[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Notices]
[Pages 32545-32546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13163]



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ENVIRONMENTAL PROTECTION AGENCY

[SWH-2004-0007, FRL-7672-5]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Identification, Listing and Rulemaking Petitions 
Information Collection Request, EPA ICR Number 1189.14, OMB Control 
Number 2050-0053

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection for Identification, Listing, and Rulemaking 
Petitions (ICR Number 1189.09). In addition, EPA is incorporating the 
burden associated with the recently published zinc fertilizer 
rulemaking (see 67 FR 48393; July 24, 2002) into the base ICR 1189.09. 
The base ICR is scheduled to expire on November 30, 2004. Before 
submitting the new base ICR 1189.14, which now incorporates the burden 
from the fertilizer rulemaking, 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 August 9, 2004.

ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0007, to EPA online using EDOCKET (our preferred method), by e-
mail to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, OSWER Docket, mail code 5305T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Narendra Chaudhari, Office of Solid 
Waste, 5304W, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (703) 308-0454; fax 
number: (703) 308-0514; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number RCRA-2004-0007, which is available for 
public viewing at the Office of Solid Waste and Emergency Response 
(OSWER) 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 OSWER 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 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, 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 within 
60 days of this notice. 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, Confidential Business 
Information (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/epadocket.
    Affected entities: Entities potentially affected by this action are 
rulemaking petitioners under 40 CFR 260.20(b), 260.21 and 260.22; 
owners or operators of facilities requesting variances from 
classification as a solid waste or for classification as a boiler under 
40 CFR 260.30-260.33; generating facilities seeking a hazardous waste 
exclusion for certain types of wastes under 40 CFR 261.3 and 261.4, 
including zinc-bearing hazardous secondary materials; and generators 
and treatment, storage and disposal facilities requesting exemptions 
from listing as F037 and F038 wastes under 40 CFR 261.31(b)(2)(ii).
    Title: Identification, Listing, and Rulemaking Petitions ICR Number 
1189.14, expires November 30, 2007.
    Abstract: Under 40 CFR 260.20(b), all rulemaking petitioners must 
submit basic information with their demonstrations, including name, 
address, and statement of interest in the proposed action. Under Sec.  
260.21, all petitioners for equivalent testing or analytical methods 
must include specific information in their petitions and demonstrate to 
the satisfaction of the Administrator that the proposed method is equal 
to, or superior to, the corresponding method in terms of its 
sensitivity, accuracy, and reproducibility. Under Sec.  260.22, 
petitions to amend Part 261 to exclude a waste produced at a particular 
facility (more simply, to delist a waste) must meet extensive 
informational requirements. When a petition is submitted, the Agency 
reviews materials, deliberates, publishes its tentative decision in the 
Federal Register, and requests public comment. EPA also may hold 
informal public hearings (if requested by an interested person or at 
the discretion of the Administrator) to hear oral comments on its 
tentative decision. After evaluating all comments, EPA publishes its 
final decision in the Federal Register.
    40 CFR 260.30-260.31, and 260.33 comprise the standards, criteria, 
and procedures for variances from classification as a solid waste for 
three types of materials, materials that are collected speculatively 
without sufficient amounts being recycled; materials that are reclaimed 
and then reused within the original primary production process in which 
they were generated; and materials which have been reclaimed, but must 
be reclaimed further before the materials are completely recovered. 
Under 40 CFR 260.32 and 260.33 are regulations governing the procedures 
and criteria for obtaining a variance for classification as a boiler. 
This variance is available to owners or operators of enclosed flame 
combustion devices.
    40 CFR 261.3 and 261.4 contain provisions that allow generators to 
obtain a hazardous waste exclusion for certain types of wastes. 
Facilities applying for these exclusions must submit a notification, or 
supporting information and/or keep detailed records. Under Sec.  
261.3(a)(2)(iv), generators may obtain a hazardous waste exclusion for 
wastewater mixtures subject to Clean Water Act regulation. Under Sec.  
261.3(c)(2)(ii)(C), generators may obtain an exclusion for certain non-
wastewater residues resulting from high

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temperature metals recovery (HTMR) processing of K061, K062 and F006 
waste. Also, under Sec.  261.4(a)(20)(ii)(A), generators and 
intermediate handlers may obtain a hazardous waste exclusion for zinc-
bearing hazardous secondary materials that are to be incorporated into 
zinc fertilizers. In addition, under Sec.  261.4(b)(6), generators of 
chromium-containing waste may obtain a hazardous waste exclusion under 
certain conditions.
    Also addressed under this section is the shipment of samples 
between generators and laboratories for the purpose of testing to 
determine their characteristics or composition. Sample handlers who are 
not subject to DOT or USPS shipping requirements must comply with the 
information requirements of Sec.  261.4(d)(2).
    When intended for treatability studies, hazardous waste otherwise 
subject to regulation under Subtitle C of RCRA is exempted from these 
regulations, provided that the requirements in Sec.  261.4(e)-(f) are 
met, including the following information requests: initial 
notification, record keeping, reporting, and final notification. In 
addition, generators and collectors of treatability study samples also 
may request quantity limit increases and time extensions, as specified 
in Sec.  261.4(e)(3).
    40 CFR 261.31(b)(2)(ii) governs procedures and informational 
requirements for generators and treatment, storage and disposal 
facilities to obtain exemptions from listing as F037 and F038 wastes. 
Also under this section are regulations promulgated in 1990 under Sec.  
261.35(b) and (c) governing procedures and information requirements for 
the cleaning or replacement of all process equipment that may have come 
into contact with chlorophenolic formulations or constituents thereof, 
including, but not limited to, treatment cylinders, sumps, tanks, 
piping systems, drip pads, fork lifts, and trams.
    EPA anticipates that some data provided by respondents will be 
claimed as Confidential Business Information (CBI). Respondents may 
make a business confidentiality claim by marking the appropriate data 
as CBI. Respondents may not withhold information from the Agency 
because they believe it is confidential. Information so designated will 
be disclosed by EPA only to the extent set forth in 40 CFR part 2.
    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 in 48 CFR chapter 15.
    EPA would like to solicit comments to:
    (i) 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;
    (ii) 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;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) 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.
    Burden Statement: 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.
    EPA estimates the total respondent burden for this ICR 
(1189.14) is 20,863 hours per year at a cost of $2,059,217. 
The burden increased by 61 hours per year at a cost of $12,653 from the 
previously approved ICR (1189.09). This increase in the burden 
is a direct result of incorporating the respondent burden associated 
with the zinc fertilizer rulemaking into this ICR. EPA estimates a 
total of approximately 150 respondents. EPA also estimates that 
operation and maintenance (O&M) costs will be incurred by the 
respondents for various activities. The largest of these are for 
sampling wastes for a delisting petition ($28,006), and preparing a 
statement as part of a rulemaking petition ($9,479). Total O&M costs 
for this ICR are $886,315 per year. EPA estimates that there will be no 
capital costs incurred. Finally, EPA estimates that the average annual 
burden per respondent ranges from 3.5 hours (preparation of a 
nonwastewater exemption) to 414 hours (preparation of a delisting 
petition).

    Dated: May 28, 2004.
Robert Springer,
Director, Office of Solid Waste.
[FR Doc. 04-13163 Filed 6-9-04; 8:45 am]
BILLING CODE 6560-50-P