1688ss10
1688ss10.docx
RCRA Expanded Public Participation (Renewal)
OMB: 2050-0149
SUPPORTING STATEMENT FOR
OMB CONTROL NO. 2050-0149
“RCRA EXPANDED PUBLIC PARTICIPATION”
TABLE OF CONTENTS
1. IDENTIFICATION OF THE INFORMATION COLLECTION 4
1(a) Title of the Information Collection 4
1(b) Short Characterization 4
2. NEED FOR AND USE OF THE COLLECTION 5
2(a) Need/Authority for the Collection 5
2(b) Practical Utility/Users of the Data 5
3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 5
3(a) Nonduplication 5
3(b) Public Notice 6
3(c) Consultations 6
3(d) Effects of Less Frequent Collection 6
3(e) General Guidelines 6
3(f) Confidentiality 6
3(g) Sensitive Questions 6
4. THE RESPONDENTS AND THE INFORMATION REQUESTED 7
4(a) Respondents/NAICS Codes 7
4(b) Information Requested 8
5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 10
5(a) Agency Activities 11
5(b) Collection Methodology and Management 11
5(c) Small Entity Flexibility 11
5(d) Collection Schedule 12
6. ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION 12
6(a) Estimating Respondent Hours 12
6(b) Estimating Respondent Costs 12
Labor Costs 12
Capital/Start-Up Costs 13
6(c) Estimating Agency Hour and Cost Burden 14
6(d) Estimating the Respondent Universe and Total Hour and Cost Burden 16
6(e) Bottom Line Hour and Cost Burden 17
6(f) Reasons for Change in Burden 21
6(g) Burden Statement 17
1(a) Title of the Information Collection
This Information Collection Request (ICR) is entitled “RCRA Expanded Public Participation (Renewal),” EPA ICR number 1688.10, OMB Control No. 2050-0149.
The Resource Conservation and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires EPA to establish a national regulatory program to ensure that hazardous wastes are managed in a manner protective of human health and the environment. EPA has a statutory obligation, under Section 7004(b) of RCRA, to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under the Act. The regulations implementing these requirements are codified at 40 CFR Parts 124 and 270.
EPA promulgated requirements for providing additional opportunities for the public to be involved in the RCRA permitting process at 40 CFR 124.31 through 124.33 and at 40 CFR 270.62 and 270.66. The Part 124 requirements apply to all types of hazardous waste treatment, storage, and disposal facilities, unless exempted under a specific section; the Part 270 requirements apply only to hazardous waste combustors planning trial burns.
In summary, the expanded public participation regulations require:
A permit applicant to provide notice of and hold an informal meeting with the public before submitting a Part B application, and to submit a summary of the meeting to the agency (§124.31);
The Agency to issue a public notice when it receives an application (§124.32);
Certain facilities (as decided by the Agency Director on a case-by-case basis) to set up and maintain an information repository (§124.33); and
The Agency to issue a public notice of an upcoming trial burn at a permitted hazardous waste combustion facility (§§ 270.62(b)(6) and 270.66(d)(3)), or at a hazardous waste combustion facility operating under interim status (§§ 270.62(d) and 270.66(g)).
EPA believes that these regulations encourage people to become involved in the permitting process and increase understanding of hazardous waste facilities.
2(a) Need/Authority for the Collection
Section 7004(b) of RCRA gives EPA broad authority to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under RCRA. In addition, the statute specifies certain public notices (i.e., radio, newspaper, and a letter to relevant agencies) that EPA must provide before issuing any RCRA permit. The statute also establishes a process by which the public can dispute a permit and request a public hearing to discuss it. EPA carries out much of its RCRA public involvement at 40 CFR Parts 124 and 270.
