SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 0820.14

HAZARDOUS WASTE GENERATOR STANDARDS

September 2014

	TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection	   1

1(b)	Characterization of the Information Collection	   1

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need and Authority for the Collection	    8

2(b)	Use and Users of the Data	  12

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)       Nonduplication	  15

3(b)       Public Notice	  16

3(c)       Consultations	  16

3(d)       Effects of Less Frequent Collection	  16

3(e)       General Guidelines	  16

3(f)       Confidentiality	  16

3(g)       Sensitive Questions 	  16

THE RESPONDENTS AND THE INFORMATION COLLECTED

4(a)	Respondents and SIC Codes	  17

4(b)	Information Requested	  18

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities	  58

5(b)	Collection Methodology and Management	  61

5(c)	Small Entity Flexibility	  61

5(d)	Collection Schedule	  62

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating Annual Respondent Burden	  64

6(b)	Estimating Annual Respondent Costs	  64

6(c)	Estimating Annual Agency Burden and Cost	  65

6(d)	Estimating the Respondent Universe	  65

6(e)      Bottom Line Burden Hours and Costs	  71

6(f)	Changes in Estimated Burden	  72

6(g)	Reasons for Change in Burden	  72

6(h)	Burden Statement	  73

1.	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 0820.13.  This ICR renews the
previously approved ICR, "Hazardous Waste Generator Standards,” ICR
Number 0820.10. 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 Number 801.  Biennial reporting
requirements are addressed in ICR Number 0976.]  In addition, RCRA
section 3010 sets forth requirements for generators and other hazardous
waste handlers to notify EPA of their hazardous waste activities. [Note:
These notification requirements are addressed in ICR Number 0261.]
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 five categories of information
collection requirements in part 262: pre-transport requirements;
hazardous waste storage requirements for 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; and export
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.

2.	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 PRE-TRANSPORT REQUIREMENTS

(1)	Labeling

Section 262.34(a) and (c) require LQGs to label containers and tanks as
specified (e.g., with the date accumulation began and the words,
“Hazardous Waste”).  EPA and LQGs need information on the time waste
began accumulating for enforcement and monitoring purposes.

(2)	Personnel Training

Section 262.34(a)(4) requires LQGs to maintain copies of personnel
training documents and records (under §265.16(d) and (e)) at their
facilities. Both EPA and LQGs 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 262.34(a)(4), LQGs must comply with subparts C and D of
part 265, which detail 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 record whether State or local authorities
declined to enter into arrangement to become more familiar with the
generator's facility and its wastes, prepare and maintain contingency
plans, 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 262.34(a)(1)(ii), EPA requires LQGs that accumulate
hazardous waste in tank systems to comply with subpart J of part 265.
These requirements 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 262.34(a)(1)(iii), EPA requires LQGs that accumulate
hazardous waste on drip pads to comply with subpart W of part 265, as
well as to describe and document waste removal.  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 262.34(a)(1)(iv), 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 262.34(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 262.34(a) (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 262.34(a) (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 262.34(a)
(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 262.34(a)
(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 PRE-TRANSPORT REQUIREMENTS

(1)	Labeling

Section 262.34(a)(2) and (3) and (c) require SQGs to label their
containers and tanks as specified (e.g., with the words "Hazardous
Waste" and the date that accumulation began).  This information assists
SQGs and EPA to monitor and enforce the accumulation requirements.

(2)	Emergency Procedures

EPA promulgated regulations in Section 262.34 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 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.  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 262.34(f) 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.

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.

EXPORT AND IMPORT REQUIREMENTS

Authority for the export informational requirements is derived from RCRA
section 3017.  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.  EPA also added additional requirements for
generators to re-notify the EPA if the conditions of the original
notification are altered and keep copies of relevant documents for a
period of three years. EPA needs this additional information to ensure
that foreign governments consent to U.S.-exported waste, to document
that exported waste is actually managed at facilities listed in the
original notifications, and to guarantee that these documents are
available for compliance audits and any enforcement actions.  These
requirements contribute to EPA's goal of ensuring that all hazardous
waste generated in the United States is managed in a manner protective
of human health and the environment.

	EPA may also request that primary exporters provide additional
information, as requested by the receiving country.

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 determination requirements.

(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 262.34 to
document and respond to any spills or other unplanned releases of
hazardous wastes into the environment.

(4)	Tank Systems

In section 262.34(a)(1), 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

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 (§262.34(a)(1)(iii))).  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

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 (§262.34(a)(1)(iv)).
 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 will maintain will 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.  The records will
reveal misunderstandings about how the standard is to be implemented.

(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.

(2)	Emergency Procedures

EPA, as well as local and State government agencies responding to any
releases, uses the information submitted by SQGs under section
262.34(d)(5) 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.

RECORDKEEPING AND REPORTING REQUIREMENTS

In monitoring compliance and enforcing regulations, EPA relies on the
recordkeeping requirements in sections 262.40 and .43 to provide a
record of generators' hazardous waste generation, determination status
(e.g., testing), and its eventual disposition.

