SUPPORTING STATEMENT FOR
EPA INFORMATION COLLECTION REQUEST NUMBER 0820.14
HAZARDOUS WASTE GENERATOR STANDARDS
September 2018
TABLE OF CONTENTS
IDENTIFICATION OF THE INFORMATION COLLECTION
1(a) Title and Number of the Information Collection 3
1(b) Characterization of the Information Collection 3
NEED FOR AND USE OF THE COLLECTION
2(a) Need and Authority for the Collection 4
2(b) Use and Users of the Data 10
NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
3(a) Nonduplication 14
3(b) Public Notice 15
3(c) Consultations 15
3(d) Effects of Less Frequent Collection 15
3(e) General Guidelines 15
3(f) Confidentiality 15
3(g) Sensitive Questions 15
THE RESPONDENTS AND THE INFORMATION COLLECTED
4(a) Respondents and SIC Codes 15
4(b) Information Requested 18
THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
5(a) Agency Activities 74
5(b) Collection Methodology and Management 77
5(c) Small Entity Flexibility 78
5(d) Collection Schedule 78
ESTIMATING THE BURDEN AND COST OF THE COLLECTION
6(a) Estimating Annual Respondent Burden 79
6(b) Estimating Annual Respondent Costs 80
6(c) Estimating Annual Agency Burden and Cost 81
6(d) Estimating the Respondent Universe 82
6(e) Bottom Line Burden Hours and Costs 92
6(g) Reasons for Change in Burden 93
6(h) Burden Statement 93
IDENTIFICATION OF THE INFORMATION COLLECTION
1(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION
This information collection request (ICR) is entitled "Hazardous Waste Generator Standards (Renewal)," ICR Number 0820.14. This ICR renews the previously approved ICR, "Hazardous Waste Generator Standards,” ICR Number 0820.10. OMB Control Number 2050-0035.
1(b) CHARACTERIZATION OF THE INFORMATION COLLECTION
In the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress authorized the U.S. Environmental Protection Agency (EPA) to develop and administer a national hazardous waste program. The core of the program is the regulation of hazardous waste from generation to eventual disposal, i.e., from “cradle to grave.” Sections 3001(d) and 3002 of RCRA authorize EPA to develop and promulgate regulations for generators of hazardous waste. Among other things, EPA is authorized to establish generator standards for recordkeeping, labeling, storage of wastes in tanks, containers, drip pads and containment buildings, use of a hazardous waste manifest system, and biennial reporting to EPA. [Note: This ICR does not cover any manifesting or biennial reporting requirements. Manifesting requirements are addressed in ICR OMB Control No. 2050-0039. Biennial reporting requirements are addressed in ICR OMB Control No. 2050-0024.] In addition, RCRA section 3010 sets forth requirements for generators and other hazardous waste handlers to notify EPA of their hazardous waste activities. [Note: These notification requirements are addressed in ICR OMB Control No. 2050-0024.] Finally, RCRA section 3017 sets forth requirements for exporters exporting hazardous waste from the United States (e.g., notification and annual reporting requirements).
This ICR incorporates new regulations from two recently promulgated rules: The Hazardous Waste Generator Improvements rule of 2016 (OMB Control No. 2050-0213), and the Hazardous Waste Export-Import Revisions rule of 2016 (OMB Number 2050-0214). The Generator rule implemented a reorganization of the hazardous waste regulations to improve ease of use; added requirements to the labeling, emergency preparedness and response requirements; and provided additional flexibilities to Very Small Quantity Generators and Small Quantity Generators of Hazardous Waste. The Export-Import rule made all U.S. imports and exports of hazardous waste, including those with countries outside of OECD, subject to standards equivalent to those previously promulgated in 40 CFR Part 262, Subpart H in the 2010 final rule revising the Requirements for: Transboundary Shipments of Waste between OECD Countries, Export Shipments of Spent Lead Acid Batteries, Submitting Exception Reports for Export Shipments of Hazardous Waste, and Imports of Hazardous Waste rulemaking (OECD-SLAB Rule). In addition, EPA mandated the phased in electronic submission of required import and export documents, which is expected to improve data availability and quality.
In 1980, EPA promulgated the principal elements of the generator requirements in 40 CFR part 262. These regulations have been amended on several occasions. This ICR discusses six categories of information collection requirements in part 262: pre-transport requirements; hazardous waste storage requirements for containers, tanks, containment buildings and drip pads; air emission standards for large quantity generators (e.g., 40 CFR Subparts AA and BB for process vents and equipment leaks, respectively); recordkeeping and reporting requirements; flexibilities for VSQGs and SQGs; and export/import requirements. Sections 1 through 5 of this ICR describe these information collection requirements. In Section 6, EPA estimates the annual burden and cost to respondents and the Agency in carrying out these requirements.
NEED FOR AND USE OF THE COLLECTION
2(a) NEED AND AUTHORITY FOR THE COLLECTION
Under sections 3001(d) and 3002 of RCRA, EPA is required to promulgate regulations applicable to generators of hazardous waste as necessary to protect human health and the environment.
HAZARDOUS WASTE DETERMINATION REQUIREMENTS
Under RCRA section 3001, Congress authorized EPA to develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which would be subject to the hazardous waste program. In implementing this mandate, EPA created the hazardous waste determination requirements at 40 CFR 262.11. These requirements provide that generators must determine if their solid waste is listed or exhibits a hazardous characteristic based on testing or knowledge of the waste. Hazardous waste determination requirements are needed to ensure that generators and subsequent handlers manage and dispose of the hazardous waste in compliance with the hazardous waste program.
LARGE QUANTITY GENERATOR (LQG) PRE-TRANSPORT REQUIREMENTS
(1) Labeling
Section 262.15(a)(5) and 262.17(a)(4–5) require LQGs to label containers, tanks, and containment buildings as specified (i.e., with the date accumulation began, the words “Hazardous Waste,” and an indication of the hazard of the contents). EPA and states need information on the time waste began accumulating for enforcement and monitoring purposes. The labels are also necessary to communicate important information about the hazards of the contents of containers and tanks to facility personnel, visitors, first responders who may encounter them in the event of an emergency, or anyone else on site at the facility. Generators that accumulate hazardous waste in tanks must also use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days.
(2) Personnel Training
Section 262.17(a)(7) requires LQGs to maintain copies of personnel training documents and records at their facilities. Both EPA and states need information in personnel training records to determine whether employees have acquired the necessary expertise to perform their jobs. EPA also needs this information to review personnel records to determine whether employees are receiving a level of training that is commensurate with their duties and responsibilities as well as their ability to respond to any emergency situations at the facility. Requiring generators to maintain personnel training documents decreases the likelihood that employees are unqualified to handle hazardous waste or respond to emergencies. The personnel recordkeeping requirement contributes to EPA's goal of minimizing the potential for employee-related mistakes that may threaten human health and the environment.
(3) Contingency Planning and Emergency Procedures
Under section 262.17(a)(6), LQGs must comply with subpart M of part 262, which details requirements for contingency plans, and if necessary, emergency procedures, for effective action to minimize any unanticipated damage from the release of any hazardous waste. These regulations require LQGs to keep records of arrangements the facility entered into with local emergency responders to provide information on the generator's facility and its wastes, prepare and maintain contingency plans that include a quick-reference guide, and prepare emergency reports whenever imminent or actual emergency situations occur. EPA inspectors may review the contingency plans to determine whether LQGs have developed adequate procedures to respond to unplanned sudden or non-sudden releases of hazardous waste or hazardous constituents to air, soil, or surface water. Requiring LQGs to develop and maintain contingency plans and prepare emergency response reports contributes to EPA's goal of minimizing unanticipated damage from the accumulation of hazardous waste at generator sites.
(4) Tank Systems
Under section 262.17(a)(2), EPA requires LQGs that accumulate hazardous waste in tank systems to comply with subpart J of part 265. These requirements include inspection documentation, re-certification of extensive repairs, and closure notifications, all of which ensure that LQGs only operate tank systems that are fully protective of human health and the environment and that, if releases to the environment occur, action is taken immediately. These requirements also contribute to EPA's goal of preventing contamination of the environment from hazardous waste accumulation practices.
(5) Drip Pads
Under section 262.17(a)(3), EPA requires LQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, describe and document waste removal within 90 days, and ensure that waste generation and management practices are consistent with 90-day storage. These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.
(6) Containment Buildings
Under section 262.17(a)(4), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90-day storage, that these procedures are complied with, and that the unit is emptied at least every 90 days. These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.
(7) Requests for Extensions of the Accumulation Period
EPA promulgated regulations in section 262.17(b) allowing LQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit due to unforeseen, temporary, and uncontrollable circumstances. EPA needs information about the extension to evaluate the cause of the generators' requests for extensions and to approve/deny requests. These requirements ensure that only generators genuinely in need of an extension are allowed to accumulate wastes longer than 90 days, and contribute to EPA's goal of preventing contamination of the environment.
LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS
(1) Air Emissions from Process Vents
In 40 CFR part 265, subpart AA, EPA promulgated regulations governing emissions to air from process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10-ppmw if the unit: is subject to the permitting requirements of 40 CFR part 270; is not exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270; or is exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a 90-day tank or container). EPA needs information from generator facilities concerning hazardous waste releases to air from process vents to ensure that activities and control devices used by such facilities are consistent with EPA's goal of preventing contamination of the environment.
(2) Air Emissions from Equipment Leaks
In 40 CFR part 265, subpart BB, EPA promulgated regulations governing emissions to air from equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight if the unit: is subject to the permitting requirements of 40 CFR part 270; is not exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270; or is exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a 90-day tank or container). EPA needs information from generator facilities concerning hazardous waste releases to air from equipment leaks to ensure that activities and equipment used by such facilities are consistent with EPA's goal of preventing contamination of the environment.
SMALL QUANTITY GENERATOR (SQG) PRE-TRANSPORT REQUIREMENTS
(1) Labeling
Section 262.15(a)(5) and 262.16(b)(5–6) require SQGs to label their containers, tanks, and containment buildings as specified (i.e., with the words "Hazardous Waste," an indication of the hazards of the contents, and the date that accumulation began). This information allows EPA and states to monitor and enforce the accumulation requirements. The labels are also necessary to communicate important information about the hazards of the contents of containers and tanks to facility personnel, visitors, first responders who may encounter them in the event of an emergency, and any others on site at the facility.
(2) Preparedness and Prevention and Emergency Procedures
EPA promulgated regulations in Section 262.16(b)(8–9) requiring SQGs to immediately notify the fire department in the event of a fire, or the National Response Center in the event of a fire, explosion, or other release which could threaten human health outside the facility, or when SQGs have knowledge that a spill has reached surface water. Applicable provisions also require SQGs to keep records of arrangements the facility entered into with local emergency responders to provide information on the generator’s facility, and require SQGs to post emergency information near the phone. EPA needs this information in order to evaluate and, if necessary, respond to releases of hazardous waste into the environment. It also increases the likelihood that appropriate procedures are in place in case of an emergency. This information also contributes to EPA's goal of quickly responding to, and minimizing the deleterious effects of, hazardous waste releases into the environment.
(3) Requests for Extensions of the Accumulation Period
EPA promulgated regulations in section 262.16(d) allowing SQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit for unforeseen, temporary, and uncontrollable circumstances. EPA needs information about the extension to evaluate the cause of the generators' requests for extensions and to approve/deny requests. These requirements ensure that only generators genuinely in need of an extension are allowed to accumulate wastes longer than 180/270 days (depending on the distance to an off-site destination), and contribute to EPA's goal of preventing contamination of the environment.
(4) Drip Pads
Under section 262.16(b)(4), EPA requires SQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, describe and document waste removal within 90 days, and ensure that waste generation and management practices are consistent with 180-day storage area requirements. These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.
(5) Containment Buildings
Under section 262.16(b)(5), EPA requires SQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 180-day storage, that these procedures are complied with, and that the unit is emptied at least every 90 days. These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.
RECORDKEEPING AND REPORTING REQUIREMENTS
Authority for the recordkeeping requirements is derived from RCRA sections 2002 and 3002. In section 3002(a)(5), Congress directed EPA to establish requirements regarding "recordkeeping practices that accurately identify the quantities of such hazardous waste generated, the constituents thereof which are significant in quantity or in potential harm to human health or the environment, and the disposition of such wastes." In section 2002(a)(1), Congress authorized the Administrator to "prescribe, in consultation with Federal, State, and Regional authorities, such regulations as are necessary to carry out his functions." By requiring generators to keep copies of test results, waste analyses, or other records documenting that a waste is hazardous and to submit additional reports requested by EPA, EPA will have a better understanding of which waste streams at a facility are hazardous wastes. In addition, generators will have more immediate access to the information describing their hazardous wastes' composition; this information may be extremely important to prevent accidental releases (along with the resulting environmental and human health problems). Finally, this information may be useful to the generators in complying with reporting requirements of other environmental laws.
FLEXIBILITIES FOR VSQGs AND SQGs
(1) Intra-organizational Transfers
To afford greater flexibility to VSQGs, in section 262.14(a)(5)(viii) EPA allows VSQGs to send their hazardous waste to an LQG under the ownership of the same organization while maintaining their existing regulatory status. VSQGs must write the words "VSQG Hazardous Waste" on containers and comply with all applicable Department of Transportation Regulations. LQGs must notify EPA that they are accepting intra-organizational waste, maintain records of waste received, and label containers with the date they were received.
(2) Episodic Generation
Part 262 subpart L provides greater flexibility to VSQGs and SQGs that generate much of their hazardous waste on an episodic basis, EPA is allowing a VSQG or an SQG to maintain its existing regulatory status in the event of a planned or unplanned episodic event in which the facility generates a quantity of hazardous waste in a calendar month that will otherwise elevate the facility to a more stringent regulatory status.
EXPORT AND IMPORT REQUIREMENTS
Authority for EPA to oversee the international trade of hazardous wastes is derived from RCRA sections 1006, 1007, 2002(a), 3001–3010, 3013–3015, and 3017 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA), and as amended by the Hazardous and Solid Waste Amendments, 42 U.S.C. 6905, 6906, 6912, 6921–6930, 6934, and 6938.
Section 3017 directs EPA to implement requirements for individuals exporting hazardous waste from the United States, including a notification of the intent to export, and an Annual Report summarizing the types, quantities, frequency, and ultimate destination of all exported hazardous waste. Section 3017 also directs export shipments to conform to the terms of any international agreement between the United States and the country of import. There are three such international agreements that cover the majority of U.S. import and export shipments of hazardous waste: the U.S.-Canada waste bilateral agreement, the U.S.-Mexico waste bilateral agreement, and the multilateral waste agreement between member countries of the Organization for Economic Cooperation and Development (OECD) titled the OECD Council Decision C(2001)107/Final as amended (“OECD Council Decision”).1
By arranging for shipment of the hazardous waste into the United States, a U.S. importer causes the hazardous waste to become subject to RCRA regulations for the first time, and as such the U.S. importer meets the RCRA definition of generator in 40 CFR 260.10. The RCRA import-specific requirements are therefore established under EPA’s authority over RCRA generators. RCRA hazardous waste importers are subject to the hazardous waste generator requirements in 40 CFR Part 262 Subparts A – D and H, with the exception of accumulation conditions for exemption in sections 262.15-.17. RCRA hazardous waste importers cannot accumulate hazardous waste for more than 10 days without a RCRA storage permit. The 90-day generator accumulation time is not applicable to imports of hazardous waste, which are already in transportation. The hazardous waste import shipment may be stored during the normal course of transportation to the designated facility at a transfer facility for 10 days or less, provided that the hazardous waste is packaged in accordance with U.S. Department of Transportation (DOT) packaging regulations (40 CFR section 263.12).
Under the November 28, 2016 “Hazardous Waste Export-Import Revisions” final rule (81 FR 85696), EPA consolidated the hazardous waste import and export regulations so that one set of protective requirements, equivalent to the regulations previously in 40 CFR Part 262 Subpart H implementing the
OECD Council Decision would apply to all imports and exports of hazardous waste. In addition, EPA established a phased in transition to electronic reporting to EPA, and mandated validation of the consent to export as part of the electronic export information submitted to U.S. Customs and Border Protection (CBP) to provide for more efficient processing and compliance monitoring.
EPA applied OECD procedures to strengthen its oversight of such transboundary shipments of hazardous waste, as the OECD procedures are widely accepted as the international standard of control for such shipments. Under 40 CFR Part 262 Subpart H, prior notice and consent is required for exports or imports of RCRA hazardous waste, including those hazardous wastes managed under the alternate standards of 40 CFR Parts 266 or 273. Prior notice and consent allows the U.S. and other involved countries to review the proposed shipment for compliance with domestic laws and regulations prior to any actual shipment. In cases where the proposed shipment would not comply with domestic laws or regulations or where there might be an issue with the proposed receiving facility, the importing country may deny consent, thus preventing a shipment to a facility that does not have the capacity to manage the waste properly. In cases where only one of the countries control the proposed shipment as an import or export shipment of hazardous waste, the OECD procedures are followed by the country that controls the shipment as an import or export of hazardous waste. For example, if a proposed import of RCRA hazardous waste is not controlled as an export of hazardous waste by the country of export, the U.S. importer must submit the notice to EPA directly requesting consent. Shipments must occur under contracts or equivalent arrangements between the exporter, importer and receiving facility that specify compliance with the OECD procedures. When the proposed shipment would comply with domestic laws or regulations and the importing country consents, exporters and importers must ensure that an international movement document accompanies the shipment from the starting site in the country of export to the destination site in the country of import, and copies of the signed movement document must be sent by the receiving facility to the exporter and to the countries of export, import, and transit that respectively control the shipment as an export, import or transit of hazardous waste to confirm receipt of the shipment. Such confirmation reduces the risk of a shipment being misdirected to a country or facility not approved to receive the shipments for disposal or recovery. The confirmation of receipt also highlights any incident where the shipment is interrupted or misdirected, as the exporter and competent authorities will not receive the confirmation from the approved destination facility within expected timeframes. In such cases, exception reporting is required to be submitted either to EPA for exports or the authorized state agency for imports. Lastly, the confirmation of receipt provides documentation for both the exporter and the countries of import and export that the shipment in fact went to the approved recycling or disposal facility. Once received at the approved facility, management (i.e., treatment and disposal, recovery) of each shipment is required to be completed within one year of shipment delivery, and the destination facility must send confirmation of completing such management back to the exporter and to the competent authorities of the countries of export and import that respectively control the shipment as an export or import of hazardous waste. This requirement minimizes the risk of speculative accumulation or abandonment of the waste shipment, and decreases the potential for associated damage to human health and the environment. For exports, EPA requires that the exporter keep copies of the notices, contracts, EPA Acknowledgement of Consent (AOC) letters, confirmations of receipt, exception reports, confirmations of recovery or disposal, and annual reports for three years. For imports, EPA requires that the importer keep copies of the notices, EPA AOC letters, and contracts for three years. To the extent that the record is submitted electronically to EPA, the record may be stored in EPA’s system.
2(b) USE AND USERS OF THE DATA
HAZARDOUS WASTE DETERMINATION REQUIREMENTS
Hazardous waste generators must follow the waste determination requirements at 40 CFR 262.11 to ensure that they fully and accurately determine whether their solid wastes qualify as RCRA hazardous wastes. Generators who determine their solid waste to be hazardous must handle and dispose of the waste in compliance with the hazardous waste program. Generators have the flexibility to use either testing or knowledge of the waste in making their determinations.
LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS
(1) Labeling
LQGs use the labeling information to maintain compliance with RCRA hazardous waste regulations and communicate the hazards to facility personnel, visitors, first responders who may encounter them in the event of an emergency, and any others on site at the facility.
(2) Personnel Training
LQGs use information in the personnel training records to ensure that personnel acquire the necessary expertise to perform their jobs. During inspections, EPA reviews job descriptions and training documents to determine whether each person is receiving a level of training that is commensurate with the person's duties and responsibilities as well as the ability to respond to any emergency situations at the facility.
(3) Contingency Plan and Emergency Procedures
Local emergency response teams, LQGs, and EPA use information included in the contingency plan to assure an appropriate response to any unplanned release of hazardous waste or hazardous waste constituents. EPA reviews information in the contingency plan and emergency report to determine whether additional site-specific emergency provisions are necessary.
EPA, as well as local and State government agencies responding to any releases, uses the information submitted by LQGs under section 262.17(a)(6) to document and respond to any spills or other unplanned releases of hazardous wastes into the environment.
(4) Tank Systems
In section 262.17(a)(2), EPA requires LQGs that accumulate hazardous waste in tank systems to comply with standards detailed in part 265 subpart J. The following lists each information collection requirement that applies to tank systems and describes how EPA uses the information.
A no-free-liquids demonstration (§265.190(a)). EPA uses this demonstration to decide whether it may exempt LQGs that meet this and other conditions (using tanks that contain no free liquids and are situated in a building with an impermeable floor) from the requirements of section 265.193.
Existing tank system assessments (§265.191). EPA uses this information to assure that LQGs operating tank systems without secondary containment carefully evaluate the tank systems’ primary containment capability to ensure that the tank systems are not leaking.
New tank system assessments and certifications (§265.192). EPA uses new tank system assessments and certifications to assure that any new system components installed at the LQG facilities are appropriate for and will adequately contain hazardous waste.
An equivalent containment exemption (§265.193(d)(4)). EPA may grant this exemption to LQGs that can demonstrate that their release containment system is equivalent to a liner, vault, or double-walled tank. This exemption lessens the burden on LQGs without compromising public health or the environment.
An exemption from the 24-hour leak detection requirement (§265.193(e)(3)(iii)). EPA may grant this exemption to LQGs that can demonstrate that existing technologies or site conditions will not allow detection of a leak within 24 hours. This exemption allows these LQGs to use a system that will detect failure and contamination at the earliest practicable time.
A variance from the secondary containment requirements (§265.193(g)). EPA may grant LQGs a variance from all secondary containment requirements if they can demonstrate that alternative design and operating principles, together with location characteristics, will be as protective of the environment as secondary containment. This variance lessens the burden on LQGs without compromising public health or the environment.
A notification of intent to conduct and submit a demonstration for a variance from secondary containment (§265.193(h)). The Regional Administrator must be notified of the intent of an owner or operator to conduct and submit a demonstration for a variance from secondary containment so that EPA can evaluate and the public can participate in the process and to reduce the burden and costs without compromising protection of human health and the environment.
Annual leak tests and inspections for LQGs using tests that do not meet the secondary containment requirements (§265.193(i)). EPA uses this information to ensure that hazardous wastes are not leaking into the environment.
An exemption from the 24-hour waste removal requirement (§265,196(b)). EPA uses information submitted by LQGs under these sections to decide whether to grant the exemptions. EPA regulations require facilities at which there has been a spill to remove, within 24 hours, enough waste from the system to prevent further release and allow for inspection and repair of the tank. If the LQG can demonstrate that it is not possible to do so within 24 hours, EPA will allow the LQG to remove the waste at the earliest practicable time.
Release notifications and reports, and major repair certifications (§265.196(d) and (f)). EPA uses release notifications and reports to document hazardous waste releases and track the progress of their cleanup. In cases in which a release has been caused by major system damage, the Agency uses the certifications to document that the system has been adequately repaired.
(5) Drip Pads
In 262.17(a)(3), EPA requires LQGs that accumulate hazardous waste on drip pads to comply with contingency plan, assessment, upgrading, repair, and release-related information collection requirements, as well as to document the proper use of drip pads and compliance with 90-day waste removal requirements. EPA uses these data to ensure that drip pads are protective of health and the environment and are designed, improved, repaired and used in a manner that is environmentally sound. Moreover, EPA uses this information to document compliance with the limitations placed on generators using drip pads for 90-day accumulation.
(6) Containment Buildings
In 262.17(a)(4), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with certification, release notification, repair, and design-related requirements, as well as to document the existence of storage procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90-day storage, that these procedures are complied with, or that the unit is emptied at least every 90 days. EPA uses this data to ensure that the containment building is designed according to applicable standards, that releases are reported and documented, and that necessary repairs are documented. The Agency also uses this information to document compliance with the 90-day limit on waste storage. Overall, these requirements ensure that containment buildings are used in a manner that is protective of human health and the environment.
(7) Requests for Extensions of the Accumulation Period
EPA uses the information submitted in the accumulation extension period request to determine whether a generator should be granted additional time to accumulate waste on site in unforeseen, temporary, and uncontrollable circumstances.
LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS
(1) Air Emissions from Process Vents
Records and reports required in 40 CFR part 265, subpart AA are used to enable EPA to: (1) identify generators that are not in compliance with the standard and (2) ensure that the standards required by section 3004(n) are being implemented effectively. Based on reported information, EPA can decide how many generator inspections will be needed, which generators should be inspected, and what records or processes should be reviewed at the generator unit. The records that generators maintain play a significant role for the unit owner or operator in assessing unit personnel efforts and in determining whether the unit is in compliance with the standard.
(2) Air Emissions from Equipment Leaks
Records and reports required in 40 CFR part 265, subpart BB are used for the same purposes as the information required under subpart AA, e.g., to identify generators that are not in compliance with the standards and take enforcement action, if needed.
SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS
(1) Labeling
SQGs use the labeling requirements to ensure compliance with accumulation and handling requirements and to communicate the hazards to facility personnel, visitors, first responders who may encounter them in the event of an emergency, and any others on site at the facility.
(2) Preparedness and Prevention and Emergency Procedures
EPA, as well as local and State government agencies responding to any releases, use the information submitted by SQGs under section 262.16(a)(8–9) to document and respond to any spills or other unplanned releases of hazardous wastes into the environment. EPA also uses this information to assess the needs and state of readiness of generators and to facilitate appropriate responses in cases of an emergency.
(3) Requests for Extensions of the Accumulation Period
EPA uses the information submitted in the accumulation period extension to determine whether an SQG should be granted additional time to accumulate waste on site in unforeseen, temporary, or uncontrollable circumstances.
(4) Drip Pads
Under section 262.16(b)(4), EPA requires SQGs that accumulate hazardous waste on drip pads to comply with subpart W of part 265, as well as to describe and document waste removal within 90 days. These requirements ensure that drip pads are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.
(5) Containment Buildings
Under section 262.16(b)(5), EPA requires SQGs that accumulate hazardous waste in containment buildings to comply with subpart DD of part 265, as well as to document the existence of procedures that ensure the waste remains in the unit for no more than 90 days, that waste generation and management practices are consistent with 90-day storage area requirements, and that these procedures are complied with. These requirements ensure that containment buildings are designed and used in a manner that is protective of human health and the environment. The information collection requirements document the proper design and use of this type of unit.
