[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Notices]
[Pages 68342-68344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26074]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2004-0005; FRL-7841-2]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Requirements and Exemptions for 
Specific RCRA Wastes (Renewal), EPA ICR Number 1597.06, OMB Control 
Number 2050-0145

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. This ICR is scheduled to

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expire on November 30, 2004. Under OMB regulations, the Agency may 
continue to conduct or sponsor the collection of information while this 
submission is pending at OMB. This ICR describes the nature of the 
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 27, 
2004.

ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0005, to (1) EPA online using EDOCKET (our preferred method), by 
e-mail to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Resource Conservation and Recovery Act 
(RCRA) Docket, Mail Code 5305T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) 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.

FOR FURTHER INFORMATION CONTACT: Tab Tesnau, Office of Solid Waste, 
Mail Code 5302W, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 703-605-0636; fax 
number: 703-308-8617; 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 April 26, 2004 (69 FR 22507), EPA sought comments on the 
``Storage, Treatment, and Disposal of Mixed Waste'' ICR, and on June 
25, 2004 (69 FR 35594), EPA sought comments on the ``Reporting and 
Recordkeeping Requirements for Universal Waste Handlers and Destination 
Facilities'' ICR pursuant to 5 CFR 1320.8(d). EPA received no comments 
to either notice.
    EPA has established a public docket for this ICR under Docket ID 
No. RCRA-2004-0005, 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 
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. 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: Requirements and Exemptions for Specific RCRA Wastes 
(Renewal).
    Abstract: In the 1976 Resource Conservation and Recovery Act 
(RCRA), as amended, Congress directs the U.S. Environmental Protection 
Agency (EPA) to develop and administer a comprehensive program for the 
safe management and disposal of hazardous waste. In 1980, EPA 
promulgated regulations in 40 CFR part 261-265 to comply with RCRA. EPA 
has since added to these regulations on many occasions. This ICR 
concerns two such additions. This ICR includes both the former 
``Reporting and Recordkeeping Requirements for Universal Waste Handlers 
and Destination Facilities'' ICR (EPA ICR Number 1597.04, OMB Control 
Number 2050-0145) and the ``Storage, Treatment, and Disposal of Mixed 
Waste'' ICR (EPA ICR Number 1922.02, OMB Control Number 2050-0181).
    In 1995, EPA promulgated regulations in 40 CFR part 273 that govern 
the collection and management of widely-generated hazardous wastes 
known as ``Universal Wastes''. Universal Wastes are wastes that are 
generated in non-industrial settings by a vast community, and are 
present in non-hazardous waste management systems. Examples of 
Universal Wastes include certain batteries, pesticides, mercury-
containing lamps and thermostats. The part 273 regulations are designed 
to separate Universal Waste from the municipal wastestream by 
encouraging individuals and organizations to collect these wastes and 
to manage them in an appropriate hazardous waste management system. EPA 
distinguishes two types of handlers of Universal Wastes: Small quantity 
handlers of Universal Waste (SQHUW) and large quantity handlers of 
Universal Waste (LQHUW). SQHUWs do not accumulate more than 5,000 kg of 
any one category of Universal Waste at one time, while LQHUWs may 
accumulate quantities at or above this threshold. More stringent 
requirements are imposed on LQHUWs because of greater potential 
environmental risks.
    In 2001, EPA promulgated regulations in 40 CFR part 266 that 
provide increased flexibility to facilities managing wastes commonly 
known as ``Mixed Waste''. Mixed Waste are low-level mixed waste (LLMW), 
and naturally occurring and/or accelerator-produced radioactive 
material (NARM) containing hazardous waste. These wastes are also 
regulated by the Atomic Energy Act. As long as specified eligibility 
criteria and conditions are met, LLMW and NARM are exempt from the 
definition of hazardous waste as defined in part 261. Although these 
eligible wastes are exempted from RCRA manifest, transportation, and 
disposal requirements, they must still comply with the manifest, 
transportation, and disposal requirements under the NRC (or NRC-
Agreement State) regulations. There are two conditional exemptions. The 
Storage and Treatment Conditional Exemption applies to any generator of 
LLMW who is licensed by NRC or an NRC Agreement State to manage 
radioactive materials. This exemption is available only to LLMW 
generated under a single NRC or NRC Agreement State license. LLMW 
generators must notify EPA of the LLMW storage units for which they are 
claiming an exemption, and must meet the conditions listed in section 
266.230. This exemption is valid as long as the Mixed Waste meets the 
conditions, remains in a conditionally exempt storage unit, and is 
subject to NRC regulation.
    The Transportation and Disposal Conditional Exemption from the 
definition of hazardous waste applies to generators and treaters who 
send their treated waste to a commercial low-level radioactive waste 
disposal facility (LLRWDF) licensed by NRC or NRC Agreement State. The 
eligible LLMW or

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NARM waste would be exempted from RCRA Subtitle C once it is placed on 
the transportation vehicle bound for disposal at the LLRWDF. The waste 
could then be transported to the LLRWDF as strictly radioactive waste 
using an NRC Uniform LLW Manifest. Generators and treaters under the 
exemption must undertake the information collection requirements listed 
in section 266.345.
    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 in 40 CFR are listed in 40 CFR part 9 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 2 
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, farms, State, Local, or 
Tribal Governments.
    Estimated Number of Respondents: 119,782.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 185,967.
    Estimated Total Annual Cost: $10,730,000, includes $2,000 annual 
startup/capital costs, $1,000 annual O&M costs and $10,727,000 annual 
labor costs.
    Changes in the Estimates: There is a decrease of 32,201 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease is due to a decrease in the number 
of both large quantity Universal Waste handlers, as well as generators 
of Mixed Waste, since the last time this ICR was approved.

    Dated: November 17, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-26074 Filed 11-23-04; 8:45 am]
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