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Supporting Statement For Renewal Of ICR (#1286); Used Oil Management Standards Record Keeping and Reporting Requirements

This statement contains the following topics:

September 28, 1998

1. Identification of the Information Collection

1(a) Title and Number of the Information Collection

This ICR is titled “Used Oil Management Standards Recordkeeping and Reporting Requirements,” ICR number 1286.5.

1 (b) Short Characterization

Section 3014 of the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), directs EPA to “promulgate regulations…as may be necessary to protect public health and the environment from the hazards associated with recycled oil” and, at the same time, to not discourage used oil recycling. This mandate was amended to RCRA as Section 3012 by the Used Oil Recycling Act (UORA) of 1980, and later redesignated as Section 3014 by HSWA. In 1985, EPA established regulations for used oil burners and marketers to mitigate potential hazards to human health and the environment from the mismanagement of used oils. These standards were codified in 40 CFR Part 266. EPA assessed the burdens and costs imposed upon the regulated community by these requirements in the Specific Units Information Collection Request (ICR), ICR 1572 or the &q#147;Specific Units ICR.”

When EPA codified standards for used oil destined for recycling in 40 CFR Part 279, the Agency decided to consolidate the related standards for used oil fuels from Part 266 of 40 CFR to Part 279. EPA assessed the burdens and costs associated with the new management standards in ICR 1286 “Used Oil ICR.” To avoid double counting, EPA did not assess the burdens and costs associated with the requirements promulgated in 1985, since they were included in the Specific Units ICR.

New standards for boilers and industrial furnaces (BIFs) that burn hazardous waste fuels were then promulgated in 40 CFR Part 266. Accordingly, EPA revised the Specific Units ICR to include the burdens and costs associated with the new standards. At this time, the burdens and costs associated with the used oil burner standards were mistakenly deleted, as they were no longer codified in 40 CFR Part 266.

The purpose for this ICR is to renew and revise the current Used Oil ICR 1286 to update and include all burdens and costs imposed upon the regulated community by the used oil management standards. Specifically, this involves updating each estimate for burdens and costs assessed in the Used Oil ICR, and identifying and adding the requirements associated with the used oil burner standards which were previously accounted for in the original Specific Units ICR, but not accounted for in the revised Specific Units ICR.

Certain used oil handlers required by the current regulations to notify EPA of their hazardous waste activities have already done so because of regulations at 40 CFR Parts 262 and 266. The burdens for these information collections are covered in the Notification of Hazardous Waste Activity ICR (“Notification ICR”), No. 261, OMB Control Number 2050-0028. EPA will continue to account for the reporting and recordkeeping burden for these requirements under the Notification ICR. Throughout this supporting statement, EPA indicates which specific requirements are covered by this clearance.

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2. Need For and Use of the Collection

2(a) Need And Authority For The Collection

Section 3014 of RCRA, as amended, provides EPA with the statutory authority to promulgate the 40 CFR Part 279 used oil management standards to protect public health and the environment and to not discourage recycling. Sections 3007 and 3013 of RCRA provide EPA with the authority to require the collection of information associated with these standards. Section 3007 provides that any hazardous waste handler shall, upon request by any authorized representative of EPA, furnish information relating to the wastes being managed, and grant access to all records relating to such wastes. Section 3013 gives EPA the authority to issue an order requiring a facility owner/operator to conduct monitoring, testing, analysis, and reporting with respect to such facility to ascertain the nature and extent of a condition that may pose a substantial hazard to human health and the environment. In accordance with section 3010 of the Act, used oil handlers who have not received an EPA identification number must obtain one by notifying EPA of their used oil activity by submitting EPA Form 8700-12 or a letter requesting an EPA identification number.

Used Oil Generators

In order for a burden to qualify as an Information Collection Request (ICR) element as part of the Paperwork Reduction Act, it must impose a monitoring, reporting, or recordkeeping requirement, and not be considered a customary business practice. Although Subpart C contains at least the burden element of reading and understanding the regulations, by definition, this burden is not subject to the ICR requirement.

Used Oil Collection Centers and Aggregation Points

In order for a burden to qualify as an Information Collection Request (ICR) element as part of the Paperwork Reduction Act, it must impose a monitoring, reporting, or recordkeeping requirement, and not be considered a customary business practice. Subpart D of Part 279 does contain burden elements for collection centers. However, reading and understanding the regulations, by definition, is not subject to the ICR requirement. Furthermore, the section 279.31 burden associated with registration, licensing, or permitting by a state and local government is considered to be a widely conducted industry practice.

Used Oil Transporters and Transfer Facilities

Transporter and transfer facility requirements for used oil are set forth in Part 279, Subpart E. Pursuant to section 279.44, used oil transporter and transfer facilities must determine the total halogen content of the used oil. Section 279.46 requires used oil transporters and transfer facilities to keep records of each used oil shipment accepted for transport and/or delivered to another used oil transporter, or to a used oil burner, fuel marketer, or used oil recycling facility. The records must be maintained for at least three years. These requirements assist in keeping used oil handlers accountable for the movement of used oil. EPA also believes these recordkeeping requirements are necessary to monitor the flow of used oil within the used oil management system. By providing a paper trail documenting all parties who handled the used oil, the requirements also discourage adulteration of used oil by any used oil handler.

Used Oil Processors and Re-refiners

Processor and re-refiner requirements for used oil are set forth in Part 279, Subpart F. Owners/operators of used oil processing and re-refining facilities are also required to undertake prevention and preparedness activities at their facilities, such as compliance with section 279.52 standards, which are very similar to Part 265 Subpart D contingency plan and emergency procedure requirements for hazardous waste management facilities. These requirements will ensure that used oil processing and re-refining facilities are maintained to minimize the threat of a sudden or non-sudden release, fire, explosion or similar emergency, as well as ensure that facilities are prepared to undertake appropriate actions if an emergency situation occurs.

In addition, section 279.54(h) requires that oil processing and re-refining facilities that store or process used oil in aboveground or underground tanks determine at the time of closure whether all contaminated soils can be practicably removed or decontaminated as required. If the owner/operator cannot make the determination, the owner/operator must close the tank system and perform post-closure in accordance with section 265.310. Based on existing Superfund data and RCRA enforcement information available for the solid waste management units used for used oil storage or management, EPA is convinced that the closure requirements of section 279.54 are critical to minimizing the potential creation of future Superfund sites.

Pursuant to section 279.55, used oil processors and re-refiners must develop a written used oil analysis plan and retain a copy of the plan at the facility. The plan must include information concerning methods, location and frequency for analysis of used oil. This requirement will ensure that the facilities are consistent in used oil testing methodologies.

Section 279.56 sets forth tracking requirements for used oil processors and re-refiners. Used oil processors and re-refiners are required to keep a record for each used oil shipment that is accepted for processing or re-refining or delivered to another used oil processor and re-refiner, or to a used oil burner or disposal facility. All records must be maintained for at least three years. These requirements will assist in keeping used oil processors or re-refiners accountable for movements of used oil. EPA also believes these recordkeeping requirements are necessary to monitor the flow of used oil within the used oil management system. By providing a paper trail documenting all parties who handled the used oil, the requirements also discourage adulteration of used oil by any used oil processor or re-refiner.

