[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7147-7148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3147]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0752; FRL-9511-8]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; 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)

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 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 March 12, 
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2011-0752 to (1) EPA online using www.regulations.gov (our preferred 
method), by email to [email protected], or by mail to: EPA Docket 
Center, Environmental Protection Agency, Mail Code 28221T, 1200 
Pennsylvania Ave. 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 Resource 
Conservation and Recovery (mail code 5306P), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: 703-308-9037; fax number: 703-308-8686; email 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 September 21, 2011 (76 FR 58496), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during 
the comment period. 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-2011-0752, which is available for online viewing at 
www.regulations.gov, or in person 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 
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 on paper, will be made 
available for public viewing at 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 www.regulations.gov.
    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).
    ICR numbers: EPA ICR No. 1608.06, OMB Control No. 2050-0152.
    ICR Status: This ICR is scheduled to expire on February 29, 2012. 
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

[[Page 7148]]

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 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 reducing the burden associated with compliance.
    In response to the statutory requirement in Sec.  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; 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: $53,835, which includes $53,835 for 
annual labor and $0 for annualized capital or O&M costs. All costs are 
labor costs, there are no capital/start-up or O&M costs associated with 
this ICR.
    Changes in the Estimates: There is no change in the total estimated 
burden currently identified in the OMB Inventory of Approved ICR 
Burdens.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-3147 Filed 2-9-12; 8:45 am]
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