[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53562-53564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se07-70]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-RCRA-2007-0903, FRL-8469-7]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Requirements and Exemptions for Specific RCRA Wastes;
EPA ICR No. 1597.08, OMB Control No. 2050-0145
AGENCY: Environmental Protection Agency, (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on February 29, 2008. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below. The
Agency is considering combining the Used Oil Management Standards
Recordkeeping and Reporting Requirements ICR (EPA ICR No. 1286.07, OMB
Control No. 2050-0124) into this ICR. That ICR is not scheduled to
expire until March 31, 2009.
DATES: Comments must be submitted on or before November 19, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2007-0903, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: rcra-docket@epa.gov.
Fax: 202-566-9744.
Mail: RCRA Docket (5305T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Hand Delivery: 1301 Constitution Ave., NW., Room 3334,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2007-0903. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations Web site is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured
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and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Tab Tesnau, Office of Solid Waste
(mail code 5303P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: 703-605-0636; fax
number: 703-308-8617; E-mail address: tesnau.tab@epa.gov.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2007-0903, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the RCRA Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 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 RCRA Docket is (202) 566-0270.
Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the 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 in this document.
What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
What Should I Consider When I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Offer alternative ways to improve the collection activity.
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
What Information Collection Activity or ICR Does This Apply To?
Affected entities: Entities potentially affected by this action are
Business, Farms, State, Local, or Tribal Governments.
Title: Requirements and Exemptions for Specific RCRA Wastes.
ICR numbers: EPA ICR No. 1597.08, OMB Control No. 2050-0145.
ICR status: This ICR is currently scheduled to expire on February
29, 2008. 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 title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
Abstract: In the 1976 Resource Conservation and Recovery Act
(RCRA), as amended, Congress directs the U.S. Environmental Protection
Agency (EPA) to develop and administer a comprehensive program for the
safe management and disposal of hazardous waste. In 1980, EPA
promulgated regulations in 40 CFR parts 261-265 to comply with RCRA.
EPA has since added to these regulations on many occasions. This ICR
concerns two such additions.
In 1995, EPA promulgated regulations in 40 CFR part 273 that govern
the collection and management of widely-generated hazardous wastes
known as ``Universal Wastes''. Universal Wastes are wastes that are
generated in non-industrial settings by a vast community, and are
present in non-hazardous waste management systems. Examples of
Universal Wastes include certain batteries, pesticides, mercury-
containing lamps and thermostats. The part 273 regulations are designed
to separate Universal Waste from the municipal wastestream by
encouraging individuals and organizations to collect these wastes and
to manage them in an appropriate hazardous waste management system. EPA
distinguishes two types of handlers of Universal Wastes: Small quantity
handlers of Universal Waste (SQHUW) and large quantity handlers of
Universal Waste (LQHUW). SQHUWs do not accumulate more than 5,000 kg of
any one category of Universal Waste at one time, while LQHUWs may
accumulate quantities at or above this threshold. More stringent
requirements are imposed on LQHUWs because of greater potential
environmental risks.
In 2001, EPA promulgated regulations in 40 CFR part 266 that
provide increased flexibility to facilities managing wastes commonly
known as ``Mixed Waste''. Mixed Waste are low-level mixed waste (LLMW),
and naturally occurring and/or accelerator-produced radioactive
material (NARM) containing hazardous waste. These wastes are also
regulated by the Atomic Energy Act. As long as specified eligibility
criteria and conditions are met, LLMW and NARM are exempt from the
definition of hazardous waste as
[[Page 53564]]
defined in part 261. Although these eligible wastes are exempted from
RCRA manifest, transportation, and disposal requirements, they must
still comply with the manifest, transportation, and disposal
requirements under the NRC (or NRC-Agreement State) regulations. There
are two conditional exemptions. The Storage and Treatment Conditional
Exemption applies to any generator of LLMW who is licensed by NRC or an
NRC Agreement State to manage radioactive materials. This exemption is
available only to LLMW generated under a single NRC or NRC Agreement
State license. LLMW generators must notify EPA of the LLMW storage
units for which they are claiming an exemption, and must meet the
conditions listed in Sec. 266.230. This exemption is valid as long as
the Mixed Waste meets the conditions, remains in a conditionally exempt
storage unit, and is subject to NRC regulation.
The Transportation and Disposal Conditional Exemption from the
definition of hazardous waste applies to generators and treaters who
send their treated waste to a commercial low-level radioactive waste
disposal facility (LLRWDF) licensed by NRC or NRC Agreement State. The
eligible LLMW or NARM waste would be exempted from RCRA Subtitle C once
it is placed on the transportation vehicle bound for disposal at the
LLRWDF. The waste could then be transported to the LLRWDF as strictly
radioactive waste using an NRC Uniform LLW Manifest. Generators and
treaters under the exemption must undertake the information collection
requirements listed in Sec. 266.345.
In 1992, EPA finalized management standards for used oils destined
for recycling (see 40 CFR part 279). To document and ensure proper
handling of used oil, these regulations establish notification,
testing, tracking and recordkeeping requirements for used oil
transporters, processors, re-refiners, marketers, and burners. They
also set standards for the prevention and cleanup of releases to the
environment during storage and transit, and for the safe closure of
storage units and processing and re-refining facilities to mitigate
future releases and damages. EPA believes these requirements minimize
potential hazards to human health and the environment from the
potential mismanagement of used oil by used oil handlers, while
providing for the safe recycling of used oil. Information from these
information collection requirements is used to ensure compliance with
the Used Oil Management Standards in 40 CFR part 279.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 2
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 which have subsequently changed; 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.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 121,422.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
1.02.
Estimated total annual burden hours: 653,520.
Estimated total annual costs: $34,208,000. This includes an
estimated labor burden cost of $24,193,000 and an estimated cost of
$10,015,000 for capital investment or maintenance and operational
costs.
What Is the Next Step in the Process for This ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
Dated: September 11, 2007.
Matthew Hale,
Director, Office of Solid Waste.
[FR Doc. 07-4643 Filed 9-18-07; 8:45 am]
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