Pursuant to section 279.57(b), processors and re-refiners must submit a biennial report to EPA. EPA requires this information submission so that the statistics can be grouped and used to identify industry trends.

Used Oil Burners who Burn Off-Specification Used Oil for Energy Recovery

On November 29, 1985, EPA promulgated notification, analysis and recordkeeping requirements for used oil burners as part of the used oil final Phase I burning regulations at 40 CFR 266.44. These standards are now codified under Part 279, Subpart G.

Section 279.65 sets forth tracking requirements for used oil burners. Burners are required to keep a record for each used oil shipment that is accepted for burning. Section 279.66 stipulates that before a burner can accept off-specification used oil fuel from a generator, transporter, or processor or re-refiner, he must provide to the used oil marketer a one-time written and signed notice certifying that the burner has notified EPA of his location and has provided a general description of his used oil management activities, and that the burner will burn the used oil only in an industrial furnace or boiler identified in §279.61. The certification must be maintained for three years from the date the burner last receives a shipment of off-specification used oil from that generator, transporter, or processor or re-refiner. These requirements are the final step in monitoring the flow of used oil within the used oil management system and discouraging adulteration of used oil by any used oil handler, by providing a paper trail documenting all parties who handled the used oil. These requirements provide a self-implementing mechanism to ensure that off-specification used oils are burned only in approved units.

Used Oil Fuel Marketers

On November 29, 1985, EPA promulgated notification, analysis and recordkeeping requirements for marketers of used oil fuels as part of the used oil final Phase I burning regulations at 40 CFR 266.43. These standards are now codified under Part 279, Subpart H.

Pursuant to section 279.72, marketers that demonstrate that used oil meets the specifications of section 279.11 are not subject to further regulation. These persons may determine that used oil meets the specifications of section 279.11 by performing analyses on the used oil or by obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications. All copies of analysis or other information must be kept for at least three years. This requirement provides useful market information for burners and blenders and helps discourage any adulteration of used oil by any used oil handler.

Section 279.74 sets forth tracking requirements for used oil marketers. Marketers who direct a shipment of off-specification used oil to a burner are required to keep a record for each used oil shipment. Section 279.75 stipulates that before a marketer sends a first shipment of off-specification used oil fuel to a burner, he must obtain from the burner a one-time written and signed notice certifying that the burner has notified EPA of his location and has provided a general description of his used oil management activities, and that the burner will burn the used oil only in an industrial furnace or boiler identified in 279.61. The certification must be maintained for three years from the date the marketer last sends a shipment of off-specification used oil to the burner. This provides assurances that the off-specification oil is burned in facilities with appropriate emission controls. It also provides a paper trail documenting all parties who handled the used oil, thereby discouraging adulteration of used oil by any used oil handler.

State Petitions

Section 279.82 provides that a State may petition EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of road oiling on the environment. Since the rules have been in place, no states have petitioned to use used oil as a dust suppressant. Therefore, EPA estimates that the burden imposed upon States is insignificant.

2(b) Practical Utility/Users of the Data

The halogen content and tracking requirements help document the condition and management of the used oil as well as the responsibility of its handlers. Specifically, the requirements provide valuable market information. They also enable the facility and EPA, if EPA requests this documentation, to review and account for shipments of used oil. EPA also believes these recordkeeping requirements help to monitor the flow of used oil within the used oil management system and to discourage any adulteration of used oil by any used oil handler, by providing a paper trail documenting all parties who handled the used oil.

The preparedness and prevention requirements of section 279 Subpart F (contingency plans and emergency plans) are designed to minimize the threat of a sudden or non-sudden release, explosion or fire or similar event at used oil processing and re-refining facilities. EPA believes that the majority of recycling facilities have preparedness and prevention and contingency measures in place as a customary business practice or because they are required to under the Spill Prevention, Control, and Countermeasures (SPCC) program.

The analysis plan requirement assigns marketers responsibility to establish documentation for used oil making its way through the used oil management system. Developing and retaining these records also discourages any adulteration of used oil by subsequent used oil handlers.

The biennial reports will help EPA develop Phase II management standards that may include incentives for encouraging DIY-generated (do-it-yourself) used oil recycling and/or more stringent management standards for a particular form of recycling. The biennial reports also help the Agency monitor the flow and disposition of used oil and allow the Agency to assess the relative amounts of used oil that are recycled in different manners.

The response and closure requirements are critical to protect against potential future damages that could result at abandoned sites; the requirements stipulate that the owner/operators must control used oil spills or releases and that contaminated soils near or beneath the storage units must be removed or decontaminated.

The notices provide a self-implementing mechanism ensuring that off-specification used oils are burned only in units approved by EPA (industrial furnaces or boilers identified in section 279.61). Recordkeeping requirements ensure that these certifications can be made available to EPA upon request.

The on-specification fuel requirements for used oil marketers, and the associated recordkeeping, in effect removes the regulatory burden from used oil burners burning on-specification used oil fuel and others handling used oil that meets the specifications. EPA believes that little is gained from regulating these fuels more stringently than virgin fuels, since these used oil fuels essentially present no greater risk to human health and the environment.

The off-specification requirements for used oil marketers, and the associated recordkeeping, assist EPA in keeping used oil marketers and burners accountable for regulatory compliance and help document the movement and burning of used oils for EPA.

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3. Nonduplication, Consultations, and Other Collection Criteria

3(a) Nonduplication

There is no other Federal agency that collects the information as required under Part 279 concerning the management of used oil for recycling. EPA has coordinated the development of the Part 279 requirements with the Department ofTransportation’s 49 CFR regulations, where applicable. Used oil transporters must comply with all applicable packaging, labeling, and placarding requirements of 49 CFR Parts 173, 178, and 179. In addition, used oil transporters must report discharges of used oil according to existing 49 CFR Part 171 and 33 CFR Part 153 requirements.

3(b) Consultations

On November 29, 1985, EPA proposed a comprehensive set of management standards for generators, transporters, and recycling facilities that handle and recycle used oil. EPA received substantial public comment on the 1985 proposed requirements. On September 23, 1991, EPA published a Supplemental Notice of Proposed Rulemaking that discussed the Agency’s recent data collection activities for the identification and listing of used oil, and discussed several options for used oil management standards. An objective of the management standards alternatives identified and discussed in the 1991 Supplemental Notice was to clarify or modify certain 1985 proposed standards and to add new requirements. The Agency received a substantial number of comments on the specific approaches that the Agency was considering in the Notice. After reviewing and analyzing the comments in response to both the 1985 proposed rulemaking and the 1991 Supplemental Notice of Proposed Rulemaking, the Agency adopted the current rule for controlling the management of used oils that are recycled.

