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[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42704-42706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18155]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0543, FRL-9441-7]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Requirements and Exemptions for Specific RCRA Wastes

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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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 
covers collection of information concerning Universal Wastes, Mixed 
Waste, and Used Oil. This ICR is scheduled to expire on December 31, 
2011. 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 September 19, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0543, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: rcra-docket@epa.gov.
     Fax: 202-566-9744.
     Mail: RCRA Docket (28221T), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand Delivery: 1301 Constitution Ave., NW., Room 3334, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2011-0543. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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

[[Page 42705]]

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Kathy Lett, Office of Resource 
Conservation and Recovery, (5304P), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
703-605-0761; fax number: 703-308-0514; e-mail address: 
lett.kathy@epa.gov.

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-RCRA-2011-0543, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the 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 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 RCRA Docket is (202) 566-0270.
    Use http://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.

What information is EPA particularly interested in?

    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.

What should I consider when I prepare my comments for EPA?

    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.
    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.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are 
Private Sector and State, Local, or Tribal Governments.
    Title: Requirements and Exemptions for Specific RCRA Wastes.
    ICR numbers: EPA ICR No. 1597.09, OMB Control No. 2050-0145.
    ICR status: This ICR is currently scheduled to expire on December 
31, 2011. 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 1995, EPA promulgated regulations in 40 CFR part 273 
that govern the collection and management of widely-generated hazardous 
wastes known as ``Universal Wastes''. Universal Wastes are wastes that 
are generated in non-industrial settings by a vast community, and are 
present in non-hazardous waste management systems. Examples of 
Universal Wastes include certain batteries, pesticides, mercury-
containing lamps and thermostats. The Part 273 regulations are designed 
to separate Universal Waste from the municipal wastestream by 
encouraging individuals and organizations to collect these wastes and 
to manage them in an appropriate hazardous waste management system. EPA 
distinguishes two types of handlers of Universal Wastes: Small quantity 
handlers of Universal Waste (SQHUW) and large quantity handlers of 
Universal Waste (LQHUW). SQHUWs do not accumulate more than 5,000 kg of 
any one category of Universal Waste at one time, while LQHUWs may 
accumulate quantities at or above this threshold. More stringent 
requirements are imposed on LQHUWs because of greater potential 
environmental risks.
    In 2001, EPA promulgated regulations in 40 CFR Part 266 that 
provide increased flexibility to facilities managing wastes commonly 
known as ``Mixed Waste''. Mixed Waste are low-level mixed waste (LLMW), 
and naturally occurring and/or accelerator-produced radioactive 
material (NARM) containing hazardous waste. These wastes are also 
regulated by the Atomic Energy Act. As long as specified eligibility 
criteria and conditions are met, LLMW and NARM are exempt from the 
definition of hazardous waste as defined in Part 261. Although these 
eligible wastes are exempted from RCRA manifest, transportation, and 
disposal requirements, they must still comply with the manifest, 
transportation, and disposal requirements under the NRC (or NRC-
Agreement State) regulations.
    And finally, in 1992, EPA finalized management standards for used 
oils destined for recycling. The Agency codified the used oil 
management standards in Part 279 of 40 CFR. The regulations at 40 CFR 
Part 279 establish, among other things, streamlined procedures for 
notification, testing, labeling, and recordkeeping. They also establish 
a flexible self-implementing approach for tracking off-site shipments 
that allow used oil handlers to use standard business practices (e.g., 
invoices, bill of lading). In addition, part 279 sets standards for the 
prevention and cleanup of releases to the environment during storage 
and transit. EPA believes these requirements will minimize potential 
mismanagement of used oils, while not discouraging recycling.
    Burden Statement: The annual public reporting burden for this 
collection of

[[Page 42706]]

information is estimated to average 4.9 hours per response. The total 
public recordkeeping burden for the Universal Waste requirements is 
estimated to average 0.2 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 123,280.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 
1.03.
    Estimated total annual burden hours: 651,135 hours.
    Estimated total annual costs: $30,746,047 which includes 
$10,004,415 annualized capital and O&M costs and $20,741,632 annualized 
labor costs.

What is the next step in the process for this ICR?

    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: July 11, 2011.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2011-18155 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P
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