[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48856-48857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20161]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0625, FRL-9449-6]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Identification, Listing and Rulemaking Petitions 
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to the Office of Management and Budget (OMB) to renew 
an existing approved Information Collection Request (ICR) concerning 
the identification and listing of hazardous waste under RCRA. This ICR 
is scheduled to expire on January 31, 2012. 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 October 11, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0625, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-9744.
     Mail: RCRA Docket (28221T), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Washington, D.C. 20460.
     Hand Delivery: 1301 Constitution Ave., NW., Room 3334, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2011-0625. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Melissa Kaps, Office of Resource 
Conservation and Recovery (5304P), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
703-308-6787; fax number: 703-308-0519; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-RCRA-2011-0625, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the 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 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 RCRA Docket is (202) 566-0270.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.

[[Page 48857]]

    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are 
Business and other for-profit.
    Title: Identification, Listing and Rulemaking Petitions (Renewal).
    ICR numbers: EPA ICR No. 1189.24, OMB Control No. 2050-0053.
    ICR status: This ICR is currently scheduled to expire on January 
31, 2012. 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: Under the authority of the Resource Conservation and 
Recovery Act of 1976 (RCRA), as amended, Congress directed the U.S. 
Environmental Protection Agency (EPA) to implement a comprehensive 
program for the safe management of hazardous waste. In addition, 
Congress wrote that ``[a]ny person may petition the Administrator for 
the promulgation, amendment or repeal of any regulation'' under RCRA 
(section 7004(a)).
    40 CFR parts 260 and 261 contain provisions that allow regulated 
entities to apply for petitions, variances, exclusions, and exemptions 
from various RCRA requirements.
    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.
    Burden Statement: The annual public reporting burden for this ICR 
is estimated to average 27 hours per response, and the annual 
recordkeeping burden for this ICR 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 
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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 2603.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 73,787 hours.
    Estimated total annual costs: $11,917,574. This includes an 
estimated burden cost of $2,678,259 for labor and an estimated cost of 
$9,239,315 for capital investment or maintenance and operational costs.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: August 1, 2011.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2011-20161 Filed 8-8-11; 8:45 am]
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