EXPORT AND IMPORT REQUIREMENTS

EPA uses the information submitted by primary exporters to notify and
seek consent of, in conjunction with the Department of State, the
receiving country and any transit country of the export of hazardous
waste.  EPA also uses the export information to document that hazardous
wastes being shipped to foreign treatment, storage, and disposal
facilities are not diverted to other destinations.  EPA uses information
from importers to determine the number, origin, destination and type of
imports to the U.S. for tracking purposes and for reporting to the OECD
as required by treaty.  This information is also used to assess the
efficiency of the program.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	NONDUPLICATION

Most of the information required by the regulations covered by this ICR
are not available from any source but the respondents.  In certain
occasions, such as the notification of intent to export hazardous waste,
EPA allows the primary exporter to submit one notice that covers
activities over a period of twelve months.

	Although some of the information required for the hazardous waste
manifest and the tracking document is substantively the same, up to six
pieces of additional information are required for the tracking document.
 In addition, these two documents serve different purposes.  A signed
copy of the hazardous waste manifest, which is not valid beyond U.S.
borders, is dropped off at the U.S. Customs check point when the
shipment leaves the U.S. to verify pertinent information, including
point of departure, date, destination, and contents of the shipment.
The tracking document must accompany the shipment until it reaches the
foreign recovery facility.  The signed tracking document is subsequently
returned to EPA and the U.S. exporter to acknowledge receipt of the
shipment in accordance with the OECD Decision.

In certain cases, some of the information on the tracking document also
may be collected by the Department of Commerce in its Census Bureau form
titled "Shipper's Export Declaration" (15 CFR part 30).  This form,
which is required for all shipments that have a value in excess of
$1,500, must be filed at the U.S. port of exit, similar to the current
export requirements.  However, the information contained in the Census
Bureau's form is not adequate for EPA's purpose of tracking and
identifying the export of hazardous waste from the U.S.  For example,
the wastes are identified by tariff codes that are less precise than the
waste codes required by the tracking document.

3(b)	PUBLIC NOTICE tc \l2 "3(b)	PUBLIC NOTICE

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice in the Federal Register on June 11, 2014 (79 FR 33547).
The public comment period extended through August 11, 2014.  EPA
received no comments on this ICR in response to the Federal Register
notice.

3(c)	CONSULTATIONS

	EPA consulted with several states in the development of this ICR,
specifically as related to the development and update of contingency
plans by LQGs. As discussed elsewhere, EPA also modified its methodology
in estimating the number of small quantity generators (SQGs) to improve
the reliability of universe estimates. Otherwise, no changes were made
to any of the assumptions or methodology supporting burden estimates.

Lisa A. Silvia

Senior Waste Inspector

Virginia Department of Environmental Quality

(757) 518-2151

Robert Nero

Chairman

Rhode Island   HYPERLINK "http://www.pawtuxet.org"  Pawtuxet River
Authority & Watershed Council

(401) 615-7039

	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:

	                                                  Table 1

List of NAICS Codes

NAICS code

Description

113

Forestry and Logging

115

Support Activities for Agriculture and Forestry

211

Oil and Gas Extraction

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

331

Primary Metal 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

511

Publishing Industries

512

Motion Picture and Sound Recording Industries

541

Professional, Scientific, and Technical Services

561

Administrative and Support Services

812

Personal and Laundry Services

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:

See “Recordkeeping and Reporting Requirements,” later in this
section, for the data items associated with the waste determination
requirements.

(ii)	Respondent activities:

In making a hazardous waste determination, respondents must:

Test their waste; or

Use knowledge of the waste.

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 262.34(a)(2) and (3) require that LQGs label each container or
tank accumulating hazardous waste with the date upon which each period
of accumulation begins and the words "Hazardous Waste."  Section
262.34(c)(1) requires LQGs accumulating either hazardous waste or
acutely hazardous waste at or near the point of generation to mark these
containers in "satellite accumulation" with the words "Hazardous Waste"
or other words that identify the contents of the containers.  Section
262.34(c)(2) further requires that, if the LQG accumulates hazardous
waste or acutely hazardous waste at satellite accumulation 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” and the date that
accumulation began.

(ii)	Respondent activities

Respondents must perform the following requirements in complying with
section 262.34(a)(2) and (3) and 262.34(c)(1) and (2):

Label all containers and tanks with the words "Hazardous Waste" and the
date that accumulation began.

Label all containers with the words "Hazardous Waste" or other words,
and label all containers with excess accumulation with the date that the
excess accumulation began (satellite accumulation areas only).

(2)	Personnel Training

In section 262.34(a)(4), LQGs must comply with requirements in section
265.16(d) and (e).  Section 265.16(d) requires LQGs to maintain copies
of personnel training documents and records at the facility.  Section
265.16(e) requires that training records be held 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
265.16(d) and (e):

Collect the data items listed above; and

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

(3)	Contingency Plan and Emergency Procedures

In section 262.34(a)(4), LQGs are required to comply with the
preparedness and prevention and contingency plan and emergency procedure
requirements in subparts C and D of part 265.

(a)	Contingency Plan

Section 265.37(b) requires generators to note whether local authorities
decline to enter into agreements to become more familiar with the
generators' facility and wastes.  Section 265.51 requires LQGs to have a
contingency plan for their facilities.  Section 265.53(a) requires the
generators to maintain a copy of an updated contingency plan at the
facility.  Data elements required by this plan are outlined in section
265.52.

