[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Notices]
[Pages 56539-56540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28097]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5644-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Hazardous Waste Management System: Land Disposal 
Restrictions ``No-Migration'' Variances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit the 
following proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Hazardous Waste Management System: Land 
Disposal Restrictions ``No-Migration'' Variances, EPA ICR Number 1353, 
and OMB Control Number 2050-0062. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection as described below.

DATES: Comments must be submitted on or before December 31, 1996.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-96-NMIP-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington, 
DC 20460. Hand deliveries of comments should be made to the Arlington, 
VA, address below. Comments may also be submitted electronically 
through the Internet to:
[email protected].
Comments in electronic format should also be identified by the docket 
number F-96-NMIP-FFFFF. All electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Commenters should not submit electronically any 
confidential business information (CBI). An original and two copies of 
CBI must be submitted under separate cover to: RCRA CBI Document 
Control Officer, Office of Solid Waste (5305W), U.S. EPA, 401 M Street, 
SW, Washington, DC 20460.
    Public comments and supporting materials are available for viewing 
in the RCRA Information Center (RIC), located at Crystal Gateway I, 
First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is 
open from 9 a.m. to 4 p.m., Monday through Friday, excluding federal 
holidays. To review docket materials, it is recommended that the public 
make an appointment by calling (703) 603-9230. The public may copy a 
maximum of 100 pages from any regulatory docket at no charge. 
Additional copies cost $0.15/page.

FOR FURTHER INFORMATION CONTACT: Chris Rhyne, USEPA, Office of 
Solid Waste (5303W), 401 M Street, SW., Washington, D.C. 20460; 
Phone (703) 308-8658; FAX (703) 308-8609.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those that treat, store or dispose of hazardous waste on the land, and 
are subject to the land disposal restrictions at 40 CFR part 268.
    Title: Hazardous Waste Management Systems: Land Disposal 
Restrictions ``No-Migration'' Variances (OMB Control No. 2050-0062; EPA 
ICR No. 1353), expiring 4/30/97.
    Abstract: The 1984 Hazardous and Solid Waste Amendments to the 
Resource Conservation and Recovery Act (RCRA) of 1976 created 
substantial new requirements for those who manage hazardous waste. (See 
42 USC 6905, 6912(a), 6921, 6924, 6925, and 6935.) The amendments 
prohibit land disposal of hazardous wastes beyond specified dates 
unless, as provided in RCRA Sections 3004 (d), (e), and (g), the owner/
operator of a hazardous waste storage or disposal facility demonstrates 
to the Administrator of the Environmental Protection Agency (EPA) that 
there will be no migration of hazardous constituents from the land 
disposal unit for as long as the waste remains hazardous.
    To receive a variance from the hazardous waste land disposal 
prohibitions, owner/operators of hazardous waste storage or disposal 
facilities may petition the Environmental Protection Agency to allow 
land disposal of a specific restricted waste at a specific site. The 
Permits and State Programs Division, Office of Solid Waste, will review 
the petitions and determine if they successfully demonstrate ``no 
migration.'' The applicant must demonstrate that hazardous wastes can 
be managed safely in a particular land disposal unit, so that ``no 
migration'' of any hazardous constituents occurs from the unit for as 
long as the waste remains hazardous. (See 40 CFR 268.6.) If EPA grants 
the variance, the waste is no longer prohibited from land disposal in 
that particular unit. If the owner/operator fails to make this 
demonstration, or chooses not to petition for the variance, best 
demonstrated available technology (BDAT) requirements of 40 CFR 268.40 
et seq. must be met before the hazardous wastes are placed in a land 
disposal unit. Responses to the collection of information are 
voluntary.
    The information collected is not of a personal nature nor is it 
subject to the Privacy Act of 1974 or Office of Management and Budget 
Circular A-108. EPA expects that owners and operators may wish to 
maintain the confidentiality of certain information. Provisions for 
confidentiality are found in Section 3007(b) of RCRA and in 40 CFR Part 
2, which establishes EPA's general policy regarding public disclosure 
of information. Provisions for confidentiality have also been included 
in 40 CFR Part 260, the general rule of the RCRA hazardous waste 
management system.
    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. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    The EPA would like to solicit comments 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;

[[Page 56540]]

    (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.
    Burden Statement: The respondent burden imposed by the no-migration 
petition is estimated to be 9,506 hours at a cost of $471,490 for each 
facility planning to request a variance. This cost and hour burden is 
based on a proposed frequency of response of one per year, and an 
estimated likely number of respondents of one per year. The cost burden 
includes a total capital and start-up cost component annualized over 
its expected useful life, and a total operation and maintenance 
component, and a purchase of services component. Burden means the total 
time, effort, or financial resources expended by persons to generate, 
maintain, retain, or disclose or provide information to or for a 
Federal agency. This includes the time needed to review instructions; 
develop, acquire, install, and utilize technology and systems for the 
purposes of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information; adjust the existing ways to comply with any previously 
applicable instructions and requirements; train personnel to be able to 
respond to a collection of information; search data sources; complete 
and review the collection of information; and transmit or otherwise 
disclose the information.

    Dated: October 25, 1996.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 96-28097 Filed 10-31-96; 8:45 am]
BILLING CODE 6560-50-P