[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Notices]
[Pages 17702-17704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8130]


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ENVIRONMENTAL PROTECTION AGENCY

[SWH-FRL-6960-9]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; 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 1189.09, OMB Control Number 2050-0053, Expiration 
Date 9/30/01. 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 June 4, 2001.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-2001-IL2P-FFFFF to: RCRA Docket 
and Information Center, Office of Solid Waste (5305G), U.S. 
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania 
Avenue, N.W., 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-2001-IL2P-FFFFF. All electronic comments must be submitted as 
an ASCII file avoiding the use of special characters and any form of 
encryption.
    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. The official record 
is the paper record maintained in the RCRA Docket and Information 
Center.
    Commenters should not submit any confidential business information 
(CBI) electronically. 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. Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460.
    Public comments and supporting materials are available for viewing 
in the RCRA Docket and Information Center, located at Crystal Gateway 
I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RCRA 
Docket and Information Center 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. This 
notice and the supporting documents that detail the Identification, 
Listing and Rulemaking Petitions ICR are available electronically. See 
the SUPPLEMENTARY INFORMATION section for information on accessing 
them.

FOR FURTHER INFORMATION CONTACT: For detailed information on specific 
aspects of this rulemaking, contact James Michael by phone at (703) 
308-8610, by facsimile at (703) 308-0522, by mail at the Office of 
Solid Waste (5304W), U.S. Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or by e-
mail at [email protected]. For general information, contact the 
RCRA Call Center 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.

SUPPLEMENTARY INFORMATION:
    Internet Availability: Today's notice and the supporting documents 
that

[[Page 17703]]

detail the Identification, Listing and Rulemaking Petitions ICR are 
available on the Internet. Follow these instructions to access the 
information electronically: WWW:http://www.epa.gov/epaoswer/osw/hazwaste/id/petition/ index.htm
    FTP: ftp.epa.gov.
    Login: anonymous.
    Password: your Internet address.
    Path:/pub/epaoswer.
    Affected entities: Entities potentially affected by this action are 
rulemaking petitioners under 40 CFR 260.20(b), 260.21 and 260.22; 
owners and operators of facilities requesting a variance from 
classification as a solid waste under 40 CFR 260.30 -260.31 and 260.33; 
owners or operators of enclosed flame combustion devices requesting a 
variance under 40 CFR 260.32-260.33; 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 
1189.09, expires September 30, 2001.
    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. 
Under 40 CFR 260.32 and 260.33 a variance is available to owners or 
operators of enclosed flame combustion devices for classification as a 
boiler.
    40 CFR 261.3 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.
    EPA estimates that the total respondent burden for this ICR

[[Page 17704]]

(#1189.09) is 20,802 hours per year at a cost of $2,046,564. This is an 
increase of 691 hours from the previously approved ICR (#1189.06). This 
increase in burden occurred for several reasons.
    Based on its consultations with the EPA regions and authorized 
States, EPA decreased some of its estimates of the number of 
notifications and other paperwork submitted under the exclusions/
exemptions at 40 CFR 261.3 and 261.4. In addition, EPA decreased its 
estimate of the number of facilities reading the parts 260 and 261 
regulations. In ICR #1189.06, EPA estimated that 330 facilities would 
read the regulations each year; this estimate included facilities 
actively preparing/submitting paperwork, as well as those keeping 
records in support of their exemptions/exclusions. In this ICR, EPA 
revised this assumption, assuming that only facilities actively 
preparing/submitting paperwork would read the regulations (126 
facilities/yr); facilities that already have been granted an exclusion 
or exemption likely would not re-read the regulations for that waste. 
These decreased universe estimates led to a decrease in the burdens for 
the corresponding paperwork requirements.
    However, the burden decrease described above was offset because EPA 
increased the number of delisting petitions (from 15 per year in ICR 
#1189.06 to 20 per year in this ICR) and petitions for a variance from 
a solid waste (from 15 per year in ICR #1189.06 to 30 per year in this 
ICR). Again, EPA ascertained these estimates based on consultations 
with EPA regions and authorized States. EPA estimates that operation 
and maintenance (O&M) costs will be incurred for various activities. 
The largest of these are for sampling wastes for a delisting petition 
($28,006), and preparing a statement as part of a rulemaking petition 
($9,479). Total O&M costs for this ICR are $886,315 per year. EPA 
estimates that there will be no capital costs incurred. Finally, EPA 
estimates that the average annual burden per respondent ranges from 3.5 
hours (preparation of a nonwastwater exemption) to 748 hours 
(preparation of a delisting petition).

    Dated: March 26, 2001.
Elizabeth A. Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 01-8130 Filed 4-2-01; 8:45 am]
BILLING CODE 6560-50-P