83_FR_8297 83 FR 8259 - Agency Information Collection Activities; Proposed Collection; Comment Request; Revisions to the RCRA Definition of Solid Waste

83 FR 8259 - Agency Information Collection Activities; Proposed Collection; Comment Request; Revisions to the RCRA Definition of Solid Waste

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 38 (February 26, 2018)

Page Range8259-8260
FR Document2018-03845

The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), Revisions to the RCRA Definition of Solid Waste (EPA ICR No. 2310.04, OMB Control No. 2050- 0202) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through April 30, 2018. 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.

Federal Register, Volume 83 Issue 38 (Monday, February 26, 2018)
[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Notices]
[Pages 8259-8260]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03845]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0013, FRL-9974-39-OLEM]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Revisions to the RCRA Definition of Solid Waste

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit the information collection request (ICR), Revisions to the RCRA 
Definition of Solid Waste (EPA ICR No. 2310.04, OMB Control No. 2050-
0202) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act (PRA). Before 
doing so, the EPA is soliciting public comments on specific aspects of 
the proposed information collection as described below. This is a 
proposed extension of the ICR, which is currently approved through 
April 30, 2018. 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.

DATES: Comments must be submitted on or before April 27, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0013, online using www.regulations.gov (our preferred 
method), by email to [email protected], or by mail to: EPA Docket 
Center, Environmental Protection Agency, Mail Code 28221T, 1200 
Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless

[[Page 8260]]

the comment includes profanity, threats, information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Tracy Atagi, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 703-308-8672; fax number: 703-308-8880; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information the EPA will be collecting are available in the public 
docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting 
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. The 
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. At that time, the EPA will issue another Federal 
Register notice to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB.
    Abstract: In 2015 the EPA published final revisions to the 
definition of solid waste that exclude certain hazardous secondary 
materials from regulation (80 FR 1694, January 13, 2015). The 
information requirements help ensure that (1) entities operating under 
the regulatory exclusions contained in today's action are held 
accountable to the applicable requirements; (2) state inspectors can 
verify compliance with the restrictions and conditions of the 
exclusions when needed; and (3) hazardous secondary materials exported 
for recycling are actually handled as commodities abroad. Paperwork 
requirements finalized in that rule include:
     Under the generator-controlled exclusion at 40 CFR 
261.4(a)(23), the tolling contractor has to maintain at its facility 
for no less than three years records of hazardous secondary materials 
received pursuant to its written contract with the tolling 
manufacturer, and the tolling manufacturer must maintain at its 
facility for no less than three years records of hazardous secondary 
materials shipped pursuant to its written contract with the tolling 
contractor. In addition, facilities performing the recycling of 
hazardous secondary materials under the generator-controlled exclusions 
at 40 CFR 261.4(a)(23) to maintain documentation of their legitimacy 
determination onsite.
     Under the verified recycler exclusion at 40 CFR 
261.4(a)(24), a verified hazardous secondary materials recycler or an 
intermediate facility who has obtained a solid waste variance must meet 
the following conditions: Having financial assurance in place, having 
trained personnel, and meeting emergency preparedness and response 
conditions.
     Under the remanufacturing exclusion at 40 CFR 
261.4(a)(27), both the hazardous secondary material generator and the 
remanufacturer must maintain records of shipments and confirmations of 
receipts for a period of three years from the dates of the shipments.
     Under the revised speculative accumulation requirement in 
261.1(c)(8), all persons subject to the speculative accumulation 
requirements must label the storage unit by indicating the first date 
that the material began to be accumulated.
    This ICR renewal does not include the burden associated with 
filling out form 8700-12 because that burden is included in ICR 2050-
0024. The remaining burden will eventually be included in ICR 2050-
0053, at which time this ICR will be withdrawn.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are private business or other for-profit, as well as State, 
Local, or Tribal governments.
    Respondent's obligation to respond: required to obtain or retain a 
benefit (42 U.S.C. 6921, 6922, 6923, and 6924.)
    Estimated number of respondents: 200.
    Frequency of response: On occasion
    Total estimated burden: 36,488 hours. Burden is defined at 5 CFR 
1320.03(b)
    Total estimated cost: $2,378,111, which includes $2,309,742 
annualized labor costs and $68,369 annualized capital or O&M costs.
    Changes in Estimates: The burden hours are likely to stay 
substantially the same.

