0262ss12

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 0262.12

"RCRA HAZARDOUS WASTE PERMIT APPLICATION

AND MODIFICATION, PART A (Renewal)"

January 2009

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 2

2(b) USE AND USERS OF THE DATA 2

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) NONDUPLICATION 3

3(b) PUBLIC NOTICE 4

3(c) CONSULTATIONS 4

3(d) EFFECTS OF LESS FREQUENT COLLECTION 4

3(e) GENERAL GUIDELINES 4

3(f) CONFIDENTIALITY 4

3(g) SENSITIVE QUESTIONS 5

4. RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS AND NAICS CODES 5

4(b) INFORMATION REQUESTED 6

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

5(a) AGENCY ACTIVITIES 11

5(b) COLLECTION METHODOLOGY AND MANAGEMENT 11

5(c) SMALL ENTITY FLEXIBILITY 11

5(d) COLLECTION SCHEDULE 12

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN 13

6(b) ESTIMATING RESPONDENT COSTS 13

6(c) ESTIMATING FEDERAL AGENCY BURDEN AND COST 13

6(d) ESTIMATING STATE AGENCY BURDEN AND COST 14

6(e) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS 14

6(f) BOTTOM LINE BURDEN HOURS AND COSTS 15

6(g) REASONS FOR CHANGE IN BURDEN 15

6(h) BURDEN STATEMENT 16

EXHIBITS

ESTIMATED RESPONDENT BURDEN AND COST (EXHIBIT 1) 17

ESTIMATED FEDERAL BURDEN AND COST (EXHIBIT 2) 18

ESTIMATED STATE BURDEN AND COST (EXHIBIT 3) 19

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This ICR is entitled "RCRA Hazardous Waste Permit Application and Modification, Part A (Renewal)," ICR number 0262.12.

1(b) SHORT CHARACTERIZATION

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

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

Part A Permit Application

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

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

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

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED AND AUTHORITY FOR THE COLLECTION

This section describes the need and authority for each type of information collection analyzed in this ICR.

Part A Permit Application

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

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

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

2(b) PRACTICAL UTILITY AND USERS OF THE DATA

Part A Permit Application

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

 Set priorities for processing permit applications;

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

 Respond to public and Congressional inquiries regarding particular hazardous waste management facilities; and

 Ensure that facilities are not operating in a manner unprotective of human health and the environment.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

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

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a) NONDUPLICATION

There are no other Federal agencies with a hazardous waste permit program, and information collected from a RCRA Part A Permit Application is the minimum information necessary to fulfill the statutory requirements of RCRA Section 3005. Similarly, the information requested in §270.72 for interim status facility changes is not available from other data sources. Any duplication of information collection requirements between a Part A Permit Application and EPA Form 8700-12 (for RCRA Section 3010 notification) is necessary for proper identification of the facility and proper form management. The information collection requirements associated with EPA Form 8700-12 and RCRA Section 3010 notification are addressed in the "Notification of Regulated Waste Activity," ICR No. 261.13.

Under section 3006 of RCRA, EPA began in fiscal year 1982 to authorize States to carry out permitting activities in lieu of the Federal program. In order to obtain authorization, the States must agree to collect the same information as EPA collects. Although the States are not required to use the same form that EPA uses, the Agency strongly encourages this for national consistency. Facilities applying for a permit or change in interim status in an authorized State are required to file only with the State.

3(b) PUBLIC NOTICE

In compliance with the Paperwork Reduction Act of 1995 EPA issued a public notice in the Federal Register on September 8, 2008 (73 FR 52039). No comments were received in response to the notice.

3(c) CONSULTATIONS

The burden hours and cost estimates for this ICR have been well established and verified. No additional consultations were made for this ICR.

3(d) EFFECTS OF LESS FREQUENT COLLECTION

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

3(e) GENERAL GUIDELINES

This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's Information Collection Review Handbook, and other applicable OMB guidance.

