Notice2025-21341
Agency Information Collection Activities; 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. 1608.10, OMB Control No. 2050-0152
Primary source
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Published
November 28, 2025
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" (EPA ICR No. 1608.10, 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, 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 June 30, 2026. This document allows 60 days for public comments.
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Notices]
[Pages 54678-54680]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21341]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0012; FRL-13075-01-OLEM]
Agency Information Collection Activities; 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. 1608.10, OMB Control No. 2050-0152
AGENCY: Environmental Protection Agency.
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''
(EPA ICR No. 1608.10, 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, EPA is soliciting
public comments on specific aspects of the proposed information
collection as described in SUPPLEMENTARY
[[Page 54679]]
INFORMATION. This is a proposed extension of the ICR, which is
currently approved through June 30, 2026. This document allows 60 days
for public comments.
DATES: Comments may be submitted on or before January 27, 2026.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0012, to EPA online using <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our
preferred method), or by mail to: EPA Docket Center, U.S. Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Avenue 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: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Mail Code 5101T, Washington, DC
20460; telephone number: (202) 566-0453; <a href="/cdn-cgi/l/email-protection#50262931237e2035373729103520317e373f26"><span class="__cf_email__" data-cfemail="0c7a756d7f227c696b6b754c697c6d226b637a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through June 30, 2026. 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.
This document allows 60 days for public comments. 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="https://www.regulations.gov">https://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="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Pursuant to section 3506(c)(2)(A) of the PRA, 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 forms of information technology. 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, EPA will issue another Federal Register
document 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) of
RCRA, 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: State, Local, or Tribal Governments.
Respondent's obligation to respond: Mandatory under section 4005(c)
of RCRA.
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: $41,674 (per year), which includes $41,674
for 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 the estimates: The burden hours are likely to stay
substantially the same.
[[Page 54680]]
Dated: November 13, 2025.
Andrew Baca,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2025-21341 Filed 11-26-25; 8:45 am]
BILLING CODE 6560-50-P
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