In 1995, EPA expanded the public participation requirements under the RCRA program by promulgating the RCRA Expanded Public Participation Rule (60 FR 63417; December 11, 1995). The rule responded to calls by the Administration and stakeholders (e.g., States and private citizens) to provide earlier and better public participation in EPA’s permitting programs, including procedures for more timely information sharing. In particular, the rule required earlier public involvement in the permitting process (e.g., pre‑application meetings), expanded public notice for significant events (e.g., notices of upcoming trial burns), and more opportunities for the exchange of permitting information (e.g., information repository).
In May of 2003, EPA finalized the Public Involvement Policy. The policy updates an earlier policy issued in 1981. Among other things, the policy calls for a strengthened commitment to meaningful public involvement, greater attention to the specific concerns and interests of affected people and entities, and use of a wider variety of public involvement techniques. In this regard, the RCRA Expanded Public Participation Rule can serve as an example to the EPA programs of how to achieve many of the goals of the policy.
2(b) Practical Utility/Users of the Data
The required activities and information are needed to help assure timely and effective public participation in the permitting process. The requirements are intended to provide equal access to information to all stakeholders in the permitting process: the permitting agency, the permit applicant, and the community where a facility is located. Some facilities may be required to develop information repositories to allow for expanded public participation and access to detailed facility information as part of the permitting process.
The information collections covered in this ICR are not available from sources other than the respondents. EPA’s Office of Solid Waste is the only office within the Agency collecting this information, and no other Federal agency or department collects this information.
In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on October 12, 2021. EPA announced in the Federal Register (86 FR 56704) that it intended to this ICR. The comment period ended on December 13, 2021. The Agency received no comments.
3(c) Consultations
The following industries were consulted on the the burden estimates: Safety Clean, US Ecology, and Envirite. No changes were made to the burden estimates as a result of these consultations; however there was discussion of the arcane methods required to advertise for a public meeting, such as notice being via an ad in the local newspaper. Whether or not the public meeting is in person or virtual, the method for advertising has not changed. EPA is currently drafting revised regulations that will revise these requirements to include the internet and other modern methods for advertising.
3(d) Effects of Less Frequent Collection
EPA sought to reduce the reporting frequency to the minimum that is necessary to ensure compliance with the rule. It would not be possible to collect this information less frequently and still assure that the requirements of permit and public involvement regulations are met by owners or operators. The reporting frequency is essential to assure that any changes in the trial burn plans or in the anticipated permit application contents are made known to EPA and to the public.
This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB’s implementing regulations, EPA’s Information Collection Review Handbook, and other applicable OMB guidance.
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. If the Agency receives any confidential information, it will manage that information according to the protocols established by the Agency, as appropriate.
No questions of a sensitive nature are included in any of the information collection requirements.
The following is a list of North American Industrial Classification System (NAICS) codes associated with the facilities most likely to be affected by the expanded public participation requirements analyzed under this ICR:
22132 Sewage Treatment Facilities
32411 Petroleum Refineries
32511 Petrochemical Manufacturing
32512 Industrial Gas Manufacturing
32551 Paint and Coating Manufacturing
33271 Machine Shops
33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing
33634 Motor Vehicle Brake System Manufacturing
33635 Motor Vehicle Transmission and Power Train Parts Manufacturing
42271 Petroleum Bulk Stations and Terminals
44111 New Car Dealers
44711 Gasoline Stations with Convenience Store
44719 Other Gasoline Stations
48411 General Freight Trucking, Local
48421 Used Household and Office Goods Moving
48422 Specialized Freight (except Used Goods) Trucking, Local
56292 Materials Recovery Facilities
221111 Hydroelectric Power Generation
221112 Fossil Fuel Electric Power Generation
221113 Nuclear Electric Power Generation
