[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Notices]
[Pages 66144-66147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27621]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7401-3]


Proposed Agency Information Collection Activities: Continuing 
Collection; Comment Request; Information Collection Request for MACT 
Reporting and Recordkeeping Requirements for the Hazardous Waste 
Combustors

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 MACT 
Reporting and Recordkeeping Requirements for the Hazardous Waste 
Combustors, EPA ICR Number 1773.06, OMB Control Number 2050-0171, 
expires February 28, 2003. In addition, EPA is also taking into account 
all subsequent changes to this rule that have been made since its 
promulgation, and is consolidating these changes under EPA ICR 
 1773.06. 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 December 30, 2002.

ADDRESSES: Comments must be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I.D. of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center 1-(800) 424-9346. For specific information regarding this 
notice, call Shiva Garg, (703) 308-8459, fax number (703) 308-8433, e-
mail [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Affected Entities

    Entities potentially affected by this action are hazardous waste 
combustors (HWCs) covered by 40 CFR part 63 (Subpart EEE) which 
generate, treat and store hazardous waste. Examples include hazardous 
waste incinerators, cement kilns and lightweight aggregate kilns that 
burn hazardous waste.

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

    1. Docket. EPA has established an official public docket for this 
ICR under Docket ID No. RCRA-2002-0030. 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 Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC 20004. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is (202) 566-1742, and the telephone number for the RCRA 
Docket is (202) 566-0270.
    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

[[Page 66145]]

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 Unit I.B.1. EPA intends to work towards providing 
electronic access to all of the publicly available docket materials 
through EPA's electronic public docket.
    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.
    For additional information about EPA's electronic public docket, 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

C. 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 in formulating a 
final decision. However, late comments may be considered if time 
permits. If you wish to submit CBI or information that is otherwise 
protected by statute, please follow the instructions in Unit I.D. Note: 
Do not use EPA Dockets or e-mail to submit CBI or information protected 
by statute.
    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 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-
2002-0030. 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-2002-0030. 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 Unit I.C.2. 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 one original and two copies of your comments to: 
RCRA Docket, Environmental Protection Agency, (Mailcode 5305T), 1200 
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. 
RCRA-2002-0030 .
    3. By Hand Delivery or Courier. Deliver your comments to: RCRA 
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC 20004. Attention Docket ID No. 
RCRA-2002-0030. Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in Unit I.B.
    4. By Facsimile. Fax your comments to: (202) 566-0224, Attention 
Docket ID. No. RCRA-2002-0030.

D. 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. An 
original and two copies of the 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. Attention Docket ID No. RCRA-2002-
0030. 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,

[[Page 66146]]

please consult the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

E. 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.

F. What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act, 
EPA specifically solicits comments and information to enable it to:
    (i) 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.
    (ii) Evaluate the accuracy of the Agency's estimates of the burdens 
for reporting and record Keeping requirements of the proposed 
collections of information.
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) 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.

