[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Notices]
[Pages 16444-16446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8254]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6318-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Information Collection Request Number 801.12: 
Requirements for Generators, Transporters, and Waste Management 
Facilities Under the RCRA Hazardous Waste Manifest System

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Requirements for Generators, 
Transporters, and Waste Management Facilities Under the RCRA Hazardous 
Waste Manifest system, ICR No. 801.12, OMB No. 2050-0039, expires 9/30/
99.
    Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before June 4, 1999.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-1999-RWMP-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA HQ), 401 M Street, SW., Washington, 
D.C. 20460. Comments may also be submitted electronically through the 
Internet to: [email protected]. Comments in electronic format 
should also be identified by the RCRA docket number F-1999-RWMP-FFFFF. 
All electronic comments must be submitted as a ASCII file avoiding the 
use of special characters and any form of encryption.
    Commenters should not submit electronically any confidential 
business information (CBI). An original and two copies of CBI must be 
submitted under a separate cover to: RCRA CBI Document Control Officer, 
Office of Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, 
DC 20460.
    Public comments and supporting materials are available for viewing 
in the RCRA Information Center (RIC), located at Crystal Gateway 1, 
First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is 
open from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding 
federal holidays. To review docket materials, it is recommended that 
the public make an appointment by calling 703-603-9230. The public may 
copy a maximum of 100 pages from any regulatory docket at no charge. 
Additional copies cost $.15/page. The index and some supporting 
materials are available electronically.
    The ICR is available on the Internet. Follow these instructions to 
access the information electronically:

WWW: http://www.epa.gov/epaoswer/hazwaste/gener/manifest/
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/epaoswer

    The official record for this action will be kept in paper form. 
Accordingly, EPA will transfer all comments received electronically 
into paper form and place them in the official record, which will also 
include all comments submitted directly in writing. EPA responses to 
comments, whether the comments are written or electronic, will be in a 
notice in the ``Federal Register.'' EPA will not immediately reply to 
commenters electronically other than to seek clarification of 
electronic comments that may be garbled in transmission or during 
conversion to paper form, as discussed above.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline 1-800-424-9346 or TDD 800-553-7672 (hearing impaired). In 
the Washington metropolitan area, call 703-412-9810 or TDD 703-412-
3323. For more detailed information on specific aspects of this 
rulemaking, contact Bryan Groce, Office of Solid Waste (5305W), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460, 703 308-8750, [email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those who generate, transport, or manage hazardous waste including 
those who store, treat, recycle, or dispose of hazardous waste.
    Title: Requirements for Generators, Transporters, and Waste 
Management Facilities Under the RCRA Hazardous Waste Manifest System, 
ICR No. 801, OMB No. 2050-0039, expiration date: 9/30/96.
    Abstract: The Resource Conservation and Recovery Act (RCRA), as 
amended, establishes a national program to assure that hazardous waste 
management practices are conducted in a manner that is protective of 
human health and the environment. EPA's authority to

[[Page 16445]]

require compliance with the manifest system stems primarily from RCRA 
section 3002(a)(5). This section mandates a hazardous waste manifest 
``system'' to assure that all hazardous waste generated is designated 
for and arrives at the appropriate treatment, storage, disposal 
facility. An essential part of this manifest system is the Uniform 
Hazardous Waste Manifest (Form 8700-22A). The manifest is a tracking 
document that accompanies the waste from its generation site to its 
final disposition. The manifest lists the wastes that are being shipped 
and the final destination of the waste.
    The manifest system is a self-enforcing mechanism that requires 
generators, transporters, and owner/operators of treatment, storage, 
and disposal facilities to participate in hazardous waste tracking. In 
addition the manifest provides information to transporters and waste 
management facility workers on the hazardous nature of the waste, 
identifies wastes so that they can be managed appropriately in the 
event of an accident, spill, or leak, and ensures that shipments of 
hazardous waste are managed properly and delivered to their designated 
facilities.
    This system does not ordinarily involve intervention on the part of 
EPA unless hazardous wastes do not reach their point of disposition 
within a specified time frame. In most cases, RCRA-authorized States 
operate the manifest system, and requirements may vary among authorized 
States.
    EPA believes manifest requirements and the resulting information 
collection mitigate potential hazards to human health and the 
environment by ensuring that hazardous waste is sent to and received by 
appropriate treatment, storage, and disposal facilities, by initiating 
appropriate response actions if a shipment does not reach its intended 
destination, and by providing necessary emergency response information 
in the event of an accident, spill, or leak during transportation.
    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.
    The EPA is soliciting comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Burden Statement

    The projected burden and cost for complying with manifest 
requirements are approximately 2,899,907 burden hours per year with an 
annual cost of $117,194,088.
    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.