221119 Other Electric Power Generation
221121 Electric Bulk Power Transmission and Control
221122 Electric Power Distribution
311942 Spice and Extract Manufacturing
323110 Commercial Lithographic Printing
323114 Quick Printing
325131 Inorganic Dye and Pigment Manufacturing
325188 All Other Basic Inorganic Chemical Manufacturing
325193 Ethyl Alcohol Manufacturing
325199 All Other Basic Organic Chemical Manufacturing
325211 Plastics Material and Resin Manufacturing
325998 All Other Miscellaneous Chemical Product Manufacturing
331311 Alumina Refining
332813 Electroplating, Plating, Polishing, Anodizing, and Coloring
332999 Other Miscellaneous Fabricated Metal Product Manufacturing
333319 Other Commercial and Service Industry Machinery Manufacturing
333999 All Other General Purpose Machinery Manufacturing
334418 Printed Circuit/Electronics Assembly Manufacturing
334419 Other Electronic Component Manufacturing
336211 Motor Vehicle Body Manufacturing
336312 Gasoline Engine and Engine Parts Manufacturing
336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing
336399 All Other Motor Vehicle Part Manufacturing
454311 Heating Oil Dealers
454312 Liquefied Petroleum Gas (Bottled Gas) Dealers
562111 Solid Waste Collection
562112 Hazardous Waste Collection
562119 Other Waste Collection
562211 Hazardous Waste Treatment and Disposal
562212 Solid Waste Landfills
562213 Solid Waste Combustors and Incinerators
562219 Other Nonhazardous Waste Treatment and Disposal
811111 General Automotive Repair
Pre-application Public Meeting and Notice
Under 40 CFR 124.31(a) and (b), facilities applying for an initial Part B permit or a Part B permit renewal, where the renewal application is proposing a change that would qualify as a Class 3 permit modification under 40 CFR 270.42, are required to hold at least one meeting with the public prior to submitting the Part B permit application to the permitting agency. The applicant must submit a summary of the meeting, along with the list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, to the permitting agency as part of the Part B application (§124.31(c)). Under 40 CFR 124.31(d), applicants must provide public notice (i.e., newspaper advertisement, visible and accessible sign, and broadcast media announcement) of the pre-application meeting at least 30 days prior to the meeting. The applicant also must provide a copy of the notice to the permitting agency and to the appropriate units of State and local government. (Note: In regard to 40 CFR 124.31(c), this ICR addresses the respondent activities associated with collecting the required information. Submittal of this information to the permitting agency is addressed in Supporting Statement for EPA Information Collection Request Number 1573, “Part B Permit Application, Permit Modifications, And Special Permits.”)
(i) Data Items:
A public notice that includes:
-- The date, time, and location of the meeting;
-- A brief description of the purpose of the meeting;
-- A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
-- A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
-- The name, address, and telephone number of a contact person for the applicant.
Information to be submitted to the permitting agency as part of the Part B permit application:
-- Copy of newspaper notice announcing the pre-application meeting;
-- A summary of a pre-application meeting with the public;
-- A list of attendees and their addresses; and
-- Copies of any written comments or materials distributed at the meeting.
(ii) Respondent Activities:
To comply with the requirements in Section 124.31, applicants must perform the following activities:
Read the regulations;
Prepare notice of pre-application meeting;
Prepare a multilingual notice of pre-application meeting, if appropriate;
Provide for publication/posting/broadcasting of notice;
Provide copy of pre-application meeting notice to the permitting agency and appropriate units of State and local government;
Retain documentation of the notice;
Prepare for and conduct the meeting;
Prepare a meeting summary; and
Copy the list of attendees with their addresses.
Information Repository
Under 40 CFR 124.33, the Agency Director has the authority to require certain applicants/facilities to establish and maintain an information repository. Applicants/facilities instructed by the Agency Director to establish an information repository must, at a minimum, provide a written notice about the information repository to all individuals on the facility mailing list. The Agency Director will determine the information to be placed in the information repository.
Data Items:
Written notice about the information repository; andInformation in the repository, e.g.:
-- A summary of the pre-application public meeting;
-- A copy of the Part B permit application; and
-- Any other information the Agency Director determines to be relevant to public understanding of permitting activities at the facility.
