[Federal Register: March 18, 2003 (Volume 68, Number 52)]
[Notices]
[Page 12901-12904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr03-54]
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ENVIRONMENTAL PROTECTION AGENCY
[RCRA-2002-0024, FRL-7468-9]
Agency Information Collection Activities: Proposed Collection;
Comment Request; 2003 Hazardous Waste Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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[[Page 12902]]
SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is
revising the previous notice published on August 13, 2002 (Volume 67,
Number 156, page 52720) for the EPA plan to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB)
for the 2003 Hazardous Waste Report (EPA Form 8700-13 A/B; EPA ICR
Number 0976.11; OMB Control No. 2050-0024). An agency may not conduct
or sponsor a collection of information and a person is not required to
respond to a collection of information unless it displays a valid OMB
control number indicating OMB approval. Before submitting this ICR to
OMB for review and approval, we are again asking for comments on this
information collection. This notice discusses changes based on comments
to the August 13, 2002 notice.
This ICR renews an ongoing information collection from hazardous
waste generators and treatment, storage, or disposal facilities. This
collection is done on a two-year cycle as required by Sections 3002 and
3004 of the Resource Conservation and Recovery Act (RCRA). The
information is collected via a mechanism known as the Hazardous Waste
Report (also known as the Biennial Report) for the required reporting
year.
DATES: Comments must be submitted on or before May 19, 2003.
ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Dave Levy, Office of Solid Waste, Mail
Code 5302W, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460; telephone number: 703-308-8479; e-mail
address: levy.dave@epa.gov
SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID number RCRA-2002-0024 available for public viewing
at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room
B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1744, and the telephone number for the RCRA Docket is
(202) 566-0270. An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.
Please use EDOCKET to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the public docket, or to access those documents in
the public docket that are available electronically. Once in the
system, select ``Search,'' and then key in the Docket ID number
identified above.
Any comments related to this ICR should be submitted to EPA and OMB
within 60 days of this notice, and according to the following detailed
instructions: (1) Submit your comments to EPA online using EDOCKET (our
preferred method), by e-mail to RCRA-docket@epa.gov, or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 5305T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) Mail your
comments to OMB at: Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Attention: Desk Officer for EPA,
725 17th Street, NW., Washington, DC 20503.
EPA's policy is that public comments, whether submitted
electronically or on paper, will be made available for public viewing
in EDOCKET as EPA receives them and without change, unless the comment
contains copyrighted material, confidential business information (CBI),
or other information otherwise restricted by statute from public
disclosure. When EPA identifies a comment containing copyrighted
material, EPA will provide a reference to that material in the version
of the comment that is placed in EDOCKET. The entire printed comment,
including the copyrighted material, will be available in the public
docket. Although identified as an item in the official docket,
information that is claimed as CBI or that is otherwise restricted from
disclosure by statute, is not included in the official public docket
and will not be available for public viewing in EDOCKET. For further
information about the electronic docket, see EPA's Federal Register
notice describing the electronic docket at 67 FR 38102 (May 31, 2002)
or at http://www.epa.gov/edocket.
Affected entities: Entities potentially affected by this action are
those which generate, treat, store, recycle, or dispose of hazardous
waste.
Title: The 2003 Hazardous Waste Report, EPA ICR Number 0976.11 (OMB
Control Number 2050-0024).
Abstract: This ICR renews an ongoing information collection from
hazardous waste generators and hazardous waste treatment, storage, or
disposal facilities. This collection is done on a two-year cycle as
required by Sections 3002 and 3004 of the Resource Conservation and
Recovery Act (RCRA). The information is collected via a mechanism known
as the Hazardous Waste (Biennial )Report.
1. What Is the Hazardous Waste (Biennial) Report?
The Hazardous Waste Report (Biennial Report) is the federal data
collection for information about the generation and management of
hazardous waste in the United States. Sections 3002 and 3004 of the
Resource Conservation and Recovery Act (RCRA) require large quantity
generators (LQGs), treatment, storage, and disposal facilities (TSDFs),
and recyclers of hazardous waste to report this information to the
state in which they are located on a two-year cycle. The respondents'
submissions (reports) describe each generated hazardous waste, the
activity by which they generated the waste, and the waste quantity; the
reports also list the management method by which each waste is treated,
recycled, or disposed and the quantity managed.
The states forward the reports to EPA electronically; EPA enters
the information into a database called RCRAInfo. You can obtain
detailed information about the Biennial Report data from these EPA
Internet web pages:
[sbull] The National Biennial RCRA Hazardous Waste Report for odd
numbered years from 1989 to 1999, the associated Biennial Report
reported data files, and other information can be found at http://
www.epa.gov/epaoswer/hazwaste/data/#br.
