

[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Notices]               
[Page 51439-51441]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se07-65]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2007-0418, FRL-8465-1]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Identification, Listing and Rulemaking Petitions 
(Renewal); EPA ICR No. 1189.20, OMB Control No. 2050-0053

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 January 31, 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.

DATES: Comments must be submitted on or before November 6, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2007-0418, 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-
2007-0418. 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.gov 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 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: Chichang Chen, Office of Solid Waste, 
(5304P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 703-308-0441; fax number: 703-
308-0514; e-mail address: chen.chichang@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-2007-0418, 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.

[[Page 51440]]

    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 
in the private sector.
    Title: Identification, Listing and Rulemaking Petitions (Renewal).
    ICR numbers: EPA ICR No. 1189.20, OMB Control No. 2050-0053.
    ICR status: This ICR is currently scheduled to expire on January 
31, 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: 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 non-
wastewater 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 DOT or 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 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.
    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 
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: 37,690.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 75,929.
    Estimated total annual costs: $10,243,000. This includes an 
estimated $1,311,000 in labor costs and an estimated $8,932,000 for 
capital investments and operation and maintenance costs.

[[Page 51441]]

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: August 10, 2007.
Matthew Hale,
Director, Office of Solid Waste.
 [FR Doc. E7-17690 Filed 9-6-07; 8:45 am]

BILLING CODE 6560-50-P
