[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Notices]
[Pages 52718-52720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20453]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7258-1]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; General Hazardous Waste Facility Standards

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): General Hazardous Waste Facility 
Standards, EPA ICR # 1571.07, OMB Control Number 2050-0120, expires 
December 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 October 15, 2002.

ADDRESSES: Comments may be submitted by mail, through hand delivery/
courier, or electronically. Follow the detailed instructions as 
provided in the SUPPLEMENTARY INFORMATION section.
    The mailing address, referencing Docket ID No. RCRA-1999-0027, is: 
RCRA Docket Information Center, Office of Solid Waste (5305G), U.S. 
Environmental Protection Agency Headquarters, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460-001. Hand deliveries of comments should be 
made to the Arlington, Virginia 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 
ID No. RCRA-1999-0027. All electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption.
    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 (5303W), U.S. EPA, 1200 Pennsylvania Avenue NW., 
Washington DC 20460-001.
    Hand deliveries must be brought to the RCRA Information Center 
(RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson Davis 
Highway, Arlington, VA. The RIC is open from 9:00 a.m. to 4:00 p.m. 
Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: David Eberly by phone at (703) 308-
8645, by mail at the Office of Solid Waste (5303W), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-
001, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

A. How Can I Get Copies of the ICR Supporting Statement and Other 
Related Information?

    1. Docket. EPA has established an official public docket for this 
ICR under Docket ID No. RCRA-1999-0027. The official public docket 
consists of the documents specifically referenced in the ICR, any 
public comments received, and other information related to this ICR. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the RCRA Information Center (see ADDRESSES above). This Docket Facility 
is open from 9:00 a.m. to 4:00 p.m. Monday through Friday, excluding 
federal holidays. 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
    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/.
    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 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. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic 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 A.1 above.
    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, 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 in formulating a final 
decision.
    1. Electronically. If you submit an electronic comment as 
prescribed

[[Page 52719]]

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 contact 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, EPA may not be able to consider your comment.
    i. EPA Dockets. 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. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. RCRA-
1999-0027. 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.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], Attention Docket ID No. RCRA-1999-0027. 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.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in ADDRESSES. 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 Docket ID No. RCRA-1999-0027, to: RCRA Docket Information 
Center, Office of Solid Waste (5305G), U.S. Environmental Protection 
Agency Headquarters, 1200 Pennsylvania Avenue NW., Washington, DC 
20460-001.
    3. By Hand Delivery or Courier. Deliver your comments to: RCRA 
Information Center (RIC), located at Crystal Gateway I, First Floor, 
1235 Jefferson Davis Highway, Arlington, VA, Attention Docket ID No. 
RCRA-1999-0027. Such deliveries are only accepted during the Docket's 
normal hours of operation, from 9:00 a.m. to 4:00 p.m. Monday through 
Friday, excluding federal holidays.

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. 
Send or deliver information identified as CBI only to: RCRA CBI 
Document Control Officer, Office of Solid Waste (5303W), U.S. EPA, 1200 
Pennsylvania Avenue NW., Washington DC 20460-001, Attention Docket ID 
No. RCRA-1999-0027. 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 Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information. In particular, for this 
ICR, EPA is soliciting information on the estimates for performing 
waste analyses as required in 40 CFR 264.13(a)(1) and 40 CFR 
265.13(a)(1).
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.
    Affected entities: Entities potentially affected by this action are 
owners and operators of hazardous waste treatment, storage, and 
disposal facilities.
    Title: General Hazardous Waste Facility Standards, EPA ICR # 
1571.07, OMB Control Number 2050-0120, expires on December 31, 2002.
    Abstract: Section 3004 of the Resource Conservation and Recovery 
Act (RCRA), as amended, requires that the U.S. Environmental Protection 
Agency (EPA) develop standards for hazardous waste treatment, storage, 
and disposal facilities (TSDFs) as may be necessary to protect human 
health and the environment. Subsections 3004(a)(1), (3), (4), (5), and 
(6) specify that these standards include, but not be limited to, the 
following requirements:
     Maintaining records of all hazardous wastes identified or 
listed under subtitle C that are treated, stored, or disposed of, and 
the manner in which such wastes were treated, stored, or disposed of;
     Operating methods, techniques, and practices for 
treatment, storage, or disposal of hazardous waste;
     Location, design, and construction of such hazardous waste 
treatment, disposal, or storage facilities;
     Contingency plans for effective action to minimize 
unanticipated damage from any treatment, storage, or disposal of any 
such hazardous waste; and

