
[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]               
[Page 77072-77074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de08-108]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0049]

 
Hazardous Waste Operations and Emergency Response (HAZWOPER); 
Extension of the Office of Management and Budget's (OMB) Approval of 
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

[[Page 77073]]


ACTION: Request for public comment.

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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB 
approval of the information collection requirements contained in the 
Standard on Hazardous Waste Operations and Emergency Response 
(HAZWOPER) (29 CFR 1910.120). Section 126(e) of the ``Superfund 
Amendments and Reauthorization Act of 1986'' (SARA) (Pub. L. 99-499) 
which became law on October 17, 1986, required the Secretary of Labor, 
pursuant to Section 6 of the Occupational Safety and Health Act of 1970 
(the Act), to promulgate standards for the safety and health protection 
of employees engaged in hazardous waste operations and emergency 
response. Section 126(b) lists 11 employee protection provisions that 
the Secretary of Labor had to include in OSHA's final standard. Those 
provisions require OSHA to address the preparation of various written 
programs, plans and records; the training of employees; the monitoring 
of airborne hazards; the conduct of medical surveillance; and the 
distribution of information to employees. The provisions also require 
the collection of information from employers engaged in hazardous waste 
operations and their emergency response to such operations. The final 
standard covers the provisions mandated in SARA.

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 17, 2009.

ADDRESSES:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0049, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2008-0049) for the Information Collection Request 
(ICR). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information 
collection requirements in accordance with the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, collection instruments are clearly understood, and OSHA's 
estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 
et seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the Act or for developing information 
regarding the causes and prevention of occupational injuries, 
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires 
that OSHA obtain such information with minimum burden upon employers, 
especially those operating small businesses, and to reduce to the 
maximum extent feasible unnecessary duplication of efforts in obtaining 
information (29 U.S.C. 657).
    The Standard specifies a number of collection of information 
(paperwork) requirements. Each provision is described in detail in the 
Information Collection Request. Employers can use the information 
collected under the HAZWOPER rule to develop the various programs the 
standard requires and to ensure that their employees are trained 
properly about the safety and health hazards associated with hazardous 
waste operations and emergency response to hazardous waste releases. 
OSHA will use the records developed in response to this Standard to 
determine adequate compliance with the Standard's safety and health 
provisions. The employer's failure to collect and distribute the 
information required in this standard will affect significantly OSHA's 
effort to control and reduce injuries and fatalities. Such failure 
would also be contrary to the direction Congress provided in SARA.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Standard on Hazardous Waste 
Operations and Emergency Response (HAZWOPER) (29 CFR 1910.120). OSHA is 
proposing to decrease the existing burden hour estimate for the 
collection of information requirements specified by the Standard from 
1,235,602 hours to 1,199,205 hours. This decrease is primarily a result 
of a decline in the number of sites to be remediated. The Agency will 
summarize the comments submitted in response to this notice and will 
include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.

[[Page 77074]]

    Title: Hazardous Waste Operations and Emergency Response (29 CFR 
1910.120).
    OMB Number: 1218-0202.
    Affected Public: Business or other for-profits; not-for-profit 
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 34,812.
    Frequency of Response: On occasion.
    Average Time Per Response: Varies from one minute (.02 hour) to 
maintain a certification record to 24 hours for initial employee 
training.
    Estimated Total Burden Hours: 1,199,205.
    Estimated Cost (Operation and Maintenance): $3,111,762.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0049). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    Thomas M. Stohler, Acting Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 
(72 FR 31159).

    Signed at Washington, DC, on December 5, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-30063 Filed 12-17-08; 8:45 am]

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