2382ss02

SUPPORTING STATEMENT FOR
EPA INFORMATION COLLECTION REQUEST NUMBER 2382.02
REPORTING AND RECORDKEEPING REQUIREMENTS FOR THE FINAL RULE
ON THE IDENTIFICATION OF NON-HAZARDOUS SECONDARY MATERIALS
THAT ARE SOLID WASTE

January 2011

TABLE OF CONTENTS

1.

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

2.

NEED FOR AND USE OF THE COLLECTION ...............................................................2
2(a) Need and Authority for the Collection.....................................................................2
2(b) Practical Utility and Users of the Data ....................................................................2

3.

NONDUPLICATION, CONSULTATIONS, AND OTHER
COLLECTION CRITERIA ................................................................................................2
3(a) Nonduplication.........................................................................................................2
3(b) Public Notice ............................................................................................................3
3(c) Consultations............................................................................................................3
3(d) Effects of Less Frequent Collection .........................................................................3
3(e) General Guidelines...................................................................................................3
3(f)
Confidentiality .........................................................................................................3
3(g) Sensitive Questions ..................................................................................................4

4.

THE RESPONDENTS AND THE INFORMATION REQUESTED .................................4
4(a) Respondents and NAICS Codes ..............................................................................4
4(b) Information Requested .............................................................................................5

5.

THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT .........................................6
5(a) Agency Activities.....................................................................................................6
5(b) Small Entity Flexibility ............................................................................................7

6.

ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION .................7
6(a) Estimating Respondent Burden................................................................................7
6(b) Estimating Respondent Costs ..................................................................................7
6(c) Estimating Agency Burden and Costs .....................................................................8
6(d) Estimating the Respondent Universe and Total Burden and Costs .........................8
6(e) Bottom Line Burden Hours and Costs ...................................................................10
6(f)
Reason for Change in Burden ................................................................................11
6(g) Burden Statement ...................................................................................................11

i

EXHIBITS

Exhibit 1: Estimated Respondent Burden and Cost ......................................................................12
Exhibit 2: Estimated Agency Burden and Cost ............................................................................13
Exhibit 3: Estimated Average Burden per Respondent ................................................................14

ii

1.

IDENTIFICATION OF THE INFORMATION COLLECTION
1(a)

Title and Number of the Information Collection

This information Collection Request (ICR) is entitled “Reporting and Recordkeeping
Requirements for the Final Rule on The Identification of Non-Hazardous Secondary Materials
That Are Solid Waste,” EPA ICR Number 2382.02.
1(b)

Short Characterization

Section 112(d) of the Clean Air Act (CAA) requires the promulgation of regulations to
control emissions of specific hazardous air pollutants from “major sources” within defined
source categories.1,2 One such regulation, promulgated in September 2004, is the National
Emissions Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional
Boilers and Process Heaters (the “Boilers Rule”), which established Maximum Achievable
Control Technology (MACT) standards for this source category. Section 129 of the CAA
directed EPA to promulgate regulations to control emissions of nine specified pollutants from
“solid waste incineration units.” EPA did so in December 2000 with the publication of the final
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing
Sources: Commercial and Industrial Solid Waste Incineration Units (the “CISWI Rule”). Units
regulated under Section 129 cannot be subject to any rule promulgated under Section 112.
In September 2005, in response to a subsequent petition for reconsideration, EPA
amended the CISWI Rule when it promulgated revised definitions for “solid waste,”
“commercial or industrial waste,” and “commercial and industrial solid waste incineration unit”
(the “CISWI Definitions Rule”). As part of the CISWI Definitions Rule, EPA made a distinction
between solid waste incinerators and boilers, characterizing the former as units that are designed
and operated to discard materials through high temperature combustion. However, EPA excluded
from the definition of a solid waste incinerator those units designed to recover energy for “useful
purposes such as steam generation or process heating.”
In July 2007, the Court of Appeals for the District of Columbia Circuit vacated and
remanded to EPA both the CISWI Definitions Rule and the Boilers Rule. In vacating the
definitions rule, the Court noted that, despite the potential reasonableness of the functional
distinction between boilers and incinerators, the CAA is unambiguous in its requirement that
EPA regulate any commercial or industrial incinerator that combusts any solid waste material, as
a solid waste incineration unit regardless of whether the waste is burned as a “fuel.” The Court
also concluded that EPA erred in excluding from the CISWI Definitions Rule units that combust
solid waste for the purposes of energy recovery and including these units in the Boilers Rule. In
1

