA estimates that facilities may incur annual capital and operations and maintenance costs associated with specific activities. There are no capital costs associated with completing and submitting the Part A Permit Application. For submittal of information or notices, EPA estimates that facilities will incur $ 4.20 in costs each year for the three year period of the ICR. This estimate is based on the mailing cost of $ 4.20 for a two pound package. There are no costs associated with the purchase of a service included in the O& M costs.

6( c) ESTIMATING AGENCY BURDEN AND COSTS EPA estimates annual Agency burden hours and costs associated with all of the requirements covered in this ICR in Exhibit 2. Based on a 2002 GS pay schedule, EPA estimates an average hourly Regional labor cost of $ 90.32 for legal staff, $ 79.70 for managerial staff, $ 57.33 for technical staff, and $ 24.46 for clerical staff. The labor costs were based on the following GS levels and steps: legal labor rates were based on GS Level 15, Step 5, managerial labor rates were based on GS Level 15, Step 1, technical labor rates were based on GS Level 13, Step 1, and clerical labor rates were based on GS Level 6, Step 1. To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work year. EPA then multiplied hourly rates by the standard government overhead factor of 1.6. As shown in Exhibit 2, EPA estimates the total annual Agency burden to be approximately 95.1 hours, at an annual cost of $ 4,971.34. Some totals may not add up due to rounding errors. 15 EXHIBIT 1 RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A ( RENEWAL)

ESTIMATED ANNUAL RESPONDENT BURDEN AND COST Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $ 116.00/

hr. Manager $ 84.00/ hr. Technical $ 64.00/ hr. Clerical $ 36.00/ hr. Respons.

Hours/

Year Labor Cost/

Year Capital/

Startup Cost O& M Cost Number of Respond. Total Hours/

Year Total Cost/

Year Part A Permit Application requirements Read the regulations and instructions 2.00 1.00 3.00 0.00 6.00 $ 508.00 $ 0.00 $ 0.00 8 48.00 $ 4,046.08 Prepare the Part A Permit Application and reports 1.33 2.75 8.00 1.40 13.50 $ 947.68 $ 0.00 $ 4.20 8 108.00 $ 7,615.04 Signatories to Permit Applications and Permit Application Reports Obtain signatures and certifications for Part A permit applications, reports, and other information requested by EPA 0.00 0.50 1.00 1.00 2.50 $ 142.00 $ 0.00 $ 0.00 8 20.00 $ 1,136.00 Obtain a new authorization for invalid authorizations 0.00 0.50 1.00 0.50 2.00 $ 124.00 $ 0.00 $ 0.00 1 2.00 $ 124.00 Submittal of Part A Permit Application Submit Part A Permit Application and reports 0.00 0.50 1.00 1.50 3.00 $ 160.00 $ 0.00 $ 4.20 8 24.00 $ 1,313.60 Explain or cure an alleged deficiency in Part A application, if required 0.00 0.50 2.00 1.00 3.50 $ 206.00 $ 0.00 $ 0.00 1 3.50 $ 206.00 Subtotal* varies varies varies varies varies varies $ 0.00 varies varies 205.50 $ 14,458.64 Revised Part A Permit Application/ Justifications/ Subpart H Compliance Demonstrations Read the regulations and instructions ( for Agency rulemaking) 0.00 1.00 2.00 0.00 3.00 $ 212.00 $ 0.00 $ 0.00 5 15.00 $ 1,060.00 Read the regulations and instructions ( for facility modification) 0.00 1.00 2.00 0.00 3.00 $ 212.00 $ 0.00 $ 0.00 10 30.00 $ 2,120.00 Prepare and submit revised Part A ( for rulemaking) 1.75 1.40 1.78 1.82 6.75 $ 500.04 $ 0.00 $ 4.20 5 33.75 $ 2,521.20 Prepare and submit revised Part A ( for facility modification) 1.75 1.40 1.78 1.82 6.75 $ 500.04 $ 0.00 $ 4.20 10 67.50 $ 5,042.40 Prepare and submit justifications for changes, if needed 1.00 1.00 2.00 1.00 5.00 $ 364.00 $ 0.00 $ 4.20 5 25.00 $ 1,841.00 Submit Subpart H compliance demonstrations, if needed 1.00 1.00 2.00 1.00 5.00 $ 364.00 $ 0.00 $ 4.20 5 25.00 $ 1,841.00 Subtotal* varies varies varies varies varies varies $ 0.00 varies varies 196.25 $ 14,425.60 TOTAL* varies varies varies varies varies varies $ 0.00 varies varies 401.75 $ 28,884.24 * Some totals may not add up due to rounding errors. 16 EXHIBIT 2 RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A ( RENEWAL) ESTIMATED ANNUAL AGENCY BURDEN AND COST Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $ 90.32/ hr. Manager $ 79.70/ hr. Technical $ 57.33/ hr. Clerical $ 24.46/ hr. Respons.

