2382ss04

SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 2382.04

REPORTING AND RECORDKEEPING REQUIREMENTS FOR THE FINAL RULE ON THE Identification of Non-Hazardous SECONDARY Materials That Are Solid Waste

February 2016

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

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

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) Title and Number of the Information Collection

This information Collection Request (ICR) is entitled “Identification of Non-Hazardous Secondary Materials That Are Solid Waste (Renewal),” EPA ICR Number 2382.04, OMB Number 2050-0205.

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 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 non-hazardous, “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, on March 21, 2011, EPA promulgated the Final Rule for the identification of non-hazardous secondary materials that are solid waste. This final rule established a case-specific non-waste determination petition process for solid waste secondary materials used as fuel in a combustion unit. While the process is voluntary, it requires the petitioner to provide information describing how the secondary materials satisfy the legitimacy criteria, along with consideration of certain market, human and environmental health, and other factors. The per-respondent and aggregate burden and cost estimates for the case-specific petition process are presented in Exhibit 1 of this supporting statement.

During the development of the Final Amendments to the March 21, 2011 final rule, the Agency recognized that selected secondary materials may be more conducive to a categorical non waste determination process, rather than a case-specific determination process. Thus, under the Final Amendments issued on February 7, 2013, the Agency finalized the process outlined in the proposed amendments rule whereby persons may submit a rulemaking petition to the Administrator where they can identify and request that additional non-hazardous secondary materials (NHSMs) be listed in section 241.4. Although the petition process and requirements for this categorical determination are more comprehensive than those of the case-specific process, considerably fewer petitions are likely to be submitted. Thus, the aggregate categorical cost and burden impacts are expected to be considerably less than the aggregate case-specific estimates, if only the case-specific petition process was available.⁴

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(b) Public Notice

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (80 FR 76482) on December 9, 2015. No comments were received on the burden published in the Federal Register.

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.

Presented below is a representative sample of contacts that provided data and information that contributed in some way to the development of the Final Rule, and this ICR:

• American Forest and Paper Association (202-463-2700, [email protected])

• Broad Run Construction Waste Recycling (571-292-5333, [email protected])

• Bayshore Recycling (732-738-6000, [email protected])

• Industrial Economics, Inc. (EPA contractor) (617-354-0074)

• Association of American Railroads (202-639-2100)

• Treated Wood Council (202-463-2045)

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.

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	NAICS Category
111	Crop Production
113	Forestry and Logging
114	Fishing, Hunting, and Trapping
115	Support Activities for Agriculture and Forestry
211	Oil and Gas Extraction
212	Mining (Except Oil and Gas)
221	Utilities
237	Heavy and Civil Engineering Construction
311	Food Manufacturing
312	Beverage and Tobacco Product Manufacturing
313	Textile Mills
314	Textile Product Mills
316	Leather and Allied Product Manufacturing
321	Wood Product Manufacturing
322	Paper Manufacturing
323	Printing and Related Support Activities
324	Petroleum and Coal Products Manufacturing
325	Chemical Manufacturing
326	Plastics and Rubber Products Manufacturing
327	Nonmetallic Mineral Product Manufacturing
331	Primary Metal Manufacturing
332	Fabricated Metal Product Manufacturing
333	Machinery Manufacturing
334	Computer and Electronic Product Manufacturing
335	Electrical Equipment, Appliance and Component Manufacturing
336	Transportation Equipment Manufacturing
337	Furniture and Related Product Manufacturing
339	Miscellaneous Manufacturing
423	Merchant Wholesalers, Durable Goods
424	Nondurable Goods Merchant Wholesalers
441	Motor Vehicle and Parts Dealers
446	Health and Personal Care Stores
451	Sporting Good, Hobby, Book and Music Stores
481	Air Transportation
482	Rail Transportation
486	Pipeline Transportation
488	Support Activities for Transportation
493	Warehousing and Storage
522	Credit Intermediation and Related Activities
541	Professional, Scientific and Technical Services
561	Administrative and Support Services
562	Waste Management and Remediation Services
611	Educational Services
622	Hospitals
721	Accommodation
811	Repair and Maintenance
921	Public Administration
928	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 case-specific 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 non-hazardous secondary material in a reasonable time frame; (4) whether the constituents in the non-hazardous 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.

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 in notification review under the rule.

5(b) Collection Methodology and Management

This is not a survey ICR that requires primary (first hand) data collection. The data used in this ICR were collected from secondary sources and past EPA analyses that employed quality controlled data.

5(c) 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.

5(d) Collection Schedule

There are two burden categories associated with this action: reading and understanding the rule, and certification statements for affected facilities. Reading and understanding the rule is a one-time burden expected to occur to affected facilities within one month following publication. The schedule for preparation and submission of certification statements for affected facilities is not possible for the Agency to determine and will occur based on each facility’s needs and production schedule.

