[
Federal
Register:
October
12,
2004
(
Volume
69,
Number
196)]
[
Notices]
[
Page
60621­
60623]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr12oc04­
49]

=======================================================================
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ENVIRONMENTAL
PROTECTION
AGENCY
[
RCRA­
2004­
0007;
FRL­
7826­
5
]

Agency
Information
Collection
Activities;
Submission
to
OMB
for
Review
and
Approval;
Comment
Request;
Identification,
Listing
and
Rulemaking
Petitions
(
Renewal),
EPA
ICR
Number
1189.14,
OMB
Control
Number
2050­
0053
AGENCY:
Environmental
Protection
Agency.

ACTION:
Notice.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

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
November
30,
2004.
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
expected
burden
and
cost.

DATES:
Additional
comments
may
be
submitted
on
or
before
November
12,
2004.

ADDRESSES:
Submit
your
comments,
referencing
docket
ID
number
RCRA­
2004­
0007,
to
(
1)
EPA
online
using
EDOCKET
(
our
preferred
method),
by
email
to
rcra­
docket@
epa.
gov,
or
by
mail
to:
EPA
Docket
Center,
Environmental
Protection
Agency,
Resource
Conservation
and
Recovery
Act
(
RCRA)
Docket,
Mail
Code
5305T,
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:
Narendra
Chaudhari,
Office
of
Solid
Waste,
Mail
Code
5304W,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
703)
308­
0454;
fax
number:
(
703)
308­
0514;
email
address:
chaudhari.
narendra@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
EPA
has
submitted
the
following
ICR
to
OMB
for
review
and
approval
according
to
the
procedures
prescribed
in
5
CFR
1320.12.
On
June
10,
2004
(
69
FR
32545),
EPA
sought
comments
on
this
ICR
pursuant
to
5
CFR
1320.8(
d).
EPA
received
no
comments
on
this
ICR.
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
number
RCRA­
2004­
0007,
which
is
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.
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,
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,
Confidential
Business
Information
(
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
[[
Page
60622]]

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/
epadocket.