(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, addresses and phone numbers (office and
home) 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.

Documentation of whether State or local authorities decline to enter
into agreement to become more familiar with the LQG's facility and its
waste.

(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.

(b)	Emergency Procedures

Under sections 265.56(a) through (d), 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 265.56(i) 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 265.56(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 262.34(a)(1), 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 262.34(a)(1)(iii), 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.

(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 262.34(a)(1)(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 262.34(a)(1)(iv), 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 262.34(a)(1)(iv) 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. 34(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.

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 effected 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 262.34(a)(2) and (3) require that SQGs label each container or
tank accumulating hazardous waste with the date upon which each period
of accumulation begins and the words "Hazardous Waste."  Section
262.34(c)(1) requires SQGs accumulating either hazardous waste or
acutely hazardous waste at or near the point of generation to mark these
containers with the words "Hazardous Waste" or other words that identify
the contents of the containers.  Section 262.34(c)(2) further requires
that, if the SQG accumulates hazardous waste or acutely hazardous waste
at satellite accumulation in excess of specified amounts, the SQG must,
within three days, move that excess waste to a 90-day accumulation area.
 During that three-day period, the SQG 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” and the date that
accumulation began.

(ii)	Respondent Activities:

Respondents must perform the following requirements in complying with
section 262.34(a)(2) and (3) and 262.34(c)(1) and (2):

Label all containers and tanks with the words "Hazardous Waste" and the
date that accumulation began.

Label all containers with the words "Hazardous Waste" or other words,
and label all containers with excess accumulation with the date that the
excess accumulation began (satellite accumulation areas only)

(2)	Emergency Procedures

Section 262.34(d)(5)(iv)(A) requires that, in the event of a fire, SQGs
must call the fire department or attempt to extinguish it using a fire
extinguisher.  Section 262.34(d)(5)(iv)(C) requires 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.  Applicable provisions also require SQGs to document if State or
local authorities decline to enter into arrangements to become familiar
with the site (265.37(b)), and require SQGs to post emergency
information near the phone (262.34(d)(5)(ii)).

(i)	Data items

The data items required in making this report are:

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.

Documentation that local officials decline to enter into arrangements
for coordinating response.

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 262.34(f) 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.

RECORDKEEPING AND REPORTING REQUIREMENTS

Sections 262.40 and 262.43 require all generators 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 the records of test results,
for at least three years.  Section 262.43 requires generators to furnish
additional reports regarding the volume and nature of their hazardous
wastes as deemed necessary.

(i)	Data items

The Administrator may require additional data, as deemed necessary, such
as copies of any records of test results, waste analyses, or other
determinations regarding the quantity and disposition of hazardous
wastes.

(ii)	Respondent activities

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

Maintain the test results, waste analyses, or other determinations;

Gather and provide any additional information requested by the
Administrator.

EXPORTS AND IMPORTS OF HAZARDOUS WASTES

Sections 262.53 - .57 are requirements for "primary exporters," or the
persons shipping or arranging to ship hazardous waste to a TSDF outside
the boundaries of the United States.  All generators meeting the
definition of "primary exporters" are required to notify EPA of their
intention to export hazardous waste, re-notify the EPA if the conditions
of the original notification are altered (including, under certain
circumstances, if a shipment cannot be delivered to the designated or
alternate consignee for any reason), file an Annual Report with the
Administrator summarizing the types, quantities, frequencies, and
ultimate destination of all hazardous wastes exported during the
previous years, and keep copies of relevant documents for a period of
three years.  EPA may also request that primary exporters provide
additional information, as requested by the receiving country.

Sections 262.83- .85 are requirements for primary exporters exporting to
OECD countries, and are basically the same, except for a few additional
information items, which are separately identified below.

(1)	Notification of Intent to Export

Section 262.53(a) requires the primary 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, mailing address, telephone number, and EPA ID number of the
primary exporter; and

For each consignee, the following information for hazardous waste type:

--A description of the hazardous wastes and EPA waste number and DOT
description;

--An estimate of the frequency and time period of the shipment to the
consignee;

--Total quantity of hazardous wastes;

--Points of entry of (or departure from) each foreign country;

--A description of the means of transportation and the types of
containers containing the hazardous wastes;

--A description of the waste management techniques to be utilized in
managing the wastes in the host countries;

--The name and site address, of the consignee and any alternate
consignee; and

--The name of any countries through which the hazardous wastes will
transit, as well as the period of time the wastes will remain in the
transit countries and the nature of its handling while there;

--After consent is granted, exporter will receive EPA acknowledgment of
consent from EPA and must attach acknowledgment of consent to manifest.

Additional data items only for exporters to OECD countries (262.83)

--Fax number

--Serial number/identifier of notification form

--Intended carrier(s) and/or agents

--Countries of export, import, and transit and relevant authorities

--Certification of the existence of written contract, chain of custody,
or equivalent arrangement with consignee, between exporter and importer

--Certification that the information is complete and correct

--Certification of financial guarantee if required by any concerned
country (importing and transit).