A “major source” is any stationary source that emits or has the potential to emit considering controls, in
the aggregate, at least 10 tons per year of any hazardous air pollutant or at least 25 tons per year of any combination
of hazardous air pollutants.
2

The Clean Air Act also requires EPA to identify and list the area source categories (sources that are not
major sources) that represent 90 percent of the emissions of the 30 urban air toxics associated with area sources and
subject them to standards under the Section 112(d) of the Act. EPA’s Urban Air Toxics Strategy is summarized in
Federal Register, Vol 64, No. 137, 38706, July 19, 1999.

1

short, revision to the Definitions Rule necessitates a revision to the Boilers Rule as well, since
the former will result in a different set of units that will be subject to the latter.
EPA’s response to the Court’s decision requires a clear determination of which nonhazardous, “secondary materials”3 constitute RCRA Subtitle D “solid waste” in order to clarify
when the combustion of these materials would be regulated pursuant to CAA Section 129 (as
opposed to potential regulation under Section 112 if a combustion unit burns materials that are
not solid waste when combusted). Thus, EPA has developed the Final Rule for the identification
of non-hazardous secondary materials that are solid waste.
This ICR is a description of the information collection requirements for combustion units
that use non-hazardous secondary materials that are solid wastes.
2.

NEED FOR AND USE OF THE COLLECTION
2(a)

Need and Authority for the Collection

The requirements covered in this ICR are necessary for EPA to identify non-hazardous
secondary materials that are solid waste when combusted and to enforce Sections 112 and 129 of
the Clean Air Act. EPA is proposing the establishment of these information collection
requirements under the authority of Subtitle D of the Resource Conservation and Recovery Act
(RCRA).
2(b)

Practical Utility and Users of the Data

EPA will use the collected information to ensure that non-hazardous secondary materials
that are solid wastes are managed as such and that combustion units that use these materials are
regulated under Section 129 of the Clean Air Act. In particular, EPA will use information
collected pursuant to the Final Rule’s petition process requirements to assess whether the
materials included in each petition are solid wastes.
3.

NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION
CRITERIA
3(a)

Nonduplication

None of the information required by the Final Rule would duplicate information required
by existing RCRA regulations.

3

A “secondary material” is any material that is not the primary product of a manufacturing or commercial
process, and can include post-consumer material, off-specification commercial chemical products or manufacturing
chemical intermediates, post-industrial material, and scrap.

2

3(b)

Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA opened a 60-day public
comment period at the time that the Proposed Rule was published in the Federal Register.4 To
assist the public in commenting on the proposal, EPA raised a number of issues in the preamble
to the Proposed Rule and asked for the public to comment on them. EPA has published
responses to the comments on the rulemaking docket (Docket ID No. EPA-HQ-RCRA-20080329) and addresses several of these comments in the preamble to the Final Rule.
3(c)

Consultations

EPA consulted and collected information from interested parties over the course of
several months to support the Final Rule. EPA solicited and received comments on the Proposed
Rule and addresses these comments in the preamble to the Final Rule.5 EPA also met and
communicated with industry associations, generators and users of the materials potentially
affected by the rule, as well as other interested parties. The summaries of the meetings and
telephone conversations with interested parties are available in the docket for the Final Rule.
3(d)

Effects of Less Frequent Collection

EPA has carefully considered the burden imposed upon the regulated community by the
Final 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 Final Rule are not met,
neither industry nor EPA will be able to ensure that non-hazardous secondary materials that are
solid wastes are managed in a manner that is protective of 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 ICR 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 a claim of confidentiality covering all or
part of the Final 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.

4

Federal Register, Vol. 75, No. 107, 31844, June 4, 2010.

5

Ibid.

