[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Pages 54345-54346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23584]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0693, FRL-9985-81-OLEM]


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 the information collection request (ICR), Identification of Non-
Hazardous Secondary Materials that are Solid Waste (Renewal) (EPA ICR 
No. 2382.05, OMB Control No. 2050-0205) 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, 2019. This ICR will be combined 
with the Categorical Non-Waste Determination for Selected Non Hazardous 
Secondary Materials (NHSM): Construction and Demolition Wood, Recycling 
Process Residuals, and Creosote-Treated Railroad Ties (Additions to 
List of Section 241.4 Categorical Non-Waste Fuels) (EPA ICR Number 
2493.03, OMB Number 2050-0215), which is currently approved through 
March 31, 2019. 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 December 28, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0693, 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. 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: EPA published the Non-Hazardous Secondary Materials 
(NHSM) Rule on March 21, 2011. This rule 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.
    Amendments to this rule were published on February 7, 2013 (78 FR 
9112), which added new materials to the list of categorical non-waste 
fuels. These amendments also provided clarification on certain issues 
on which EPA received new information, as well as specific targeted 
revisions.
    Further amendments to this rule were published on February 8, 2016 
(81 FR 6688) and on February 7, 2018 (83 FR 5317), which added more 
materials to the list of categorical non-waste fuels. The ICRs 
associated with the February 2013, February 2016 and February 2018

[[Page 54346]]

rules are being consolidated into this ICR.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are Business or other for-profit.
    Respondent's obligation to respond: Required to obtain benefit 
(Sections 1004 and 2002 of RCRA).
    Estimated number of respondents: 2,076.
    Frequency of response: One time.
    Total estimated burden: 3,236. Burden is defined at 5 CFR 
1320.03(b).
    Total estimated cost: $108,068 (per year), which includes $106,716 
in annualized labor and $1,343 in annualized capital or operation & 
maintenance costs.
    Changes in Estimates: The burden hours are likely to stay 
substantially the same.

    Dated: October 18, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-23584 Filed 10-26-18; 8:45 am]
 BILLING CODE 6560-50-P