RECORDKEEPING AND REPORTING REQUIREMENTS
In monitoring compliance and enforcing regulations, EPA relies on the recordkeeping requirements in sections 262.11 and 262.44 to provide a record of generators' hazardous waste generation, determination status (e.g., testing or knowledge), and its eventual disposition.
EXPORT AND IMPORT REQUIREMENTS
The Office of Enforcement and Compliance Assurance, U.S. EPA, uses the information provided by each U.S. exporter, receiving facility, transporter, and recognized trader to determine compliance with the applicable RCRA regulatory provisions. In addition, the information is used to determine the number, origin, destination, and type of exports from and imports to the U.S. for tracking purposes and for reporting to the OECD. This information also is used to assess the efficiency of the program.
3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
3(a) NONDUPLICATION
Most of the information required by the regulations covered by this ICR is not available from any source but the respondents. In certain occasions, such as the notification of intent to export hazardous waste, EPA allows the primary exporter to submit one notice that covers activities over a period of twelve months.
Except as described below, the rule will not result in the collection of duplicate data. Although some of the information required for the hazardous waste manifest and the movement document is substantively the same, up to six pieces of additional information are required for the movement document. In addition, these two documents serve different purposes. A signed copy of the hazardous waste manifest, which is not valid beyond U.S. borders, is returned to the generator when the shipment leaves the U.S. In addition, the manifest tracking number is now required to be filed in the Automated Export System (AES) in U.S. Customs and Border Protection’s Automated Commercial Environment by the exporter as part of the EPA required information to verify pertinent information, including date of departure, destination country, and consent to ship the contents of the shipment. The movement document must accompany the shipment until it reaches the foreign recovery facility. The signed movement document is subsequently returned to EPA and the U.S. exporter to acknowledge receipt of the shipment.
In certain cases, some of the information on the tracking document also may be collected by the information required to be filed in the AES under U.S. Department of Commerce Census Bureau regulations at 15 CFR Part 30. The AES filing, which is required for all shipments that have a value in excess of $2,500 or that are required to be shipped under an export license issued by a federal agency, must be filed prior to arrival at the U.S. port of exit, similar to the current export requirements. However, the AES information is not adequate for EPA's purpose of tracking and identifying the export of hazardous waste from the U.S. For example, the wastes are identified by tariff codes that are less precise than the waste codes required by the tracking document.
3(b) PUBLIC NOTICE
In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on July 3, 2018. The public comment period extended through September 4, 2018. EPA received one comment from the American Petroleum Institute on this ICR in response to the Federal Register notice. The commenter requested that EPA provide an exemption from the quick reference guide requirements in section 262.262(b) for facilities that have their own emergency response capabilities. Such a change would require a new rulemaking, however, and is beyond the scope of this ICR. In lieu of initiating a new rulemaking at this time, the Agency will consider whether to address the issue through guidance or other means.
3(c) CONSULTATIONS
Many of the data and assumptions in this ICR are based on consultations with industry and States conducted for the Generator rule ICR. The consultations were recent enough and sufficiently comprehensive to be applicable to this ICR. Specifically, EPA consulted state agencies on the ICR’s assumptions regarding hazardous waste generation quantities and the number of waste streams managed by facilities in the potentially affected universe.
The following is a list of organizations contacted for information supporting the development of this ICR.
Organization |
Contact |
Connecticut Department of Energy and Environmental Protection |
Ross Bunnell |
Idaho Department of Environmental Quality |
Rene Anderson |
Maine Department of Environmental Protection |
Cherie Plummer |
Maryland Department of the Environment |
Jennifer Hopper |
Minnesota Pollution Control Agency |
Regina Small |
New Jersey Department of Environmental Protection |
Mike Hastry |
New York Department of Environmental Conservation |
Michael Hill |
Oregon Department of Environmental Quality |
Mary Fritzman |
Washington Department of Ecology |
Jean Newman |
3(d) EFFECTS OF LESS FREQUENT COLLECTION
EPA has carefully considered the burden imposed upon the regulated community by the generator standards. EPA is confident that those activities required of respondents are necessary, and to the extent possible, have attempted to minimize the burden imposed. EPA believes strongly that if the minimum requirements specified under the regulations are not met, neither the generators 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 started in the 1995 Paperwork Reduction Act (PRA), OMB’s implementing regulations, OMB’s Information Collection Review Handbook, and other applicable OMB guidance.
3(f) CONFIDENTIALITY
Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality.
3(g) SENSITIVE QUESTIONS
No questions of a sensitive nature are included in any of the information collection requirements.
4. THE RESPONDENTS AND THE INFORMATION COLLECTED
4(a) RESPONDENTS AND NAIC CODES
The following is a list of North American Industry Classification System (NAICS) codes, associated with generators most likely to be affected by the generator information requirements covered under this ICR:2 The Generator rule did not impact the table below, however, the Export-Import rule affected all persons who export or import (or arrange for the export or import) hazardous waste being shipped for either recycling or disposal, spent lead-acid batteries being shipped for reclamation, industrial ethyl alcohol being shipped for reclamation, and hazardous recyclable materials being shipped for precious metal recovery, and hazardous waste samples of more than 25 kilograms being shipped for waste characterization or treatability studies. Potentially affected industries may include, but are not limited to the following:
Table 1
List of NAICS Codes
NAICS code |
Description |
113 |
Forestry and Logging |
115 |
Support Activities for Agriculture and Forestry |
211 |
Oil and Gas Extraction |
212 |
Mining (except Oil and Gas) |
221 |
Utilities |
311 |
Food Manufacturing |
313 |
Textile Mills |
314 |
Textile Product Mills |
315 |
Apparel Manufacturing |
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 and Appliance Manufacturing |
336 |
Transportation Equipment Manufacturing |
337 |
Furniture and Related Product Manufacturing |
339 |
Miscellaneous Manufacturing |
423 |
Merchant Wholesalers, Durable Goods added |
424 |
Merchant Wholesalers, Nondurable Goods |
511 |
Publishing Industries |
512 |
Motion Picture and Sound Recording Industries |
522 |
Credit Intermediation and Related Activities |
525 |
Funds, Trusts, and Other Financial Vehicles |
531 |
Real Estate |
541 |
Professional, Scientific, and Technical Services |
561 |
Administrative and Support Services |
562 |
Waste Management and Remediation Services |
721 |
Accommodation |
812 |
Personal and Laundry Services |
813 |
Religious, Grantmaking, Civic, Professional, and Similar Organizations |
4(b) INFORMATION REQUESTED
This ICR incorporates new regulations from two recently promulgated rules: The Hazardous Waste Generator Improvements rule of 2016 (OMB Control No. 2050-0213) and the Hazardous Waste Export-Import Revisions rule of 2016 (OMB Number 2050-0214). Information collections required under 40 CFR part 262, including the collections required in the two recently promulgated rules, are described in this section. EPA identifies which collections are incorporated from the two recently promulgated rules in Exhibits 2 through 9.
HAZARDOUS WASTE DETERMINATION REQUIREMENTS
40 CFR 262.11 requires that, if a person generates a solid waste, he or she must determine if that waste is a hazardous waste. The person should first determine if the waste is excluded from regulation under 40 CFR 261.4. He or she must then determine if the waste is listed as a hazardous waste in subpart D of 40 CFR part 261. For purposes of compliance with 40 CFR part 268, or if the waste is not listed in subpart D of 40 CFR part 261, the generator must then determine whether the waste is identified in subpart C of 40 CFR part 261 by either testing the waste or applying knowledge of the hazard characteristics of the waste in light of the materials or the processes used.
(i) Data item:
Both LQGs and SQGs are required to maintain records that support their hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined in section 261.3. They must be kept for a period of at least three years.
(ii) Respondent activities:
In making a hazardous waste determination, respondents must:
Test their waste; or
Use knowledge of the waste.
Maintain records related to waste determinations for at least three years.
LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS
Large quantity generator pre-transport requirements comprise seven distinct categories of informational requirements: labeling, personnel training, contingency planning and emergency procedures, tank systems, drip pads, containment buildings, and requests for extensions of the accumulation period.
(1) Labeling
40 CFR 262.17(a)(4–5) require that LQGs label each container, tank, or containment building accumulating hazardous waste with the words "Hazardous Waste," an indication of the hazards of the contents, and the date upon which each period of accumulation begins. Section 262.15(a)(5) requires LQGs accumulating either hazardous waste or acutely hazardous waste at or near the point of generation to mark these containers in "satellite accumulation areas" with the words "Hazardous Waste" and an indication of the hazard. Section 262.15(a)(6) further requires that, if the LQG accumulates hazardous waste or acutely hazardous waste in a satellite accumulation area in excess of specified amounts, the LQG must, within three days, move that excess waste to a 90-day accumulation area. During that three-day period, the LQG must mark the container holding the excess accumulation with the date the excess amount began accumulating.
(i) Data items
Labels with the words “Hazardous Waste”
An indication of the hazards of a container’s contents (e.g., the applicable hazardous waste characteristics); and either
The date that the allowable accumulation amount was exceeded for containers in satellite accumulation areas; or
The date upon which accumulation began for containers in 90-day storage areas
In addition, LQGs must place the following information in a conspicuous area on or near containment buildings:
The words “Hazardous Waste”
An indication of the hazards of the waste.
The date that accumulation began
(ii) Respondent activities
In complying with sections 262.15(a)(5) and 262.17(a)(4–5) LQGs are required to label containers, tanks, and containment buildings with the following information: (1) the words “Hazardous Waste;” (2) an indication of the hazards of a container’s contents; and (3) either the date upon which each period of accumulation begins clearly visible for inspection on each container in 90-day accumulation areas, or the date that the allowable accumulation amount was exceed for containers in satellite accumulation areas.
(2) Personnel Training
LQGs must comply with requirements in section 262.17(a)(7), which requires LQGs to maintain copies of personnel training documents and records at the facility, and maintain those records until closure of the facility, except as otherwise specified.
(i) Data items
Personnel training records should include the following data items:
--Job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
--Written job description for each position, which includes the necessary skill, education, or other qualifications and duties of employees assigned to each position;
--Written description of the type and amount of both introductory and continuing training that will be given to each person filling a position; and
--Records that document that the training or job experience required have been given to, and completed by, facility personnel.
(ii) Respondent activities
Respondents must perform the following activities under section 262.17(a)(7):
Collect the data items listed above; and
Maintain (e.g., photocopying and filing) the information at the facility.
(3) Emergency Response Preparedness
(i) Data items:
Under part 262 subpart M, requirements for prevention, preparedness, and emergency response, LQGs must prepare a contingency plan, attempt to coordinate with local response agencies, and update the plan as needed. In addition, LQGs must maintain records documenting these arrangements with local emergency responders, or if no arrangement exists, that attempts were made to set up this arrangement for at least three years. Most LQGs are likely to have active arrangements with local authorities and will only incur costs to document these arrangements. Currently, EPA estimates that 10 percent of facilities have failed to make arrangements with local emergency responders. In addition, all new LQGs are required to submit a quick reference guide to their contingency plan to emergency management authorities to improve the ability of emergency response teams to respond to an emergency. Furthermore, EPA is requiring any LQG that makes a change to its existing contingency plan to prepare and submit a quick reference guide to their contingency plan to emergency responders.
(ii) Respondent activities:
Existing LQGs will have to document active arrangements with local emergency management authorities, or if no arrangement exists, that attempts were made to set up this arrangement. All new LQGs will have to submit a quick reference guide to their contingency plan to emergency management authorities. Additionally, any LQG that makes a change to its existing contingency plan will also have to submit a quick reference guide to their contingency plan to emergency responders.
(a) Contingency Plan
Section 262.256 requires generators to maintain records of their arrangements with local authorities to become more familiar with the generators' facility and wastes. Section 262.260 requires LQGs to have a contingency plan for their facilities. Section 262.262 requires the generators to maintain a copy of an updated contingency plan at the facility. LQGs are also required to create and submit a quick reference guide of the contingency plan to the local emergency responders. Data elements required by this plan are outlined in section 262.261.
(i) Data items
Contingency plan should include the following data items:
--A description of the actions facility personnel will take in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or, surface water at this facility;
--A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services;
--An updated list of names and emergency phone numbers of all persons qualified to act as emergency coordinators plus designated as primary emergency coordinators and alternates listed in order;
--An updated list of all emergency equipment at the facility and the location, physical description, and capabilities of the emergency equipment. The contingency plan should also indicate where the emergency equipment will be required; and
--An evacuation plan for the facility personnel where there is a possibility that evacuation may be necessary including a description of signals used to begin evacuation, evacuation routes, and alternate routes.
Quick reference guide that includes the following information:
--The types/names of hazardous wastes in layman's terms;
--The estimated maximum amount of each hazardous waste that may be present at any one time;
--Identification of wastes where exposure would require special treatment;
a map of the facility showing where hazardous waste are generated, accumulated, treated, and routes for accessing these wastes,
--A street map of the facility that will show the best way to access the facility as well as evacuate nearby buildings;
--The locations of water supply;
--The identification of on-site notification systems; and
--The name of the emergency coordinator's emergency phone number.
Generators must update their quick reference guide whenever a contingency plan is amended and submit the updated version to the local emergency responders or Local Emergency Planning Committee.
(ii) Respondent activities
In order to comply with these requirements, generators are required to perform the following activities:
Collect the data required in the contingency plan;
Note, where appropriate, whether State or local authorities decline to enter into agreement to become familiar with the LQG’s facility and its wastes;
Write the contingency plan;
Keep a copy of the contingency plan on site;
Submit copies of plan to local police departments, hospitals, and state local emergency response teams; and
Amend the contingency plan when appropriate.
Write and submit a quick reference guide to local emergency responders
(b) Emergency Procedures
Under section 262.265, whenever there is an imminent or actual emergency situation, the emergency coordinator must immediately activate alarms and notify personnel and appropriate State or local emergency response agencies. Whenever there is a release, fire, or explosion, the emergency coordinator must immediately investigate and assess the release and hazard conditions. If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health or the environment outside the facility, he must report his findings to local authorities, as specified, and the government official designated as the on-scene coordinator for that geographical area or the National Response Center (NRC).
(i) Data items
Notification to fire department of imminent or actual emergency situation.
Emergency report to the on-scene coordinator or NRC, including:
--Name and telephone number of reporter;
--Name and address of facility;
--Time and type of incident;
--Name and quantity of material(s) involved;
--The extent of injuries; and
--Possible hazards to human health or the environment outside the facility.
(ii) Respondent activities
Emergency coordinators, or their designees, must conduct the following activities, as applicable:
Notify State or local emergency response agencies of imminent or actual emergency situation;
Whenever there is a release, fire, or explosion, immediately investigate and assess the release and hazard conditions; and
If the facility has had a release, fire, or explosion which could threaten human health or the environment outside the facility boundary, notify local authorities if local evacuation is advisable and notify OSC for that geographical area or the NRC.
(c) Notification of Compliance
Section 262.265 states that LQGs should note in the operating record the time, date, and details of any incident that requires implementing the contingency plan and submit a report on the incident to the Regional Administrator within 15 days that includes such information as the name, address and telephone number of the owner or operator, the date, time, and type of incident, extent of injuries, etc.
(i) Data items
The report must include the following data items:
--Name, address, and telephone number of the generator;
--Name, address, and telephone number of the facility;
--Date, time, and type of incident;
--Name and quantity of material(s) involved;
--The extent of injuries;
--An assessment of actual or potential hazards to human health or the environment; and
--Estimated quantity and disposition of recovered material that resulted from the incident.
(ii) Respondent activities
As required by section 262.265(i), LQGs must:
--Compile information that demonstrates that all affected areas are in compliance;
--Prepare a letter notifying the Regional Administrator of this compliance; and
--Submit the report.
(4) Tank Systems
In section 262.17(a)(2), LQGs that use tanks to accumulate hazardous waste for 90 days or less are required to comply with the requirements in 40 CFR part 265 subpart J.
(a) No Free Liquids Demonstration
Section 265.190(a) exempts LQGs from the requirements of section 265.193 (containment and detection of releases) provided that the tanks are located in buildings with impermeable floors and are used to accumulate wastes that contain no free liquids.
(i) Data item
Demonstration of absence of free liquids, including the results of the Paint Filter Liquids Test, performed as specified in SW-846. Generators must retain the test results on site, in accordance with section 262.40(c).
(ii) Respondent activities
Respondents must perform the following activities in performing this demonstration:
Perform the test; and
Place copy of results in record.
(b) Assessments of Existing Tank Systems' Integrity
Section 265.191 requires LQGs with tank systems that (1) accumulate waste that became hazardous after July 14, 1986 and (2) do not meet the secondary containment requirements of section 265.193 to determine if their tank systems are sufficient for accumulating hazardous waste.
(i) Data items
For each existing tank system, a written assessment that has been reviewed and certified by an independent, qualified registered professional engineer in accordance with section 270.11(d). At a minimum, the assessment must consider the following:
--The design standards to which the tank and ancillary equipment were constructed;
--Hazardous characteristics of the waste(s) that has been and will be handled;
--Existing corrosion protection measures;
--The tank's documented or estimated age; and
--Results of a leak test performed as specified in section 265.191(b)(5)(i) and (ii).
(ii) Respondent activities
Respondents must perform the following activities in assessing their tank systems:
Perform the leak test as specified in section 265.191(b)(5)(i) and (ii);
Obtain the written assessment certified by an independent, qualified and registered professional engineer that attests to the tank system's integrity; and
File the assessment at the facility.
(c) Design and Installation of New Tank Systems or Components
Section 265.192 requires LQGs that install new tank systems or components to obtain written assessments attesting that their tank systems are acceptable for storing hazardous wastes. In addition, LQGs must obtain and keep on file at the facility statements written by those who designed the tank systems and supervised their construction. These statements will verify that the systems were designed and constructed properly.
(i) Data items
For each new tank system, a written assessment that has been reviewed and certified by an independent, qualified, registered professional engineer in accordance with section 270.11(d). At a minimum, the assessment must report on the following:
--The design standards to which the tank and ancillary equipment were constructed;
--Hazardous characteristics of the waste(s) to be handled;
--For new systems or components in which any external metal component of the tank system will be in contact with soil or water, a determination by a corrosion expert of the factors affecting the potential for and protection from corrosion as specified in section 265.192(a)(3)(i) and (ii);
--For underground tank systems likely to be adversely affected by vehicular traffic, the design or operational measures that will protect the tank system from damage; and
--Design considerations to ensure that: 1) tank foundations will maintain the load of a full tank, 2) the systems are anchored so that they will not float or dislodge when placed in a saturated or seismic fault zone, and 3) the systems will withstand the effects of frost heave.
Records of statements written by those who certify the tank system's design and supervise its installation (§265.192(g)). These records must verify that the system was designed and installed according to the regulatory requirements, and that any needed repairs were performed. They must also include the certification statement as required in section 270.11(d).
(ii) Respondent activities
Respondents must perform the following activities in complying with these requirements:
Obtain the written assessment and have it reviewed and certified;
Obtain written statements from those who certified the design of the tank system and supervised its installation; and
File the written statements at the facility.
(d) Containment and Detection of Releases
Section 265.193 requires LQGs operating tank systems to have secondary containment that will prevent the release of hazardous constituents into the environment. New tank systems must have the containment installed prior to their being put into service. The dates by which containment must be installed on existing tank systems depend upon the waste types handled, the system's age, and other factors. The information collection requirements in this section include reports to the Regional Administrator that, upon approval, will exempt, when appropriate, tank system generators from specific secondary containment standards. In addition, section 265.193(g) allows LQGs to obtain variances from all secondary containment requirements if they can demonstrate to the Regional Administrator that alternative design and operating practices, together with location characteristics, will be as protective of the environment as secondary containment.
(1) Equivalent Containment Devices
Section 265.193(d) requires all secondary containment for tank systems to include one or more of the following devices: a liner; a vault; a double-walled tank; or an equivalent device, as approved by the Regional Administrator. Though some respondents may choose to use a previously-approved containment device, this ICR assumes that generators will submit to the Regional Administrator written information regarding the design and type of device, as well as additional information that may be necessary to substantiate a claim that the device is equivalent to a liner, vault, or double-walled tank.
(i) Data items
Written information regarding the design and type of containment device as well as additional information that may be necessary to substantiate a claim that the device is equivalent to a liner, vault, or double-walled tank.
(ii) Respondent activities
Respondents must perform the following activities in obtaining approval for their equivalent containment device:
Gather information regarding the design and type of containment device as well as additional information necessary to substantiate a claim that the device is equivalent to a liner, vault, or double-walled tank; and
Submit the information to the Regional Administrator.
(2) Exemption from 24-hour Leak Detection Requirement
Section 265.193(e)(3)(iii) requires secondary containment systems to have a leak detection system that will detect a release within 24 hours. If LQGs can demonstrate to EPA that existing technologies or site conditions will not allow detection within 24 hours, they may use a leak detection system that will detect failure or contamination "at the earliest practicable time."
(i) Data items
Demonstration regarding existing technologies or site conditions sufficient to show that the leak detection system cannot detect failure or contamination within 24 hours.
(ii) Respondent activities
Respondents must perform the following activities in obtaining an exemption from the 24-hour detection requirement:
Compile evidence showing that the leak detection system cannot detect failure or contamination within 24 hours; and
Submit the evidence to the Regional Administrator.
(3) Variance from Secondary Containment Requirement
Section 265.193(g) allows LQGs to obtain a variance from all secondary containment requirements if they can demonstrate to the Regional Administrator that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous constituents into the ground water or surface water as effectively as secondary containment. In the event of a release that does migrate to ground or surface water, facilities must demonstrate the release will pose no substantial hazard.
(i) Data items
Written notification to the Regional Administrator indicating intent to conduct and submit a demonstration for a variance from secondary containment. This notification must contain:
--Description of the steps necessary to conduct the demonstration (which must address each factor listed in §265.193(g)(1) and (2)); and
--Timetable for completing each step.
(ii) Respondent activities
Respondents must perform the following activities in obtaining a variance from secondary containment:
Prepare the notification of intent to conduct a demonstration;
Submit the notification to the Regional Administrator (for existing tank systems, notification must be submitted 24 months prior to the date at which secondary containment must be provided; for new systems, notification must be submitted at least 30 days before entering into a contract to install the system);
Complete the demonstration in accordance with section 265.193(g)(1) and (2); and
Submit the completed demonstration to the Regional Administrator within 180 days of submitting the notification.
(4) Annual Leak Test and Inspections
Section 265.193(i) requires LQGs, until they meet the secondary containment requirements, to conduct annual leak tests and/or inspections of their tanks and ancillary equipment. Records of these assessments must be kept on file at the facility.
(i) Data items
Record of the results of the leak tests and/or inspections (§265.193(i)).
(ii) Respondent activities
Respondents must perform the following activities in filing a record of the assessment results:
For non-enterable underground tanks, conduct a leak test that meets the requirements of section 265.191(b)(5);
For all other tanks and for ancillary equipment, conduct an annual leak test that meets the requirements in section 265.191(b)(5) or have the tanks and equipment inspected as described in section 265.193(I)(1);
Record the inspection and/or test results; and
Maintain on file at the facility a record of the results.
(e) Responses to Leaks or Spills; Disposition of Leaking or Unfit-for-Use Tank Systems
Section 265.196 requires LQGs with a tank system or secondary containment system from which there has been a spill to remove it from service immediately. Section 265.196(b) requires LQGs, within 24 hours, to remove enough waste from the system to prevent further release and allow for inspection and repair of the tank. If the LQG can demonstrate that it is not possible to do so within 24 hours, the waste may be removed at the earliest practicable time.
(1) Exemptions from 24-hour waste removal requirement
(i) Data items
Demonstration sufficient to show that, within 24 hours, the generator cannot remove enough waste from the system to prevent further release and allow for system inspection and repair.
(ii) Respondent activities
Respondents must perform the following activities in making this demonstration:
Compile evidence showing that, within 24 hours, enough waste cannot be removed from the system to prevent further release and allow for system inspection and repair.
Submit the evidence to the Regional Administrator.
(2) Release Notifications and Reports
Section 265.196(d) requires LQGs to comply with certain reporting requirements in the case of a leak or spill. LQGs must notify the Regional Administrator of any release to the environment (except as defined in §265.196(d)(2)) within 24 hours of detection (if the release has been reported pursuant to 40 CFR part 302 (CERCLA §103), that report will satisfy this requirement), and submit a detailed report within 30 days. In addition, if the generator has made major repairs to the system, section 265.196(f) requires that generators submit to the Regional Administrator a certification of major repairs. This certification, obtained by an independent qualified registered professional engineer in accordance with section 270.1(d), documents that the system has been repaired and is capable of handling hazardous waste without release, and must be submitted to the Regional Administrator within seven days of returning the system to use.
(i) Data items
A notification to the Regional Administrator that there has been a release;
A report to the Regional Administrator containing the following information:
--The release's likely migration route;
--The surrounding soil characteristics;
--The results of any monitoring or sampling conducted in connection with the release (if not available within 30 days, results must be submitted as soon as practicable);
--The release's proximity to downgradient drinking water, surface water, and population areas; and
--A description of the response actions taken or planned.
A certification by an independent, qualified, registered professional engineer in accordance with section 270.11(d) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.
(ii) Respondent activities
Respondents must perform the following activities in preparing and submitting release notifications and reports:
Within 24 hours of detection, notify the Regional Administrator that there has been a release;
Within 30 days of detection, the LQG must:
--Determine the release's likely migration route;
--Provide information on the surrounding soil characteristics;
--Conduct appropriate monitoring or sampling;
--Determine the release's proximity to downgradient drinking water, surface water, and population areas;
--Describe the response actions taken or planned; and
--Compile the report.
Submit the report.
(3) Major Repair Certifications
(i) Data item
Certification
(ii) Respondent Activities
Respondents must perform the following activities in preparing and submitting a certification of major repairs:
Obtain a certification from an independent, qualified, registered professional engineer, in accordance with section 270.11(d); and
Within seven days of returning the system to use, submit the certification to the Regional Administrator.
(5) Drip Pads
Under section 262.17(a)(3), EPA requires LQGs that accumulate hazardous waste on drip pads comply with contingency plan, assessment, upgrading, repair, and release-related information collection requirements, as well as document the proper use of drip pads and compliance with 90-day waste removal requirements.
(a) Contingency Plan
Section 265.440(c)(1) provides that facilities with infrequent and incidental drippage in storage yards may be exempt from drip pad requirements if they prepare a contingency plan that responds to such drippage.
(i) Data items
Maintenance of contingency plan that addresses clean-up of incidental drippage; and
Records of clean-up.
