SUPPORTING STATEMENT FOR INFORMATION COLLECTION REQUEST NUMBER 1109.XX "ZINC FERTILIZERS MADE FROM RECYCLED HAZARDOUS SECONDARY MATERIALS  FINAL RULE "

April 12, 2002 TABLE OF CONTENTS 1. IDENTIFICATIONOFTHE INFORMATIONCOLLECTION ................. 1 1( a) TITLE ANDNUMBEROFTHEINFORMATIONCOLLECTION .......... 1 1( b) SHORT CHARACTERIZATION .................................... 1 2. NEEDFORANDUSE OFTHECOLLECTION ............................ 3 2( a) NEEDANDAUTHORITYFORTHE COLLECTION .................... 3 2( b) PRACTICALUTILITYANDUSERSOFTHE DATA.................... 5 3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA7 3( a) NON DUPLICATION ............................................. 7 3( b) PUBLICNOTICE ................................................ 7 3( c) CONSULTATIONS............................................... 7 3( d) EFFECTSOFLESSFREQUENTCOLLECTION........................ 7 3( e) GENERALGUIDELINES.......................................... 7 3( f) CONFIDENTIALITY.............................................. 7 3( g) SENSITIVE QUESTIONS ......................................... 8 4. THE RESPONDENTS AND THE INFORMATION REQUESTED .............. 8 4( a) RESPONDENTS AND SIC CODES .................................. 8 4( b) INFORMATIONREQUESTED ..................................... 8 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ................. 13 5( a) AGENCYACTIVITIES........................................... 13 5( b) COLLECTION METHODOLOGY AND MANAGEMENT ............... 13 5( c) SMALLENTITYFLEXIBILITY ................................... 13 5( d) COLLECTIONSCHEDULE....................................... 13 6. ESTIMATINGTHE BURDENANDCOSTOFCOLLECTION ............... 14 6( a) ESTIMATING RESPONDENT BURDEN ............................ 14 6( b) ESTIMATING RESPONDENT COSTS ............................... 14 6( c) ESTIMATINGAGENCYBURDENANDCOST ....................... 15 6( d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS ..................................................... 15 6( e) BOTTOM LINE BURDEN HOURS AND COSTS ...................... 19 6( f) REASONSFORCHANGEINBURDEN.............................. 19 6( g) BURDENSTATEMENT .......................................... 19 EXHIBITS ESTIMATED ANNUAL RESPONDENT BURDEN AND COST (EXHIBIT 1) ......... 21 TOTAL ANNUAL RESPONDENT BURDEN AND COST SUMMARY (EXHIBIT 2) .... 22 ESTIMATED ANNUAL AGENCY BURDEN AND COST (EXHIBIT 3) ............. 23 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This Information Collection Request (ICR) is entitled "Zinc Fertilizers Made from Recycled Hazardous Secondary Materials  Final Rule," ICR Number 1189.XX.

1( b) Short Characterization Under Section 3001 of the Resource Conservation and Recovery Act (RCRA), as amended, EPA is authorized to develop and promulgate regulations identifying the characteristics of hazardous waste and listing particular hazardous wastes which should be subject to EPA's hazardous waste regulatory system. Under this authority, EPA promulgated regulations at 40 CFR Part 261 that identify hazardous characteristics (Subpart C) and list hazardous wastes (Subpart D). Part 261 also includes, among other things, procedures for making a hazardous waste determination and exclusions from the definition of solid and hazardous waste.

EPA has now revised the regulations at Part 261 that apply to recycling of hazardous secondary materials to make zinc fertilizer products. The rule establishes a more consistent regulatory framework for these recycling practices, and establishes conditions for excluding such hazardous secondary materials from the definition of solid waste under RCRA. Under the rule, zinc fertilizer manufacturers and their suppliers will be able to manage hazardous secondary materials outside the current RCRA "cradle to grave" hazardous waste management system, provided they meet certain conditions involving storage of the material, and reporting and recordkeeping. In this sense the rule is deregulatory in nature, and will relieve industry from a number of information collection requirements that apply under current hazardous waste regulations. The rule also establishes new limits on contaminants in zinc fertilizers made from hazardous secondary materials, and specifies conditions for notification, reporting and recordkeeping, and testing of fertilizer products.

With regard specifically to paperwork requirements, the rule requires generators of zincbearing hazardous waste secondary materials and manufacturers of zinc fertilizer or zinc fertilizer ingredients participating in the conditional exclusion to submit one time notices to EPA (or the authorized State) as specified, and keep on site records of shipments of excluded secondary materials. Manufacturers also must conduct annual reporting, periodic product sampling/ analysis, and recordkeeping of analytical data.

