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###### Environmental Protection Agency

          - [EPA-HQ-SFUND-2005-0007, FRL-8770-3]

# 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 EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on March 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.                    

# DATES:

Comments must be submitted on or before April 6, 2009.

# ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-2005-0007 by one of the following methods:
      -  www.regulations.gov:                          Follow the on-line instructions for submitting comments.                    
      -  E-mail: superfund.docket@epa.gov. 
      -  Fax:                          (202) 566-9744.                    
      -  Mail:                          EPA Docket Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.                    

*Instructions:*                         Direct your comments to Docket ID No. EPA-HQ-SFUND-2005-0007. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at                         *www.regulations.gov,*                         including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through                         *www.regulations.gov*                         or e-mail. The                         *www.regulations.gov*                         Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through                         *www.regulations.gov*                         your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at                         *http://www.epa.gov/​epahome/​dockets.htm.*

# FOR FURTHER INFORMATION CONTACT:

                        Sella M. Burchette, U.S. Environmental Response Team, MS 101, Building 18, Edison, NJ 08837, telephone number: 721-321-6726; fax number: 732-321-6724; e-mail address:                         *burchette.sella@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-SFUND-2005-0007 established a public docket for each of the ICRs identified in this document (see the Docket ID numbers for each ICR that are provided in the text, which is available for online viewing at                     *www.regulations.gov,*                     or in person viewing at the Superfund 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 Superfund Docket is 202-566-0276.                

                    Use                     *www.regulations.gov*                     to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 in this document.                

Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits 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. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

You may find the following suggestions helpful for preparing your comments:

1. Explain your views as clearly as possible and provide specific examples. 

2. Describe any assumptions that you used. 

3. Provide copies of any technical information and/or data you used that support your views. 

4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 

                    5. Offer alternative ways to improve the collection activity.                           ( print page 5932)    

                    6. Make sure to submit your comments by the deadline identified under                     **DATES**                    .                 

                    7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and                     **Federal Register**                     citation.                 

*Affected entities:*                     Entities potentially affected by this action are those State and local employees engaged in hazardous waste operations and emergency response in the 27 States that do not have Occupational Safety and Health Administration (OSHA) approved State plans.                 

*Title:*                     EPA Worker Protection Standards for Hazardous Waste Operation and Emergency Response (Renewal).                 

*ICR numbers:*                     EPA ICR No. 1426.08, OMB Control No. 2050-0105.                 

*ICR status:*                     This ICR is currently scheduled to expire on 03/31/09. This is a request renewal of a currently approved collection. 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:*                     Section 126(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) requires EPA to set worker protection standards for State and local employees engaged in hazardous waste operations and emergency response in the 27 States that do not have Occupational Safety and Health Administration approved State plans. The EPA coverage, required to be identical to the OSHA standards, extends to three categories of employees: Those engaged in clean-ups at uncontrolled hazardous waste sites, including corrective actions at Treatment, Storage and Disposal (TSD) facilities regulated under the Resource Conservation and Recovery Act (RCRA); employees working at routine hazardous waste operations at RCRA TSD facilities, and employees involved in emergency response operations without regard to location. This ICR renews existing mandatory record keeping collection of ongoing activities including monitoring of any potential employee exposure at uncontrolled hazardous waste sites, maintaining records of employee training, refresher training, medical exams and reviewing emergency response plans.                 

*Burden Statement:*                     The annual public reporting and recordkeeping burden for this collection is estimated to average 10.64 hours per response. Burden means the total time, effort, and 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.                 

The ICR provides a detailed explanation of the Agency's estimate, which is only briefly summarized here: 

*Estimated total number of potential respondents:*                     24,000.                 

*Frequency of response:*                     Annually.                 

*Estimated total average number of responses for each respondent:*                     1.                 

*Estimated total annual burden hours:*                     255,427 hours.                 

*Estimated total annual costs:*                     $3,528,888, which is entirely for labor. There are no capital investment or maintenance and operational costs.                 

These burden estimates reflect what is currently approved by OMB, without change. EPA will provide revised burden estimates when the second comment period for this ICR is opened. However, as the universe and regulations have not changed, EPA does not anticipate any substantive changes to the burden figures. 

                    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 pursuant to 5 CFR 1320.12. At that time, EPA will issue another                     **Federal Register**                     notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under                     **FOR FURTHER INFORMATION CONTACT**                    .                 

Dated: January 22, 2009. 

James E. Woolford, 

Director, Office of Superfund Remediation and Technology Innovation.

 [FR Doc. E9-2244 Filed 2-2-09; 8:45 am] 

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