
[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]               
[Page 48263-48264]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se09-79]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2009-0318, FRL-8959-8]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Land Disposal Restrictions `No-Migration' Variances, 
EPA ICR Number 1353.09, OMB Control Number 2050-0062

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, 2010. 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 23, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2009-0318, 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-
2009-0318. 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: Peggy Vyas, Office of Resource 
Conservation and Recovery (mailcode 5303P), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: 703-308-5477; fax number: 703-308-8433; e-mail address: 
vyas.peggy@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-2009-0318, 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

[[Page 48264]]

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.
    Title: Land Disposal Restrictions `No-Migration' Variances.
    ICR numbers: EPA ICR No. 1353.09, OMB Control No. 2050-0062.
    ICR status: This ICR is currently scheduled to expire on January 
31, 2010. 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: To receive a variance from the hazardous waste land 
disposal prohibitions, owner/operators of hazardous waste storage or 
disposal facilities may petition the Environmental Protection Agency to 
allow land disposal of a specific restricted waste at a specific site. 
The EPA Regional Offices will review the petitions and determine if 
they successfully demonstrate ``no migration.'' The applicant must 
demonstrate that hazardous wastes can be managed safely in a particular 
land disposal unit, so that ``no migration'' of any hazardous 
constituents occurs from the unit for as long as the waste remains 
hazardous. If EPA grants the variance, the waste is no longer 
prohibited from land disposal in that particular unit. If the owner/
operator fails to make this demonstration, or chooses not to petition 
for the variance, best demonstrated available technology (BDAT) 
requirements of 40 CFR 268.40 must be met before the hazardous wastes 
are placed in a land disposal unit. This ICR will be merged with ICR 
No. 1442.19, the Land Disposal Restrictions ICR, when it is renewed 
next year.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 3,168 
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: 1.
    Frequency of response: once.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 3,168 hours.
    Estimated total annual costs: $0. This includes an estimated burden 
cost of $0 and an estimated cost of $0 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, 2009.
Matt Hale,
Director, Office of Resource Conservation and Recovery.
[FR Doc. E9-22804 Filed 9-21-09; 8:45 am]

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