[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Notices]
[Pages 39142-39146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15912]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6721-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; 2001 Hazardous Waste Report (Biennial Report), 
Notification of Regulated Waste Activity, and RCRA Part A Permit 
Application Information Collection Requests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is planning to submit the following continuing Information 
Collection Requests (ICR) to the Office of Management and Budget (OMB): 
2001 Hazardous Waste Report (Biennial Report), 976.08, OMB Control 
Number 2050-0024, expiration date November 30, 2000. EPA is planning to 
submit modifications to the Notification of Regulated Waste Activity 
ICR, 261.12, OMB Control Number 2050-0028, expiration date 12/31/02; 
and the RCRA Part A Permit Application ICR, 262.09, OMB Control Number 
2050-0034, expiration data 10/31/02. Before submitting this ICR and the 
ICR modifications to OMB for review and approval, EPA is requesting 
comment on the issues described below.

DATES: Comments must be submitted on or before August 22, 2000.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-2000-B3IP-FFFFF to: (1) If using 
regular U.S. Postal Service mail: RCRA Docket Information Center, 
Office of Solid Waste (5305G), U.S. Environmental Protection Agency 
Headquarters (EPA, HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460-0002, or (2) if using special delivery, such 
as overnight express service: RCRA Docket Information Center (RIC), 
Crystal Gateway One, 1235 Jefferson Davis Highway, First Floor, 
Arlington, VA 22202. 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-2000-B3IP-FFFFF 
and 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, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460-0002.
    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 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 will not 
immediately reply electronically to commenters other than to seek 
clarification of electronic comments that may be garbled in 
transmission or during conversion to paper form.

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 detailed information, contact Robert Burchard, Office of 
Solid Waste, 5302W, U.S. Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002; 
phone number 703-308-8450, fax: 703-308-8433, Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities affected by this action are those which 
generate and treat, store, and dispose of hazardous waste.
    Title: 2001 Hazardous Waste Report (Biennial Report), 976.08, OMB 
Control Number 2050-0024, expiration date November 30, 2000.
    Abstract: Generators of hazardous waste and owners/operators of 
hazardous waste facilities must complete, under the authority of RCRA 
sections 3002 and 3004, a biennial report on the amount of waste 
generated in the United States, a description of the waste, and how it 
was managed.
    EPA uses this information to understand the population of the 
regulated community, to expand its database of information for 
rulemakings, and for monitoring compliance with regulatory 
requirements.
    Title: Notification of Regulated Waste Activity, 262.12, OMB 
Control Number 2050-0028, expires 12/31/02.
    Abstract: Persons who generate, transport, treat, store, or dispose 
of hazardous waste and all persons who store recyclable materials prior 
to recycling them are required to notify EPA of their hazardous waste 
activities using this form.
    EPA uses this information to understand the population of the 
regulated community and to obtain the information necessary to provide 
facilities with a RCRA ID.
    Title: RCRA Part A Permit Application, 262.09, OMB Control Number 
2050-0034, expires 10/31/02.
    Abstract: RCRA requires anyone who owns or operates a facility 
where hazardous waste is treated, stored or disposed to have a RCRA 
hazardous waste permit issued by EPA. The part A is the first of two 
parts of the permit application.
    EPA may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a valid OMB 
control number. OMB control numbers for EPA are listed in 40 CFR part 9 
and 48 CFR chapter 15.
    EPA would like comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the performance of the functions of EPA;
    (ii) Evaluate the accuracy of the our estimate of the burden the 
proposed collection of information will impose;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and

[[Page 39143]]

    (iv) See how we can minimize the burden the proposed collection of 
information will impose, such as through electronic collection 
techniques.

