[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Notices]
[Pages 8259-8260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03845]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0013, FRL-9974-39-OLEM]


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: The Environmental Protection Agency (EPA) is planning to 
submit the information collection request (ICR), Revisions to the RCRA 
Definition of Solid Waste (EPA ICR No. 2310.04, OMB Control No. 2050-
0202) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act (PRA). Before 
doing so, the EPA is soliciting public 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 
April 30, 2018. 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 April 27, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0013, 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

[[Page 8260]]

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: Tracy Atagi, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 703-308-8672; fax number: 703-308-8880; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information 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. The 
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, the 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: In 2015 the EPA published final revisions to the 
definition of solid waste that exclude certain hazardous secondary 
materials from regulation (80 FR 1694, January 13, 2015). 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. Paperwork 
requirements finalized in that rule include:
     Under the generator-controlled exclusion at 40 CFR 
261.4(a)(23), the tolling contractor has to maintain at its facility 
for no less than three years records of hazardous secondary materials 
received pursuant to its written contract with the tolling 
manufacturer, and the tolling manufacturer must maintain at its 
facility for no less than three years records of hazardous secondary 
materials shipped pursuant to its written contract with the tolling 
contractor. In addition, facilities performing the recycling of 
hazardous secondary materials under the generator-controlled exclusions 
at 40 CFR 261.4(a)(23) to maintain documentation of their legitimacy 
determination onsite.
     Under the verified recycler exclusion at 40 CFR 
261.4(a)(24), a verified hazardous secondary materials recycler or an 
intermediate facility who has obtained a solid waste variance must meet 
the following conditions: Having financial assurance in place, having 
trained personnel, and meeting emergency preparedness and response 
conditions.
     Under the remanufacturing exclusion at 40 CFR 
261.4(a)(27), both the hazardous secondary material generator and the 
remanufacturer must maintain records of shipments and confirmations of 
receipts for a period of three years from the dates of the shipments.
     Under the revised speculative accumulation requirement in 
261.1(c)(8), all persons subject to the speculative accumulation 
requirements must label the storage unit by indicating the first date 
that the material began to be accumulated.
    This ICR renewal does not include the burden associated with 
filling out form 8700-12 because that burden is included in ICR 2050-
0024. The remaining burden will eventually be included in ICR 2050-
0053, at which time this ICR will be withdrawn.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are private business or other for-profit, as well as State, 
Local, or Tribal governments.
    Respondent's obligation to respond: required to obtain or retain a 
benefit (42 U.S.C. 6921, 6922, 6923, and 6924.)
    Estimated number of respondents: 200.
    Frequency of response: On occasion
    Total estimated burden: 36,488 hours. Burden is defined at 5 CFR 
1320.03(b)
    Total estimated cost: $2,378,111, which includes $2,309,742 
annualized labor costs and $68,369 annualized capital or O&M costs.
    Changes in Estimates: The burden hours are likely to stay 
substantially the same.

    Dated: February 1, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-03845 Filed 2-23-18; 8:45 am]
 BILLING CODE 6560-50-P