[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Notices]
[Pages 16021-16023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7972]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-1999-0050, FRL-7475-8]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Part B Permit Application, Permit 
Modifications, and Special Permits

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: Part B Permit Application, 
Permit Modifications, and Special Permits, EPA ICR  1573.10, 
OMB No. 2050-0009, expires on March 31, 2003. The ICR describes the 
nature of the information collection and its expected burden and cost; 
where appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before May 2, 2003.

ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: David Eberly, Office of Solid Waste 
(5303W), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8645, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID No. RCRA-1999-0050, 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) 566-1744, 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. 
Use

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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 email to the [email protected], or by mail to: 
EPA Docket Center, Environmental Protection Agency, RCRA Docket, 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.
    Title: Part B Permit Application, Permit Modifications, and Special 
Permits, OMB Control No. 2050-0009, EPA ICR No. 1573.10, expiring on 
March 31, 2003. This is a request for extension of a currently approved 
collection. Under OMB regulations, the Agency may continue to conduct 
or sponsor the collection of information while this submission is 
pending at OMB.
    Abstract: Section 3005 of Subtitle C of RCRA requires treatment, 
storage or disposal (TSD) facilities to obtain a permit. To obtain the 
permit, the TSD must submit an application describing the facility's 
operation. There are two parts to the RCRA permit application--part A 
and part B. Part A defines the processes to be used for treatment, 
storage, and disposal of hazardous wastes; the design capacity of such 
processes; and the specific hazardous wastes to be handled at the 
facility. Part B requires detailed site specific information such as 
geologic, hydrologic, and engineering data. In the event that permit 
modifications are proposed by the applicant or EPA, modifications must 
conform to the requirements under sections 3004 and 3005.
    This ICR provides a comprehensive discussion of the requirements 
for owner/operators of TSDFs submitting applications for a part B 
permit or permit modification. The information collections contained in 
this ICR are divided into three sections: demonstrations and exemptions 
from requirements (40 CFR part 264), contents of the part B application 
(40 CFR part 270), and permit modifications and special permits (40 CFR 
part 270).

Demonstrations and Exemptions From Requirements

    40 CFR part 264 contains minimum standards for TSDFs consisting of 
both administrative and technical requirements. Owner/operators may 
obtain exemption from certain requirements by submitting demonstrations 
to EPA. In most cases, these demonstrations will be submitted along 
with the part B application. Section 264.90 allows owner/operators to 
submit a demonstration for exemption from the subpart F requirements 
regarding releases to the uppermost aquifer. In addition, owner/
operators of tank systems, surface impoundments, waste piles, 
landfills, land treatment facilities and incinerators may apply for 
exemptions from certain technical requirements by submitting 
demonstrations under Sec. Sec.  264.193, .221, .251, .272, .301 and 
.344, respectively.
    Contents of the Part B Application 40 CFR part 270 contains 
requirements for owner/operators submitting a part B permit 
application. Section 270.1 allows owner/operators of certain facilities 
closing by removal or decontamination to petition for an exemption from 
post-closure permit requirements. Section 270.10 requires owner/
operators of certain facilities to provide information on the potential 
for public exposure resulting from unit-related releases.
    Part B of the permit application consists of the general and 
specific information requirements contained in Sec. Sec.  270.14 
through 270.29. These part B information requirements reflect the 
standards promulgated in 40 CFR part 264. Under Sec.  270.14(a), owner/
operators who can demonstrate that the information prescribed in part B 
cannot be provided to the extent required may receive case-by-case 
allowances from EPA.
    General information requirements are outlined in Sec.  270.14. 
Sections 270.14(b)(1)-(14) require owner/operators to provide 
information on compliance with general facility standards. Financial 
assurance information is required under Sec. Sec.  270.15--.18. Section 
270.14(b)(19) requires owner/operators to submit a topographical map, 
and Sec.  270.14(b)(21) covers special requirements for owner/operators 
of land disposal facilities granted case-by-case extensions under Sec.  
268.5 or petitions under Sec.  268.6. Information on ground-water 
quality and monitoring programs for land disposal facilities is 
discussed under Sec. Sec.  270.14(c)(1)-(8). Section 270.14(d) 
establishes part B information requirements for solid waste management 
units.
    In addition to the general part B information that must be 
submitted by all owner/operators of TSDFs, there are unique information 
requirements related to the type of unit for which the owner/operator 
is seeking a permit. The requirements under Sec. Sec.  270.15-.21 and 
.23 address specific requirements for the following types of units: 
containers, tank systems, surface impoundments, waste piles, 
incinerators, land treatment units, landfills, boilers and industrial 
furnaces, and miscellaneous units. Sections 270.24 and 270.25 apply to 
facilities with process vents or equipment subject to the requirements 
of 40 CFR parts 264/265, subparts AA and BB, respectively. Section 
270.26 applies to facilities with drip pads subject to the requirements 
of 40 CFR parts 264/265, subpart W.
    Some owner/operators may also be required to submit a schedule of 
compliance leading to compliance with RCRA and regulations as part of 
their application. The requirements for schedules of compliance are 
contained in Sec.  270.33.

Permit Modifications and Special Permits

    Sections 270.40 through 270.42 address the requirements for permit 
modifications. Section 270.40 applies to owner/operators transferring 
ownership or operational control of a facility. These owner/operators 
must submit Class 1 permit modifications as well as a written agreement 
containing specific transfer information. Requirements for owner/
operators submitting permit modifications at the request of the Agency 
are contained in Sec.  270.41. Requirements for Class 1, 2, and 3 
permit modifications submitted at the

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request of the permittee are contained in Sec.  270.42(a)-(c). Section 
270.42(d) allows permittees to request that the Agency determine the 
classification for a specific modification. Sections 270.42(e) and (g) 
discuss requirements for temporary authorization and permit 
modifications for newly regulated wastes and units, respectively.
    In 40 CFR part 264, subpart S, EPA promulgated regulations for 
corrective action management units (CAMUs). 40 CFR 264.552(d) requires 
owner/operators to prepare and submit information that enables EPA to 
designate a CAMU.
    Requirements for permit renewal are contained in Sec. Sec.  270.50 
and 270.51. In order to renew an expiring permit, owner/operators must 
submit an application containing the information required under Sec.  
270.14 and the applicable sections of Sec. Sec.  270.15 through 270.29.
    Sections 270.60 and 270.62 through 270.65 address the requirements 
associated with special types of permits. These include permits by rule 
(Sec.  270.60); hazardous waste incinerator permits (Sec.  270.62); 
permits for land treatment demonstrations using field test or 
laboratory analyses (Sec.  270.63); interim permits for UIC wells 
(Sec.  270.64); and research, development and demonstration permits 
(Sec.  270.65).
    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 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on July 23, 
1999 (64 FR 39986); no comments were received.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 165 
hours per response. 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: Business.
    Estimated Number of Respondents: 74.
    Frequency of Response: Occasional.
    Estimated Total Annual Hour Burden: 12,209 hours.
    Estimated Total Annualized Capital, Operating/Maintenance Cost 
Burden: $2,468,000.
    Changes in the Estimates: There is a decrease of 165,523 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This is due to a lower number of affected 
facilities.

    Dated: March 25, 2003.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 03-7972 Filed 4-1-03; 8:45 am]
BILLING CODE 6560-50-P