Detailed Discussion of Planned Changes to the 2001 Biennial Report, 
the Notification of Regulated Waste Activity, and the RCRA Part A 
Permit Application

I. Background to Today's Planned Changes

    In response to the concerns raised over the years about a lack of a 
comprehensive strategy in the way EPA's Office of Solid Waste (OSW) 
collects hazardous waste information, the WIN/Informed Initiative was 
created by the states and OSW to develop and implement a solution. WIN 
stands for Waste Information Needs, and is the OSW portion of the 
project. Informed stands for Information Needed for Making 
Environmental Decisions, and is the state portion of the project.
    The objective of this Initiative is to assess the information needs 
of the hazardous waste program, assess the way information is managed, 
and make recommendations for improvement. WIN/Informed also has been 
tasked with making the changes that will improve the collection, 
quality, use, and management of hazardous waste information, and to 
make that information more available to states, EPA, Tribes, and the 
public.
    Today's Federal Register notice presents a set of recommendations 
from WIN/Informed. These recommendations affect the Hazardous Waste 
Report (Biennial Report), the Notification of Regulated Waste Activity 
(Notification), and the RCRA Part A Permit Application (part A). These 
ICRs are being modified at the same time because the changes we are 
recommending complement each other. The changes to the Biennial Report 
will be implemented (with the one exception discussed below) in 2001. 
The changes in the Notification and part A forms will be implemented 
the next time their ICRs are renewed (in 2002).
    Today's notice summarizes the WIN/Informed recommendations. They 
are presented fully in a background document available on the Internet. 
The Internet site addresses is: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm

II. Detailed Recommendations

(1) Standardizing Site Identification Information

    Background: Information about a site and the hazardous waste 
activities taking place there is used by regulators for waste activity 
and compliance monitoring, for program planning, to provide technical 
assistance, and to analyze waste minimization activities.
    This information is currently being collected on three different 
forms, each with its own instructions and definitions. This sometimes 
gives regulators conflicting information about the same site, and is 
burdensome for respondents.
    Basic site information is collected from all RCRA-regulated 
facilities on the Notification form. Generators and Treatment, Storage, 
and Disposal Facilities(TSDFs) report site information on the Biennial 
Report Identification and Certification (IC) form. Facilities that 
treat, store or dispose of hazardous waste submit site information on 
the part A.
    Recommendation: We plan to standardize the RCRA site identification 
information that is collected on the three forms. This means that the 
site identification information prepared for one form will be the exact 
same site identification information asked for on the other two forms. 
Once a facility has submitted this information once, the facility can 
just attach a copy of the previous submittal (with any changes) when 
facility identification information is requested again.
    We plan to include as part of the site identification data elements 
the North American Industrial Classification System (NAICS) codes, 
which have replaced the Standard Industrial Classification (SIC) codes. 
Additionally, we will also ask about mixed waste and universal waste 
activity at the facility, and whether the facility imports waste.
    A chart showing the information we will ask for as part of the 
standardized RCRA site identification is available on the Internet at: 
http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm.
    The chart is in the file: ``2001 Hazardous Waste Report (Biennial 
Report), Part A Permit Application, and Notification of Regulated Waste 
Activity Information Collection Request.'' Detailed discussion of this 
recommendation is found in Recommendations 7, 8, and 9 of the Internet 
document.

(2) Obtain for the EPA National Database Information on Generators, as 
Defined by Both RCRA and State Definitions

    Background: The following discussion concerns how states will 
report data, and does not change respondents' reporting obligations. 
The federal rules in 40 CFR parts 261 and 262 establish three 
categories of hazardous waste generator: Large Quantity Generators 
(LQGs), Small Quantity Generators (SQGs), and Conditionally Exempt 
Small Quantity Generators (CESQGs). A site's RCRA generator status is 
based on the volume of hazardous waste generated, and/or accumulated 
during any month of the year. Both LQGs and SQGs must notify the 
implementing agency of their activities and obtain an EPA 
identification number. CESGQs are exempt from these two requirements, 
as well as many of the other hazardous waste requirements. RCRA section 
3009 requires state hazardous waste rules to be at least as stringent 
as federal rules, but it also allows state rules to be broader in scope 
and more stringent than the federal rules. For example, a state:
     May impose regulatory obligations for LQGs on facilities 
generating less than 1,000 kilograms of hazardous waste in a month, 
(this is more stringent than the federal rules).
     May regulate wastes not regulated by the federal rules 
(this is broader in scope).
     May require CESQGs to obtain an EPA identification number 
(this is broader in scope).
    States need to know the regulatory status of a generator as defined 
by their rules. However, since states have different definitions of 
generators, it is more useful for EPA to use the federal definition 
when performing analyses of data from multiple states.
    Recommendation: States will report to EPA their total generator 
universe, as defined by their state rules. They will also, to the best 
of their abilities, report to EPA their total generator universe as 
defined by RCRA. This will provide the following benefits:
     Including the state-defined generators in the RCRA 
national database will provide a more complete picture of the number of 
waste generators in the country being regulated.
     With both sets of generators in the national database, the 
concerns regarding different generator universe numbers (EPA versus 
state numbers) will be resolved.
     EPA inspectors will be able to better determine which 
regulations (state or EPA) apply to a generator they are inspecting.
    There will be no changes to the part A or Biennial Report forms.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm.
    See the file: ``2001 Hazardous Waste Report (Biennial Report), Part 
A Permit