3(f) CONFIDENTIALITY

All information submitted in a Part A Permit Application or revision will be subject to public disclosure, without notice to the facility, in accordance with the Freedom of Information Act, 5 U.S.C. section 552, and EPA Freedom of Information Regulations, 40 CFR Part 2. Because of the general nature of the information requested, only a few Part A Permit Applications to date have qualified for exemption to disclosure under the business confidentiality exception. Claims of confidentiality must be clearly indicated on the forms and attachments, and must be accompanied, at the time of filing, by a written substantiation of the claim in accordance with 40 CFR Part 2, Subpart B (particularly the information described at 40 CFR section 2.204(e).) Information that is determined to be confidential is placed in a secured "confidential file" for future use. Only persons with special clearance for confidential information have access to these files.

3(g) SENSITIVE QUESTIONS

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

4. RESPONDENTS AND THE INFORMATION REQUESTED

4(a) RESPONDENTS AND NAICS CODES

The following is a list of NAICS codes associated with the facilities most likely to be affected by the Part A Permit Application and permit modifications under this ICR:

NAICS Code

221121 Electric Bulk Power Transmission and Control

221122 Electric Power Distribution

22132 Sewage Treatment Facilities

311942 Spice and Extract Manufacturing

323114 Quick Printing

32411 Petroleum Refineries

325131 Inorganic Dye and Pigment Manufacturing

325199 All Other Basic Organic Chemical Manufacturing

325211 Plastics Material and Resin Manufacturing

32551 Paint and Coating Manufacturing

325998 All Other Miscellaneous Chemical Product Manufacturing

331311 Alumina Refining

33271 Machine Shops

332813 Electroplating, Plating, Polishing, Anodizing, and Coloring

332999 All Other Miscellaneous Fabricated Metal Product Manufacturing

333319 Other Commercial and Service Industry Machinery Manufacturing

333999 All Other General Purpose Machinery Manufacturing

33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing

334418 Printed Circuit/Electronics Assembly Manufacturing

334419 Other Electronic Component Manufacturing

336211 Motor Vehicle Body Manufacturing

336312 Gasoline Engine and Engine Parts Manufacturing

336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing

33633 Motor Vehicle Steering and Suspension Components (except Spring)

Manufacturing

33634 Motor Vehicle Brake System Manufacturing

33635 Motor Vehicle Transmission and Power Train Parts Manufacturing

336399 All Other Motor Vehicle Part Manufacturing

44111 New Car Dealers

44711 Gasoline Stations with Convenience Store

44719 Other Gasoline Stations

454312 Liquefied Petroleum Gas (Bottled Gas) Dealers

48411 General Freight Trucking, Local

48421 Used Household and Office Goods Moving

48422 Specialized Freight (except Used Goods) Trucking, Local

562112 Hazardous Waste Collection

562211 Hazardous Waste Treatment and Disposal

562219 Other Nonhazardous Waste Treatment and Disposal

56292 Materials Recovery Facilities

811111 General Automotive Repair

4(b) INFORMATION REQUESTED

Part A Permit Application

Contents of the Part A Permit Application

(i) Data Items

40 CFR 270.1 requires owners or operators of newly regulated facilities subject to permitting requirements for the first time and permitted facilities with newly regulated units to prepare and submit a Part A Permit Application. Data items required in EPA Form 8700-23 are outlined in §270.13 and include the following:

 A list of the activities conducted by the applicant that require the owner or operator to obtain a RCRA permit;

 Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted;

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

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

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

 Whether the facility is located on Indian lands;

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

 For existing facilities, the following information:

-- A scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas and

-- Photographs of the facility clearly delineating all existing structures; existing treatment, storage and disposal areas; and sites of future treatment, storage, and disposal areas;

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

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

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

-- Hazardous Waste Management program under RCRA

-- Underground Injection Control (UIC) Program under the Safe Drinking Water Act (SDWA)

-- National Pollutant Discharge Elimination System (NPDES) program under the Clean Water Act (CWA)

-- Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA)

-- Nonattainment program under the CAA

-- National Emission Standards for Hazardous Air Pollutants (NESHAPS) preconstruction approval under the CAA

-- Ocean dumping permits under the Marine Protection Research and Sanctuaries Act

-- Dredge or fill permits under section 404 of the CWA

-- Other relevant environmental permits, including State permits.

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

-- Each of its intake and discharge structures;

-- Each of its hazardous waste treatment, storage, or disposal facilities;

-- Each well where fluids from the facility are injected underground; and

-- Wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary.

 A brief description of the nature of the business.