(ii) Respondent activities
Respondents must perform the following activities:
Prepare contingency plan;
Document clean-up of incidental drippage; and
Retain documentation for 3 years.
(b) Adequacy of Existing Drip Pads
Sections 265.441(a), (b) and (c) require generators using drip pads to maintain on file an assessment of pad integrity, prepare and submit a plan for upgrading the pad (as necessary to meet applicable regulation) to the Regional Administrator, and submit drawings and a certification of the pad to Regional Administration.
(i) Data items
An assessment of pad integrity;
A plan for upgrading the pad to meet the applicable regulatory standards; and
Drawings of the pad and a certification by an independent, qualified, registered professional engineer that upon completion of repairs and modifications the pad conforms to the drawings.
(ii) Respondent activities
Respondents must perform the following activities:
Prepare and maintain an assessment of pad integrity;
Prepare a plan for upgrading the pad to meet the applicable regulatory standards; and
Prepare drawings of the pad and obtain the certification of an independent, qualified, registered professional engineer that the pad conforms to the drawings.
(c) Design and Operating Requirements
Section 265.443 requires that generators using drip pads must maintain an assessment of the drip pad and records of any release of hazardous waste. These generators must also notify the Regional Administrator and provide written notice of any release of hazardous waste as well as of the completion of modifications or repairs. Certification of such modifications or repairs is also required. Finally, generators using drip pads must document operating and waste handling practices in their operating log.
(i) Data items
An assessment of the drip pad reviewed and certified by an independent, qualified, registered professional engineer;
A record of any condition contributing to or actual release of hazardous waste from the drip pad;
Notice to the Regional Administrator of any release of hazardous waste;
Notice to the Regional Administrator of completion of any repairs required to meet applicable standards;
Certification of an independent, qualified, registered professional engineer that the repairs satisfy applicable standards; and
Documentation of operating and waste handling practices.
(ii) Respondent activities
Respondents must perform the following activities:
Prepare an assessment of the drip pad and have the assessment certified by an independent, qualified, registered professional engineer;
Place a record of any condition contributing to or actual releases of hazardous waste from the drip pad in the operating log;
Notify the Regional Administrator of releases of hazardous waste and provide written notice of same;
Provide notice to the Regional Administrator of the completion of any repairs required to meet applicable standards;
Provide a copy of the certification of an independent, qualified, registered professional engineer that the repairs satisfy applicable standards to the Regional Administrator; and
Prepare documentation of operating and waste handling practices.
(d) Certification of Liner
Section 265.444(a) requires generators using drip pads to place a certification of the adequacy of the liner in their operating log.
(i) Data items
Certification by an independent, qualified, registered professional engineer that following construction or installation the liner meets the specified regulatory standard.
(ii) Respondent activities
Respondents must perform the following activities:
Obtain the certification of an independent, qualified, registered professional engineer that following construction or installation the liner meets the specified regulatory standard; and
Place the certification in the operating log.
(e) Documentation of Waste Removal
Section 262.17(a)(3)(iii) requires generators using drip pads to maintain a description of their 90-day waste removal practices and to document each waste removal.
(i) Data items
A description of 90-day waste removal practices; and
Documentation of each waste removal.
(ii) Respondent activities
Respondents must perform the following activities:
Prepare a description of 90-day waste removal practices; and
Document each waste removal.
(6) Containment Buildings
Under section 262.17(a)(4), EPA requires LQGs that accumulate hazardous waste in containment buildings to comply with certification, release notification, repair, and design-related requirements as well as to document storage procedures, waste generation and management practices, compliance with procedures, and that the unit is emptied at least every 90 days.
(a) Design and Performance Documentation
Section 265.1101(c) and (d) require that generators using containment buildings must place a certification of compliance with applicable standards in the record, record releases of hazardous waste, and notify the Regional Administrator of dangerous conditions or releases of waste within 7 days and provide written notice within 14 days. These generators must notify Regional Administrator upon completion of repairs. They must also record and place in the operating plan every 7 days information about operating procedures used to verify the integrity of areas lacking secondary containment (only in buildings that contain areas both with and without secondary containment).
(i) Data items
A certification of an independent, qualified, registered professional engineer that the design of the containment building meets applicable regulatory standards;
Records of any release of hazardous waste from a containment building;
Notification of the Regional Administrator of any release of hazardous waste within 7 days followed by written notice within 14 days;
Notification of the Regional Administrator of the completion of required repairs or clean-up; and
Monitoring data and leak detection data.
(ii) Respondent activities
Respondents must perform the following activities:
Obtain the certification of an independent, qualified, registered professional engineer that the design of the containment building meets applicable regulatory standards;
Place the certification in the operating record;
Maintain records of any release of hazardous waste from a containment building;
Notify the Regional Administrator of any condition contributing to or actual releases of hazardous waste within 7 days, and provide follow-up written notice within 14 days of a release;
Notify the Regional Administrator of the completion of required repairs or clean-up; and
Record monitoring data and leak detection data and place that data in the operating record at least every 7 days.
(b) Documentation of Areas Lacking Secondary Containment
Section 265.1101(d) requires generators using containment buildings to place a description of the facility's procedures to maintain the integrity of areas lacking secondary containment in their operating log. This requirement only applies to containment buildings that contain areas both with and without secondary containment.
(i) Data item
Description of procedures to maintain integrity of areas lacking secondary containment.
(ii) Respondent activities
Respondents must perform the following activity:
Place description of the facility's procedures to maintain the integrity of areas lacking secondary containment in the operating log.
(c) Documentation of Procedures and Compliance
Section 262.17(a)(4) provides that generators using containment buildings must develop written procedures to ensure that waste stored for 90 days or less. These generators must also describe their waste generation and management practices and document that procedures ensuring limited storage are satisfied. Finally, these generators must document that their containment building is emptied at least once every 90 days.
(i) Data items
A written description of the procedures to ensure that waste is stored no more than 90 days;
A written description of the waste generation and management practices showing they are consistent with such 90-day storage;
Documentation that procedures restricting the time of storage are satisfied; and
Documentation that the unit is emptied at least once every 90 days.
(ii) Respondent activities
Respondents must perform the following activities:
Prepare a written description of the procedures to ensure that waste is stored no more than 90 days;
Prepare a written description of the waste generation and management practices showing they are consistent with such 90-day storage;
Prepare documentation that 90-day storage procedures are satisfied; and
Prepare documentation that the unit is emptied at least once every 90 days.
(7) Requests for Extensions of the Accumulation Period
In the case of an unforeseen, temporary, or an uncontrollable circumstance, section 262.17(b) allows large quantity generators to apply for up to a 30-day extension of the 90-day accumulation period limit. At the discretion of the Regional Administrator, these extensions will be granted on a case-by-case basis.
(i) Data items
The data items required in making this request are:
The unforeseen, temporary, or uncontrollable circumstances causing the need for an extension, and
The length of desired extension (up to a limit of 30 days).
(ii) Respondent activities
In order to submit this request, the respondent must undertake the following tasks:
Prepare and submit the request to the Regional Administrator.
(8) Special Requirements for Ignitable and Reactive Wastes
(i) Data items:
RCRA regulations require that LQGs must locate containers holding ignitable or reactive waste at least 15 meters (50 ft.) from the facility’s property line. In urban environments, LQGs may experience difficulty meeting this requirement due to the relatively small footprint of many properties in these areas. To provide flexibility to LQGs, EPA allows LQGs to apply for a facility-specific waiver from their local authority having jurisdiction (AHJ) over the fire code, if they are unable to meet the hazardous waste accumulation property line requirement.
(ii) Respondent activities:
Facilities seeking an exemption will be required to submit a waiver to their local AGJ and maintain a copy of the written approval in their records.
LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS
Large quantity generator air emission standards comprise two new categories of informational requirements: air emission standards for process vents and air emission standards for equipment leaks.
(1) Air Emissions from Process Vents
(a) Control Device Operation Documentation
40 CFR 265.1033(i) requires owner/operators to prepare documentation describing the operation of control devices different from those specified in section 265.1033(f), (g), and (h) and identifying process parameters that indicate proper operation and maintenance of those control devices.
(i) Data items
Description of the control device operation; and
Information on the process parameter or parameters that will be used to indicate proper operation and maintenance of the control device.
(ii) Respondent activities
To comply with section 265.1033(i), respondents must perform the following activities:
Gather information on control device operation and process parameters;
Document control device operation and process parameter information;
Maintain documentation at the unit (required under §265.1035(e));
Reassess control device documentation; and
Modify control device documentation, if necessary.
(b) Waste Determination
40 CFR 265.1034(d)(2) requires owner/operators to document waste determinations that are based on knowledge of the waste rather than testing.
(i) Data item
Data items required for documenting waste determinations are not specified, but may include the following:
Production process information documenting that no organic compounds are used;
Waste generation information documenting that the waste is generated by a process identical to a process at the same or another unit that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw; and
Prior specification analysis results on the same waste stream where it can be documented that no process changes have occurred since the specification analysis was conducted that could affect the waste total organic concentration.
(ii) Respondent activities
To comply with section 265.1034(d)(2), respondents must perform the following activities:
Gather information on production processes, waste generation, and specification analysis
Document information on production processes, waste generation, and specification analysis; and
Maintain documentation at the unit.
(c) Unit Operating Record
(1) Implementation Schedule
(i) Data item
Under 40 CFR 265.1035(b) owner/operators are required to record the following information in the unit operating record:
For facilities that comply with the provisions of section 265.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule must also include a rationale of why the installation cannot be completed at an earlier date.
(ii) Respondent Activities
Prepare the data item;
Reassess;
File and Maintain; and
Modify.
(2) Up-to-date Documentation of Compliance
(i) Data item
Up-to-date documentation of compliance with the process vent standards in section 265.1032, including:
-- Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall unit, and the approximate location within the unit of each affected unit.
-- Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests.
(ii) Respondent Activities
Prepare the data item;
Reassess;
File and Maintain; and
Modify.
(3) Performance Test Plan
(i) Data item
Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan that includes the following information:
-- A description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating ranges of key process and control device parameters during the test program.
--A detailed engineering description of the closed-vent system and control device, including:
- Manufacturer's name and model number of control device;
- Type of control device;
- Dimensions of the control device;
- Capacity;
- Construction materials.
--A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(ii) Respondent Activities
Prepare the data item;
Reassess;
File and maintain; and
Modify.
(4) Documentation of Compliance
(i) Data item
Documentation of compliance with section 265.1033 including the following information:
--A list of all information references and sources used in preparing the documentation;
--If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" or other engineering texts acceptable to the Regional Administrator that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used;
--A statement signed and dated by the owner/operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur; and
--A statement signed and dated by the owner/operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of section 265.1032(a) is achieved at an efficiency less than 95 percent or the total organic emission limits of section 265.1032(a) for affected process vents at the unit can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement provided by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.
(ii) Respondent Activities
Prepare the data item;
Reassess;
File and Maintain; and
Modify.
(5) Design, Monitoring and Inspections Information
(i) Data item
Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions including:
--Description and date of each modification that is made to the closed-vent system or control device design;
--Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with sections 265.1033(f)(1) and (f)(2);
--Monitoring, operating and inspection information required by paragraphs (f) through (k) of section 265.1033;
--Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis;
--Explanation for each period recorded under paragraph (4) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;
--For a carbon adsorption system operated subject to requirements specified in sections 265.1033(g) or 265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;
--For a carbon adsorption system operated subject to requirements specified in section 265.1033(h)(1), a log recording the following information:
-Date and time when control device is monitored for carbon breakthrough and the monitoring device reading;
-Date existing carbon in control device is replaced with fresh carbon; and
-Date of each control device start-up and shutdown.
(ii) Respondent Activities
Prepare the data item;
Reassess;
File and Maintain; and
Modify.
(6) Determination of Applicability to Subpart AA
(i) Data item
Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in section 265.1032 including supporting documentation as required by section 265.1034(d)(2) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produces is used.
(ii) Respondent Activities
Prepare the data item;
Reassess;
File and Maintain; and
Modify
(2) Air Emissions from Equipment Leaks
(a) Notification to implement the alternate valve standard specified in section 265.1061(a)
(i) Data items
40 CFR 265.1061(b)(1) requires owners or operators that have decided to implement the alternative standard for valves specified in section 265.1061(a) to notify the Regional Administrator. No specific data items are to be included in this notification.
(ii) Respondent activities
To comply with section 265.1061(b)(1), respondents must perform the following activities:
Prepare notification; and
Submit notification to the Regional Administrator.
(b) Notification to discontinue implementing the alternative valve standard specified in section 265.1061(a)
(i) Data items
40 CFR 265.1061(d) requires owners or operators that no longer wish to implement the alternative standard for valves specified in section 265.1061(a) to notify the Regional Administrator. No specific data items are to be included in this notification.
(ii) Respondent activities
To comply with section 265.1061(d), respondents must perform the following activities:
Prepare notification; and
Submit notification to the Regional Administrator.
(c) Notification to implement the alternative valve standard specified in sections 265.1062(b)(2) or 265.1062(b)(3).
(i) Data items
40 CFR 265.1062(a)(2) requires owners or operators that have decided to implement the alternative standard for valves specified in sections 265.1062(b)(2), or 265.1062(b)(3) to notify the Regional Administrator. No specific data items are to be included in this notification.
(ii) Respondent activities
To comply with section 265.1062(a)(2), respondents must perform the following activities:
Prepare notification; and
Submit notification to the Regional Administrator.
(d) Non-Hazardous waste documentation
(i) Data items
40 CFR 265.1063(d)(3), requires owners or operators that determining that each piece of equipment does or does not contain hazardous waste with organic concentration that equals or exceeds 10 percent waste to document the determination if it was based on knowledge rather than testing. Data items required for documenting waste determinations are not specified, but may include the following:
Production process information documenting that no organic compounds are used;
Waste generation information documenting that the waste is generated by a process identical to a process at the same or another unit that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw; and
Prior specification analysis results on the same waste stream where it can be documented that no process changes have occurred since the specification analysis was conducted that could affect the waste total organic concentration.
(ii) Respondent activities
To comply with section 265.1063(d)(3), respondents must perform the following activities:
Gather information on production processes, waste generation, and specification analysis;
Document information on production processes, waste generation, and specification analysis;
Maintain documentation at the unit.
(e) Unit operating record
(1) Equipment Record
(i) Data item
Under 40 CFR 265.1064(b) owner/operators are required to record the following information in the unit operating record:
For each piece of equipment to which subpart BB applies:
--Equipment identification number and hazardous waste management unit identification;
--Approximate locations within the unit;
--Type of equipment;
--Percent-by-weight total organics in the hazardous waste stream at the equipment;
--Hazardous waste state at the equipment; and
--Method of compliance with the standard.
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(2) Implementation Schedule
(i) Data item
For facilities that comply with the provisions of section 265.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule must also include a rationale of why the installation cannot be completed at an earlier date.
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(3) Performance Test Plan
(i) Data item
Where an owner/operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in section 265.1035(b)(3);
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(4) Documentation of Compliance
(i) Data item
Documentation of compliance with section 265.1060, including detailed design documentation or performance test results specified in section 265.1035(b)(4);
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(5) Leak Inspection Log
(i) Data item
When each leak is detected as specified in sections 265.1052, 265.1053, 265.1057, and 265.1058, an inspection log that includes the following information:
--Instrument and operator identification numbers and the equipment identification number;
--The date evidence of a potential leak was found in accordance with §265.1058(a);
--The date the leak was detected and the dates of each attempt to repair the leak;
--Repair methods applied in each attempt to repair the leak;
--"Above 10,000" if the maximum instrument reading measured by the methods specified in section 265.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;
--"Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
--Documentation supporting the delay of repair of a valve in compliance with section 265.1059(c);
--The signature of the owner or operator (or designate) whose decision it was that repair could not be affected without a hazardous waste management unit shutdown;
--The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and
--The date of successful repair of the leak.
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(6) Design, Monitoring, Operation, and Inspection Information
(i) Data item
Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with section 265.1060 including:
--Description and date of each modification that is made to the closed-vent system or control device design;
--Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with section 265.1033(f)(1) and (f)(2);
--Monitoring, operating and inspection information required by paragraphs (f) through (j) of section 265.1033;
--Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis;
--Explanation for each period recorded under paragraph (3) of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;
--For a carbon adsorption system operated subject to requirements specified in sections 265.1033(g) or 265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;
--For a carbon adsorption system operated subject to requirements specified in section 265.1033(h)(1), a log recording the following information:
- Date and time when control device is monitored for carbon breakthrough and the monitoring device reading; and
- Date when existing carbon in the control device is replaced with fresh carbon;
--Date of each control device startup and shutdown;
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(7) Equipment Log
(i) Data item
A log recording the following information for all equipment subject to sections 265.1052 through 265.1060:
--A list of identification numbers (except welded fittings) for equipment subject to the standards of subpart BB;
--A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under sections 265.1052(e), 265.1053(i), and 265.1057(f);
--Signed designation of this equipment as subject to the requirements of sections 265.1052(e), 265.1053(i), and 265.1057(f) by the owner or operator;
--A list of equipment identification numbers for pressure relief devices required to comply with section 265.1054(a);
--The dates of each compliance test required in sections 265.1052(e), 265.1053(i), 265.1054, and 265.1057(f);
--The background level measured during each compliance test;
--The maximum instrument reading measured at the equipment during each compliance test; and
--A list of identification numbers for equipment in vacuum service.
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(8) Valve log
(i) Data item
A log for all valves subject to section 265.1057(g) and (h) that includes the following information:
--A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and
--A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.
(ii) Respondent activities
Respondents must:
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(9) In-compliance Valve Log
(i) Data item
For valves complying with section 265.1062, a log containing the following information:
--A schedule for monitoring; and
--The percent of valves found leaking during each monitoring period;
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(10) Criteria Log
(i) Data item
A criteria log containing the following information:
--Criteria required in section 265.1052(d)(5)(ii) and section 265.1053(e)(2) and an explanation of the design criteria; and
--Any changes to these criteria and the reasons for these changes.
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
(11) Exemption Log
(i) Data item
An exemption log containing the following information:
--An analysis determining the design capacity of the hazardous waste management unit;
--A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in sections 265.1052 through 265.1060 and an analysis determining whether these hazardous wastes are heavy liquids; and
--An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in sections 265.1052 through 265.1060. The record shall include supporting documentation as required by section 265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used.
(ii) Respondent activities
Prepare the data item;
Reassess the data item;
File and maintain the data item in the unit operating record; and
Modify the data item, if necessary.
SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS
(1) Labeling
40 CFR 262.16(b)(6) requires that SQGs label each container, tank, or containment building accumulating hazardous waste with the words "Hazardous Waste," an indication of the hazards of the contents, and the date upon which each period of accumulation begins. Section 262.15(a)(5) requires SQGs accumulating either hazardous waste or acutely hazardous waste at or near the point of generation to mark these containers in "satellite accumulation areas" with the words "Hazardous Waste" and an indication of the hazards of the contents of the container. Section 262.15(a)(6) further requires that, if the SQG accumulates hazardous waste or acutely hazardous waste in a satellite accumulation area in excess of specified amounts, the SQG must, within three days, move that excess waste to a central accumulation area (CAA), formerly known as an180-day accumulation area. During that three-day period, the container holding the excess waste must be marked with the date the limit was exceeded.
(i) Data items
Labels with the words “Hazardous Waste”
An indication of the hazards of a container’s contents (e.g., the applicable hazardous waste characteristics); and either
The date that the allowable accumulation amount was exceeded for containers in satellite accumulation areas; or
The date upon which accumulation began for containers in CAAs
In addition, SQGs must place the following information in a conspicuous location on or near containment buildings:
The words “Hazardous Waste”
An indication of the hazards of the waste; and
The date that accumulation began
(ii) Respondent activities
In complying with sections 262.15(a)(5) and 262.16(b)(6) SQGs will be required to label containers and tanks with the following information: (1) the words “Hazardous Waste;” and (2) an indication of the hazards of a container’s contents; and (3) either the date upon which each period of accumulation begins, clearly visible for inspection, on each container in CAAs, or the date that the allowable accumulation amount was exceed for containers in satellite accumulation areas. SQGs that accumulate hazardous waste in containment buildings must also marks these areas with (1) the words “Hazardous Waste” and (2) an indication of the associated hazards.
(2) Emergency Response Preparedness
(i) Data items:
SQGs must attempt to coordinate with local response agencies, and maintain records documenting these arrangements with local emergency responders, or if no arrangement exists, that attempts were made to set up this arrangement.
(ii) Respondent activities:
SQGs have to document active arrangements with local emergency management authorities, or if no arrangement exists, that attempts were made to set up this arrangement.
Section 262.16(b)(8–9) requires that, in the event of a fire, SQGs must call the fire department or attempt to extinguish it using a fire extinguisher. These same sections require SQGs to immediately notify the National Response Center in the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water. These same sections also require SQGs to document if State or local authorities decline to enter into arrangements to become familiar with the site and require SQGs to post emergency information near the phone.
(i) Data items
The data items required in making this report are:
Documentation of attempts to coordinate with emergency responders including instances where local officials decline to enter into arrangements for coordinating response.
The name, address, and US EPA identification number of the generator;
Date, time, and type of incident;
Quantity and type of hazardous waste involved in the incident;
Extent of injuries, if any; and
Estimated quantity and disposition of recovered materials, if any.
Other data items include:
Notification to fire department.
Emergency information by the phone.
(ii) Respondent activities
In order to submit data items, the respondent must undertake the following tasks:
Observe the scene of hazardous waste discharge and gather information regarding the incident;
Report by phone the requested data items to the fire department and/or National Response Center;
Document that local officials decline to enter into arrangements for coordinating response; and
Post emergency information by the phone.
(3) Requests for Extensions of the Accumulation Period
Section 262.16(d) allows SQGs to apply for up to a 30-day extension of the 180- or 270-day accumulation period limit. At the discretion of the Regional Administrator, these extensions will be granted in a case-by-case basis.
(i) Data items
The data items required in making this request are:
The unforeseen, temporary, or uncontrollable circumstances causing the need for an extension, and
The length of desired extension (up to a limit of 30 days).
(ii) Respondent activities
In order to submit this request, the respondent must undertake the following task:
Prepare and submit the request to the Regional Administrator.
(4) Drip Pad and Containment Building Requirements for SQGs
(i) Data items:
SQGs that use drip pads or containment buildings must remove waste at least once every 90 days and comply with the 180-day accumulation area requirements (or 270-day limit if transporting or offering waste for transportation over a distance of 200 miles or more), and all other applicable requirements of section 262.16. Otherwise, SQGs that accumulate hazardous waste on drip pads must comply with all requirements of part 265 subpart W including contingency plan, assessment, upgrading, repair, and release-related information collection requirements.
SQGs that accumulate hazardous waste in containment buildings must, (1) comply with the LQG 90-day accumulation limit (as opposed to the SQG 180-day accumulation limit); (2) place a label in a conspicuous place with the words “hazardous waste,” and an indication of the hazard; (3) maintain the professional engineer certification that the building complies with section 265.1101; (4) keep a written description of the procedure and description of facility activities to ensure that each waste volume remains in the unit for no more than 90 days, or documentation that the unit is empties at least once every 90 days; and (5) maintain inventory logs or records with the above information on site and readily available for inspection.
(ii) Respondent activities:
SQGs that accumulate hazardous waste on drip pads must remove the waste at least once every 90 days and comply with the requirements in section 262.16(b) as well as the design, assessment, and contingency plan requirements in part 265 Subpart W. SQGs that accumulate hazardous waste in containment buildings must remove it at least once every 90 days and comply with the 180-day accumulation time limit, comply with the labeling requirements, and maintain certifications, records and inventory on site and readily available for inspection.
TRANSFER FACILITY REQUIREMENTS
(1) Labeling
(i) Data items:
Transporters that store manifested shipments of hazardous waste in containers at a transfer facility for a period of ten days or less are not subject to the regulation under parts 264, 265, 267, 268, and 270. However, transporters using a transfer facility when consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, must label all containers with (1) the words “Hazardous Waste” (2) the applicable EPA hazardous waste codes and (3) the hazards of the contents of the containers.
While this provision requires transporters to label bulk/mixed wastes, the labeling/marking requirements will assure that all hazardous wastes that transporters receive from SQGs and LQGs meet these labeling requirements. Thus, transporters will only incur additional costs under this provision for consolidating waste received from generators. Furthermore, EPA estimates that the vast majority of hazardous waste containers held at transfer facilities for ten days or less are simply held temporarily and then shipped out.
(ii) Respondent activities:
Transporters are required to label bulk/mixed wastes received from generators that are consolidated at transfer facilities with the following information: (1) the words “Hazardous Waste” (2) the applicable EPA hazardous waste codes, and (3) the hazards of the contents of the containers.
RECORDKEEPING AND REPORTING REQUIREMENTS
(1) Types of Records and Recordkeeping Duration
40 CFR part 262 subpart D requires LQGs to keep records that may be reviewed by EPA during inspections, and to report additional information as required by the Administrator. Section 262.40 requires generators to keep a copy of items, such as signed manifests, BR, and records of test results, for at least three years. Section 262.43 requires LQGs to furnish additional reports regarding the volume and nature of their hazardous wastes as deemed necessary. SQGs are subject to the same recordkeeping and reporting requirements as LQGs except for the Biennial Report.
(i) Data items
LQGs and SQGs are required to maintain a copy of the signed manifests, test results used to determine generator category, and exception reports, for a period of at least three years. The Administrator may require additional reporting, as deemed necessary, concerning the quantities and disposition of wastes identified or listed in 40 CFR part 261.
(ii) Respondent activities
In order to submit the recordkeeping and reporting data items, generators must undertake the following tasks:
Maintain copies of signed manifests, BR (if an LQG), and exception reports for at least three years,
Maintain the test results, waste analyses, or other determinations for at least three years; and
Gather and provide any additional information requested by the Administrator.
(2) Closure
(i) Data items:
LQGs are required to notify EPA or an authorized state agency at least 30 days prior to closure of the facility and subsequently within 90 days after closure that they have either clean closed their generator storage areas, or if they cannot clean close, that they have closed as a landfill. LQGs must comply with general closure provisions (§265.111 and §265.114), which require removing and decontaminating all contaminated equipment, structures, and soil to minimize the need for further maintenance and prevent post-closure release of hazardous waste or constituents into the environment. LQGs storing or treating waste in tanks, drip pads, and containment buildings are also subject to closure requirements specific to these types of units.