[[Page 52720]]

     Maintaining or operating such facilities and requiring 
such additional qualifications as to ownership, continuity of 
operation, training for personnel, and financial responsibility as may 
be necessary or desirable.
    The regulations implementing these requirements are codified in the 
Code of Federal Regulations (CFR) Title 40, parts 264 and 265. The 
collection of this information enables EPA to properly determine 
whether owners/operators or hazardous waste treatment, storage, and 
disposal facilities meet the requirements of Section 3004(a) of RCRA. 
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.
    Burden Statement: This proposed ICR is an estimate of the total 
respondent burden for all activities related to general facility 
operating requirements, record keeping requirements, contingency plan 
and emergency reporting requirements, releases from solid waste 
management units, closure/post-closure requirements, financial 
requirements, corrective action management unit requirements, and 
conditions applicable to all permits.
    The total burden to respondents as estimated in the proposed ICR 
for ``General Facility Standards (#1571.07)'' is 719,059 hours per 
year, at a cost of $45,380,950 per year. This estimate was based on 
owners and operators of hazardous waste management facilities complying 
with the information collection requirements set forth in 40 CFR parts 
264 and 265, subparts B-H and by using an average hourly respondent 
labor cost (including overhead) of $108.00 for legal staff, $77.00 for 
managerial staff, $57.00 for technical staff, and $29.00 for clerical 
staff. EPA estimates the total number of respondents per year to be 
2,724, which includes both permitted and interim status facilities. The 
number of respondents varies depending upon the category of each 
facility and the required activity.
    The annual public reporting burden and record keeping burden for 
this collection of information is estimated to average 319 hours per 
respondent.
    For general facility operating standards, there is no associated 
reporting. The record keeping burden for general facility operating 
standards is estimated to average 119 hours per respondent per year. 
This estimate includes time for reading the regulations, preparing and 
submitting notices, collecting and documenting waste analysis data, and 
developing a waste analysis plan, inspection schedule, personnel 
training schedule, and construction quality assurance plan.
    For operating record requirements, the record keeping burden is 
estimated to average 131 hours per year. This burden includes time to 
collect and file information in the operating record. There is no 
associated reporting burden for these requirements.
    For contingency plan and emergency procedure requirements, there is 
no associated reporting burden. The record keeping burden is estimated 
to average one hour per respondent per year.
    For requirements covering releases from solid waste management 
units, the public reporting burden is estimated to average 1 hour per 
respondent per year. This estimate includes time to read the 
regulations and prepare and submit demonstrations. There is no 
associated record keeping burden for these requirements.
    For closure and post-closure requirements, the public reporting 
burden is estimated to average 45 hours per respondent per year. This 
estimate includes time to read the regulations; prepare and submit 
plans, notices, demonstrations, certifications, and records; and make 
modifications to plans. The record keeping burden is estimated to 
average 1 hour per respondent per year.
    For financial requirements, the public reporting burden is 
estimated to average 16 hours per respondent per year. This estimate 
includes time to read the regulations and prepare and submit financial 
and liability assurance documentation. There is no associated record 
keeping burden for these requirements.
    For permit condition requirements, the public reporting burden is 
estimated to average 6 hours per respondent per year. This estimate 
includes time to read the regulations, and prepare and submit 
information requested by EPA, required by the permit, or required as a 
result of an incident that occurs at the facility. There is no 
associated record keeping burden for these requirements.
    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: August 2, 2002.
Elizabeth A. Cotsworth,
Director, Office of Solid Waste.
[FR Doc. 02-20453 Filed 8-12-02; 8:45 am]
BILLING CODE 6560-50-P