[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 34008-34009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13738]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0013, FRL-10025-53-OLEM]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; 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. 2310.07, 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 
March 31, 2022. 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 August 27, 2021.

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 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 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: In 2018, the EPA published final revisions to the 
definition of solid waste that exclude certain hazardous secondary 
materials from regulation (83 FR 24664, May 30, 2018). The 2018 final 
rule was promulgated in response to orders issued by the United States 
Court of Appeals for the District of Columbia Circuit on July 7, 2017, 
and amended on March 6, 2018, vacating certain provisions of the 2015 
rule and reinstated corresponding provisions from the 2008 rule. 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. Recordkeeping 
requirements 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 transfer-based exclusion at 40 CFR 261.4(a)(24), 
a generator sending secondary hazardous materials to a facility that 
does not have a permit, would be required to conduct a ``reasonable 
efforts'' environmental audit of the receiving facility; and a 
hazardous secondary materials recycler must meet the following 
conditions: Having financial assurance in place, having trained 
personnel, and meeting emergency preparedness and response conditions.
     Under the export requirements of the transfer-based 
exclusion at 40 CFR 261.4(a)(25), exporters of hazardous secondary 
material must provide notice and obtain consent of the receiving 
country and file an annual report.
     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 under OMB 
Control Number 2050-0024.
    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: 7,674.
    Frequency of response: On occasion.

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    Total estimated burden: 34,883 hours. Burden is defined at 5 CFR 
1320.03(b).
    Total estimated cost: $2,752,557 (per year), which includes $15,475 
annualized capital or operation & maintenance costs.
    Changes in estimates: The burden hours are likely to stay 
substantially the same.

    Dated: June 23, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-13738 Filed 6-25-21; 8:45 am]
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