[sbull] The Biennial Report data for each reporter are also
available through EPA's Envirofacts by clicking on ``Queries'' under
the heading ``Advanced Capabilities'' and then clicking on ``BRS'' at
http://www.epa.gov/enviro.
[sbull] Information about RCRAInfo can be found at http://
www.epa.gov/enviro/html/rcris.
2. How Are the Hazardous Waste Report Data Used?
EPA compiles and publishes the National Biennial RCRA Hazardous
Waste Report based on the data for each reporting year. EPA and states
have many uses for Hazardous Waste Report information, including:
[sbull] Describing the various source activities that generate
hazardous waste and the generated waste types and quantities;
[sbull] Describing the management methods by which the waste is
treated, disposed, or recycled and the quantities managed by each
method;
[sbull] Providing information for analysis of trends in waste
generation, waste treatment and disposal, recycling, and source
reduction;
[[Page 12903]]
[sbull] Understanding how much waste a state receives from out of
state or sends out of state; and
[sbull] Estimating available capacity for treating, recycling, and
disposing hazardous wastes.
Additionally, EPA utilizes the Biennial Report information for
planning and developing regulations; regulation development depends on
descriptions and quantities of generated hazardous waste and management
methods used for treatment, recycling, and disposal. The information
allows the Agency to determine whether regulations are having the
desired effect on the generation and management of hazardous waste; for
example, the report provides information on whether the treatment of
wastes has shifted from one method to another. EPA also uses the
information to conduct technical assistance, plan facility inspections,
and carry out regulatory enforcement. States use the information for
many of the same purposes as EPA; other state uses include planning,
setting waste minimization goals, assessing fees, monitoring
compliance, and carrying out enforcement.
EPA and states receive requests for the information from many
public and private organizations including government agencies,
businesses, public interest groups, and interested citizens. Many
requests come from businesses that supply chemicals, equipment, and
services to hazardous waste generators and TSDFs.
3. What Changes Does EPA Plan for the 2003 Hazardous Waste Report?
As discussed in the August 13, 2002 Federal Register Notice, for
the 2003 cycle, EPA plans to use the same Form GM, Form WR, and
instructions that were used in the 2001 Hazardous Waste Report booklet
with some minor changes and updates. We also plan some improvements to
the RCRA Subtitle C Site Identification Form (Site ID Form) that is
part of the booklet, and will clarify how to complete the form. We plan
to have the 2003 Biennial Report forms and instructions booklet
available to the public in midyear 2003.
EPA extensively revised the 2001 Biennial Report . EPA, however,
delayed implementation of two minor changes until the 2003 cycle. The
extensive 2001 revisions were developed through the Waste Information
Needs/Informed (WIN) Initiative. WIN is the multi-year partnership
project of the states, EPA regions, and EPA headquarters for
reengineering the information that supports implementation of the RCRA
hazardous waste program.
Documents about the WIN process and revisions and the 2001 Biennial
Report can be found at:
http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm
http://www.epa.gov/epaoswer/hazwaste/data/brs01/forms.htm
http://www.epa.gov/epaoswer/hazwaste/data/brs01/forms.htm
Changes to Form GM and Form WR
EPA plans to incorporate the two changes that were discussed in the
August 13, 2002 notice: (1) Deletion of the ``RCRA radioactive mixed''
(mixed waste) box on Form GM (Sec. 1.F) and on Form WR (H). In the 2001
Biennial Report, we included ``Mixed Waste (hazardous and radioactive)
Generator'' on the RCRA Subtitle C Site Identification Form under
Hazardous Waste Activities (Item 10.A.1.e). We retained the boxes on
the Form GM and Form WR only for 2001 because the data were needed for
required Department of Energy (DOE) facility reports that are sent to
states. DOE is now using other data sources for those reports.
(2) Addition of a box for ``Country of Origin'' for waste that is
imported into the United States to both the Form GM and Form WR. For
2001 and prior years, the Country of Origin was entered in the ``Off-
site handler EPA ID number'' box on Form WR (Box 1.D); this did not
allow identification of the actual off-site handler's EPA
Identification Number. This addition will identify the off-site
handler, usually the U.S. Importer, on Form WR and will provide the
Country of Origin on both forms.
