[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Pages 20072-20073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09605]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0013, FRL-9977-63-OEI]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Revisions to the RCRA Definition 
of Solid Waste (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an

[[Page 20073]]

information collection request (ICR), Revisions to the RCRA Definition 
of Solid Waste (EPA ICR No. 2310.06, OMB Control No. 2050-0202) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. This is a proposed 
extension of the ICR, which is currently approved through April 30, 
2018. Public comments were previously requested via the Federal 
Register on February 26, 2018 during a 60-day comment period. This 
notice allows for an additional 30 days for public comments. A fuller 
description of the ICR is given below, including its estimated burden 
and cost to the public. 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.

DATES: Additional comments may be submitted on or before June 6, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0013, to (1) EPA, either online using www.regulations.gov (our 
preferred method), or by email to [email protected], or by mail to: 
RCRA Docket (2822T), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington, DC 20460; and (2) OMB via email to 
[email protected]. Address comments to OMB Desk Officer for 
EPA.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Tracy Atagi, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 703-308-8672; fax number: 703-308-8880; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in 
detail the information that the EPA will be collecting, are available 
in the public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: In 2015, the EPA published final revisions to the 
definition of solid waste that exclude certain hazardous secondary 
materials from regulation. The information requirements help ensure 
that (1) entities operating under the regulatory exclusions contained 
in today's action are held accountable to the applicable requirements; 
(2) state inspectors can verify compliance with the restrictions and 
conditions of the exclusions when needed; and (3) hazardous secondary 
materials exported for recycling are actually handled as commodities 
abroad. The United States Court of Appeals for the District of Columbia 
Circuit on July 7, 2017, and amended on March 6, 2018, issued orders 
vacating certain provisions of the 2015 rule and reinstated 
corresponding provisions from the 2008 rule. The vacatur went into 
effect when the court issued its mandate on March 14, 2018. Paperwork 
requirements finalized in the 2015 rule, as amended by the court-issued 
mandate, include:
     Under the generator-controlled exclusion at 40 CFR 
261.4(a)(23), the tolling contractor has to maintain at its facility 
for no less than three years records of hazardous secondary materials 
received pursuant to its written contract with the tolling 
manufacturer, and the tolling manufacturer must maintain at its 
facility for no less than three years records of hazardous secondary 
materials shipped pursuant to its written contract with the tolling 
contractor. In addition, facilities performing the recycling of 
hazardous secondary materials under the generator-controlled exclusions 
at 40 CFR 261.4(a)(23) to maintain documentation of their legitimacy 
determination onsite.
     Under the transfer-based exclusion at 40 CFR 261.4(a)(24), 
a generator sending secondary hazardous materials to a facility that 
does not have a permit, would be required to conduct a ``reasonable 
efforts'' environmental audit of the receiving facility; and a 
hazardous secondary materials recycler must meet the following 
conditions: having financial assurance in place, having trained 
personnel, and meeting emergency preparedness and response conditions.
     Under the export requirements of the transfer-based 
exclusion at 40 CFR 261.4(a)(25), exporters of hazardous secondary 
material must provide notice and obtain consent of the receiving 
country, and file an annual report.
     Under the remanufacturing exclusion at 40 CFR 
261.4(a)(27), both the hazardous secondary material generator and the 
remanufacturer must maintain records of shipments and confirmations of 
receipts for a period of three years from the dates of the shipments.
     Under the revised speculative accumulation requirement in 
261.1(c)(8), all persons subject to the speculative accumulation 
requirements must label the storage unit by indicating the first date 
that the material began to be accumulated.
    This ICR renewal does not include the burden associated with 
filling out form 8700-12 because that burden is included under OMB 
Control Number 2050-0024. The remaining burden will eventually be 
included in ICR 2050-0053, at which time this ICR will be discontinued.
    Form Numbers: None.
    Respondents/affected entities: Private business or other for-profit 
entities, as well as State, Local, or Tribal governments.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (42 U.S.C. 6921, 6922, 6923, and 6924).
    Estimated number of respondents: 7,674.
    Frequency of response: On occasion.
    Total estimated burden: 34,883 hours per year. Burden is defined at 
5 CFR 1320.03(b).
    Total estimated cost: $2,752,557 (per year), which includes $15,475 
annualized capital or operation & maintenance costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-09605 Filed 5-4-18; 8:45 am]
 BILLING CODE 6560-50-P