II. Specific Information About This ICR Renewal

    A. Title: Information Collection Request for MACT Reporting and 
Record Keeping Requirements for the Hazardous Waste Combustors (OMB 
Control No. 2050-0171; EPA ICR No.1773.06), expiring February 28, 2003. 
This is a request for extension of a currently approved collection.
    B. Abstract: EPA regulates the burning of hazardous waste by 
several source categories of hazardous waste combustors under 40 CFR 
Part 63, Parts 264/265 (Subpart O), and Part 266 (Subpart H). On 
September 30, 1999, EPA promulgated (64 FR 52828) standards to control 
emissions of hazardous air pollutants from incinerators, cement kilns 
and lightweight aggregate kilns that burn hazardous wastes under 40 CFR 
Part 63. The ICR  1773.02 pertaining to the provisions of this 
rule was approved under OMB Control  2050-0171, expires on 
February 28, 2003, and is being renewed.
    The emission standards of the September 30, 1999 rule updated the 
earlier rules in effect on these sources under the Resource 
Conservation and Recovery Act (RCRA) under 40 CFR Parts 264 and 265, 
and were issued using both Clean Air Act (CAA) and RCRA authorities in 
a coordinated fashion. Rules under CAA created maximum achievable 
control technology (MACT) based standards for hazardous air pollutant 
emissions, assuring that combustion of hazardous waste in these devices 
is properly controlled, while the RCRA provisions satisfied our 
obligation to ensure that hazardous waste combustion is conducted in a 
manner protective of human health and the environment. We thus 
consolidated regulatory control of hazardous waste combustion into a 
single set of regulations, thereby minimizing the potential for 
conflicting or duplicative federal requirements and burden on the 
regulated community.
    A number of parties, representing interests of both industrial 
sources and of the environmental community, sought judicial review of 
the September 30, 1999 rule. On July 24, 2001, the United States Court 
of Appeals for the District of Columbia Circuit (the Court) granted the 
Sierra Club's petition for review and vacated the challenged portions 
of the rule. However, the Court invited us and the parties to the 
proceeding to file a motion to delay issuance of its mandate to request 
either that the current standards remain in place or that EPA be 
allowed reasonable time to develop interim standards. EPA and the 
parties to the proceeding agreed to take several actions, and the Court 
concurred on them. First, we agreed to issue a one-year extension to 
the compliance date of September 30, 2002 promulgated in the September 
30, 1999 rule. On December 6, 2001 (66 FR 63313), we published a final 
rule which extended the compliance date to September 30, 2003. Second, 
we committed to publish an interim rule with revised emission standards 
and to finalize several compliance and implementation amendments to the 
rule. These interim standards and compliance and implementation 
amendments were promulgated on February 13 and 14, 2002 (67 FR 6792 and 
67 FR 6968). The interim standards replace the vacated standards, until 
we finalize final replacement standards that comply with the Court's 
mandate. Finally, we agreed to issue the final replacement standards by 
June 14, 2005. EPA also issued three technical correction notices to 
the rule since the last ICR was approved. They were published at 65 FR 
42292 (July 10, 2000), 65 FR 67268 (November 9, 2000), and 66 FR 24270 
(May 14, 2001). This ICR revision takes into account the changes to the 
paperwork burden related to all the above stated changes to the 
September 30, 1999 rule to-date, as well as to the changes in the 
hazardous waste combustor universe since the last ICR approval.
    During the settlement negotiations, we have had several meetings 
with all the parties affected by the rule. We collected new information 
about the operations of the HWCs through these meetings. We also 
obtained newer test burn and trial burn reports from the EPA Regions 
and the States, which updated our earlier information on the regulated 
community. We then published a Federal Register notice of data 
availability (NODA) for these sources at 67 FR 44452 (July 2, 2002) 
inviting public comments on our updated database. In response, we 
received over 55 comments, many of which included detailed information 
about the operation of the HWCs and supplementary test reports. These 
comments are available for public viewing under Docket  RCRA-
2002-0019 and were used in the preparation of this renewal ICR.
    The information collection required under this ICR is mandatory for 
the regulated sources, as it is essential to properly enforce the 
emission limitation requirements of the rule and will be used to 
further the proper performance of the functions of EPA. EPA believes 
that if the minimum requirements specified under the regulations are 
not met, EPA will not fulfill its Congressional mandate to protect 
public health and the environment. EPA, however, has made extensive 
efforts to integrate the monitoring, compliance testing and 
recordkeeping requirements of the CAA and RCRA, so that the facilities 
are able to avoid the burden of

[[Page 66147]]

duplicate and unnecessary submissions. We also ensure, to the fullest 
extent by law, the confidentiality of the submitted to information. EPA 
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.
    C. Burden Statement: The current annual burden to the 171 
respondents under this ICR is estimated at 68,269 hours, or an average 
of 399 hours per respondent. See ICR Numbers 1773.02 thru 1773.06 in 
the Docket No. RCRA-2002-0030 for details. 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: October 23, 2002.
Barnes Johnson,
Acting Director, Office of Solid Waste.
[FR Doc. 02-27621 Filed 10-29-02; 8:45 am]
BILLING CODE 6560-50-P