    Dated: February 1, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-03845 Filed 2-23-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices                                                  8259

                                               ENVIRONMENTAL PROTECTION                                Pennsylvania Ave. NW, Washington, DC                  hours in this ICR compared to the
                                               AGENCY                                                  20460; telephone number: (202) 564–                   previous ICR. This is due to two
                                                                                                       2970; fax number: (202) 564–0050;                     considerations: (1) There was a
                                               [EPA–HQ–OECA–2013–0347; FRL–9972–
                                                                                                       email address: yellin.patrick@epa.gov.                duplicative recordkeeping line item for
                                               72–OEI]
                                                                                                       SUPPLEMENTARY INFORMATION:                            SSM periods in the previous renewal;
                                               Information Collection Request                          Supporting documents, which explain                   and (2) records of initial performance
                                               Submitted to OMB for Review and                         in detail the information that the EPA                test, performance evaluations, and
                                               Approval; Comment Request; NESHAP                       will be collecting, are available in the              initial notifications have passed the
                                               for Epoxy Resin and Non-Nylon                           public docket for this ICR. The docket                five-year record retention period and are
                                               Polyamide Production (Renewal)                          can be viewed online at                               no longer required. These burden
                                                                                                       www.regulations.gov or in person at the               activities have been removed in this
                                               AGENCY: Environmental Protection                        EPA Docket Center, WJC West, Room                     ICR.
                                               Agency (EPA).                                           3334, 1301 Constitution Ave. NW,
                                                                                                                                                             Courtney Kerwin,
                                               ACTION: Notice.                                         Washington, DC. The telephone number
                                                                                                                                                             Director, Regulatory Support Division.
                                                                                                       for the Docket Center is 202–566–1744.
                                               SUMMARY:   The Environmental Protection                 For additional information about EPA’s                [FR Doc. 2018–03793 Filed 2–23–18; 8:45 am]
                                               Agency has submitted an information                     public docket, visit: http://                         BILLING CODE 6560–50–P
                                               collection request (ICR), ‘‘NESHAP for                  www.epa.gov/dockets.
                                               Epoxy Resin and Non-Nylon Polyamide                        Abstract: The affected entities are
                                               Production’’ (EPA ICR No. 1681.09,                      subject to the General Provisions of the              ENVIRONMENTAL PROTECTION
                                               OMB Control No. 2060–0290), to the                      NESHAP (40 CFR part 63, subpart A),                   AGENCY
                                               Office of Management and Budget                         and any changes, or additions to the                  [EPA–HQ–OLEM–2018–0013, FRL–9974–39–
                                               (OMB) for review and approval in                        Provisions are specified at 40 CFR part               OLEM]
                                               accordance with the Paperwork                           63, subpart W. In general, all NESHAP
                                               Reduction Act. This is a proposed                       standards require initial notifications,              Agency Information Collection
                                               extension of the ICR, which is currently                performance tests, and periodic reports               Activities; Proposed Collection;
                                               approved through April 30, 2018. Public                 by the owners/operators of the affected               Comment Request; Revisions to the
                                               comments were previously requested,                     facilities. They are also required to                 RCRA Definition of Solid Waste
                                               via the Federal Register, on June 29,                   maintain records of the occurrence and
                                               2017 during a 60-day comment period.                                                                          AGENCY: Environmental Protection
                                                                                                       duration of any startup, shutdown, or                 Agency (EPA).
                                               This notice allows for an additional 30                 malfunction in the operation of an
                                               days for public comments. A fuller                                                                            ACTION: Notice.
                                                                                                       affected facility, or any period during
                                               description of the ICR is given below,                  which the monitoring system is                        SUMMARY:   The Environmental Protection
                                               including its estimated burden and cost                 inoperative. These notifications, reports,            Agency (EPA) is planning to submit the