In Sections 1 through 5 of this ICR, EPA presents a comprehensive description of the new information collection requirements in the rule. In Section 6, EPA estimates the total annual burden and cost to respondents and government associated with these new paperwork requirements under the rule. In addition, EPA estimates in Section 6( d) the burden and cost savings to respondents for no longer needing to manage zinc bearing secondary materials as hazardous waste under the existing RCRA paperwork requirements. In Section 6( e), EPA 1 presents the combined burden and costs under the new and previous requirements.

In the following paragraphs, EPA briefly describes the new information collection requirements that are contained in the rule.

Notification for Generators and Intermediate Handlers New 40 CFR 261.4( a)( 20)( ii)( A) requires generators and intermediate handlers of zincbearing hazardous waste secondary materials that are to be incorporated into zinc fertilizers to submit a one time notification to the Regional Administrator or State Director. The notification includes the name, address and EPA ID number of the generator facility, and specifies when the facility intends to begin managing secondary materials under the conditions of the exclusion.

Record of Shipments for Generators and Intermediate Handlers New 40 CFR 261.4( a)( 20)( ii)( D) requires secondary material generators and intermediate handlers to keep records of shipments of excluded hazardous secondary materials. The shipping records at a minimum will provide the name of the transporter and date of the shipment; the name and address of the fertilizer manufacturer who received the excluded material; and the type and quantity of excluded secondary material in each shipment. Generators will need to keep shipping records for at least three years.

Notification for Manufacturers New 40 CFR 261.4( a)( 20)( iii)( B) requires manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to submit a one time notification to the Regional Administrator or State Director. The notification will need to include the name of the manufacturer, address and EPA ID number of the manufacturing facility; and must specify when the facility intends to begin managing secondary materials under the conditions of the exclusion.

Records of Shipments for Manufacturers Under 40 CFR 261.4( a)( 20)( iii)( C), manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials will need to maintain for a minimum of three years records of all shipments of excluded secondary materials received by the manufacturers. The records will include the name and address of the generating facility; the name of the transporter and date the materials were received; the quantity received; and a brief description of the industrial process that generated the waste. 2 Annual Report for Manufacturers Under 40 CFR 261.4( a)( 21)( iii)( D), manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials will need to submit to the Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizer or zinc fertilizer ingredients in the previous year; the name and address of each generating facility; and the industrial process( es) from which the materials were generated.

Product Sampling and Analysis for Manufacturers Under 40 CFR 261.4( a)( 21)( ii), the manufacturer will need to perform sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product( s) that is introduced into commerce.

Under 40 CFR 216.4( a)( 21)( iii), the manufacturer will also need to maintain records of these activities for no less than three years. The records will include the dates and times product samples were taken, and the dates the samples were analyzed; the names and qualifications of the person( s) taking the samples; a description of the methods and equipment used to take the samples; the name and address of the laboratory facility at which analyses of the samples were performed; a description of the analytical methods used, including any cleanup and sample preparation methods; and all laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection EPA is authorized to require information collection pursuant to RCRA Section 2002, which authorizes EPA to prescribe regulations, including information collection requirements, as are necessary to carry out the hazardous waste program. Under this authority, EPA has finalized new conditions for reporting and recordkeeping by generators and manufacturers, which are designed primarily to improve and streamline government oversight over the handlers of excluded materials (e. g., generators and manufacturers). These conditions replace the previous hazardous waste regulatory requirements for reporting and recordkeeping. The need for these reporting and recordkeeping requirements is further described in the following paragraphs. 3 Notification for Generators and Intermediate Handlers The rule requires generators and intermediate handlers of excluded hazardous secondary materials to submit a one time notice to the EPA Regional Administrator (or the state Director in an authorized state) identifying the name, location and EPA ID number of the generating facility, and when the facility intends to begin managing hazardous secondary materials according to the terms of the conditional exclusion. Regulatory agencies need this minimum amount of information to readily identify for tracking and enforcement purposes the generators who supply excluded secondary materials to zinc fertilizer producers.

Record of Shipments for Generators and Intermediate Handlers The rule requires generators and intermediate handlers to maintain records of all shipments of excluded hazardous secondary materials for a minimum of three years. These records will be needed to identify for each shipment the name of the transporter, date of the shipment, name and location of the fertilizer manufacturer who received the shipment, the quantity shipped and a brief description of the excluded material in the shipment. These requirements are somewhat analogous to the current requirements for shipping hazardous wastes under manifests and maintenance of manifest records. Copies of manifests are typically kept at the generator's facility, though some states require copies of manifests to be submitted to the state agency.

