Proposed Information Collection Request; 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, EPA ICR No. 1608.09, OMB Control No. 2050-0152, 53653-53655 [2021-21018]
Download as PDF
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
Notice; request for public
comment.
ACTION:
In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended (‘‘CERCLA’’), notice
is hereby given by the U.S.
Environmental Protection Agency
(‘‘EPA’’), Region 5, of a proposed
administrative settlement for recovery of
past response costs concerning the West
Vermont Drinking Water Contamination
Site (Site) in Indianapolis, Indiana with
the following parties: AIMCO Michigan
Meadows Holdings, LLC and AIMCO
Properties, L.P. nka Apartment Income
REIT, L.P. and Genuine Parts Company,
as the Settling Parties and Respondents,
and also AIMCO–GP, Inc. nka AIR–GP,
Inc. and Apartment Investment and
Management Company as Other
Covered Parties. The settlement requires
the Respondents to pay $2,825,000 in
past response costs to a Special
Account. Respondents will also prepare
an Engineering Evaluation and Cost
Analysis as well as pay specified
interim and future response costs. The
settlement includes a covenant not to
sue pursuant to Sections 106 and 107 of
CERCLA, relating to the Site, subject to
limited reservations, and protection
from contribution actions or claims as
provided by Section 113(f)(2) of
CERCLA. For thirty (30) days following
the date of publication of this notice,
EPA will receive written comments
relating to the cost recovery component
of this settlement. EPA will consider all
comments received and may modify or
withdraw its consent to the settlement
if comments received disclose facts or
considerations that indicate that the
proposed settlement is inappropriate,
improper, or inadequate. EPA’s
response to any comments received will
be available for public inspection at
www.epa.gov/superfund/west-vermontwater.
SUMMARY:
Comments must be submitted on
or before October 28, 2021.
ADDRESSES: The proposed settlement is
available for public inspection at
www.epa.gov/superfund/west-vermontwater. Submit your comments,
identified by Docket ID No. EPA–05–
SFUND–2021–0581, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
DATES:
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mary Tierney, Remedial Project
Manager, EPA, Superfund & Emergency
Management Division, Region 5, 77
West Jackson Blvd. (SR–6J), Chicago, IL
60604; email: tierney.mary@epa.gov;
phone: (312) 886–4785.
Douglas Ballotti,
Director, Superfund & Emergency
Management Division, Region 5.
SUPPLEMENTARY INFORMATION:
How can I get copies of this document
and other information?
You may access the memorandum
electronically at https://www.epa.gov/
npdes/releases-point-sourcegroundwater or at the public docket
under Docket ID No. EPA–HQ–OW–
2020–0673 which is accessible
electronically at https://
www.regulations.gov. The docket will
also contain a copy of this Federal
Register document and the Federal
Register document that announced the
guidance document (86 FR 6321,
January 21, 2021). The public docket
does not include confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
The telephone number for the Water
Docket is (202) 566–2426.
Dated: September 22, 2021.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2021–20993 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
[FR Doc. 2021–20795 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2020–0673; FRL–8242.1–03–
OW]
Applying the Supreme Court’s County
of Maui v. Hawaii Wildlife Fund
Decision in the Clean Water Act
Section 402 National Pollutant
Discharge Elimination System Permit
Program
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OLEM–2018–0012; FRL–8891–
01–OLEM]
Proposed Information Collection
Request; 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, EPA ICR No.
1608.09, OMB Control No. 2050–0152
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; rescission.
AGENCY:
The Environmental Protection
Agency (EPA) issued a memorandum
rescinding the guidance document
entitled ‘‘Applying the Supreme Court’s
County of Maui v. Hawaii Wildlife Fund
Decision in the Clean Water Act Section
402 National Pollutant Discharge
Elimination System Permit Program,’’
which was signed on January 14, 2021.
The memorandum was issued on
September 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Marcus Zobrist, Office of Wastewater
Management, Water Permits Division
(MC4203M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: (202) 564–8311; email address:
zobrist.marcus@epa.gov.
SUMMARY:
SUMMARY:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
53653
The Environmental Protection
Agency (EPA) is planning to submit an
information collection request (ICR),
‘‘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), (EPA ICR No. 1608.09, OMB
Control No. 2050–0152) 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 in SUPPLEMENTARY
E:\FR\FM\28SEN1.SGM
28SEN1
53654
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
INFORMATION.
This is a proposed
extension of the ICR, which is currently
approved through May 31, 2022. 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 November 29, 2021.
ADDRESSES: Submit your comments,
referencing by Docket ID No. EPA–HQ–
OLEM–2018–0012, to: (1) EPA online
using www.regulations.gov (our
preferred method), by email to rcradocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via
email to oira_submission@omb.eop.gov.
Address comments to OMB Desk Officer
for EPA.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
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:
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) 308–0514; email address:
dufficy.craig@epa.gov.
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.
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
is closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone and webform. For further
information about the EPA’s public
docket, Docket Center services and the
current status, please visit us online at
https://www.epa.gov/dockets. The
telephone number for the Docket Center
is (202) 566–1744.
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
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
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: 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,
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 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.
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
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 40 CFR part 257,
subpart B criteria and/or that its
MSWLF standards are technically
comparable to the 40 CFR 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
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.
Form Numbers: None.
Respondents/affected entities: Entities
potentially affected by this section are
States.
Respondent’s obligation to respond:
Mandatory under section 4005(c) of the
Resource Conservation and Recovery
Act (RCRA) of 1976.
Estimated number of respondents: 12.
Frequency of response: On occasion.
Total estimated burden: 968 hours
(per year). Burden is defined at 5 CFR
1320.03(b).
