[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Pages 11547-11548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5747]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2002-0030, FRL-7464-1]


Agency Information Collection Activities; Submission of EPA ICR 
No. 1773.06 (OMB No. 2050-0171) to OMB for Review and Approval; Comment 
Request

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 the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: NESHAP for Hazardous Waste 
Combustors (40 CFR part 63, subpart EEE)--(Renewal), (OMB Control No. 
2050-0171, EPA ICR No. 1773.06). The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before April 10, 
2003.

ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center (800) 424-0346. For specific information regarding this 
notice, call Shiva Garg, Hazardous Waste Minimization and Management 
Division, Office of Solid Waste, Mail Code 5302W, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-8459; fax number: (703) 308-8433; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On October 30, 2002 (67 FR 66144), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. RCRA-2002-0030, which 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. 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. An electronic version of the public docket is available 
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use 
EDOCKET to submit or view public comments, access the index listing of 
the contents of the 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 ID number identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice, and according to the following detailed 
instructions: (1) Submit your comments to EPA online using EDOCKET (our 
preferred method), by e-mail to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Mailcode: 5305T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and (2) Mail your 
comments to OMB at: Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 
725 17th Street, NW., Washington, DC 20503.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose public 
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 EDOCKET. The 
entire printed comment, including the copyrighted material, will be 
available in the public docket. Although identified as an item in the 
official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to http://www.epa.gov/edocket.
    Title: NESHAP for Hazardous Waste Combustors (40 CFR part 63, 
subpart EEE)--(Renewal), (OMB Control No. 2050-0171, EPA ICR Number 
1773.06).

[[Page 11548]]

This is a request to renew an existing approved collection that is 
scheduled to expire on October 31, 2004. Under the OMB regulations, the 
Agency may continue to conduct or sponsor the collection of information 
while this submission is pending at OMB.
    Abstract: EPA regulates the burning of hazardous waste by several 
source categories of hazardous waste combustors under 40 CFR part 63, 
parts 264 and 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.
    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 four 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), 66 FR 24270 (May 
14, 2001) and 67 FR 77687 (December 19, 2002). 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 Hazardous Waste Combustors (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 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.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 1,271 
hours per respondent per year. 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.
    Respondents/Affected Entities: Hazardous waste incinerators, and 
hazardous waste burning cement and lightweight aggregate kilns.
    Estimated Number of Respondents: 119.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 151,339 hours.
    Estimated Total Annualized Capital, Operating/Maintenance Cost 
Burden: $3,925,726.
    Changes in the Estimates: There is an increase of 80,264 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is because the rule will become 
effective on September 30, 2003, and the regulated facilities have to 
upgrade their pollution control devices, install monitoring equipment, 
and conduct monitoring and recordkeeping activities to ensure 
compliance by the effective date, and subsequently thereafter.

    Dated: February 26, 2003.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 03-5747 Filed 3-10-03; 8:45 am]
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