(ii)	Respondent activities

In order to comply with the notification of intent to export
requirements, the primary exporter must undertake the following tasks:

Collect information; and

Prepare and submit a notification.

   	Additional tasks are required of exporters to OECD countries:

Read the regulations codifying the OECD Decision and assess
applicability

Complete the additional information for the Notification of Intent to
Export

(2)	Re-notification of Intent to Export

Generators are also required to notify EPA should certain information on
the notification be modified, such as an increase of the volume of
hazardous wastes shipped, before the hazardous wastes are exported
(§262.53(c)).  Under section 262.54(g), if a shipment cannot be
delivered to the designated or alternate consignee for any reason, the
primary exporter must either re-notify EPA before the delivery of the
shipment to a new consignee (in accordance with §262.53(c)), or
instruct the transporter to return the waste to the exporter or a
management facility in the United States.

(i)	Data items

Written description of any of the modified notification information.
For certain categories of information (e.g., telephone numbers, ports of
entry and exit, or decreases in quantity), EPA has waived this
re-notification requirement.  EPA will inform the recipient and transit
countries of the changes and, upon their consent, forward to the primary
exporter an EPA Acknowledgment of Consent.

(ii)	Respondent activities

In order to comply with the re-notification of the intent to export
requirements, the primary exporter must undertake the following tasks:

Collect change to export information; and

Prepare and submit a re-notification documenting changes.

(3)	OECD Tracking Document

Under section 262.84, primary exporters of hazardous wastes to OECD
countries must provide information on a tracking document, in addition
to information provided for US manifest requirements (ICR Number 801).

(i)	Data items

Fax numbers of the export notifier, consignee, and carrier

Technologies employed by the recovery facility

Means and mode of transport, including types of packaging

Countries of export, import, and transit and relevant competent
authorities

Frequency of shipment (single or general notification).

(ii)	Respondent activities

In order to comply with the tracking requirements, the primary exporter
or importer must undertake the following tasks:

Read the regulations codifying the OECD Decision and assess
applicability

Complete the additional information for the tracking document.

(4)	One time Import Notification

The following information, which is required by the OECD Decision, is
in addition to the information required for non-OECD exports and
imports, under 40 CFR part 262, subparts E and F, respectively:

The rule codifying the OECD Decision did not impose any significant new
or additional information collection requirements on U.S. importers of
hazardous waste destined for recovery.  However, U.S. recovery
facilities that import hazardous waste are required to sign additional
copies of the tracking document and transmit them to the appropriate
parties within three working days instead of the previously required 30
days [see §§264.71(d) and 265.71(d)].

(ii)  Respondent Activities

 Read the regulations codifying the OECD Decision and assess
applicability

Sign and transmit the additional copies of the tracking document  to
EPA, competent authority of exporter country, and competent    authority
of transit country (if applicable)

Comply with the expedited response time (three working days) to
transmit copies of the signed tracking document to the foreign
exporter, EPA, competent authority of exporter country, and competent
authority of transit country (if applicable). Although  the response
time has been reduced, there is no additional labor  effort or paperwork
burden.  Therefore, no burden estimates are   calculated for this
effort.

(5)	Additional Reporting

Under sections 262.53(d) and 262.85(g), EPA may request that primary
exporters submit additional information, as requested by the receiving
country.

(i)	Data items

The data items required by this demonstration are specified by the
receiving country.

(ii)	Respondent activities

In order to submit these reporting data items, primary exporters must:

Gather and provide any additional information requested by EPA on behalf
of the receiving country.

(6)	Annual Report Requirements

Section 262.56(a) requires exporters of hazardous wastes to file an
Annual Report with the Administrator summarizing hazardous waste export
activities.

(i)	Data items

The following data items must be reported annually:

The EPA identification number, name, and mailing address and site of the
exporter;

The calendar year covered by the report;

The name and site address of each consignee;

For each consignee, the following data:

--A description of the hazardous waste,

--The EPA hazardous waste number,

--The DOT hazard class,

--The name and US EPA ID number for each transporter used,

--The total amount of waste shipped, and

--The number of shipments pursuant to each notification;

A description of efforts undertaken to reduce the volume and toxicity of
wastes generated, as well as a description of any variation in the
volume and toxicity of wastes relative to previous years (not applicable
to SQGs, or to LQGs that submitted this information in a Biennial
Report); and

A signed certification.

(ii)	Respondent activities

In order to comply with the Annual Report requirements, the primary
exporter must undertake the following tasks:

Research the information needed for SQGs and LQGs; and

Prepare and submit a report.

(7)	Recordkeeping Requirements

Section 262.57(a) requires all primary exporters to keep a copy of
certain documents for a period of at least three years after the wastes
were accepted by the initial transporter (or longer if requested by the
Administrator or if related to an activity subject to an enforcement
action):

(i)	Data items

The following records must be kept:

Notification of intent to export;

EPA acknowledgment of consent;

Confirmation of delivery from the consignee; and

Annual report.