Notification for Manufacturers As a condition of the exclusion, manufacturers will need to submit a one time notice to the state Director or Regional Administrator that identifies the name and location of the manufacturing facility, and when the manufacturer intendes to begin managing hazardous secondary materials under the terms of the exclusion in this rule. The intent of this one time notice is to provide regulators with knowledge of which manufacturers intend to make use of the conditional exclusion, and when.

Record of Shipments for Manufacturers The rule requires manufacturers to retain for a minimum of three years records of all shipments of excluded hazardous secondary materials that were received by the zinc fertilizer manufacturer during that period. This recordkeeping condition is intended to enhance the capability of regulatory agencies to (when necessary) track and account for shipments of excluded secondary materials.

Annual Report for Manufacturers The rule requires each zinc fertilizer manufacturer who uses excluded hazardous secondary materials to submit to the appropriate regulatory agency an annual report that identifies the types, quantities and origins of all such excluded materials that were received by the 4 manufacturer in the preceding year. This new requirement is intended to ensure an adequate tracking and accountability system for these excluded materials.

Product Sampling and Analysis for Manufacturers The rule requires manufacturers of conditionally excluded zinc fertilizer products to sample and analyze their products at least once every six months for the purpose of demonstrating compliance with the product specifications for metals, and at least once per year for dioxins. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. As a practical matter, EPA believes that fertilizer manufacturers typically sample and analyze their products for contaminants on more or less an ongoing basis, as a means of monitoring quality control. EPA believes that the testing requirements are reasonable, and will likely impose only minor additional testing burdens on manufacturers.

2( b) Practical Utility and Users of the Data In the following paragraphs, EPA discusses how the data required under the rule will be used and identifies the primary users.

Notification for Generators and Intermediate Handlers This reporting requirement is analogous to the current requirement for generators of excluded secondary materials, which requires the generator to place a similar one time notice in the generator facility's on site files. However, the requirement enhances regulatory agencies' tracking and oversight capabilities, since the information would be submitted directly to the overseeing agency, rather than being maintained in the facility's files.

Record of Shipments for Generators and Intemediate Handlers The recordkeeping conditions should enable regulatory agencies to more accurately track shipments of excluded materials for compliance and enforcement purposes (e. g., if requested by on site EPA inspectors). It is consistent with normal business recordkeeping practices, and is not expected to impose significant additional paperwork burdens on generators.

Notification for Manufacturers This notice replaces and streamlines the current notification requirements for hazardous waste recyclers who make products used in a manner constituting disposal, as specified in existing 40 CFR 268.7( b)( 6). Under those requirements, manufacturers of hazardous waste derived fertilizers must submit to the overseeing agency an LDR certification statement, and certain other information relating to compliance with LDR treatment standards, for each shipment of fertilizer products. While it may be reasonable and desirable for regulatory agencies to be informed as to 5 which companies are making zinc fertilizer from excluded secondary materials and what materials they intend to use, the Agency does not believe that it is necessary to require reporting on every shipment of fertilizer products, especially in light of the proposed annual reporting requirement for manufacturers.

Record of Shipments for Manufacturers These recordkeeping conditions will enable regulatory agencies (e. g., on site EPA inspectors) to more accurately track shipments of excluded materials for compliance and enforcement purposes. It is consistent with normal business recordkeeping practices, and is not expected to impose significant additional paperwork burdens on manufacturers.

Annual Report for Manufacturers The annual report will be used to enhance the ability of regulatory agencies to assess compliance with regulatory requirements by manufacturers and to understand the management and recycling practices being undertaken.

Product Sampling and Analysis for Manufacturers Under the rule, manufacturers will need to sample and analyse fertilizers to determine compliance with the contaminant limits in the rule. This will provide overseeing agencies with data to establish the manufacturers' compliance with this condition of the exclusion.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication None of the new information required by the rule is duplicative with any information required by the existing RCRA regulations.

3( b) Public Notice EPA published the proposed rule in the Federal Register and solicited public comments. To assist the public in commenting on the proposal, EPA raised a number of issues in the preamble about the proposed rule and asked for the public to comment on them. EPA also held a public hearing on the rule, on November 29, 2001. EPA has reviewed all of the comments received, and has responded to those comments in the preamble to the final rule, and in the response to comments document prepared in support of this final action. 6 3( c) Consultations EPA held stakeholder meetings on hazardous waste derived fertilizers on November 12 13, 1998, and met with a number of other stakeholders, including regulated companies, public interest groups, state regulatory officials, and others. The views of the various stakeholders were considered and incorporated as appropriate in the final rulemaking.