EPA developed an ICR in conjunction with the final used oil management standards Part 279. On December 21, 1992, OMB approved ICR 1286 for use through 12/31/95. On September 1, 1995, EPA published in the Federal Register (60 FR 45714) a notice announcing that ICR 1286 for the used oil management standards was up for renewal. Because of recently amended ICR development requirements, OMB granted a three month extension for ICR 1286. A renewal of ICR 1286 was completed on December 8, 1995. It was flawed. This renewal identified, but did not assess, a number of burdens related to burners and marketers of used oil which were believed to be covered by ICR 1572, or the Specific Units ICR (which addressed the requirements for Part 266). Previously, in an effort to consolidate the requirements for used oil destined for recycling, EPA moved the related regulations from Part 266 to Part 279. Accordingly, the burdens associated with the burner and marketer requirements, which were mistakenly believed to be covered by ICR 1572, were deleted from the Specific Units ICR upon its subsequent renewal. With this ICR 1286.5, EPA has revised the previous renewal ICR 1286 to include all burdens and costs imposed upon the regulated community by the used oil management standards.

EPA received one comment on the September 1, 1995, Federal Register Notice. That comment was submitted electronically to the RCRA Docket. This comment recommended that EPA provide used oil handlers with “information and skills to the people in the field for cleaning-up inadvertent (hopefully) oil spills.” The commenter provided no information on the ICR costs or suggestions on how the existing ICR could be improved. Informal discussions with industry subsequent to the deadline for comments on the notice confirmed that there was no interest in commenting on the renewal ICR 1286.

3(c) Effects of Less Frequent Collection

Past Agency experience in collecting information on a biennial basis has been proven to be an adequate frequency of collection under the hazardous waste management system. This proven collection frequency is therefore warranted for used oil processors and re-refiners as part of the used oil management requirements.

3(d) General Guidelines

This information collection follows all of OMB’s General Guidelines regarding Federal data collection.

3(e) Confidentiality

The information being collected under the Part 279 used oil management regulations does not reference trade secrets, confidential business information, or any other type of confidential material that would trigger the Privacy Act of 1974 or other protective statutes.

3(f) Sensitive Questions

The information being collected under the Part 279 used oil management regulations do not concern sexual behavior or attitudes, religious beliefs, or other matters usually considered private.

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4. The Respondents and the Information Collected

4(a) Respondents and SIC Codes

The following is a list of SIC codes associated with used oil generators, transporters and transfer facilities, processors and re-refiners, burners, and marketers affected by the information requirements covered under this ICR:

4(b) Information Requested

Used Oil Transporter and Transfer Activities

(a) Reading and Understanding the Regulations

(i) Data items:

(ii) Respondent activities:

(b) Notification

Section 279.42 requires used oil transporters and transfer facilities who have not previously complied with the notification requirements of RCRA §3010 to obtain an EPA identification number. An EPA identification number can be obtained by completing EPA Form 8700-12 or submitting a letter to EPA requesting an EPA identification number.

(i) Data items:

Transporters must complete and submit to EPA Form 8700-12 or write and submit a letter requesting an identification number. The letter must include the following information:

(ii) Respondent activities:

To provide EPA with the required information, used oil transporters and transfer facilities must perform the following activities:

[Note: As a renewal ICR, burden for this requirement would only fall on new entrants to this business. Any new entrants in the hazardous waste business would be required to notify under Part 262. With the trend toward consolidation, rather than expansion, among industry participants, EPA expects no incremental burden from this requirement.]

(c) Used oil transportation: discharges

In the event of a used oil discharge, section 279.43(c) requires the transporter to take appropriate, immediate action to protect human health and the environment. Section 279.43(c)(3) requires an air, rail, highway, or water transporter who has discharged used oil to give notice, if required by 49 CFR 171.15, to the National Response Center (NRC) and to report in writing, as required by 49 CFR 171.16, to the Department of Transportation. Section 279.43(c)(4) requires a water transporter who has discharged used oil to give notice as required by 33 CFR 153.203.

(i) Data items:

(ii) Respondent activities:

[Note: The notification requirements of 279.43(c) are subject to 49 CFR Part 171 and 279.43(c)(5) is subject to 33 CFR Part 153. Therefore, these elements are not addressed in this ICR.]

(d) Rebuttable presumption

Pursuant to section 279.44, the used oil transporter must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm. The transporter must test the used oil or apply knowledge of the halogen content of the used oil in light of the materials or processes used. If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste. The transporter may rebut this presumption by demonstrating that the used oil does not contain hazardous waste.

(i) Data items:

Data items required by section 279.44 include:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities, as required by 279.44(b), (c), and (d):

[Note: The section 279.44 determinations are not expected to impose an incremental burden or cost on most used oil transporters because such determinations are already a widely conducted industry practice in response to the regulations at 40 CFR Part 266, Subpart E. EPA estimates that approximately 12.5 percent of transporters and transfer facilities will test their used oil and retain records because of the section 279.44 requirement.

(e) Labeling

Section 279.45(g) requires that labels with the words &%147;used oil” be clearly placed on containers and aboveground tanks used to store oil and on fill pipes used to transfer oil into underground storage tanks at the transfer facility.

(i) Data items:

Apply labeling as necessary.

[Note: This ICR element does not impose incremental burden because the exact wording of the information to be disclosed is provided in the regulations.]

(f) Tracking

Pursuant to section 279.46, used oil transporters must keep a record of each used oil shipment accepted for transport and each used oil shipment that is delivered to a transporter, burner, processor/re-refiner, or disposal facility. In addition, used oil transporters must keep a record of each shipment of used oil that is exported to any foreign country.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities, as required by section 279.46:

Used Oil Processors and Re-refiners

(a) Reading and Understanding the Regulations

(i) Data items:

(ii) Respondent activities:

(b) Notification

Section 279.51 requires used oil processors and re-refiners who have not previously complied with the notification requirements of RCRA 3010 to obtain an EPA identification number. An EPA identification number can be obtained by completing EPA Form 8700-12 or submitting a letter to EPA requesting an EPA identification number.

(i) Data items:

Processors and re-refiners must complete and submit to EPA Form 8700-12 or write and submit a letter requesting an identification number. The letter must include the following information:

(ii) Respondent activities:

To provide EPA with the required information, processors and re-refiners must perform the following activities:

[Note: The section 279.51 notification requirement is not burdened in this ICR because it is already burdened in the Notification ICR, No. 261.]

(c) Contingency Plan and Emergency Procedures

Pursuant to section 279.52(b), used oil processors and re-refiners must comply with the contingency plan and emergency procedure requirements established in the rule, which are similar to those promulgated under 40 CFR Part 265 Subpart D for hazardous waste facilities. Section 279.52(b)(1) requires processors and re-refiners to develop a contingency plan. Section 279.52(b)(3) requires used oil processors and re-refiners to maintain a copy of the contingency plan at the facility. Section 279.52(b)(4) requires that the contingency plan be reviewed and immediately amended, if necessary. 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 and if the assessment indicated that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities, as required by section 279.52(b)(6)(iv)(A). Section 279.52(b)(6)(iv)(B) requires the emergency coordinator to notify the National Response Center (NRC) or the on-scene coordinator (OSC) of any used oil release, fire, or explosion which could threaten human health or the environment. After an emergency situation, section 279.52(b)(viii)(B) stipulates that the processor or re-refiner cannot resume operations until he notifies EPA and State and local authorities that the facility is in compliance with waste compatibility and emergency equipment requirements. Section 279.52(b)(ix) requires a processor or re-refiner to record in the facility operating record and submit to EPA a written report of any emergency incident.