3

3(g)

Sensitive Questions

No questions of a sensitive nature are included in the information collection requirements
associated with the Final Rule.
4.
THE RESPONDENTS AND THE INFORMATION REQUESTED
4(a)

Respondents and NAICS Codes

The following is a list of North American Industrial Classification System (NAICS)
codes associated with the facilities most likely to be affected by the information collection
requirements covered in this ICR.
NAICS
111
113
114
115
211
212
221
237
311
312
313
314
316
321
322
323
324
325
326
327
331
332
333
334
335
336
337
339
423
424
441
446
451
481
482
486
488
493
522

NAICS Category
Crop Production
Forestry and Logging
Fishing, Hunting, and Trapping
Support Activities for Agriculture and Forestry
Oil and Gas Extraction
Mining (Except Oil and Gas)
Utilities
Heavy and Civil Engineering Construction
Food Manufacturing
Beverage and Tobacco Product Manufacturing
Textile Mills
Textile Product Mills
Leather and Allied Product Manufacturing
Wood Product Manufacturing
Paper Manufacturing
Printing and Related Support Activities
Petroleum and Coal Products Manufacturing
Chemical Manufacturing
Plastics and Rubber Products Manufacturing
Nonmetallic Mineral Product Manufacturing
Primary Metal Manufacturing
Fabricated Metal Product Manufacturing
Machinery Manufacturing
Computer and Electronic Product Manufacturing
Electrical Equipment, Appliance and Component Manufacturing
Transportation Equipment Manufacturing
Furniture and Related Product Manufacturing
Miscellaneous Manufacturing
Merchant Wholesalers, Durable Goods
Nondurable Goods Merchant Wholesalers
Motor Vehicle and Parts Dealers
Health and Personal Care Stores
Sporting Good, Hobby, Book and Music Stores
Air Transportation
Rail Transportation
Pipeline Transportation
Support Activities for Transportation
Warehousing and Storage
Credit Intermediation and Related Activities

4

NAICS
541
561
562
611
622
721
811
921
928

NAICS Category
Professional, Scientific and Technical Services
Administrative and Support Services
Waste Management and Remediation Services
Educational Services
Hospitals
Accommodation
Repair and Maintenance
Public Administration
Public Administration

This table is not intended to be exhaustive, but rather provides a guide for readers
regarding entities likely to be impacted by this action.
4(b)

Information Requested

This section describes information collection requirements applicable to entities that
would be affected by the Final Rule.
Petition Process
(i) Data items:
The Final Rule establishes a non-waste determination petition process that provides
persons with an administrative process for receiving a formal determination from the EPA
Regional Administrator that non-hazardous secondary materials that are burned as a fuel and
have not been managed within the control of the generator, have not been discarded, and are
indistinguishable in all relevant aspects from a fuel product are not a solid waste when used as a
legitimate fuel in a combustion unit. To receive consideration, a petitioner must request a casespecific non-waste determination. While the process is voluntary, it requires the petitioner to
provide information describing how the secondary materials satisfy the legitimacy criteria, along
with analysis of certain market, human and environmental health, and other factors.
(ii) Respondent activities:
In order for EPA to grant the non-waste determination, a petitioner must show that the
material in question was not initially abandoned or thrown away by the generator. After
demonstrating that the non-hazardous secondary material has not been discarded in the first
instance, the petitioner must then demonstrate that the material is indistinguishable in all relevant
aspects from a fuel product by showing that it satisfies all of the following five criteria: (1)
whether market participants handle the non-hazardous secondary material as a fuel rather than a
waste; (2) whether the chemical and physical identity of the non-hazardous secondary material is
comparable to a commercial fuel; (3) whether the capacity of the market would use the nonhazardous secondary material in a reasonable time frame; (4) whether the constituents in the nonhazardous secondary material are released to the air, water or land from the point of generation
to the point just prior to combustion of the non-hazardous secondary material at levels
comparable to what would otherwise be released from traditional fuels; and (5) other relevant
factors.
5

Notification
The Final Rule does not contain any notification requirements.
Rule Familiarization (Reading the Regulations)
(i) Data items:
None.
(ii) Respondent activities:
It is expected that entities potentially affected by the Final Rule will read it to assess how
it may affect their operations.
Title V Permitting
In addition, under the Final Rule, some combustion units that are currently regulated
under Section 112 of the Clean Air Act will be regulated under Section 129. For a limited
number of units, this change in regulatory status could potentially trigger the permitting
requirements of Title V of the Clean Air Act.
Title V permitting requirements apply to all major emissions sources, cement kilns, and
electric arc furnace steelmaking facilities/units.6 Therefore, many of the units potentially
affected by the rule are already required to obtain a Title V permit. The data available to the
Agency do not indicate that any units will be newly subject to the Title V permitting requirement
as a result of the Final Rule. Therefore, this ICR does not examine any activities associated with
Title V permitting.

