[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Notices]
[Pages 60621-60623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22872]


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ENVIRONMENTAL PROTECTION AGENCY

[RCRA-2004-0007; FRL-7826-5 ]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Identification, Listing and 
Rulemaking Petitions (Renewal), EPA ICR Number 1189.14, OMB Control 
Number 2050-0053

AGENCY: Environmental Protection Agency.

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 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. This ICR is scheduled to expire on November 30, 
2004. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. This ICR describes the nature of the information collection and 
its expected burden and cost.

DATES: Additional comments may be submitted on or before November 12, 
2004.

ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0007, to (1) EPA online using EDOCKET (our preferred method), by 
email to <a href="/cdn-cgi/l/email-protection#cebcadbcafe3aaa1ada5abba8eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="66140514074b0209050d03122603160748010910">[email protected]</span></a>, or by mail to: EPA Docket Center, 
Environmental Protection Agency, Resource Conservation and Recovery Act 
(RCRA) Docket, Mail Code 5305T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, and (2) OMB at: 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: Narendra Chaudhari, Office of Solid 
Waste, Mail Code 5304W, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703)308-0454; fax number: (703)308-0514; email address: 
<a href="/cdn-cgi/l/email-protection#593a31382c3d31382b307737382b3c373d2b38193c2938773e362f"><span class="__cf_email__" data-cfemail="b5d6ddd4c0d1ddd4c7dc9bdbd4c7d0dbd1c7d4f5d0c5d49bd2dac3">[email protected]</span></a>.

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 June 10, 2004 (69 FR 32545), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments on this ICR.
    EPA has established a public docket for this ICR under Docket ID 
number RCRA-2004-0007, which is available for public viewing at the 
RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center 
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 
(202)566-0270. An electronic version of the public docket is available 
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use 
EDOCKET to obtain a copy of the draft collection of information, submit 
or view public comments, access the index listing of the contents of 
the public docket, and to access those documents in the public docket 
that are available electronically. Once in the system, select 
``search,'' then key in the docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice. EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EDOCKET 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. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EDOCKET. The entire 
printed comment, including the copyrighted material, will be available 
in the public docket. Although identified as an item in the

[[Page 60622]]

official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to www.epa.gov/epadocket.
    Title: Identification, Listing and Rulemaking Petitions (Renewal).
    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 Sec.  
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 Sec.  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. 
Under 40 CFR 260.32 and 260.33 are regulations governing the procedures 
and criteria for obtaining a variance for classification as a boiler. 
This variance is available to owners or operators of enclosed flame 
combustion devices.
    40 CFR 261.3 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 submit a notification, or 
supporting information and/or keep detailed records. Under Sec.  
261.3(a)(2)(iv), generators may obtain a hazardous waste exclusion for 
wastewater mixtures subject to Clean Water Act regulation. Under Sec.  
261.3(c)(2)(ii)(C), generators may obtain an exclusion for certain non-
wastewater residues resulting from high temperature metals recovery 
(HTMR) processing of K061, K062 and F006 waste. Also, under Sec.  
261.4(a)(20)(ii)(A), generators and intermediate handlers may obtain a 
hazardous waste exclusion for zinc-bearing hazardous secondary 
materials that are to be incorporated into zinc fertilizers. In 
addition, under Sec.  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 their characteristics or composition. Sample handlers who are 
not subject to the Department of Transportation (DOT) or the United 
States Postal Service (USPS) shipping requirements must comply with the 
information requirements of Sec.  261.4(d)(2).
    When intended for treatability studies, hazardous waste otherwise 
subject to regulation under Subtitle C of the Resource Conservation and 
Recovery Act (RCRA) is exempted from these regulations, provided that 
the requirements in Sec.  261.4(e)-(f) are met, including the following 
information requests: initial notification, record keeping, 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 Sec.  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 Sec.  
261.35(b) and (c) 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. 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 in 40 CFR are listed in 40 CFR part 9 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection varies depending on the type of petition or 
demonstration. For example, it is estimated that the average reporting 
burden per respondent ranges from 0.00 hours (equipment cleaning and 
replacement) to 788 hours (preparation of a delisting petition). The 
average recordkeeping burden per respondent ranges from 63.75 hours 
(equipment cleaning and replacement) to 1.75 hours (delisting 
petition). 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: Business.
    Estimated Number of Respondents: 155.
    Frequency of Response: Varies.
    Estimated Total Annual Hour Burden: 21,511 hours.
    Estimated Total Annualized Cost Burden: $2,206,000, includes 
$895,000 annualized capital/startup or O&M costs.
    Changes in the Estimates: There is an increase of 701 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due primarily to respondents 
submitting a greater number of relatively more complex delisting 
petitions to EPA, which

[[Page 60623]]

require collection of additional information and more time to prepare 
the petitions. The burden increase is an adjustment to the existing 
estimates based on data gathered through consultations with EPA 
Regional Offices and the regulated community and not a result of 
program changes.

    Dated: September 28, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-22872 Filed 10-8-04; 8:45 am]
BILLING CODE 6560-50-P


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