Notice2025-22529
Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Revisions to the RCRA Definition of Solid Waste, EPA ICR No. 2310.08, OMB Control No. 2050-0202
Primary source
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Published
December 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), "Revisions to the RCRA Definition of Solid Waste" (EPA ICR No. 2310.08, 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, 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 236 (Thursday, December 11, 2025)</title>
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[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Notices]
[Pages 57464-57465]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22529]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0013; FRL-13076-01-OLEM]
Agency Information Collection Activities; Proposed Information
Collection Request; Comment Request; Revisions to the RCRA Definition
of Solid Waste, EPA ICR No. 2310.08, OMB Control No. 2050-0202
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), ``Revisions to the RCRA
Definition of Solid Waste'' (EPA ICR No. 2310.08, 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, 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.
DATES: Comments may be submitted on or before February 9, 2026.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0013, to EPA online using <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our
preferred method), or by mail to: EPA
[[Page 57465]]
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#f3858a9280dd839694948ab3968392dd949c85"><span class="__cf_email__" data-cfemail="afd9d6cedc81dfcac8c8d6efcadfce81c8c0d9">[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: 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 the
restrictions and conditions of the exclusions when needed; and (3)
hazardous secondary materials exported for recycling are 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) must 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
40 CFR 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: 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: 4,800.
Frequency of response: On occasion.
Total estimated burden: 27,055 hours per year. Burden is defined at
5 CFR 1320.03(b).
Total estimated cost: $2,933,678 (per year), which includes $18,403
in annualized capital or operation & maintenance costs.
Changes in the estimates: The burden hours are likely to stay
substantially the same.
Dated: November 13, 2025.
Andrew Baca,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2025-22529 Filed 12-10-25; 8:45 am]
BILLING CODE 6560-50-P
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