[[Page 39144]]

Application, and Notification of Regulated Waste Activity Information 
Collection Request.'' Detailed discussion of this recommendation is 
found in Recommendation 6 of the Internet document.

(3) Tracking Hazardous Waste Exports

    Background: Generators exporting hazardous waste must notify EPA of 
their intent to export their waste and submit an annual report about 
the waste they exported. EPA maintains a separate database for this 
information, called the Hazardous Waste Export Data System.
    Recommendation: We plan to integrate data in the Hazardous Waste 
Export Data System into the national RCRA information system. This 
would eliminate the need to collect export data through the Biennial 
Report. The Biennial Report instructions will be changed to tell 
respondents that they should not be reporting exports as part of their 
Biennial Report submissions, reducing duplication and confusion.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm. See the 
file: ``2001 Hazardous Waste Report (Biennial Report), Part A Permit 
Application, and Notification of Regulated Waste Activity Information 
Collection Request.'' Detailed discussion of this recommendation is 
found in Recommendation 13 of the Internet document.

(4) Tracking Hazardous Waste Imports

    Background: A person who imports hazardous waste from a foreign 
country into the United States is, for regulatory purposes, the 
generator of the waste. Currently, there is no way to differentiate 
imported waste from waste generated in the receiving state. This makes 
waste generation totals for the state artificially high.
    EPA and the states need to be able to determine whether hazardous 
waste is generated domestically or from a foreign source to obtain 
accurate generation totals and accurate import totals.
    Recommendation: We plan to revise the Biennial Report instructions 
so that importers of hazardous waste will use a specific code to 
identify imported wastes.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm. See the 
file: ``2001 Hazardous Waste Report (Biennial Report), Part A Permit 
Application, and Notification of Regulated Waste Activity Information 
Collection Request.'' Detailed discussion of this recommendation is 
found in Recommendation 14 of the Internet document.

(5) Clarify Types of Hazardous Wastes To Be Reported on the Biennial 
Report

    Background: Interim status and permitted treatment, storage and 
disposal facilities report hazardous waste received from off-site, 
wastes accumulated onsite, wastes managed on-site, and shipments of 
hazardous waste off-site.
    Large quantity generators report the hazardous waste that are 
generated, accumulated, and subsequently managed on-site or shipped 
off-site.
    One complication to this reporting system is that 40 CFR parts 260 
to 273 exempt specific hazardous wastes and distinct hazardous waste 
management processes from regulation. When these exemptions were 
crafted, the issue of whether the wastes involved should be reported in 
the Biennial Report was not addressed. This created uncertainty as to 
whether the wastes should be reported. EPA has provided guidance, but 
there has still been confusion about the issue. We are providing 
clarification in today's notice. We will consider comments on our 
position, and will issue more definitive guidance in the instructions 
for the 2001 Biennial Report.
    Recommendation: The exemptions in 40 CFR parts 260 to 273 have 
their own regulatory histories and backgrounds, and as mentioned above, 
EPA often did not clarify whether the waste should be reported in the 
Biennial Report when the exemption was created. EPA, in consultation 
with a number of states and other stakeholders, considered various 
approaches to defining which wastes should be reported. We concluded 
that the simplest approach is to change the Biennial Report 
instructions to clarify that generators should report only the 
hazardous wastes which count toward the determination of their 
generator status. See 40 CFR 261.5(c) and (d).
    A list of the specific exemptions is on the Internet site listed 
below. Examples include hazardous waste that is a specified recyclable 
material such as ethyl alcohol or scrap metal and hazardous wastes that 
are recycled on-site without prior storage or accumulation. If you are 
not sure whether your waste is exempt, check with your state. 
(Individual states may require reporting of items that the EPA has 
considered exempt, so it is important to check with your state.)
    TSDFs should report hazardous waste received from off-site, the 
management of the hazardous waste while on-site, and the shipments of 
hazardous waste off-site. In general, if a waste comes in to the TSDF 
accompanied by the Hazardous Waste Manifest, it is subject to the 
Biennial Report.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm. See the 
file: ``2001 Hazardous Waste Report (Biennial Report), Part A Permit 
Application, and Notification of Regulated Waste Activity Information 
Collection Request.'' Detailed discussion of this recommendation is 
found in Recommendation 15 of the Internet document.