                                               to the public. An agency may neither                    and records are essential in determining              information collection request (ICR),
                                               conduct nor sponsor, and a person is                    compliance, and are required of all                   Revisions to the RCRA Definition of
                                               not required to respond to, a collection                affected facilities subject to NESHAP.                Solid Waste (EPA ICR No. 2310.04,
                                               of information unless it displays a                     Sources are owners/operators of                       OMB Control No. 2050–0202) to the
                                               currently-valid OMB control number.                     facilities which produce polymers and                 Office of Management and Budget
                                               DATES: Additional comments may be                       resins from epichlorohydrin and sources               (OMB) for review and approval in
                                               submitted on or before March 28, 2018.                  which manufacture epichlorohydrin-                    accordance with the Paperwork
                                               ADDRESSES: Submit your comments,                        modified non-nylon polyamide resins.                  Reduction Act (PRA). Before doing so,
                                               referencing Docket ID Number EPA–                       EPA and delegated states will use the                 the EPA is soliciting public comments
                                               HQ–OECA–2013–0347, to: (1) EPA                          information identify new, modified,                   on specific aspects of the proposed
                                               online using www.regulations.gov (our                   reconstructed, or existing sources, or                information collection as described
                                               preferred method), or by email to                       process changes which may affect the                  below. This is a proposed extension of
                                               docket.oeca@epa.gov, or by mail to: EPA                 source’s status and to ensure that                    the ICR, which is currently approved
                                               Docket Center, Environmental                            affected sources are meeting the                      through April 30, 2018. An Agency may
                                               Protection Agency, Mail Code 28221T,                    standards.                                            not conduct or sponsor and a person is
                                               1200 Pennsylvania Ave. NW,                                 Form numbers: None.                                not required to respond to a collection
                                               Washington, DC 20460; and (2) OMB via                      Respondents/affected entities: Epoxy               of information unless it displays a
                                               email to oira_submission@omb.eop.gov.                   resin and non-nylon polyamide                         currently valid OMB control number.
                                               Address comments to OMB Desk Officer                    production facilities.
                                                                                                                                                             DATES: Comments must be submitted on
                                               for EPA.                                                   Respondent’s obligation to respond:
                                                                                                       Mandatory (40 CFR part 63, subpart W).                or before April 27, 2018.
                                                 EPA’s policy is that all comments                                                                           ADDRESSES: Submit your comments,
                                                                                                          Estimated number of respondents: 7
                                               received will be included in the public                                                                       referencing by Docket ID No. EPA–HQ–
                                                                                                       (total).
                                               docket without change, including any                       Frequency of response: Initially,                  OLEM–2018–0013, online using
                                               personal information provided, unless                   occasionally, quarterly and                           www.regulations.gov (our preferred
                                               the comment includes profanity, threats,                semiannually.                                         method), by email to rcra-docket@
                                               information claimed to be Confidential                     Total estimated burden: 3,940 hours                epa.gov, or by mail to: EPA Docket
                                               Business Information (CBI), or other                    (per year). Burden is defined at 5 CFR                Center, Environmental Protection
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                                               information whose disclosure is                         1320.3(b).                                            Agency, Mail Code 28221T, 1200
                                               restricted by statute.                                     Total estimated cost: $424,000 (per                Pennsylvania Ave. NW, Washington, DC
                                               FOR FURTHER INFORMATION CONTACT:                        year), which includes $9,000 in either                20460.
                                               Patrick Yellin, Monitoring, Assistance,                 annualized capital or operation &                       EPA’s policy is that all comments
                                               and Media Programs Division, Office of                  maintenance costs.                                    received will be included in the public
                                               Compliance, Mail Code 2227A,                               Changes in the estimates: There is a               docket without change including any
                                               Environmental Protection Agency, 1200                   small decrease in the respondent labor                personal information provided, unless


