[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Pages 24541-24542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11757]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6008-2]
Agency Information Collection Activities Under OMB Review;
Comment Requests; Identification, Listing and Rulemaking Petitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that the following Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval: Identification, Listing and
Rulemaking Petitions, expiring 06/30/98. The ICR describes the nature
of the information collection and its expected burden and cost; where
appropriate, it includes the actual data collection instrument.
DATES: Comments must be submitted on or before June 3, 1998.
FOR FURTHER INFORMATION CONTACT: For a copy of the ICR, call Sandy
Farmer at EPA, (202) 260-2740, or download off the Internet at http://
www.epa.gov/icr/icr.htm and refer to EPA ICR No. 1189.06.
SUPPLEMENTARY INFORMATION:
Title: Identification, Listing and Rulemaking Petitions, OMB
Control No. 2050-0053; EPA ICR No. 1189.06. This is a request for
extension of a currently approved collection.
Abstract: Under 40 CFR 260.20(b), all rulemaking petitioners must
submit basic information with their demonstrations, including name,
address, and statement of interest in the proposed action. Under
section 260.21, all petitioners for equivalent testing or analytical
methods must include specific information in their petitions and
demonstrate to the satisfaction of the Administrator that the proposed
method is equal to or superior to the corresponding method in terms of
its sensitivity, accuracy, and reproducibility. Under section 260.22,
petitions to amend part 261 to exclude a waste produced at a particular
facility (more simply, to delist a waste) must meet extensive
informational requirements. When a petition is submitted, the Agency
reviews materials, deliberates, publishes its tentative decision in the
Federal Register, and requests public comment. EPA also may hold
informal public hearings (if requested by an interested person or at
the discretion of the Administrator) to hear oral comments on its
tentative decision. After evaluating all comments, EPA publishes its
final decision in the Federal Register.
40 CFR 260.30, 260.31, and 260.33 comprise the standards, criteria,
and procedures for variances from classification as a solid waste for
three types of materials: materials that are collected speculatively
without sufficient amounts being recycled; materials that are reclaimed
and then reused within the original primary production process in which
they were generated; and materials which have been reclaimed, but must
be reclaimed further before the materials are completely recovered.
This variance is available to owners or operators of enclosed flame
combustion devices.
40 CFR 261.33 and 261.4 contain provisions that allow generators to
obtain a hazardous waste exclusion for certain types of wastes.
Facilities applying for these exclusions must either submit supporting
information or keep detailed records. Under section 261.3(a)(2)(iv),
generators may obtain a hazardous waste exclusion for wastewater
mixtures subject to Clean Water Act regulation. Under section
261.3(c)(2)(ii)(C), generators may obtain an exclusion for certain non-
wastewater residues resulting from high metals recovery processing
(HTMR) or K061, K062 and F006 waste. In addition, under section
261.4(b)(6), generators of chromium-containing waste may obtain a
hazardous waste exclusion under certain conditions.
Also addressed under this section is the shipment of samples
between generators and laboratories for the purpose of testing to
determine its characteristics or composition. Sample handlers who are
not subject to DOT or USPS shipping requirements must comply with the
information requirements of section 261.4(d)(2).
When intended for treatability studies, hazardous waste otherwise
subject to regulation under Subtitle C of RCRA is exempted from these
regulations, provided that the requirements in section 261.4(e)-(f) are
met, including the following information requests: Initial
notification, recordkeeping, reporting, and final notification. In
addition, generators and collectors of treatability study samples also
may request quantity limit increases and time extensions, as specified
in section 261.4(e)(3).
40 CFR 261.31(b)(2)(ii) governs procedures and informational
requirements for generators and treatment, storage and disposal
facilities to obtain exemptions from listing as F037 and F038 wastes.
Also under this section are regulations promulgated in 1990 under
section 261.35(b) and governing procedures and information requirements
for the cleaning or replacement of all process equipment that may have
come into contact with chlorophenolic formulations or constituents
thereof, including, but not limited to, treatment cylinders, sumps,
tanks, piping systems, drip pads, fork lifts, and trams.
EPA anticipates that some data provided by respondents will be
claimed as Confidential Business Information (CBI). Respondents may
make a business confidentiality claim by marking the appropriate data
as CBI.
[[Page 24542]]
Respondents may not withhold information from the Agency because they
believe it is confidential. Information so designated will be disclosed
by EPA only to the extent set forth in 40 CFR part 2.
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. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The
Federal Register document required under 5 CFR 1320.8(d), soliciting
comments on this collection of information was published on January 23,
1998 (63 FR 3561-3562). One comment was received.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 57
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
Respondents/Affected Entities: Hazardous Waste Handlers,
Generators, or Treatment, Storage and Disposal Facilities
Estimated Number of Respondents: 330.
Frequency of Response: 1.
Estimated Total Annual Hour Burden: 18,670 hours.
Estimated Total Annualized Cost Burden: $41,000.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques to the following addresses. Please
refer to EPA ICR No. 1189.06 and OMB Control No. 2050-0053 in any
correspondence.
Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory
Information Division (2137), 401 M Street, SW, Washington, DC 20460 (or
E-Mail Farmer.S[email protected]);
and
Office of Information and Regulatory Affairs, Office of Management and
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW,
Washington, DC 20503.
Dated: April 28, 1998.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 98-11757 Filed 5-1-98; 8:45 am]
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