5.

THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT
5(a)

Agency Activities

As discussed above, EPA is proposing a self-implementing approach that requires
facilities to determine whether a given material meets EPA’s non-waste criteria. The Agency is
also establishing a petition process under which facilities may seek clarity on whether the
materials that they burn are considered solid wastes. Therefore, under this Final Rule, EPA will
process and review the petitions of facilities seeking non-waste determinations and decide
whether the information provided in each petition warrants a non-waste determination.
Because the Final Rule contains no notification requirements, the Agency will not engage
6

40 CFR Part 270 includes detailed information on the requirements of the Title V permitting program.

6

in notification review under the rule.
5(b)

Small Entity Flexibility

The self-implementing approach for non-waste determinations finalized by EPA would
provide small entities with flexibility to minimize their information collection burdens under the
Final Rule. Under this approach, small entities would not be required to submit any paperwork
to EPA or state agencies and would have the flexibility to develop their own individualized
approaches for determining whether the materials that they burn meet the non-waste criteria
included in the Final Rule.
6.

ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION
6(a)

Estimating Respondent Burden

In Exhibit 1, EPA estimates the respondent burden associated with the new paperwork
requirements in the Final Rule. As shown in the Exhibit, EPA estimates that the total one-time
respondent burden for the new requirements in the rule varies between 1 hour (per respondent)
and approximately 149 hours (per respondent), depending on whether the facility incurs solely
rule familiarization costs, or whether it also incurs petition process costs.
6(b)

Estimating Respondent Costs

Exhibit 1 summarizes the total costs of the information collection activities associated
with the Final Rule. As indicated in the exhibit, these range from $74 per respondent for rule
familiarization to $10,088 for the petition process for non-waste determinations. Where
applicable, these cost estimates reflect the cost of labor as well as operations and maintenance
(O&M) costs.
Labor Costs
For purposes of this analysis, EPA estimates an average hourly respondent labor cost of
$92 for legal staff, $76 for managerial staff, $66 for technical staff, and $29 for clerical staff.
These hourly labor costs were obtained from the following sources:
•

Hourly Wage: Bureau of Labor Statistics, occupational earnings data for 2009.7

•

Benefits Percentage: U.S. Department of Labor data on benefits as a percentage
of total compensation.8

7

Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010
(average reference date July 2009), Table 3 Full-time civilian workers: Mean and median hourly, weekly, and
annual earnings and mean weekly and annual hours. Acessed at http://www.bls.gov/ncs/ocs/sp/nctb1346.pdf,
December 8, 2010. We assume these estimates are in year 2009$..
8

U.S. Department of Labor, "EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—
SEPTEMBER 2010," USDL-10-1687, December 8, 2010. Derived from percent of total compensation breakout for
"civilian workers" as presented in Table 2.

7

Overhead: Expressed as a percent of wages, as summarized in the regulatory
impact analysis for the 2008 Definition of Solid Waste Final Rule.9

•

Capital and Operation & Maintenance Costs
Capital costs usually include any produced physical good necessary to provide the
required 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 Final Rule.
O&M costs are those costs associated with materials and services procured for the
information collection requirements included in the ICR. For this ICR, O&M costs may include
material testing for the petition process, as well as the costs of supplies used in the preparation of
each petition (e.g., photocopies). We estimate that facilities will incur O&M costs of $293 per
material for testing.10 Based on data compiled in support of EPA’s Boiler MACT and CISWI
rulemakings, we estimate that each facility will, on average, petition for non-waste
determinations for 1.38 materials.11 Applying this to the testing cost of $293 per material, we
estimate per facility O&M costs of $403 for testing.
6(c)