 For hazardous debris, a description of the debris category(ies) and containment

category(ies) to be treated, stored, or disposed of at the facility.

(ii) Respondent Activities

To comply with §270.1, owners or operators must perform the following activities:

 Read the regulations and instructions; and

 Prepare the Part A Permit Application and reports.

Signatories to Permit Applications and Permit Application Reports

(i) Data Items

 §270.11(a) specifies signatures required on Part A Permit Applications. Data items required include:

-- For a corporation, the signature of a responsible corporate officer as defined in §270.11(a)(1);

-- For a partnership or sole proprietorship, the signature of a general partner or proprietor as defined in §270.11(a)(2); and

-- For a municipality, State, Federal, or other public agency, the signature of either a principal executive officer or ranking elected official as defined in §270.11(a)(3).

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

-- For a corporation, the signature of a responsible corporate officer as defined in §270.11(a)(1);

-- For a partnership or sole proprietorship, the signature of a general partner or proprietor as defined in §270.11(a)(2);

-- For a municipality, State, Federal, or other public agency, the signature of either a principal executive officer or ranking elected official as defined in §270.11(a)(3); or

-- Signature of a duly authorized representative of one of the persons listed above as defined in §270.11(b).

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

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

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

(ii) Respondent Activities

To comply with §270.11, owners or operators must perform the following activities:

 Obtain signatures and certifications for the Part A Permit Application, reports, and other information requested by EPA; and

 Obtain a new authorization for invalid authorizations.

Submittal of Part A Permit Application

(i) Data Items

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

(ii) Respondent Activities

To comply with §§270.11 and 270.70, respondents must perform the following activities:

 Submit the Part A Permit Application and reports; and

 Explain or cure an alleged deficiency in the Part A Permit Application, if required.

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

(i) Data Items

Under §270.72, interim status facilities must prepare and submit a revised Part A Permit Application if the Agency promulgates a rulemaking that affects the facility, or if the owner/operator otherwise modifies the facility. Interim status facilities who modify their Part A Permit Application are required to submit a revised Part A Permit Application containing the data items listed in the data item section for EPA Form 8700-23.

(ii) Respondent Activities

To comply with §270.72, owners or operators must perform the following activities:

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

 Prepare and submit a revised Part A Permit Application in response to an Agency

rulemaking or facility modification;

 Prepare and submit justifications for changes, if needed; and

 Submit Subpart H compliance demonstrations, if needed.

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

5(a) AGENCY ACTIVITIES

Part A Permit Application

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

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

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

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

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

5(c) SMALL ENTITY FLEXIBILITY

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

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

5(d) COLLECTION SCHEDULE

Part A Permit Application

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

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

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

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

 Increasing the design capacity of processes used at the facility; and

 Changing or adding processes for treating, storing, or disposing of hazardous wastes.

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

6. ESTIMATING THE BURDEN AND COST OF COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

EPA’s estimated respondent burden hours and costs associated with all of the requirements covered in this ICR are shown in Exhibit 1. The exhibit includes the number of hours required to conduct the information collection activity and the cost associated with each requirement. Some totals may not add up due to rounding errors.

6(b) ESTIMATING RESPONDENT COSTS

In Exhibit 1, EPA also estimates respondent costs associated with this ICR. In the following paragraphs, EPA describes the data and assumptions used in the exhibit.

(i) Estimating Labor Costs

For purposes of this analysis, EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $134.20 for legal staff, $109.07 for managerial staff, $57.39 for technical staff, and $34.11 for clerical staff, which includes an average overhead factor of 1.4845. These respondent labor costs were generated from data obtained from the US Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) for May 2007 National Occupational Employment and Wage Estimates (averages across all NAICS codes): http://www.bls.gov/oes/current/oes_nat.htm.

Loaded wage rates estimated by multiplying the BLS unloaded wage rates by 1.4845, which represents addition of two cost factors (i.e., Federal government civilian wage full fringe benefit cost factor of 36.45%, plus 12% overhead cost factors) from Figure C1 of the 29 May 2003 OMB Circular A-76: Performance of Commercial Activities: http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html.

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs

EPA estimates that facilities may incur annual capital and operations and maintenance costs associated with specific activities. There are no capital costs associated with completing and submitting the Part A Permit Application. For submittal of information or notices, EPA estimates that facilities will incur $4.50 in costs each year for the three-year period of the ICR. This estimate is based on the mailing cost of $4.50 for a two-pound package. There are no costs associated with the purchase of a service included in the O&M costs.