(ii) Respondent Activities:
To comply with the requirements in section 124.33, applicants must conduct the following activities:
Read the regulations;
Arrange with a local building for space to establish the information repository;
Provide notice of the repository to individuals on the facility mailing list;
Provide a multilingual notice of the repository to individuals on the facility mailing list, if appropriate;
Establish the information repository; and
Maintain the information repository.
Notice at Application Submittal
40 CFR 124.32 requires the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), at the application submittal stage.
Information Repository
40 CFR 124.33 provides discretionary authority for the Agency to require, on a case-by-case basis, the owner or operator of a facility to set up an information repository, and to provide a notice to the facility mailing list about the repository. Section 124.33(d) requires the Agency Director to specify the contents of the repository and establish requirements for informing the public about the establishment of the repository (at a minimum, the Agency Director will require the facility to provide written notice to the facility mailing list).
Trial Burn Notice
40 CFR 270.62(b)(6), 270.62(d), 270.66(d)(3), and 270.66(g) require the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), of an impending trial burn at a permitted hazardous waste combustion facility, or at a hazardous waste combustion facility operating under interim status.
5(b) Collection Methodology and Management
In collecting and analyzing the information required by the expanded public participation activities, EPA uses equipment such as personal computers and applicable data base software, when appropriate. The public will receive information through newspaper announcements and other media, and, in some cases, will have access to additional data through an information repository as specified by the Agency under 40 CFR 124.33.
In developing the regulations for expanding public involvement in the RCRA permitting process, EPA was sensitive to the needs and concerns of small businesses. Therefore, the regulations describe the minimum efforts necessary to fulfill the public involvement requirements. EPA avoided including narrow, prescriptive requirements in the final RCRA Expanded Public Participation Rule, in order to provide as much flexibility as possible—for the facility, the community, and the Agency—in implementing the requirements. Furthermore, EPA conducted a small entity impact screening analysis for the proposed rule and determined that there were no small entities significantly impacted (see 59 FR 28680; June 2, 1994). Because there were no substantive changes to the public participation requirements since the proposal, EPA determined that the requirements do not significantly impact small entities.
EPA’s intent in developing the requirements was to provide flexibility for a facility, in cooperation with local agencies or community groups, to determine the most effective communication mechanisms for a particular situation. EPA recognizes that, in some situations, an information repository could become resource-intensive for a facility or for the local community. EPA addressed this concern by providing discretion to the Director to determine whether to require a repository, rather than requiring it for all facilities.
Many of the requirements do not have specific schedules governing the submittal of the information. Requirements that have specific time frames associated with them are described below.
Pre-application Public Meeting and Notice
40 CFR 124.31(d) requires the applicant to provide public notice of the pre-application meeting at least 30 days before the meeting is scheduled.
Notice at Application Submittal
40 CFR 124.32(b)(2) requires the Agency Director to publish the notice “within a reasonable period of time after the application is received.”
Trial Burn Notice
40 CFR 270.62(b)(6)(i), 270.62(d), 270.66(d)(3)(i), and 270.66(g) require the Agency Director to provide notice to the mailing list and to appropriate units of State and local government “within a reasonable time period before the scheduled trial burn.”
6(a) Estimating Respondent Hours
EPA estimates respondent burden hours for the information collection requirements associated with the pre-application meeting and the information repository requirements in Exhibit 1. The burden estimates for each activity presented in Exhibit 1 include the burden hours (total and by labor type) per facility, as well as the overall burden hours associated with the given activities.
6(b) Estimating Respondent Costs
The hourly labor wage rates used to estimate costs to respondents were calculated as shown in Table 1. The unloaded average hourly wage rates were obtained from the U.S. Bureau of Labor Statistics (BLS) May 2020 National Occupational Employment and Wage Estimates1 and adjusted to 2021 dollars using Employment Cost Indices developed by BLS.2 The fringe benefits cost factor is based on Employer Costs for Worker Compensation data published by BLS.3 The overhead cost factor was obtained from the previously approved ICR.