Recordkeeping and Reporting Burden

Hazardous Waste Generators

    The total estimated annual recordkeeping and reporting burden for 
hazardous waste generators is 922,411 hours. The Agency estimates that 
there are 18,514 large quantity generators (LQGs), 82,873 small 
quantity generators (SQGs), and 1,983 treatment storage and disposal 
facilities (TSDFs) acting as generators who are subject to the federal 
requirements for preparing a manifest. Hazardous waste generators 
prepare approximately 1,795,865 manifests annually for federally 
regulated hazardous waste.
    The Agency believes that LQGs and SQGs take an average of 24 and 
22.8 minutes respectively, to complete each manifest, and they are 
estimated to take 1.25 hours to read the manifest regulations once a 
year.
    The estimated annual reporting burden related to manifesting for a 
SQG or LQG ranges from 3 to 90 minutes per generator. The variation in 
burden hours will depend on the nature of the shipment. For example, if 
a hazardous waste generator receives assistance in completing the 
manifest and experiences no problems with the shipment, the burden is 
likely to be as low as 3 minutes per manifest. If however, a generator 
does not receive a copy of the manifest returned by the TSDF the burden 
can be as high as 90 minutes to account for the time required to 
complete and submit an exception report.
    EPA also estimates that there are 1,983 TSDFs who ship wastes 
offsite and that a TSDF who ships wastes offsite takes an average of 
25.8 minutes to prepare a manifest. Of these TSDFs approximately 75 
percent are captive TSDFs (i.e., TSDFs who receive waste from onsite 
sources only, or from onsite and offsite sources that are owned by the 
same company) and 25 percent are commercial TSDFs (i.e., facilities 
that manage waste from any generator or facility, or from a limited 
group of generators or facilities for commercial purposes). EPA 
estimates that the average commercial TSDF acting as a generator 
completes 292 manifests annually while the average captive TSDF acting 
as a generator completes 36 manifests annually. Approximately 144,832 
manifests are completed annually by all commercial TSDFs acting as 
generators, and 53,532 manifests are completed annually by all captive 
TSDFs acting as generators. This results in a total of 198,364 
manifests generated by TSDFs acting as generators each year.
    In addition to reporting burden, hazardous waste generators are 
expected to incur a recordkeeping burden of between 10 and 20 minutes 
for time spent retaining the manifest, obtaining the signature of the 
first transporter, and dealing with any exception reports onsite.

Hazardous Waste Transporters

    The estimated annual recordkeeping and reporting burden for 
hazardous waste transporters who handle the manifest is 633,119 hours. 
The Agency estimates that there are 500 hazardous waste transporter 
companies subject to the manifest system and that on average, each 
company will take 1.25 hours to read the manifest regulations once a 
year. Approximately 91 percent (1,623,317) of manifests will accompany 
highway shipments, 6 percent (107,032) will accompany rail shipments, 
and 3 percent (53,516) will accompany water shipments. EPA estimates 
that there are approximately 1,783,865 manifests

[[Page 16446]]

completed annually for domestic shipments and that there are an 
additional 12,000 manifests that accompany exports of hazardous wastes 
from the U.S.
    The estimated annual reporting burden per manifest for hazardous 
waste transporters ranges from 10 to 90 minutes. The variation in 
burden hours for transporters will depend on the nature of the shipment 
and whether a discharge has occurred. If a discharge of hazardous waste 
occurs, the transporter is required to notify the authorities and will 
incur a higher burden.
    In addition to reporting burden, hazardous waste transporters are 
expected to incur a recordkeeping burden of between 10 and 20 minutes 
per manifest to account for time spent retaining the manifest onsite, 
obtaining the signature of the next handler of the shipment, and 
relaying to that handler the remaining copies of the manifest.