(ii)	Respondent activities

In order to comply with the recordkeeping requirements, the generator
must undertake the following task:

File and maintain the notification of intent, acknowledgment of consent,
confirmation of delivery, Annual Report, and Exception Reports for a
period of at least three years.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

The following subsections discuss how EPA will collect the information,
what activities EPA will perform once the information has been received,
and how EPA will manage the information it collects.  The subsections
also include a discussion of how the information collection requirements
affect small entities.

5(a)	AGENCY ACTIVITIES

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

There are no Agency activities associated directly with generator waste
determinations.  EPA may review results of such determinations during
site inspections.

LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

Although personnel training information is not formally submitted to
EPA, EPA may review information collected from the requirements during
facility inspections.  Therefore, this analysis assumes that the Agency
will spend a minimal amount of review time at certain facilities.

 Agency activities associated with emergency reporting requirements
include reviewing documents in the emergency coordinators' emergency
reports.

Agency activities associated with the receipt of reports of releases are
review of the information submitted, entry of this information into a
database tracking all releases, and, if necessary, transmittal of the
information to the respective emergency response authorities.

Agency activities associated with requirements for generators' tank
systems include the following:

Review and evaluate information on equivalent containment devices;

Evaluate information submitted for exemption from the 24-hour leak
detection requirement; and

Evaluate information submitted for variances from secondary containment
requirements, including no-free liquids demonstrations.

In addition, the Agency must perform the following activities for
generators' tank systems:

Evaluate information submitted for exemption from 24-hour waste removal
requirement;

Review existing tank integrity assessments;

Review new tank design and installation assessments;

Review release notification reports;

Review major repair certifications; and

Review requests for accumulation period extensions.

Agency activities associated with requirements for generators' drip pads
include the following:

Review plans for upgrading drip pads;

Review and evaluate drawings and certifications of drip pads;

Evaluate notices of releases from drip pads; and

Review repairs conducted to drip pads.

Agency activities associated with requirements for generators'
containment buildings include the following:

Review and evaluate notifications of releases of hazardous waste; and

Review notices of repairs to containment buildings.

Some of the records and certifications required under this section are
not formally submitted to EPA, but must be kept on file at the facility
and made available to EPA upon request.  On others, the regulations are
not explicit about whether a demonstration must be submitted to EPA;
this ICR generally assumes that LQGs submit the demonstrations anyway.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

(1)	Air Emissions from Process Vents

There are no Agency activities associated with the requirements for
generators with process vents.  Although EPA will examine monitoring
documentation, control device documentation, waste determination
documentation, and information required in the operating record during
periodic inspections, these activities are part of EPA's overall
compliance and enforcement program.  Therefore, the cost associated with
these activities is not attributable to subpart AA.

(2)	Air Emissions from Equipment Leaks

Agency activities associated with the requirements for generators with
equipment subject to subpart BB include:

Reviewing notifications to implement the alternate valve standard
specified in section 265.1061(a));

Reviewing notifications to discontinue implementing the alternate valve
specified in section 265.1061(a)); and

Reviewing notifications to implement the alternate valve standard
specified in sections 265.1062(b)(2) or (b)(3)).

SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS

The Agency activities associated with SQG pre-transport requirements
include reviewing requests for extensions of the accumulation period
under section 262.34(e).  No other information is required to be
submitted to EPA (SQG notification requirements include contacting the
National Response Center, operated by the Coast Guard).

RECORDKEEPING AND REPORTING

Agency activities associated with the recordkeeping and reporting
requirements include the on-site review of documents maintained at a
facility, and the review of submitted information and the entry of this
information into a database.

EXPORT AND IMPORT REQUIREMENTS

Agency activities associated with the receipt of notifications and
re-notifications of intent to export hazardous waste involve the review
of this information, and to submit, in conjunction with the Department
of State, a notification to the receiving country and any transit
countries.  Upon the consent (or refusal) of the receiving  countries to
the receipt of the hazardous waste, the Agency will forward to the
primary exporter an acknowledgment of consent (or a written notification
of the objection).  Other Agency activities associated with the export
of hazardous waste are the receipt of Annual Reports.  The Agency will
review these documents and enter them into a database.  During
compliance inspections, the Agency will also review records kept on
site.

The OECD Decision requires the Agency to perform the following
additional information collection and management activities.  These
activities are in addition to the baseline (non-OECD) information
collection and management requirements already imposed by RCRA for
hazardous waste exports and imports.

Exports from the U.S.:

Receive and record the Acknowledgment of Receipt from the importing
country

Receive and record the Tracking Document received from the foreign
recovery facility.

Imports to the U.S.:

Transmit an Acknowledgment of Receipt to the foreign exporter, competent
authority of the foreign exporting country, and competent authority of
transit country(ies) if applicable

Receive and record the Tracking Document received from the U.S. recovery
facility.

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

In collecting and analyzing the information required under the generator
requirements, EPA uses personal computers and applicable database
software, when appropriate.