(ii) Respondent activities:
Facilities must submit to EPA or an authorized state agency notification at least 30 days prior to closure and subsequent documentation within 90 days after closure that they have either clean closed their generator storage areas, or if they cannot clean close, that they have closed as a landfill. LQGs must also document in their operating record if they close any waste accumulation units prior to the facility closure. If an LQG needs an extension to the 90-day closure period, they must submit a request with the EPA administrator within 75 days of closing.
FLEXIBILITIES FOR VSQGs AND SQGs
(1) Intra-organizational Transfers
(i) Data items:
To afford greater flexibility to VSQGs, EPA is allowing VSQGs to send their hazardous waste to an LQG under the control of the same person, provided that both the VSQG(s) and LQG comply with certain conditions. The VSQG conditions found in section 262.14(a)(5)(viii) are as follows:
A participating VSQG must label containers with the words “VSQG Hazardous Waste,” and
An indication of the hazards of a container’s contents.
According to section 262.17(f), an LQG consolidating hazardous waste from one or more VSQGs under the same organizational structure must:
• Submit a notification to EPA or their authorized state identifying the names, addresses, and contact information for the VSQGs that will be transferring hazardous waste to the LQG;
• Maintain records of all hazardous waste received from VSQGs that include the name, address, and contact information for each VSQG, as well as information on the quantity of each waste shipment received;
• Mark shipments from VSQGs with the date the hazardous waste was received from the VSQG;
• Manage all incoming VSQG hazardous waste in compliance with the regulations applicable to their LQG status;
• Include hazardous waste received from VSQGs in the receiving LQG’s BR submissions (which may result in the inclusion of additional GM forms).
(ii) Respondent activities:
VSQGs must perform the following activities:
• Label containers with the relevant required information.
LQGs must perform the following activities:
• Notify EPA or their authorized state of any VSQG that will be transferring waste;
• Maintain records of all hazardous waste received from VSQGs;
• Mark the date the hazardous waste was received from the VSQGs;
• Complete and submit GM forms for each VSQG waste stream managed along with the BR submission.
(2) Episodic Generation
(i) Data items:
To provide greater flexibility to VSQGs and SQGs that generate some of their hazardous waste on an episodic basis, EPA is allowing a VSQG or an SQG to maintain its existing generator size category in the event of a planned or unplanned episodic event in which the facility generates a quantity of hazardous waste in a calendar month that will otherwise elevate the facility to a more stringent regulatory category. To take advantage of this provision, an SQG or VSQG is subject to the following conditions, described in part 262 subpart L:
• Limit of no more than one planned and one unplanned episodic event per calendar year each lasting no more than 60 days (generators must petition for a second episodic event);
• Notification to EPA or the authorized state at least 30 calendar days prior to initiating a planned episodic event or within 72 hours of an unplanned episodic event;
• VSQGs must obtain a RCRA ID number;
• Facilities must meet the following accumulation standards:
o VSQGs must mark containers with the date the episodic event began; label containers “Episodic Hazardous Waste;” manage hazardous waste in a manner that minimizes the possibility of a fire, explosion, or release of hazardous waste; ensure that tanks are in good condition and compatible with the hazardous waste stored within; and identify an emergency coordinator for the duration of the event;
o SQGs must mark the container or tank log book with the date the episodic event began; label the container or write in the tank log book “Episodic Hazardous Waste” and indicate the hazards of the contents; and comply with the applicable accumulation conditions for SQGs;
• Hazardous waste generated from the episodic event must be managed on-site and manifested and shipped off-site to a permitted TSDF;
• Facilities must complete and maintain records that include (1) the beginning and end dates of the event, (2) a description of the event, (3) the types and quantities of hazardous wastes generated at the event, (4) a description of how the hazardous waste was managed, and (5) name(s) of hazardous waste transporters that transported the waste to a permitted TSDF.
(ii) Respondent activities:
VSQGs must perform the following activities, according to sections 262.232(a) and 262.233:
• Label containers with the relevant required information;
• Complete manifests for hazardous wastes managed off-site;
• Complete and maintain records of all hazardous wastes managed during the episodic event; and
Complete and submit a petition for a second event if required.
SQGs must perform the following activities, according to sections 262.232(b) and 262.233:
• Label containers with the relevant required information,
• Complete and maintain records of all hazardous wastes managed during the episodic event; and
Complete and submit a petition for a second event if required.
EXPORTS AND IMPORTS OF HAZARDOUS WASTES
The requirements in sections 262.80 - .84 apply to the transboundary movements of hazardous wastes (exporters and importers). Section 262.83 contains the requirements for exporters. Section 262.84 contains the requirements for importers.
CDX Registration
Data Items:
EPA Central Data Exchange (CDX) registration is required for all exporters and any importers submitting electronic notices. Electronic notice submittal is required for all exporters. Electronic notice submittal is highly encouraged for all importers needing to submit an import notice, and currently all U.S. importers needing to submit such notices are using the electronic notice submittal method. Each entity required to submit documents electronically will need to register to use the system. To the extent that the Cross Media Electronic Reporting Rule (CROMERR) applies, each submittal will require that the exporter or importer provide an electronic signature.
Under the rule, EPA estimates that any staff involved in the reporting of export/import notices, annual reports, or other required documents would have to register using the electronic receiving system. If identity proofing fails, registrants are routed to an “electronic signature agreement” form that is completed on the computer, printed out, signed, and then mailed to EPA. In addition, EPA estimates that 10 percent of users will have to update their information each year. EPA also estimates that 10 percent of users will have to register as new users due to employee turnover and 1 percent of users will have to re-register due to compromised signatures each year.
Respondent Activities:
All users will need to register using EPA’s electronic receiving system and update their information when necessary. EPA estimates that importers will have an average of 4.8 users and exporters will have an average of 5.1 users.3 If identity proofing fails, the user will need to print and complete a document, sign it, and mail it to EPA.
(2) Notification of Intent to Export
Section 262.83(b) requires the exporters of hazardous wastes to submit a signed notification of intent to export.
(i) Data items
The data items required by this notification include:
The name, address, telephone number, fax number, email address, and EPA ID number of the exporter;
The name, address, telephone number, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81 for the final foreign receiving facility, and for the interim foreign receiving facility if there is one;
The name (if not the owner or operator of the initial foreign receiving facility), address, telephone, fax numbers, and email address of the foreign importer; and
Intended transporter(s) and/or their agent(s); address, telephone, fax, and email address;
“U.S.” as the country of export name, “USA01” as the relevant competent authority code, and the intended U.S. port(s) of exit;
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and the ports of entry and exit for each country of transit;
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of entry for the country of import;
Statement of whether the notification covers a single shipment or multiple shipments;
Start and End Dates requested for the export shipments reflecting either the standard 12-month consent period or up to a 3-year consent period for shipments to foreign facilities in an OECD member country that are preapproved by the country to receive shipments for recovery from another OECD member country;
Expected number or frequency of shipments;
Means of transport planned to be used, including the types of containers containing the hazardous wastes;
For each hazardous waste:
--A description of the hazardous waste, applicable RCRA waste code(s), the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number;
--The estimated total requested quantity to be shipped over the requested consent period; and
--The recovery or disposal operation(s) to be used as defined in §262.81.
Certification signed by the exporter that states that the information is complete and correct, that legally enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantee (if required by the country of import) is or shall be in force covering the transboundary movement.
(ii) Respondent activities
In order to comply with the notification of intent to export requirements, the exporter must undertake the following tasks:
Collect information; and
Prepare, then electronically sign and submit a notification in EPA’s Waste Import Export Tracking System (WIETS) at least 60 days before the initial shipment is intended to be shipped off site. To the extent that the notification is requesting renewal of a previous consent, the exporter can duplicate the previous notification in WIETS and make any needed changes prior to electronic signature and submittal. EPA estimates that 60 percent of exporters will be able to take advantage of this duplication feature and incur no additional burden for providing supplemental information in WIETS. The remaining 40 percent of exporters will have to enter this information for each new export notice.
(2) Re-notification of Intent to Export
Generators are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped, before the hazardous wastes are exported (§262.53(c)). Under section 262.54(g), if a shipment cannot be delivered to the designated or alternate consignee for any reason, the primary exporter must either re-notify EPA before the delivery of the shipment to a new consignee (in accordance with §262.53(c)), or instruct the transporter to return the waste to the exporter or a management facility in the United States.
(i) Data items
Written description of any of the modified notification information. For certain categories of information (e.g., telephone numbers, ports of entry and exit, or decreases in quantity), EPA has waived this re-notification requirement. EPA will inform the recipient and transit countries of the changes and, upon their consent, forward to the primary exporter an EPA Acknowledgment of Consent.
(ii) Respondent activities
In order to comply with the re-notification of the intent to export requirements, the primary exporter must undertake the following tasks:
Collect change to export information; and
Prepare and submit a re-notification documenting changes.
(3) Re-notification of Intent to Export
Exporters are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped or the desired use of an additional transporter, before the hazardous wastes are exported (§262.83(b)(4)).
(i) Data items
Duplicated and modified notification electronically signed and submitted to EPA reflecting the requested changes. EPA will inform the countries of import and transit of the changes if their consent is needed for the changes and, upon their consent, forward to the primary exporter a new EPA Acknowledgment of Consent.
(ii) Respondent activities
In order to comply with the re-notification of the intent to export requirements, the primary exporter must undertake the following tasks:
Collect change to export information; and
Prepare, then electronically sign and submit a re-notification noting requested changes.
(4) Exception Reports
Under section 262.83(e), if a shipment cannot be cannot be completed in accordance with the terms of the contract or the consent(s) and alternative arrangements cannot be made to recover or dispose of the waste in an environmentally sound manner in the country of import, the exporter must ensure that the hazardous waste is returned to the United States or re-exported to a third country. If the waste must be returned, the exporter must provide for the return of the hazardous waste shipment within ninety days from the time the country of import informs EPA of the need to return the waste or such other period of time as the concerned countries agree. In all cases, the exporter must submit an exception report to EPA in accordance with section 262.83(h). Per section 262.83(h), the exporter must file an exception report in lieu of the requirements of §262.42 (if applicable) with EPA if any of the following occurs:
The exporter has not received a copy of the RCRA hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the hazardous waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter, in which case the exporter must file the exception report within the next thirty (30) days;
The exporter has not received a written confirmation of receipt from the foreign receiving facility in accordance with section 262.83(d) within ninety (90) days from the date the waste was accepted by the initial transporter in which case the exporter must file the exception report within the next thirty (30) days; or
The foreign receiving facility notifies the exporter, or the country of import notifies EPA, of the need to return the shipment to the U.S. or arrange alternate management, in which case the exporter must file the exception report within thirty (30) days of notification, or one (1) day prior to the date the return shipment commences, whichever is sooner.
(i) Data items
An exception report containing the following data:
A legible copy of the manifest for the shipment for which the exporter (if the generator) has not received a copy of the manifest signed by the transporter identifying the point of departure within forty-five (45) days from the date it was accepted by the initial transporter;
A legible copy of the movement document for the shipment for which the exporter has not received a copy of the movement document signed by the foreign receiving facility confirming receipt within ninety (90) days from the date it was accepted by the initial transporter; or
A legible copy of the movement document for the shipment for which the exporter has been informed by either the foreign receiving facility or EPA that the shipment must be managed by an alternate facility in the country of import or returned to the United States.
A cover letter signed by the exporter or his authorized representative explaining the efforts taken to locate the hazardous waste shipment and the results of those efforts, or the plans for alternate management or return of the rejected shipment.
(ii) Respondent activities
In order to comply with the manifest requirements, the exporter must undertake the following tasks:
Preparing and submitting a signed cover letter explaining the efforts taken to locate the hazardous waste shipment and the results of those efforts, or the plans for alternate management or return of the rejected shipment, along with a copy of the RCRA manifest and/or movement document; and
(5) International Movement Document
Under section 262.83(d), exporters of hazardous wastes must provide information and ensure use of a movement document through contracts. This is in addition to the RCRA manifest requirements (OMB Control No. 2050-0039).
(i) Data items
The corresponding consent number(s) and hazardous waste number(s) for the listed hazardous waste from the relevant EPA AOC(s);
The shipment number and the total number of shipments from the EPA AOC;
Exporter name and EPA identification number, address, telephone, fax numbers, and email address;
Foreign receiving facility name, address, telephone, fax numbers, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81;
Foreign importer name (if not the owner or operator of the foreign receiving facility), address, telephone, fax numbers, and email address;
Description(s) of each hazardous waste, quantity of each hazardous waste in the shipment, applicable RCRA hazardous waste code(s) for each hazardous waste, applicable OECD waste code for each hazardous waste from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
Date movement commenced;
Name (if not exporter), address, telephone, fax numbers, and email of company originating the shipment;
Company name, EPA ID number (if operating in the U.S.), address, telephone, fax, and email address of all transporters;
Identification of means of transport, including types of packaging; and
Any special precautions to be taken by transporter(s).
(ii) Respondent activities
In order to comply with the tracking requirements, the exporter must undertake the following tasks:
Complete the additional information for the movement document.
(6) Contracts
Under section 262.83(f), exporters must establish a contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity) to be executed by the exporter, foreign importer (if different from the foreign receiving facility), and the owner or operator of the foreign receiving facility, specifying the parties relevant to the shipments and the various legal responsibilities of each party involved to ensure compliance with the export requirements. Routine submittal of contracts to EPA is not required.
(i) Data items
Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of the following:
--The company from where each export shipment of hazardous waste is initiated;
--Each person who will have physical custody of the hazardous wastes;
--Each person who will have legal control of the hazardous wastes; and
--The foreign receiving facility.
Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous wastes if their disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts must specify that:
--The transporter or foreign receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the exporter, EPA, and either the competent authority of the country of transit or the competent authority of the country of import of the need to make alternate management arrangements; and
--The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of hazardous wastes and, as the case may be, shall provide the notification for re-export to the competent authority in the country of import and include the equivalent of the information required in section 262.83(b), the original consent number issued for the initial export of the hazardous wastes in the notification, and obtain consent from EPA and the competent authorities in the new country of import and any transit countries prior to re-export.
Contracts must specify that the foreign receiving facility send a copy of the signed movement document to confirm receipt within three working days of shipment delivery to the exporter and to the competent authorities of the countries of import and transit. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date.
Contracts must specify that the foreign receiving facility shall send a copy of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than thirty days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the exporter and to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign receiving facility send a copy to EPA at the same time using the allowable methods listed in paragraph (b)(1) of this section on or after that date.
Contracts must specify that the foreign importer or the foreign receiving facility that performed interim recycling operations R12, R13, or RC16, or interim disposal operations D13 through D15 or DC17, (recovery and disposal operations defined in 40 CFR 262.81) as appropriate, will:
--Provide the notification required in paragraph (f)(3)(ii) of this section prior to any re-export of the hazardous wastes to a final foreign recovery or disposal facility in a third country; and
--Promptly send copies of the confirmation of recovery or disposal that it receives from the final foreign recovery or disposal facility within one year of shipment delivery to the final foreign recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, DC15 or DC16 to the competent authority of the country of import. For contracts that will be in effect on or after the electronic import-export reporting compliance date, the contracts must additionally specify that the foreign facility send copies to EPA at the same time using the allowable method listed in paragraph (b)(1) of this section on or after that date.
Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of the country of import and any countries of transit, in accordance with applicable national or international law requirements.
Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.
(ii) Respondent Activities
Prepare and execute contract.
(7) Additional Reporting
Under section 262.83(b)(8), EPA may request that exporters submit additional information, as requested by the country of import.
(i) Data items
(ii) Respondent activities
In order to submit these reporting data items, exporters must:
Gather and provide any additional information requested by EPA on behalf of the country of import.
(8) Annual Report Requirements
Section 262.83(g) requires exporters of hazardous wastes to file an Annual Report with the Administrator summarizing hazardous waste export activities conducted during the previous calendar year.
(i) Data items
The following data items must be reported annually:
The EPA identification number, name, and mailing address and site address of the exporter;
The calendar year covered by the report;
The name and site address of each foreign receiving facility;
For each foreign receiving facility, the following data for each hazardous waste exported:
--A description of the hazardous waste,
--The applicable RCRA hazardous waste code(s),
--The applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11,
--The DOT ID number,
--The name and US EPA ID number (where applicable) for each transporter used,
--The consent number(s) under which the hazardous waste was shipped, and for each consent number, the total amount of the hazardous waste and the number of shipments exported during the calendar year covered by the report;
In even numbered years, a description of efforts undertaken to reduce the volume and toxicity of wastes generated, as well as a description of any variation in the volume and toxicity of wastes relative to previous years (not applicable to SQGs, or to LQGs that submitted this information in a Biennial Report); and
A signed certification.
(ii) Respondent activities
In order to comply with the Annual Report requirements, the exporter must undertake the following tasks:
Research the information needed for SQGs and LQGs; and
Review the draft Annual Report in WIETS, correct or amend as needed, then electronically sign and submit the final Annual Report to EPA.
(9) Automated Export System (AES) Filing Requirements
Exporters or a U.S. authorized agent must file between two (2) and five (5) additional RCRA related items as part of the export shipment filing required under U.S. Department of Commerce Census Bureau (Census Bureau) regulations at 15 CFR Part 30. The AES filing, which is required for all shipments that have a value in excess of $2,500 or that are required to be shipped under an export license issued by a federal agency, must be filed prior to arrival at the U.S. port of exit, similar to the current export requirements. The EPA AOC letter meets the Census Bureau’s regulatory definition of an export license.
(i) Data items
The following items must be filed along with the other information required under 15 CFR 30.6:
EPA license code;
RCRA manifest tracking number, if the shipment is required to be RCRA manifested;
For each hazardous waste in the shipment,
--EPA waste stream consent number, and
--EPA net quantity and reporting units (i.e., units of kilograms if solid or units of liters if liquid), if Census Bureau required reporting under 15 CFR 30.6(a)(15) are not in units of weight or volume.
(ii) Respondent activities
In order to comply with the AES filing requirements, the exporter must undertake the following tasks:
Prepare and file the additional RCRA related items as part of the AES filing required for each export shipment shipped under an EPA AOC letter.
(10) Recordkeeping Requirements
Section 262.83(i) requires all exporters to keep a copy of certain documents for a period of at least three years (or longer if requested by the Administrator or if related to an activity subject to an enforcement action):
(i) Data items
The following records must be kept:
A copy of each notification of intent to export and each EPA AOC for a period of at least three (3) years from the date the hazardous waste was accepted by the initial transporter;
A copy of each annual report for a period of at least three (3) years from the due date of the report;
A copy of any exception reports and a copy of each confirmation of receipt (i.e., movement document) sent by the foreign receiving facility to the exporter for at least three (3) years from the date the hazardous waste was accepted by the initial transporter; and
A copy of each confirmation of recovery or disposal sent by the foreign receiving facility to the exporter for at least three (3) years from the date that the foreign receiving facility completed interim or final processing of the hazardous waste shipment.
A copy of each contract or equivalent arrangement established per section 262.83(f) for at least three (3) years from the expiration date of the contract or equivalent arrangement.
(ii) Respondent activities
In order to comply with the recordkeeping requirements, the exporter must undertake the following task:
File and maintain the documents for a period of at least three years. Notifications, EPA AOC letters, and Annual Reports created and stored in WIETS may be used to meet the recordkeeping requirements per section 262.83(i)(2) provided copies of the documents are available for viewing and production if requested by any EPA or authorized state inspector.
(11) Notification of Intent to Import
Section 262.84(b) requires the importers of hazardous wastes to submit to EPA a signed notification of intent to import at least sixty (60) days before the first shipment is expected to depart the country of export in cases where the country of export does not control the shipment as a hazardous waste export, and thus does not require the foreign exporter to submit an notice proposing export and obtain consent from EPA and the competent authorities for the countries of transit.
(i) Data items
The data items required by this notification include:
The foreign exporter name, address, telephone number, fax number, and email address;
The name, EPA ID number, address, telephone number, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81 for the U.S. final receiving facility, and for the U.S. interim receiving facility if there is one;
The name (if not the owner or operator of the initial U.S. receiving facility), address, EPA ID number, telephone number, fax number, and email address of the U.S. importer; and
Intended transporter(s) and/or their agent(s); address, telephone, fax, and email address;
“U.S.” as the country of import name, “USA01” as the relevant competent authority code, and the intended U.S. port(s) of entry;
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and the ports of entry and exit for each country of transit;
The ISO standard 3166 country name 2-digit code, OECD/Basel competent authority code, and port of exit for the country of export;
Statement of whether the notification covers a single shipment or multiple shipments;
Start and End Dates requested for the export shipments reflecting up to the standard 12-month consent period;
Expected number or frequency of shipments;
Means of transport planned to be used, including the types of containers containing the hazardous wastes;
For each hazardous waste:
--A description of the hazardous waste, applicable RCRA waste code(s), the applicable OECD waste code from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number;
--The estimated total requested quantity to be shipped over the requested consent period; and
--The recovery or disposal operation(s) to be used as defined in §262.81.
Certification signed by the importer that states that the information is complete and correct, that legally enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantee (if required by the country of export) is or shall be in force covering the transboundary movement.
(ii) Respondent activities
In order to comply with the notification of intent to export requirements, the importer must undertake the following tasks:
Collect information; and
Prepare, then electronically sign and submit a notification in EPA’s Waste Import Export Tracking System (WIETS) at least 60 days before the initial shipment is intended to depart the country of export. While not yet required, currently all U.S. importers are submitting such notices electronically in WIETS. To the extent that the notification is requesting renewal of a previous consent, the importer can duplicate the previous notification in WIETS and make any needed changes prior to electronic signature and submittal. EPA estimates that 60 percent of importers will be able to take advantage of this duplication feature and incur no additional burden for providing supplemental information in WIETS. The remaining 40 percent of importers will have to enter this information for each new import notice.
(12) Re-notification of Intent to Import
Importers are also required to notify EPA should certain information on the notification be modified, such as an increase of the volume of hazardous wastes shipped or the desired use of an additional transporter, before the hazardous wastes are imported (§262.84(b)(3)).
(i) Data items
Duplicated and modified notification electronically signed and submitted to EPA reflecting the requested changes. EPA will inform the countries of transit of the changes if their consent is needed for the changes and, upon their consent, forward to the importer a new EPA Acknowledgment of Consent.
(ii) Respondent activities
In order to comply with the re-notification of the intent to export requirements, the importer must undertake the following tasks:
Collect change to import information; and
Prepare, then electronically sign and submit a re-notification noting requested changes.
(13) International Movement Document
Under section 262.84(d), importers of hazardous wastes must provide information and ensure use of a movement document through contracts. This is in addition to the RCRA manifest requirements (OMB Control No. 2050-0039).
(i) Data items
The corresponding consent number(s) and hazardous waste number(s) for the listed hazardous waste from the relevant EPA AOC(s);
The shipment number and the total number of shipments from the EPA AOC;
Foreign exporter name, address, telephone number, fax number, and email address;
U.S. initial receiving facility name, EPA ID number, address, telephone number, fax number, email address, technologies employed, and the applicable recovery or disposal operations as defined in §262.81;
U.S. importer name (if not the owner or operator of the U.S. initial receiving facility), EPA ID number, address, telephone number, fax number, and email address;
Description(s) of each hazardous waste, quantity of each hazardous waste in the shipment, applicable RCRA hazardous waste code(s) for each hazardous waste, applicable OECD waste code for each hazardous waste from the lists incorporated by reference in 40 CFR 260.11, and the United Nations/U.S. Department of Transportation (DOT) ID number for each hazardous waste;
Date movement commenced;
Name (if not foreign exporter), address, telephone, fax numbers, and email of foreign company originating the shipment;
Company name, EPA ID number (if operating in the U.S.), address, telephone, fax, and email address of all transporters;
Identification of means of transport, including types of packaging; and
Any special precautions to be taken by transporter(s).
(ii) Respondent activities
In order to comply with the tracking requirements, the importer must undertake the following tasks:
Complete the additional information for the movement document.
(14) Contracts
Under section 262.84(f), importers must establish a contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity) to be executed by the foreign exporter, importer (if different from the initial receiving facility), and the owner or operator of the interim and final receiving facilities, specifying the parties relevant to the shipments and the various legal responsibilities of each party involved to ensure compliance with the import requirements. Routine submittal of contracts to EPA is not required.
Data items
Contracts or equivalent arrangements must specify the name and EPA ID number, where available, of the following:
--The foreign company from where each import shipment of hazardous waste is initiated;
--Each person who will have physical custody of the hazardous wastes;
--Each person who will have legal control of the hazardous wastes; and
--The interim and final receiving facilities.
Contracts or equivalent arrangements must specify the use of a movement document in accordance with section 262.84(d);
Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the hazardous wastes if their disposition cannot be carried out as described in the notification submitted by either the foreign exporter or U.S. importer. In such cases, contracts must specify that:
--The transporter or receiving facility having actual possession or physical control over the hazardous wastes will immediately inform the foreign exporter, importer, and the competent authority where the shipment is located of the need to arrange alternate management or return of the shipment; and
--The person specified in the contract will assume responsibility for the adequate management of the hazardous wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of the hazardous wastes and, as the case may be, shall provide the notification for re-export required in section 262.83(b)(7).
Contracts must specify that the importer or the receiving facility that performed interim recycling operations R12, R13, or RC16, or interim disposal operations D13 through D15 or DC15 through DC17, as appropriate, will provide the notification required in section 262.83(b)(7) prior to the re-export of hazardous wastes. The recovery and disposal operations in this paragraph are defined in §262.81.
Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of the country of export and any countries of transit, in accordance with applicable national or international law requirements.
Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of this subpart.
(ii) Respondent Activities
Prepare and execute contract.
(15) Recordkeeping Requirements
Section 262.84(h) requires all importers to keep a copy of certain documents for a period of at least three years (or longer if requested by the Administrator or if related to an activity subject to an enforcement action):
(i) Data items
The following records must be kept:
A copy of each notification of intent to import and each EPA AOC for a period of at least three (3) years from the date the hazardous waste was accepted by the initial foreign transporter;
A copy of each contract or equivalent arrangement established per section 262.84(f) for at least three (3) years from the expiration date of the contract or equivalent arrangement.
(ii) Respondent activities
In order to comply with the recordkeeping requirements, the importer must undertake the following task:
File and maintain the documents for a period of at least three years. Notifications and EPA AOC letters created and stored in WIETS may be used to meet the recordkeeping requirements per section 262.84(h)(3) provided copies of the documents are available for viewing and production if requested by any EPA or authorized state inspector.
5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
The following subsections discuss how EPA will collect the information, what activities EPA will perform once the information has been received, and how EPA will manage the information it collects. The subsections also include a discussion of how the information collection requirements affect small entities.
