SUPPLEMENTARY INFORMATION:

Supporting documents, which explain in detail the information that 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.

Abstract: In 2015, the EPA published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation. 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. The United States Court of Appeals for the District of Columbia Circuit on July 7, 2017, and amended on March 6, 2018, issued orders vacating certain provisions of the 2015 rule and reinstated corresponding provisions from the 2008 rule. The vacatur went into effect when the court issued its mandate on March 14, 2018. Paperwork requirements finalized in the 2015 rule, as amended by the court-issued mandate, include:

• Under the generator-controlled exclusion at40 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 transfer-based exclusion at40 CFR 261.4(a)(24), a generator sending secondary hazardous materials to a facility that does not have a permit, would be required to conduct a “reasonable efforts” environmental audit of the receiving facility; and a hazardous secondary materials recycler must meet the following conditions: having financial assurance in place, having trained personnel, and meeting emergency preparedness and response conditions.
• Under the export requirements of the transfer-based exclusion at40 CFR 261.4(a)(25), exporters of hazardous secondary material must provide notice and obtain consent of the receiving country, and file an annual report.
• Under the remanufacturing exclusion at40 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 under OMB Control Number 2050-0024. The remaining burden will eventually be included in ICR 2050-0053, at which time this ICR will be discontinued.

Form Numbers: None.

Respondents/affected entities: Private business or other for-profit entities, 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: 7,674.

Frequency of response: On occasion.

Total estimated burden: 34,883 hours per year. Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $2,752,557 (per year), which includes $15,475 annualized capital or operation & maintenance costs.

83 FR 20072