Response
to
Comment
Document
for
EPA
ICR
No.
1387.07,
RCRA­
2003­
0008;
FRL­
7545­
8
Re:
Agency
Information
Collection
Activities;
Submission
of
EPA
ICR
No.
1387.07
(
OMB
No.
2050­
0122)
to
OMB
for
Review
and
Approval;
Comment
Request;
Recordkeeping
and
Reporting
for
40
CFR
Part
258­
Solid
waste
Disposal
Facilities
and
Practices.

Dear
EDOCKET,

This
is
a
response
on
the
one
comment
EDOCKET
received
on
or
before
September
18,
2003.
The
Federal
Register
announcement
mentioned
above
was
a
request
to
renew
an
existing
approved
collection
that
expired
on
August
31,
2003.
This
ICR
asked
for
comments
to
the
Agency's
request
for
owners/
operators
of
municipal
solid
waste
landfills
(
MSWLFs)
that
must
comply
with
the
final
reporting
and
recordkeeping
requirements
of
40
CFR
Part
258.
In
complying
with
40
CFR
Part
258,
the
owners/
operators
are
required
to
record
information
in
the
facility
operating
record,
pursuant
to
§
258.29,
as
it
becomes
available.
The
operating
record
must
be
supplied
to
the
State
as
requested
until
the
end
of
the
post­
closure
care
period
of
the
MSWLF.
The
information
collected
will
be
used
by
the
State
Director
to
confirm
owner/
operator
compliance
with
the
regulations
under
Part
258.

The
commenter
objects
to
the
ICR
because
the
commenter
believes
the
ICR
is
"
woefully
inadequate"
for
three
reasons.

First,
the
commenter
believes
that
the
Agency
must
supply
the
States
all
records
in
all
cases.
This
is
clearly
out
of
scope
with
the
intent
of
the
ICR
and
has
no
merit.
§
258.29
defines
all
recordkeeping
requirements.

Second,
the
commenter
believes
the
Agency
should
supply
a
safety
related
data
base
to
each
State
Agency.
This
Agency
and
specifically
this
ICR
does
not
address
key
safety
related
issues
that
fall
outside
of
the
scope
of
Part
258,
mainly
the
protection
of
human
health
and
the
environment.

Third,
the
commenter
claims
that
current
landfill
regulations
are
"
fundamentally
flawed".
This
is
not
the
proper
forum
for
this
objection.
Once
again,
this
ICR
is
only
for
recordkeeping
and
reporting,
not
the
evaluation
of
design
and
performance
of
landfills.
