[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12046-12048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4666]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2012-0114, FRL-9640-4]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Hazardous Remediation Waste Management Requirements 
(HWIR Contaminated Media)

AGENCY: Environmental Protection Agency.

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

[[Page 12047]]

Management and Budget (OMB) to renew an existing approved Information 
Collection Request (ICR) concerning the hazardous remediation waste 
management requirements. This ICR is scheduled to expire on July 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 April 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2012-0114, by one of the following methods:
     www.regulations.gov: Follow the on-line 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-
2012-0114. 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 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: Mike Fitzpatrick, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: 703-308-8411; fax number 703-308-8617; 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-2012-0114, 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 are 
business or other for-profit.
    Title: Hazardous Remediation Waste Management Requirements (HWIR 
Contaminated Media).
    ICR numbers: EPA ICR No. 1775.06, OMB Control No. 2050-0161.
    ICR status: This ICR is currently scheduled to expire on July 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.

[[Page 12048]]

    Abstract: The Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, requires EPA to establish a national regulatory 
program to ensure that hazardous wastes are managed in a manner 
protective of human health and the environment. Under this program 
(known as the RCRA Subtitle C program), EPA regulates newly generated 
hazardous wastes, as well as hazardous remediation wastes (i.e., 
hazardous wastes managed during cleanup). To facilitate prompt and 
protective treatment, storage, and disposal of hazardous remediation 
wastes, EPA established three requirements for remediation waste 
management sites that are different from those for facilities managing 
newly generated hazardous waste: (1) Performance standards for 
remediation waste management sites (40 CFR 264.1(j)); (2) a provision 
excluding remediation waste management sites from requirements for 
facility-wide corrective action; and (3) a new form of RCRA permit for 
treating, storing, and disposing of hazardous remediation wastes (40 
CFR part 270, subpart H). The new permit, a Remedial Action Plan (RAP), 
streamlines the permitting process for remediation waste management 
sites to allow cleanups to take place more quickly.
    In addition, EPA created a new kind of unit called a ``staging 
pile'' (40 CFR 264.554) that allows more flexibility in storing 
remediation waste during cleanup. 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: For owners/operators of hazardous remediation 
waste management sites subject to the 40 CFR 264.1(j) and part 270, 
subpart H requirements, the reporting burden is estimated to be 27.33 
hours per respondent per year. This hourly burden includes time for 
preparing and submitting a RAP application, information to modify a 
RAP, and information to transfer a RAP. The recordkeeping burden is 
estimated to be 42.13 hours per respondent per year. This hourly burden 
includes time for reading the regulations and maintaining documentation 
(e.g., waste analyses results, contingency and emergency plan, file of 
RAP documents) on site.
    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: 215.
    Frequency of response: One-time.
    Estimated total average number of responses for each respondent: 
One.
    Estimated total annual burden hours: 6,953 hours.
    Estimated total annual costs: $483,576, which includes $459,103 
annualized labor and $24,473 annualized capital or O&M 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: February 15, 2012.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2012-4666 Filed 2-27-12; 8:45 am]
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