Agency Information Collection Activities; Proposed Collection; 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, 58496-58498 [2011-24273]

Download as PDF wreier-aviles on DSK7SPTVN1PROD with NOTICES 58496 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices EPA has established a public docket for this ICR under Docket ID No. EPA– HQ–OAR–2006–0971, which is available for online viewing at https:// www.regulations.gov, or in person viewing at the Air and Radiation 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 Air and Radiation Docket is 202–566–1742. Use the EPA’s electronic docket and comment system at https:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that the EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at https://www.regulations.gov as the 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. For further information about the electronic docket, go to https://www.regulations.gov. Title: National Volatile Organic Compound Emission Standards for Aerosol Coatings (Renewal) ICR numbers: EPA ICR No 2289.02, OMB Control No. 2060–0617. ICR Status: This ICR is scheduled to expire on September 30, 2011. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at the OMB. 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 the 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 the OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: EPA is required, under section 183(e) of the Clean Air Act, to regulate volatile organic compounds (VOC) emissions from the use of VerDate Mar<15>2010 15:20 Sep 20, 2011 Jkt 223001 consumer and commercial products. Pursuant to section 183(e)(3), EPA published a list of consumer and commercial products and a schedule for their regulation (60 FR 15264). Aerosol coatings were included on the list, and the standards for such coatings are codified at 40 CFR part 59, subpart E. The reports required under the standards enable EPA to identify coating formulations manufactured, imported or distributed in the United States, and to determine the product-weighted reactivity. The ICR addresses the burden for activities conducted in 3 year increments after promulgation of the national VOC emission standards for aerosol coatings. The regulated entities read instructions to determine how they were affected by the rule. New and existing regulated entities submit an initial notification. Regulated entities are required to submit notifications of changes in the products or company information and to maintain records. In addition, regulated entities are required to submit triennial reports of formulation data and VOC usage. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 133 hours per response over the course of the 3 year reporting period. 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: manufacturers, distributors, and importers of aerosol coatings. Estimated Number of Respondents: 64. Frequency of Response: Annually, triennially. Estimated Total Average Hour Burden: 12,265. Estimated Total Annual Cost: $1,033,626 in labor costs. There are no capital or O&M costs. Changes in the Estimates: There is an increase of 143 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Burdens. Year 1 and 2 burden estimates include an initial number of respondents that will be required to perform recordkeeping and reporting activities, and assumes 1 additional initial and supplemental reports will be required to be completed due to new aerosol coating product formulations being introduced into the market, or changes in existing aerosol coatings formulations. Beginning in Year 3, triennial reports will be submitted, increasing the burden for those years where a report is due. Dated: September 15, 2011. John Moses, Director, Collection Strategies Division. [FR Doc. 2011–24286 Filed 9–20–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–RCRA–2011–0752, FRL–9468–7] Agency Information Collection Activities; Proposed Collection; 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 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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 the Office of Management and Budget (OMB) to renew an existing approved Information Collection Request (ICR) concerning the State Program adequacy determinations for non-hazardous municipal waste disposal. This ICR is scheduled to expire on February 29, 2012. 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 November 21, 2011. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– RCRA–2011–0752 by one of the following methods: https://www.regulations.gov: Follow the on-line instructions for submitting comments. E-mail: rcra-docket@epa.gov. Fax: 202–566–0272. SUMMARY: E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices 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– 0752. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://www.regulations.gov website 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 https:// 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 https:// www.epa.gov/epahome/dockets.htm. wreier-aviles on DSK7SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, mail code 5304P, 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: VerDate Mar<15>2010 15:20 Sep 20, 2011 Jkt 223001 58497 How can I access the docket and/or submit comments? What should I consider when I prepare my comments for EPA? EPA has established a public docket for this ICR under Docket ID No. EPA– HQ–RCRA–2011–0752, which is available for online viewing at https:// 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 8:30 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 RCRA Docket is 202– 566–0270. Use https://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. 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 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. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 What information collection activity or ICR does this apply to? Affected entities: Entities potentially affected by this action are States. 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. ICR numbers: EPA ICR No. 1608.06, OMB Control No. 2050–0152. ICR status: This ICR is currently scheduled to expire on February 29, 2012. 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 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 E:\FR\FM\21SEN1.SGM 21SEN1 wreier-aviles on DSK7SPTVN1PROD with NOTICES 58498 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices 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, Subpart B 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 § 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, nonhazardous waste disposal units that VerDate Mar<15>2010 15:20 Sep 20, 2011 Jkt 223001 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. Burden Statement: The annual public reporting burden for this collection of information is estimated to average 242 hours per response. There is no recordkeeping burden associated with this ICR. 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. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 12. Frequency of response: On occasion. Estimated total average number of responses for each respondent: 1. Estimated total annual burden hours: 2,405. Estimated total annual costs: $128,268. All costs are labor costs, there are no capital/start-up or O&M costs associated with this ICR. 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 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: September 14, 2011. Suzanne Rudzinski, Director, Office of Resource Conservation and Recovery. [FR Doc. 2011–24273 Filed 9–20–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2011–0768; FRL–8889–6] Certain New Chemicals; Receipt and Status Information Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Chemical Substances Inventory (TSCA Inventory)) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish in the Federal Register periodic status reports on the new chemicals under review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document, which covers the period from July 1, 2011 to August 26, 2011, and provides the required notice and status report, consists of the PMNs and TMEs, both pending or expired, and the NOC to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the specific PMN number or TME number, must be received on or before October 21, 2011. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2011–0768, and the specific PMN number or TME number for the chemical related to your comment, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention SUMMARY: E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58496-58498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24273]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0752, FRL-9468-7]


Agency Information Collection Activities; Proposed Collection; 
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

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 the Office of Management and Budget (OMB) to renew 
an existing approved Information Collection Request (ICR) concerning 
the State Program adequacy determinations for non-hazardous municipal 
waste disposal. This ICR is scheduled to expire on February 29, 2012. 
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 November 21, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2011-0752 by one of the following methods:
    https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    E-mail: rcra-docket@epa.gov.
    Fax: 202-566-0272.

[[Page 58497]]

    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-
2011-0752. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or e-mail. The https://www.regulations.gov website 
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 https://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 https://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Materials Recovery and 
Waste Management Division, Office of Resource Conservation and 
Recovery, mail code 5304P, 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:

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-2011-0752, which is available for online viewing at 
https://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 
8:30 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 RCRA Docket is 202-566-0270.
    Use https://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 
States.
    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.
    ICR numbers: EPA ICR No. 1608.06, OMB Control No. 2050-0152.
    ICR status: This ICR is currently scheduled to expire on February 
29, 2012. 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 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

[[Page 58498]]

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, Subpart B 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 Sec.  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.
    Burden Statement: The annual public reporting burden for this 
collection of information is estimated to average 242 hours per 
response. There is no recordkeeping burden associated with this ICR. 
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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 12.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,405.
    Estimated total annual costs: $128,268. All costs are labor costs, 
there are no capital/start-up or O&M costs associated with this ICR.

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: September 14, 2011.
Suzanne Rudzinski,
Director, Office of Resource Conservation and Recovery.
 [FR Doc. 2011-24273 Filed 9-20-11; 8:45 am]
BILLING CODE 6560-50-P
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