(6) Streamline Biennial Report Source, Origin, Form, and Management 
Codes

    Background: A review of the information needs identified by WIN/
Informed suggests that the existing Biennial Report Source, Origin, 
Form and Management codes could be streamlined to improve the 
usefulness of the information we receive. We plan to:
     Consolidate, regroup, and merge current Source codes with 
the current Origin codes.
     Revise Form codes so that there would be 47 codes instead 
of 89.
     Eliminate overlap between Management Method and Form 
codes. Each is discussed below.
A. Combine Source and Origin Code
    There is significant complexity in the way the existing Biennial 
Report Source and Origin codes are defined. This is a result of the 
overlap in the coverage of the two coding structures, and it has led to 
data quality and consistency problems.
    Recommendation: The current Source codes will be consolidated, 
regrouped, and merged with the Origin codes to provide a simpler coding 
structure. This approach should allow for more meaningful and 
consistent responses and reduce some of the reporting burden. This 
scheme will reduce the number of choices from 60 to 30 and the groups 
from 7 to 6. The planned coding structure is available on the Internet 
site listed below.
B. Simplify Form Codes
    The physical form of a generated waste is collected on the Biennial 
Report using 89 specific codes in 9 high-level groups. This is the most 
elaborate of the Biennial Reporting coding structures, and the most 
difficult for respondents to use, and for information users to analyze.
    Recommendation: The new Form codes we are considering combine 
similar existing codes, using the

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information included in the waste code descriptions to reduce the 
complexity and overlap of information between the two. This new coding 
system maintains the level of information needed by EPA and the states. 
Wastes will be better described and categorized. This will decrease 
confusion for the reporters.
    The table providing the planned coding structure is available on 
the Internet site listed below. The number of Form codes is reduced 
from 89 to 47, with 7 high level groups. In some cases, there is not an 
exact translation from the old Form codes to the new ones, but for 
most, there is a path to ensure continuity for trend analysis.
C. Revise Management Method Codes to Eliminate Overlap
    The current Management Method coding structure both duplicates and 
conflicts with the current Form codes. For example, there are five 
distinct Management Method codes for waste incineration, depending on 
the physical form of the waste being incinerated. This leads to such 
reporting anomalies as a waste of the physical form B201 (concentrated 
solvent-water solution) being managed by system M043 (incineration--
solids).
    Recommendation: The existing Management Method coding structure 
will be revised to eliminate overlap with the Form codes. This revised 
coding structure is based in part on analysis of the frequency and 
perceived accuracy with which different Management method codes were 
reported in the 1995 BRS data. The impact of the Land Disposal 
Restrictions (LDR) treatment codes was also considered in establishing 
this list. This reduces the detailed list from 65 to 28 and the high-
level groups from 14 to 4. We believe this recommendation will result 
in increased data accuracy and quality through reduced variation in 
response, and will decrease burden. A table with revised codes is 
available on the Internet site listed below.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm. See the 
file: ``2001 Hazardous Waste Report (Biennial Report), Part A Permit 
Application, and Notification of Regulated Waste Activity Information 
Collection Request.'' Detailed discussion of this recommendation is 
found in Recommendation 16 of the Internet document.