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 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 $113 per respondent for rule familiarization to $15,884 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, $139 for managerial staff, $106 for technical staff, and $52 for clerical staff. These hourly labor costs were obtained from the United States Department of Labor, Bureau of Labor Statistics, March 2015, “Table 2. Civilian Workers, by occupational and industry group.” ⁷ The rates are from column 1, “Total compensation.” The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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.⁸ 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.⁹ 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 $7,544 per respondent for the petition process. This cost is based on the average hourly labor rates of $92 for legal staff, $64 for managerial staff, $47 for technical staff, and $26 for clerical staff. These rates are from the Office of Personnel Management (OPM), 2015 General Schedule, which excludes locality rates of pay. The rates have been increased by 60 percent to account for the benefit packages available to government employees.

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 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).^10,11

Petition Process: For the previous ICR, EPA assumed that facilities currently burning secondary materials considered to be waste under the Final Rule would 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 had estimated that a total of 168 facilities would submit petitions to the Agency.¹² However, only two petitions were submitted over the last three year period. The number of petitions anticipated to be filed over the next three year period has therefore been reduced to 10, which EPA believes is still a conservative estimate.

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 per-facility burden for rule familiarization is one hour and that the cost per facility for rule familiarization is $113.¹³

Petition Process

As shown in Exhibit 1, EPA estimates that 10 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.

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 $15,884.

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 $165,367.

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 1,490 hours and the estimated (one-time) cost of the petition process for respondents is approximately $158,837.

	Respondents	Hours	Cost	O&M
Rule Familiarization	1,461	1,461	$165,367	$0
Petition Process	10	1,490	$158,837	$4,030
Total over 3 Years	1,471	2,951	$324,204	$4,030
Total Annual Average	490	984	$108,068	$1,343

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 one-time burden realized by the Agency for the petition process included in the Final Rule is approximately 1,570 hours. EPA estimates that the cost incurred by the Agency under the petition process is approximately $75,442. Therefore, the annual cost to federal government is estimated at $25,147.

6(f) Reasons for Change in Burden

For this ICR renewal, there is a decrease of 25,467 hours in the total estimated respondent burden, $1.4 million in the total labor costs, and $66,361 in the total O&M/capital costs compared with the ICR currently approved by OMB. These decreases are not due to any program changes, but rather a revised estimate of the number of petitions expected to be submitted by the respondents. Only two petitions were submitted over the last three year period, versus the original estimate of 168 petitions. The number of petitions anticipated to be filed over the next three year period has therefore been reduced to 10, which EPA believes is still a conservative estimate. The change in labor costs also incorporates updated labors rates available from the Bureau of Labor Statistics.

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.

The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 2 hours per response. 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 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2015-0732, 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) 566-1744, 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-2015-0732 and OMB Control Number 2050-0205 in any correspondence.

Exhibit 1 - Estimated Respondent Burden and Cost
Hours1 and Costs per Respondent Total Hours and Costs
INFORMATION COLLECTION ACTIVITY	Leg. $92/Hr	Mgr. $139/Hr	Tech. $106/Hr	Cler. $52/Hr	Respon. Hours	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 burden2 and cost)
Affected Facilities	0.2	0.3	0.5	0.0	1.0	$64.0	$0.0	$0.0	$74	1,461	1,461	$165,367
PETITION PROCESS (one-time)3
Affected Facilities	4	4	1335	8	149	$15,4813	$0.0	$4033	$15,884	104	1,490	$158,837

¹ Hourly Wages: United States Department of Labor, Bureau of Labor Statistics, March 2015, “Table 2. Civilian Workers, by occupational and industry group.” The rates are from column 1, “Total compensation.” http://www.bls.gov/news.release/ecec.t02.htm. The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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 and on EPA’s experiences over the past three year period, the Agency estimates that 10 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).

Exhibit 2 - Estimated Agency Burden and Cost
Hours and Costs per Respondent Total Hours and Costs
INFORMATION COLLECTION ACTIVITY	Leg. $92/Hr	Mgr. $64/Hr	Tech. $47/Hr	Cler. $26/Hr	Agency. Hours	Labor Cost1	Capital/ Startup Cost	O & M Cost	Total Cost per Respondent	Number of Respondents	Total Hours	Total Cost
PETITION PROCESS (one-time burden and cost)2
Affected Facilities	8	8	125	16	157	$7,544	$0.0	$0.0	$7,544	10	1,570	$75,442

¹ Hourly Wages: These rates are from the Office of Personnel Management (OPM), 2015 General Schedule, which excludes locality rates of pay. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2015/GS_h.pdf. The rates have been increased by 60 percent to account for the benefit packages available to government employees.

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 and on EPA’s experiences over the past three year period, the Agency estimates that 10 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).

Exhibit 3 Estimated Average Burden per Respondent (hours)
	Regulated Entities	EPA
Burden for one-time activities1	1 to 150	0 to 157
Petition Process (one-time burden)	149	157
Rule Familiarization (one-time burden)	1	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 non-waste determination.

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.

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.

4 It is feasible that as few as 18 categorical petitions may be submitted (22 broad categories identified in Materials Characterization papers less the four categorical non waste materials identified in section 241.4), down from the estimated 168 total case-specific submissions (Exhibit 1).

5

6 40 CFR Part 270 includes detailed information on the requirements of the Title V permitting program.

7 Available at http://www.bls.gov/news.release/ecec.t02.htm

8 Estimate derived from RACER 2005 Cost Estimating Software.

9 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.

10 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.

11 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.

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

13 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.