Estimating Agency Burden and Costs

Exhibit 2 below presents the estimated Agency burden and costs associated with the
requirements covered in this ICR. We estimate that EPA would incur a one-time cost of
approximately $10,058 per respondent for the petition process.
6(d)

Estimating the Respondent Universe and Total Burden and Costs

Respondent Universe
The number of affected entities varies by information collection activity, as summarized
below:
Rule Familiarization: EPA estimates that 1,461 facilities will incur rule familiarization
costs under the Final Rule. This estimate is based upon information compiled by EPA on
the non-hazardous secondary materials burned by individual combustion units potentially
affected by either of the following rulemakings: (1) the Standards of Performance for
New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and
9

U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial
Recycling Exclusions Of the RCRA Definition Of Solid Waste, September 25, 2008. Exhibit B-1.
10

Estimate derived from RACER 2005 Cost Estimating Software.

11

U.S. EPA, Office of Air Quality Planning and Standards, Draft combustor database in support of the
proposed CISWI Rule, April 14, 2009 and U.S. EPA, Office of Air Quality Planning and Standards, Draft
combustor database in support of the proposed major source Boilers Rule, March 20, 2009.

8

Industrial Solid Waste Incineration (CISWI) Units (the CISWI Rule); and (2) the
National
Emission
Standards
for
Hazardous
Air
Pollutants
for
Industrial/Commercial/Institutional Boilers and Process Heaters (the major source Boilers
Rule).12,13
Petition Process: EPA assumes that those facilities that currently burn secondary
materials considered to be waste under the Final Rule will undergo the petition process
for non-waste determination if the material is not burned within the control of the
generator. Based on the unit-level information compiled by EPA for the CISWI Rule and
the Major Source Boilers Rule, the Agency estimates that a total of 168 facilities will
submit petitions to the Agency.14

Respondent Burden and Cost
Based on the universe data presented above, EPA estimates the respondent burden
associated with all of the new information collection requirements covered in this ICR in Exhibit
1. A discussion of the assumptions used in developing these burden estimates follows.
Rule Familiarization
As shown in Exhibit 1, EPA estimates that 1,461 potentially affected facilities will read
the rule. Based on the ICR for another recent RCRA rulemaking, we estimate that the perfacility burden for rule familiarization is one hour and that the cost per facility for rule
familiarization is $74.15
Petition Process
As shown in Exhibit 1, EPA estimates that 168 potentially affected facilities will file
petitions for non-waste determinations. Specifically, EPA assumes that all facilities that burn
non-hazardous secondary materials considered to be solid waste when combusted under the Final
Rule will file petitions for non-waste determinations. Similar to reading the regulations, it is
assumed that this represents a one-time cost per facility.

12

U.S. EPA, Office of Air Quality Planning and Standards, Draft combustor database in support of the
proposed CISWI Rule, April 14, 2009 and U.S. EPA, Office of Air Quality Planning and Standards, Draft
combustor database in support of the proposed major source Boilers Rule, March 20, 2009.
13

EPA is also issuing National Emission Standards for Hazardous Air Pollutants for Area Sources:
Industrial, Commercial, and Institutional Boilers (the area source Boilers Rule). The vast majority of such units,
however, are not designed to burn secondary materials and will therefore not be affected by the Final NHSM Rule.
14

U.S. EPA, Office of Air Quality Planning and Standards, op cit..

15

U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2324.01 Reporting
and Recordkeeping Requirements for the Proposed Rule in Adding Pharmaceuticals to the Universal Waste Rule
(Proposed Rule), September 2008, Exhibit 1.

9

We estimate the burden and cost of the petition process based partially on the estimated
burden and cost for the petition process included in the 2008 Definition of Solid Waste (DSW)
Rule and the estimated additional cost of testing NHSMs to ensure that they meet the legitimacy
criteria. The petition process in the 2008 DSW rule is similar to that established in the Final
NHSM Rule in that petitioner must demonstrate that the material in question is not discarded and
meets specific non-waste criteria. In addition, testing costs are assumed to require two hours of
field technical labor per material petitioned plus an additional $293 in O&M costs per material
petitioned. The estimated per facility burden of this petition process is approximately 149 hours
(for the facility itself), and the estimated cost per facility is $10,100.