5(c)	SMALL ENTITY FLEXIBILITY

When promulgating the regulations covered under this ICR, EPA considered
the effect of these regulations on small businesses.  EPA found,
however, that most small businesses do not generate a sufficient
quantity of hazardous waste to be subject to any recordkeeping
requirements and, therefore, are not significantly affected by the
generator standards. EPA has been directed by Congress to promulgate
standards to protect public health and the environment.  In certain
cases, such as the Annual Report requirements for primary exporters of
hazardous waste, EPA has limited the informational requirements for
small generators.  These facilities do not have to include a description
of efforts taken to reduce waste volume or toxicity, or descriptions of
any variation in the volume and toxicity of wastes relative to previous
years.  Certain categories of small entities are exempt from the
information collection requirements described herein.  Others are
subject to reduced requirements.  The training requirements do not apply
to small quantity generators.  Nor are they subject to the contingency
plan and emergency procedure requirements.  Finally, such generators are
subject to reduced tank standards under section 265.201.

5(d)	COLLECTION SCHEDULE

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

There is no collection schedule for generators’ hazardous waste
determinations under this data collection effort. Instead, the hazardous
waste determination information collection schedule is addressed under
Land Disposal Restrictions ICR, Number 1442.

PRE-TRANSPORT REQUIREMENTS (FOR BOTH LQGs AND SQGs)

The reporting requirements outlined in the regulations will vary
according to individual facility circumstances.  Because container
labeling and keeping records of personnel training are conducted onsite,
a discussion of a collection schedule is not relevant.

There is no collection schedule for generators reporting releases of
hazardous waste into the environment, as facilities only report on these
occasions. The emergency coordinator must immediately notify the
appropriate authorities of an imminent or actual emergency situation.
An LQG must submit a written report of any incident that requires the
implementation of the contingency plan within 15 days of its occurrence.
 Since generators are not required to submit their contingency plans to
EPA, discussion of a collection schedule for these facilities is not
applicable.

Records of tank system assessments, statements on design and
installation, and records of annual leak tests and inspections are kept
by the LQGs.  Therefore, a discussion of a collection schedule is not
applicable.  The time frame for submitting demonstrations provided under
this section is dependent upon the desire of LQGs to submit such
demonstrations.  However, the regulations do specify time frames for
submissions related to certain situations.  LQGs must submit release
notification reports within 30 days of detecting a release.  In
addition, the certification of major repairs (required under
§265.196(f)) must be submitted within seven days of returning the
repaired tank system to use.  With regard to drip pads, plans for
upgrading drip pads must be prepared 2 years before completion of such
repairs, pad assessments must be recertified annually, records of
releases must be documented upon detection and notice provided to EPA
within 24 hours (written notice in within 10 days), and notice of
repairs provided upon completion of such repairs.  As for containment
buildings, certification that the building meets design requirements is
required within 60 days of initiating operation, records of releases
must be filed upon detection and notice to EPA provided within 7 days
(written notice within 14 days).  In addition, monitoring data must be
placed in the record every 7 days.

There is no collection schedule for generators requesting extensions
from the Regional Administrator of the accumulation period, as these
requests presume unforeseen circumstances.

LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS

The regulations at 40 CFR part 265, subparts AA and BB for generators do
not specify time frames for submittals, and a discussion of a schedule
regarding these requirements is not applicable.

RECORDKEEPING AND REPORTING

As the recordkeeping regulations in section 262.40 do not require the
transmittal of any information, a discussion of a schedule regarding
this requirement is not applicable.  Additionally, as section 262.43
allows the Administrator to require additional information of generators
on an irregular basis, a discussion of a collection schedule is not
applicable.

EXPORT REQUIREMENTS

Generators meeting the definition of primary exporters should notify the
EPA 60 days before the initial shipment of waste is scheduled to leave
the United States (§262.53).  The notifications of intent to export are
collected as necessitated by generator activities.  EPA has limited the
burden of collection by allowing one notification to cover activities
extending over a twelve-month period, unless certain conditions are
altered.

Under the rule codifying the OECD Decision, Notification of Intent to
Export submissions and tracking documents are generated and sent to EPA
on a random, occurrence-specific basis for which there is no formalized
schedule.  Once these events do occur, notifications must be sent to EPA
within 45 days prior to initiating waste exports, and tracking documents
must be sent to EPA by U.S. recovery facilities within three working
days of receipt of imported wastes.

The collection schedule for export activity Annual Reports requires
their submittal no later than March 1 of the following year (§262.56).
The report must include information regarding the primary exporter,
transporter, and consignee, as well as the volume and characteristics of
the waste.   The report must also include a description of any variation
in the volume and toxicity of wastes relative to previous years (not
applicable to generators of more than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month or to those already
submitting information in the Biennial Report), and a signed
certification.  The recordkeeping regulations in section 262.57 do not
require the transmittal of any information; a discussion of a schedule
regarding this requirement is not applicable.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	ESTIMATING ANNUAL RESPONDENT BURDEN

This ICR is a comprehensive presentation of all of the information
collection activities required for generator standards and covers Fiscal
Years 2014-2016.

Exhibit 1 summarizes the universe of generators.  EPA estimated
respondent burden hours and costs associated with all of the
requirements covered in this ICR in the following exhibits: Exhibit 2
addresses both LQG and SQG respondent burden for reading the
regulations; Exhibit 3 addresses LQG pre-transport requirements; Exhibit
4 addresses LQG air emission standards; Exhibit 5 addresses SQG
pre-transport requirements; Exhibit 6 and 7 address specific export and
import requirements for all generators; and Exhibit 8 summarizes total
annual aggregate respondent burden and costs for all activities.