Title:
Identification,
Listing
and
Rulemaking
Petitions
(
Renewal).
Abstract:
Under
40
CFR
260.20(
b),
all
rulemaking
petitioners
must
submit
basic
information
with
their
demonstrations,
including
name,
address,
and
statement
of
interest
in
the
proposed
action.
Under
Sec.
260.21,
all
petitioners
for
equivalent
testing
or
analytical
methods
must
include
specific
information
in
their
petitions
and
demonstrate
to
the
satisfaction
of
the
Administrator
that
the
proposed
method
is
equal
to,
or
superior
to,
the
corresponding
method
in
terms
of
its
sensitivity,
accuracy,
and
reproducibility.
Under
Sec.
260.22,
petitions
to
amend
part
261
to
exclude
a
waste
produced
at
a
particular
facility
(
more
simply,
to
delist
a
waste)
must
meet
extensive
informational
requirements.
When
a
petition
is
submitted,
the
Agency
reviews
materials,
deliberates,
publishes
its
tentative
decision
in
the
Federal
Register,
and
requests
public
comment.
EPA
also
may
hold
informal
public
hearings
(
if
requested
by
an
interested
person
or
at
the
discretion
of
the
Administrator)
to
hear
oral
comments
on
its
tentative
decision.
After
evaluating
all
comments,
EPA
publishes
its
final
decision
in
the
Federal
Register.
40
CFR
260.30­
260.31,
and
260.33
comprise
the
standards,
criteria,
and
procedures
for
variances
from
classification
as
a
solid
waste
for
three
types
of
materials,
materials
that
are
collected
speculatively
without
sufficient
amounts
being
recycled;
materials
that
are
reclaimed
and
then
reused
within
the
original
primary
production
process
in
which
they
were
generated;
and
materials
which
have
been
reclaimed,
but
must
be
reclaimed
further
before
the
materials
are
completely
recovered.
Under
40
CFR
260.32
and
260.33
are
regulations
governing
the
procedures
and
criteria
for
obtaining
a
variance
for
classification
as
a
boiler.
This
variance
is
available
to
owners
or
operators
of
enclosed
flame
combustion
devices.
40
CFR
261.3
and
261.4
contain
provisions
that
allow
generators
to
obtain
a
hazardous
waste
exclusion
for
certain
types
of
wastes.
Facilities
applying
for
these
exclusions
must
submit
a
notification,
or
supporting
information
and/
or
keep
detailed
records.
Under
Sec.
261.3(
a)(
2)(
iv),
generators
may
obtain
a
hazardous
waste
exclusion
for
wastewater
mixtures
subject
to
Clean
Water
Act
regulation.
Under
Sec.
261.3(
c)(
2)(
ii)(
C),
generators
may
obtain
an
exclusion
for
certain
nonwastewater
residues
resulting
from
high
temperature
metals
recovery
(
HTMR)
processing
of
K061,
K062
and
F006
waste.
Also,
under
Sec.
261.4(
a)(
20)(
ii)(
A),
generators
and
intermediate
handlers
may
obtain
a
hazardous
waste
exclusion
for
zinc­
bearing
hazardous
secondary
materials
that
are
to
be
incorporated
into
zinc
fertilizers.
In
addition,
under
Sec.
261.4(
b)(
6),
generators
of
chromium­
containing
waste
may
obtain
a
hazardous
waste
exclusion
under
certain
conditions.
Also
addressed
under
this
section
is
the
shipment
of
samples
between
generators
and
laboratories
for
the
purpose
of
testing
to
determine
their
characteristics
or
composition.
Sample
handlers
who
are
not
subject
to
the
Department
of
Transportation
(
DOT)
or
the
United
States
Postal
Service
(
USPS)
shipping
requirements
must
comply
with
the
information
requirements
of
Sec.
261.4(
d)(
2).
When
intended
for
treatability
studies,
hazardous
waste
otherwise
subject
to
regulation
under
Subtitle
C
of
the
Resource
Conservation
and
Recovery
Act
(
RCRA)
is
exempted
from
these
regulations,
provided
that
the
requirements
in
Sec.
261.4(
e)­(
f)
are
met,
including
the
following
information
requests:
initial
notification,
record
keeping,
reporting,
and
final
notification.
In
addition,
generators
and
collectors
of
treatability
study
samples
also
may
request
quantity
limit
increases
and
time
extensions,
as
specified
in
Sec.
261.4(
e)(
3).
40
CFR
261.31(
b)(
2)(
ii)
governs
procedures
and
informational
requirements
for
generators
and
treatment,
storage
and
disposal
facilities
to
obtain
exemptions
from
listing
as
F037
and
F038
wastes.
Also
under
this
section
are
regulations
promulgated
in
1990
under
Sec.
261.35(
b)
and
(
c)
governing
procedures
and
information
requirements
for
the
cleaning
or
replacement
of
all
process
equipment
that
may
have
come
into
contact
with
chlorophenolic
formulations
or
constituents
thereof,
including,
but
not
limited
to,
treatment
cylinders,
sumps,
tanks,
piping
systems,
drip
pads,
fork
lifts,
and
trams.
EPA
anticipates
that
some
data
provided
by
respondents
will
be
claimed
as
Confidential
Business
Information
(
CBI).
Respondents
may
make
a
business
confidentiality
claim
by
marking
the
appropriate
data
as
CBI.
Respondents
may
not
withhold
information
from
the
Agency
because
they
believe
it
is
confidential.
Information
so
designated
will
be
disclosed
by
EPA
only
to
the
extent
set
forth
in
40
CFR
part
2.
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
varies
depending
on
the
type
of
petition
or
demonstration.
For
example,
it
is
estimated
that
the
average
reporting
burden
per
respondent
ranges
from
0.00
hours
(
equipment
cleaning
and
replacement)
to
788
hours
(
preparation
of
a
delisting
petition).
The
average
recordkeeping
burden
per
respondent
ranges
from
63.75
hours
(
equipment
cleaning
and
replacement)
to
1.75
hours
(
delisting
petition).
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:
Business.
Estimated
Number
of
Respondents:
155.
Frequency
of
Response:
Varies.
Estimated
Total
Annual
Hour
Burden:
21,511
hours.
Estimated
Total
Annualized
Cost
Burden:
$
2,206,000,
includes
$
895,000
annualized
capital/
startup
or
O&
M
costs.
Changes
in
the
Estimates:
There
is
an
increase
of
701
hours
in
the
total
estimated
burden
currently
identified
in
the
OMB
Inventory
of
Approved
ICR
Burdens.
This
increase
is
due
primarily
to
respondents
submitting
a
greater
number
of
relatively
more
complex
delisting
petitions
to
EPA,
which
[[
Page
60623]]

require
collection
of
additional
information
and
more
time
to
prepare
the
petitions.
The
burden
increase
is
an
adjustment
to
the
existing
estimates
based
on
data
gathered
through
consultations
with
EPA
Regional
Offices
and
the
regulated
community
and
not
a
result
of
program
changes.

Dated:
September
28,
2004.
Oscar
Morales,
Director,
Collection
Strategies
Division.
[
FR
Doc.
04­
22872
Filed
10­
8­
04;
8:
45
am]

BILLING
CODE
6560­
50­
P
