Notice2021-21018
Proposed Information Collection Request; Comment Request; State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units That Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste, EPA ICR No. 1608.09, OMB Control No. 2050-0152
Primary source
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Published
September 28, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), "State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste" (Renewal), (EPA ICR No. 1608.09, OMB Control No. 2050-0152) 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 in Supplementary Information. This is a proposed extension of the ICR, which is currently approved through May 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 185 (Tuesday, September 28, 2021)</title>
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[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53653-53655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21018]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0012; FRL-8891-01-OLEM]
Proposed Information Collection Request; Comment Request; State
Program Adequacy Determination: Municipal Solid Waste Landfills
(MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units That
Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous
Waste, EPA ICR No. 1608.09, OMB Control No. 2050-0152
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``State Program
Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and
Non-Municipal, Non-Hazardous Waste Disposal Units that Receive
Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste''
(Renewal), (EPA ICR No. 1608.09, OMB Control No. 2050-0152) 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 in Supplementary
[[Page 53654]]
Information. This is a proposed extension of the ICR, which is
currently approved through May 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 November 29, 2021.
ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0012, to: (1) EPA 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="d4a6b7a6b5f9b0bbb7bfb1a094b1a4b5fab3bba2">[email protected]</span></a>, or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
<a href="/cdn-cgi/l/email-protection#99f6f0ebf8c6eaecfbf4f0eaeaf0f6f7d9f6f4fbb7fcf6e9b7fef6ef"><span class="__cf_email__" data-cfemail="57383e2536082422353a3e24243e383917383a357932382779303821">[email protected]</span></a>. Address comments to OMB Desk Officer for
EPA.
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: Craig Dufficy, Materials Recovery and
Waste Management Division, Office of Resource Conservation and
Recovery, mail code 5304P, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (703)
308-9037; fax number: (703) 308-0514; email address:
<a href="/cdn-cgi/l/email-protection#debaabb8b8b7bda7f0bdacbfb7b99ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="c2a6b7a4a4aba1bbeca1b0a3aba582a7b2a3eca5adb4">[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>. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room is closed
to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone and webform. For further
information about the EPA's public docket, Docket Center services and
the current status, please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>. The telephone number for the Docket Center is (202) 566-1744.
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: Section 4010(c) of the Resource Conservation and Recovery
Act (RCRA) of 1976 requires that EPA revise the landfill criteria
promulgated under paragraph (1) of section 4004(a) and section
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid
Waste Amendments (HSWA) of 1984, requires states to develop and
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste
or CESQG hazardous waste are in compliance with the revised criteria
for the design and operation of non-municipal, non-hazardous waste
disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR
part 258. (40 CFR part 257, subpart B and 40 CFR part 258 are
henceforth referred to as the ``revised federal criteria''.) Section
4005(c) of RCRA further mandates the EPA Administrator to determine the
adequacy of state permit programs to ensure owner and/or operator
compliance with the revised federal criteria. A state program that is
deemed adequate to ensure compliance may afford flexibility to owners
or operators in the approaches they use to meet Federal requirements,
significantly reducing the burden associated with compliance.
In response to the statutory requirement in section 4005(c), EPA
developed 40 CFR part 239, commonly referred to as the State
Implementation Rule (SIR). The SIR describes the state application and
EPA review procedures and defines the elements of an adequate state
permit program.
The collection of information from the state during the permit
program adequacy determination process allows EPA to evaluate whether a
program for which approval is requested is appropriate in structure and
authority to ensure owner or operator compliance with the revised
federal criteria. The SIR does not require the use of a particular
application form. Section 239.3 of the SIR, however, requires that all
state applications contain the following five components:
(1) A transmittal letter requesting permit program approval.
(2) A narrative description of the state permit program, including
a demonstration that the state's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are
technically comparable to the 40 CFR part 257, subpart B criteria and/
or that its MSWLF standards are technically comparable to the 40 CFR
part 258 criteria.
(3) A legal certification demonstrating that the state has the
authority to carry out the program.
(4) Copies of state laws, regulations, and guidance that the state
believes demonstrate program adequacy.
(5) Copies of relevant state-tribal agreements if the state has
negotiated with a tribe for the implementation of a permit program for
non-municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste and/or MSWLFs on tribal lands.
The EPA Administrator has delegated the authority to make
determinations of adequacy, as contained in the statute, to the EPA
Regional Administrator. The appropriate EPA Regional Office, therefore,
will use the information provided by each state to determine whether
the state's permit program satisfies the statutory test reflected in
the requirements of 40 CFR part 239. In all cases, the information will
be analyzed to determine the adequacy of the state's permit program for
ensuring compliance with the federal revised criteria.
Form Numbers: None.
Respondents/affected entities: Entities potentially affected by
this section are States.
Respondent's obligation to respond: Mandatory under section 4005(c)
of the Resource Conservation and Recovery Act (RCRA) of 1976.
Estimated number of respondents: 12.
Frequency of response: On occasion.
Total estimated burden: 968 hours (per year). Burden is defined at
5 CFR 1320.03(b).
Total estimated cost: $54,872 (per year), which includes $54,872
for
[[Page 53655]]
annual labor and $0 for annualized capital or operation & maintenance
costs. All costs are labor costs, there are no capital/start-up or
operation & maintenance costs associated with this ICR.
Changes in Estimates: The burden hours are likely to stay
substantially the same.
Dated: September 10, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-21018 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P
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