5(a) AGENCY ACTIVITIES
HAZARDOUS WASTE DETERMINATION REQUIREMENTS
There are no Agency activities associated directly with generator waste determinations. EPA and implementing states may review results of such determinations during site inspections.
LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS
Although personnel training information is not formally submitted to EPA, EPA may review information collected from the requirements during facility inspections. Therefore, this analysis assumes that the Agency will spend a minimal amount of review time at certain facilities.
Agency activities associated with emergency reporting requirements include reviewing documents in the emergency coordinators' emergency reports and the facility's contingency plan.
Agency activities associated with the receipt of reports of releases are review of the information submitted, entry of this information into a database tracking all releases, and, if necessary, transmittal of the information to the respective emergency response authorities.
Agency activities associated with requirements for generators' tank systems include the following:
Review and evaluate information on equivalent containment devices;
Evaluate information submitted for exemption from the 24-hour leak detection requirement; and
Evaluate information submitted for variances from secondary containment requirements, including no-free liquids demonstrations.
In addition, the Agency must perform the following oversight activities for generators' tank systems:
Evaluate information submitted for exemption from 24-hour waste removal requirement;
Review existing tank integrity assessments;
Review new tank design and installation assessments;
Review release notification reports;
Review major repair certifications; and
Review requests for accumulation period extensions.
Agency activities associated with requirements for generators' drip pads include the following:
Review plans for upgrading drip pads;
Review and evaluate drawings and certifications of drip pads;
Evaluate notices of releases from drip pads; and
Review repairs conducted to drip pads.
Agency activities associated with requirements for generators' containment buildings include the following:
Review and evaluate notifications of releases of hazardous waste; and
Review notices of repairs to containment buildings.
Some of the records and certifications required under this section are not formally submitted to EPA, but must be kept on file at the facility and made available to EPA upon request. On others, the regulations are not explicit about whether a demonstration must be submitted to EPA; this ICR generally assumes that LQGs submit the demonstrations anyway.
Also, the Agency would also review requests for extensions of the accumulation period under section 262.17(b).
LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS
(1) Air Emissions from Process Vents
There are no Agency activities associated with the requirements for generators with process vents. Although EPA will examine monitoring documentation, control device documentation, waste determination documentation, and information required in the operating record during periodic inspections, these activities are part of EPA's overall compliance and enforcement program. Therefore, the cost associated with these activities is not attributable to subpart AA.
(2) Air Emissions from Equipment Leaks
Agency activities associated with the requirements for generators with equipment subject to subpart BB include:
Reviewing notifications to implement the alternate valve standard specified in section 265.1061(a));
Reviewing notifications to discontinue implementing the alternate valve specified in section 265.1061(a)); and
Reviewing notifications to implement the alternate valve standard specified in sections 265.1062(b)(2) or (b)(3)).
SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS
The Agency activities associated with SQG pre-transport requirements include reviewing requests for extensions of the accumulation period under section 262.16(d). No other information is required to be submitted to EPA (SQG notification requirements include contacting the National Response Center, operated by the Coast Guard).
RECORDKEEPING AND REPORTING
Agency activities associated with the recordkeeping and reporting requirements include the on-site review of documents maintained at a facility, and the review of submitted information and the entry of this information into a database.
EXPORT AND IMPORT REQUIREMENTS
Agency activities associated with exports and imports are listed below. During compliance inspections, the Agency will also review records kept on site.
Exports from the U.S.:
Review of the notification for completeness and submittal of the notification to the country of import and any country of transit, in conjunction with the Department of State if the proposed shipment is not covered under the terms of an international agreement in which both the U.S. and the country of import participate;
Receive and record the Acknowledgment of Receipt from the importing country;
Receive and review the consent (or refusal) of the country of import and any transit countries to the receipt and transit of the hazardous waste;
Generate and transmit an EPA AOC letter (or an EPA letter of objection) based on the country responses to the exporter;
Receive and record the movement document received from the foreign recovery facility;
Receive and record any exception report received from the exporter; and
Receive and review for completeness the Annual Report received from the exporter.
Imports to the U.S.:
Transmit an Acknowledgment of Receipt to the country of export.
Receive and review the notification received from either the country of export or the U.S. importer for completeness and compliance with U.S. laws and regulations. Manually enter notification received from the country of export into WIETS.
Based on review of the notification, generate and transmit an EPA AOC/consent letter (or letter of objection) to either the country of export or the U.S. importer.
Receive and record the movement document received from the U.S. receiving facility.
Receive and record the confirmation of recovery or disposal received from the U.S. interim and final receiving facilities.
WIETS Development
To implement electronic submittals for exports and imports, the most significant cost for EPA is the development and maintenance of the electronic submittal system. Any costs of the CDX system are not described in this ICR because it was developed to facilitate electronic submittal of data between EPA data systems and other entities such as the regulated community and other governments, and is covered under another ICR. EPA estimated in 2016 that the initial development of enhancements to WIETS to facilitate electronic submittal of export and import reports (specifically related to the rule) would cost $380,000, including staff technician labor costs.4 This ICR assumes that continued development costs will be incurred related to the following: annual reports, export exception reports, export and import confirmation receipts, export and import confirmations of recovery/disposal, and import notifications regarding need to make alternate arrangements or need to return waste shipment. Costs related to developing reporting capabilities and enhancing reporting and analysis capabilities will also be incurred. It is anticipated the system will have a useful lifespan of 20 years. EPA estimated in 2016 that the recurring O&M costs for the enhancements to WIETS will be $260,500 per year after its development. Thus, the annualized cost for the enhancement of WIETS is $299,492 using a 7 percent discount rate. These costs may vary depending on how quickly WIETS is developed.
EPA ID
For recognized traders not located in authorized states that issue EPA ID numbers, EPA will need to review letters from recognized traders of hazardous waste requesting EPA identification numbers, enter this information into a database, generate an EPA ID number, and send it to each requesting recognized trader.
5(b) COLLECTION METHODOLOGY AND MANAGEMENT
The collection and management of the information submitted in paper format to EPA is stored by EPA in file cabinets, while the information submitted electronically is stored and compiled in WIETS. In addition, the information is collected and stored for possible future use in enforcement actions. EPA uses electronic equipment such as personal computers and applicable database software, when appropriate.
5(c) SMALL ENTITY FLEXIBILITY
When promulgating the regulations covered under this ICR, EPA considered the effect of these regulations on small businesses. EPA found, however, that most small businesses do not generate a sufficient quantity of hazardous waste to be subject to any recordkeeping requirements and, therefore, are not significantly affected by the generator standards. EPA has been directed by Congress to promulgate standards to protect public health and the environment. In certain cases, such as the Annual Report requirements for primary exporters of hazardous waste, EPA has limited the informational requirements for small generators. These facilities do not have to include a description of efforts taken to reduce waste volume or toxicity, or descriptions of any variation in the volume and toxicity of wastes relative to previous years. Certain categories of small entities are exempt from the information collection requirements described herein. Others are subject to reduced requirements. The training requirements do not apply to small quantity generators. Nor are they subject to the contingency plan and emergency procedure requirements. Finally, such generators are subject to reduced tank standards under section 265.201.
5(d) COLLECTION SCHEDULE
HAZARDOUS WASTE DETERMINATION REQUIREMENTS
There is no collection schedule for generators’ hazardous waste determinations under this data collection effort. Instead, the hazardous waste determination information collection schedule is addressed under Land Disposal Restrictions ICR (OMB Control No. 2050-0085).
PRE-TRANSPORT REQUIREMENTS (FOR BOTH LQGs AND SQGs)
The reporting requirements outlined in the regulations will vary according to individual facility circumstances. Because container labeling and keeping records of personnel training are conducted onsite, a discussion of a collection schedule is not relevant.
There is no collection schedule for generators reporting releases of hazardous waste into the environment, as facilities only report on these occasions. The emergency coordinator must immediately notify the appropriate authorities of an imminent or actual emergency situation. An LQG must submit a written report of any incident that requires the implementation of the contingency plan within 15 days of its occurrence. Since generators are not required to submit their contingency plans to EPA, discussion of a collection schedule for these facilities is not applicable.
Records of tank system assessments, statements on design and installation, and records of annual leak tests and inspections are kept by the LQGs. Therefore, a discussion of a collection schedule is not applicable. The time frame for submitting demonstrations provided under this section is dependent upon the desire of LQGs to submit such demonstrations. However, the regulations do specify time frames for submissions related to certain situations. LQGs must submit release notification reports within 30 days of detecting a release. In addition, the certification of major repairs (required under §265.196(f)) must be submitted within seven days of returning the repaired tank system to use. With regard to drip pads, plans for upgrading drip pads must be prepared 2 years before completion of such repairs, pad assessments must be recertified annually, records of releases must be documented upon detection and notice provided to EPA within 24 hours (written notice in within 10 days), and notice of repairs provided upon completion of such repairs. As for containment buildings, certification that the building meets design requirements is required within 60 days of initiating operation, records of releases must be filed upon detection and notice to EPA provided within 7 days (written notice within 14 days). In addition, monitoring data must be placed in the record every 7 days.
There is no collection schedule for generators requesting extensions from the Regional Administrator of the accumulation period, as these requests presume unforeseen circumstances.
LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS
The regulations at 40 CFR part 265, subparts AA and BB for generators do not specify time frames for submittals, and a discussion of a schedule regarding these requirements is not applicable.
RECORDKEEPING AND REPORTING
The recordkeeping regulations in section 262.40 and 262.43 do not require the transmittal of any information, a discussion of a schedule regarding this requirement is not applicable. Additionally, as section 262.43 allows the Administrator to require additional information of generators on an irregular basis, a discussion of a collection schedule is not applicable.
EXPORT AND IMPORT REQUIREMENTS
Under export and import requirements, export/import notifications, export exception reports, confirmations of recovery/disposal, and shipment movement documents are generated and sent to EPA on an occurrence-specific basis for which there is no formalized schedule. The submission of information under this collection is initiated by the respondents. U.S. exporters must file with EPA a detailed annual report on hazardous waste exports, including a signed certification, by March 1st of each year. The recordkeeping regulations in sections 262.83(i) and 262.84(h) do not require the transmittal of any information; a discussion of a schedule regarding this requirement is not applicable.
6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION
6(a) ESTIMATING ANNUAL RESPONDENT BURDEN
This ICR is a comprehensive presentation of all of the information collection activities required for generator standards and covers Fiscal Years 2018–2020. To address uncertainties regarding the number of facilities in the potentially affected universe, the amount of hazardous waste that they generate, and several cost-related inputs for this analysis, this ICR estimates costs as a range and presents the upper end of this range based on the high-end estimates for these factors as a means of ensuring that all burden is captured.
Table 2 summarizes the universe of generators. Exhibits 2 through 8 estimate the costs to generators based on the cost of labor, operation and maintenance (OM), and capital. EPA estimated respondent burden hours and costs associated with all of the requirements covered in this ICR in the following exhibits: Exhibit 2 addresses both LQG and SQG respondent burden for reading the regulations; Exhibit 3 addresses LQG pre-transport requirements; Exhibit 4 addresses LQG air emission standards; Exhibit 5 addresses SQG pre-transport requirements; Exhibit 6 addresses VSQG pre-transport requirements, Exhibit 7 addresses LQG and SQG reporting requirements, Exhibit 8 address specific export and import requirements for all generators; Exhibit 9 summarizes total annual aggregate respondent burden and costs for all activities, and exhibit 10 addresses the total annual estimated agency burden and costs.
6(b) ESTIMATING ANNUAL RESPONDENT COSTS
Labor Costs
The labor wage rates used to estimate costs to respondents were calculated as shown in Table 2. The 2017 average wage rates from are the average wage rates are reported in the Bureau of Labor Statistics, 2017 National Occupational Employment and Wage Estimate, released March 30, 2018. The fringe benefit cost factor is calculated from the Bureau of Labor Statistics, Employer Costs for Worker Compensation, released June 9, 2017. The overhead loading factor is calculated from Remedial Action Cost Engineering and Requirements (RACER) cost estimating software 2005 defaults.
Using the total burden hours discussed in Section 6(a) and the hourly wage rates outlined in this section, Table 2 estimates the labor costs associated with the information collection requirements covered in this ICR.
Table 2
(Based on 2017 Federal, State, and Local Government Loaded Hourly Wage Rates) |
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A |
B |
C |
D |
E |
F [C x D x E] |
Labor Category |
US Bureau of Labor Statistics Standard Occupational Code |
Non-loaded 2017 average (mean) wage rate ($ per hour) |
Fringe benefits loading multiplier |
Overhead loading multiplier |
Loaded 2017 average wage rate ($ per hour) |
1. Legal |
23-1011 lawyers |
$68.22 |
1.43 |
1.336 |
$ 130.33 |
2. Managerial |
11-1021 general & operations managers |
$59.35 |
1.43 |
1.336 |
$113.39 |
3. Technical |
17-2081 environmental engineers |
$43.83 |
1.43 |
1.336 |
$83.74 |
4. Clerical |
43-9061 office clerks, general |
$16.30 |
1.43 |
1.336 |
$31.14 |
Exhibits 2 through 8 estimate the costs to generators based on the cost of labor, operation and maintenance (OM), and capital. For purposes of this analysis, EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $130.33 for legal staff, $113.39 for managerial staff, $83.74 for technical staff, and $31.14 for clerical staff. These wage rates were used in the 2017 ICR for the Hazardous Waste Generator Improvements rule. (OMB Control No. 2050-0213). In turn, these rates are based on actual Bureau of Labor Statistics (BLS) mean rates, plus overhead and fringe benefits.
In the following paragraphs, EPA estimates capital costs associated with the information requirements covered by this ICR. Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. For this ICR, the only required capital is file cabinets for maintaining reports. As shown in Exhibit 9, EPA estimates the total average annual capital cost to all generators, collectively, to be approximately $26,703.
Estimate the total annual volume of reports required to be retained by all generators. In total, EPA estimates that LQGs must maintain approximately 91 pages of reports annually, while SQGs maintain approximately 2 pages.
Ascertain the number of standard-size file cabinets that would provide the needed capacity and estimate the aggregate purchasing price. Given that a standard-size, five-drawer, lateral file cabinet holds approximately 16,000 pages, EPA estimates that the hazardous waste industry would need to purchase approximately 91 file cabinets each year (i.e., 1,342,264 /16,000). These 84 file cabinets represent the total capacity needed by the industry, collectively, to store all of its reports. EPA estimates that the purchasing price for one file cabinet is $937, and for all 84 file cabinets, $78,732.
Annualize the aggregate cost of standard-size file cabinets. EPA annualized the aggregate cost of $78,732 over three years at a seven percent annual discount rate.
In total, EPA estimates an annual capital cost of $26,703 for 84 file cabinets needed by small and large quantity generators.5
For this ICR, because the estimated cost of one file cabinet was confirmed to be the same as in previous years, the total costs were estimated by using a percentage of the previous total based on the decrease in the universe of respondents.
6(c) ESTIMATING ANNUAL AGENCY BURDEN AND COST
The final rule will be administered by RCRA-authorized state government regulatory programs and EPA. The labor wage rates used to estimate costs to agencies were calculated as shown in Table 3. Unloaded mean hourly labor wage rates for states’ activities were taken from the Bureau of Labor Statistics’ (BLS) Occupational Employment Statistics from “May 2017 National Occupational Employment and Wage Estimates” for Federal, State, and Local Government (NAICS 999001) released March 30, 2018. The fringe benefit cost factor is calculated from the Bureau of Labor Statistics, Employer Costs for Worker Compensation, released June 9, 2017. The overhead loading factor is calculated from Remedial Action Cost Engineering and Requirements (RACER) cost estimating.
Table 3
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6(d) ESTIMATING THE RESPONDENT UNIVERSE
UNIVERSE OF GENERATORS
The universe of generators was calculated using the data from the 2015 Regulatory Impact Analysis (RIA) that accompanied the proposed 2015 Management Standards for Hazardous Waste Pharmaceuticals rule (Pharmaceuticals rule).6 Unless otherwise noted, EPA assumes that the ratio of respondents subject to a specific provision to the total universe for a given generator category remain the same from the previous ICR. To update the number of respondents, EPA multiplied the current universe for a generator category by the existing ratio (in percent) of respondents to universe. For example, the previous ICR estimates that there are 14,592 LQGs and 2,990 respondents will have to comply with the training requirements every year or 22 percent of the total number of LQGs. To calculate the current number of respondents, EPA multiplied the current total number of LQGs (21,349) by 22 percent for a total of 4,649. For items that were included in the exhibits to the 2016 Hazardous Waste Generator Improvements rule (Generator rule) and included in this ICR, EPA used the same method to update the universe estimates discussed above. For more information on the 2016 Generator rule, please see EPA ICR OMB Control No. 2050-0213.
EPA’s BR database includes the number of facilities operating in the United States that exceeded the LQG threshold for any month of the year in 2015. Based on the 2015 BR data submissions by states, there are 21,349 LQG facilities in the United States.7
When facilities determine for the first time that they have generated more than 100 and less than 1,000 kilograms of hazardous waste in a single calendar month, they are required to notify State agencies and EPA of their SQG regulatory status to obtain a RCRA ID to manage that hazardous waste. This information is kept in the RCRAInfo database. However, SQGs have historically not been required to re-notify EPA to indicate that they are still in operation. Therefore, RCRAInfo contains information on SQGs that may no longer exist. As of May 30, 2017, the Final Hazardous Waste Generator Improvements Rule requires SQGs to re-notify every four years, but this provision of the final rule is not effective until 2021 so re-notification data were not available at the time of the rule's RIA development. Consequently, there is currently insufficient data to determine definitively whether an SQG is still in operation. SQGs are also not subject to Federal requirements for reporting hazardous waste generation to EPA on a regular basis (i.e., submitting BR records).
Despite the lack of data historically reported by SQGs, some information is available in the BR database, as TSDFs are required to submit a waste received (WR) form indicating any facilities (including SQGs) that shipped them hazardous waste with a hazardous waste manifest. The WR form includes the RCRA ID of any facility that shipped hazardous waste to the TSDF along with information about the type and quantity of hazardous waste. Based on data in the WR form, the Agency took two approaches to estimate the universe of SQGs in the U.S. The first approach yields a low-end estimate of the number of SQGs, while the second provides a high-end estimate. Both approaches are described below.
1) Low-end estimate of SQGs: To derive a low-end estimate of the number of SQGs, EPA used the WR form in the BR database to identify all facilities that shipped hazardous waste off-site to a TSDF and compared this list against the Site ID form in EPA’s Resource Conservation and Recovery Act Information (RCRAInfo) database to identify active SQGs in 2015. EPA then also included any new SQGs that notified after July 1 and, therefore, did not have to ship their hazardous waste off-site to a TSDF in 2015. Where generator data on the number of SQGs were provided by individual states, EPA relied on this information rather than estimates derived from the BR and RCRAInfo databases. EPA received generator data on the number of SQGs from nine states. Using this approach, EPA developed a low-end estimate of approximately 47,300 SQGs.
2) High-end estimate of SQGs: Due to uncertainty associated with whether information in the data sources described above fully represents the universe of active SQGs, EPA used an alternative approach to derive a high-end estimate for the number of SQGs. This approach is similar to the methodology employed in deriving the low-end estimate, but instead uses WR forms from any of the years 2011, 2013, or 2015 to identify any SQGs that shipped waste off-site in any of those three BR cycles. This yields an estimate of the number of facilities that were SQGs sometime between 2011 and 2015. EPA used this approach for states from which no SQG data were obtained, but otherwise continued to rely on the state estimates of the number of SQGs that were provided. Using this alternative approach, EPA developed a high-end estimate of approximately 59,800 SQGs. Previous ICRs had not incorporated the universe of VSQGs subject to hazardous waste generator regulations because of the absence of reportable burden. The 2016 Hazardous Waste Generator Improvements rule (Generator rule), however, implemented two optional flexibilities that apply to VSQGs that require reporting: intra-organizational transfers (consolidation), and episodic generation. Therefore, the number of VSQGs impacted by these provisions are incorporated into Table 3 below. The Agency estimates that of the total universe of a possible 563,200 total VSQGs, 31,738 will voluntarily consolidate their waste through intra-organizational transfers, and 1,707 VSQGs will voluntarily take advantage of the episodic generation flexibility each year, for a total of 33,445 that now have reporting requirements if they take advantage of the flexibilities provided by the Generator rule. Since a VSQG can only employ one of these two options, the numbers were added together to determine the total number of VSQGs subject to the new reporting requirements for VSQGs that take advantage of flexibilities codified in the Generator rule.
Table 4
GENERATOR TYPE |
LOW END ESTIMATE |
HIGH END ESTIMATE |
Large Quantity Generators |
21,349 |
21,349 |
Small Quantity Generator |
47,313 |
59,797 |
Very Small Quantity Generator |
338,000 |
563,199 |
Total |
406,630 |
644,345 |
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LARGE QUANTITY GENERATOR AND SMALL QUANTITY GENERATOR REQUIREMENTS (Exhibit 2)
(1) Reading the Regulations
As shown in Table 4, approximately 644,345 generators comprise the respondent universe. As shown in Exhibit 2, EPA expects that each LQG will average one hour to read the generator standards once a year, while each SQG will average 42 minutes per year.
HAZARDOUS WASTE DETERMINATION REQUIREMENTS
Under 40 CFR 262.11, all generators must determine whether their solid waste qualifies as hazardous under RCRA. Generators may test the waste or use knowledge of the waste to make this determination.
EPA notes that generators must also determine, under the Land Disposal Restrictions (LDR) Program, whether their hazardous waste is restricted from land disposal, as required by 40 CFR 268.7(a)(1) and 268.9(a). EPA has burdened generators for their LDR determinations in the Land Disposal Restrictions ICR (OMB Control No. 2050-0085).
EPA has confirmed through consultations that generators normally make their hazardous waste and LDR determinations simultaneously and therefore do not incur a separate burden for each determination. For example, a generator would normally make a single request to a laboratory to determine if its waste is both hazardous and restricted from land disposal. Given this reasoning, EPA does not burden generators in this ICR for making hazardous waste determinations, since this burden is already reflected in OMB Control No. 2050-0085.
LARGE QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 3)
(1) Labeling
In section 262.17(a)(4) and (5), EPA requires all LQGs to label tanks, containers, and containment buildings with the words “Hazardous Waste,” an indication of the hazard of the contents, and the date accumulation began. EPA expects that all LQGs will comply with this requirement. In section 262.15(a)(5), EPA requires LQGs accumulating hazardous waste at satellite accumulation areas to label containers as specified above. EPA expects that all LQGs will comply with these requirements each year.
(2) Personnel Training
In section 262.17(a)(7), EPA requires all LQGs to comply with the personnel training requirements in a manner that ensures facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems. Section 262.17(a)(7) require that LQGs maintain copies of personnel training documents and records at their facilities. Based on an examination of historical BRS data and trends, EPA estimates that about 22 percent, or 4,696 LQGs each year are new entrants into the hazardous waste universe and will be required to collect information regarding their employees' training experiences.
(3) Contingency Planning and Emergency Procedures
This ICR assumes that existing LQGs have already prepared contingency plans. Therefore, only new LQGs will be required to document whether State or local authorities decline to enter into an agreement to become familiar with the LQG's facility and its wastes, and to prepare and maintain a contingency plan and quick reference guide. EPA estimates LQGs will need to make copies of and send the plans to three local authorities, on average. Amendments to contingency plans of LQGs must also be made when appropriate. EPA estimates that about 2 percent of the new LQG entrants, or 427 new LQGs will prepare original contingency plans annually, and that 10 percent of the LQG universe, or 2,134 LQGs will amend their contingency plan annually, during the period covered by this ICR.
As a result of the 2016 Hazardous Waste Generator Improvements rule, EPA estimated that an existing 10 percent of LQGs that do not have arrangements with local emergency responders will have to document their previous attempt to make arrangements. In addition, all existing LQGs will have to document their active arrangements with emergency responders. These one-time burdens were accounted for in the rule ICR and, therefore, are not included in this ICR. An estimated 5,940 LQGs are, however, required to maintain records of their arrangements or efforts to make arrangements with emergency responders. Furthermore, EPA estimates that 5,940 LQGs each year will be required to either submit a new quick reference guide if they are a new LQG, or update an existing quick reference guide to their contingency plan with emergency management authorities.
Based on Emergency Response and Notification System (ERNS) data, the Agency estimates that about 1.7 percent of all LQGs will have emergency incidents requiring implementation of the contingency plan. Therefore, approximately 363 LQGs will be required to prepare emergency reports each year.
(4) Tank Systems
In section 262.17(a)(2), EPA requires all LQGs that accumulate hazardous waste in tanks for 90 days or less to comply with subpart J of part 265. Of all 21,349 LQGs, EPA estimates that 75 percent use containers to accumulate hazardous waste, and the remaining 25 percent use tank systems. The respondent universe for LQGs operating tank systems is 5,337 LQGs.
Depending on how the tank owner desires to comply with the regulations, he or she may need to submit one or more of the following: a no-free-liquids demonstration (§265.190(a)), existing tank system assessments (§265.191), an equivalent containment exemption (§265.193(d)), a variance from secondary containment requirements (§265.193(g)), or annual leak tests and inspections (§265.193(i)). Most LQGs seeking to operate under these conditions have already made the required demonstrations. In general, only LQGs recently subjected to hazardous waste regulations will need to perform these demonstrations. EPA estimates that approximately three percent or 160 respondents are subject to the leak tests and that one percent or 213 LQGs are subject to the other demonstration and testing requirements in sections 265.190 through 265.193.
In addition, in certain circumstances (e.g., a new tank, a hazardous waste release, or a repair to a tank), LQGs must submit one or more of the following: new tank system assessments and certifications (§265.192); an exemption from the 24-hour leak detection requirement (§265.193(e)(3)(iii)); or release notifications and reports, and major repair certifications (§265.196(d) and (f)). As these are ongoing informational requirements, EPA estimates that:
Three percent or 160 LQGs will need to make new tank system assessments and certifications. Of that number, approximately five (5) facilities will petition for an exemption from the 24-hour leak detection requirement; and
One percent or 54 LQGs will report a release or a major repair certification. In addition, approximately six (6) facilities will need to compile evidence of their inability to comply with the 24-hour waste removal requirement.