6(c) ESTIMATING FEDERAL AGENCY BURDEN AND COSTS

EPA estimates the Agency hour and cost burden associated with all the requirements covered in this ICR in Exhibit 2. As shown in the exhibit, EPA estimates an average hourly labor cost of $113.57 for legal staff (GS‑15, Step 1), $106.19 for managerial staff (GS‑14, Step 4), $77.86 for technical staff (GS‑12, Step 5), and $22.98 for clerical staff (GS‑5, Step 1). To derive these hourly estimates, EPA referred to the US Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) for May 2007 at: http://www.bls.gov/oes/current/naics4_999100.htm

The loaded wage rates above were calculated by multiplying the BLS unloaded wage rates by 1.4845, which represents addition of two cost factors (i.e., civilian position full fringe benefit cost factor of 36.45%, plus 12% overhead cost factor) from Figure C1 of OMB Circular A-76 to be used to reflect the full cost of government employees: http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html.

6(d) ESTIMATING STATE AGENCY BURDEN AND COSTS

Forty-eight (48) States are authorized for the Part A permit program. EPA estimates the State Agency hour and cost burden associated with all information collection requirements covered in this ICR in Exhibit 3. As shown in the exhibit, EPA estimates an average hourly labor cost of $93.54 for legal staff, $88.85 for managerial staff, $51.70 for technical staff, and $41.12 for clerical staff.

These State government employee unloaded average (mean) wage rates were generated from the US Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) for May 2006 at: http://www.bls.gov/oes/current/naics4_999200.htm.

OMB does not publish a state government wage rate loading cost factor; thus the same OMB cost factor for Federal government labor is applied in this table above. The loaded wage rates above were calculated by multiplying the BLS unloaded wage rates by 1.4845, which represents addition of two cost factors (i.e., civilian position full fringe benefit cost factor of 36.45%, plus 12% overhead cost factor) from Figure C1 of OMB Circular A-76 to be used to reflect the full cost of government employees: http://www.whitehouse.gov/omb/circulars/a076/a76_incl_tech_correction.html.

6(e) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

Respondent Universe

Part A Permit Application

EPA estimates that approximately 8 facilities will be required to submit new Part A Permit Applications annually during the period covered by this ICR. All 8 facilities will be required to obtain signatures for the Part A Permit Application, Part A Permit Application reports, and other information requested by the Director. In addition, all 8 facilities will be required to obtain certifications from persons signing permit documentation.

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

Revised Part A Permit Applications and Associated Justifications and Subpart H Compliance Demonstrations

Similarly, EPA also estimates that 15 facilities will need to revise their Part A Permit Application annually during the period covered in this ICR. Of these, EPA expects that approximately one-third (5 facilities) will submit a revised Part A Permit Application in response to an EPA rulemaking, and two-thirds (10 facilities) will submit a revised Part A Permit Application for a facility modification. EPA further estimates that one-third of facilities submitting revised Part A Permit Applications (5 facilities) will be required to submit justifications due to either changes in the design capacity of processes used at the facility and/or changes or additions in a facility's hazardous waste treatment, storage, or disposal processes. In addition, EPA estimates that one-third of facilities submitting revised Part A Permit Applications (5 facilities) will be required to submit a Subpart H compliance demonstration due to changes in ownership or operational control of a facility.

6(f) BOTTOM LINE BURDEN HOURS AND COSTS

(1) Respondent Tally

Exhibit 1 shows the aggregate annual hour and cost burden to respondents. As shown in the exhibit, EPA estimates the annual respondent burden to be 402 hours and $30,798.53 ($30,626.33 labor costs and $172.20 operating and maintenance costs).

(2) Federal Agency Tally

Exhibit 2 shows the annual Federal Agency hour and cost burden associated with all the requirements covered in this ICR. As shown in this exhibit, EPA estimates the annual Federal Agency burden to be 95 hours and $6,482.19.

(3) State Agency Tally

Exhibit 3 shows the annual State Agency hour and cost burden associated with all the requirements covered in this ICR. As shown in this exhibit, EPA estimates the annual State Agency burden to be 95 hours and $4,992.87.