Hours/

Year Labor Cost/

Year Capital/

Startup Cost O& M Cost Number of Respond. Total Hours/

Year Total Cost/

Year Part A Permit Application Review Part A Permit Applications 0.00 0.00 3.00 0.25 3.25 $ 178.11 $ 0.00 $ 0.00 8 26.00 $ 1,424.88 Enter Part A Application information into RCRAInfo Data Base 0.00 0.00 0.00 1.00 1.00 $ 24.46 $ 0.00 $ 0.00 8 8.00 $ 195.68 Notify applicant of deficiency in Part A Application 0.00 0.00 0.50 0.10 0.60 $ 31.12 $ 0.00 $ 0.00 1 0.60 $ 31.12 Signatories to Permit Applications and Permit Application Reports Ensure that Part A Permit Application and Reports have been signed by appropriate person 0.00 0.00 0.25 0.00 0.25 $ 14.33 $ 0.00 $ 0.00 8 2.00 $ 114.64 Review newly authorized signatures 0.00 0.00 0.25 0.00 0.25 $ 14.33 $ 0.00 $ 0.00 1 0.25 $ 14.33 Review signature certifications 0.00 0.00 0.25 0.00 0.25 $ 14.33 $ 0.00 $ 0.00 8 2.00 $ 114.64 Subtotal* varies varies varies varies varies varies $ 0.00 $ 0.00 varies 38.85 $ 1895.29 Revised Part A Permit Application/ Justifications/ Subpart H Compliance Demonstrations Review revised Part A Permit Application 0.00 0.00 2.00 0.25 2.25 $ 120.78 $ 0.00 $ 0.00 15 33.75 $ 1,811.70 Enter revised Part A Permit Application information into RCRAInfo Data Base 0.00 0.00 0.00 0.50 0.50 $ 12.23 $ 0.00 $ 0.00 15 7.50 $ 183.45 Review justifications for changes 0.50 0.25 0.75 0.00 1.50 $ 108.09 $ 0.00 $ 0.00 5 7.50 $ 540.45 Review Subpart H compliance demonstrations 0.50 0.25 0.75 0.00 1.50 $ 108.09 $ 0.00 $ 0.00 5 7.50 $ 540.45 Subtotal* varies varies varies varies varies varies $ 0.00 $ 0.00 varies 56.25 $ 3,076.05 TOTAL* varies varies varies varies varies varies $ 0.00 $ 0.00 varies 95.1 $ 4,971.34 * Some totals may not add up due to rounding errors. 17 6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS Respondent Universe Part A Permit Application EPA estimates that approximately 8 facilities will be required to submit new Part A Permit Applications annually during the period covered by this ICR. This estimate was derived from averaging the number of new Part A applications received in years 2002, 2003 and 2004, from RCRAInfo data. All 8 facilities will be required to obtain signatures for the Part A Permit Application, Part A Permit Application reports, and other information requested by the Director. In addition, all 8 facilities will be required to obtain certifications from persons signing permit documentation.

EPA estimates that 10 percent of the facilities submitting Part A Permit Applications will have authorizations that are no longer accurate because a different individual or position has responsibility for the overall operation of the facility. Therefore, approximately 1 facility will be required to obtain a new authorization.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations Similarly, EPA also estimates that 15 facilities will need to revise their Part A Permit Application annually during the period covered in this ICR. This number is also derived from averaging data from 2002, 2003, and 2004. Of these, EPA expects that approximately one third ( 5 facilities) will submit a revised Part A Permit Application in response to an EPA rulemaking, and two thirds ( 10 facilities) will submit a revised Part A Permit Application for a facility modification. EPA further estimates that one third of facilities submitting revised Part A Permit Applications ( 5 facilities) will be required to submit justifications due to either changes in the design capacity of processes used at the facility and/ or changes or additions in a facility's hazardous waste treatment, storage, or disposal processes. In addition, EPA estimates that onethird of facilities submitting revised Part A Permit Applications ( 5 facilities) will be required to submit a Subpart H compliance demonstration due to changes in ownership or operational control of a facility. There were thus 23 Respondents with 34 Responses.

Total Burden and Costs Using the total burden hours estimated in the above section, Exhibit 3 illustrates the respondent costs associated with all of the information collection activities covered in this ICR. As shown in Exhibit 3, EPA estimates that the total annual respondent burden for all activities covered in this ICR is approximately 401.75 hours at an annual cost of $ 28,884.24. 18 EXHIBIT 3 RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A ( RENEWAL)