Using the total burden hours discussed in Section 6(a) and the hourly wage rates outlined in this section, Exhibit 1 estimates the labor costs associated with the information collection requirements covered in this ICR.
Labor Costs
Derivation of Respondent Hourly Labor Wage Rates Used in this ICR
Labor |
Standard |
2020 Unloaded Average (Mean) Hourly Wage Rate |
2021 Adjustment Factor |
Fringe Benefits Cost Factor |
Overhead Cost Factor |
Loaded Average (Mean) Hourly Wage Rate |
A |
B |
C |
D |
E |
F |
G = [C x D x E x F] |
1. Legal |
23-1011 Lawyers |
$71.59 |
1.045 |
1.294 |
1.336 |
$129.33 |
2. Managerial |
11-1021 General & Operations Managers |
$60.45 |
1.045 |
1.294 |
1.336 |
$109.21 |
3. Technical |
17-2081 Environmental Engineers |
$46.58 |
1.045 |
1.294 |
1.336 |
$84.15 |
4. Clerical |
43-9061 Office Clerks, General |
$18.16 |
1.045 |
1.294 |
1.336 |
$32.81 |
Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. For this ICR, capital costs include the purchase of file cabinets for an information repository.
In complying with the requirements covered in this ICR, facilities may be required to maintain an information repository. The information repository will require file cabinet space to retain the information required. EPA took the following steps to estimate the cost of the file cabinets:
• Estimate the number of file cabinets per facility required for the information repository. Given that the standard-size, five-drawer, lateral file cabinet is expected to hold approximately 16,000 pages of material, EPA estimates that each facility would need to purchase only one file cabinet to retain copies of the applications and other required documentation within the time period of this ICR. The approximate cost of purchasing a file cabinet is estimated at $910.
• Calculate the annualized cost. EPA used the following formula to calculate the annual cost to facilities for acquiring the file cabinets:
Annualized Net Present Value = $910 x [1/(∑1/(1+k)t)]
where k = discount rate of 7 percent; and
t = life of permit (10 years).4
EPA estimates that each facility will pay an annual cost of $130 for its file cabinet. This capital cost is shown in Exhibit 3.
Operation and Maintenance Costs
Operation and maintenance (O&M) costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR. They are defined by the Paperwork Reduction Act of 1995 as “the recurring dollar amount of costs associated with O&M or purchasing services.” For this ICR, O&M costs include:
Newspaper advertisement: EPA estimates that a permit applicant will incur a cost of $30 for one inch of column space in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility.
Broadcast media announcement: EPA assumes that the radio broadcast will be a public service. Therefore, the applicant will incur no costs for the radio announcement.
Meeting materials: EPA estimates that a permit applicant will incur a cost of $30 for 100 copies of a three-piece handout (i.e., 300 pages @ $0.10/page).
Space rental: EPA assumes that a permit applicant will conduct the pre-application public meeting in a community center. Thus, the applicant will incur no space rental costs.
Mailing costs: EPA estimates that a permit applicant will incur a cost of $4.02 to mail the pre-application notice to the permitting agency and the appropriate units of State and local government (i.e., 6 government agencies @ $0.67/agency ($0.58 for stamp and $0.09 for envelope)). EPA also estimates a cost of $168 for mailing a written notice about the information repository to all individuals on the facility mailing list (i.e., 250 individuals on the facility mailing list @ $0.67/individual).
These O&M costs are shown in Exhibit 1.
6(c) Estimating Agency Hour and Cost Burden
EPA estimates the Agency hour and cost burden associated with all of the requirements covered in this ICR in Exhibit 2.