(5) Drip Pads
Under section 262.17(a)(3), EPA authorizes LQGs to store hazardous waste on drip pads for 90 days or less pursuant to part 265, subpart W. Part 265, subpart W is primarily applicable to those facilities conducting wood preserving operations. EPA expects that most existing wood preserving sites have already conducted the one-time activities (e.g., contingency planning, integrity assessments) required in part 265. New entrants to the wood preserving industry, however, would be subject to these requirements. Based on an analysis of 2011 BRS data, EPA expects that, each year, 13 new sites will be subject to these one-time requirements. EPA further expects that one percent of LQGs will prepare a contingency plan for incidental drippage and will have a condition contributing to an actual release of hazardous waste and be subject to the recordkeeping, notification, repair and certification requirements.
(6) Containment Buildings
Under section 262.17(a)(4), EPA authorizes LQGs to store hazardous waste in containment buildings for 90 days or less pursuant to part 265, subpart DD. Part 265, subpart DD is potentially applicable to all large quantity hazardous waste generators. EPA estimates that approximately 0.1 percent of the LQGs (22) use containment buildings. EPA estimates that 29 percent of these affected facilities (6) will be subject to the recordkeeping and notice requirements associated with hazardous waste releases, and that all of these 14 facilities will require documentation to support compliance with subpart DD requirements.
(7) Requests for Extensions of the Accumulation Period
EPA promulgated regulations in section 262.17(b) allowing LQGs to request extensions (up to 30 days) of the accumulation period limit from the Regional Administrator. EPA estimates that only one percent of all LQGs, approximately 214 LQGs, will request this extension each year.
(8) Intra-Organizational Transfers
The Generator rule ICR estimates that 31,738 VSQGs will voluntarily consolidate their waste through intra-organizational transfers and 3,537 LQGs will receive this waste (i.e., approximately 9.0 VSQGs per LQG).8 For LQGs, the annual recordkeeping burden is 0.9 hours and a total cost of approximately $75 per facility.
LARGE QUANTITY GENERATOR AIR EMISSION STANDARDS (Exhibit 4)
(1) Air Emissions from Process Vents
EPA estimates that 1.5 percent of all LQGs, or 320 generators will be subject to 40 CFR part 265, subpart AA, in light of the applicability requirements of section 265.1030(b)(1-3). Of this estimate, approximately 50 percent, or 160 LQGs, will be subject to reassessing their implementation schedule, documentation with compliance, and performance plan, among other operating record requirements.
(2) Air Emissions from Equipment Leaks
Based on an analysis of the 2009 BRS, as well as discussions with a sample of large quantity generator facilities, EPA estimates that up to 5,977 (or 28 percent) LQGs are subject to 40 CFR part 265, subpart BB requirements – depending on the specific paperwork burden category.
(a) Notification to implement the alternate valve standard specified in Section 265.1061(a)
Based on previous experience, EPA estimates that 20 percent of generators subject to subpart BB will decide to implement the alternative standard specified in section 265.1061(a) each year. Therefore, 1,195 facilities will be required to prepare notification to implement the alternate valve standard specified in section 265.1061(a).
(b) Notification to discontinue implementing the alternative valve standard specified in Section 265.1061(a)
Based on previous experience, EPA estimates that 1,195 generators subject to subpart BB (i.e., 28 percent of the total affected universe) have implemented the alternative standard for valves specified in section 265.1061(a), and one percent of these generators will discontinue using the alternative standard each year. Therefore, 13 generators will be required to prepare notification to discontinue implementing the alternate valve standard specified in section 265.1061(a).
(c) Notification to implement the alternative valve standard specified in Section 265.1062(b)(2), or (b)(3).
Based on previous experience, EPA estimates that 1.4 percent of generators subject to subpart BB will decide to implement the alternative standard specified in section 265.1062(b)(2) or (b)(3) each year. Therefore, 84 generators will be required to prepare notification to implement the alternate valve standard specified in section 265.1062(b)(2) or (b)(3). The number of generators subject to this provision was miscalculated in the previous ICR. It was calculated as 1.4 percent of the total LQG universe instead of the subset of facilities that are subject to section 265 subpart BB regulations. That error has been corrected and the number above (84) is calculated as 1.4 percent of the estimated 5,977 facilities subject to section 265 subpart BB regulations, resulting in a decrease in burden.
(d) Non-Hazardous Waste Documentation
Based on previous experience, EPA estimates that 1.4 percent of generators with equipment subject to subpart BB will use knowledge to determine that each piece of equipment does or does not contain hazardous waste with organic concentration that equals or exceeds 10 percent waste. Therefore, approximately 84 facilities will be required to prepare non-hazardous waste documentation.
(e) Unit Operating Record
All generators subject to subpart BB are required to maintain a unit operating record. The contents of the operating record will vary according to site-specific circumstances. A discussion of the respondent burden for each data item is presented below:
(i) Equipment Record
This ICR assumes that generators with equipment subject to subpart BB have already prepared an equipment record. EPA estimates that all generators (5,977) units will reassess, file, and maintain their equipment record, and 10 percent of this universe (approximately 597 units) will modify it annually.
(ii) Implementation Schedule
This ICR assumes that generators with equipment subject to subpart BB have already prepared an implementation schedule. EPA estimates that all generators (5,977) will reassess, file, and maintain their implementation schedule, and 10 percent of this universe, approximately 597 units will modify it annually.
(iii) Performance Test Plan
This ICR assumes that generators using test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device have already prepared a performance test plan. EPA estimates that all generators using test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device (approximately 5,977 facilities) will reassess, file, and maintain their performance test plan, and 10 percent (approximately 597 units) will modify it annually.
(iv) Documentation of Compliance with Section 264.1060
This ICR assumes that generators subject to subpart BB have already prepared a documentation of compliance. EPA estimates that all generators (5,977 units) will reassess, file, and maintain their section 265.1060 compliance documentation, and 10 percent (approximately 597 units) will modify it annually.
(v) Leak Inspection Log
EPA estimates that all generators subject to subpart BB (5,977 units) may have equipment leaks during the period covered by this ICR. Therefore, 5,977 will be required to prepare and maintain a leak inspection log. All generators will be required to reassess and modify their inspection log.
(vi) Design, Monitoring, Operation, and Inspection Information
This ICR assumes that generators with equipment subject to subpart BB have already prepared design, monitoring, and inspection information for each closed-vent system and control device. EPA estimates that all generators with closed-vent systems and control devices (approximately 5,977 units) will reassess, file, and maintain control device operation documentation, and 10 percent (approximately 597 units) will modify it annually.
(vii) Equipment Log
This ICR assumes that generators with equipment subject to subpart BB have already prepared an equipment log. EPA estimates that all generators (5,977 units) will reassess, file, and maintain their equipment log, and 10 percent (approximately 597 units) will modify it annually.
(viii) Valve Log for Valves Subject to Section 265.1057(g) and (h)
This ICR assumes that generators with valves subject to section 265.1057(g) and (h) have already prepared a valve log. EPA estimates that all generators with valves subject to section 265.1057(g) and (h) (approximately 7 percent or 418 units) will reassess, file, and maintain their valve log, and one percent (approximately 4 units) will modify it annually.
(ix) Valve Log for Valves Subject to Section 265.1062
This ICR assumes that generators with valves subject to section 265.1062 have already prepared a valve log. EPA estimates that all generators with valves subject to section 265.1062 (approximately 1.4 percent or 84 units) will reassess, file, and maintain their valve log, and 10 percent (approximately 8 units) will modify it annually.
(x) Criteria Log
This ICR assumes that generators subject to subpart BB have already prepared a criteria log documenting information required in sections 265.1052(d)(5)(ii) and 265.1053(e)(2) for pumps in light liquid service and compressors. EPA estimates that all generators with equipment subject to sections 265.1052(d)(5)(ii) and 265.1053(e)(2) (5,977 units) will reassess, file, and maintain their criteria log, and 10 percent (approximately 597 units) will modify it annually.
(xi) Exemption Log
This ICR assumes that generators potentially subject to subpart BB have already documented information determining applicability of subpart BB to their unit's equipment. EPA estimates that all generators (5,977 units) will reassess, file, and maintain this documentation, and 10 percent (approximately 597 units) will modify it annually.
SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 5)
(1) Labeling
This ICR assumes that all SQGs will need to label their containers and tanks in compliance with the section 262.15(a)(5) and 262.16(b)(6). SQGs will likely use a manual process to label containers with the additional information. For SQGs, the annual burden is 1.8 hours and a total cost of $77 per facility. EPA estimates that all SQGs or 59,800 respondents will
(2) Emergency Procedures
EPA promulgated regulations in section 262.16(b)(9) requiring SQGs to immediately notify the local fire department and/or National Response Center, as specified, for emergencies. Based on recent ERNS data, EPA estimates that 1.7 percent of all SQGs (896) will report such an event each year.
(3) Drip Pads
Under section 262.16(b)(4), EPA authorizes SQGs to store hazardous waste on drip pads for 90 days or less pursuant to part 265, subpart W. Part 265, subpart W is primarily applicable to those facilities conducting wood preserving operations. EPA expects that most existing wood preserving sites have already conducted the one-time activities (e.g., contingency planning, integrity assessments) required in part 265. New entrants to the wood preserving industry, however, would be subject to these requirements. EPA determined the ratio of LQG drip pad operators who will be subject to part 265 subpart W regulations to the total number of LQGs, and applied that ratio to the total number of SQGs to determine the number of SQG drip pad operators that will be subject to the requirements of part 265 subpart W. Based on data reported in the Generator rule RIA, EPA estimates that 295 SQGs currently accumulate waste on drip pads.9 EPA expects that, each year, 36 new sites will be subject to these one-time requirements. EPA further expects that one percent of SQGs will prepare a contingency plan for incidental drippage and will have a condition contributing to an actual release of hazardous waste and be subject to the recordkeeping, notification, repair and certification requirements.
(4) Containment Buildings
Under section 262.16(b)(5), EPA authorizes SQGs to store hazardous waste in containment buildings for 90 days or less pursuant to part 265, subpart DD. Part 265, subpart DD is potentially applicable to all large quantity hazardous waste generators. EPA applied the same methodology described in item three above to determine the number of SQGs that accumulate hazardous waste in containment buildings. EPA estimates that approximately 0.1 percent of the SQGs (62) use containment buildings. EPA estimates that 29 percent of these affected facilities (17) will be subject to the recordkeeping and notice requirements associated with hazardous waste releases, and that all of these 17 facilities will require documentation to support compliance with subpart DD requirements.
(5) Requests for Extensions of the Accumulation Period
EPA promulgated regulations in section 262.16(d) allowing SQGs to request from the Regional Administrator extensions (up to 30 days) of the accumulation period limit. EPA estimates that one tenth of one percent of all respondents, approximately 53 SQGs, will request an extension each year.
(6) Intra-organizational Transfers (Exhibits 3 and 6)
This ICR estimates that 31,738 VSQGs will voluntarily consolidate their waste through intra-organizational transfers and 3,537 LQGs will receive this waste (i.e., approximately 9.0 VSQGs per LQG).10 For VSQGs, the annual burden for labeling containers is 0.5 hours. For LQGs, the one-time burden to notify EPA is 9.0. The annual recordkeeping burden is 0.9 hours. The BR expected annual reporting burden is 10.2 hours.
(7) Episodic Generation
This ICR estimates that approximately 837 SQGs will voluntarily take advantage of the episodic generation flexibility provided by the final rule each year. The estimated burden for SQGs is 8.9 hours per facility. This ICR also estimates that 837 SQGs will avoid becoming an LQG due to an episodic event.
VERY SMALL QUANTITY GENERATOR PRE-TRANSPORT REQUIREMENTS (Exhibit 6)
(1) Episodic Generation
This ICR estimates that approximately 1,707 VSQGs will voluntarily take advantage of the episodic generation flexibility provided by the final rule each year. The estimated burden for VSQGs is 9.2 hours per facility.
RECORDKEEPING AND REPORTING REQUIREMENTS (Exhibit 7)
LQGs must comply with the recordkeeping and reporting requirements detailed in sections 262.40 through 262.43, and SQGs must comply with the independent requirements in section 262.44. This ICR does not burden generators for their hazardous waste determinations, since they are already burdened for recordkeeping of test results in the LDR ICR, OMB Control No. 2050-0085. (Refer to the “Hazardous Waste Determination Requirements” in this section for further discussion on EPA’s assumptions.) EPA estimates that one tenth of one percent of all generators, approximately 81, will also be required to submit certain additional information (§262.43). Based on the ratio of LQGs to SQGs, EPA estimates that approximately 18 are LQGs and 66 are SQGs.
EXPORT AND IMPORT REQUIREMENTS (Exhibit 8)
Based on export notifications tracked by EPA’s Office of Enforcement and Compliance Assurance (OECA), EPA estimates that approximately 702 generators will export hazardous waste each year under 40 CFR 262.53, and .55 - .57, and will be required to notify EPA of their intention to export hazardous waste, file an Annual Report with the Administrator summarizing the types, quantities, frequencies, and ultimate destination of all hazardous wastes exported during the previous years, and keep copies of relevant documents for a period of three years. Data were not available for generators re-notifying under 40 CFR 262.54(g). We therefore pro-rated 2011 notification to re-notification data to derive an estimate of 290 re-notifications.11
Exhibit 8 provides estimates on the number of LQGs and SQGs who intend to trade with OECD countries, as well as facilities who imported materials from OECD countries. These data were collected and provided by OECA
SUMMARY OF BURDEN HOURS and COSTS
6(e) Bottom Line Burden Hours and Costs
Based on the above assumptions, affected universes and associated labor and operating costs, EPA estimates that 526,989 burden hours and $31,304,072 will be required annually to support recordkeeping and reporting requirements for large and small quantity generators. EPA also estimates that the burden to the Federal Government will be 10,628 hours and an annual cost of $855,027.
EPA estimates an increase of 273,470 annual hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burden of 253,519 hours.
6(f) Reasons for Change in Burden
Three factors explain the overall change in the total estimated burden. First, there was an increase in the number of SQGs and LQGs. In estimating the hourly burden for the 2010 ICR, the Agency estimated both a low and high-end estimate for SQGs but provided a high end for purposes of estimated hourly burden. In the 2014, the Agency estimated of the SQG universe by taking the average of both the low and high end SQG universes. In this ICR, the Agency went back to using the high-end estimated hourly burden to ensure that all possible burden is captured.
Second, this ICR incorporates the applicable burden from the 2016 Hazardous Waste Generator Improvements Rule, which added requirements such as LQG contingency plans, LQG closure, and intra-organizational transfers, for example. Some of the added burden associated with the new flexibilities for SQGs and VSQGs (intra-organizational transfers and episodic generation) is likely overstated, because EPA expects them to be cost and burden savings measures as a whole.
The methodology used was initially developed to estimate the number of SQGs for the “Hazardous Waste Generator Improvements Rule." To derive an estimate of the number of SQGs, EPA relied on information in the 2007, 2009, 2011 and 2013 BR and RCRAInfo databases. Specifically, EPA used the WR form in the BR database to identify all facilities that shipped hazardous waste off-site and compared this list against the Site ID form in RCRAInfo to identify active SQGs. This analysis was conducted to exclude inactive SQGs in the RCRAInfo database. SQGs that sent multiple hazardous waste shipments to a single TSDF, or more than one TSDF, were only counted once.
Furthermore, as part of EPA’s data collection effort, several states provided information on the number of SQGs statewide. These states include Alabama, California, Florida, Illinois, Massachusetts, Maine, Minnesota, New Hampshire, New Jersey, Ohio, Rhode Island, and Wisconsin. Therefore, where state-level data were provided, EPA relied on this information rather than estimates derived from the BR and RCRAInfo databases.
Third, the number of generators exporting and importing hazardous waste increased between 2016 and 2018 as a result of the Export-Import rule that became effective in D of 2010 – too late to impact the 2010 ICR. Between 2011 and 2014, the number of generators either importing or exporting hazardous waste increased from 1,293 to 3,256 for an increase of 152 percent.
As noted, this ICR incorporates new regulations from two recently promulgated rules: The Hazardous Waste Generator Improvements rule of 2016 (OMB Control No. 2050-0213) and the Hazardous Waste Export-Import Revisions rule of 2016 (OMB Control No. 2050-0214). The hours and costs incorporated from the rule ICRs into this ICRs is less than the total hours and cost reported in those ICRs because the notification and biennial reporting requirements associated with those rules were incorporates into a separate ICR (OMB Control No. 2050-0024).
6(g) Burden Statement
The average public reporting under this collection of information is estimated to be .75 hours per respondent. The average public recordkeeping burden under this collection of information is estimated to be .06 hours per respondent. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 3 hours per response.
Burden means the total time, effort, and financial resources expended by persons to generate, maintain, retain, 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 No. EPA-HQ-OLEM-2018-0390, 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 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-OLEM-2018-0390 and OMB Control Number 2050-0035 in any correspondence.
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ANNUAL RESPONDENT BURDEN/COST ESTIMATES |
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READING THE REGULATIONS |
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O&M Costs/Respondent |
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Cost per |
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Number of |
Hours per Respondent |
Postage/ |
Photocopies |
Other |
Total Hours |
Respondent/ |
Total Cost |
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|
Respondents |
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
|
per Year |
Shipment |
per Year |
|
|
@ $130.33/hr |
@ $113.39/hr |
@ $83.74/hr |
@ $31.14/hr |
@ $0.41/doc |
@ $0.11/page |
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Read the Regulations: |
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|
LQGs |
21,349 |
0.25 |
0.25 |
0.50 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
21,349 |
$102.80 |
$2,194,677 |
SQGs |
59,800 |
0.15 |
0.15 |
0.40 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
41,860 |
$70.05 |
$4,189,229 |
TOTAL |
N/A |
N/A |
N/A |
N/A |
0.00 |
$0.00 |
$0.00 |
$0.00 |
63,209 |
varies |
$6,383,906 |
EXHIBIT 3: |
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ANNUAL RESPONDENT BURDEN/COST ESTIMATES |
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FOR LARGE QUANTITY GENERATORS |
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O&M Costs/Respondent |
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Number of |
Hours per Respondent |
Postage/ |
Photocopies |
Other |
Total Hours |
Cost per |
Total Cost |
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Respondents |
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
|
per Year |
Respondent |
per Year |
|
|
@ $130.33/hr |
@ $113.39/hr |
@ $83.74/hr |
@ $31.14/hr |
@ $1.48/doc |
@ $0.11/page |
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Large Quantity Generator |
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Pre-Transport Requirements |
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Labeling |
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Label containers in 90-day accumulation |
21,349 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
21,349 |
$83.74 |
$1,787,765 |
Label the containers in satellite accumulation |
21,349 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
10,675 |
$41.87 |
$893,883 |
Personnel Training |
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Collect job-related data |
4,696 |
0.00 |
0.00 |
0.00 |
0.50 |
$0.00 |
$0.00 |
$0.00 |
2,348 |
$15.57 |
$73,117 |
Maintain information at facility |
4,696 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
470 |
$3.11 |
$14,623 |
Contingency Planning and Emergency Procedures Requirements |
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Contingency Plan |
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Collect data required in contingency plan |
427 |
0.00 |
0.00 |
2.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
1,281 |
$198.62 |
$84,811 |
Document whether authorities decline arrangement |
427 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
43 |
$3.11 |
$1,330 |
Write contingency plan |
427 |
0.00 |
0.00 |
6.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
3,416 |
$564.72 |
$241,135 |
Maintain contingency plan |
21,349 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
2,135 |
$3.11 |
$66,481 |
Submit contingency plan to relevant emergency centers |
427 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$3.30 |
$0.40 |
68 |
$10.16 |
$4,338 |
Develop and submit quick reference guide to contingency plan to local emergency management authorities* |
5,940 |
0.00 |
0.00 |
1.50 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
20,790 |
$187.89 |
$1,116,067 |
Maintain records of arrangement or attempt to make arrangement with local emergency management authorities* |
5,940 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
594 |
$3.11 |
$18,497 |
Amend contingency plan when appropriate |
2,134 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
2,134 |
$83.74 |
$178,701 |
Emergency Procedures |
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Collect information required in emergency report |
363 |
0.00 |
0.00 |
1.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
726 |
$114.88 |
$41,701 |
Write emergency report |
363 |
0.17 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
425 |
$105.90 |
$38,440 |
Call OSC or notify NRC; notify local authorities if advisable |
363 |
0.00 |
0.10 |
0.90 |
0.00 |
$0.00 |
$0.00 |
$10.00 |
363 |
$96.71 |
$35,104 |
Notification of Compliance |
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Collect information required in emergency notification report |
363 |
0.00 |
0.00 |
0.50 |
0.50 |
$0.00 |
$0.00 |
$0.00 |
363 |
$57.44 |
$20,851 |
Write emergency notification report |
363 |
0.17 |
0.00 |
0.50 |
0.50 |
$0.00 |
$0.00 |
$0.00 |
425 |
$79.60 |
$28,893 |
Submit report to Regional Administrator |
363 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
58 |
$7.08 |
$2,569 |
Compile information demonstrating compliance |
363 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
182 |
$41.87 |
$15,199 |
Tank System Requirements |
|
|
|
|
|
|
|
|
|
|
|
Free Liquids Absence Demonstration |
|
|
|
|
|
|
|
|
|
|
|
Perform test as required |
53 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
