[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4232-4233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01587]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0013, FRL-9505-01-OMS]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Revisions to the RCRA Definition of Solid 
Waste (Renewal)

AGENCY: Environmental Protection Agency

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), Revisions to the Resource 
Conservation and Recovery Act (RCRA) Definition of Solid Waste (EPA ICR 
Number 2310.07, OMB Control Number 2050-0202) to the Office of 
Management and Budget (OMB) for review and approval in accordance with 
the Paperwork Reduction Act. This is a proposed extension of the ICR, 
which is currently approved through March 31, 2022. Public comments 
were previously requested via the Federal Register on June 28, 2021 
during a 60-day comment period. This notice allows for an additional 30 
days for public comments. A fuller description of the ICR is given 
below, including its estimated burden and cost to the public. 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: Additional comments may be submitted on or before February 28, 
2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-
2018-0013, online using www.regulations.gov (our preferred method) 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.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Tracy Atagi, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 202-566-0511; 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. Due to public health concerns related to COVID-19, 
the EPA Docket Center and Reading Room are open to the public by 
appointment only. For further information and updates on EPA Docket 
Center services, please visit us online at https://www.epa.gov/dockets. 
The telephone number for the Docket Center is 202-566-1744.
    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 are held accountable to the applicable 
requirements; (2) state inspectors can verify compliance with

[[Page 4233]]

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.
    Form Numbers: None.
    Respondents/affected entities: 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: 4,848.
    Frequency of response: On occasion.
    Total estimated burden: 36,760 hours per year. Burden is defined at 
5 CFR 1320.03(b).
    Total estimated cost: $2,793,420 (per year), which includes $18,403 
in annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 1,877 hours 
compared to the currently approved ICR due mainly to the inclusion of 
State Agency burden. There were no program changes.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-01587 Filed 1-26-22; 8:45 am]
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