[Federal Register Volume 66, Number 197 (Thursday, October 11, 2001)]
[Notices]
[Pages 51949-51951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25588]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7078-3]


Agency Information Collection Activities Up for Renewal: Comment 
Request; State Program Adequacy Determination--Municipal Solid Waste 
Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal 
Units That Receive Conditionally Exempt Small Quantity Generator 
(CESQG) Hazardous Waste

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 EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): State Program Adequacy Determination--
Municipal Solid Waste Landfills (MSWLFs) and Non-municipal, Non-
hazardous Waste Disposal Units that Receive Conditionally Exempt Small 
Quantity Generator (CESQG) Hazardous Waste, ICR Number 1608.03, OMB 
control number 2050-0152, currently expiring on April 30, 2002. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the proposed continuing information 
collection as described below.

DATES: Comments must be submitted on or before December 10, 2001.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing docket number F-2001-SIRP-FFFFF to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency Headquarters (EPA HQ), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Hand deliveries of comments should be made to the 
Arlington, VA, address below. Comments also may be submitted 
electronically through the Internet to: [email protected]>. Comments 
in electronic format also should be identified by the docket number F-
2001-SIRP-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 electronically submit 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, 1200 Pennsylvania Ave, 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 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 
include all comments submitted in writing. EPA's response to comments, 
both written and electronic, will be placed in the official record. The 
Agency's response to major comments may also be published in a notice 
in the Federal Register. EPA will not immediately reply to commenters

[[Page 51950]]

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 
information collection, contact Steven Levy, Office of Solid Waste 
(5306W), 1200 Pennsylvania Ave, NW., Washington, DC 20460, (703) 308-
7267, or [email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
states that seek approval of permit programs for MSWLFs and for non-
municipal, non-hazardous waste disposal units that receive CESQG waste, 
or approval of modifications of previously approved permit programs for 
MSWLFs.
    Title: State Program Adequacy Determination--Municipal Solid Waste 
Landfills (MSWLFs) and Non-municipal, Non-hazardous Waste Disposal 
Units that Receive Conditionally Exempt Small Quantity Generator 
(CESQG) Hazardous Waste, OMB Control No. 2050-0152, ICR Number 1608.03, 
renewal of ICR Number 1608.02, which expires April 30, 2002.
    Abstract: Section 4010(c) of the Resource Conservation and Recovery 
Act (RCRA) of 1976 requires that EPA revise the landfill criteria 
promulgated under paragraph (1) of Section 4004(a) and section 
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid 
Waste Amendments (HSWA) of 1984, requires states to develop and 
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste 
or CESQG hazardous waste are in compliance with the revised criteria 
for the design and operation of non-municipal, non-hazardous waste 
disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR 
part 258. (40 CFR part 257, subpart B and 40 CFR part 258 are 
henceforth referred to as the ``revised federal criteria''.) Section 
4005(c) of RCRA further mandates the EPA Administrator to determine the 
adequacy of state permit programs to ensure owner and/or operator 
compliance with the revised federal criteria. A state program that is 
deemed adequate to ensure compliance may afford flexibility to owners 
or operators in the approaches they use to meet federal requirements, 
significantly reducing the burden associated with compliance.
    In response to the statutory requirement in section 4005(c), EPA 
developed 40 CFR part 239, commonly referred to as the State 
Implementation Rule (SIR). The SIR describes the state application and 
EPA review procedures and defines the elements of an adequate state 
permit program.
    The collection of information from the state during the permit 
program adequacy determination process allows EPA to evaluate whether a 
program for which approval is requested is appropriate in structure and 
authority to ensure owner or operator compliance with the revised 
federal criteria. The SIR does not require the use of a particular 
application form. Section 239.3 of the SIR, however, requires that all 
state applications contain the following five components:
    (i) A transmittal letter requesting permit program approval.
    (ii) A narrative description of the state permit program, including 
a demonstration that the state's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are 
technically comparable to the part 257, subpart B criteria and/or that 
its MSWLF standards are technically comparable to the part 258 
criteria.
    (iii) A legal certification demonstrating that the state has the 
authority to carry out the program.
    (iv) Copies of state laws, regulations, and guidance that the state 
believes demonstrate program adequacy.
    (v) Copies of relevant state-tribal agreements if the state has 
negotiated with a tribe for the implementation of a permit program for 
non-municipal, non-hazardous waste disposal units that receive CESQG 
hazardous waste and/or MSWLFs on tribal lands.
    The EPA Administrator has delegated the authority to make 
determinations of adequacy, as contained in the statute, to the EPA 
Regional Administrator. The appropriate EPA Regional Office, therefore, 
will use the information provided by each state to determine whether 
the state's permit program satisfies the statutory test reflected in 
the requirements of 40 CFR part 239. In all cases, the information will 
be analyzed to determine the adequacy of the state's permit program for 
ensuring compliance with the federal revised criteria.
    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.
    EPA is soliciting 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 enable them 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 total burden for states, territories, and the EPA regions for 
the collection and evaluation of information under this ICR is 
estimated to be about 9,568 hours and $424,614. The estimated burden 
includes time for reviewing instructions, searching existing data 
sources, gathering and maintaining necessary data, and completing and 
reviewing the collection of information. The ICR supporting statement 
describes the assumptions and information sources used to develop the 
burden estimate for this ICR. For a copy of the supporting statement, 
contact the RCRA Hotline at the telphone numbers listed above or Steven 
Levy at (703) 308-7267, or e-mail [email protected]>. Requests should 
reference the document title, ``Supporting Statement for EPA 
Information Collection Request #1608.03.'' There is no recordkeeping 
burden associated with this ICR.


[[Page 51951]]


    Dated: September 27, 2001.
Elizabeth A. Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 01-25588 Filed 10-10-01; 8:45 am]
BILLING CODE 6560-50-P