TOTAL ESTIMATED RESPONDENT BURDEN AND COST SUMMARY Total Hourly Burden Total Annual Capital Costs Total Annual O& M Costs Total Annual Labor Costs Total Annual Costs Part A Permit Application requirements Read the regulations and instructions 48 $ 0.00 $ 0.00 $ 4,064.00 $ 4,064.00 Prepare the Part A Permit Application and reports 108 $ 0.00 $ 33.60 $ 7,581.44 $ 7,615.04 Signatories to Permit Applications and Permit Application Reports Obtain signatures and certifications for Part A permit applications, reports,

and other information requested by EPA 20 $ 0.00 $ 0.00 $ 1,136.00 $ 1,136.00 Obtain a new authorization for invalid authorizations 2 $ 0.00 $ 0.00 $ 124.00 $ 124.00 Submittal of Part A Permit Application Submit Part A Permit Application and reports 24 $ 0.00 $ 33.60 $ 1,280.00 $ 1,313.60 Explain or cure an alleged deficiency in Part A application, if required 3.5 $ 0.00 $ 0.00 $ 206.00 $ 206.00 Subtotal* 205.5 $ 0.00 $ 67.20 $ 14,391.44 $ 14,458.64 Revised Part A Permit Application/ Justifications/ Subpart H Compliance Demonstrations Read the regulations and instructions ( for Agency rulemaking) 15 $ 0.00 $ 0.00 $ 1,060.00 $ 1,060.00 Read the regulations and instructions ( for facility modification) 30 $ 0.00 $ 0.00 $ 2,120.00 $ 2,120.00 Prepare and submit revised Part A ( for rulemaking) 33.75 $ 0.00 $ 21.00 $ 2,500.02 $ 2,521.20 Prepare and submit revised Part A ( for facility modification) 67.50 $ 0.00 $ 42.00 $ 5,000.04 $ 5,042.40 Prepare and submit justifications for changes, if needed 25 $ 0.00 $ 21.00 $ 1,820.00 $ 1,841.00 Submit Subpart H compliance demonstrations, if needed 25 $ 0.00 $ 21.00 $ 1,820.00 $ 1,841.00 Subtotal* 196.25 $ 0.00 $ 105.00 $ 14,320.24 $ 14,425.60 TOTAL: ALL RESPONDENTS 401.75 $ 0.00 $ 172.20 $ 28,711.68 $ 28,884.24 * Some totals may not add up due to rounding errors. 19 6( e) BOTTOM LINE BURDEN HOURS AND COSTS Exhibits 1 and 2 show the average annual burden and cost to Respondents and the Agency, respectively. The bottom line burden to Respondents over three years is 1,205.25 hours, with a cost of approximately $ 86,652.72 ( 401.75 hours annually, at a cost of $ 28,884 annually). The bottom line burden to the Agency over three years is 285.3 hours, at a cost of $ 14,914.02 ( 95.1 hours annually, at a cost of $ 4,971 annually).

6( f) REASONS FOR CHANGE IN BURDEN This ICR describes the total respondent burden for all activities required for the Part Permit A Permit Application. In reviewing burden estimates for the submitting new and revising existing Part A Permit Applications, EPA relied on the estimates from the previous ICRs for this activity, and, in particular, estimates made for the RCRA Subtitle C Site Identification Form ICR ( number 2005.1), January, 2001. The estimates for that ICR form the basis for some of the estimated burden reduction in this ICR. The major reduction is from a decrease in the number of revised Part A Applications since the previous ICR. Based on this data, EPA has lowered its estimate of the overall burden associated with new and revised Part A Permit Applications.

The purpose of the Site ID Form is to standardize the RCRA site identification information that is currently collected on three forms: ( 1) Notification of Regulated Waste Activity ( EPA Form 8700 12), ( 2) RCRA Part A Permit Application ( EPA Form 8700 23), and ( 3) Hazardous Waste Report ( Biennial Report; EPA Form 8700 13 A/ B). As a result of the Site ID Form, the burden and cost estimates for the ICRs for all three activities will be affected. In particular, the estimated time to prepare the Part A Permit Application will be reduced for both the initial and revised Part A applications. For new applications, we assume the applicant has already completed a Site ID Form for the Notification of Regulated Waste Activity Form. For submission of revised Part A applications, we assume the applicant has already completed a Site ID Form for the Biennial Report.

For the previous ICR, available data showed an annual average of 8 new Part A Applications and 28 revised Part A Applications for the years 1999, 2000, and 2001. For this ICR, the data from RCRAInfo shows an average 8 new and 15 revised Part A Applications for the years 2002, 2003, and 2004.

As such, EPA estimates in this ICR that the overall annual respondent burden associated with both new and revised Part A Permit Applications will decrease from 576 hours in the previous ICR to 401.75 hours in this ICR. This is a decrease of approximately 174.25 hours or approximately 30 percent.

6( g) BURDEN STATEMENT 20 The reporting burden for information collection requirements associated with the Part A permit application requirements is estimated to be approximately 25 hours. The burden estimate includes time for reading the regulations and preparing and submitting Part A Permit Applications. There are no record keeping requirements associated with new Part A Permit Applications, and as such, there is no record keeping burden.

The reporting burden for information collection requirements associated with revising Part A Permit Applications is estimated to be approximately 13 hours. The burden estimate includes time for reading the regulations, preparing and submitting revised Part A Permit Applications, preparing and submitting justifications for changes, and preparing and submitting Subpart H compliance demonstrations. There are no record keeping requirements associated with revising Part A Permit Applications, and as such, there is no record keeping burden.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number RCRA 2005 0008, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202 566 1744, and the telephone number for the Resource Conservation and Recovery ( RCRA) Docket is 202 566 0270. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number RCRA 2005 0008 and OMB Control Number 2050 0034 in any correspondence