[Federal Register Volume 68, Number 52 (Tuesday, March 18, 2003)]
[Notices]
[Pages 12901-12904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6463]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2002-0024, FRL-7468-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; 2003 Hazardous Waste Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is 
revising the previous notice published on August 13, 2002 (Volume 67, 
Number 156, page 52720) for the EPA plan to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB) 
for the 2003 Hazardous Waste Report (EPA Form 8700-13 A/B; EPA ICR 
Number 0976.11; OMB Control No. 2050-0024). An agency may not conduct 
or sponsor a collection of information and a person is not required to 
respond to a collection of information unless it displays a valid OMB 
control number indicating OMB approval. Before submitting this ICR to 
OMB for review and approval, we are again asking for comments on this 
information collection. This notice discusses changes based on comments 
to the August 13, 2002 notice.
    This ICR renews an ongoing information collection from hazardous 
waste generators and treatment, storage, or disposal facilities. This 
collection is done on a two-year cycle as required by Sections 3002 and 
3004 of the Resource Conservation and Recovery Act (RCRA). The 
information is collected via a mechanism known as the Hazardous Waste 
Report (also known as the Biennial Report) for the required reporting 
year.

DATES: Comments must be submitted on or before May 19, 2003.

ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Dave Levy, Office of Solid Waste, Mail 
Code 5302W, Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; telephone number: 703-308-8479; e-mail 
address: [email protected]

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number RCRA-2002-0024 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) 566-1744, 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.
    Please use EDOCKET to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the public docket, or to access those documents in 
the public docket that are available electronically. Once in the 
system, select ``Search,'' and then key in the Docket ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 60 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, Mail Code 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 on paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, confidential business information (CBI), 
or other information otherwise restricted by statute from public 
disclosure. 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 that is claimed as CBI or that is otherwise restricted from 
disclosure 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 at http://www.epa.gov/edocket.
    Affected entities: Entities potentially affected by this action are 
those which generate, treat, store, recycle, or dispose of hazardous 
waste.
    Title: The 2003 Hazardous Waste Report, EPA ICR Number 0976.11 (OMB 
Control Number 2050-0024).
    Abstract: This ICR renews an ongoing information collection from 
hazardous waste generators and hazardous waste treatment, storage, or 
disposal facilities. This collection is done on a two-year cycle as 
required by Sections 3002 and 3004 of the Resource Conservation and 
Recovery Act (RCRA). The information is collected via a mechanism known 
as the Hazardous Waste (Biennial )Report.

1. What Is the Hazardous Waste (Biennial) Report?

    The Hazardous Waste Report (Biennial Report) is the federal data 
collection for information about the generation and management of 
hazardous waste in the United States. Sections 3002 and 3004 of the 
Resource Conservation and Recovery Act (RCRA) require large quantity 
generators (LQGs), treatment, storage, and disposal facilities (TSDFs), 
and recyclers of hazardous waste to report this information to the 
state in which they are located on a two-year cycle. The respondents' 
submissions (reports) describe each generated hazardous waste, the 
activity by which they generated the waste, and the waste quantity; the 
reports also list the management method by which each waste is treated, 
recycled, or disposed and the quantity managed.
    The states forward the reports to EPA electronically; EPA enters 
the information into a database called RCRAInfo. You can obtain 
detailed information about the Biennial Report data from these EPA 
Internet web pages:
    [sbull] The National Biennial RCRA Hazardous Waste Report for odd 
numbered years from 1989 to 1999, the associated Biennial Report 
reported data files, and other information can be found at http://www.epa.gov/epaoswer/hazwaste/data/#br.
    [sbull] The Biennial Report data for each reporter are also 
available through EPA's Envirofacts by clicking on ``Queries'' under 
the heading ``Advanced Capabilities'' and then clicking on ``BRS'' at 
http://www.epa.gov/enviro.
    [sbull] Information about RCRAInfo can be found at http://www.epa.gov/enviro/html/rcris.

