[Federal Register Volume 67, Number 123 (Wednesday, June 26, 2002)]
[Notices]
[Pages 43106-43109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16133]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7237-4]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; ``Information Collection Request for RCRA Reporting 
and Recordkeeping Requirements for Incinerators, Boilers and Industrial 
Furnaces Burning 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 notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Information Collection Request for RCRA 
Reporting and Recordkeeping requirements for Incinerators, Boilers and 
Industrial furnaces Burning Hazardous Waste, EPA ICR No. 1361.09, OMB 
Control No. 2050-0073, expires 10/31/02. 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.

[[Page 43107]]


DATES: Comments must be submitted on or before August 26, 2002.

ADDRESSES: Commenters must send an original and two copies of their 
comments referencing EDocket number RCRA-2002-0023 to: RCRA Docket 
Information Center, Office of Solid Waste (5305G), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., 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 EDocket number RCRA 2002-0023. 
All electronic comments must be submitted as an ASCII file avoiding the 
use of specific 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 (5302W), U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue NW., Washington, DC 20460.
    Public comments and supporting materials are available for viewing 
in the RCRA Information Center (RIC), located at Crystal Gateway 1, 
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 pages cost $0.15/page. This notice and the supporting 
documents that detail the National Waste Minimization Partnership 
Program ICR are also available electronically. See the SUPPLEMENTARY 
INFORMATION section for information on accessing them.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center 1-800/424-9346. For specific information regarding this 
notice, call Margaret R. Bailey, 703/308-4043, fax number 703/308-8433, 
e-mail ``[email protected].''

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those which generate, treat and store hazardous waste. The URL for the 
Waste Minimization Partnership Program ICR is http://www.epa.gov/
epaoswer/hazwaste/minimize/partner.htm>.

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under EDocket No. RCRA-2002-0023. The official public docket is 
the collection of materials that is available for public viewing at 
RCRA Docket Information Center, Office of Solid Waste (5305G), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC. 20460. This Docket Facility is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 603-9230. The public may copy a maximum of 
100 pages from any regulatory docket at no charge. Additional pages 
cost $0.15/page. This notice and the supporting documents that detail 
the National Waste Minimization Partnership Program ICR are also 
available electronically.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system. EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the docket 
facility identified in Unit 1.B.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contract information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification,

[[Page 43108]]

EPA may not be able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa..gov/edocket, and follow the 
online instructions for submitting comments. Once in the system, select 
``search,'' and then key in EDocket No. RCRA-2002-0023. The system is 
an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    Comments may be sent by electronic mail (e-mail) to 
[email protected]., Attention EDocket ID No. RCRA-2002-0023. 
In contrast to EPA's electronic public docket, EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly to the Docket without going through EPA's electronic public 
docket, EPA's e-mail system automatically captures your e-mail address. 
E-mail addresses that are automatically captured by EPA's e-mail system 
are included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket.
    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified. These electronic submissions will be 
accepted in WordPerfect or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Send an original and two copies of their comments 
referencing EDocket number RCRA-2002-0023 to: RCRA Docket Information 
Center, Office of Solid Waste (5305G) U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460. Attention 
Docket ID No. .
    3. By Hand Delivery or Courier. Hand deliveries of comments should 
be made to the Arlington, VA, address: USEPA Crystal Station (CS), 2800 
Crystal Drive, Arlington, Virginia 22202.
    4. By Facsimile. Fax your comments to: 703/308-8433, Attention 
Docket ID No. .

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the for further information contact section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.
    Title: Information Collection Request for RCRA Reporting and 
Recordkeeping requirements for Incinerators, Boilers and Industrial 
Furnaces Burning Hazardous Waste, ICR Number 1361.09, OMB Control 
Number 2050-0073, expiring 10/31/02.
    Abstract: EPA regulates the burning of hazardous waste in 
incinerators, and cement and lightweight aggregate kilns under 40 CFR 
part 63, parts 264/265 (Subpart O) and part 266 (Subpart H). The Agency 
promulgated the MACT standards for the above hazardous waste combustion 
facilities on September 30, 1999 under the joint authority of the Clean 
Air Act and Resource Conservation and Recovery Act (RCRA). See 64 FR 
52828. The promulgated rule generated legal challenges, petitions and 
clarification questions from the stakeholders, environmentalists, EPA 
Regions, States, engineering consultants and the public. The Agency 
contested several litigation issues and found others amenable to 
resolution buy amending some portions of the rule.
    At this time the Agency wishes to renew the ICR and incorporate any 
changes to burden from the rule amendments. The burden the Agency is 
taking comment on today, however, is the current OMB inventory burden, 
which was approved in October 1999.
    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: The total average annual hourly burden for this 
ICR is estimated to be 316,892 hours for 1,850 responses, which is 
roughly 171 hours per response. The total annual cost of this ICR is 
estimated to be $26,221,000 which represents $7,696.000 for capital/
start-up costs, and $18,525,000 for operation and maintenance cost. 
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

[[Page 43109]]

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: June 17, 2002.
Elizabeth A. Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 02-16133 Filed 6-25-02; 8:45 am]
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