[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Notices]
[Pages 2878-2879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1498]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7131-2]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; RCRA Expanded Public Participation

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): RCRA Expanded Public Participation, EPA 
ICR Number 1688.04, OMB Control Number 2050-0149 (expiration date May 
31, 2002). 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 25, 2002.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing Docket Number F-2001-R3IP-FFFFF to RCRA Docket 
Information Center, Office of Solid Waste (5305G) United States 
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC, 20460. Hand deliveries of comments should 
be made to the Arlington, VA address listed below. Comments may also be 
submitted electronically by sending electronic mail through the 
Internet to: [email protected]. Comments in eletronic format 
should also be identified by the Docket Number F-2001-R3IP-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 Information Center (the RIC address is listed 
above in this section). Commenters should not submit any confidential 
business information (CBI) electronically. An original and two copies 
of CBI must be submitted under separate cove to: RCRA CBI Document 
Control Officer, Office of Solid Waste (5303W), United States 
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Mailcode 5305W, Washington, DC, 20460. Public comments and 
supporting materials are available for viewing in the RCRA Information 
Center (RIC), located at Crystal Gateway, 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 are $0.15/page. 
This notice and the supporting documents that detail the ICR renewal 
are also available.

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 Toshia King, Office of Solid Waste (5303W), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC, 20460, (703) 308-7033, [email protected].
    The docket index and some supporting documents in the docket for 
this ICR are available in electronic format on the Internet at http://
www.epa.gov/epaoswer/hazwaste/permit/pub~icr.htm>.
    We will keep the official record for this action in paper form. The 
official record is the paper record maintained at the RCRA Information 
Center, also referred to as the Docket, at the address provided in the 
ADDRESSES section at the beginning of this document.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
owners and operators of facilities that treat, store, or dispose of 
hazardous waste to comply with standards, under Section 3004 of RCRA, 
that are necessary to protect human health and the environment.
    Title: RCRA Expanded Public Participation, EPA ICR Number 1688.04. 
OMB control Number 2050-0149, expiration date: 05/31/2002.
    Abstract: Congress gave EPA broad authority to provide for public 
participation in the RCRA permitting process. EPA promulgated 
requirements for providing additional opportunities for the public to 
be involved in the RCRA permitting process at 40 CFR part 124, 124.31 
through 124.33 and 40 CFR part 270, 270.62 and 270.66. The part 124 
requirements apply to all types of hazardous waste treatment, storage, 
and disposal facilities, unless exempted under a specific section; the 
part 270 requirements apply only to hazardous waste combustors planning 
trial burns.
    The public participation regulations at parts 124 and 270 were 
promulgated by EPA under the authority of subtitle C in RCRA to provide 
earlier and better public participation in the hazardous waste facility 
permitting process. In summary the regulations require a permit 
applicant to provide notice of and hold an informal meeting with the 
public before submitting a part B application, and to submit a summary 
of the meeting to the agency (Sec. 124.31). This meeting is the 
earliest formal step in the RCRA permitting process. The agency is 
required to issue a public notice when it receives an application 
(Sec. 124.32). The notice informs the recipient that the facility has 
submitted a permit application for agency review. Certain facilities 
(as decided by the agency director on a case-by-case basis) are 
required to set up and maintain an information repository 
(Sec. 124.33). Lastly, the agency is required to issue a public notice 
of an upcoming trial burn at a permitted hazardous waste combustion 
facility (Secs. 270.62(b)((6) and 270.66(d)(3)), or at a hazardous 
waste combustion facility operating under interim status 
(Secs. 270.62(d) and 270.66(g)).
    This information collection targets the reporting frequency and 
requirements of the permit and assures public involvement regulations 
are met by owners or operators. The reporting frequency is essential to 
assure that any changes in the trial burn plans or in the anticipated 
permit application contents are made known to EPA and to the public. 
The requirements in this rule are also consistent with EPA's current 
policies on public participation. In December of 2000, EPA requested 
public comment on its Draft 2000 Public Involvement Policy (65 FR 
82335; December 28, 2000). The draft policy updates an earlier policy 
issued in 1981.

[[Page 2879]]

Among other things, the draft policy calls for a strengthened 
commitment to meaningful public involvement, greater attention to the 
specific concerns and interest of affected people and entities, and use 
of a wider variety of public involvement techniques. In this regard, 
the RCRA Expanded Public Participation Rule can serve as an example to 
other EPA programs of how to achieve many of the goals of the policy. 
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 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: EPA estimated respondent burden hours for the 
information collection requirements associated with the pre-application 
meeting and the information repository requirements. The estimated 
number of likely respondents subject to pubic participation activities 
required under this collection of information is 33. The total annual 
burden to respondents, as estimated for all public participation 
reporting and recordkeeping activities under this collection of 
information is 3,005 hours. The total estimated average annual burden 
cost to respondents required to perform public participation activities 
under this information collection request is $162,834 ($159,425 in 
labor cost, $546 in total capital cost, and $2,863 in O&M cost). The 
estimates for O&M cost include preparation of multilingual notices and 
the purchase of a file cabinet to retain copies and other required 
documentation. 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.

    Dated: January 15, 2002.
Matthew Hale,
Deputy Director, Office of Solid Waste.
[FR Doc. 02-1498 Filed 1-18-02; 8:45 am]
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