(i) Data items:

The data items required of processors and re-refiners for the above activities include the following:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities, as required by §279.52(b) and 40 CFR Part 265 Subpart D:

[As a renewal ICR, burden for these requirements would only fall on new entrants to this business. Any new entrants would be required to develop contingency and emergency plan procedures. With the trend toward consolidation, rather than expansion, among industry participants, EPA expects no incremental burden from these requirements. However, EPA estimates that 1% of used oil processors and re-refiners will experience an emergency, and therefore be subject to the emergency procedural requirements. Furthermore, that same 1% will be required to revise emergency plans.]

(d) Rebuttable presumption

Pursuant to section 279.53, a used oil processor or re-refiner must determine whether the total halogen content of used oil being managed at the facility is above or below 1,000 ppm. The processor or re-refiner must test the used oil or apply knowledge of the halogen content of the used oil in light of the materials or processes used. If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste. The processor or re-refiner may rebut this presumption by demonstrating that the used oil does not contain hazardous waste.

(i) Data items:

Data items required by section 279.53 include the following:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

[Note: As described in previously approved Used Oil ICRs, the section 279.53 ICR element of testing for halogen content by processors and re-refiners is considered to be a “customary and usual business practice” (CBP) and is therefore excluded as non-burdensome.]

(e) Used oil management

Pursuant to §279.54(h)(1)(ii), upon closure of a tank system, if a used oil processor or re-refiner demonstrates that not all contaminated soils can be practicably removed or decontaminated as required by 279.54(h)(1)(i), he must close the tank system and perform post-closure care in accordance with section 265.310.

(i) Data items:

(ii) Respondent activities:

[Note: EPA expects that no aboveground used oil tanks will require post-closure care under section 265.310.]

(f) Analysis plan

Pursuant to 279.55 used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis regulations. This section lists the data items and respondent activities associated with the analysis plan.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, processors and re-refiners must perform the following activities:

(g) Tracking

Pursuant to section 279.56, used oil processors/re-refiners must keep a record of each used oil shipment accepted for processing/re-refining and each shipment that is shipped to a burner, processor/re-refiner, or disposal facility.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities, as required by section 279.56:

(h) Operating record and reporting

This section lists the data items and respondent activities associated with the operating record and reporting requirements of section 279.57.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities, as required by section 279.57:

[Note: Most section 279.57 requirements are already widely conducted industry practices in response to the used fuel oil regulations promulgated in 1985. However, EPA estimates that 20 percent of all processors and re-refiners will begin to retain records because of the new section 279.57 and 279.55 requirements. In addition, EPA expects that one percent of these facilities will rebut the hazardous waste presumption and now retain records demonstrating that the used oil is not hazardous.]

Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery

(a) Reading and Understanding the Regulations

(i) Data items:

(ii) Respondent activities:

(b) Notification

Section 279.62 requires used oil burners who have not previously complied with the notification requirements of RCRA 3010 to obtain an EPA identification number. An EPA identification number can be obtained by completing EPA Form 8700-12 or submitting a letter to EPA requesting an EPA identification number.

(i) Data items:

Used oil burners of off-specification used oil must complete and submit to EPA Form 8700-12 or write and submit a letter requesting an identification number. The letter must include the following information:

(ii) Respondent activities:

To provide EPA with the required information, used oil burners must perform the following activities:

[Note: The section 279.62 notification requirement is not burdened in this ICR because it is already burdened in the Notification ICR, No. 261.]

(c) Rebuttable presumption

Pursuant to section 279.63, a used oil burner must determine whether the total halogen content of used oil being managed at the facility is above or below 1,000 ppm. The burner must determine halogen content by testing the used oil, applying knowledge of the halogen content of the used oil in light of the materials or processes used, or by using information provided by the processor/re-refiner. If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste. The burner may rebut this presumption by demonstrating that the used oil does not contain hazardous waste.

(i) Data items:

Data items required by section 279.63 include:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

[Note: The section 279.63 ICR element of rebutting a presumption is considered to be a "customary and usual business practice" (CBP) and is therefore excluded as non-burdensome. However, the requirement of maintaining records of rebuttle is considered an additional ICR element. EPA expects that 1% of these facilities will begin to keep records as a result of this requirement.]

(d) Labeling

Section 279.64 requires that the words “used oil” be clearly placed on containers and aboveground tanks used to store oil and on fill pipes used to transfer oil into underground storage tanks at the transfer facility.

(i) Data items:

[Note: This ICR element does not impose incremental burden because the exact wording of the information to be disclosed is provided in the regulations.]

(e) Tracking

Pursuant to section 279.65, used oil burners must keep a record of each used oil shipment accepted for burning.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

(f) Notices

Pursuant to section 279.66, before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor/re-refiner, the burner must provide to the generator, transporter, or processor/re-refiner a one-time written and signed notice.

(i) Data item:

(ii) Respondent activities:

In order to provide the data item listed above, respondents must perform the following activities, as required in section 279.66:

Used Oil Fuel Marketers

(a) Reading and Understanding the Regulations

(i) Data items:

(ii) Respondent activities:

(b) Analysis of on-specification used oil fuel

Pursuant to §279.72(a), used oil marketers that demonstrate that used oil meets the specifications of §279.11 are not subject to further regulation. These persons may determine that used oil meets the specifications of §279.11 by performing analyses or by obtaining analyses or other information.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

[EPA assumes that all processors/refiners (249) and one-half of all transporters (192) operate as marketers and would be subject to these requirements.]

(c) Notification

Section 279.73 requires used oil marketers who have not previously complied with the notification requirements of RCRA 3010 to obtain an EPA identification number. An EPA identification number can be obtained by completing EPA Form 8700-12 or submitting a letter to EPA requesting an EPA identification number.

(i) Data items:

(ii) Respondent activities

To provide EPA with the required information, marketers must perform the following activities:

[Note: The section 279.73 notification requirement is not burdened in this ICR because it is already included in the Notification ICR, No. 261.]

(d) Tracking

Pursuant to section 279.74, used oil marketers must keep a record of each used on-specification and off-specification used oil shipment that is shipped to a burner.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities:

[EPA has assumed no incremental burden for this requirement since transporters and processors are already subject to similar record keeping requirements.]

(e) Notices

Pursuant to section 279.75, before a used oil generator, transporter, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he must obtain a one-time written and signed notice.

(i) Data item:

(ii) Respondent activities:

In order to provide the data item listed above, respondents must perform the following activities:

[EPA assumes that all processors/rerefiners (249) and one-half of transporters (192) would operate as marketers and would be subject to these requirements, as with 279.72.]

State Petitions

Pursuant to section 279.82, a State may petition EPA (e.g., as part of its authorization petition submitted to EPA under 271.5) to allow the use of used oil as a dust suppressant. The State must demonstrate that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of road oiling on the environment.

(i) Data items:

(ii) Respondent activities:

In order to provide the data items listed above, respondents must perform the following activities, as required by §279.82(b):

[EPA has not received any applications to use used oil as a dust suppressant since the implementation of the rules. Therefore, the element is considered to be non-burdensome.]

