Notice2022-01587
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Revisions to the RCRA Definition of Solid Waste (Renewal)
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
January 27, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Revisions to the Resource Conservation and Recovery Act (RCRA) Definition of Solid Waste (EPA ICR Number 2310.07, OMB Control Number 2050-0202) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through March 31, 2022. Public comments were previously requested via the Federal Register on June 28, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. 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 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4232-4233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01587]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0013, FRL-9505-01-OMS]
Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Revisions to the RCRA Definition of Solid
Waste (Renewal)
AGENCY: Environmental Protection Agency
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Revisions to the Resource
Conservation and Recovery Act (RCRA) Definition of Solid Waste (EPA ICR
Number 2310.07, OMB Control Number 2050-0202) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through March 31, 2022. Public comments
were previously requested via the Federal Register on June 28, 2021
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. 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: Additional comments may be submitted on or before February 28,
2022.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0013, online using <a href="http://www.regulations.gov">www.regulations.gov</a> (our preferred method) 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.
Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Tracy Atagi, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number: 202-566-0511; email address: <a href="/cdn-cgi/l/email-protection#e0a194818789ceb492818399a0859081ce878f96"><span class="__cf_email__" data-cfemail="6f2e1b0e0806413b1d0e0c162f0a1f0e41080019">[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>. Due to public health concerns related to COVID-19,
the EPA Docket Center and Reading Room are open to the public by
appointment only. For further information and updates on EPA Docket
Center services, 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.
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 are held accountable to the applicable
requirements; (2) state inspectors can verify compliance with
[[Page 4233]]
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.
Form Numbers: None.
Respondents/affected entities: 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: 4,848.
Frequency of response: On occasion.
Total estimated burden: 36,760 hours per year. Burden is defined at
5 CFR 1320.03(b).
Total estimated cost: $2,793,420 (per year), which includes $18,403
in annualized capital or operation & maintenance costs.
Changes in the Estimates: There is an increase of 1,877 hours
compared to the currently approved ICR due mainly to the inclusion of
State Agency burden. There were no program changes.
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-01587 Filed 1-26-22; 8:45 am]
BILLING CODE 6560-50-P
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