Treatment Storage and Disposal Facilities

    The estimated annual recordkeeping and reporting burden for 
designated TSDFs is 1,344,377 hours. Of the 2,584 TSDFs in the U.S., 
approximately 644 TSDFs receive hazardous waste shipments from offsite 
(e.g., they receive waste from any generator or facility, or from a 
limited group of generators or facilities for commercial purposes). The 
remaining TSDFs treat or store wastes from onsite sources only. EPA 
estimates that TSDFs who receive waste for treatment, storage, and 
disposal will take 1.25 hours to read the manifest regulations once a 
year.
    These designated facilities are also expected to spend between 20 
and 205 minutes fulfilling reporting requirements. For most TSDFs, 
reporting consists of completing and transmitting the manifest. 
Reporting of this type may require only 20 minutes per manifest. The 
Agency estimates that of the 1,795,685 manifests prepared by 
generators, 12,000 manifests are sent with shipments exported out of 
the U.S. and 178 manifests are lost in transport. These 12,178 
manifests are not received or processed by designated TSDFs. The 
remaining 1,783,687 manifest are received by TSDFs. Of these, 7,135 
(0.4%) manifests involve discrepancies. A TSDF who encounters a 
significant discrepancy may incur a burden as high as 205 minutes per 
manifest. This includes time for contacting the generator and 
completing the discrepancy reports.
    In addition to reporting burden, designated TSDFs are expected to 
incur a recordkeeping burden of between five and 35 minutes per 
manifest to account for time spent retaining the manifest onsite and if 
needed, a discrepancy and unmanifested waste report, and relaying a 
signed copy confirming delivery of the shipment to the generator.

Costs

    EPA estimates that generators, transporters, and TSDFs incur annual 
costs of $96,861,043. Of this total, $96,803,642 (99.9%) is 
attributable to labor costs and to operation and maintenance costs. 
Labor costs are estimated to be $96.16 per hour for legal staff, $71.50 
per hour for managerial staff, $46.80 per hour for technical staff, and 
$24.48 per hour for clerical staff.
    Additionally, capital costs for the hazardous waste manifest 
requirements are approximately $57,261. For this ICR, capital cost 
represents the cost of purchasing file cabinets to store paper copies 
of the manifest. The Agency anticipates that collectively the hazardous 
waste industry will need to keep copies of 7,872,069 manifests and 
reports annually and would need to purchase 492 standard size lateral 
file cabinets each year. In total, EPA estimates that the hazardous 
waste industry will need to pay an annual cost of $28,630 for the 492 
file cabinets over each of the 15 years of the useful life of the file 
cabinet.
    Because the exhibits in the ICR summarized in this notice present 
the average annual cost to respondents under the manifest system over 
the three-year life of the ICR, EPA has averaged the annual cost of 
purchasing file cabinets over three years. By averaging the annual 
payments for each of the three years, EPA has determined the total 
average annual cost to the industry to be approximately $57,261. 
Commenters should note that the above estimates reflect an overall 
increase in burden from the previous ICR. This increase is due 
primarily to adjustments to the number of manifests per shipment, to 
the amount of time required to read the regulations, and to the amount 
of time needed to prepare the manifest and process it during its 
transmission between various handlers.
    The Agency is specifically interested in comments concerning the 
accuracy of the number of manifests estimated, the amount of time 
required to read the regulations and prepare the manifest, and elements 
of the manifest system that result in additional burden but are not 
included in the ICR.
    Commenters should also be advised that EPA plans a more fundamental 
modification of the manifest system during the period of this ICR 
renewal. The Agency is interested in reducing the data elements and 
copy requirements of the current form, and moving perhaps to a more 
automated means of tracking and reporting hazardous waste movement 
data. Therefore, EPA also solicits comments suggesting those elements 
of the manifest system that are most amenable to change, and the burden 
reduction or other benefits that could result from the suggested 
changes. EPA also requests comments on the concept of automating the 
manifest system, and suggestions and concerns from the public on the 
automated approaches which EPA should consider in developing a new 
approach to tracking hazardous waste shipments. Send comments regarding 
the ICR and suggestions for reducing the burden to the address noted 
above in the section entitled ADDRESSES.

    Dated: March 24, 1999.
Elizabeth Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 99-8254 Filed 4-2-99; 8:45 am]
BILLING CODE 6560-50-P