3( d) Effects of Less Frequent Collection EPA has carefully considered the burden imposed upon the regulated community by this rule. EPA is confident that those activities required of respondents are necessary, and to the extent possible, the Agency has attempted to minimize the burden imposed. EPA believes strongly that, if the minimum information collection requirements of the rule are not met, neither the industry nor regulatory agencies will be able to ensure that this recycling practice is being conducted according to the requirements and conditions of the regulation.

3( e) General Guidelines This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, 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 defines EPA's general policy on public disclosure of information, contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert claims of confidentiality with regard to complying with this rule. If such a claim is asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privacy Act of 1974 and OMB Circular 108.

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC Codes Entities affected by this proposed rulemaking will be generators of zinc bearing hazardous waste secondary materials, and manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials. The following is a list of North American Industrial Classification System (SIC) codes associated with the generators and manufacturers 7 that may be affected by the information collection requirements covered under this ICR.

NAICS Code Industrial Sector 32532 Fertilizer manufacturing 32531 Zinc sulfide manufacturing 331111 Iron and steel mills 331419 Zinc refining, primary 331492 Zinc dust reclaiming 562112 Hazardous waste collection 4( b) Information Requested In the following paragraphs, EPA describes the new information collection requirements under the rule.

(1) Notification for Generators and Intermediate Handlers 40 CFR 261.4( a)( 20)( ii)( A) requires generators and intermediate handlers of zinc bearing hazardous waste secondary materials that are to be incorporated into zinc fertilizers to submit a one time notification to the Regional Administrator or State Director.

(i) Data Items The one time notification must include the following information:

° Name, address and EPA ID number of the generator facility;

° When the facility intendes to begin managing hazardous secondary materials in accordance with the conditions in the rule.

(ii) Respondent Activity ° Complete and submit the one time notification.

(2) Record of Shipments for Generators and Intermediate Handlers 40 CFR 261.4( a)( 20)( ii)( C) requires secondary materials generators and intermediate handlers to keep records of shipments of excluded hazardous secondary materials for no less than three years.

(i) Data Items 8 The shipping records must at a minimum contain the following information:

° Name of the transporter and date of the shipment;

° Name and address of the fertilizer manufacturer who received the excluded material; and ° Type and quantity of excluded secondary material in each shipment.

(ii) Respondent Activity ° Keep the following records of shipping activities:

S Name of the transporter and date of the shipment;

S Name and address of the fertilizer manufacturer who received the excluded material; and S Type and quantity of excluded secondary material in each shipment.

(3) Notification for Manufacturers 40 CFR 261.4( a)( 20)( iii)( B) requires manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials to submit a one time notification to the Regional Administrator.

(i) Data Items The one time notification must include the following information:

° Name of the manufacturer, address and EPA ID number of the manufacturing facility; and ° When the facility intendes to begin managing hazardous secondary materials in accordance with the conditions in the rule.

(ii) Respondent Activity ° Complete and submit the one time notification.

(4) Record of Shipments for Manufacturers Under proposed 40 CFR 261.4( a)( 20)( iii)( C), manufacturers of zinc fertilizers or zinc 9 fertilizer ingredients made from excluded hazardous secondary materials must maintain for a minimum of three years records of all shipments of excluded secondary materials received by the manufacturers.

(i) Data Items The shipping records would at a minimum contain the following information:

° Name and address of the generating facility;

° Name of transporter and date the materials were received;

° Quantity received; and ° Brief description of the industrial process that generated the waste.

(ii) Respondent Activity ° Keep the following records:

S Name and address of the generating facility;

S Name of transporter and date the materials were received;

S Record of the quantity received; and S Brief description of the industrial process that generated the waste.

(5) Annual Report for Manufacturers Under 40 CFR 261.4( a)( 20)( iii)( D), manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must submit to the Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizer or zinc fertilizer ingredients in the previous year.

(i) Data Items The annual report must include the following:

° Record of the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizer or zinc fertilizer ingredients in the previous year; 10 ° Name and address of each generating facility; and ° The industrial process( es) from which the materials were generated.

(ii) Respondent Activity ° Complete and submit the annual report.

(6) Product Sampling and Analysis for Manufacturers Under 40 CFR 261.4( a)( 21)( ii), the manufacturer must perform sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product( s) that is introduced into commerce. The recordkeeping requirements for product sampling and analysis are listed in 40 CFR 261.4( a)( 21)( iii), and require the manufacturer to maintain specified sampling/ analysis records for no less than three years.

(i) Data Items The records of sampling/ analysis must include the following:

° The dates and times product samples were taken, and the dates the samples were analyzed;

° The names and qualifications of the person( s) taking the samples;

° A description of the methods and equipment used to take the samples;

° The name and address of the laboratory facility at which analyses of the samples were performed;

° A description of the analytical methods used, including any cleanup and sample preparation methods; and ° All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph.

