Notice2021-13738
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Revisions to the RCRA Definition of Solid Waste
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), Revisions to the RCRA Definition of Solid Waste (EPA ICR No. 2310.07, OMB Control No. 2050- 0202) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through March 31, 2022. 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.
Full Text
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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34008-34009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13738]
[[Page 34008]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0013, FRL-10025-53-OLEM]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Revisions to the RCRA Definition
of Solid Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR), Revisions to the RCRA
Definition of Solid Waste (EPA ICR No. 2310.07, OMB Control No. 2050-
0202) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA). Before
doing so, the EPA is soliciting public comments on specific aspects of
the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
March 31, 2022. 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.
DATES: Comments must be submitted on or before August 27, 2021.
ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0013, online using <a href="http://www.regulations.gov">www.regulations.gov</a> (our preferred
method), by email to <a href="/cdn-cgi/l/email-protection#4a3829382b672e2529212f3e0a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="3f4d5c4d5e125b505c545a4b7f5a4f5e11585049">[email protected]</span></a>, or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460.
EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
FOR FURTHER INFORMATION CONTACT: Tracy Atagi, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number: 703-308-8672; fax number: 703-308-8880; email address:
<a href="/cdn-cgi/l/email-protection#a6e7d2c7c1cf88f2d4c7c5dfe6c3d6c788c1c9d0"><span class="__cf_email__" data-cfemail="bffecbded8d691ebcddedcc6ffdacfde91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a> or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is 202-566-1744. For additional
information about EPA's public docket, visit <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
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. The
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. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
Abstract: In 2018, the EPA published final revisions to the
definition of solid waste that exclude certain hazardous secondary
materials from regulation (83 FR 24664, May 30, 2018). The 2018 final
rule was promulgated in response to orders issued by the United States
Court of Appeals for the District of Columbia Circuit on July 7, 2017,
and amended on March 6, 2018, vacating certain provisions of the 2015
rule and reinstated corresponding provisions from the 2008 rule. The
information requirements help ensure that (1) entities operating under
the regulatory exclusions contained in today's action are held
accountable to the applicable requirements; (2) state inspectors can
verify compliance with the restrictions and conditions of the
exclusions when needed; and (3) hazardous secondary materials exported
for recycling are actually handled as commodities abroad. Recordkeeping
requirements include:
<bullet> Under the generator-controlled exclusion at 40 CFR
261.4(a)(23), the tolling contractor has to maintain at its facility
for no less than three years records of hazardous secondary materials
received pursuant to its written contract with the tolling
manufacturer, and the tolling manufacturer must maintain at its
facility for no less than three years records of hazardous secondary
materials shipped pursuant to its written contract with the tolling
contractor. In addition, facilities performing the recycling of
hazardous secondary materials under the generator-controlled exclusions
at 40 CFR 261.4(a)(23) to maintain documentation of their legitimacy
determination onsite.
<bullet> Under the transfer-based exclusion at 40 CFR 261.4(a)(24),
a generator sending secondary hazardous materials to a facility that
does not have a permit, would be required to conduct a ``reasonable
efforts'' environmental audit of the receiving facility; and a
hazardous secondary materials recycler must meet the following
conditions: Having financial assurance in place, having trained
personnel, and meeting emergency preparedness and response conditions.
<bullet> Under the export requirements of the transfer-based
exclusion at 40 CFR 261.4(a)(25), exporters of hazardous secondary
material must provide notice and obtain consent of the receiving
country and file an annual report.
<bullet> Under the remanufacturing exclusion at 40 CFR
261.4(a)(27), both the hazardous secondary material generator and the
remanufacturer must maintain records of shipments and confirmations of
receipts for a period of three years from the dates of the shipments.
<bullet> Under the revised speculative accumulation requirement in
261.1(c)(8), all persons subject to the speculative accumulation
requirements must label the storage unit by indicating the first date
that the material began to be accumulated.
This ICR renewal does not include the burden associated with
filling out form 8700-12 because that burden is included under OMB
Control Number 2050-0024.
Form Numbers: None.
Respondents/affected entities: Entities potentially affected by
this action are private business or other for-profit, as well as State,
Local, or Tribal governments.
Respondent's obligation to respond: Required to obtain or retain a
benefit (42 U.S.C. 6921, 6922, 6923, and 6924.)
Estimated number of respondents: 7,674.
Frequency of response: On occasion.
[[Page 34009]]
Total estimated burden: 34,883 hours. Burden is defined at 5 CFR
1320.03(b).
Total estimated cost: $2,752,557 (per year), which includes $15,475
annualized capital or operation & maintenance costs.
Changes in estimates: The burden hours are likely to stay
substantially the same.
Dated: June 23, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-13738 Filed 6-25-21; 8:45 am]
BILLING CODE 6560-50-P
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