[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Notices]
[Pages 27057-27059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12477]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7500-3]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; Land Disposal Restrictions No-Migration Variances

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): Land Disposal Restrictions No-Migration 
Variances, EPA ICR No.1353.07, OMB No. 2050-0062, expires on September 
30, 2003. 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 July 18, 2003.

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-2003-0010, is: 
OSWER Docket (5305T) EPA Docket Center, U.S. Environmental Protection 
Agency Headquarters, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Hand deliveries of comments should be made to the EPA Docket 
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. 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-2003-0010.
    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.
    Hand deliveries must be brought to the OSWER Docket in the EPA 
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The Docket is open from 8:30 a.m. to 4:30 p.m. 
Monday through Friday, excluding Federal holidays.

[[Page 27058]]


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, 
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-2003-0010. 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 EPA Docket Center (see ADDRESSES above). The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Monday through 
Friday, excluding Federal holidays. The telephone number for the 
Reading Room is (202) 566-1744, and the telephone number for the OSWER 
Docket is (202) 566-0740. 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 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-
2003-0010. 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-2003-0010. 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 of your comments, referencing Docket 
ID No. RCRA-2003-0010, to: OSWER Docket (Mailcode 5305T), EPA Docket 
Center, U.S. Environmental Protection Agency Headquarters, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC, Attention Docket ID

[[Page 27059]]

No. RCRA-2003-0010. Such deliveries are only accepted during the 
Docket's normal hours of operation, from 8:30 a.m. to 4:30 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, Attention Docket ID No. 
RCRA-2003-0010. 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 management facilities.
    Title: Land Disposal Restrictions No-Migration Variances, EPA ICR 
1573.07, OMB No. 2050-0062, expires on September 30, 2003.
    Abstract: To receive a variance from the hazardous waste land 
disposal prohibitions, owner/operators of hazardous waste storage or 
disposal facilities may petition the Environmental Protection Agency to 
allow land disposal of a specific restricted waste at a specific site. 
The EPA Regional Offices will review the petitions and determine if 
they successfully demonstrate ``no migration.'' The applicant must 
demonstrate that hazardous wastes can be managed safely in a particular 
land disposal unit, so that ``no migration'' of any hazardous 
constituents occurs from the unit for as long as the waste remains 
hazardous. If EPA grants the variance, the waste is no longer 
prohibited from land disposal in that particular unit. If the owner/
operator fails to make this demonstration, or chooses not to petition 
for the variance, best demonstrated available technology (BDAT) 
requirements of 40 CFR 268.40 must be met before the hazardous wastes 
are placed in a land disposal unit.
    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: The Agency is estimating that no more than one 
respondent will prepare and submit a No-Migration variance petition 
during the three year period of this ICR. EPA estimates that the total 
annual respondent burden for all information collection activities will 
be approximately 3,137 hours, at an annual cost of $187,105.
    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: May 8, 2003.
Robert Springer,
Director, Office of Solid Waste.
[FR Doc. 03-12477 Filed 5-16-03; 8:45 am]
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