27 |
$41.87 |
$2,219 |
Place test results in record |
53 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
5 |
$3.11 |
$165 |
Sufficiency Demonstration |
|
|
|
|
|
|
|
|
|
|
|
Perform leak test |
53 |
0.00 |
0.00 |
10.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
530 |
$837.40 |
$44,382 |
Obtain independent engineer's assessment of tank integrity |
53 |
0.00 |
0.00 |
6.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
424 |
$564.72 |
$29,930 |
File assessment at facility |
53 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
5 |
$3.11 |
$165 |
Tank System Assessments |
|
|
|
|
|
|
|
|
|
|
|
Obtain written assessment and have it reviewed & certified |
160 |
0.00 |
1.00 |
13.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
2,400 |
$1,233.15 |
$197,304 |
Obtain written statements from those who certified |
|
|
|
|
|
|
|
|
|
|
|
design of tank system and supervised installation |
160 |
0.00 |
1.00 |
7.00 |
4.00 |
$0.00 |
$0.00 |
$0.00 |
1,920 |
$824.13 |
$131,861 |
File written statements at facility |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Secondary Containment |
|
|
|
|
|
|
|
|
|
|
|
Equivalent Containment Devices |
|
|
|
|
|
|
|
|
|
|
|
Gather design and other information |
53 |
0.00 |
0.00 |
2.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
212 |
$229.76 |
$12,177 |
Submit information to Regional Administrator |
53 |
0.00 |
0.10 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
14 |
$18.42 |
$976 |
Exemption from 24-Hour Leak Detection Requirement |
|
|
|
|
|
|
|
|
|
|
|
Compile evidence that leak detection system cannot |
|
|
|
|
|
|
|
|
|
|
|
detect failure or contamination within 24 hours |
5 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
20 |
$334.96 |
$1,675 |
Submit evidence to Regional Administrator |
5 |
0.00 |
0.10 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
1 |
$18.42 |
$92 |
Variance from Secondary Containment Requirements |
|
|
|
|
|
|
|
|
|
|
|
Prepare notification of intent to conduct demonstration |
5 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
5 |
$83.74 |
$419 |
Submit notification to Regional Administrator |
5 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
1 |
$7.08 |
$35 |
Complete demonstration |
5 |
0.00 |
1.00 |
9.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
60 |
$929.33 |
$4,647 |
Submit completed demonstration to Regional Administrator |
5 |
0.00 |
0.10 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
1 |
$18.42 |
$92 |
Annual Leak Tests and Inspections |
|
|
|
|
|
|
|
|
|
|
|
Conduct leak test (non-enterable underground tanks only) |
160 |
0.00 |
0.00 |
12.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,920 |
$1,004.88 |
$160,781 |
Conduct annual leak test (all other tanks) |
160 |
0.00 |
0.00 |
16.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
2,560 |
$1,339.84 |
$214,374 |
Record inspection and/or test results |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
Maintain record of results on file at facility |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Exemptions from 24-Hour Waste Removal Requirement |
|
|
|
|
|
|
|
|
|
|
|
Compile evidence of inability to remove waste timely |
5 |
0.00 |
0.00 |
2.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
15 |
$198.62 |
$993 |
Submit evidence to Regional Administrator |
5 |
0.00 |
0.10 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
1 |
$18.42 |
$92 |
Release Notifications and Reports |
|
|
|
|
|
|
|
|
|
|
|
Notify Regional Administrator of release |
53 |
0.00 |
0.10 |
0.40 |
0.00 |
$0.00 |
$0.00 |
$5.00 |
27 |
$49.84 |
$2,641 |
Prepare detailed report for Regional Administrator |
53 |
0.17 |
0.10 |
3.00 |
1.90 |
$0.00 |
$0.00 |
$0.00 |
274 |
$343.88 |
$18,226 |
Submit report to Regional Administrator |
53 |
0.00 |
0.10 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
14 |
$18.42 |
$976 |
Major Repair Certifications |
|
|
|
|
|
|
|
|
|
|
|
Obtain certification |
53 |
0.00 |
0.00 |
4.00 |
4.00 |
$0.00 |
$0.00 |
$0.00 |
424 |
$459.52 |
$24,355 |
Submit certification to Regional Administrator |
53 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$0.55 |
$0.07 |
8 |
$7.08 |
$375 |
Drip Pad Requirements |
|
|
|
|
|
|
|
|
|
|
|
Contingency Plan |
|
|
|
|
|
|
|
|
|
|
|
Write contingency plan |
2 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
4 |
$167.48 |
$335 |
Document clean-up of incidental drippage |
2 |
0.00 |
0.00 |
0.25 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
1 |
$28.72 |
$57 |
Retain documentation for 3 years |
2 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
0 |
$3.11 |
$6 |
Assess adequacy of drip pads |
|
|
|
|
|
|
|
|
|
|
|
Prepare and maintain assessment of pad integrity |
0 |
0.00 |
0.00 |
2.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
0 |
$198.62 |
$0 |
Prepare plan for upgrading pad |
0 |
0.00 |
0.10 |
5.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
0 |
$461.18 |
$0 |
Prepare drawings of pad and obtain independent certification |
0 |
0.00 |
0.20 |
6.50 |
0.30 |
$0.00 |
$0.55 |
$0.07 |
0 |
$576.95 |
$0 |
Design and Operating Requirements |
|
|
|
|
|
|
|
|
|
|
|
Prepare an assessment of drip pad and obtain certification |
13 |
0.00 |
0.25 |
4.00 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
59 |
$371.09 |
$4,824 |
Place a record of any condition contributing to or actual |
|
|
|
|
|
|
|
|
|
|
|
release of hazardous waste from drip pad in operating log |
2 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1 |
$20.94 |
$42 |
Notify Regional Administrator of release & provide written notice |
2 |
0.17 |
0.10 |
0.40 |
0.00 |
$1.48 |
$0.55 |
$2.00 |
1 |
$71.02 |
$142 |
Notify Regional Administrator of completion of repairs |
2 |
0.00 |
0.10 |
0.40 |
0.00 |
$1.48 |
$0.22 |
$0.00 |
1 |
$46.54 |
$93 |
Provide Regional Administrator independent certification |
|
|
|
|
|
|
|
|
|
|
|
that repairs satisfy applicable standards |
2 |
0.00 |
0.10 |
1.00 |
0.10 |
$1.48 |
$0.55 |
$0.07 |
2 |
$100.29 |
$201 |
Prepare documentation of operating/waste handling practices |
13 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.55 |
$0.07 |
26 |
$168.10 |
$2,185 |
Certification of liner |
|
|
|
|
|
|
|
|
|
|
|
Obtain independent certification of liner |
13 |
0.00 |
0.00 |
2.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
27 |
$170.59 |
$2,218 |
Place certification in operating log |
13 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
1 |
$3.11 |
$40 |
Documentation of waste removal |
|
|
|
|
|
|
|
|
|
|
|
Prepare description of 90-day waste removal practices |
13 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
3 |
$20.94 |
$272 |
Document each waste removal |
13 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
3 |
$20.94 |
$272 |
Containment Building Requirements |
|
|
|
|
|
|
|
|
|
|
|
Design and Performance Documentation |
|
|
|
|
|
|
|
|
|
|
|
Obtain independent certification of building design |
22 |
0.00 |
0.00 |
2.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
46 |
$170.59 |
$3,753 |
Place certification in operating record |
22 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
2 |
$3.11 |
$69 |
Maintain records of any release from containment building |
6 |
0.00 |
0.00 |
0.25 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
2 |
$24.05 |
$144 |
Notify Regional administrator of any condition contributing to |
|
|
|
|
|
|
|
|
|
|
|
or actual release of hazardous waste and follow-up notice |
6 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
12 |
$167.48 |
$1,005 |
Notify Regional Administrator of clean-up or repairs |
6 |
0.17 |
0.10 |
0.40 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
5 |
$70.11 |
$421 |
Record monitoring and leak detection data and place in |
|
|
|
|
|
|
|
|
|
|
|
operating record at least every 7 days |
22 |
0.00 |
0.00 |
0.00 |
10.00 |
$0.00 |
$0.00 |
$0.00 |
220 |
$311.40 |
$6,851 |
Documentation of Areas Lacking Secondary Containment |
|
|
|
|
|
|
|
|
|
|
|
Place in operating log description of procedures to maintain |
|
|
|
|
|
|
|
|
|
|
|
integrity of areas lacking secondary containment |
22 |
0.00 |
0.00 |
2.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
46 |
$170.59 |
$3,753 |
Documentation of Procedures and Compliance |
|
|
|
|
|
|
|
|
|
|
|
Prepare procedures ensuring waste is stored no more |
|
|
|
|
|
|
|
|
|
|
|
than 90 days |
22 |
0.00 |
0.00 |
1.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
24 |
$86.85 |
$1,911 |
Prepare description of waste generation and waste |
|
|
|
|
|
|
|
|
|
|
|
management practices |
22 |
0.00 |
0.00 |
1.50 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
35 |
$128.72 |
$2,832 |
Document that 90-day storage procedures are satisfied |
22 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
6 |
$20.94 |
$461 |
Document that unit is emptied at least once every 90 days |
22 |
0.00 |
0.00 |
1.00 |
0.40 |
$0.00 |
$0.00 |
$0.00 |
31 |
$96.20 |
$2,116 |
Requests for Extensions of Accumulation Period |
|
|
|
|
|
|
|
|
|
|
|
Prepare and submit request to Regional Administrator |
214 |
0.10 |
0.10 |
0.00 |
0.40 |
$1.48 |
$0.00 |
$0.00 |
128 |
$38.31 |
$8,198 |
Intra-Organizational Transfers |
|
|
|
|
|
|
|
|
|
|
|
Recordkeeping* |
3,635 |
0.00 |
0.00 |
0.90 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
3,272 |
$75.37 |
$273,955 |
Special Requirements for Ignitable and Reactive Waste |
|
|
|
|
|
|
|
|
|
|
|
Submit waiver application to local emergency management authority as a new LQG (recurring cost after first year, one-time cost per facility)* |
3,635 |
0.00 |
0.20 |
0.57 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
3,162 |
$73.52 |
$267,259 |
Subtotal O&M Costs for LQG Pre-Transport Requirements |
|
|
|
|
|
|
|
|
|
|
$7,581.56 |
Subtotal for LQG Pre-Transport Requirements consolidated from ICR OMB Control No. 2050-0213 |
|
|
|
|
|
|
|
|
27,818 |
|
$1,675,778 |
Subtotal for LQG Pre-Transport Requirements |
|
|
|
|
|
|
|
|
86,185 |
|
$6,123,666 |
*Indicates a requirement that has been consolidated into this ICR from EPA ICR Number 2513.02, OMB Control No. 2050-0213 “Reporting and Recordkeeping Requirements for the Final Hazardous Waste Generator Improvements Rule.” |
|||||||||||
EXHIBIT 4: |
|
|
|
|
|
|
|
|
|
|
|
ANNUAL RESPONDENT BURDEN/COST ESTIMATES |
|
|
|
|
|
|
|
|
|
|
|
FOR LARGE QUANTITY GENERATORS |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
O&M Costs/Respondent |
|
Cost per |
|
||
|
Number of |
Hours per Respondent |
Postage/ |
Photocopies |
Other |
Total Hours |
Respondent/ |
Total Cost |
|||
|
Respondents |
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
|
per Year |
Shipment |
per Year |
|
|
@ $130.33/hr |
@ $113.39/hr |
@ $83.74/hr |
@ $31.14/hr |
@ $1.48/doc |
@ $0.11/page |
|
|
|
|
Large Quantity Generator |
|
|
|
|
|
|
|
|
|
|
|
Air Emission Standards Requirements |
|
|
|
|
|
|
|
|
|
|
|
Process Vents |
|
|
|
|
|
|
|
|
|
|
|
Control Device Operation Documentation |
|
|
|
|
|
|
|
|
|
|
|
Reassess and file documentation |
160 |
0.00 |
0.00 |
1.50 |
0.50 |
$0.00 |
$0.00 |
$0.00 |
320 |
$141.18 |
$22,589 |
Modify documentation |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Maintain documentation at the facility (265.1035)(e)(2) |
320 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
32 |
$3.11 |
$996 |
Waste Determination |
|
|
|
|
|
|
|
|
|
|
|
Gather information (initially and annually thereafter) |
320 |
0.00 |
8.00 |
16.00 |
8.00 |
$0.00 |
$0.00 |
$0.00 |
10,240 |
$2,496.08 |
$798,746 |
Document information (initially and annually thereafter) |
320 |
0.00 |
0.00 |
0.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$62.28 |
$19,930 |
Maintain documentation at the facility (initially and annually thereafter) |
320 |
0.00 |
0.00 |
0.00 |
0.40 |
$0.00 |
$0.00 |
$0.00 |
128 |
$12.46 |
$3,986 |
Facility operating record: Implementation schedule |
|
|
|
|
|
|
|
|
|
|
|
Reassess implementation schedule |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
File and maintain implementation schedule |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Modify implementation schedule |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Facility operating record: Up-to-date documentation of compliance (265.1032) |
|
|
|
|
|
|
|
|
|
|
|
Reassess up-to-date documentation of compliance |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
File and maintain up-to-date documentation of compliance |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Modify up-to-date documentation of compliance |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Facility operating record: Performance Test Plan |
|
|
|
|
|
|
|
|
|
|
|
Reassess performance test plan |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
File and maintain performance test plan |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Modify performance test plan |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Facility operating record: Documentation of compliance (265.1033) |
|
|
|
|
|
|
|
|
|
|
|
Reasses up-to-date documentation |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
File and maintain up-to-date documentation |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Modify up-to-date documentation |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Facility operating record: Design/monitoring/operation/inspection information |
|
|
|
|
|
|
|
|
|
|
|
Reassess information |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
File and maintain information |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Modify information |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Facility operating record: Determination of applicability to Subpart AA |
|
|
|
|
|
|
|
|
|
|
|
Reassess determination |
160 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
320 |
$167.48 |
$26,797 |
File and maintain determination |
160 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
16 |
$3.11 |
$498 |
Modify determination |
160 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
640 |
$334.96 |
$53,594 |
Equipment Leaks |
|
|
|
|
|
|
|
|
|
|
|
Notification to implement the alternative valve standard in (265.1061)(a) |
|
|
|
|
|
|
|
|
|
|
|
Prepare notification |
1,195 |
0.00 |
0.25 |
1.00 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
1,793 |
$119.87 |
$143,248 |
Submit notification to the Region |
1,195 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$0.00 |
$0.00 |
191 |
$6.46 |
$7,723 |
Notification to discontinue alternative valve standard in (265.1061)(a) |
|
|
|
|
|
|
|
|
|
|
|
Prepare notification |
13 |
0.00 |
0.25 |
1.00 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
20 |
$119.87 |
$1,558 |
Submit notification to the Region |
13 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$0.00 |
$0.00 |
2 |
$6.46 |
$84 |
Notification to implement alternative valve standard (265.1061)(b)(2) and (265.1062)(b)(3) |
|
|
|
|
|
|
|
|
|
|
|
Prepare notification |
84 |
0.00 |
0.25 |
1.00 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
126 |
$119.87 |
$10,069 |
Submit notification to the Region |
84 |
0.00 |
0.00 |
0.00 |
0.16 |
$1.48 |
$0.00 |
$0.00 |
13 |
$6.46 |
$543 |
Non-hazardous waste documentation |
|
|
|
|
|
|
|
|
|
|
|
Gather production process, waste generation, and |
|
|
|
|
|
|
|
|
|
|
|
specification analysis (4 times annually) |
84 |
0.00 |
0.00 |
10.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
840 |
$837.40 |
$70,342 |
Document production process, waste generation and |
|
|
|
|
|
|
|
|
|
$0.00 |
|
specification analysis (4 times annually) |
84 |
0.00 |
0.00 |
16.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,344 |
$1,339.84 |
$112,547 |
Maintain documentation at the facility (4 times annually) |
84 |
0.00 |
0.00 |
0.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
168 |
$62.28 |
$5,232 |
Facility Operating Record (265.1064)(b): Equipment record |
|
|
|
|
|
|
|
|
|
|
|
Reassess equipment record |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain equipment record |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify equipment record |
597 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
2,388 |
$334.96 |
$199,971 |
Facility Operating Record: Implementation schedule |
|
|
|
|
|
|
|
|
|
|
|
Reassess implementation schedule |
5,977 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
5,977 |
$83.74 |
$500,514 |
File and maintain schedule |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify implementation schedule |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Performance Test Plan |
|
|
|
|
|
|
|
|
|
|
|
Reassess performance test plan |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain plan |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify performance test plan |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Documentation of compliance with (265.1060) |
|
|
|
|
|
|
|
|
|
|
|
Reassess up-to-date documentation |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain up-to-date documentation |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify up-to-date documentation |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Leak inspection log |
|
|
|
|
|
|
|
|
|
|
|
Prepare a leak inspection log |
5,977 |
0.00 |
0.00 |
2.00 |
2.00 |
$0.00 |
$0.00 |
$0.00 |
23,908 |
$229.76 |
$1,373,276 |
Reassess leak inspection log |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain inspection log |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify leak inspection log |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Design/monitoring/operation/inspection information |
|
|
|
|
|
|
|
|
|
|
|
Reassess information |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain information |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify information |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Equipment Log |
|
|
|
|
|
|
|
|
|
|
|
Reassess equipment log |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain an equipment log |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify equipment log |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Valve Log (265.1057)(g) and (h) (Not in compliance) |
|
|
|
|
|
|
|
|
|
|
|
Reassess valve log |
418 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
836 |
$167.48 |
$70,007 |
File and maintain valve log |
418 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
42 |
$3.11 |
$1,302 |
Modify valve log |
4 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
8 |
$167.48 |
$670 |
Facility Operating Record: Valve Log (265.1062) (In compliance) |
|
|
|
|
|
|
|
|
|
|
|
Reassess valve log |
84 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
168 |
$167.48 |
$14,068 |
File and maintain valve log |
84 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
8 |
$3.11 |
$262 |
Modify valve log |
8 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
16 |
$167.48 |
$1,340 |
Facility Operating Record: Criteria Log |
|
|
|
|
|
|
|
|
|
|
|
Reassess criteria log |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain criteria log |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify criteria log |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Facility Operating Record: Exemption Log |
|
|
|
|
|
|
|
|
|
|
|
Reassess exemption log |
5,977 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
11,954 |
$167.48 |
$1,001,028 |
File and maintain exemption log |
5,977 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
598 |
$3.11 |
$18,612 |
Modify exemption log |
597 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1,194 |
$167.48 |
$99,986 |
Subtotal O&M Costs for LQG Air Emission Standards Requirements |
|
|
|
|
|
|
|
|
|
|
$1,912 |
Subtotal for LQG Air Emission Standards Requirements |
|
|
|
|
|
|
|
|
166,267 |
|
$12,873,544 |
EXHIBIT 5: |
|
|
|
|
|
|
|
|
|
|
|
ANNUAL RESPONDENT BURDEN/COST ESTIMATES |
|
|
|
|
|
|
|
|
|
|
|
FOR SMALL QUANTITY GENERATORS (High End) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
O&M Costs/Respondent |
|
Cost per |
|
||
|
Number of |
Hours per Respondent |
Postage/ |
Photocopies |
Other |
Total Hours |
Respondent/ |
Total Cost |
|||
|
Respondents |
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
|
per Year |
Shipment |
per Year |
|
|
@ $130.33/hr |
@ $113.39/hr |
@ $83.74/hr |
@ $31.14/hr |
@ $1.48/doc |
@ $0.11/page |
|
|
|
|
Small Quantity Generator |
|
|
|
|
|
|
|
|
|
|
|
Pre-Transport Requirements |
|
|
|
|
|
|
|
|
|
|
|
Labeling |
|
|
|
|
|
|
|
|
|
|
|
Label containers in 180-day and satellite accumulation |
59,800 |
0.00 |
0.00 |
1.83 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
109,434 |
$153.24 |
$9,164,003 |
Emergency Procedures |
|
|
|
|
|
|
|
|
|
|
|
Observe scene of hazardous waste discharge |
1,016 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
508 |
$41.87 |
$42,540 |
Report by phone requested data items to NRC |
1,016 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
$5.00 |
508 |
$46.87 |
$47,620 |
Document that local officials decline to enter into |
|
|
|
|
|
|
|
|
|
|
|
arrangements for coordinating response |
1,016 |
0.00 |
0.00 |
0.10 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
102 |
$8.37 |
$8,508 |
Post emergency information by phone |
1,016 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
102 |
$3.11 |
$3,164 |
Drip Pad Requirements |
|
|
|
|
|
|
|
|
|
|
|
Contingency Plan |
|
|
|
|
|
|
|
|
|
|
|
Write contingency plan |
6 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
12 |
$167.48 |
$1,005 |
Document clean-up of incidental drippage |
6 |
0.00 |
0.00 |
0.25 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
3 |
$28.72 |
$172 |
Retain documentation for 3 years |
6 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
1 |
$3.11 |
$19 |
Assess adequacy of drip pads |
|
|
|
|
|
|
|
|
|
|
|
Prepare and maintain assessment of pad integrity |
0 |
0.00 |
0.00 |
2.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
0 |
$198.62 |
$0 |
Prepare plan for upgrading pad |
0 |
0.00 |
0.10 |
5.00 |
1.00 |
$0.00 |
$0.00 |
$0.00 |
0 |
$461.18 |
$0 |
Prepare drawings of pad and obtain independent certification |
0 |
0.00 |
0.20 |
6.50 |
0.30 |
$0.00 |
$0.55 |
$0.07 |
0 |
$576.95 |
$0 |
Design and Operating Requirements |
|
|
|
|
|
|
|
|
|
|
|
Prepare an assessment of drip pad and obtain certification |
36 |
0.00 |
0.25 |
4.00 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
162 |
$371.09 |
$13,359 |
Place a record of any condition contributing to or actual |
|
|
|
|
|
|
|
|
|
|
|
release of hazardous waste from drip pad in operating log |
6 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
2 |
$20.94 |
$126 |
Notify Regional Administrator of release & provide written notice |
6 |
0.17 |
0.10 |
0.40 |
0.00 |
$1.48 |
$0.55 |
$2.00 |
4 |
$71.02 |
$426 |
Notify Regional Administrator of completion of repairs |
6 |
0.00 |
0.10 |
0.40 |
0.00 |
$1.48 |
$0.22 |
$0.00 |
3 |
$46.54 |
$279 |
Provide Regional Administrator independent certification |
|
|
|
|
|
|
|
|
|
|
|
that repairs satisfy applicable standards |
2 |
0.00 |
0.10 |
1.00 |
0.10 |
$1.48 |
$0.55 |
$0.07 |
2 |
$100.29 |
$201 |
Prepare documentation of operating/waste handling practices |
36 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.55 |
$0.07 |
72 |
$168.10 |
$6,051 |
Certification of liner |
|
|
|
|
|
|
|
|
|
|
|
Obtain independent certification of liner |
36 |
0.00 |
0.00 |
2.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
76 |
$170.59 |
$6,141 |
Place certification in operating log |
36 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
4 |
$3.11 |
$112 |
Documentation of waste removal |
|
|
|
|
|
|
|
|
|
|
|
Prepare description of 90-day waste removal practices |
36 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
9 |
$20.94 |
$754 |
Document each waste removal |
36 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
9 |
$20.94 |
$754 |
Containment Building Requirements |
|
|
|
|
|
|
|
|
|
|
|
Design and Performance Documentation |
|
|
|
|
|
|
|
|
|
|
|
Obtain independent certification of building design |
62 |
0.00 |
0.00 |
2.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
130 |
$170.59 |
$10,577 |
Place certification in operating record |
62 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
6 |
$3.11 |
$193 |
Maintain records of any release from containment building |
17 |
0.00 |
0.00 |
0.25 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
6 |
$24.05 |
$409 |
Notify Regional administrator of any condition contributing to |
17 |
|
|
|
|
|
|
|
|
|
|
or actual release of hazardous waste and follow-up notice |
17 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
34 |
$167.48 |
$2,847 |
Notify Regional Administrator of clean-up or repairs |
17 |
0.17 |
0.10 |
0.40 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
13 |
$70.11 |
$1,192 |
Record monitoring and leak detection data and place in |
|
|
|
|
|
|
|
|
|
|
|
operating record at least every 7 days |
62 |
0.00 |
0.00 |
0.00 |
10.00 |
$0.00 |
$0.00 |
$0.00 |
620 |
$311.40 |
$19,307 |
Documentation of Areas Lacking Secondary Containment |
|
|
|
|
|
|
|
|
|
|
|
Place in operating log description of procedures to maintain |
|
|
|
|
|
|
|
|
|
|
|
integrity of areas lacking secondary containment |
62 |
0.00 |
0.00 |
2.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
130 |
$170.59 |
$10,577 |
Documentation of Procedures and Compliance |
|
|
|
|
|
|
|
|
|
|
|
Prepare procedures ensuring waste is stored no more |
|
|
|
|
|
|
|
|
|
|
|
than 90 days |
62 |
0.00 |
0.00 |
1.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
68 |
$86.85 |
$5,385 |
Prepare description of waste generation and waste |
|
|
|
|
|
|
|
|
|
|
|
management practices |
62 |
0.00 |
0.00 |
1.50 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
99 |
$128.72 |
$7,981 |
Document that 90-day storage procedures are satisfied |
62 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
16 |
$20.94 |
$1,298 |
