
[Federal Register: March 13, 2009 (Volume 74, Number 48)]
[Notices]               
[Page 10909-10911]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr09-50]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2008-0911, FRL-8780-9]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Notification of Regulated Waste Activity (Renewal), 
EPA ICR Number 0261.16, OMB Control Number 2050-0028

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 June 30, 2009. 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 May 12, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2008-0911, 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-
2008-0911. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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: Toshia King, Office of Solid Waste, 
mailcode 5303W, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 703-308-7033; fax 
number: 703-308-8617; e-mail address: king.toshia@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-2008-0911, 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

[[Page 10910]]

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 or other for-profit as well as State, Local, or Tribal 
governments.
    Title: Notification of Regulated Waste Activity (Renewal).
    ICR numbers: EPA ICR No. 0261.16, OMB Control No. 2050-0028.
    ICR status: This ICR is currently scheduled to expire on June 30, 
2009. 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 3010 of Subtitle C of RCRA, as amended, requires 
any person who generates or transports regulated waste or who owns or 
operates a facility for the treatment, storage, or disposal (TSD) of 
regulated waste to notify EPA of their activities, including the 
location and general description of activities and the regulated wastes 
handled. The facility is then issued an EPA Identification number. The 
facilities are required to use the Notification Form (EPA Form 8700-12) 
to notify EPA of their hazardous waste activities. EPA needs this 
information to determine the universe of persons who generate, handle, 
and manage these regulated wastes; assign EPA Identification Numbers; 
and ensure that these regulated wastes are managed in a way that 
protects human health and the environment, as required by RCRA, as 
amended.
    EPA enters notification information submitted by respondents into 
the EPA National data base and assigns EPA Identification Numbers. EPA 
uses the information primarily for tracking purposes, and secondarily 
for a variety of enforcement and inspection purposes. In addition, EPA 
uses this information to identify the universe of regulated waste 
generators, handlers, and managers and their specific regulated waste 
activities. Finally, EPA uses this information to ensure that regulated 
waste is managed properly, that statutory provisions are upheld, and 
that regulations are adhered to by facility owners or operators.
    Section 3007(b) of RCRA and 40 CFR part 2, subpart B, which defines 
EPA's general policy on public disclosure of information, both contain 
provisions for confidentiality. However, the Agency does not anticipate 
that businesses will assert a claim of confidentiality covering all or 
part of the Notification of Regulated Waste Activity. If such a claim 
were asserted, EPA must and will treat the information in accordance 
with the regulations cited above. EPA also will assure that this 
information collection complies with the Privacy Act of 1974 and OMB 
Circular 108.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 2 
hours per response for the initial notification, and 1 hour per 
response for any subsequent notifications. 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: 55,915.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 100,307 hours.
    Estimated total annual costs: $9,690,000, includes $0 annualized 
capital costs and $235,000 annualized O&M costs and $9,455,000 annual 
labor 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

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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: March 5, 2009.
James R. Berlow,
Acting Director, Office of Resource Conservation and Recovery.
 [FR Doc. E9-5529 Filed 3-12-09; 8:45 am]

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