6(g) REASONS FOR CHANGE IN BURDEN

The burden for the previous renewal (ICR #262.11) was 402 hours. The burden for this renewal is 497 hours (402 for respondents and 95 for State agencies). The increase of 95 hours is due to the State agency burden, which was not calculated in previous renewals.

6(h) BURDEN STATEMENT

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

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

Burden means the total time, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the resources needed to review instructions; develop, acquire, install, and utilize technology and systems for the purpose 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 15.

To comment on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-RCRA-2008-0573, which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-2008-0573 and OMB Control Number 2050-0034 in any correspondence.

EXHIBIT 1
RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A
ESTIMATED ANNUAL RESPONDENT BURDEN AND COST
	Hours and Costs per Respondent								Total Hours and Costs
INFORMATION COLLECTION ACTIVITY	Legal $134.20/ hr.	Manager $109.07/hr.	Technical $57.39/hr.	Clerical $34.11/hr.	Respon. Hours/ Year	Labor Cost/ Year	Capital/ Startup Cost	O&M Cost	Number of Respon.	Total Hours/ Year	Total Cost/ Year
Part A Permit Application requirements
Read the regulations and instructions	2.00	1.00	3.00	0.00	6.00	$549.64	$0.00	$0.00	8	48.00	$4,397.12
Prepare the Part A Permit Application and reports	1.33	2.75	8.00	1.40	13.50	$985.30	$0.00	$4.20	8	108.00	$7,918.42
Signatories to Permit Applications and Permit Application Reports
Obtain signatures and certifications for Part A permit applications, reports, and other information requested by EPA	0.00	0.50	1.00	1.00	2.50	$146.04	$0.00	$0.00	8	20.00	$1,168.28
Obtain a new authorization for invalid authorizations	0.00	0.50	1.00	0.50	2.00	$128.98	$0.00	$0.00	1	2.00	$133.48
Submittal of Part A Permit Application
Submit Part A Permit Application and reports	0.00	0.50	1.00	1.50	3.00	$163.09	$0.00	$4.20	8	24.00	$1,304.72
Explain or cure an alleged deficiency in Part A application, if required	0.00	0.50	2.00	1.00	3.50	$203.43	$0.00	$0.00	1	3.50	$207.93
Revised Part A Permit Application/Justifications/Subpart H Compliance Demonstrations
Read the regulations and instructions (for Agency rulemaking)	0.00	1.00	2.00	0.00	3.00	$223.85	$0.00	$0.00	5	15.00	$1,119.25
Read the regulations and instructions (for facility modification)	0.00	1.00	2.00	0.00	3.00	$223.85	$0.00	$0.00	10	30.00	$2,283.50
Prepare and submit revised Part A (for rulemaking)	1.75	1.40	1.78	1.82	6.75	$551.78	$0.00	$4.20	5	33.75	$2,758.91
Prepare and submit revised Part A (for facility modification)	1.75	1.40	1.78	1.82	6.75	$551.78	$0.00	$4.20	10	67.50	$5,562.82
Prepare and submit justifications for changes, if needed	1.00	1.00	2.00	1.00	5.00	$392.16	$0.00	$4.20	5	25.00	$1,960.80
Submit Subpart H compliance demonstrations, if needed	1.00	1.00	2.00	1.00	5.00	$392.16	$0.00	$4.20	5	25.00	$1,983.30
TOTAL*	varies	varies	varies	varies	varies	varies	$0.00	$172.20	varies	401.75	$30,798.53
* Some totals may not add up due to rounding errors.