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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

Agency activities associated with the used oil requirements include the review and recordkeeping of RCRA section 3010 notification materials submitted by used oil transporters, used oil processors and re-refiners, off-specification used oil burners, and used oil fuel marketers. The Agency will provide these respondents with an EPA identification number.

The Agency must also review and keep records of:

In addition, after a release, fire, or explosion at a used oil processor or re-refiner, EPA must be notified by the facility owner/operator that the facility is in compliance with paragraph (h) of this section before operations are resumed in the affected areas of the facility, as required by section 279.52(b)(6)(viii). The Agency will review and keep records of a report of the incident submitted by the facility owner/operator, as required by section 279.52(b)(6)(ix).

5(b) Collection Methodology and Management

In collecting and analyzing the information required under the Part 279 requirements, EPA uses state-of-the-art electronic equipment such as personal computers and applicable data base software, when appropriate.

5(c) Small Entity Flexibility

Under Part 279, all used oil generators are regulated under one set of minimum management standards. The regulations exempt one class of generators based on a generation rate. Farmers, who generate an average of 25 gallons or less of used oil from vehicles or machinery used on the farm in a calendar year, are not subject to the used oil generator standards. In the September 1991 Supplemental Notice, EPA proposed to eliminate the regulatory distinction between small quantity and large quantity generators as proposed in the November 1985 proposed rulemaking. The majority of commenters who responded to the September 1991 Supplemental Notice on this issue supported the proposed elimination of the regulatory distinction for generators.

The rule does, however, contain provisions that encourage recycling of used oil by private individuals and small entities. Subpart C of the rule exempts from its generator requirements household “do-it-yourselfers.” Many individuals and small entities also receive regulatory relief through the section 279.20(a)(3) exemption. The section exempts from the Part 279 requirements mixtures of used oil and diesel fuel mixed together by generators for use in their own vehicles. In addition, generators may transport, without an EPA identification number, used oil that is generated at the generator’s site and used oil collected from household do-it-yourselfers to a used oil collection center if certain conditions are met. Finally, pursuant to section 279.20(c), service station owner/operators that collect used oil from do-it-yourselfers and that are in compliance with Subpart C may be eligible for an exclusion from the cost recovery authorities of CERCLA section 107(a)(3) and (a)(4), as provided by Section 114(c) of CERCLA.

5(d) Collection Schedule

Part 279 places few information collection requirements on used oil handlers. Section 279.57(b) requires that used oil processors and re-refiners submit a biennial letter (by March 1 of each even numbered year) to EPA describing their used oil activities. In the event that a release, fire, or explosion occurs, the owner/operator must inform EPA and appropriate State and local authorities that the facility is in compliance with paragraph (h) of the section before operations are resumed. Within 15 days after the incident, the owner/operator must submit a written report on the incident to EPA, as required by sections 279.52(b)(6)(ix).

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6. Estimating the Burden and Cost of the Collection

The following results section is segregated into seven major parts, beginning with section 6(a) and ending with section 6(g). The first four sections include estimates of: respondent burdens, respondent costs, Agency burden and cost, and the respondent universe and the total burden and costs. The last three sections identify the total burden hours and costs, the reasons for changes in burden, and a burden statement. Within section 6(b) “Estimating Respondent Costs,” there are four detailed used oil respondent categories: transporters and transport facilities, processors/re-refiners, burners who burn off-specification used oil, and fuel marketers. Note that some totals in the exhibits and the text may not add due to rounding.

6(a) Estimating Respondent Burden

This revision of the renewal ICR 1286 calculates and presents the incremental burden on used oil handlers as a result of the Recycled Used Oil Management Standards (40 CFR Part 279) rule promulgated in September, 1992. The incremental burden in this ICR is in addition to that accounted for under the Notification ICR, No. 261, as noted throughout this ICR. Exhibits 1 though 4 present EPA's estimated respondent burden and costs associated with the information collection requirements covered in this ICR. All exhibits display both the number of hours required to conduct each information collection activity and the cost associated with that activity. EPA consulted with fewer than nine respondents from the regulated community to obtain burden hour and labor and materials cost estimates for each type of facility.

6(b) Estimating Respondent Costs

Based on the information provided by the regulated community, the average hourly labor cost (hourly wage plus overhead and fringe benefits) was determined for used oil transporters and transfer facilities, processors/re-refiners, burners of off-specification used oil, and marketers. For transporters, it is estimated to be $34.35 for managerial staff, $25.55 for technical staff, and $17.18 for clerical staff. For processors, it is estimated to be $34.35 for managerial staff, $27.05 for technical staff, and $17.98 for clerical staff. For burners, it is estimated to be $38.83 for managerial staff, $29.75 for technical staff, and $13.50 for clerical staff. Finally, for marketers it is estimated to be $34.35 for managerial staff, $26.66 for technical staff, and $17.18 for clerical staff.

Capital/start-up costs and operations and maintenance (O&M) costs were not among the items directly surveyed for this revision of the renewal ICR 1286. EPA believes that only new transporters, processors/re-refiners, burners, and marketers would incur capital/start-up costs due to these regulations. With the trend toward consolidation, rather than expansion, among industry participants, EPA expects no incremental costs from these requirements. O&M costs for items such as file storage, photocopying and postage are incorporated into the recordkeeping requirement estimates which are located at the end of each used oil respondent section.

Used Oil Transporter and Transfer Facility Requirements

Exhibit 1 presents annual burden and cost estimates for used oil transporters and transfer facilities. Included in this exhibit are burden and cost estimates for the following:

EPA estimates that there are approximately 383 independent used oil transporters and transfer facilities currently in operation.1 The bottom line burden to each transporter and transfer facility is 884 hours per year, with an annual cost of approximately $20,543. This results in a total annual burden for all transporters and transfer facilities of 161,729 hours, at a total cost of $5,093,575.

(a) Reading and understanding the regulations

All 383 used oil transporters read the regulations each year. EPA estimates that the total annual burden for a used oil transporter to read the regulations is four hours, at an annual cost of $107. The annual burden for all transporters due to this requirement is 1,341 hours, at a cost of $40,994.

(b) Halogen testing of used oil

Of the 383 used oil transporters and transfer facilities, EPA estimates that one-eighth, or 48 did not already test the halogen content of the used oil. This estimate is based on a National Oil Recyclers Association survey. The requirement does not impose an incremental burden or cost on most used oil transporters because such determinations are already a widely conducted industry practice in response to the used oil fuel specification established in 1985.

A transporter typically makes halogen content determinations 4,633 times per year at a materials cost of $5.36 per test. EPA estimates the total annual materials cost per transporter to be $24,827 and for the 48 transporters to be $1,191,696. The total annual burden hours per transporter is 463 hours, at a cost of $11,839. This translates to an annual burden of 22,240 hours, at a cost of $568,272 for the 48 transporters and transfer facilities. The combined cost (labor plus materials) is $1,759,962.