Document that unit is emptied at least once every 90 days |
62 |
0.00 |
0.00 |
1.00 |
0.40 |
$0.00 |
$0.00 |
$0.00 |
87 |
$96.20 |
$5,964 |
Contingency Planning and Emergency Procedures Requirement |
|
|
|
|
|
|
|
|
|
|
|
Maintain records of arrangement or attempt to make arrangement with local emergency management authorities* |
2,426 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$5.73 |
243 |
$8.84 |
$21,456 |
Episodic Generation |
|
|
|
|
|
|
|
|
|
|
|
Notify EPA or Regional Administrator* |
778 |
0.00 |
0.12 |
1.26 |
0.12 |
$1.48 |
$0.00 |
$0.00 |
1,167 |
$124.34 |
$96,733 |
Complete and maintain records of episodic hazardous waste generated* |
778 |
0.00 |
2.73 |
3.51 |
1.17 |
$1.48 |
$0.00 |
$0.00 |
5,765 |
$641.40 |
$499,006 |
Requests for Extensions of the Accumulation Period |
|
|
|
|
|
|
|
|
|
|
|
Prepare and submit request to Regional Administrator |
60 |
0.00 |
0.10 |
0.00 |
0.40 |
$1.48 |
$0.00 |
$0.00 |
30 |
$25.28 |
$1,517 |
Subtotal O&M Costs for SQG Pre-Transport Requirements consolidated from ICR OMB Control No. 2050-0213 |
|
|
|
|
|
|
|
|
16 |
|
$16,203 |
Subtotal O&M Costs for SQG Pre-Transport Requirements |
|
|
|
|
|
|
|
|
|
|
$21,433 |
Subtotal for SQG Pre-Transport Requirements consolidated from EPA ICR OMB Control No. 2050-0213 |
|
|
|
|
|
|
|
|
7,174 |
|
$617,195 |
Subtotal for SQG Pre-Transport Requirements |
|
|
|
|
|
|
|
|
119,425 |
|
$9,979,675 |
*Indicates a requirement that has been consolidated into this ICR from EPA ICR Number 2513.02, OMB Control No. 2050-0213 “Reporting and Recordkeeping Requirements for the Final Hazardous Waste Generator Improvements Rule.” |
|||||||||||
Exhibit 6: |
|
|||||||||||
Respondent Burden and Cost Estimates |
|
|||||||||||
For Very Small Quantity Generators (High-end) |
|
|||||||||||
Information Collection Activity |
Hours and Costs Per Respondent Per Activity |
Total Hours and Costs |
|
|||||||||
Legal |
Managerial |
Technical |
Clerical |
Capital/Startup Cost |
O&M Cost |
Number of Resp. |
Total Hours |
Labor Costs |
Capital/Startup and O&M Costs |
Total Cost |
|
|
|
$130.33 |
$113.39 |
$83.74 |
$31.14 |
|
|
|
|
|
|
|
|
Intra-organizational Transfers |
|
|
|
|
|
|
|
|
|
|
|
|
Label all containers in central and satellite accumulation areas* |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
31,738 |
15,869 |
$1,328,870 |
$0 |
$1,328,870 |
|
Episodic Generation |
|
|
|
|
|
|
|
|
|
|
|
|
Notify EPA or Regional Administrator* |
0.00 |
0.12 |
1.26 |
0.12 |
$0.00 + |
$5.73 |
1,707 |
2,561 |
$209,715 |
$9,781 |
$219,496 |
|
Obtain an EPA ID Number* |
0.00 |
0.08 |
0.84 |
0.08 |
$0.00 |
$3.82 |
1,707 |
1,707 |
$139,810 |
$6,521 |
$146,331 |
|
Complete and maintain records of episodic hazardous waste generated* |
0.00 |
1.86 |
2.39 |
0.80 |
$0.00 |
$0.00 |
1,707 |
8,613 |
$743,828 |
$0 |
$743,828 |
|
Complete manifests* |
0.00 |
0.002 |
0.16 |
0.36 |
$0.00 |
$0.00 |
1,707 |
900 |
$42,983 |
$0 |
$42,983 |
|
Identify emergency coordinator(s)* |
0.00 |
0.00 |
0.40 |
0.70 |
$0.00 |
$0.00 |
1,707 |
1,878 |
$94,387 |
$0 |
$94,387 |
|
TOTAL for VSQG Requirements (all consolidated from EPA ICR OMB Control No. 2050-0213) |
varies |
varies |
varies |
varies |
Varies |
varies |
|
31,528 |
$2,559,593 |
$16,302 |
$2,575,895 |
|
*Indicates a requirement that has been consolidated into this ICR from EPA ICR Number 2513.02, OMB Control No. 2050-0213 “Reporting and Recordkeeping Requirements for the Final Hazardous Waste Generator Improvements Rule.” |
|
|||||||||||
EXHIBIT 7: |
|
|
|
|
|
|
|
|
|
|
|
ANNUAL RESPONDENT BURDEN/COST ESTIMATES |
|
|
|
|
|
|
|
|
|
|
|
RECORDKEEPING AND REPORTING REQUIREMENTS |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
O&M Costs/Respondent |
|
Cost per |
|
||
|
Number of |
Hours per Respondent |
Postage/ |
Photocopies |
Other |
Total Hours |
Respondent/ |
Total Cost |
|||
|
Respondents |
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
|
per Year |
Shipment |
per Year |
|
|
@ $130.33/hr |
@ $113.39/hr |
@ $83.74/hr |
@ $31.14/hr |
@ $1.48/doc |
@ $0.11/page |
|
|
|
|
Recordkeeping and Reporting Requirements |
|
|
|
|
|
|
|
|
|
|
|
Recordkeeping and Reporting Requirements (262.40, 262.43) |
|
|
|
|
|
|
|
|
|
|
|
Store, file, and maintain records of any test results, waste |
|
|
|
|
|
|
|
|
|
|
|
analyses, or other determinations |
0 |
0.00 |
0.00 |
0.10 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
0 |
$8.37 |
$0 |
Gather, provide additional information requested by EPA – LQG |
18 |
0.00 |
0.25 |
0.10 |
0.00 |
$1.48 |
$1.10 |
$0.00 |
6 |
$39.30 |
$707 |
Gather, provide additional information requested by EPA – SQG |
66 |
0.00 |
0.25 |
0.10 |
0.00 |
$1.48 |
$0.55 |
$0.00 |
23 |
$38.75 |
$2,558 |
Closure |
|
|
|
|
|
|
|
|
|
|
|
Notify EPA or Regional Administrator* |
477 |
0.00 |
0.16 |
1.68 |
0.16 |
$0.00 |
$0.00 |
$7.64 |
954 |
$171.45 |
$81,781 |
Subtotal O&M Costs consolidated from EPA ICR OMB Control No. 2050-0213 |
|
|
|
|
|
|
|
|
|
|
$3,644 |
O&M TOTAL |
|
|
|
|
|
|
|
|
|
|
$3,824 |
Subtotal for Requirements consolidated from EPA ICR OMB Control No. 2050-0213 |
|
|
|
|
|
|
|
|
954 |
|
$81,781 |
TOTAL |
|
|
|
|
|
|
|
|
983 |
|
$85,046 |
*Indicates a requirement that has been consolidated into this ICR from EPA ICR Number 2513.02, OMB Control No. 2050-0213 “Reporting and Recordkeeping Requirements for the Final Hazardous Waste Generator Improvements Rule.” |
|||||||||||
EXHIBIT 8: |
|
|
|
|
|
|
|
|
|
|
|
|
ANNUAL RESPONDENT BURDEN/COST ESTIMATES |
|
|
|
|
|
|
|
|
|
|
|
|
EXPORT/IMPORT REQUIREMENTS |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
O&M Costs/Respondent |
|
Cost per |
|
||
|
Number of Respondents |
Number of Notifications/Registrants/shipments per Respondent |
Hours per Respondent |
Postage/ |
Photocopies |
Other |
Total Hours |
Respondent/ |
Total Cost |
|||
|
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
|
per Year |
Shipment |
per Year |
||
|
|
|
@ $130.33/hr |
@ $113.39/hr |
@ $83.74/hr |
@ $31.14/hr |
@ $1.48/doc |
@ $0.11/page |
|
|
|
|
Export/Import Requirements |
|
|
|
|
|
|
|
|
|
|
|
|
Notification of Intent to Export Costs |
|
|
|
|
|
|
|
|
|
|
|
|
Collect specific export information |
395 |
3 |
0.00 |
0.00 |
1.50 |
0.00 |
$0.00 |
$0.55 |
$0.00 |
593 |
$126.16 |
$49,833.20 |
Prepare and submit notification to EPA |
395 |
3 |
0.00 |
0.10 |
0.65 |
1.50 |
$1.48 |
$0.00 |
$0.00 |
889 |
$114.04 |
$45,047.28 |
Maintain copy of export notice* |
395 |
3 |
0.00 |
0.00 |
0.00 |
0.26 |
$0.00 |
$0.00 |
$0.00 |
103 |
$8.10 |
$3,198.08 |
Subtotal |
395 |
|
0.00 |
0.10 |
2.15 |
1.76 |
1.48 |
0.55 |
0.00 |
1,482 |
$248.30 |
$94,880.48 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Notification of Intent to Import Costs |
|
|
|
|
|
|
|
|
|
|
|
|
Collect specific export information |
57 |
3 |
0.00 |
0.00 |
1.50 |
0.00 |
$0.00 |
$0.55 |
$0.00 |
86 |
$126.16 |
$7,191.12 |
Prepare and submit notification to EPA |
57 |
3 |
0.00 |
0.10 |
0.65 |
1.50 |
$1.48 |
$0.00 |
$0.00 |
128 |
$114.04 |
$6,500.49 |
Maintain copy of import notice* |
57 |
3 |
0.00 |
0.00 |
0.00 |
0.26 |
$0.00 |
$0.00 |
$0.00 |
15 |
$8.10 |
$461.49 |
Subtotal |
57 |
|
0.00 |
0.10 |
2.15 |
1.76 |
1.48 |
0.55 |
0.00 |
214 |
$248.30 |
$14,153.11 |
|
|
|
|
|
|
|
|
|
|
|
|
|
CDX Registration Costs (exporters)* |
|
|
|
|
|
|
|
|
|
|
|
|
New Registrations |
377 |
211 |
0.00 |
0.00 |
0.15 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
57 |
$7.07 |
$1,491.28 |
Update Information |
377 |
192 |
0.00 |
0.00 |
0.02 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
8 |
$0.94 |
$180.93 |
Electronic signature if registrant fails identity-proofing requirements |
377 |
42 |
0.00 |
0.00 |
0.08 |
0.00 |
$0.00 |
$0.00 |
$26.46 |
31 |
$18.81 |
$790.15 |
Subtotal |
377 |
|
0.00 |
0.00 |
varies |
0.00 |
0.00 |
0.00 |
varies |
95 |
varies |
$2,462.36 |
|
|
|
|
|
|
|
|
|
|
|
|
|
CDX Registration Costs (importers)* |
|
|
|
|
|
|
|
|
|
|
|
|
New Registrations |
56 |
27 |
0.00 |
0.00 |
0.15 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
8 |
$6.06 |
$163.52 |
Update Information |
56 |
54 |
0.00 |
0.00 |
0.02 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
1 |
$0.81 |
$43.60 |
Electronic signature if registrant fails identity-proofing requirements |
56 |
6 |
0.00 |
0.00 |
0.08 |
0.00 |
$0.00 |
$0.00 |
$3.78 |
5 |
$5.19 |
$31.11 |
Subtotal |
56 |
|
0.00 |
0.00 |
varies |
0.00 |
$0.00 |
$0.00 |
varies |
14 |
varies |
$238.24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Renotification Costs (exporter and importers) |
|
|
|
|
|
|
|
|
|
|
|
|
Collect specific changes to export information |
452 |
1 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.55 |
$0.00 |
226 |
$42.42 |
$19,173.84 |
Prepare and submit notification to EPA |
452 |
1 |
0.00 |
0.10 |
0.01 |
0.50 |
$1.48 |
$0.00 |
$0.43 |
274 |
$29.33 |
$13,256.71 |
Maintain copy of renotification* |
452 |
1 |
0.00 |
0.00 |
0.00 |
0.07 |
$0.00 |
$0.00 |
$0.00 |
33 |
$2.28 |
$1,029.61 |
Subtotal |
452 |
|
0.00 |
0.10 |
0.51 |
0.57 |
1.48 |
0.55 |
0.43 |
533 |
$74.03 |
$33,460.17 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Additional Reporting Costs |
|
|
|
|
|
|
|
|
|
|
|
|
Gather and provide additional information |
2 |
1 |
0.00 |
0.00 |
0.50 |
0.50 |
$1.48 |
$0.55 |
$0.00 |
2 |
$59.47 |
$118.94 |
Subtotal |
2 |
1 |
0.00 |
0.00 |
0.50 |
0.50 |
2.96 |
1.10 |
0.00 |
2 |
$59.47 |
$118.94 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Annual Report Requirements Costs |
|
|
|
|
|
|
|
|
|
|
|
|
Research specific export information (LQGs) |
344 |
1 |
0.00 |
0.00 |
1.00 |
1.00 |
$0.00 |
$0.55 |
$0.00 |
688 |
$115.43 |
$39,707.92 |
Prepare and submit report (LQGs) |
344 |
1 |
0.00 |
0.10 |
1.01 |
0.30 |
$1.48 |
$0.00 |
$0.00 |
484 |
$106.60 |
$36,669.04 |
Research specific export information (SQGs) |
51 |
1 |
0.00 |
0.00 |
0.50 |
0.50 |
$0.00 |
$0.55 |
$0.00 |
51 |
$57.99 |
$2,957.49 |
Prepare and submit report (SQGs) |
51 |
1 |
0.00 |
0.10 |
0.51 |
0.50 |
$1.48 |
$0.00 |
$0.00 |
57 |
$70.95 |
$3,618.66 |
Subtotal |
Varies |
|
0.00 |
varies |
varies |
varies |
varies |
varies |
0.00 |
1,280 |
varies |
$82,953.10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Confirmation of Recovery Costs* |
|
|
|
|
|
|
|
|
|
|
|
|
Receive and maintain confirmation of recovery provided by the recovery facility |
369 |
130 |
0.00 |
0.00 |
0.00 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
37 |
$3.11 |
$1,149.07 |
Subtotal |
369 |
|
0.00 |
0.00 |
0.00 |
0.10 |
0.00 |
0.00 |
0.00 |
37 |
3.11 |
1,149.07 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Contract Costs (importers and exporters)* |
|
|
|
|
|
|
|
|
|
|
|
|
Write Contract |
2 |
3 |
26.00 |
10.40 |
0.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
73 |
$4,567.84 |
$9,135.67 |
Update Contract |
4 |
3 |
13.00 |
10.40 |
0.00 |
0.00 |
$0.00 |
$0.00 |
$0.00 |
94 |
$2,873.55 |
$11,494.18 |
Maintain Copy of Contract |
452 |
3 |
0.00 |
0.00 |
0.00 |
0.26 |
$0.00 |
$0.00 |
$0.00 |
118 |
$8.10 |
$3,659.57 |
Subtotal |
varies |
|
0.00 |
varies |
varies |
varies |
0.00 |
0.00 |
0.00 |
284 |
varies |
$24,289.43 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Recordkeeping Requirement Costs |
|
|
|
|
|
|
|
|
|
|
|
|
File and maintain notification and reports listed above |
452 |
1 |
0.00 |
0.00 |
0.00 |
0.25 |
$0.00 |
$0.00 |
$0.00 |
113 |
$7.79 |
$3,518.82 |
Maintain Copy of Acknowledgement of Consent (importers and exporters)* |
452 |
118 |
0.00 |
0.00 |
0.00 |
11.81 |
$0.00 |
$0.00 |
$0.00 |
5,337 |
$367.67 |
$166,187.95 |
Subtotal |
452 |
|
0.00 |
0.00 |
0.00 |
varies |
0.00 |
0.00 |
0.00 |
113 |
varies |
$3,518.82 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Exception Report Costs* |
|
|
|
|
|
|
|
|
|
|
|
|
Prepare and submit exception report |
452 |
0.04 |
0.00 |
0.50 |
0.50 |
0.10 |
$0.00 |
$0.00 |
$0.00 |
497 |
$101.71 |
$2,034.20 |
Maintain copy of exception report |
452 |
0.04 |
0.00 |
0.00 |
0.00 |
0.20 |
$0.00 |
$0.00 |
$0.10 |
90 |
$6.33 |
$126.56 |
Subtotal |
|
Varies |
0.00 |
0.00 |
varies |
0.00 |
0.00 |
0.00 |
varies |
588 |
108.04 |
$2,160.76 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Laboratory Exemption Costs (exporters)* |
|
|
|
|
|
|
|
|
|
|
|
|
Complete and sign movement/tracking document |
369 |
0.01 |
0.00 |
0.00 |
0.003 |
0.003 |
$0.00 |
$0.00 |
$0.00 |
2 |
$0.31 |
$114.88 |
Receive and maintain confirmation of recovery provided by the recovery facility |
369 |
0.01 |
0.00 |
0.00 |
0.000 |
0.001 |
$0.00 |
$0.00 |
$0.00 |
0 |
$0.02 |
$6.23 |
Subtotal |
369 |
2 |
0.00 |
0.00 |
varies |
0.00 |
0.00 |
0.00 |
0.00 |
2 |
0.33 |
$121.11 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Laboratory Exemption Costs (importers)* |
|
|
|
|
|
|
|
|
|
|
|
|
Sign movement/tracking document and provide a copy to the exporter, EPA, and competent authorities of the country of export |
59 |
0.03 |
0.00 |
0.00 |
0.017 |
0.017 |
$0.00 |
$0.00 |
$0.00 |
2 |
$1.95 |
$114.88 |
Maintain a copy of the signed movement/tracking document |
59 |
0.03 |
0.00 |
0.00 |
0.000 |
0.003 |
$0.00 |
$0.00 |
$0.00 |
0 |
$0.11 |
$6.23 |
Send a confirmation of recovery to the exporter, EPA, and competent authorities of the country of export |
59 |
0.03 |
0.00 |
0.00 |
0.007 |
0.008 |
$1.48 |
$0.00 |
$0.00 |
1 |
$2.31 |
$136.39 |
Subtotal |
369 |
2 |
0.00 |
0.00 |
varies |
0.00 |
0.00 |
0.00 |
0.00 |
2 |
2.05 |
$257.49 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Movement Document Costs |
|
|
|
|
|
|
|
|
|
|
|
|
Complete movement document |
395 |
126.00 |
0.00 |
0.00 |
62.999 |
62.999 |
$0.00 |
$0.00 |
$0.00 |
49,769 |
$7,237.29 |
$2,858,731.36 |
Maintain a signed copy of the movement document |
395 |
126.00 |
0.00 |
0.00 |
0.000 |
12.600 |
$0.00 |
$0.00 |
$12.60 |
4,977 |
$404.96 |
$159,957.57 |
Subtotal |
395 |
2 |
0.00 |
0.00 |
varies |
0.00 |
0.00 |
0.00 |
0.00 |
54,746 |
7,642.25 |
$3,018,688.93 |
Subtotal Costs for Export-Import Requirements Consolidated for ICR OMB Control No. 2050-0214 |
|
|
|
|
|
|
|
|
|
|
|
$361,513.15 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
varies |
varies |
varies |
varies |
varies |
varies |
varies |
varies |
varies |
59,392 |
varies |
$3,278,315.60 |
*Indicates a requirement that has been consolidated into this ICR from EPA ICR Number 2519.02, OMB Control No. 2050-0214 “Hazardous Waste Export-Import Revisions Rule” |
||||||||||||
Exhibit 9 -SUMMARY OF ANNUAL AND THREE-YEAR RESPONDENT BURDEN AND COST* |
|||||
|
|
|
|
|
|
GENERATOR ACTIVITY |
TOTAL HOURLY BURDEN |
TOTAL ANNUAL LABOR COST |
CAPITAL COSTS |
O&M COSTS |
TOTAL COSTS |
|
|||||
READ REGULATIONS (LQGs + SQGs) |
63,209 |
$6,383,906 |
$0 |
$0 |
$6,383,906 |
LQGs PRE-TRANSPORT |
86,185 |
$6,123,666 |
$0 |
$7,582 |
$6,131,248 |
LQGs AIR EMISSION STANDARDS |
166,267 |
$12,873,544 |
$0 |
$1,912 |
$12,875,457 |
SQGs PRE-TRANSPORT |
119,425 |
$0 |
$0 |
$0 |
$0 |
RECORDKEEPING AND REPORTING |
983 |
$85,046 |
$0 |
$3,644 |
$88,690 |
IMPORTER-EXPORTER REQUIREMENTS |
59,392 |
3,278,316 |
$0 |
$7,202 |
$3,285,518 |
VSQG FLEXIBILITIES |
31,528 |
$2,559,593 |
$0 |
$16,302 |
$2,575,895 |
ANNUAL CAPITAL COSTS |
----- |
----- |
$26,703 |
----- |
$26,703 |
TOTAL ONE YEAR CONSOLIDATD FROM ICR OMB Control No. 2050-0213 |
67,474 |
$4,934,347 |
$16,302 |
$19,847 |
$4,970,496 |
TOTAL ONE YEAR CONSOLIDATED FROM ICR OMB Control No. 2050-0214 |
11,488 |
$355,965 |
----- |
$5,548 |
$361,513 |
TOTAL ONE YEAR UPDATED FROM EXISTING ICR |
448,027 |
$26,013,760 |
$10,401 |
$11,247 |
$26,035,408 |
TOTAL ONE YEAR |
526,989 |
$31,304,072 |
$26,703 |
$36,642 |
$31,367,417 |
TOTAL THREE YEAR CONSOLIDATD FROM ICR OMB Control No. 2050-0213 |
202,422 |
$14,803,041 |
$48,906 |
$59,541 |
$14,911,488 |
TOTAL THREE YEAR CONSOLIDATED FROM ICR OMB Control No. 2050-0214 |
34,464 |
$1,067,895 |
----- |
$16,644 |
$1,084,539 |
TOTAL THREE YEAR UPDATED FROM EXISTING ICR |
1,344,081 |
$78,041,280 |
$31,203 |
$33,741 |
$78,106,244 |
TOTAL THREE-YEAR |
1,580,967 |
$93,912,216 |
$80,109 |
$109,926 |
$94,102,250 |
EXHIBIT 10: |
|
|
|
|
|
|
|
|
|
|
ESTIMATED ANNUAL AGENCY BURDEN AND COSTS |
|
|
|
|
|
|
|
|
|
|
|
Number of |
|
|
|
|
O&M Costs/Respondent |
|
Cost per |
|
|
|
Respondents/ |
Hours per Respondent |
Postage/ |
Photocopies |
Total Hours |
Respondent/ |
Total Cost |
|||
|
Shipments |
Legal |
Managerial |
Technical |
Clerical |
Shipping |
|
per Year |
Shipment |
per Year |
|
|
@ $100.09/hr |
@ $93.02/hr |
@ $79.82/hr |
@ $30.78/hr |
@ $1.48/doc |
@ $0.11/page |
|
|
|
Estimated Annual Agency Burden and Costs |
|
|
|
|
|
|
|
|
|
|
Pre-Transport Requirements (for both Large and Small Quantity Generators) |
|
|
|
|
|
|
|
|
|
|
Review documents in generator/emergency coordinator reports |
427 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
214 |
$39.91 |
$17,042 |
Review submitted release report information |
53 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
27 |
$39.91 |
$2,115 |
Enter information into database tracking all releases |
53 |
0.00 |
0.00 |
0.50 |
0.50 |
$0.00 |
$0.00 |
53 |
$55.30 |
$2,931 |
Transmit information to respective response authorities |
53 |
0.00 |
0.00 |
0.25 |
0.25 |
$0.00 |
$0.00 |
27 |
$27.65 |
$1,465 |
Review information on equivalent containment devices |
22 |
0.00 |
0.00 |
10.00 |
0.00 |
$0.00 |
$0.00 |
220 |
$798.20 |
$17,560 |
Evaluate information for 24-hour waste removal exemption |
10 |
0.00 |
0.00 |
6.00 |
0.00 |
$0.00 |
$0.00 |
60 |
$478.92 |
$4,789 |
Evaluate information for secondary containment variance |
53 |
0.00 |
0.00 |
6.00 |
0.00 |
$0.00 |
$0.00 |
318 |
$478.92 |
$25,383 |
Review annual leak tests and inspections |
0 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
0 |
$79.82 |
$0 |
Review release notification reports |
53 |
0.00 |
0.00 |
4.00 |
0.00 |
$0.00 |
$0.00 |
212 |
$319.28 |
$16,922 |
Review major repair certifications |
53 |
0.00 |
0.00 |
8.00 |
0.00 |
$0.00 |
$0.00 |
424 |
$638.56 |
$33,844 |
Review requests for accumulation period extensions |
274 |
0.00 |
0.00 |
3.00 |
0.00 |
$0.00 |
$0.00 |
822 |
$239.46 |
$65,612 |
Review and evaluate drawings and certifications of drip pads |
0 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
0 |
$159.64 |
$0 |
Evaluate notices of releases from drip pads |
2 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
4 |
$159.64 |
$319 |
Review repairs conducted to drip pads and independent |
|
|
|
|
|
|
|
|
|
|
Certifications |
2 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
8 |
$79.82 |
$160 |
Review and evaluate notifications of releases of hazardous |
|
|
|
|
|
|
|
|
|
|
waste from containment buildings |
6 |
0.00 |
0.00 |
3.00 |
0.00 |
$0.00 |
$0.00 |
18 |
$239.46 |
$1,437 |
Review notices of repairs to containment buildings |
6 |
0.00 |
0.00 |
2.00 |
0.00 |
$0.00 |
$0.00 |
12 |
$159.64 |
$958 |
Subtotal |
varies |
0.00 |
0.00 |
varies |
varies |
varies |
varies |
2,418 |
------------- |
$190,536 |
Closure |
|
|
|
|
|
|
|
|
|
|
Review and maintain records of closure notification |
477 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
119 |
$19.95 |
$9,519 |
Subtotal |
varies |
0.00 |
0.00 |
1.00 |
varies |
varies |
varies |
119 |
--------- |
$9,519 |
Episodic Generation |
|
|
|
|
|
|
|
|
|
|
Review submitted notification |
2,485 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
2,485 |
$79.82 |
$198,352 |
Review letter requesting EPA ID number and enter information into a database |
1,707 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
1,707 |
$79.82 |
$136,252 |
Generate EPA ID number and send to facility |
1,707 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
1,707 |
$79.82 |
$136,252 |
Subtotal |
varies |
0.00 |
0.00 |
1.00 |
varies |
varies |
varies |
5,899 |
--------- |
$470,857 |
Air Emission Standards Requirements (40 CFR Subparts AA and BB) |
|
|
|
|
|
|
|
|
|
|
Review notice to implement alternative valve standard in (265.1061)(a) |
1,195 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
1,195 |
$79.82 |
$95,385 |
Review notice to discontinue alternative valve standard in (265.1061)(a) |
13 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
13 |
$79.82 |
$1,038 |
Review notice to implement alternative valve standard (265.1061)(b)(2) and (265.1062)(b)(3) |
84 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
84 |
$79.82 |
$6,705 |
Subtotal |
varies |
0.00 |
0.00 |
1.00 |
varies |
varies |
varies |
1,292 |
--------- |
$103,127 |
Recordkeeping and Reporting Requirements |
|
|
|
|
|
|
|
|
|
|
Review submitted information |
84 |
0.00 |
0.00 |
0.50 |
0.00 |
$0.00 |
$0.00 |
42 |
$39.91 |
$3,352 |
Enter information into database |
84 |
0.00 |
0.00 |
0.50 |
0.50 |
$0.00 |
$0.00 |
84 |
$55.30 |
$4,645 |
Subtotal |
varies |
0.00 |
0.00 |
0.50 |
varies |
varies |
varies |
126 |
--------- |
$7,998 |
International Trade Requirements |
|
|
|
|
|
|
|
|
|
|
Review submitted information |
403 |
0.00 |
0.00 |
1.00 |
0.00 |
$0.00 |
$0.00 |
403 |
$79.82 |
$32,167 |
Submit, in conjunction with Department of State, |
|
|
|
|
|
|
|
|
|
|
notification to receiving country and any transit countries |
403 |
0.00 |
0.00 |
0.00 |
0.16 |
$4.50 |
$0.55 |
64 |
$9.97 |
$4,020 |
Forward to primary exporter acknowledgement of consent or |
|
|
|
|
|
|
|
|
|
|
written notification of objection |
403 |
0.00 |
0.00 |
0.00 |
0.16 |
$4.50 |
$0.55 |
64 |
$9.97 |
$4,020 |
Review annual reports 262.56(a) |
403 |
0.00 |
0.00 |
0.25 |
0.00 |
$0.00 |
$0.00 |
101 |
$19.95 |
$8,042 |
Forward to receiving government additional information |
3 |
0.00 |
0.00 |
0.00 |
0.16 |
$4.50 |
$0.55 |
0 |
$9.97 |
$30 |
Receive and Record Acknowledgement of Receipt from Importing country |
403 |
0.00 |
0.25 |
0.00 |
0.10 |
$0.00 |
$0.00 |
141 |
$26.33 |
$10,612 |
Receive and record Tracking Document from Importing country |
403 |
0.00 |
0.25 |
0.00 |
0.10 |
$0.00 |
$0.00 |
141 |
$26.33 |
$10,612 |
Transmit Acknowledgement of Receipt to foreign exporters and competent authority |
61 |
0.00 |
0.25 |
0.00 |
0.10 |
$4.50 |
$0.00 |
21 |
$30.83 |
$1,881 |
Receive and record Tracking Document from Importing facility |
61 |
0.00 |
0.25 |
0.00 |
0.10 |
$0.00 |
$0.00 |
21 |
$26.33 |
$1,606 |
Subtotal |
varies |
0.00 |
0.00 |
varies |
varies |
varies |
varies |
774 |
----------- |
$72,990 |
O&M Total |
|
|
|
|
|
|
|
|
|
$4,085 |
Total |
varies |
varies |
varies |
varies |
varies |
varies |
varies |
10,628 |
---------- |
$855,027 |
1 Copies of agreements and more information on the international waste agreements are available at https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-hazardous-waste.
2 NAICS codes can be found in the Federal Register at 61 FR 57006, November 5, 1996.
3 EPA estimates that large firms will have 6 employees and small firms will have 3 employees register to use the EPA’s electronic receiving system. The estimates of 4.7 and 5 users per entity are based on the distribution of large and small firms among potentially affected importers and exporters based on data collected from Dun & Bradstreet (D&B).
4 EPA cost estimates for the development and operation & maintenance of the electronic system are from the spreadsheet “Cost estimates March 11 2016” provided by Joseph Krahe of EPA’s Office of Resource Conservation and Recovery on March 16, 2016. This information is attached as Appendix B of the associated EA.
5 Based on an OMB-approved discount rate of seven percent (OMB Circular A-94) and a required three-year retention period for generator records.
6 For more information on the proposed 2015 Pharmaceuticals rule RIA, please see docket number EPA-HQ-RCRA-2007-0932-0151
7 U.S. EPA, National Biennial RCRA Hazardous Waste Report (based on 2015 BR flat files). Documents and data are available at ftp://ftp.epa.gov/rcrainfodata/biennial_report/br_2015/, accessed March 2017.
8 There were no VSQG or CESQG universe/respondent estimates in any of the previous base generator ICRs, therefore, the universe/respondent figures were taken directly from the Generator Rule ICR without being converted. The number of affected facilities is based on the number of facilities in states with landfill bans, plus the 10 percent of VSGs in other states that manage hazardous waste at a TSDF. This 10 percent estimate is based on the professional judgment of Jim O'Leary of EPA’s Office of Resource Conservation and Recovery, December 5, 2013, from input provided to EPA by regulated facilities. The percentage of facilities that are part of larger organizations that could take advantage of this provision is based on analysis of facility-level data provided by Florida, Maine, Massachusetts, New Hampshire, Oregon, and Wisconsin.
9 EPA estimates that there are approximately 390 facilities that accumulate hazardous waste on drip pads (wood treatment facilities). This figure is based on an estimated range of 375 to 400 facilities provided by Jeff Miller of the Treated Wood Council on May 9, 2016. Based on NAICS code information in the 2013 BR database, EPA estimates that 95 of these are LQGs and the remaining 295 are SQGs.”
10 The number of affected facilities is based on the number of facilities in states with landfill bans, plus the 10 percent of VSGs in other states that manage hazardous waste at a TSDF. This 10 percent estimate is based on the professional judgment of Jim O'Leary of EPA’s Office of Resource Conservation and Recovery, December 5, 2013, from input provided to EPA by regulated facilities. The percentage of facilities that are part of larger organizations that could take advantage of this provision is based on analysis of facility-level data provided by Florida, Maine, Massachusetts, New Hampshire, Oregon, and Wisconsin.
11 Numbers from EPA’s International Compliance Assurance Division, provided by Phuc Phan of EPA’s Office of Resource Conservation and Recovery, June 5, 2014. Includes re-notifications under 40 CFR Subparts E and H.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | EPA |
| File Modified | 0000-00-00 |
| File Created | 2021-01-20 |