This ICR is not approved under 5 CFR 1320. The agency has failed to demonstrate that the proposed collection of information is the least burdensome necessary for the proper performance of the agency's functions, as called for under 5 CFR 1320.5(d). Further the agency has not developed a satisfactory estimate of the total annual reporting and recordkeeping burden likely to result from these requirements, as called for in Sec. 1320.5(a), making it difficult to evaluate the proposed requirements. Specifically, the agency has failed to adequately detail what is expected of the respondents in a number of areas, especially in the preparation of the RMP, such as "information identifying non-hazardous contaminated media and specifying how those media will be managed", " demonstration that the proposed treatment system can be designed and operated in a manner that will adequately control the transfer of pollutants to other environmental media, and " description of planned sampling and analysis procedures necessary to: Ensure effective treatment of the material has occured," and others. EPA should , in its ICR associated with the final rule, explain in greater detail exactly what it is requiring of respondents and why (and/or point to regulatory requirements that compel such information collection). Only with greater detail can OIRA evaluate whether the informat- ion is the least burdensome possible to meet EPA's task. EPA should pay particular attention here to detailing the data items and associated burdens of the requirements of preparing RMPs. In addition, EPA should provide greater detail to support the many assumptions it makes regarding the number of facilities that will need to meet various requirements, such as: the media treatment variance, the number of sites not meeting the treatment standrads in HWIR-media rule, etc... EPA is entitled to make professional judgements about number of facilities likely to fall into one category or another, but should provide, to the extent available, some historical information about such occurences. When EPA submits the ICR associated with the final rule it should be careful to comply with the requirement in Sec 1320.11(h) to submit the final ICR for OMB review on or before the date of publication of the final rule. EPA shall also address these and any comments from the public on this ICR in the final rule, as called for under Sec 1320.11(f).
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
0
0
0
0
0
0
0
0
0
Burden associated with rading the regulations, media treatment variances, review of treatment results, content of RMPs, treatibility studies, approval of RMPs, interstate movement of contaminated media and state authorization for both industry and state respondents.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Hazardous Waste Identification Rule for Contaminated Media