[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Notices]
[Pages 356-357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-102]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2004-0020, FRL-7857-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; State Program Adequacy Determination: Municipal Solid 
Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste 
Disposal Units That Receive Conditionally Exempt Small Quantity 
Generator (CESQG) Hazardous Waste, EPA ICR Number 1608.04, OMB Control 
Number 2050-0152

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 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. This ICR is scheduled to expire on June 30, 2005. 
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 March 7, 2005.

ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0020, 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 5303T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Municipal and 
Industrial Solid Waste Division of the Office of Solid Waste (Mail Code 
5306W), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; telephone number: (703) 308-9037; fax 
number: (703) 308-8686; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number RCRA-2004-0020, 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, 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.
    Affected entities: Entities potentially affected by this action are 
states that seek approval of permit programs for MSWLF's and for non-
municipal, non-hazardous waste disposal units that receive CESQG waste.
    Title: State Program Adequacy Determination: Municipal Solid Waste 
Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal 
Units that Receive Conditionally Exempt Small Quantity Generator 
(CESQG) Hazardous Waste, EPA ICR Number 1608.04, OMB Control Number 
2050-0152.
    Abstract: Section 4010(c) of the Resource Conservation and Recovery 
Act (RCRA) of 1976 requires that EPA revise the landfill criteria 
promulgated under paragraph (1) of section 4004(a) and section 
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid 
Waste Amendments (HSWA) of 1984, requires States to develop and 
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste 
or CESQG hazardous waste are in compliance with the revised criteria 
for the design and operation of non-municipal, non-hazardous waste 
disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR 
part 258. (40 CFR part 257, subpart B and 40 CFR part 258 are 
henceforth referred to as the ``revised federal criteria''.) Section 
4005(c) of RCRA further mandates the EPA Administrator to determine the 
adequacy of State permit programs to ensure owner and/or operator 
compliance with the revised federal criteria. A State program that is 
deemed adequate to ensure compliance may afford flexibility to owners 
or operators in the approaches they use to meet federal requirements, 
significantly

[[Page 357]]

reducing the burden associated with compliance.
    In response to the statutory requirement in section 4005(c), EPA 
developed 40 CFR part 239, commonly referred to as the State 
Implementation Rule (SIR). The SIR describes the State application and 
EPA review procedures and defines the elements of an adequate State 
permit program.
    The collection of information from the State during the permit 
program adequacy determination process allows EPA to evaluate whether a 
program for which approval is requested is appropriate in structure and 
authority to ensure owner or operator compliance with the revised 
federal criteria. The SIR does not require the use of a particular 
application form. Section 239.3 of the SIR, however, requires that all 
State applications contain the following five components:
    (1) A transmittal letter requesting permit program approval.
    (2) A narrative description of the State permit program, including 
a demonstration that the State's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are 
technically comparable to the part 257, subpart B criteria and/or that 
its MSWLF standards are technically comparable to the part 258 
criteria.
    (3) A legal certification demonstrating that the State has the 
authority to carry out the program.
    (4) Copies of State laws, regulations, and guidance that the State 
believes demonstrate program adequacy.
    (5) Copies of relevant State-tribal agreements if the State has 
negotiated with a tribe for the implementation of a permit program for 
non-municipal, non-hazardous waste disposal units that receive CESQG 
hazardous waste and/or MSWLFs on tribal lands.
    The EPA Administrator has delegated the authority to make 
determinations of adequacy, as contained in the statute, to the EPA 
Regional Administrator. The appropriate EPA Regional Office, therefore, 
will use the information provided by each State to determine whether 
the State's permit program satisfies the statutory test reflected in 
the requirements of 40 CFR part 239. In all cases, the information will 
be analyzed to determine the adequacy of the State's permit program for 
ensuring compliance with the federal revised criteria.
    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 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.
    The total burden for States, territories, and the EPA regions for 
the collection and evaluation of the information under this ICR is 
estimated to be about 7,210 hours and $352,800. The estimated burden 
includes time for reviewing instructions, searching existing data 
sources, gathering and maintaining necessary data, and completing and 
reviewing the collection of information. The ICR supporting statement 
describes the assumptions and information sources used to develop the 
burden estimate for this ICR. For a copy of the supporting statement, 
contact Craig Dufficy at (703) 308-9037, or e-mail 
[email protected]. Requests should reference the document title, 
``Supporting Statement for EPA Information Collection Request 
1608.04''. There is no recordkeeping burden associated with 
this ICR.

    Dated: December 20, 2004.
Matt Hale,
Director, Office of Solid Waste.
[FR Doc. 05-102 Filed 1-3-05; 8:45 am]
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