2. How Are the Hazardous Waste Report Data Used?

    EPA compiles and publishes the National Biennial RCRA Hazardous 
Waste Report based on the data for each reporting year. EPA and states 
have many uses for Hazardous Waste Report information, including:
    [sbull] Describing the various source activities that generate 
hazardous waste and the generated waste types and quantities;
    [sbull] Describing the management methods by which the waste is 
treated, disposed, or recycled and the quantities managed by each 
method;
    [sbull] Providing information for analysis of trends in waste 
generation, waste treatment and disposal, recycling, and source 
reduction;

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    [sbull] Understanding how much waste a state receives from out of 
state or sends out of state; and
    [sbull] Estimating available capacity for treating, recycling, and 
disposing hazardous wastes.
    Additionally, EPA utilizes the Biennial Report information for 
planning and developing regulations; regulation development depends on 
descriptions and quantities of generated hazardous waste and management 
methods used for treatment, recycling, and disposal. The information 
allows the Agency to determine whether regulations are having the 
desired effect on the generation and management of hazardous waste; for 
example, the report provides information on whether the treatment of 
wastes has shifted from one method to another. EPA also uses the 
information to conduct technical assistance, plan facility inspections, 
and carry out regulatory enforcement. States use the information for 
many of the same purposes as EPA; other state uses include planning, 
setting waste minimization goals, assessing fees, monitoring 
compliance, and carrying out enforcement.
    EPA and states receive requests for the information from many 
public and private organizations including government agencies, 
businesses, public interest groups, and interested citizens. Many 
requests come from businesses that supply chemicals, equipment, and 
services to hazardous waste generators and TSDFs.

3. What Changes Does EPA Plan for the 2003 Hazardous Waste Report?

    As discussed in the August 13, 2002 Federal Register Notice, for 
the 2003 cycle, EPA plans to use the same Form GM, Form WR, and 
instructions that were used in the 2001 Hazardous Waste Report booklet 
with some minor changes and updates. We also plan some improvements to 
the RCRA Subtitle C Site Identification Form (Site ID Form) that is 
part of the booklet, and will clarify how to complete the form. We plan 
to have the 2003 Biennial Report forms and instructions booklet 
available to the public in midyear 2003.
    EPA extensively revised the 2001 Biennial Report . EPA, however, 
delayed implementation of two minor changes until the 2003 cycle. The 
extensive 2001 revisions were developed through the Waste Information 
Needs/Informed (WIN) Initiative. WIN is the multi-year partnership 
project of the states, EPA regions, and EPA headquarters for 
reengineering the information that supports implementation of the RCRA 
hazardous waste program.
    Documents about the WIN process and revisions and the 2001 Biennial 
Report can be found at:

http://www.epa.gov/epaoswer/hazwaste/data/brs01/icr.htm
http://www.epa.gov/epaoswer/hazwaste/data/brs01/forms.htm

Changes to Form GM and Form WR

    EPA plans to incorporate the two changes that were discussed in the 
August 13, 2002 notice: (1) Deletion of the ``RCRA radioactive mixed'' 
(mixed waste) box on Form GM (Sec. 1.F) and on Form WR (H). In the 2001 
Biennial Report, we included ``Mixed Waste (hazardous and radioactive) 
Generator'' on the RCRA Subtitle C Site Identification Form under 
Hazardous Waste Activities (Item 10.A.1.e). We retained the boxes on 
the Form GM and Form WR only for 2001 because the data were needed for 
required Department of Energy (DOE) facility reports that are sent to 
states. DOE is now using other data sources for those reports.
    (2) Addition of a box for ``Country of Origin'' for waste that is 
imported into the United States to both the Form GM and Form WR. For 
2001 and prior years, the Country of Origin was entered in the ``Off-
site handler EPA ID number'' box on Form WR (Box 1.D); this did not 
allow identification of the actual off-site handler's EPA 
Identification Number. This addition will identify the off-site 
handler, usually the U.S. Importer, on Form WR and will provide the 
Country of Origin on both forms.

