[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76482-76483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31046]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0732, FRL-9939-97-OSWER]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Identification of Non-Hazardous Secondary Materials 
That Are Solid Waste (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), Identification of Non-
Hazardous Secondary Materials That Are Solid Waste (Renewal) (EPA ICR 
No. 2382.04, OMB Control No. 2050-0205) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is 
soliciting public

[[Page 76483]]

comments on specific aspects of the proposed information collection as 
described below. This is a proposed extension of the ICR, which is 
currently approved through March 31, 2016. 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.

DATES: Comments must be submitted on or before February 8, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-RCRA-
2015-0732, 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.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Jesse Miller, Office of Resource 
Conservation and Recovery, Materials Recovery and Waste Management 
Division, MC 5302P, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460; telephone number: (703) 308-1180; fax 
number: (703) 308-0522; email address: [email protected].

SUPPLEMENTARY INFORMATION:  Supporting documents which explain in 
detail the information that the EPA will be collecting are available in 
the public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting 
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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: On March 21, 2011, EPA finalized standards and procedures 
to be used to identify whether non-hazardous secondary materials are 
solid wastes when used as fuels or ingredients in combustion units. 
``Secondary material'' is defined as any material that is not the 
primary product of a manufacturing or commercial process, and can 
include post-consumer material, off-specification commercial chemical 
products or manufacturing chemical intermediates, post-industrial 
material, and scrap (codified in Sec.  241.2). ``Non-hazardous 
secondary material'' is a secondary material that, when discarded, 
would not be identified as a hazardous waste under 40 CFR part 261 
(codified in Sec.  241.2). This RCRA solid waste definition determines 
whether a combustion unit is required to meet the emissions standards 
for solid waste incineration units issued under section 129 of the 
Clean Air Act (CAA) or the emissions standards for commercial, 
industrial, and institutional boilers issued under section 112 of the 
CAA. In this rule, EPA also finalized a definition of traditional 
fuels.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are private sector.
    Respondent's obligation to respond: required to obtain benefit 
(Sections 1004 and 2002 of RCRA).
    Estimated number of respondents: 1,461.
    Frequency of response: One-time.
    Total estimated burden: 2,951 hours. Burden is defined at 5 CFR 
1320.03(b).
    Total estimated cost: $320,200, which includes $320,200 annualized 
labor costs and $0 annualized capital or O&M costs.
    Changes in Estimates: There is a decrease of 23,542 hours in the 
total estimated respondent burden and $1.4 million in the total labor 
costs compared with the ICR currently approved by OMB. These decreases 
are not due to any program changes, but rather a revised estimate of 
the number of petitions expected to be submitted by the respondents. 
Only two petitions were submitted over the last three year period, 
versus the original estimate of 168 petitions. The number of petitions 
anticipated to be filed over the next three year period has therefore 
been reduced to 10, which EPA believes is still a conservative 
estimate. The change in labor costs also incorporates updated labors 
rates available from the Bureau of Labor Statistics.

    Dated: November 23, 2015.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2015-31046 Filed 12-8-15; 8:45 am]
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