Total estimated cost: $54,872 (per
year), which includes $54,872 for
E:\FR\FM\28SEN1.SGM
28SEN1
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Notices
annual labor and $0 for annualized
capital or operation & maintenance
costs. All costs are labor costs, there are
no capital/start-up or operation &
maintenance costs associated with this
ICR.
Changes in Estimates: The burden
hours are likely to stay substantially the
same.
Dated: September 10, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and
Recovery.
[FR Doc. 2021–21018 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OLEM–2018–0200; FRL–8890–
01–OLEM]
Proposed Information Collection
Request; Comment Request; Final
Authorization for Hazardous Waste
Management Programs, EPA ICR No.
0969.12, OMB Control No. 2050–0041
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) is planning to submit an
information collection request (ICR),
‘‘Final Authorization for Hazardous
Waste Management Programs’’
(Renewal), (EPA ICR No. 0969.12, OMB
Control No. 2050–0041) 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 in SUPPLEMENTARY
INFORMATION. This is a proposed
extension of the ICR, which is currently
approved through May 31, 2022. 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 November 29, 2021.
ADDRESSES: Submit your comments,
referencing by Docket ID No. EPA–HQ–
OLEM–2018–0200, to: (1) EPA online
using www.regulations.gov (our
preferred method), by email to rcradocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via
email to oira_submission@omb.eop.gov.
SUMMARY:
VerDate Sep<11>2014
16:35 Sep 27, 2021
Jkt 253001
Address comments to OMB Desk Officer
for EPA.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
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:
Peggy Vyas, (mail code 5303P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (703) 308–
5477; fax number: (703) 308–8433;
email address: vyas.peggy@epa.gov.
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.
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
is closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone and webform. For further
information about the EPA’s public
docket, Docket Center services and the
current status, please visit us online at
https://www.epa.gov/dockets. The
telephone number for the Docket Center
is (202) 566–1744.
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
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
53655
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: In order for a State to obtain
final authorization for a State hazardous
waste program or to revise its previously
authorized program, it must submit an
official application to the EPA Regional
office for approval. The purpose of the
application is to enable the EPA to
properly determine whether the State’s
program meets the requirements of
section 3006 of RCRA. A State with an
approved program may voluntarily
transfer program responsibilities to EPA
by notifying the EPA of the proposed
transfer, as required by 40 CFR 271.23.
Further, the EPA may withdraw a
State’s authorized program under 40
CFR 271.23.
State program revision may be
necessary when the controlling Federal
or State statutory or regulatory authority
is modified or supplemented. In the
event that the State is revising its
program by adopting new Federal
requirements, the State shall prepare
and submit modified revisions of the
program description, Attorney General’s
statement, Memorandum of Agreement,
or such other documents as the EPA
determines to be necessary. The State
shall inform the EPA of any proposed
modifications to its basic statutory or
regulatory authority in accordance with
40 CFR 271.21. If a State is proposing
to transfer all or any part of any program
from the approved State agency to any
other agency, it must notify the EPA in
accordance with 40 CFR 271.21 and
submit revised organizational charts as
required under 40 CFR 271.6, in
accordance with 40 CFR 271.21. These
paperwork requirements are mandatory
under section 3006(a). The EPA will use
the information submitted by the State
in order to determine whether the
State’s program meets the statutory and
regulatory requirements for
authorization.
Form Numbers: None.
Respondents/affected entities: State/
territorial governments.
Respondent’s obligation to respond:
Mandatory (RCRA section 3006(a)).
Estimated number of respondents: 50.
Frequency of response: Annual.
Total estimated burden: 9,996 hours
per year. Burden is defined at 5 CFR
1320.03(b).
Total estimated cost: $386,618 (per
year), includes $386,618 in annualized
labor and $0 in annualized capital or
operation & maintenance costs.
Changes in Estimates: The burden
hours are likely to stay substantially the
same.
E:\FR\FM\28SEN1.SGM
28SEN1
Agencies
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53653-53655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21018]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2018-0012; FRL-8891-01-OLEM]
Proposed Information Collection Request; 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, EPA ICR No. 1608.09, OMB Control No. 2050-0152
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``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 No. 1608.09, OMB Control No. 2050-0152) 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 in Supplementary
[[Page 53654]]
Information. This is a proposed extension of the ICR, which is
currently approved through May 31, 2022. 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 November 29, 2021.
ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0012, to: (1) EPA 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, and (2) OMB via email to
[email protected]. Address comments to OMB Desk Officer for
EPA.
EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless 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: 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) 308-0514; email address:
[email protected].
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. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room is closed
to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone and webform. For further
information about the EPA's public docket, Docket Center services and
the current status, please visit us online at https://www.epa.gov/dockets. The telephone number for the Docket Center is (202) 566-1744.
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: 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, 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 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 40 CFR part 257, subpart B criteria and/
or that its MSWLF standards are technically comparable to the 40 CFR
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.
Form Numbers: None.
Respondents/affected entities: Entities potentially affected by
this section are States.
Respondent's obligation to respond: Mandatory under section 4005(c)
of the Resource Conservation and Recovery Act (RCRA) of 1976.
Estimated number of respondents: 12.
Frequency of response: On occasion.
Total estimated burden: 968 hours (per year). Burden is defined at
5 CFR 1320.03(b).
Total estimated cost: $54,872 (per year), which includes $54,872
for
[[Page 53655]]
annual labor and $0 for annualized capital or operation & maintenance
costs. All costs are labor costs, there are no capital/start-up or
operation & maintenance costs associated with this ICR.
Changes in Estimates: The burden hours are likely to stay
substantially the same.
Dated: September 10, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-21018 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P