Revisions to the RCRA Subtitle C Site Identification Form

    EPA plans to revise the RCRA Subtitle C Site Identification Form 
(Site ID Form) in the 2003 Hazardous Waste Report. This version of the 
Site ID Form will soon be implemented in the Notification of Regulated 
Waste Activities booklet (Notification) [EPA Form 8700-12] and the RCRA 
Hazardous Waste Part A Permit Application booklet (Part A Permit 
Application) [EPA Form 8700-23]; OMB recently approved renewals for 
both of these data collections. The same Site ID Form is included in 
all three data collections; EPA allows respondents to copy the most 
recently submitted Site ID Form rather than filling out the entire 
blank form. The respondents provide additions, deletions, or other 
changes since the previous report on a blank form and completes the 
Certification with the appropriate signature in Item 13.
    The revisions to the Site ID Form are:
    (1) Addition of a facsimile (fax) phone number and electronic mail 
(e-mail) address information for ``Site Contact Person'' (Item 8). Many 
businesses now communicate by fax and e-mail; these data blocks will 
provide space for submitting the information if the respondent would 
like to be contacted by fax or e-mail. This fax and e-mail information 
is not required for completing Item 8.
    (2) Addition of address and phone number information for ``Owner 
and Operator'' (Item 9). The instructions advise the respondent to 
check with their state to determine if this information is required for 
that state's Hazardous Waste Report or Notification submissions.
    (3) Addition to the explanation about determining the ``RCRA Site's 
North American Industry Classification System (NAICS) Code(s) for the 
Site (Item 6). The instructions advise the respondents to check with 
their company's business or accounting office to determine which NAICS 
code(s) to report. This is because the NAICS codes are used for tax 
reports and other business documents. The Bureau of Census made changes 
to the list of NAICS codes in 2002 that are reflected in a new table on 
their web pages; these web page references have been added.
    (4) Changing the ``Regulated Waste Activities'' check boxes on the 
Site ID Form (Item 10) from a single box to ``Yes'' and ``No'' boxes. 
This change will resolve some confusion about unchecked boxes. States 
have commented that a number of 2001 Biennial Report respondents 
checked some RCRA Site activities, but failed to check the appropriate 
ones for other ongoing activities. States want to be sure that an 
activity has actually ceased if it was previously reported for a RCRA 
Site.

Completion of the Entire RCRA Subtitle C Site Identification Form

    We plan to require respondents to complete all the items for the 
Site ID form for the 2003 Biennial Report. For the 2001 Biennial 
Report, EPA did not require the respondent to complete the ``Site Land 
Type'' (Item 5) or the ``Legal Owner and Operator of the Site'' (Item 
9). The respondent completed the ``Hazardous Waste Activities--
Generator of Hazardous'' (Item 10.A.1) as applicable for their RCRA 
Site; the respondent marked ``Treater, Storer, or Disposer (at your 
site)'' (Item 10.A.3) only if applicable for their site. States 
received a lot of questions about these items because respondents were 
unclear about what was optional.
    States have said that some submitters of the 2001 Biennial Report 
provided the site's land type, listed owner and operator, or checked 
new activities in

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Item 9, while failing to check ongoing activities. States commented 
that they had to spend a lot of time contacting respondents and 
correcting the information. States want to be sure that an activity has 
ceased if it was previously listed. This partial reporting of the Site 
ID information has created confusion and doubts about the quality of 
some of the data. Having experienced these problems with the 2001 
Biennial Report submissions, states asked EPA to require that 
respondents complete the entire Site ID Form. The submission of the 
complete Site ID Form for the Biennial Report will provide the current, 
complete site information for approximately 22,000 LQGs and 1,300 
TSDFs.

4. What Is The Estimated Reporting Burden for the 2003 Hazardous Waste 
Report?

    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. Based on the changes 
discussed above, EPA estimates that the additional time for completing 
the Biennial Report would be less than 20 minutes; the estimated 
average time for completing the entire report would be about 20 hours. 
Based on the 2001 Biennial Report submissions, EPA estimates there will 
be 22,100 respondents to the 2003 Biennial Report. The average 
reporting burden is estimated at 17.06 hours per respondent, which 
includes time for reviewing instructions, gathering data, completing 
and reviewing the forms, and submitting the report. The average record 
keeping requirement is estimated at 2.49 hours per respondent, which 
includes the time for filing and storing the Biennial Report submission 
for three years.
    We estimate that the 2003 Hazardous Waste Report will impose an 
annualized burden of 216,000 hours on the states and the regulated 
community and will require an annualized expenditure of $11,266,000.

5. Why Is EPA Requesting Comments?

    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, which indicates OMB approval. The 
OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 
and 48 CFR Chapter 15. Before submitting this ICR to OMB for review and 
approval, we are again asking for comments on this information 
collection. The Agency solicits comments which will help it to:
    (1) 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;
    (2) enhance the quality, utility, and clarity of the information to 
be collected;
    (3) 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; and
    (4) 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.

    Dated: March 12, 2003.
Robert Springer,
Director, Office of Solid Waste.
[FR Doc. 03-6463 Filed 3-17-03; 8:45 am]
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