Agency Information Collection Activities: Submission for OMB Review; Comment Request; State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units That Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste (Renewal), EPA ICR Number 1608.04, OMB Control Number 2050-0152, 38677-38679 [05-13169]
Download as PDF
Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Notices
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
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 https://www.epa.gov/
edocket.
Title: NESHAP for Cellulose Products
Manufacturing (Renewal).
Abstract: The National Emission
Standards for Hazardous Air Pollutants
(NESHAP), for cellulose products
manufacturing operation were proposed
on August 28, 2000 (65 FR 52166), and
promulgated on June 11, 2002 (67 FR
40043). These standards apply to each
operation that is a major source of
hazardous air pollutant (HAP), which
includes both the miscellaneous viscose
processes source category and the
cellulose ethers productions source
category. The viscose process includes
the cellulose food casing, rayon,
cellulosic sponge, and cellophane
operations, and the cellulose ethers
includes all of the cellulose ether
operations.
Owners or operators must submit
notification that the facility is subject to
the rule; notification of performance
test; notification of compliance status
(including results of performance tests
and other initial compliance
demonstrations); and semiannual
compliance reports. Records and reports
will be required to be retained for a total
of five years.
All reports are sent to the delegated
state or local authority. In the event that
there is no such delegated authority, the
reports are sent directly to the EPA
regional office.
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
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Numbers for EPA’s regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15,
and are identified on the form and/or
instrument, if applicable.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 141 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; 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:
Owners and operators of cellulose
products manufacturing operations.
Estimated Number of Respondents:
13.
Frequency of Response: On occasion,
weekly, and semiannually.
Estimated Total Annual Hour Burden:
12,088 hours.
Estimated Total Annual Costs:
$965,081, which includes $0 annualized
capital/startup costs, $1,000 annual
O&M costs, and $964,081 annual labor
costs.
Changes in the Estimates: There is no
change in the number of respondents
identified in the active ICR, however
there is an increase of 10,652 hours in
the estimated burden as currently
identified in the OMB Inventory of
Approved ICR Burdens. The increase is
attributed primarily to the fact that all
thirteen sources are in compliance with
the standard, and must now monitor
data and submit semiannual reports.
Because there are no new sources
with reporting requirements, no capital/
startup costs are incurred. The only cost
that is incurred is for the operation and
maintenance (O&M) of the monitoring
equipment.
Dated: June 27, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05–13168 Filed 7–1–05; 8:45 am]
BILLING CODE 6560–50–P
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38677
ENVIRONMENTAL PROTECTION
AGENCY
[RCRA–2004–0020, FRL–7932–7]
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; State
Program Adequacy Determination:
Municipal Solid Waste Landfills
(MSWLFs) and Non-Municipal, NonHazardous Waste Disposal Units That
Receive Conditionally Exempt Small
Quantity Generator (CESQG)
Hazardous Waste (Renewal), EPA ICR
Number 1608.04, OMB Control Number
2050–0152
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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 June 30, 2005. 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 estimated burden and cost.
DATES: Additional comments may be
submitted on or before August 4, 2005.
ADDRESSES: Submit your comments,
referencing docket ID number RCRA–
2004–0020, to (1) EPA online using
EDOCKET (our preferred method), by email to rcra-docket@epa.gov, or by mail
to: EPA Docket Center, Environmental
Protection Agency, EPA Docket Center,
Environmental Protection Agency, Mail
Code 5303T, 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:
Craig Dufficy, Municipal and Industrial
Solid Waste Division of the Office of
Solid Waste (Mail Code 5306W),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: (703)
308–9037; fax number: (703) 308–8686;
e-mail address: dufficy.craig @epa.gov.
SUPPLEMENTARY INFORMATION: EPA has
submitted the following ICR to OMB for
review and approval according to the
procedures prescribed in 5 CFR 1320.12.
E:\FR\FM\05JYN1.SGM
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38678
Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Notices
On January 4, 2005 (70 FR 356), EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments.
EPA has established a public docket
for this ICR under Docket ID No. RCRA–
2004–0020, which is available for public
viewing at the Office of Solid Waste and
Emergency Response (OSWER) 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 OSWER Docket is (202) 566–0270.
An electronic version of the public
docket is available through EPA Dockets
(EDOCKET) at https://www.epa.gov/
edocket. Use EDOCKET to 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,
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
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 https://www.epa.gov/
edocket.
