[Federal Register: July 5, 2005 (Volume 70, Number 127)]
[Notices]
[Page 38677-38679]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy05-54]
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ENVIRONMENTAL PROTECTION AGENCY
[RCRA-2004-0020, FRL-7932-7]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request; State Program Adequacy Determination:
Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-
Hazardous Waste Disposal Units That Receive Conditionally Exempt Small
Quantity Generator (CESQG) Hazardous Waste (Renewal), EPA ICR Number
1608.04, OMB Control Number 2050-0152
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 an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR is scheduled to expire on June 30, 2005.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
This ICR describes the nature of the information collection and its
estimated burden and cost.
DATES: Additional comments may be submitted on or before August 4,
2005.
ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0020, to (1) 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, EPA Docket Center, Environmental
Protection Agency, Mail Code 5303T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) 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.
FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Municipal and
Industrial Solid Waste Division of the Office of Solid Waste (Mail Code
5306W), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 308-9037; fax number:
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12.
[[Page 38678]]
On January 4, 2005 (70 FR 356), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments.
EPA has established a public docket for this ICR under Docket ID
No. RCRA-2004-0020, which is available for public viewing at the Office
of Solid Waste and Emergency Response (OSWER) 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 OSWER Docket is (202) 566-0270. An
electronic version of the public docket is available through EPA
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to submit
or view public comments, access the index listing of the contents of
the public docket, and to access those documents in the public docket
that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified above.
Any comments related to this ICR should be submitted to EPA and OMB
within 30 days of this notice. EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing in EDOCKET as EPA receives them and without change,
unless the comment contains copyrighted material, CBI, or other
information whose public disclosure is restricted by statute. 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 claimed as
CBI, or whose disclosure is otherwise restricted 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 go to http://www.epa.gov/edocket
.
Title: State Program Adequacy Determination: Municipal Solid Waste
Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal
Units that Receive Conditionally Exempt Small Quantity Generator
(CESQG) Hazardous Waste (Renewal).
Abstract: Section 4010(c) of the Resource Conservation and Recovery
Act (RCRA) of 1976 requires that EPA revise the landfill criteria
promulgated under paragraph (1) of section 4004(a) and section
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid
Waste Amendments (HSWA) of 1984, requires states to develop and
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste
or CESQG hazardous waste are in compliance with the revised criteria
for the design and operation of non-municipal, non-hazardous waste
disposal units under 40 CFR part 257, and MSWLFs under 40 CFR part 258.
(40 CFR part 257, subpart B and 40 CFR part 258 are henceforth referred
to as the ``revised federal criteria''.) Section 4005(c) of RCRA
further mandates the EPA Administrator to determine the adequacy of
state permit programs to ensure owner and/or operator compliance with
the revised federal criteria. A state program that is deemed adequate
to ensure compliance may afford flexibility to owners or operators in
the approaches they use to meet federal requirements, significantly
reducing the burden associated with compliance.
In response to the statutory requirement in section 4005(c), EPA
developed 40 CFR part 239, commonly referred to as the State
Implementation Rule (SIR). The SIR describes the state application and
EPA review procedures and defines the elements of an adequate state
permit program.
The collection of information from the state during the permit
program adequacy determination process allows EPA to evaluate whether a
program for which approval is requested is appropriate in structure and
authority to ensure owner or operator compliance with the revised
federal criteria. The SIR does not require the use of a particular
application form. Section 239.3 of the SIR, however, requires that all
state applications contain the following five components:
(1) A transmittal letter requesting permit program approval.
(2) A narrative description of the state permit program, including
a demonstration that the state's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are
technically comparable to the part 257, subpart B criteria and/or that
its MSWLF standards are technically comparable to the part 258
criteria.
(3) A legal certification demonstrating that the state has the
authority to carry out the program.
(4) Copies of state laws, regulations, and guidance that the state
believes demonstrate program adequacy.
(5) Copies of relevant state-tribal agreements if the state has
negotiated with a tribe for the implementation of a permit program for
non-municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste and/or MSWLFs on tribal lands.
The EPA Administrator has delegated the authority to make
determinations of adequacy, as contained in the statute, to the EPA
Regional Administrator. The appropriate EPA Regional Office, therefore,
will use the information provided by each state to determine whether
the state's permit program satisfies the statutory test reflected in
the requirements of 40 CFR part 239. In all cases, the information will
be analyzed to determine the adequacy of the state's permit program for
ensuring compliance with the federal revised criteria.
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 in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 242
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
Respondents/Affected Entities: States and territories that seek
approval of new or modified permit programs for MSWLF's and for non-
municipal, non-hazardous waste disposal units that receive CESQG waste.
Estimated Number of Respondents: 12.
[[Page 38679]]
Frequency of Response: One-time only.
Estimated Total Annual Hour Burden: 968.
Estimated Total Annual Costs: $47,249, which includes $0 annualized
Capital Expense/Startup, $0 annual O&M costs, and $47,249 in Respondent
Labor costs.
Changes in the Estimates: There is a decrease of 2,221 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is due to several reasons. For the
first ICR renewal all mention of burden estimates for tribes which were
contained in the original ICR were removed. In addition, since the last
clearance, additional states and territories have been moving through
the approval process for their MSWLF permit program adequacy
determinations has decreased from 3 to 2. Also EPA estimates the number
of states and territories that will submit program approval
applications for non-municipal, non-hazardous waste disposal units that
receive CESQG hazardous waste will decrease. And lastly, the previous
ICR included the Federal Burden which is exempt from the Paperwork
Reduction Act.
Dated: June 27, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-13169 Filed 7-1-05; 8:45 am]
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