(c) Tracking used oil shipments and deliveries

Every transporter and transfer facility keeps records of used oil shipments delivered to processors or other customers. EPA estimates that 530 shipments are delivered each year by a typical transporter. EPA believes that while many of the tracking requirements (e.g., name and address of recipient, quantity shipped, date) are part of customary business practice, some incremental burden results from the regulations. The incremental tracking requirement associated with these shipments results in an annual respondent burden of 42 hours per year, with an annual cost of $848. The annual burden for all transporters and transfer facilities is 16,163 hours, at a cost of $324,669.

Furthermore, all 383 transporters and transfer facilities keep records of each shipment of used oil accepted at each facility. EPA estimates that 4,000 shipments are accepted each year by a typical transporter. The incremental tracking requirement for shipments accepted results in an annual respondent burden of 319 hours per year, at an annual cost of $6,398. Therefore, the annual burden for all transporters and transfer facilities is 121,986 hours at $2,450,331.

(d) Maintaining records

Every transporter and transfer facility must maintain the records of their halogen testing and tracking activities for up to three years. This recordkeeping requirement imposes a respondent burden of 57 hours annually at a cost of $1,351. The annual burden for all transporters and transfer facilities due to the recordkeeping burden is 21,703 hours, at a cost of $517,619.

Exhibit 1
Estimated Transporter and Transfer Facility Burden and Cost
Used Oil Transporters Hours and Costs per Respondent Total Hours and Costs
Information Collection Activity Manager Technical Clerical Respondent Hours/Year Labor Cost/Year Materials Cost Number of Respondents Total Hours/Year Total Costs/Year
Labor Cost/Hour $34.35 $25.55 $17.18  
Read and understand the regulations 2.00 1.50 0.00 3.50 $107.03 $0.00 383 1,340.50 $40,994.09
Perform a halogen test 0.00 463.33 0.00 463.33 $11,838.94 $24,826.94 48 22,240.00 $1,759,962.40
Tracking used oil shipment information (delivered) 0.00 14.64 27.56 42.20 $847.70 $0.00 383 16,163.08 $324,668.86
Tracking used oil shipment information (accepted) 0.00 110.50 208.00 318.50 $6,397.73 $0.00 383 121,985.50 $2,450,331.04
File and maintain specified records 22.00 0.00 34.67 56.67 $1,351.49 $0.00 383 21,703.33 $517,618.88
Total 24.00 589.97 270.23 884.20 $20,542.89 $24,826.94 383 161,729.08 $5,093,575.27

Used Oil Processers and Re-refiners

Exhibit 2 presents annual burden and cost estimates for used oil processors/re-refiners. Included in this exhibit are burden and cost estimates for the following:

EPA estimates that there are between 211 and 286 used oil processors/re-refiners currently in operation.2 For the purposes of these burden and cost estimates, EPA chose the midpoint of this range (249) as its estimate for the number of processors/re-refiners. The total estimated annual burden for a processor/re-refiner is 530 hours, with an annual cost of $11,866. This results in a total annual burden for all used oil processors/re-refiners of 131,950 hours, at a cost of $2,416,412.

(a) Reading and understanding the regulations

Each of the 249 used oil processors/re-refiners is required to read the regulations. EPA estimates the annual burden for each used oil processor/re-refiner to be 14 hours, at an annual cost of $414. This equates to an annual burden imposed upon all processors/re-refiners of 3,362 hours, at a cost of $103,055.

(b) Contingency plan and emergency procedures

EPA believes that only new processors/re-refiners need to develop contingency and emergency plans. With the trend toward consolidation, rather than expansion, among industry participants, EPA expects no incremental burden from this requirement. However, all 249 processors and re-refiners will revise the contingency plan once annually. Additionally, EPA estimates that 1 percent of used oil processors/re-refiners will experience an emergency each year. Therefore, a total of two processors/re-refiners would be subject to emergency procedural requirements and subsequent revisions of emergency plans.

The annual burden for a processor/re-refiner to revise a contingency plan is seven hours, at a cost of $188. For all 249 processor/re-refiners, the contingency plan requirement imposes a burden of 1,619 hours at a cost of $46,930. It is estimated that the emergency plan revision process and procedural requirements subject each processor/re-refiner to a burden of 22 hours, at an annual cost $619. These requirements affect two facilities each year, so the annual burden for all processor/re-refiners is 45 hours at a cost of $1,238.

(c) Analysis plan

EPA believes that only new processors/re-refiners need to develop analysis plans. With the trend toward consolidation, rather than expansion, among industry participants, EPA expects no incremental burden from this requirement. However, all 249 processors/re-refiners are affected by information collection requirements related to maintaining the written analysis plan. The total analysis plan burden for each processor/re-refiner is six hours, at a cost of $154. The annual burden for all processors/re-refiners is 1,413 hours, at $38,254.

(d) Tracking used oil shipments and deliveries

All 249 processors/re-refiners must keep records of each shipment of used oil delivered to customers. EPA estimates that 530 shipments are delivered to a typical processor each year. EPA believes that many of the tracking requirements (e.g., name and address of recipient, quantity shipped, date) are customary business practice. Some incremental burden does result from the regulations, however. The incremental tracking requirement associated with these shipments results in an annual respondent burden of 48 hours per year, with an annual cost of $987. The annual burden for all processors/re-refiners due to this requirement is 11,828 hours and costs $245,769.

Furthermore, all processors/re-refiners keep records of each shipment of used oil accepted at each facility. An average of 4,000 shipments are accepted each year per facility. The incremental tracking requirement associated with these shipments results in an annual respondent burden of 359 hours, with an annual cost of $7,449. The annual burden for all processors/re-refiners due to this requirement is 89,267 hours, at a cost of $1,856,861.

(e) Operating Record and Reporting

Each of the 249 processors/re-refiners submits a report biennially that contains company specific information. EPA estimates that this requirement imposes an annual burden of five hours, with an annual cost of $120 per facility. Therefore, the annual burden for the biennial reporting requirement for all processor and re-refiners is 1,251 hours at $29,980.

(f) Maintaining records

Every processor/re-refiner must maintain records of the contingency and emergency procedures, analysis plan, and tracking activities for up to three years. EPA estimates that 80 percent of processors/re-refiners retain records as part of their current operating practices in response to the burning regulations promulgated in 1985 (see note on page 4-13). The burden imposed upon the remaining 20 percent, or 50 processors/re-refiners is 3,532 hours annually, at a cost of $96,325.

