[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76159-76161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31247]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0923, FRL-9500-2]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Revisions to the RCRA Definition of Solid Waste

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 definition of Solid Waste. This ICR is scheduled to expire on May 
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 February 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0923, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: [email protected].
     Fax: (202) 566-9744.
     Mail: RCRA Docket (28221T), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 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-
2011-0923. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business

[[Page 76160]]

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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov your email 
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: Richard Huggins, Materials Recovery 
and Waste Management Division, Office of Resource Conservation and 
Recovery, (5304P), Environmental Protection Agency, 2733 South Crystal 
Drive, Arlington, VA 22202; telephone number: (703) 308-0017; fax 
number: (703) 308-0514; email 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-2002-0031, which is available for online viewing at 
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 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.
    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 
include approximately 5,600 facilities in 280 industries in 21 economic 
sectors that generate or recycle hazardous secondary materials that are 
currently regulated as RCRA Subtitle C hazardous wastes (e.g., 
secondary materials, such as industrial co-products, by-products, 
residues, and unreacted feedstocks). Approximately 60% of these 
affected facilities are classified in NAICS code economic sectors 31, 
32, and 33 (manufacturing). The remaining economic sectors, which have 
more than ten affected industries each, are in NAICS codes 48 
(transportation), 42 (wholesale trade), and 56 (administrative support, 
waste management and remediation).
    Title: Revisions to the RCRA Definition of Solid Waste.
    ICR numbers: EPA ICR No. 2310.01, OMB Control No. 2050-0202.
    ICR status: This ICR is currently scheduled to expire on May 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: The U.S. Environmental Protection Agency (EPA) has 
published final revisions to the definition of solid waste that exclude 
certain hazardous secondary materials from regulation under Subtitle C 
of the Resource Conservation and Recovery Act (RCRA), as amended. The 
information requirements help ensure that (1) entities operating under 
the regulatory exclusions contained in today's action are held 
accountable to the applicable requirements; (2) state inspectors can 
verify compliance with the restrictions and conditions of the 
exclusions when needed; and (3) hazardous secondary materials exported 
for recycling are actually handled as commodities abroad.
    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

[[Page 76161]]

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:
    For the recordkeeping and reporting requirements applicable to 
hazardous secondary materials sent for reclamation, the aggregate 
annual burden to respondents over the three-year period covered by this 
ICR is estimated to be 11,552 hours, with a cost to affected entities 
(i.e., industrial facilities) of $1,417,242. However, this represents 
an annual reduction in burden to respondents of 52,050 hours, 
representing a cost reduction of $3,474,035 per year. The estimated 
annual operation and maintenance costs to affected entities are 
$739,469 per year, primarily for purchasing audit or other similar type 
reports. There are no startup costs and no costs for purchases of 
services. Administrative costs to the Agency are estimated to be 1,257 
hours per year, representing an annual cost of $49,891. Burden is 
defined at 5 CFR 1320.3(b).

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: November 22, 2011.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2011-31247 Filed 12-5-11; 8:45 am]
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