EXHIBIT 2
RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A
ESTIMATED ANNUAL FEDERAL BURDEN AND COST
	Hours and Costs per Respondent								Total Hours and Costs
INFORMATION COLLECTION ACTIVITY	Legal $113.57/hr.	Manager $106.19/hr.	Technical $77.86/hr.	Clerical $22.98/hr.	Respon. Hours/ Year	Labor Cost/ Year	Capital/ Startup Cost	O&M Cost	Number of Respon.	Total Hours/ Year	Total Cost/ Year
Part A Permit Application
Review Part A Permit Applications	0.00	0.00	3.00	0.25	3.25	$239.33	$0.00	$0.00	8	26.00	$1,914.60
Enter Part A Application information into RCRAInfo Data Base	0.00	0.00	0.00	1.00	1.00	$22.98	$0.00	$0.00	8	8.00	$183.84
Notify applicant of deficiency in Part A Application	0.00	0.00	0.50	0.10	0.60	$41.23	$0.00	$0.00	1	0.60	$41.23
Signatories to Permit Applications and Permit Application Reports
Ensure that Part A Permit Application and Reports have been signed by appropriate person	0.00	0.00	0.25	0.00	0.25	$19.47	$0.00	$0.00	8	2.00	$155.72
Review newly authorized signatures	0.00	0.00	0.25	0.00	0.25	$19.47	$0.00	$0.00	1	0.25	$19.47
Review signature certifications	0.00	0.00	0.25	0.00	0.25	$19.47	$0.00	$0.00	8	2.00	$155.72
Revised Part A Permit Application/Justifications/Subpart H Compliance Demonstrations
Review revised Part A Permit Application	0.00	0.00	2.00	0.25	2.25	$161.47	$0.00	$0.00	15	33.75	$2,421.98
Enter revised Part A Permit Application information into RCRAInfo Data Base	0.00	0.00	0.00	0.50	0.50	$11.49	$0.00	$0.00	15	7.50	$172.35
Review justifications for changes	0.50	0.25	0.75	0.00	1.50	$141.73	$0.00	$0.00	5	7.50	$708.64
Review Subpart H compliance demonstrations	0.50	0.25	0.75	0.00	1.50	$141.73	$0.00	$0.00	5	7.50	$708.64
TOTAL*	varies	varies	varies	varies	varies	varies	$0.00	$0.00	varies	95.1	$6,482.19
* Some totals may not add up due to rounding errors.

EXHIBIT 3
RCRA HAZARDOUS WASTE PERMIT APPLICATION AND MODIFICATION, PART A
ESTIMATED ANNUAL STATE BURDEN AND COST
	Hours and Costs per Respondent								Total Hours and Costs
INFORMATION COLLECTION ACTIVITY	Legal $93.54/hr.	Manager $88.85/hr.	Technical $51.70/hr.	Clerical $41.12/hr.	Respon. Hours/ Year	Labor Cost/ Year	Capital/ Startup Cost	O&M Cost	Number of Respon.	Total Hours/ Year	Total Cost/ Year
Part A Permit Application
Review Part A Permit Applications	0.00	0.00	3.00	0.25	3.25	$12.93	$0.00	$0.00	8	26.00	$103.40
Enter Part A Application information into RCRAInfo Data Base	0.00	0.00	0.00	1.00	1.00	$113.68	$0.00	$0.00	8	8.00	$1,705.20
Notify applicant of deficiency in Part A Application	0.00	0.00	0.50	0.10	0.60	$20.56	$0.00	$0.00	1	0.60	$308.40
Signatories to Permit Applications and Permit Application Reports
Ensure that Part A Permit Application and Reports have been signed by appropriate person	0.00	0.00	0.25	0.00	0.25	$107.76	$0.00	$0.00	8	2.00	$538.79
Review newly authorized signatures	0.00	0.00	0.25	0.00	0.25	$107.76	$0.00	$0.00	1	0.25	$538.79
Review signature certifications	0.00	0.00	0.25	0.00	0.25	$165.38	$0.00	$0.00	8	2.00	$1,323.04
Revised Part A Permit Application/Justifications/Subpart H Compliance Demonstrations
Review revised Part A Permit Application	0.00	0.00	2.00	0.25	2.25	$41.12	$0.00	$0.00	15	33.75	$328.96
Enter revised Part A Permit Application information into RCRAInfo Data Base	0.00	0.00	0.00	0.50	0.50	$29.96	$0.00	$0.00	15	7.50	$29.96
Review justifications for changes	0.50	0.25	0.75	0.00	1.50	$12.93	$0.00	$0.00	5	7.50	$103.40
Review Subpart H compliance demonstrations	0.50	0.25	0.75	0.00	1.50	$12.93	$0.00	$0.00	5	7.50	$12.93
TOTAL*	varies	varies	varies	varies	varies	varies	$0.00	$0.00	varies	95.1	$4,992.87
* Some totals may not add up due to rounding errors.