6(e)

Bottom Line Burden Hours and Costs

Respondent Burden and Costs
In Exhibit 1, EPA presents the total respondent burden and cost for each of the two
paperwork requirements associated with the Final Rule (i.e., rule familiarization and the petition
process for non-waste determinations). As described above, these paperwork requirements apply
to units and facilities that burn non-hazardous secondary materials. The total respondent burden
and costs for these requirements are as follows:
Rule Familiarization
All potentially affected facilities will incur the one-time cost of reading the rule. EPA
estimates that the hours burden of rule familiarization is 1,461 hours and that the associated cost
is $108,771.
Petition Process
Facilities that burn non-hazardous secondary materials that are considered solid waste
under the Final Rule are expected to incur the one-time cost of petitioning for non-waste
determination. The estimated (one-time) hours burden for respondents is 25,000 hours and the
estimated (one-time) cost of the petition process for respondents is approximately $1.7 million.

Agency Burden and Costs
Exhibit 2 summarizes the total Agency burden and cost associated with the paperwork
requirements for the Final Rule. As indicated in the exhibit, the Agency’s burden and costs
relate to the petition process for non-waste determinations included in the Final Rule. The onetime burden realized by the Agency for the petition process included in the Final Rule is
approximately 26,200 hours. EPA estimates that the cost incurred by the Agency under the
petition process is approximately $1.7 million.

10

6(f)

Reasons for Change in Burden

As described in this ICR, EPA expects that the Final Rule will result in an increase in
burden to users of non-hazardous secondary materials and the Agency itself. This increase in
burden reflects specific paperwork requirements established by the Final Rule (e.g., the petition
process for non-waste determinations). EPA has determined that these paperwork requirements
are necessary for informed assessments of the waste status of certain secondary materials, and to
ensure that non-hazardous secondary materials are managed in a manner that is consistent with
their status as a waste or non-waste under the Final Rule.
6(g)

Burden Statement

Exhibit 3 summarizes the average burden associated with each of the paperwork
requirements associated with the Final Rule, presented separately for regulated entities and EPA.
The paperwork requirements reflected in the exhibit include one-time activities for (1) the
petition process for non-waste determinations included in the Final Rule and (2) rule
familiarization.
As indicated in Exhibit 3, we estimate the total burden associated with one-time activities
as a range for regulated entities and EPA. This is because the burden per respondent depends on
whether the respondent files a petition for non-waste determination.
To comment on the Agency's need for this information, the accuracy of the provided
burden estimates, and any suggested methods for minimizing respondent burden, including the
use of automated collection techniques, EPA has established a public docket for this ICR under
Docket ID Number EPA-HQ-RCRA-2008-0329, 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 Avenue, NW, Washington, D.C. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 5661744, and the telephone number for the 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-RCRA-2008-0329 and OMB Control Number
2050-new in any correspondence.

11

Exhibit 1 - Estimated Respondent Burden and Cost
Hours and Costs per Respondent
INFORMATION
COLLECTION
ACTIVITY

Leg.
$92/Hr

Mgr.
$76/Hr

Tech.
$66/Hr

Cler.
$29/Hr

Respon.
Hours

Total Hours and Costs
Labor
Cost1

Capital/
Startup
Cost

O&M
Cost

Cost per
Respondent

Number of
Respondents

Total
Hours

Total
Cost

RULE FAMILIARIZATION – Read the rule (one-time burden and cost)
Affected Facilities

0.2

0.3

0.5

0.0

1.02

$64.0

$0.0

$0.0

$74

1,461

1,461

$108,771

1335

8

149

$9,6853

$0.0

$4033

$10,0885

168

24,990

$1.7
million

PETITION PROCESS (one-time)
Affected Facilities

4

4

1
Hourly Wages: Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010 (average reference date July 2009), Table 3
Full-time civilian workers: Mean and median hourly, weekly, and annual earnings and mean weekly and annual hours, accessed at
http://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, December 8, 2010.