Describing Agency Activities
Notice at Application Submittal. To estimate the number of facilities for which the Agency will have to provide public notice at application submittal in each year covered by the ICR, EPA referred to RCRAInfo.5, 6 Based on RCRAInfo data, EPA estimated the average annual number of Part B permit applications to be received over a three year period for initial permits and permit renewals.7 By adding these two estimates, EPA ascertained the number of application submittals for which the Agency will have to provide public notice during the three-year period covered in the ICR. Based on RCRAInfo data, EPA estimates that 4 initial Part B permit applications, on average, will be received annually over a three year period and 44 permits, on average, will be renewed annually over a three year period.
Based on the above assumptions, EPA estimates that the Agency will have to provide public notice at application submittal for 44 facilities per year.
Information Repository. The Agency Director may require facilities to establish information repositories at any point during the permit application process, or during the life of the permit. EPA anticipates that information repositories will be required in a limited number of situations. Unlike the pre-application meeting requirements, facilities submitting post-closure permit applications or modification requests (e.g., a Class 3 modification to add a combustion unit or to begin burning dioxin) could also potentially be required to establish a repository.
EPA is assuming that 15 percent of the estimated 44 annual respondents subject to the pre-application meeting requirements (i.e., 0.15 x 44 = 7 facilities) will be required to set up a repository (see Section 6(d) for a description of the respondent universe estimate for the pre-application requirements).
Trial Burn Notice. In estimating the number of facilities for which the Agency will have to provide public notice of an upcoming trial burn, EPA again referred to RCRAInfo.8 RCRAInfo indicates that only one trial burn plan was approved over a three year period.9 For purposes of this ICR, EPA assumes that the same number will be approved annually over a three year period.
Estimating Agency Hour and Cost Burden
EPA estimates Agency burden hours for the information collection requirements associated with the application submittal notice, the information repository, and the trial burn notice requirements in Exhibit 2. The burden estimates for each activity presented in Exhibit 2 include the burden hours (total and by labor type) per respondent, as well as the overall burden hours associated with the given activities.
EPA estimates the Agency hour and cost burden associated with the information collection requirements covered in this ICR. EPA estimates an average hourly labor cost of $98.08 for legal staff, $86.54 for managerial staff, $62.27 for technical staff, and $26.56 for clerical staff. To derive these hourly estimates, EPA referred to the General Schedule (GS) Salary Table 2022. This publication summarizes the unloaded (base) hourly rate for various labor categories in the Federal Government. EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates.
For purposes of this ICR, EPA assigned staff the following government service levels:
Legal Staff GS‑15, Step 5
Managerial Staff GS‑15, Step 1
Technical Staff GS‑13, Step 1
Clerical Staff GS‑6, Step 1
To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work‑year. EPA then multiplied hourly rates by the standard government overhead factor of 1.6.
Capital/Start-Up Costs. The Agency is not expected to incur capital costs in conducting the activities covered in this ICR.
Operation and Maintenance Costs. For this ICR, O&M costs to the Agency include the costs associated with a public notice announcing that a Part B permit application has been received or that a trial burn will take place. For the announcement of receipt of a RCRA permit application, EPA estimates the total cost of each public notice to be $175.00. This cost includes the cost of a newspaper announcement and mailing costs for providing a written notice to all individuals on the facility mailing list. EPA assumes that the radio announcement will be a public service. Thus, the Agency will incur no cost for a radio announcement. For the announcement of a trial burn, EPA estimates the total O&M cost of each notice to be $145.00. These O&M costs are shown in Exhibit 2.
6(d) Estimating the Respondent Universe and Total Hour and Cost Burden
Pre-application Public Meeting and Notice
The pre-application meeting requirements apply to all facilities applying for an initial RCRA permit, and to already permitted facilities proposing a significant change in facility operations (i.e., changes equivalent to a Class 3 modification) at renewal. These requirements do not apply to other renewal applications (i.e., those that do not include significant changes), post-closure applications, or routine permit modification requests.