Exhibit 2
Estimated Processor/Re-refiner Burden and Cost/caption>
Used Oil Processors/Re-refiners Hours and Costs per Respondent Total Hours and Costs
Information Collection Activity Manager Technical Clerical Respondent Hours/Year Labor Cost/Year Materials Cost Number of Respondents Total Hours/Year Total Costs/Year
Labor Cost/Hour $34.35 $27.05 $17.98  
Read and understand the regulations 6.67 6.83 0.00 13.50 $413.88 $0.00 249 3,361.50 $103,054.94
Revise contingency plan 2.60 3.20 0.70 6.50 $188.47 $0.00 249 1,618.50 $46,929.73
Create emergency plan and report emergencies 8.75 8.25 5.30 22.30 $619.08 $0.00 2 44.60 $1,238.17
Maintain analysis plan 2.38 1.40 1.90 5.68 $153.63 $0.00 249 1,413.08 $38,254.14
Tracking used oil shipment information (delivered) 0.00 14.64 32.86 47.50 $987.02 $0.00 249 11,827.81 $245,769.09
Tracking used oil shipment information (accepted) 0.00 110.50 248.00 358.50 $7,449.24 $0.00 249 89,266.50 $1,854,861.05
Complete and submit Biennial Report 1.35 0.88 2.80 5.03 $120.40 $0.00 249 1,251.23 $29,980.20
File and maintain specified records 40.25 0.00 30.67 70.92 $1,934.23 $0.00 50 3,531.65 $96,324.70
Total 61.99 145.70 322.23 529.92 $11,865.96 $0.00 249 131,949.56 $2,416,412.02

Used Oil Burners Who Burn Off-Specification Used Oil

Exhibit 3 presents annual burden and cost estimates for used oil burners (e.g., cement kilns and utility boilers) who burn off-specification used oil for energy recovery. Included in this exhibit are burden and cost estimates for the following requirements:

EPA estimates that there are approximately 100 used oil burners that burn off-specification used oil for energy recovery. The bottom line burden for each burner is estimated to be 16.5 hours, at an annual cost of $503. This translates into a total burden for all burners of 1,473 hours, at a cost of $50,345.

(a) Reading and understanding the regulations

All 100 used oil burners are required to read the regulations. EPA estimates that the total annual burden for a burner is 13 hours, at an annual cost of $387. The burden for all burners is 1,300 hours, at a cost of $38,675.

(b) Tracking of off-specification used oil shipments accepted

Every burner keeps records of each off-specification used oil shipment accepted at its facility. An average of 18 shipments are accepted each year. The tracking requirement results in a burner burden of 1.7 hours per year, with an annual cost of $49. The annual tracking requirement burden for all burners is 173 hours, at a cost of $4,886.

(c) Notify marketers that the facility is EPA approved to accept off-specification used oil fuel

All 100 used oil burners notify each generator, transporter, and processor/re-refiner that ships off-specification used oil to its facility that it is approved for that purpose. EPA estimates that the notices requirement causes a respondent burden of six minutes per year, with an annual cost of $4. The annual notices requirement for all burners is 10 hours, at a cost of $388.

(d) Maintaining records

All burners must maintain the records of the tracking and notice activities for up to three years. EPA estimates that the recordkeeping requirement results in a burden for each burner of 1.7 hours annually at a cost of $64. The annual recordkeeping requirement for all burners is 166 hours at $6,396.

Exhibit 3
Estimated Burner Burden and Cost
Used Oil Burners Hours and Costs per Respondent Total Hours and Costs
Information Collection Activity Manager Technical Clerical Respondent Hours/Year Labor Cost/Year Materials Cost Number of Respondents Total Hours/Year Total Costs/Year
Labor Cost/Hour $38.83 $29.75 $13.50  
Read and understand the regulations 0.00 13.00 0.00 13.00 $386.75 $0.00 100 1,300.00 $38,675.00
Tracking used oil shipment information (received) 0.00 1.57 0.17 1.73 $48.86 $0.00 100 173.33 $4,885.83
Notify marketers that the burner facility is EPA approved for off-specification 0.10 0.00 0.00 0.10 $3.88 $0.00 100 10.00 $388.33
File and maintain specified records 1.64 0.00 0.02 1.66 $63.96 $0.00 100 166.00 $6,395.67
Total 1.74 14.57 0.19 16.49 $503.45 $0.00 100 1,473.33 $50,344.83

Used Oil Fuel Marketers

Exhibit 4 presents annual burden and cost estimates for used oil marketers all of whom are assumed to be either processors or transporters. Since most regulations affecting marketers are already captured by the burden on transporters and processors, only additional burdens are considered. Included in this exhibit are burden and cost estimates for the following requirements:

EPA estimates that there are 192 used oil transporter-marketers, and 249 processor-marketers. These estimates were arrived at by assuming that half of the transporters are marketers and that all of the processors/re-refiners are marketers. EPA estimates the total annual burden for each used oil marketer to be 160 hours, at an annual cost of $3,629. This results in an annual burden for all 441 used oil marketers of 68,333 hours, at a cost of $1,563,500.

(a) Determining that used oil is on-specification (processors)

Processors that are marketers must have an analysis plan outlining when, how, and by whom the used oil will be tested for specification. This requirement imposes a burden of 155 hours per facility, with an annual cost of $3,462. The annual burden for all 249 processor-marketers is 38,583 hours and $861,945.

(b) Determining that used oil is on-specification (transporters)

Every transporter that is a marketer also obtains copies of analyses documenting that the used oil fuel meets the specifications, or it performs the analysis itself. EPA estimates that this determination requirement results in the same hourly and economic burden per transporter as the processors. The annual burden for the 192 transporter-marketers due to this requirement is 29,750 hours and $664,632.

(c) Obtaining notice of EPA approval of off-specification used oil burners (processors)

All 249 processor-marketers must obtain a notice which verifies that the burner facility to which they deliver the off-specification used oil is EPA approved for that purpose. The requirement that used oil marketers must obtain a notice imposes a burden for each marketer of five hours per year, at an annual cost of $84. The annual burden associated with the notices requirement for processor-marketers is 1,180 hours, at a cost of $20,848.

(d) Obtaining notice of EPA approval of off-specification used oil burners (transporters)

The 192 transporter-marketers must also obtain an EPA certification from the burner to which they deliver their off-specification used oil. EPA estimates that this requirement imposes the same burden for each transporter-marketer as each processor-marketer. For all transporter-marketers, the annual burden associated with notices is 910 hours, at a cost of $16,076.

Exhibit 4
Estimated Marketer Burden and Cost
Used Oil Marketers Hours and Costs per Respondent Total Hours and Costs
Information Collection Activity Manager Technical Clerical Respondent Hours/Year Labor Cost/Year Materials Cost Number of Respondents Total Hours/Year Total Costs/Year
Labor Cost/Hour $34.35 $26.66 $17.18  
Perform on-specification demonstration or obtain analysis for proof (processors) 3.20 78.50 73.25 154.95 $3,461.63 $0.00 249 38,582.55 $861,944.79
Perform on-specification demonstration or obtain analysis for proof (transporters) 3.20 78.50 73.25 154.95 $3,461.63 $0.00 192 29,750.40 $664,632.13
Obtain certification from burner (processors) 0.00 0.24 4.50 4.74 $83.73 $0.00 249 1,180.26 $20,847.99
Obtain certification from burner (transporters) 0.00 0.24 4.50 4.74 $83.73 $0.00 192 910.08 $16,075.56
Total 3.20 78.98 82.25 159.69 $3,629.08 $0.00 441 68,332.95 $1,563,500.47

6(c) Estimating Agency Burden and Cost

EPA estimates annual Agency burden hours and costs associated with all of the requirements covered in this ICR in Exhibit 5. EPA believes that the Regional Offices will be involved in these activities. EPA estimates an average Regional labor cost of $40.14 for managerial staff, $28.16 for technical staff, and $17.12 for clerical staff, factoring in overhead costs. To derive these estimates, EPA used Federal Pay Schedule salary figures to estimate annual compensation of Regional staff. For purposes of this ICR, EPA assigned staff the following government service levels and annual salaries:

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.

