[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Notices]
[Pages 38677-38679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13169]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2004-0020, FRL-7932-7]


Agency Information Collection Activities: Submission for OMB 
Review; 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 (Renewal), 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 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 expire on June 30, 2005. 
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 August 4, 
2005.

ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0020, 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, EPA Docket Center, Environmental 
Protection Agency, Mail Code 5303T, 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: Craig Dufficy, Municipal and 
Industrial Solid Waste Division of the Office of Solid Waste (Mail Code 
5306W), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-9037; fax number: 
(703) 308-8686; e-mail address: dufficy.craig @epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12.

[[Page 38678]]

On January 4, 2005 (70 FR 356), EPA sought comments on this ICR 
pursuant to 5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. 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 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: 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 (Renewal).
    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, 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 
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 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 242 
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: States and territories that seek 
approval of new or modified permit programs for MSWLF's and for non-
municipal, non-hazardous waste disposal units that receive CESQG waste.
    Estimated Number of Respondents: 12.

[[Page 38679]]

    Frequency of Response: One-time only.
    Estimated Total Annual Hour Burden: 968.
    Estimated Total Annual Costs: $47,249, which includes $0 annualized 
Capital Expense/Startup, $0 annual O&M costs, and $47,249 in Respondent 
Labor costs.
    Changes in the Estimates: There is a decrease of 2,221 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease is due to several reasons. For the 
first ICR renewal all mention of burden estimates for tribes which were 
contained in the original ICR were removed. In addition, since the last 
clearance, additional states and territories have been moving through 
the approval process for their MSWLF permit program adequacy 
determinations has decreased from 3 to 2. Also EPA estimates the number 
of states and territories that will submit program approval 
applications for non-municipal, non-hazardous waste disposal units that 
receive CESQG hazardous waste will decrease. And lastly, the previous 
ICR included the Federal Burden which is exempt from the Paperwork 
Reduction Act.

    Dated: June 27, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-13169 Filed 7-1-05; 8:45 am]
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