Title: State Program Adequacy
Determination: Municipal Solid Waste
Landfills (MSWLFs) and NonMunicipal, Non-Hazardous Waste
Disposal Units that Receive
Conditionally Exempt Small Quantity
Generator (CESQG) Hazardous Waste
(Renewal).
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18:41 Jul 01, 2005
Jkt 205001
Abstract: Section 4010(c) of the
Resource Conservation and Recovery
Act (RCRA) of 1976 requires that EPA
revise the landfill criteria promulgated
under paragraph (1) of section 4004(a)
and section 1008(a)(3). Section 4005(c)
of RCRA, as amended by the Hazardous
Solid Waste Amendments (HSWA) of
1984, requires states to develop and
implement permit programs to ensure
that MSWLFs and non-municipal, nonhazardous waste disposal units that
receive household hazardous waste or
CESQG hazardous waste are in
compliance with the revised criteria for
the design and operation of nonmunicipal, non-hazardous waste
disposal units under 40 CFR part 257,
and MSWLFs under 40 CFR part 258.
(40 CFR part 257, subpart B and 40 CFR
part 258 are henceforth referred to as the
‘‘revised federal criteria’’.) Section
4005(c) of RCRA further mandates the
EPA Administrator to determine the
adequacy of state permit programs to
ensure owner and/or operator
compliance with the revised federal
criteria. A state program that is deemed
adequate to ensure compliance may
afford flexibility to owners or operators
in the approaches they use to meet
federal requirements, significantly
reducing the burden associated with
compliance.
In response to the statutory
requirement in section 4005(c), EPA
developed 40 CFR part 239, commonly
referred to as the State Implementation
Rule (SIR). The SIR describes the state
application and EPA review procedures
and defines the elements of an adequate
state permit program.
The collection of information from the
state during the permit program
adequacy determination process allows
EPA to evaluate whether a program for
which approval is requested is
appropriate in structure and authority to
ensure owner or operator compliance
with the revised federal criteria. The SIR
does not require the use of a particular
application form. Section 239.3 of the
SIR, however, requires that all state
applications contain the following five
components:
(1) A transmittal letter requesting
permit program approval.
(2) A narrative description of the state
permit program, including a
demonstration that the state’s standards
for non-municipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste are technically
comparable to the part 257, subpart B
criteria and/or that its MSWLF
standards are technically comparable to
the part 258 criteria.
PO 00000
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Fmt 4703
Sfmt 4703
(3) A legal certification demonstrating
that the state has the authority to carry
out the program.
(4) Copies of state laws, regulations,
and guidance that the state believes
demonstrate program adequacy.
(5) Copies of relevant state-tribal
agreements if the state has negotiated
with a tribe for the implementation of a
permit program for non-municipal, nonhazardous waste disposal units that
receive CESQG hazardous waste and/or
MSWLFs on tribal lands.
The EPA Administrator has delegated
the authority to make determinations of
adequacy, as contained in the statute, to
the EPA Regional Administrator. The
appropriate EPA Regional Office,
therefore, will use the information
provided by each state to determine
whether the state’s permit program
satisfies the statutory test reflected in
the requirements of 40 CFR part 239. In
all cases, the information will be
analyzed to determine the adequacy of
the state’s permit program for ensuring
compliance with the federal revised
criteria.
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 of information is
estimated to average 242 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; 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: States
and territories that seek approval of new
or modified permit programs for
MSWLF’s and for non-municipal, nonhazardous waste disposal units that
receive CESQG waste.
Estimated Number of Respondents:
12.
E:\FR\FM\05JYN1.SGM
05JYN1
Federal Register / Vol. 70, No. 127 / Tuesday, July 5, 2005 / Notices
Frequency of Response: One-time
only.
Estimated Total Annual Hour Burden:
968.
Estimated Total Annual Costs:
$47,249, which includes $0 annualized
Capital Expense/Startup, $0 annual
O&M costs, and $47,249 in Respondent
Labor costs.
Changes in the Estimates: There is a
decrease of 2,221 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR
Burdens. This decrease is due to several
reasons. For the first ICR renewal all
mention of burden estimates for tribes
which were contained in the original
ICR were removed. In addition, since
the last clearance, additional states and
territories have been moving through
the approval process for their MSWLF
permit program adequacy
determinations has decreased from 3 to
2. Also EPA estimates the number of
states and territories that will submit
program approval applications for nonmunicipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste will decrease. And
lastly, the previous ICR included the
Federal Burden which is exempt from
the Paperwork Reduction Act.