(ii) Respondent Activities ° Sample and analyze the product as specified; and 11 ° Keep records of all sampling and analyses for three years.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities The Agency activities associated with the rule include processing the one time notifications received from generators and manufacturers under 40 CFR 261.4( a)( 20)( ii)( B) and 40 CFR 261.4( a)( 20)( iii)( B), respectively, and the annual reports received from manufacturers under 40 CFR 261.4( a)( 20)( iii)( D). The Agency burden and costs associated with these activities are estimated in Exhibit 3.

5( b) Collection Methodology and Management In collecting and analyzing the information required under the zinc fertilizer regulations, EPA uses electronic equipment such as personal computers and applicable database software, when appropriate.

5( c) Small Entity Flexibility The conditional exclusion is intended to be de regulatory, and would relieve both small and large generators of secondary fertilizer materials from most of the RCRA hazardous waste program requirements, as specified. In addition, EPA has kept the paperwork requirements under the conditional exclusion as streamlined and as consistent with standard industry practices as possible, to thereby minimize the burden on both large and small entities.

5( d) Collection Schedule The rule would require generators to submit to EPA a one time notification of their intent to begin managing hazardous secondary materials under the terms of the exclusion. Generators would keep a record on site of all shipments of hazardous secondary materials for at least three years. The rule also requires manufacturers to sample and analyze the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. In addition, manufacturers will submit an annual report to EPA describing the hazardous secondary materials used to make zinc fertilizer. Manufacturers also must keep a record of all shipments of hazardous secondary materials received for at least three years. 1 The $1,800 estimate for laboratory costs is taken from the March 6, 2000 proposed "Land Disposal Restrictions," ICR No. 1442.17.

12 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden In Exhibit 1, EPA estimates the respondent burden associated with the new paperwork requirements in the proposed rule. As shown in the exhibit, EPA estimates that the total annual respondent burden for the new paperwork requirements in the rule is approximately 61 hours per year.

6( b) Estimating Respondent Costs EPA estimates that the total annual respondent cost for the new paperwork requirements in the rule is approximately $12,653. This cost includes annual labor, capital, and operation and maintenance (O& M) costs to be incurred by respondents affected by the information collection requirements covered in this ICR. Specific data and/ or assumptions used in developing these costs are described below.

Labor Costs For purposes of this analysis, EPA estimates an average hourly respondent labor cost of $90 for legal staff, $69.30 for managerial staff, $54.33 for technical staff, and $24.29 for clerical staff. These estimates include overhead and fringe costs and are consistent with the labor rates in the "Part B Permit Application, Permit Modification, and Special Permits ICR" No. 1573.

Annual Capital and Operation & Maintenance Costs Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements of the proposed rule.

O& M costs are those costs associated with paperwork requirements incurred continually over the life of the ICR. They are defined by the EPA as "the recurring dollar amount of costs associated with O& M or purchasing services." EPA expects that the only respondent O& M costs incurred under the rule will be for generators and manufacturers to make submittals to the Agency (i. e., $3. 00 in certified mailing costs) and for manufacturers to sample their products (i. e., $1, 800 in annual laboratory costs). 1 2 These universe assumptions are based on the document, "Economic Analysis for Regulatory Modifications to the Definition of Solid Waste for Zinc Containing Hazardous Waste Derived Fertilizers, Notice of Final Rulemaking."

13 6( c) Estimating Agency Burden and Costs Agency labor costs are based on the 2000 GS pay schedule. EPA estimates an average hourly labor cost of $59.50 for legal staff (GS 15, Step 1), $55.65 for managerial staff (GS 14, Step 4), $40.80 for technical staff (GS 12, Step 5), and $16.38 for clerical staff (GS 5, Step 1). To derive these hourly estimates, EPA divided the annual compensation estimates by 2, 080, which is the number of hours in the Federal work year, and then multiplied the hourly rates by the standard government overhead factor of 1.6.

Exhibit 3 shows the annual burden and costs to the Agency for collecting information under the rule. As shown in Exhibit 3, EPA estimates that the total annual burden and cost to the Agency would be approximately seven hours and $244.

