[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Notices]
[Pages 3561-3562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1642]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5952-2]


Agency Information Collection Activities Up for Renewal; 
Identification, Listing and Rulemaking Petitions Information Collection 
Request

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 continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Identification, Listing and Rulemaking 
Petitions ICR Number 1189.05. 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 March 24, 1998.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-98-ILIP-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-98-
ILIP-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. The index and some supporting 
materials are available electronically.
    The ICR is available on the Internet. Follow these instructions to 
access the information electronically:

WWW: http://www.epa.gov/epaoswer/osw/hazwaste.htm#id
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/epaoswer

    The official record for this action will be kept in paper form. 
Accordingly, EPA will transfer all comments received electronically 
into paper form and place them in the official record, which will also 
include all comments submitted directly in writing.
    EPA responses to comments, whether the comments are written or 
electronic, will be in a notice in the ``Federal Register.'' EPA will 
not immediately reply to commenters electronically other than to seek 
clarification of electronic comments that may be garbled in 
transmission or during conversion to paper form, as discussed above.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323.
    For more detailed information on specific aspects of this 
rulemaking, contact Jim Kent, Office of Solid Waste 5304W, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460, 703-308-0461, [email protected].

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
rulemaking petitioners under 40 CFR 260.20(b), 260.21 and 260.22; 
owners or operators of enclosed flame combustion devices requesting a 
variance under 40 CFR 260.30-33; generating facilities seeking a 
hazardous waste exclusion for certain types of wastes under 40 CFR 
261.3 and 261.4; and generators and treatment, storage and disposal 
facilities requesting exemptions from listing as F037 and F038 wastes 
under 40 CFR 261.31(b)(2)(ii).
    Title: Identification, Listing, and Rulemaking Petitions ICR Number 
1189.05, expires June 30, 1998.
    Abstract: Under 40 CFR 260.20(b), all rulemaking petitioners must 
submit basic information with their demonstrations, including name, 
address, and statement of interest in the proposed action. Under 
section 260.21, all petitioners for equivalent testing or analytical 
methods must include specific information in their petitions and 
demonstrate to the satisfaction of the Administrator that the proposed 
method is equal to or superior to the corresponding method in terms of 
its sensitivity, accuracy, and reproducibility. Under section 260.22, 
petitions to amend part 261 to exclude a waste produced at a particular 
facility (more simply, to delist a waste) must meet extensive 
informational requirements. When a petition is submitted, the Agency 
reviews materials, deliberates, publishes its tentative decision in the 
Federal Register, and requests public comment. EPA also may hold 
informal public hearings (if requested by an interested person or at 
the discretion of the Administrator) to hear oral comments on its 
tentative decision. After evaluating all comments, EPA publishes its 
final decision in the Federal Register.
    40 CFR 260.30, 260.31, and 260.33 comprise the standards, criteria, 
and procedures for variances from

[[Page 3562]]

classification as a solid waste for three types of materials, materials 
that are collected speculatively without sufficient amounts being 
recycled; materials that are reclaimed and then reused within the 
original primary production process in which they were generated; and 
materials which have been reclaimed, but must be reclaimed further 
before the materials are completely recovered. This variance is 
available to owners or operators of enclosed flame combustion devices.
    40 CFR 261.33 and 261.4 contain provisions that allow generators to 
obtain a hazardous waste exclusion for certain types of wastes. 
Facilities applying for these exclusions must either submit supporting 
information or keep detailed records. Under section 261.3(a)(2)(iv), 
generators may obtain a hazardous waste exclusion for wastewater 
mixtures subject to Clean Water Act regulation. Under section 
261.3(c)(2)(ii)(C), generators may obtain an exclusion for certain non-
wastewater residues resulting from high metals recovery processing 
(HTMR) or K061, K062 and F006 waste. In addition, under section 
261.4(b)(6), generators of chromium-containing waste may obtain a 
hazardous waste exclusion under certain conditions.
    Also addressed under this section is the shipment of samples 
between generators and laboratories for the purpose of testing to 
determine its characteristics or composition. Sample handlers who are 
not subject to DOT or USPS shipping requirements must comply with the 
information requirements of section 261.4(d)(2).
    When intended for treatability studies, hazardous waste otherwise 
subject to regulation under Subtitle C of RCRA is exempted from these 
regulations, provided that the requirements in section 261.4(e)-(f) are 
met, including the following information requests: initial 
notification, recordkeeping, reporting, and final notification. In 
addition, generators and collectors of treatability study samples also 
may request quantity limit increases and time extensions, as specified 
in section 261.4(e)(3).
    40 CFR 261.31(b)(2)(ii) governs procedures and informational 
requirements for generators and treatment, storage and disposal 
facilities to obtain exemptions from listing as F037 and F038 wastes. 
Also under this section are regulations promulgated in 1990 under 
section 261.35(b) and (c) governing procedures and information 
requirements for the cleaning or replacement of all process equipment 
that may have come into contact with chlorophenolic formulations or 
constituents thereof, including, but not limited to, treatment 
cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and 
trams.
    EPA anticipates that some data provided by respondents will be 
claimed as Confidential Business Information (CBI). Respondents may 
make a business confidentiality claim by marking the appropriate data 
as CBI. Respondents may not withhold information from the Agency 
because they believe it is confidential. Information so designated will 
be disclosed by EPA only to the extent set forth in 40 CFR part 2.
    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 in 48 CFR Chapter 15.
    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;
    (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: 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.
    The average annual burden imposed is approximately 57 hours per 
respondent. The average number of responses for each respondent is 1. 
The estimated number of likely respondents is 330.

    Dated: January 14, 1998.
David Bussard,
Director, Hazardous Waste Identification Division.
[FR Doc. 98-1642 Filed 1-22-98; 8:45 am]
BILLING CODE 6560-50-P