[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Pages 24541-24542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11757]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6008-2]


Agency Information Collection Activities Under OMB Review; 
Comment Requests; Identification, Listing and Rulemaking Petitions

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 document announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Identification, Listing and 
Rulemaking Petitions, expiring 06/30/98. The ICR describes the nature 
of the information collection and its expected burden and cost; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before June 3, 1998.

FOR FURTHER INFORMATION CONTACT: For a copy of the ICR, call Sandy 
Farmer at EPA, (202) 260-2740, or download off the Internet at http://
www.epa.gov/icr/icr.htm and refer to EPA ICR No. 1189.06.

SUPPLEMENTARY INFORMATION:
    Title: Identification, Listing and Rulemaking Petitions, OMB 
Control No. 2050-0053; EPA ICR No. 1189.06. This is a request for 
extension of a currently approved collection.
    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 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 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.

[[Page 24542]]

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 48 CFR Chapter 15. The 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on January 23, 
1998 (63 FR 3561-3562). One comment was received.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 57 
hours per response. 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.
    Respondents/Affected Entities: Hazardous Waste Handlers, 
Generators, or Treatment, Storage and Disposal Facilities
    Estimated Number of Respondents: 330.
    Frequency of Response: 1.
    Estimated Total Annual Hour Burden: 18,670 hours.
    Estimated Total Annualized Cost Burden: $41,000.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 1189.06 and OMB Control No. 2050-0053 in any 
correspondence.
Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory 
Information Division (2137), 401 M Street, SW, Washington, DC 20460 (or 
E-Mail Farmer.S[email protected]);
    and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503.

    Dated: April 28, 1998.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 98-11757 Filed 5-1-98; 8:45 am]
BILLING CODE 6560-50-P