6( d) Estimating the Respondent Universe and Total Burden and Cost Respondent Universe In Exhibit 1, EPA provides estimates of the annual number of respondents that will be required to comply with the new paperwork requirements in the proposed rule. In the same exhibit, EPA estimates respondent burden and costs associated with these requirements. Table 1 presents the number of respondents that are expected to participate under the rule. 2 As shown in the table, EPA estimated that 24 generators of zinc bearing secondary materials used to make fertilizers and five manufacturers of zinc fertilizers or zinc fertilizer ingredients will participate in the proposed conditional exclusion. 14 Table 1 Number of Generators of Zinc Bearing Secondary Materials Used in Fertilizer and Manufacturers of Zinc Fertilizers or Zinc Fertilizer Ingredients Type of Waste Handler Number of Affected Entities Under Rule Generators of Zinc Bearing Secondary Materials Used in Fertilizer Steel Mill 1 Ingot Makers 9 Brass Foundries 5 Brass Mills 9 Subtotal 24 Manufacturers of Zinc Fertilizer or Zinc Fertilizer Ingredients 5 Total Number of Affected Entities 29 Respondent Burden and Cost In the following paragraphs, EPA discusses the universe assumptions of Table 1 in regard to the paperwork requirements in the proposed rule.

Reading the Regulations As shown in Exhibit 1, EPA estimates that 24 generators and five manufacturers will read the rule for zinc fertilizers each year. Thus, in total, EPA expects 29 generators and manufacturers to read the rule annually.

Notification for Generators EPA expects that 24 generators will be required to submit one time notices to EPA of their activities under 40 CFR 261.4( a)( 20)( ii)( B). [Note that Exhibit 1 presents annual burden and costs over the three year effective life of this ICR. The exhibit presents the burden and cost of one time activities by dividing the total number of respondents by three.]

Record of Shipments for Generators EPA expects that 24 generators will be required to keep records of off site shipments of secondary materials each year, as required under 40 CFR 261.4( a)( 20)( ii)( C). Note that EPA 3 This $1,800 estimate is obtained from the proposed "Land Disposal Restrictions" ICR, No. 1442.17, dated March 6, 2000.

15 expects generators to incur negligible burden for this activity since they would most likely keep such records as a standard business practice (e. g., invoices or shipping papers).

Notification for Manufacturers Under 40 CFR 261.4( a)( 20)( iii)( B), five manufacturers of zinc bearing fertilizer products are expected to submit one time notices to EPA of their activities. During the three year effective life of the ICR, this equates to approximately 1.3 manufacturers per year.

Record of Shipments for Manufacturers Under 40 CFR 261.4( a)( 20)( iii)( C), five manufacturers are expected to keep records of off site shipments received each year from generators of zinc bearing secondary materials. EPA expects that the manufacturers would incur negligible burden for this activity since they would most likely keep such records as a standard business practice (e. g., invoices or shipping papers).

Annual Report for Manufacturers EPA expects the five manufacturers to submit a report of their recycling activities once each year under proposed 40 CFR 261.4( a)( 20)( iii)( D).

Product Sampling and Analysis for Manufacturers EPA expects that the five manufacturers will perform sampling and analysis and keep records as specified under 40 CFR 261.4( a)( 21)( ii). EPA expects that they would incur approximately $1, 800 in annual laboratory costs for these activities. 3 Total Respondent Burden and Cost In Exhibit 2, EPA presents a summary of the total annual respondent burden and costs associated with both new and existing paperwork requirements. The specific information collection activities of the new paperwork requirements are described throughout this ICR, and the total annual burden and cost estimates associated with them are calculated in Exhibit 1, summarized in Exhibit 2, and briefly described below. The existing paperwork requirements are those that are contained in the current RCRA regulations and that apply to generators of secondary materials and manufacturers of zinc fertilizer or zinc fertilizer ingredients, as applicable. These existing requirements, the existing ICRs with which they are associated, and the total annual burden and cost associated with them also are summarized in Exhibit 2 and briefly described below. 16 New Paperwork Requirements Using the per respondent burden estimated in Section 6( a), the per respondent costs estimated in Section 6( b), and the respondent universe estimated in this section, Exhibit 1 illustrates the total respondent burden and costs associated with all of the new information collection activities in the proposed rule. As noted above, this exhibit presents the annual burden and costs over the three year effective life of the ICR. The exhibit calculates the burden and cost of one time activities by dividing the total number of respondents by three. In Exhibit 2, EPA summarizes the total annual respondent burden and cost of these new paperwork requirements derived in Exhibit 1.

Existing Paperwork Requirements In addition to the new paperwork requirements in the proposed rule, EPA also estimated the burden and cost savings that generators and manufacturers would expect for no longer following the existing RCRA information collection requirements for the excluded materials. In Exhibit 2, EPA presents the total annual respondent burden and cost savings under the existing paperwork requirements, broken out by the five existing EPA ICRs that are affected by the rule. In developing Exhibit 2, EPA reviewed each of the affected ICRs to identify the existing information collection activities that are currently undertaken by generators and manufacturers, calculated the associated burden and costs (or savings), and presented the totals in the exhibit.

