

[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

[[Page 53563]]

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]

BILLING CODE 6560-50-M