Revisions to the RCRA Subtitle C Site Identification Form
EPA plans to revise the RCRA Subtitle C Site Identification Form
(Site ID Form) in the 2003 Hazardous Waste Report. This version of the
Site ID Form will soon be implemented in the Notification of Regulated
Waste Activities booklet (Notification) [EPA Form 8700-12] and the RCRA
Hazardous Waste Part A Permit Application booklet (Part A Permit
Application) [EPA Form 8700-23]; OMB recently approved renewals for
both of these data collections. The same Site ID Form is included in
all three data collections; EPA allows respondents to copy the most
recently submitted Site ID Form rather than filling out the entire
blank form. The respondents provide additions, deletions, or other
changes since the previous report on a blank form and completes the
Certification with the appropriate signature in Item 13.
The revisions to the Site ID Form are:
(1) Addition of a facsimile (fax) phone number and electronic mail
(e-mail) address information for ``Site Contact Person'' (Item 8). Many
businesses now communicate by fax and e-mail; these data blocks will
provide space for submitting the information if the respondent would
like to be contacted by fax or e-mail. This fax and e-mail information
is not required for completing Item 8.
(2) Addition of address and phone number information for ``Owner
and Operator'' (Item 9). The instructions advise the respondent to
check with their state to determine if this information is required for
that state's Hazardous Waste Report or Notification submissions.
(3) Addition to the explanation about determining the ``RCRA Site's
North American Industry Classification System (NAICS) Code(s) for the
Site (Item 6). The instructions advise the respondents to check with
their company's business or accounting office to determine which NAICS
code(s) to report. This is because the NAICS codes are used for tax
reports and other business documents. The Bureau of Census made changes
to the list of NAICS codes in 2002 that are reflected in a new table on
their web pages; these web page references have been added.
(4) Changing the ``Regulated Waste Activities'' check boxes on the
Site ID Form (Item 10) from a single box to ``Yes'' and ``No'' boxes.
This change will resolve some confusion about unchecked boxes. States
have commented that a number of 2001 Biennial Report respondents
checked some RCRA Site activities, but failed to check the appropriate
ones for other ongoing activities. States want to be sure that an
activity has actually ceased if it was previously reported for a RCRA
Site.
Completion of the Entire RCRA Subtitle C Site Identification Form
We plan to require respondents to complete all the items for the
Site ID form for the 2003 Biennial Report. For the 2001 Biennial
Report, EPA did not require the respondent to complete the ``Site Land
Type'' (Item 5) or the ``Legal Owner and Operator of the Site'' (Item
9). The respondent completed the ``Hazardous Waste Activities--
Generator of Hazardous'' (Item 10.A.1) as applicable for their RCRA
Site; the respondent marked ``Treater, Storer, or Disposer (at your
site)'' (Item 10.A.3) only if applicable for their site. States
received a lot of questions about these items because respondents were
unclear about what was optional.
States have said that some submitters of the 2001 Biennial Report
provided the site's land type, listed owner and operator, or checked
new activities in
[[Page 12904]]
Item 9, while failing to check ongoing activities. States commented
that they had to spend a lot of time contacting respondents and
correcting the information. States want to be sure that an activity has
ceased if it was previously listed. This partial reporting of the Site
ID information has created confusion and doubts about the quality of
some of the data. Having experienced these problems with the 2001
Biennial Report submissions, states asked EPA to require that
respondents complete the entire Site ID Form. The submission of the
complete Site ID Form for the Biennial Report will provide the current,
complete site information for approximately 22,000 LQGs and 1,300
TSDFs.
4. What Is The Estimated Reporting Burden for the 2003 Hazardous Waste
Report?
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. Based on the changes
discussed above, EPA estimates that the additional time for completing
the Biennial Report would be less than 20 minutes; the estimated
average time for completing the entire report would be about 20 hours.
Based on the 2001 Biennial Report submissions, EPA estimates there will
be 22,100 respondents to the 2003 Biennial Report. The average
reporting burden is estimated at 17.06 hours per respondent, which
includes time for reviewing instructions, gathering data, completing
and reviewing the forms, and submitting the report. The average record
keeping requirement is estimated at 2.49 hours per respondent, which
includes the time for filing and storing the Biennial Report submission
for three years.
We estimate that the 2003 Hazardous Waste Report will impose an
annualized burden of 216,000 hours on the states and the regulated
community and will require an annualized expenditure of $11,266,000.
5. Why Is EPA Requesting Comments?
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, which indicates OMB approval. The
OMB control numbers for EPA's regulations are listed in 40 CFR Part 9
and 48 CFR Chapter 15. Before submitting this ICR to OMB for review and
approval, we are again asking for comments on this information
collection. The Agency solicits comments which will help it to:
(1) 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;
(2) enhance the quality, utility, and clarity of the information to
be collected;
(3) 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; and
(4) 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.
Dated: March 12, 2003.
Robert Springer,
Director, Office of Solid Waste.
[FR Doc. 03-6463 Filed 3-17-03; 8:45 am]
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