The total costs in Exhibit 2 are broken down into labor, capital, and operation and maintenance (O& M) costs. In Section 6( b), EPA presents a discussion of the capital and O& M costs associated with new paperwork requirements from the rule. In the following paragraph, EPA presents a brief discussion of the capital and O& M costs associated with each of the existing ICRs that are affected by the rule.

There are no O& M costs associated with the Generator Standards ICR (ICR No. 820) or with the Specific Units ICR (ICR No. 1572). For the Biennial Report ICR (ICR No. 976), O& M costs are associated with submitting the Hazardous Waste report and maintaining copies of Waste Generation and Management (GM) and Waste Received from Off Site (WR) forms. For the General Facility Standards ICR (ICR No. 1571), the O& M costs are associated with performing a waste analysis twice annually and submittal of documents to EPA. For the Part B ICR (ICR No. 1573), O& M costs are associated with submitting the Part B application materials to EPA. Capital costs are not associated with any of these ICRs except for one. For the General Facility Standards ICR (ICR No. 1571), capital costs are associated with keeping the operating record in a filing cabinet. 17 6( e) Bottom Line Burden Hours and Costs Respondent Tally In Exhibit 2, EPA presents the total annual respondent burden and cost for both new and existing paperwork requirements associated with the rule. As described specifically in Section 6( d) above, these new and existing paperwork requirements apply to generators and intermediate handlers of zinc bearing secondary materials used in fertilizers and manufacturers of zinc fertilizer or zinc fertilizer ingredients. As shown in Exhibit 2, the total annual respondent burden for these new paperwork requirements is approximately 61 hours, at an annual cost of $12,653. As also shown in Exhibit 2, the total annual respondent burden savings under the existing paperwork requirements, which are associated with five existing EPA ICRs, is 408 hours, at annual cost savings of approximately $21,149. In the same Exhibit 2, EPA then combines the burden and cost impacts under both new and existing paperwork requirements and estimates the total annual respondent burden savings for all information collection activities at 348 hours and an annual cost savings of approximately $8,496.

The bottom line respondent burden hours saved over the three year period covered by this ICR is approximately 1,044 hours, at a total cost savings of $25,488.

Agency Tally In Exhibit 3, EPA presents the total annual Agency burden or cost associated with this rule. As shown in Exhibit 3, the total annual Agency burden for these new paperwork requirements is seven hours, at an annual cost of approximately $244.

The bottom line Agency burden over the three year period covered by this ICR is 21 hours, at a total cost of approximately $735.

6( f) Reasons for Change In Burden In finalizing the conditional exclusion at 40 CFR 261.4( a)( 20) and (21), EPA will relieve generators and intermediate handlers of hazardous secondary materials used in fertilizer manufacturing from existing RCRA Subtitle C regulations for that waste. Manufacturers receiving and processing these secondary materials also will be relieved of RCRA regulations for that waste. These generators, intermediate handlers and manufacturers will only need to comply with a tailored set of conditions in generating, transporting and otherwise managing these secondary wastes under RCRA.

6( g) Burden Statement The public reporting burden for generators of zinc bearing secondary materials under the new paperwork requirements is estimated to be about 21 minutes over the three year life of this 18 ICR. This includes time for preparing and submitting the one time notification to EPA. (This one time burden of 21 minutes equates to an annualized burden of 7 minutes per year, if annualized of the three year life of this ICR.) The recordkeeping burden for these generators under the new paperwork requirements is estimated to be about one hour and 21 minutes per year. This includes time for reading the rule and keeping records of offsite shipments of zincbearing secondary materials.

The public reporting burden for manufacturers of zinc bearing fertilizer or fertilizer ingredients under the new paperwork requirements is estimated to range from about two hours and 45 minutes to three hours per year. This includes time for preparing and submitting the onetime notice and an annual report to EPA. The recordkeeping burden for these manufacturers under the new paperwork requirements is estimated to be about two hours and 27 minutes per year. This includes time for reading the rule, keeping records of offsite shipments of zinc bearing secondary materials, performing sampling/ analysis as specified, and keeping records of the sampling/ analysis.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 1.

Send comments on the Agency's need for this information, the accuracy of the burden estimates contained in the ICR, and any suggestions for reducing the burden, to the Director, Regulatory Information Division, Office of Policy, U. S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C., 20503. 19 EXHIBIT 1 ESTIMATED ANNUAL RESPONDENT BURDEN AND COST Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $90.00/ hr Manager $69.30/ hr Technical $54.33/ hr Clerical $24.29/ hr Respon. Hours/ Year Labor Cost/ Year Capital/ Startup Costs O& M Costs Number of Respondents Total Hours/ Year Total Cost/ Year Read the Regulations 0.