Exhibit 5 presents annual burden and cost estimates for the Agency. Included in this exhibit are burden and cost estimates of the following:

EPA estimates that there are approximately 2 accidents reported every year. The bottom line burden for each accident is 1.4 hours with an annual cost of $37. For all the accidents in a year, the burden is 2.8 hours, with a cost of $75.

(a) Receiving notice of accidents

EPA estimates that the annual burden for receiving and processing a notification imposes a burden of a half hour per accident, with a cost of $15. To receive and process notifications of both accidents, it takes the agency one hour for a total of $31.

(b) Maintaining records of reported accidents

To review and maintain records of an accident, it takes the agency a total of 0.9 hours per year and costs $22. To maintain records of both accident in a year it imposes a burden of 1.8 hours and cost $44.

Exhibit 5
Estimated EPA Burden and Cost
EPA Hours and Costs per Respondent Total Hours and Costs
Information Collection Activity Manager Technical Clerical Respondent Hours/Year Labor Cost/Year Materials Cost Number of Respondents Total Hours/Year Total Costs/Year
Labor Cost/Hour $40.14 $28.16 $17.12  
Receive notification of accidents from processors 0.10 0.40 0.00 0.50 $15.28 $0.00 2 1.00 $30.56
Review and maintain records of accidents 0.10 0.40 0.40 0.90 $22.13 $0.00 2 1.80 $44.25
Total 0.20 0.80 0.40 1.40 $37.40 $0.00 2 2.80 $74.81

6(d) Estimating the Respondent Universe and the Total Burden and Costs

Exhibits 6 presents the aggregate annual burden and costs associated with Part 279 used oil management information collection requirements. The annual burden for all transporters and transfer facilities, processor/re-refiners, burners, marketers, and the Agency is approximately 363,485 hours, with an annual cost of $9,123,907.

6(e) Bottom Line Burden Hours and Cost Table

Exhibit 6
Estimated Burden and Cost for all Respondents Regulated by Part 279
All Respondents Hours and Costs per Respondent Total Hours and Costs
Information Collection Activity Respondent Hours/Year Labor Cost/Year Materials Cost Total Entities Total Hours/Year Total Costs/Year
Used Oil Transporters and Transfer Facilities 884.20 $20,542.89 $24,826.94 383 161,729.08 $5,093,575.27
Used Oil Processors/Re-refiners 529.92 $11,865.96 $0.00 249 131,949.56 $2,416,412.02
Burners of Off-Specification Used Oil for Energy Recovery 16.49 $503.45 $0.00 100 1,473.33 $50,344.83
Used Oil Marketers 159.69 $3,629.08 $0.00 441 68,332.95 $1,563,500.47
EPA 1.40 $37.40 $0.00 2 2.80 $74.81
Total 1,590.30 $36,541.38 $24,826.94 732 363,484.92 $9,123,907.41

6(f) Reasons For Change in Burden

In this revision of the renewal Used Oil ICR (ICR 1286), EPA executed a variety of changes. Each estimate for used oil burdens and costs identified in the 1996 renewal of the Used Oil ICR was updated. Also, new estimates for a number of the burdens related to burners and marketers of used oil were obtained. These burdens were mistakenly removed from the Specific Units ICR (ICR 1572) in 1993 and are now being accounted for in this renewal of the Used Oil ICR. The requirements for tracking used oil shipments, on-specification used oil determinations, and notices for off-specification used oil were also mistakenly removed from the Specific Units ICR and are now being accounted for in this ICR.

The estimate of the number of off-specification used oil burner facilities decreased from 1,155 to 100. This decrease in respondent size occurred because 1,155 represents the number of off-specification burner notifiers, not the number of actual burners of off-specification used oil. Many notifiers do not actually burn off-specification used oil due to the air emissions limitations defined in their State permits. The new facilities number, 100 is an estimate of the total number of active cement kilns that burn hazardous waste and an estimate from the utility industry of the number of utilities that burn off-specification used oil.

New estimates were needed for all the respondents regulated by Part 279 with regard to the tracking requirements. Therefore, the addition of these estimates increased the overall burden and cost for this revised renewal ICR. Additionally, the marketer requirements for on-specification used oil determinations and obtaining notices of certification from the burners to whom off-specification used oil was sent, represented new estimates which added to the cumulative burden and cost.

The updated estimates presented in this document were generated by sampling the used oil industry. These estimates reflect the current burdens and costs imposed on the regulated used oil community. In no cases was the same question asked to more than nine people.

6(g) Burden Statement

For used oil transporters and transfer facilities, the burden related to reading the regulations is four hours each year. The number of hours required to perform halogen tests on an annual basis is 463. The total tracking burden for both shipments delivered and accepted is 361 hours. Also, filing and maintaining records requires 57 hours per year. This results in a total of 884 hours per respondent per year.

For used oil processors/re-refiners, reading the regulations requires 14 hours per year, while the contingency and emergency plan requirements impose a burden of 29 hours. The analysis plan represents a burden of six hours, and the total tracking burden for both shipments delivered and accepted is 407 hours. The biennial report takes five hours per year to complete and submit, and recordkeeping requires 71 hours per respondent. All these burdens together total to 530 hours per respondent per year.

For burners of off-specification used oil, reading the regulations imposes a burden of 13 hours each year. The burden of tracking the off-specification used oil to be burned for energy recovery is 1.7 hours, and it takes six minutes to notify marketers that the facility is EPA approved for that purpose. Adding that recordkeeping requires 1.7 hours each year the total comes to 16.5 hours per year.

For used oil marketers, the burden related to performing demonstrations or obtaining proof that used oil is on-specification requires 155 hours for both processor- and transporter-marketers. Obtaining certification from EPA approved burners takes five hours each year. The total burden for a marketer averages 160 per year.

For EPA, the burden of receiving notices of accidents is one hour per year, and the burden of reviewing and maintaining accident records is 1.8 hours per year. These total to 2.8 hours per year for the Agency.

Send comments 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 to:

Note: Addresses are no longer viable.

Director
OPPE Regulatory Information Division
US Environmental Protection Agency (2137)
401 M Street, SW
Washington, DC 20460

and to:

Office of Information and Regulatory Affairs
Office of Management and Budget
725 17th Street, NW
Washington, DC 20503
Attention: Desk Officer for EPA

Include the EPA ICR number and OMB control number in any correspondence.

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1 An independent facility is one not affiliated with a processing/re-refining facilities. Number of facilities taken from the “Cost and Economic Impact of 1992 Used Oil Management Standards,” Office of Solid Waste (name changed to Office of Resource Conservation and Recovery on January 18, 2009), August 4, 1992.

2 Number of facilities taken from the “Cost and Economic Impact of 1992 Used Oil Management Standards,” Office of Solid Waste (name changed to Office of Resource Conservation and Recovery on January 18, 2009), August 4, 1992.

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