[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Notices]
[Pages 51813-51814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20601]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2008-0242; FRL-8711-5]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; State Program Adequacy 
Determination: Municipal Solid Waste Landfills and Non-Municipal, Non-
Hazardous Waste Disposal Units That Receive Conditionally Exempt Small 
Quantity Generator Hazardous Waste (Renewal), EPA ICR Number 1608.05, 
OMB Control Number 2050-0152

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (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. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before October 6, 
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2008-0242, to (1) EPA, either online using http://www.regulations.gov 
(our preferred method), or by email to [email protected], or by mail 
to: RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; and (2) OMB, by mail 
to: 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, Office of Solid Waste 
(mail code 5306P), 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 submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On May 6, 2008 (73 FR 24979), EPA sought comments on this ICR 
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional 
comments on this ICR should be submitted to EPA and OMB within 30 days 
of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-RCRA-2008-0242, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Resource 
Conservation and Recovery Act (RCRA) Docket in the EPA Docket Center 
(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The EPA/DC 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.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov 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. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: State Program Adequacy Determination: Municipal Solid Waste 
Landfills and Non-Municipal, Non-Hazardous Waste Disposal Units that 
Receive Conditionally Exempt Small Quantity Generator Hazardous Waste 
(Renewal).
    ICR numbers: EPA ICR No. 1608.05, OMB Control No. 2050-0152.
    ICR Status: This ICR is scheduled to expire on September 30, 2008. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    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 municipal solid waste 
landfills (MSWLFs) and non-municipal, non-hazardous waste disposal 
units that receive household hazardous waste or conditionally exempt 
small quantity generator (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

[[Page 51814]]

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 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.
    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 which have subsequently changed; 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: State, Local, or Tribal Governments.
    Estimated Number of Respondents: 12.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 968.
    Estimated Total Annual Cost: $51,545, which includes $51,545 for 
annualized labor and $0 for annualized capital or O&M costs.
    Changes in the Estimates: There is no change in the estimated 
burden currently identified in the OMB Inventory of Approved ICR 
Burdens.

    Dated: August 28, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E8-20601 Filed 9-4-08; 8:45 am]
BILLING CODE 6560-50-P