6(b)	ESTIMATING ANNUAL RESPONDENT COSTS

Exhibits 2 through 8 estimate the costs to generators based on the cost
of labor, operation and maintenance (OM), and capital.  For purposes of
this analysis, EPA estimates an average hourly respondent labor cost
(including fringe and overhead) of $128.93 for legal staff, $76.21 for
managerial staff, $56.77 for technical staff, and $34.15 for clerical
staff. These wage rates were used in the recently developed ICR renewal
for the Land Disposal Restriction requirements. (See ICR No. 1442, OMB
control number is 2050-0085).  In turn, these rates are based on actual
Bureau of Labor Statistics (BLS) mean rates, plus overhead and fringe
benefits.

In the following paragraphs, EPA estimates capital costs associated with
the information requirements covered by this ICR.  Capital costs usually
include any produced physical good needed to provide the needed
information, such as machinery, computers, and other equipment.  For
this ICR, the only required capital is file cabinets for maintaining
reports.  As shown in Exhibit 9, EPA estimates the total average annual
capital cost to all generators, collectively, to be approximately
$24,768.

Estimate the total annual volume of reports required to be retained by
all generators.  In total, EPA estimates that LQGs must maintain
approximately 91 pages of reports annually, while SQGs maintain
approximately 2 pages.

Ascertain the number of standard-size file cabinets that would provide
the needed capacity and estimate the aggregate purchasing price.  Given
that a standard-size, five-drawer, lateral file cabinet holds
approximately 16,000 pages, EPA estimates that the hazardous waste
industry would need to purchase approximately 91 file cabinets each year
(i.e.,1,342,264 /16,000).  These 84 file cabinets represent the total
capacity needed by the industry, collectively, to store all of its
reports.  EPA estimates that the purchasing price for one file cabinet
is $870, and for all 84 file cabinets, $73,080.

Annualize the aggregate cost of standard-size file cabinets.  EPA
annualized the aggregate cost of $73,080 over three years at a seven
percent annual discount rate.

In total, EPA estimates an annual capital cost of $24,768 for 84 file
cabinets needed by small and large quantity generators.

	For this ICR, because the estimated cost of one file cabinet was
confirmed to be the same as in previous years, the total costs were
estimated by using a percentage of the previous total based on the
decrease in the universe of respondents.

O&M costs are those costs associated with a paperwork requirement
incurred continually over the life of the ICR.  They are defined by the
PRA as “the recurring dollar amount of cost associated with O&M or
purchasing services.”  For this ICR, O&M costs cover postage and an
envelope for reports sent to other parties $1.56 postage, 4 cents per
standard envelope) photocopying of reports submitted to the Agency (11
cents per page), for long-distance phone calls ($5.00 per call).  O&M
costs are shown in Exhibits 2 through 9 for all applicable activities.

  	6(c)	ESTIMATING ANNUAL AGENCY BURDEN AND COST

EPA estimates Agency burden hours and costs associated with all the
requirements covered in this ICR in Exhibit 9.  EPA estimates an average
hourly Agency labor cost of $81.00 for Regional legal staff, $58.28  for
Regional managerial staff, $40.89 for Regional technical staff, and
$24.86  for Regional clerical staff.  EPA used the 2014 Federal Pay
Schedule salary figures to estimate annual compensation of Regional
legal, managerial, technical, and clerical staff.  For purposes of this
ICR, EPA assigned Regional staff the following government service
levels:

Legal staff		GS-15, Step 1

Managerial staff	GS-13, Step 1

Technical staff		GS-11, Step 1

Clerical staff		GS-06, Step 1

EPA divided annual compensation estimates by 2,080, the number of hours
in a Federal work year, and multiplied the rates by the standard
government overhead factor of 1.6 to derive hourly rates.

6(d)	ESTIMATING THE RESPONDENT UNIVERSE

LARGE QUANTITY GENERATOR AND SMALL QUANTITY GENERATOR REQUIREMENTS
(Exhibits 1 and 2)

(1)	Reading the Regulations

Based on the 2011 Biennial Reporting System (BRS), which is the most
currently available, EPA estimates that there are approximately 14,262
LQGs.   EPA estimates that a number of these LQGs (370), however, are
also hazardous waste treatment, storage, and disposal facilities (TSDFs)
and an estimated 300 LQGs are federal facilities. These facilities are
covered by other ICRs and therefore deleted from facilities covered in
this document, yielding an estimated 13,592 LQGs.

The methodology used to estimate the number of small quantity generators
(SQGs) is different than in previous years, and we believe more
reliable. For this information data collection effort, EPA used the
generator RCRA ID found on the  2007-2011 Waste Received (WR) forms in
the BRS and cross walked and matched that with the RCRA ID found on the
BRS’s Site ID form to identify whether the generator or not the
generator was an SQG.

The Agency then estimated both a low end and high end universe of SQGs
by selecting two data points: (1) any SQG identified in the 2011 BRS;
and (2) any SQG identified in either the 2007, 2009 or 2011 BRS
reporting cycles because SQGs move in and out of different generator
categories over time. This methodology derived an estimated universe of
52,732 of which EPA estimates that 36 are federal facilities, yielding
52,696 SQGs.