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                                               8260                         Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Notices

                                               the comment includes profanity, threats,                the restrictions and conditions of the                  Estimated number of respondents:
                                               information claimed to be Confidential                  exclusions when needed; and (3)                       200.
                                               Business Information (CBI) or other                     hazardous secondary materials exported                  Frequency of response: On occasion
                                               information whose disclosure is                         for recycling are actually handled as                   Total estimated burden: 36,488 hours.
                                               restricted by statute.                                  commodities abroad. Paperwork                         Burden is defined at 5 CFR 1320.03(b)
                                               FOR FURTHER INFORMATION CONTACT:                        requirements finalized in that rule                     Total estimated cost: $2,378,111,
                                               Tracy Atagi, Environmental Protection                   include:                                              which includes $2,309,742 annualized
                                               Agency, 1200 Pennsylvania Ave. NW,                        • Under the generator-controlled                    labor costs and $68,369 annualized
                                               Washington, DC 20460; telephone                         exclusion at 40 CFR 261.4(a)(23), the                 capital or O&M costs.
                                               number: 703–308–8672; fax number:                       tolling contractor has to maintain at its               Changes in Estimates: The burden
                                               703–308–8880; email address:                            facility for no less than three years                 hours are likely to stay substantially the
                                               atagi.tracy@epa.gov.                                    records of hazardous secondary                        same.
                                               SUPPLEMENTARY INFORMATION:                              materials received pursuant to its                      Dated: February 1, 2018.
                                               Supporting documents which explain in                   written contract with the tolling                     Barnes Johnson,
                                               detail the information the EPA will be                  manufacturer, and the tolling                         Director, Office of Resource Conservation and
                                               collecting are available in the public                  manufacturer must maintain at its                     Recovery.
                                               docket for this ICR. The docket can be                  facility for no less than three years                 [FR Doc. 2018–03845 Filed 2–23–18; 8:45 am]
                                               viewed online at www.regulations.gov                    records of hazardous secondary                        BILLING CODE 6560–50–P
                                               or in person at the EPA Docket Center,                  materials shipped pursuant to its
                                               WJC West, Room 3334, 1301                               written contract with the tolling
                                               Constitution Ave. NW, Washington, DC.                   contractor. In addition, facilities                   ENVIRONMENTAL PROTECTION
                                               The telephone number for the Docket                     performing the recycling of hazardous                 AGENCY
                                               Center is 202–566–1744. For additional                  secondary materials under the
                                                                                                       generator-controlled exclusions at 40                 [EPA–HQ–OECA–2014–0080; FRL–9973–
                                               information about EPA’s public docket,                                                                        05–OEI]
                                               visit http://www.epa.gov/dockets.                       CFR 261.4(a)(23) to maintain
                                                  Pursuant to section 3506(c)(2)(A) of                 documentation of their legitimacy                     Information Collection Request
                                               the PRA, the EPA is soliciting comments                 determination onsite.                                 Submitted to OMB for Review and
                                               and information to enable it to: (i)                      • Under the verified recycler                       Approval; Comment Request; NESHAP
                                               Evaluate whether the proposed                           exclusion at 40 CFR 261.4(a)(24), a                   for Cellulose Products Manufacturing
                                               collection of information is necessary                  verified hazardous secondary materials                (Renewal)
                                               for the proper performance of the                       recycler or an intermediate facility who
                                               functions of the Agency, including                      has obtained a solid waste variance                   AGENCY: Environmental Protection
                                               whether the information will have                       must meet the following conditions:                   Agency (EPA).
                                               practical utility; (ii) evaluate the                    Having financial assurance in place,                  ACTION: Notice.
                                               accuracy of the Agency’s estimate of the                having trained personnel, and meeting
                                               burden of the proposed collection of                    emergency preparedness and response                   SUMMARY:   The Environmental Protection