Benefits Percentage: U.S. Department of Labor, "Employer Costs for Employee Compensation—September 2010" USDL-10-1687, December 8, 2010. Derived from
percent of total compensation breakout for "civilian workers" as presented in Table 2.
Overhead Percentage: U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial Recycling Exclusions Of the RCRA Definition
Of Solid Waste, September 25, 2008. Exhibit B-1.
2

Hours for Rule Familiarization: U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2324.01 Reporting and Recordkeeping
Requirements for the Final Rule in Adding Pharmaceuticals to the Universal Waste Rule (Final Rule), September 2008, Exhibit 1.
3

Petition Process Costs: Derived from U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2310.01: Revisions to the RCRA Definition of
Solid Waste (Final Rule), October 28, 2008. Hours estimate for technical labor also reflects an assumed 2 hours of testing per material petitioned. In addition, the
estimated O&M cost reflects a testing cost of $293 per material tested, based on data from the RACER 2005 cost estimating software. Based on the combustion unit
databases developed by EPA for the Major Source Boiler MACT and the CISWI rule, we estimate that, on average, 1.38 materials will be tested per petitioner.
4
Uncertainty Regarding Number of Respondents for the Petition Process: As described in previous sections of this document, EPA assumes that facilities potentially
affected by the CISWI rule and the major source Boilers Rule will submit petitions to EPA for a non-waste determination if they burn materials considered to be a solid
waste under the Final Rule and if the material is burned outside the control of the generator. Based on these conditions, the Agency estimates that 168 facilities will
submit petitions. In reality, the number of petitions that will be submitted is uncertain and dependent on several factors that EPA is unable to assess (e.g., the operational
characteristics of individual facilities).

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Exhibit 2 - Estimated Agency Burden and Cost
Hours and Costs per Respondent
INFORMATION
COLLECTION
ACTIVITY

Leg.
$92/Hr

Mgr.
$76/Hr

Tech.
$66/Hr

Cler.
$29/Hr

Respon.
Hours

16

157

Total Hours and Costs
Labor
Cost1

Capital/
Startup
Cost

O&M
Cost

$0.0

$0.0

Total Cost
per
Respondent

Number of
Respondents

Total
Hours

Total
Cost

PETITION PROCESS (one-time burden and cost)
Affected Facilities

8

8

125

$10,0582

$10,058

168

26,219

$1.7
million

1

Hourly Wages: Bureau of Labor Statistics, Occupational earnings tables: United States, December 2008 – January 2010 (average reference date July 2009),
Table 3 Full-time civilian workers: Mean and median hourly, weekly, and annual earnings and mean weekly and annual hours, accessed at
http://www.bls.gov/ncs/ocs/sp/nctb1346.pdf, December 8, 2010.
Benefits Percentage: U.S. Department of Labor, "Employer Costs for Employee Compensation—September 2010," USDL-10-1687, December 8, 2010. Derived
from percent of total compensation breakout for "civilian workers" as presented in Table 2.

Overhead Percentage: U.S. EPA, Regulatory Impact Analysis USEPA’s 2008 Final Rule Amendments To The Industrial Recycling Exclusions Of the RCRA
Definition Of Solid Waste, September 25, 2008. Exhibit B-1.
2

Petition Process Costs: Derived from U.S. EPA, Supporting Statement for EPA Information Collection Request Number 2310.01: Revisions to the RCRA
Definition of Solid Waste (Final Rule), October 28, 2008.

3

Uncertainty Regarding Number of Respondents for the Petition Process: As described in previous sections of this document, EPA assumes that facilities potentially
affected by the CISWI rule and the Major Source Boilers Rule will submit petitions to EPA for a non-waste determination if they burn materials considered to be a solid
waste under the Final Rule and if the material is burned outside the control of the generator. Based on these conditions, the Agency estimates that 168 facilities will
submit petitions. In reality, the number of petitions that will be submitted is uncertain and dependent on several factors that EPA is unable to assess (e.g., the operational
characteristics of individual facilities).

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Exhibit 3
Estimated Average Burden per Respondent (hours)
Regulated Entities
1 to 150
149
1

EPA
Burden for one-time activities1
0 to 157
Petition Process (one-time burden)
157
Rule Familiarization (one-time burden)
0
Notes:
Burden for one-time activities presented as a range for regulated entities and EPA because the burden will depend on whether a regulated entity files a petition for nonwaste determination.

14