(7) Removal of Data Elements From the Biennial Report

    WIN/Informed recommended the elimination of a number of Biennial 
Report data elements. They are: Point of Measurement, Standard 
Industrial Classification (SIC), and Off-site availability, and for the 
2003 cycle, Radioactive Mixed Waste.
A. Point of Measurement
    The Point of Measurement on the Generation and Management (GM) form 
consists of four codes showing whether the waste being reported was 
mixed with other wastes prior to being measured. WIN/Informed 
identified no significant need for this information. Additionally, 
because the Point of Measurement is confusing to respondents, the data 
we receive is often of questionable quality. Thus, we plan to eliminate 
it.
B. Standard Industrial Classification (SIC)
    Since we are proposing to add the North American Industrial 
Classification System (NAICS) codes (the replacement for the SIC codes) 
to the new RCRA Site Identification form, we plan to remove the SIC 
from the GM form.
C. Off-Site Availability
    This code shows whether an off-site facility is a commercially-
available TSDF, or if it is only permitted to accept wastes from firms 
owned by the same company. WIN/Informed did not find any need for this 
information, so we plan on eliminating it.
D. RCRA Radioactive Mixed Waste
    The Biennial Report asks whether the waste being reported is a RCRA 
Radioactive Mixed Waste. WIN/Informed did not find a significant 
national need for this information. However, we learned that some 
existing EPA compliance agreements with federal facilities require this 
data for compliance monitoring. We determined that it would be 
disruptive to drop the requirement since it was being used in these 
limited areas. So, it will continue to be collected for the 2001 
Biennial Report cycle. At this time, however, we are planning to remove 
it starting with the 2003 Biennial Report, as long as the compliance 
agreement information needs are able to be satisfied by another source 
of information.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm.
    See the file: ``2001 Hazardous Waste Report (Biennial Report), Part 
A Permit Application, and Notification of Regulated Waste Activity 
Information Collection Request.'' Detailed discussion of this 
recommendation is found in Recommendation 17 of the Internet document.

(8) Make the Source Code on the Biennial Report Mandatory

    Currently, the Source Code is a data element on the Biennial Report 
that is voluntary to complete. We plan to make it mandatory to 
complete.
    WIN/Informed identified a number of information needs that are met 
by the Source Code. Regulators need to be able to distinguish among the 
following types of hazardous wastes:

--Ongoing generation from production and service processes
--Residuals from on-site management
--One-time or sporadic generation (for example, discarding off-
specification or out-of-date chemicals, process equipment change-out, 
lagoon drag-out)
--Generated by spills or accidental releases
--Generated by remediation of past contamination (this includes 
Superfund or state cleanups, RCRA closure or corrective action)
    Within each of the categories, participants in WIN/Informed 
identified a need for detailed information on the specific industrial 
or waste management processes generating the wastes. With this 
recommendation, regulators will be dbetter able to target inspections.
    Planned Biennial Report instructions revisions are on the Internet 
at: http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm. See the 
file: ``2001 Hazardous Waste Report (Biennial Report), Part A Permit 
Application, and Notification of Regulated Waste Activity Information 
Collection Request.'' Detailed discussion of this recommendation is 
found in Recommendation 25 of the Internet document.

III. Burden Statement

    The following is an estimate of the total annual cost and hour 
burden to the regulated community for the changes described in this 
notice:
     Biennial Report currently: 164,303 hours and $24,723. 
Biennial Report with proposed changes: 158,027 hours and $24,671.
     Notification currently: 100,137 hours and $130,725. New 
RCRA Site ID form: 83,298 hours and $130,725.
     Part A currently: 945 hours and $424. Part A with changes: 
893 hours and $424.
    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 or implementing agency. This 
includes the time needed to review

[[Page 39146]]

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. EPA estimates that the changes 
discussed today, when implemented, will reduce burden by 23,000 hours 
and an insignificant number of dollars.

    Dated: June 14, 2000.
Elizabeth Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 00-15912 Filed 6-22-00; 8:45 am]
BILLING CODE 6560-50-P