Dated: June 27, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05–13169 Filed 7–1–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[OW–2004–0023; FRL–7932–8]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Best Management Practices
(BMP) for the Bleached Papergrade
Kraft and Soda Subcategory and the
Papergrade Sulfite Subcategory of the
Pulp, Paper and Paperboard Point
Source Category (Renewal), EPA ICR
Number 1829.03, OMB Control Number
2040–0207
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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
VerDate jul<14>2003
18:41 Jul 01, 2005
Jkt 205001
expire on June 30, 2005.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 estimated burden and cost.
DATES: Additional comments may be
submitted on or before August 4, 2005.
ADDRESSES: Submit your comments,
referencing docket ID number OW–
2004–0023, to (1) EPA online using
EDOCKET (our preferred method), by email to ow–docket@epa.gov, or by mail
to: EPA Docket Center, Environmental
Protection Agency, Water Docket,
4101T, 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:
Lynn Stabenfeldt, Office of Wastewater
Management, 4201M, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460;
telephone number: (202) 564–0602; fax
number: (202) 501–2396; e-mail address:
stabenfeldt.lynn@epa.gov.
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 August 30, 2004 (69 FR 52883) EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments.
EPA has established a public docket
for this ICR under Docket ID No. OW–
2004–0023, which is available for public
viewing at the Water 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 Water
Docket is (202) 566–2426.An electronic
version of the public docket is available
through EPA Dockets (EDOCKET) at
https://www.epa.gov/edocket. Use
EDOCKET to 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
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
38679
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,
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
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 https://www.epa.gov/
edocket.
Title: Best Management Practices
(BMP) for the Bleached Papergrade Kraft
and Soda Subcategory and the
Papergrade Sulfite Subcategory of the
Pulp, Paper and Paperboard Point
Source Category (Renewal).
Abstract: The EPA established BMP
provisions as part of final amendments
to 40 CFR part 430, the Pulp, Paper and
Paperbaord Point Source Category
promulgated on April 15, 1998 (see 63
FR 18504–18751). These provisions,
promulgated under the authorities of
sections 304, 307, 308, 402 and 501 of
the Clean Water Act, require that
owners or operators of bleached
papergrade kraft, soda and sulfite mills
implement site-specific BMPs to prevent
or otherwise contain leaks and spills of
spent pulping liquors, soap and
turpentine and to control intentional
diversions of these materials.
EPA has determined that these BMPs
are necessary because the materials
controlled by these practices, if spilled
or otherwise lost, can interfere with
wastewater treatment operations and
lead to increased discharges of toxic,
nonconventional, and conventional
pollutants. For further discussion of the
need for BMPs, see section VI.B.7. of the
preamble to the amendments to 40 CFR
part 430 (see 63 FR 18561–18566).
The BMP program includes
information collection requirements that
are intended to help accomplish the
overall purposes of the program by, for
example, training personnel, see 40 CFR
430.03(c)(4), analyzing spills that occur,
see 40 CFR 430.03(c)(5), identifying
equipment items that might need to be
upgraded or repaired, see 40 CFR
430.03(c)(2), and performing
E:\FR\FM\05JYN1.SGM
05JYN1
Agencies
[Federal Register Volume 70, Number 127 (Tuesday, July 5, 2005)]
[Notices]
[Pages 38677-38679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13169]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[RCRA-2004-0020, FRL-7932-7]
Agency Information Collection Activities: Submission for OMB
Review; Comment Request; State Program Adequacy Determination:
Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-
Hazardous Waste Disposal Units That Receive Conditionally Exempt Small
Quantity Generator (CESQG) Hazardous Waste (Renewal), EPA ICR Number
1608.04, OMB Control Number 2050-0152
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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 June 30, 2005.
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
estimated burden and cost.
DATES: Additional comments may be submitted on or before August 4,
2005.
ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2004-0020, to (1) EPA online using EDOCKET (our preferred method), by
e-mail to rcra-docket@epa.gov, or by mail to: EPA Docket Center,
Environmental Protection Agency, EPA Docket Center, Environmental
Protection Agency, Mail Code 5303T, 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: Craig Dufficy, Municipal and
Industrial Solid Waste Division of the Office of Solid Waste (Mail Code
5306W), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 308-9037; fax number:
(703) 308-8686; e-mail address: dufficy.craig @epa.gov.
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12.