As shown in Table 2, an estimated total approximately 67,288 generators
comprise the respondent universe.   As shown in Exhibit 2, EPA expects
that each LQG will average one hour to read the generator standards once
a year, while each SQG will average 42 minutes per year.

Table 2

UNIVERSE OF GENERATORS

WASTE HANDLER TYPE

Total number

TSD

Federal

NUMBER OF WASTE HANDLERS

Large Quantity Generator	14,262	370	300	13,592

Small Quantity Generator	52,732	36

52,696

Total

67,288

HAZARDOUS WASTE DETERMINATION REQUIREMENTS

	            Under 40 CFR 262.11, all generators must determine whether
their solid waste qualifies as hazardous under RCRA.  Generators may
test the waste or use knowledge of the waste to make this determination.

EPA notes that generators must also determine, under the Land Disposal
Restrictions (LDR) Program, whether their hazardous waste is restricted
from land disposal, as required by 40 CFR 268.7(a)(1) and 268.9(a).  EPA
has burdened generators for their LDR determinations in the Land
Disposal Restrictions ICR, Number 1442.

EPA has confirmed through consultations that generators normally make
their hazardous waste and LDR determinations simultaneously and
therefore do not incur a separate burden for each determination.  For
example, a generator would normally make a single request to a
laboratory to determine if its waste is both hazardous and restricted
from land disposal.  Given this reasoning, EPA does not burden
generators in this ICR for making hazardous waste determinations, since
this burden is already reflected in ICR 1442.

LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 3)

 (1)	Labeling

In section 262.34(a)(2) and (3), EPA requires all LQGs to label
containers with the words “Hazardous Waste” and the date of
accumulation.  EPA expects that all LQGs to comply with this
requirement.  In section 262.34 (c)(1) and (2), EPA requires LQGs
accumulating hazardous waste at satellite accumulation areas to label
containers as specified.  EPA expects that all LQGs will comply with
these requirements each year.

(2)	Personnel Training

In section 262.34(a)(4), EPA requires all LQGs to comply with the
personnel training requirements in section 265.16(d).  Section 265.16(d)
and (e) require that LQGs maintain copies of personnel training
documents and records at their facilities.  Based on an examination of
historical BRS data and trends, EPA estimates that about 22 percent, or
2,990 LQGs each year are new entrants into the hazardous waste universe
and will be required to collect information regarding their employees'
training experiences.

(3)	Contingency Planning and Emergency Procedures

This ICR assumes that existing LQGs have already prepared contingency
plans.  Therefore, only new LQGs will be required to document whether
State or local authorities decline to enter into an agreement to become
familiar with the LQG's facility and its wastes, and to prepare and
maintain a contingency plan.  EPA estimates LQGs will need to make
copies of and send the plans to three local authorities, on average.
Amendments to contingency plans of LQGs must also be made when
appropriate. EPA estimates that about 9 percent of the new LQG entrants,
or 272 new LQGs will prepare original contingency plans annually, and
that 10 percent of the LQG universe, or 1,359 LQGs will amend their
contingency plan annually, during the period covered by this ICR.

Based on Emergency Response and Notification System (ERNS) data, the
Agency estimates that about 1.7 percent of all LQGs will have emergency
incidents requiring implementation of the contingency plan.  Therefore,
approximately 231 LQGs will be required to prepare emergency reports
each year.

(4)	Tank Systems

In section 262.34(a)(1), EPA requires all LQGs that accumulate hazardous
waste in tanks for 90 days or less to comply with subpart J of part 265.
 Of all 13,592 LQGs, EPA estimates that 75 percent use containers to
accumulate hazardous waste, and the remaining 25 percent use tank
systems.  The respondent universe for LQGs operating tank systems is
3,398 LQGs.

Depending on how the tank owner desires to comply with the regulations,
he or she may need to submit one or more of the following:  a
no-free-liquids demonstration (§265.190(a)), existing tank system
assessments (§265.191), an equivalent containment exemption
(§265.193(d)), a variance from secondary containment requirements
(§265.193(g)), or annual leak tests and inspections (§265.193(i)).
Most LQGs seeking to operate under these conditions have already made
the required demonstrations.  In general, only LQGs recently subjected
to hazardous waste regulations will need to perform these
demonstrations.    EPA estimates that approximately three percent or 102
respondents are subject to the leak tests and that one percent or 34
LQGs are subject to the other demonstration and testing requirements in
sections 265.190 through 265.193.

In addition, in certain circumstances (e.g., a new tank, a hazardous
waste release, or a repair to a tank), LQGs must submit one or more of
the following:  new tank system assessments and certifications
(§265.192); an exemption from the 24-hour leak detection requirement
(§265.193(e)(3)(iii)); or release notifications and reports, and major
repair certifications (§265.196(d) and (f)).  As these are ongoing
informational requirements, EPA estimates that:

      Three percent or 102 LQGs will need to make new tank system
assessments and certifications.  Of that number, approximately four (4)
facilities will petition for an exemption from the 24-hour leak