Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System (Final Rule)

Forms and Documents

Document Name	Status
Form 8700-22 Paper Manifests Form and Instruction	Modified
0801ss22_May_7_2018.docx Supporting Statement A	2018-05-10

IC Document Collections

IC ID	Document Title	Status
41677	Paper Manifests Form and Instruction	Modified
231407	e-Manifest Users Guide Other-User Guide	New
231406	e-Manifest - Electronic Manifests Other-Screen Shots	New

ICR Details

OMB Control No: 2050-0039	ICR Reference No: 201712-2050-001
Status: Historical Active	Previous ICR Reference No: 201605-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 0801.22
Title: Requirements for Generators, Transporters, and Waste Management Facilities under the RCRA Hazardous Waste Manifest System (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/14/2018
	Date Received in OIRA: 12/29/2017
Terms of Clearance: Per 5 CFR 1320.3(f)(1), the agency is reminded to display a current OMB Control number on all forms and instructions, both paper and electronic versions. In addition, the agency must adhere to 1320.7(b) and provide a statement to the public on all forms and instructions, both paper and electronic versions. Upon resubmission, the agency should re-estimate the burden for paper and electronic submissions based on the usage from respondents.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	36 Months From Approved	05/31/2019
Responses	2,020,017	0	1,763,362
Time Burden (Hours)	2,639,210	0	3,473,577
Cost Burden (Dollars)	38,784,093	0	3,067,511

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Abstract: Section 3002(a)(5) of the Resource Conservation and Recovery Act (RCRA) directs the U.S. Environmental Protection Agency (EPA) to “...establish requirements respecting...use of a manifest system and any other reasonable means necessary to assure that all such hazardous waste generated is designated for treatment, storage, or disposal, and arrives at treatment, storage, or disposal facilities...for which a permit has been issued...” Under this authority, EPA published regulations for a manifest system on February 26, 1980 (45 FR 12724). EPA established requirements for manifest completion, transmittal, and recordkeeping for hazardous waste generators at 40 CFR Part 262, Subpart B, for transporters at Part 263, Subpart B, and for treatment, storage, and disposal facilities (TSDFs) at Parts 264 and 265, Subpart E. EPA also requires the use of the Uniform Hazardous Waste Manifest (UHWM or manifest). Since then, EPA has modified the manifest regulations on a number of occasions. On February 7, 2014, EPA finalized a rule to establish new requirements that will authorize the use of electronic manifests (or e-Manifests) as a means to track offsite shipments of hazardous waste from a generator’s site to the site of the receipt and disposition of the hazardous waste (79 FR 7518-7563). The final e-Manifest rule also implemented the provisions of the Hazardous Waste Electronic Manifest Establishment Act, P.L. 112-195, which directs EPA to establish a national electronic manifest system (or e-Manifest system). EPA is now finalizing a rule (called the “final fee rule”) establishing the methodology the Agency will use to determine and revise the user fees applicable to the electronic and paper manifests to be submitted to the national electronic manifest system (e-Manifest system) that EPA is developing under the Hazardous Waste Electronic Manifest Establishment Act. After the e-Manifest system’s implementation date, certain users of the hazardous waste manifest will be required to pay a prescribed fee for each electronic and paper manifest they use and submit to the national system so that EPA can recover the costs of developing and operating the national e-Manifest system. EPA is also finalizing several amendments to the regulations governing the use of electronic hazardous waste manifests and the completion of manifests. This ICR describes the hazardous waste manifest regulations, including the e-Manifest final rule and final fee rule. It also estimates the annual hour and cost burden to respondents and EPA under these requirements for both paper and electronic manifests.

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Authorizing Statute(s): US Code: 42 USC 3004 Name of Law: SWDA
   US Code: 42 USC 3003 Name of Law: SWDA
   US Code: 42 USC 6901 Name of Law: Resource Conservation and Recovery Act
   PL: Pub.L. 112 - 195 Oct 5, 2012 Name of Law: Hazardous Waste Electronic Manifest Establishment Act
   US Code: 42 USC 3002 Name of Law: SWDA
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 195 Oct. 5, 2012 Name of Law: Hazardous Waste Electronic Manifest Establishment Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG80	Final or interim final rulemaking	83 FR 420	01/03/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Paper Manifests	8700-22, 8700-22A	Uniform Hazardous Waste Manifest ,   Uniform Hazardous Waste Manifest (Continuation Sheet)
e-Manifest Users Guide
e-Manifest - Electronic Manifests

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,020,017	1,763,362	931,813	0	-675,158	0
Annual Time Burden (Hours)	2,639,210	3,473,577	807,892	0	-1,642,259	0
Annual Cost Burden (Dollars)	38,784,093	3,067,511	36,270,683	0	-554,101	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This ICR estimates an 834,367 hour decrease from the currently approved ICR. This decrease results from both adjustments due to Agency discretion and program changes as follows. The adjustments due to Agency discretion result from the fact that EPA revised the number of generators preparing manifests for federal hazardous waste shipments as well as the number of manifests per generator in this ICR. The program changes result from the fact that the previous ICR considered only the existing paper-based manifest system, whereas this ICR addresses the existing paper-based manifest system as well as to electronic manifesting, which results in substantial savings to respondents. These savings are partially offset, however, because the e-Manifest Act extends the scope of the e-Manifest program to wastes subject to manifest tracking under state law. As such, the scope of this ICR was broadened to include electronic manifests accompanying state hazardous waste. Further, this ICR estimates user fees for paper and electronic manifests in accordance with the final fee rule (fees are reflected as O&M costs in this ICR).

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Annual Cost to Federal Government: $35,801,511

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/29/2017

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