[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Pages 38627-38628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15864]

[[Page 38627]]



[EPA-HQ-RCRA-2011-0983; FRL-9518-7]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Criteria for Classification of 
Solid Waste Disposal Facilities and Practices (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 
3501 et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The ICR, which is abstracted below, describes the 
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before July 30, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2011-0983, to (1) EPA online using www.regulations.gov (our preferred 
method), by email to rcra-docket@epa.gov or by mail to: RCRA Docket 
(28221T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460, and (2) OMB by mail to: Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Office of Resource 
Conservation and Recovery, (5304P), Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 
703-308-9037; fax number: 703-308-8686; email address: 

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On February 28, 2012 (77 FR 12048), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-RCRA-2011-0983, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Resource Conservation 
and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA/DC 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is 202-566-1744, and the telephone number for the RCRA Docket is 
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, confidential business information (CBI), or other information 
whose public disclosure is restricted by statute. For further 
information about the electronic docket, go to www.regulations.gov.
    Title: Criteria for Classification of Solid Waste Disposal 
Facilities and Practices (Renewal)
    ICR numbers: EPA ICR No. 1745.07, OMB Control No. 2050-0154.
    ICR Status: This ICR is scheduled to expire on July 31, 2012. Under 
OMB regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB. 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 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: In order to effectively implement and enforce final 
changes to 40 CFR part 257--Subpart B on a State level, owners/
operators of construction and demolition waste landfills that receive 
Conditionally Exempt Small Quantity Generator (CESQG) hazardous wastes 
will have to comply with the final reporting and recordkeeping 
requirements. The information collected is used by the States to 
regulate and ensure that non-municipal non-hazardous waste disposal 
units that receive CESQG hazardous wastes, and CESQGs, are complying 
with the final revisions to the part 257, subpart B criteria and the 
revisions to part 261. This program is implemented by approved States 
and all information will be reported to the States or kept in an 
operating record; in unapproved States, the ``Criteria for 
Classification of Solid Waste Disposal Facilities and Practices'' (40 
CFR part 257) are self implementing, meaning that the owner/operator 
documents compliance with the Criteria and places the documentation in 
the operating record. Once established as a non-municipal non-hazardous 
waste disposal unit, ground-water monitoring is to be conducted 
throughout the active life of the unit plus 30 years. The only units 
that will incur burdens under the part 257, subpart B rule continue to 
be construction and demolition landfills that receive CESQG waste from 
off-site generators. EPA has reviewed Biocycle trade magazine and has 
concluded that the number of Construction and Demolition (C&D) 
landfills has stopped the decline and has remained at the current level 
of 134. The number of respondents is therefore 134 C&D waste landfills 
plus 18 States, for a total of 152 respondents.
    The Agency assumes 14 new and lateral expansion of existing units 
will be activated per year accepting CESQG waste subject to Part 257, 
Subpart B rule. EPA has estimated a one-time recordkeeping requirement 
for the Floodplains location restriction of 10 hours per unit. There is 
a one-time reporting burden of two hours per unit. Owners and operators 
of non-municipal non-hazardous waste disposal units that may receive 
CESQG wastes may demonstrate (document) that there is no potential for 
migration of hazardous constituents from the unit. The demonstration is 
to be based on site-specific data and fate and transport modeling. EPA 
estimates that no more than 1 owner/operator out of the 14 new 
facilities will attempt this demonstration. EPA assumes that the 
required documentation would result in a one-time reporting requirement 
of 100 hours per unit. One-time burden hours are incurred under this 
provision for 3 of the 14 new small/arid/remote facilities that are 
eligible to use alternative ground-water monitoring and choose to 
upgrade. The Agency assumes that 3 of the total 14 new units will be 
located in small/arid/remote locations. There is a one-time

[[Page 38628]]

recordkeeping burden of 10 hours per unit and a one-time reporting 
burden of two hours per unit. EPA estimates 14 new or lateral 
expansions of existing construction and demolition landfills will 
choose to upgrade and will not be eligible to use alternative ground-
water monitoring techniques. The Agency assumes the one-time reporting 
requirement of 20 hours per unit would result for these 14 new or 
lateral expansions of existing units. EPA estimates the total annual 
reporting burden for detection monitoring to be 32 hours per year for 
the 134 existing units and the 14 new or lateral expansions of existing 
units per year. The annual recordkeeping requirement burden is two 
hours for each unit. For assessment monitoring, EPA estimates that this 
rule would impose an annual reporting burden of 32 hours per occurrence 
per year. For corrective action, EPA estimated an annual reporting 
burden of 200 hours per year to document progress in clean-up 
activities. There are annual recordkeeping burdens at Sec. Sec.  
257.27(b), 257.28(c)(4) and 257.28(e)(2). Each of these annual 
recordkeeping burdens requires two hours per unit, for a total of six 
hours. EPA estimates that the recordkeeping requirement at Sec.  257.30 
to place notifications in the operating record will impose a one-time 
recordkeeping burden of 10 hours on 1 new or lateral expansion of an 
existing unit per year.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 74 
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 which have subsequently changed; 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: Private Solid Waste Disposal 
Facilities, States.
    Estimated Number of Respondents: 152.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 11,220.
    Estimated Total Annual Cost: $2,097,810, which includes $520,151 in 
annualized labor and $1,577,659 in annualized capital or O&M costs.
    Changes in the Estimates: There is a change of 1 hour in the total 
estimated burden currently identified in the OMB Inventory of Approved 
ICR Burdens. This is due to a constant number of Construction & 
Demolition landfills and an adjustment due to rounding numbers.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-15864 Filed 6-27-12; 8:45 am]