25 0. 5 0.5 0 1.

25 $

84.32 $0. 00 $0.00 20 25 $

1,

686.30 Complete and submit notification 0 0. 1 0.25 0 0.

35 $

20. 51 $0. 00 $3.00 5 1.

75 $

117.56 Keep records of shipping activities 0 0 0 0.1 0. 1 $

2.

43 $0. 00 $0.00 16 1.6 $

38. 86 Subtotal varies varies varies varies varies varies $0. 00 varies varies 3.

35 $

156.43 Complete and submit notification 0 0. 1 0.25 0 0.

35 $

20. 51 $0. 00 $3.00 1. 3 0.

455 $

30. 57 Keep records of shipping activities 0 0 0 0.1 0. 1 $

2.

43 $0. 00 $0.00 4 0. 4 $

9.

72 Complete and submit the annual report 0 0.25 2 0. 5 2.

75 $

138.13 $0. 00 $3.00 4 11 $

564.52 Sample and analyze the product 0 0 1 0 1$

54.

33$ 0.

00$ 1,

800.

0044$

7,

417. 32 Keep sampling and analysis records 0 0 0 0.1 0. 1 $

2.

43 $0. 00 $0.00 4 0. 4 $

9.

72 Subtotal varies varies varies varies varies varies $0. 00 varies varies 16. 255 $

8,031.84 Total varies varies varies varies varies varies $0. 00 varies varies 44. 605 $

9,874.56 Product sampling and analysis (261. 4(

a)(

21)( ii)

and (iii)) Requirements for Generators Requirements for Manufacturers Record of shipments (261. 4(

a)(

20)( iii)( C)) Annual report (261. 4(

a)(

20)( iii)( D) Reading the Regulations

Generators and Manufacturers Notification (261. 4(

a)(

20)( ii)( B)) Record of shipments (261. 4(

a)(

20)( ii)( C)) Notification (261. 4(

a)(

20)( iii)( B)) 20 EXHIBIT 2 ESTIMATED ANNUAL RESPONDENT BURDEN AND COST SUMMARY (INCLUDING INCREMENTAL INCREASE IN PAPERWORK BURDEN FOR EXISTING ICRS) Requirements for Zinc Fertilizers Made from Recycled Hazardous Secondary Materials 45 $2, 644 $0 $7, 231 $9, 875 Generator Standards 820 3 $

154 $0 $0 $

154 Biennial Report 976 2 $

150 $0 $ 2 $

152 General Facility Standards 1571 279 $

12, 464 $

181 $ 1,

506 $

14,151 Specific Units 1572 87 $ 4,

650 $0 $0 $

4,650 Part B Permit Application, Permit Modifications, and Special Permits 1573 37 $ 2,

042 $0 $ 1 $

2,043 Subtotal N/ A 408 $

19, 460 $

181 $ 1,

509 $

21,149 TOTAL N/ A 364 $

16, 816 $

181 $5, 722 $

11,275 Existing Paperwork Requirements ICR Name ICR Number Total Hours/ Year New Paperwork Requirements Total Labor Cost/ Year Total Annual Capital Cost Total Annual O& M Cost Total Cost 21 EXHIBIT 3 ESTIMATED ANNUAL AGENCY BURDEN AND COST Hours and Costs per Respondent Total Hours and Costs INFORMATION COLLECTION ACTIVITY Legal $59.50/ hr Manager $55. 65/ hr Technical $40. 80/ hr Clerical $16.38/ hr Respon. Hours/ Year Labor Cost/ Year Capital/ Startup Costs O& M Costs Number of Respondents Total Hours/ Year Total Cost/ Year Receive and process notification 0 0 0.

25 0. 1 0.35 $

11. 84 $0.00 $0.00 5 1.

75 $

59. 19 Receive and process notification 0 0 0.

25 0. 1 0.35 $

11. 84 $0.00 $0.00 1.3 0.

455 $

15. 39 Receive and process the annual report 0 0 1 0. 1 1.1 $

42. 44 $0.00 $0.00 4 4. 4 $

169.75 Total varies varies varies varies varies varies $0.00 $0.00 varies 6.

605 $

244.34 Generator Notifications Notification (261. 4(

a)(

20)( iii)( B)) Annual report (261.4( a)(

20)( iii)( D) Notification (261. 4(

a)(

20)( ii)( B)) Manufacturer Notifications and Annual Reports