To estimate the number of initial RCRA permits, EPA referred to RCRAInfo. Based on RCRAInfo data, EPA estimates that 3 initial Part B permit applications, on average, will be received annually over a three year period.
To estimate the number of permit renewals involving a significant change in facility operations, EPA again relied on RCRAInfo. RCRAInfo indicates that 44 RCRA permits, on average, will be renewed annually over a three year period. EPA assumes that only ten percent (i.e., 44 x 0.10 = 4 permits) will involve significant changes to facility operations and thus be subject to the pre-application meeting requirements.
Based on the above assumptions, EPA estimates that 7 facilities (i.e., 3 + 4 = 7), on average, will be subject to the pre-application requirements each year.
Information Repository
EPA estimates that, each year, seven facilities will incur the costs associated with the information repository. (See Section 6(c) for a description of the universe estimate for the information repository requirements.)
6(e) Bottom Line Hour and Cost Burden
Respondent Tally
Exhibit 3 shows the aggregate annual hour and cost burden to respondents. As shown in the exhibit, EPA estimates the annual respondent burden to be 4,474 hours and $336,413, of which $331,550 is labor and $4,863 is capital and O&M cost.
Agency Tally
Exhibit 4 shows the aggregate annual hour and cost burden to the Agency. As shown in the exhibit, EPA estimates the annual Agency burden to be 370 hours, at a cost of $27,099.
6(f) Reasons for Change in Burden
There is an increase of 99 hours between this ICR and the current one. This slight increase is due to a slight increase in the respondent universe.
The annual public reporting burden for this collection of information is estimated to average 90 hours per response. The estimated recordkeeping burden for this collection of information is estimated to average 5 hours per response.
Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
To comment on EPA 's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OLEM-2018-0102 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-2018-0102 and OMB Control Number 2050-0149 in any correspondence.
1 U.S. Bureau of Labor Statistics, “May 2020 National Occupational Employment and Wage Estimates,” March 31, 2021.
2 U.S. Bureau of Labor Statistics, “Table 5. Employment Cost Index for total compensation, for private industry workers, by occupation and industry, continuous occupational and industry series (not seasonally adjusted);” Employment Cost Index, Historical Listing – Volume V, Continuous Occupational and Industry Series, September 1975-September 2021 (December 2005=100). Private Industry Workers, All Workers, June 2020=140.1 and September 2021=146.4.
3 U.S. Bureau of Labor Statistics, “Table 9. Private industry workers, by major occupational group: employer costs per hour worked for employee compensation and costs as a percentage of total compensation;” Employer Costs for Employee Compensation, Historical Listing, National Compensation Survey; March 2004 – June 2021; September 2021. All Workers, Total Compensation June 2021=36.64 and Total Benefits June 2021=10.76.
4 Based on an OMB-approved discount rate of seven percent (OMB Circular A-94) and an estimated life of 10 years for a permit.
5 RCRAInfo is EPA’s comprehensive information system on hazardous waste generation and management facilities. RCRAInfo characterizes facility status, regulated activities, and compliance histories and captures detailed data on the generation and management of hazardous waste.
6 EPA referred to the PEVENT table of the Permit, Closure and Post‑Closure Module in RCRAInfo to ascertain the permit data.
7 In ascertaining the number of new permit applications, EPA identified records with a permit event code of “OP020” (i.e., Part B Received). In ascertaining the number of permit renewals, EPA identified records with a permit event code of “OP270” (i.e., Permit Expires).
8 EPA referred to the PEVENT table of the Permit, Closure and Post‑Closure Module in RCRAInfo to ascertain the permit data.
9 In ascertaining the number of trial burns, EPA identified records with the following permit event codes: “MO070” (i.e., Operating Permit Modification, Trial Burn Plan Approved); “OP070” (i.e., Operating Permit, Trial Burn Plan Approved); and “RD070” (i.e., Research and Development, Trial Burn Plan Approved).
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