                                               information, including the validity of                  conditions.                                           Agency (EPA) has submitted an
                                               the methodology and assumptions used;                     • Under the remanufacturing                         information collection request (ICR),
                                               (iii) enhance the quality, utility, and                 exclusion at 40 CFR 261.4(a)(27), both                ‘‘NESHAP for Cellulose Products
                                               clarity of the information to be                        the hazardous secondary material                      Manufacturing,’’ EPA ICR No. 1974.08,
                                               collected; and (iv) minimize the burden                 generator and the remanufacturer must                 OMB Control No. 2060–0488, to the
                                               of the collection of information on those               maintain records of shipments and                     Office of Management and Budget
                                               who are to respond, including through                   confirmations of receipts for a period of             (OMB) for review and approval in
                                               the use of appropriate automated                        three years from the dates of the                     accordance with the Paperwork
                                               electronic, mechanical, or other                        shipments.                                            Reduction Act. This is a proposed
                                               technological collection techniques or                    • Under the revised speculative                     extension of the ICR, which is currently
                                               other forms of information technology,                  accumulation requirement in                           approved through April 30, 2018. Public
                                               e.g., permitting electronic submission of               261.1(c)(8), all persons subject to the               comments were previously requested,
                                               responses. The EPA will consider the                    speculative accumulation requirements                 via the Federal Register, on June 29,
                                               comments received and amend the ICR                     must label the storage unit by indicating             2017 during a 60-day comment period.
                                               as appropriate. The final ICR package                   the first date that the material began to             This notice allows for an additional 30
                                               will then be submitted to OMB for                       be accumulated.                                       days for public comments. A fuller
                                               review and approval. At that time, the                    This ICR renewal does not include the               description of the ICR is given below,
                                               EPA will issue another Federal Register                 burden associated with filling out form               including its estimated burden and cost
                                               notice to announce the submission of                    8700–12 because that burden is                        to the public. An agency may neither
                                               the ICR to OMB and the opportunity to                   included in ICR 2050–0024. The                        conduct nor sponsor, and a person is
                                               submit additional comments to OMB.                      remaining burden will eventually be                   not required to respond to a collection
                                                  Abstract: In 2015 the EPA published                  included in ICR 2050–0053, at which                   of information unless it displays a
                                               final revisions to the definition of solid              time this ICR will be withdrawn.                      currently valid OMB control number.
                                               waste that exclude certain hazardous                      Form Numbers: None.                                 DATES: Additional comments may be
                                               secondary materials from regulation (80                   Respondents/affected entities: Entities             submitted on or before March 28, 2018.
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                                               FR 1694, January 13, 2015). The                         potentially affected by this action are               ADDRESSES: Submit your comments,
                                               information requirements help ensure                    private business or other for-profit, as              referencing Docket ID Number EPA–
                                               that (1) entities operating under the                   well as State, Local, or Tribal                       HQ–OECA–2014–0080, to: (1) EPA
                                               regulatory exclusions contained in                      governments.                                          online using www.regulations.gov (our
                                               today’s action are held accountable to                    Respondent’s obligation to respond:                 preferred method), or by email to
                                               the applicable requirements; (2) state                  required to obtain or retain a benefit (42            docket.oeca@epa.gov, or by mail to: EPA
                                               inspectors can verify compliance with                   U.S.C. 6921, 6922, 6923, and 6924.)                   Docket Center, Environmental


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Document Created: 2018-02-24 01:00:25
Document Modified: 2018-02-24 01:00:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before April 27, 2018.
ContactTracy Atagi, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
FR Citation83 FR 8259 

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