[[Page 38678]]
On January 4, 2005 (70 FR 356), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments.
EPA has established a public docket for this ICR under Docket ID
No. RCRA-2004-0020, which is available for public viewing at the Office
of Solid Waste and Emergency Response (OSWER) 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 OSWER Docket is (202) 566-0270. An
electronic version of the public docket is available through EPA
Dockets (EDOCKET) at https://www.epa.gov/edocket. Use EDOCKET to 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, 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 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 https://www.epa.gov/
edocket.
Title: State Program Adequacy Determination: Municipal Solid Waste
Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal
Units that Receive Conditionally Exempt Small Quantity Generator
(CESQG) Hazardous Waste (Renewal).
Abstract: Section 4010(c) of the Resource Conservation and Recovery
Act (RCRA) of 1976 requires that EPA revise the landfill criteria
promulgated under paragraph (1) of section 4004(a) and section
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid
Waste Amendments (HSWA) of 1984, requires states to develop and
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste
or CESQG hazardous waste are in compliance with the revised criteria
for the design and operation of non-municipal, non-hazardous waste
disposal units under 40 CFR part 257, and MSWLFs under 40 CFR part 258.
(40 CFR part 257, subpart B and 40 CFR part 258 are henceforth referred
to as the ``revised federal criteria''.) Section 4005(c) of RCRA
further mandates the EPA Administrator to determine the adequacy of
state permit programs to ensure owner and/or operator compliance with
the revised federal criteria. A state program that is deemed adequate
to ensure compliance may afford flexibility to owners or operators in
the approaches they use to meet federal requirements, significantly
reducing the burden associated with compliance.
In response to the statutory requirement in section 4005(c), EPA
developed 40 CFR part 239, commonly referred to as the State
Implementation Rule (SIR). The SIR describes the state application and
EPA review procedures and defines the elements of an adequate state
permit program.
The collection of information from the state during the permit
program adequacy determination process allows EPA to evaluate whether a
program for which approval is requested is appropriate in structure and
authority to ensure owner or operator compliance with the revised
federal criteria. The SIR does not require the use of a particular
application form. Section 239.3 of the SIR, however, requires that all
state applications contain the following five components:
(1) A transmittal letter requesting permit program approval.
(2) A narrative description of the state permit program, including
a demonstration that the state's standards for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste are
technically comparable to the part 257, subpart B criteria and/or that
its MSWLF standards are technically comparable to the part 258
criteria.
(3) A legal certification demonstrating that the state has the
authority to carry out the program.
(4) Copies of state laws, regulations, and guidance that the state
believes demonstrate program adequacy.
(5) Copies of relevant state-tribal agreements if the state has
negotiated with a tribe for the implementation of a permit program for
non-municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste and/or MSWLFs on tribal lands.
The EPA Administrator has delegated the authority to make
determinations of adequacy, as contained in the statute, to the EPA
Regional Administrator. The appropriate EPA Regional Office, therefore,
will use the information provided by each state to determine whether
the state's permit program satisfies the statutory test reflected in
the requirements of 40 CFR part 239. In all cases, the information will
be analyzed to determine the adequacy of the state's permit program for
ensuring compliance with the federal revised criteria.
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 of information is estimated to average 242
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; 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: States and territories that seek
approval of new or modified permit programs for MSWLF's and for non-
municipal, non-hazardous waste disposal units that receive CESQG waste.
Estimated Number of Respondents: 12.
[[Page 38679]]
Frequency of Response: One-time only.
Estimated Total Annual Hour Burden: 968.
Estimated Total Annual Costs: $47,249, which includes $0 annualized
Capital Expense/Startup, $0 annual O&M costs, and $47,249 in Respondent
Labor costs.
Changes in the Estimates: There is a decrease of 2,221 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This decrease is due to several reasons. For the
first ICR renewal all mention of burden estimates for tribes which were
contained in the original ICR were removed. In addition, since the last
clearance, additional states and territories have been moving through
the approval process for their MSWLF permit program adequacy
determinations has decreased from 3 to 2. Also EPA estimates the number
of states and territories that will submit program approval
applications for non-municipal, non-hazardous waste disposal units that
receive CESQG hazardous waste will decrease. And lastly, the previous
ICR included the Federal Burden which is exempt from the Paperwork
Reduction Act.
Dated: June 27, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-13169 Filed 7-1-05; 8:45 am]
BILLING CODE 6560-50-P