
[Federal Register: June 10, 2008 (Volume 73, Number 112)]
[Notices]               
[Page 32703-32704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn08-38]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2008-0463, FRL-8577-7]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; RCRA Expanded Public Participation; EPA ICR No. 
1688.06, OMB Control No. 2050-0149

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 October 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 August 11, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0463, 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 (2822T), 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-
2008-0463. 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: Norma Abdul-Malik, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 703-308-8753; fax number: 703-308-8617; e-mail 
address: abdul-malik.norma@epamail.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-2008-0463, 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 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 32704]]

    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 
businesses and other for-profit as well as State, local, or tribal 
governments.
    Title: RCRA Expanded Public Participation.
    ICR numbers: EPA ICR No. 1688.06, OMB Control No. 2050-0149.
    ICR status: This ICR is currently scheduled to expire on October 
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: Section 7004(b) of RCRA gives EPA broad authority to 
provide for, encourage, and assist public participation in the 
development, revision, implementation, and enforcement of any 
regulation, guideline, information, or program under RCRA. In addition, 
the statute specifies certain public notices (i.e., radio, newspaper, 
and a letter to relevant agencies) that EPA must provide before issuing 
any RCRA permit. The statute also establishes a process by which the 
public can dispute a permit and request a public hearing to discuss it. 
EPA carries out much of its RCRA public involvement at 40 CFR parts 124 
and 270.
    In 1995, EPA expanded the public participation requirements under 
the RCRA program by promulgating the RCRA Expanded Public Participation 
Rule (60 FR 63417; December 11, 1995). The rule responded to calls by 
the Administration and stakeholders (e.g., States and private citizens) 
to provide earlier and better public participation in EPA's permitting 
programs, including procedures for more timely information sharing. In 
particular, the rule requires earlier public involvement in the 
permitting process (e.g., pre-application meetings), expanded public 
notice for significant events (e.g., notices of upcoming trial burns), 
and more opportunities for the exchange of permitting information 
(e.g., information repository).
    The required activities and information are needed to help assure 
timely and effective public participation in the permitting process. 
The requirements are intended to provide equal access to information to 
all stakeholders in the permitting process: the permitting agency, the 
permit applicant, and the community where a facility is located. Some 
facilities may be required to develop information repositories to allow 
for expanded public participation and access to detailed facility 
information as part of the permitting process.
    EPA sought to reduce the reporting frequency to the minimum that is 
necessary to ensure compliance with the rule. It would not be possible 
to collect this information less frequently and still assure that the 
requirements of permit and public involvement regulations are met by 
owners or operators. The reporting frequency is essential to assure 
that any changes in the trial burn plans or in the anticipated permit 
application contents are made known to EPA and to the public.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 91 
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: 33.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 3,005 hours.
    Estimated total annual costs: $3,409, which includes $546 
annualized capital and $2,863 O&M 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: May 27, 2008.
Matthew Hale,
Director, Office of Solid Waste.
[FR Doc. E8-12999 Filed 6-9-08; 8:45 am]

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