Revisions to the RCRA Definition of Solid Waste (Proposed Rule)

Forms and Documents

Document Name	Status
1189ss19.doc Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
41681	Identification, Listing and Rulemaking Petitions	Modified
179229	Identification, Listing and Rulemaking Petitions	New

ICR Details

OMB Control No: 2050-0053	ICR Reference No: 200703-2050-001
Status: Historical Inactive	Previous ICR Reference No: 200606-2050-003
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1189.19
Title: Revisions to the RCRA Definition of Solid Waste (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 05/25/2007
	Date Received in OIRA: 03/26/2007
Terms of Clearance: Upon EPA's next request for OMB's approval, EPA should address the public comments submitted on the information collection associated with this rule. In particular, EPA should address the National Mining Association comments on the burden estimates and consultation with a broader sample of affected industries.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2008	01/31/2008	07/31/2008
Responses	37,690	0	37,690
Time Burden (Hours)	75,929	0	75,929
Cost Burden (Dollars)	8,932,000	0	8,932,000

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Abstract: The U.S. Environmental Protection Agency (EPA) is proposing revisions to the definition of solid waste that would exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended. Specifically, EPA is proposing to amend 40 CFR Part 261 to provide that hazardous secondary materials reclaimed under the control of the generator are not solid wastes if specified conditions are met. EPA also is proposing that hazardous secondary materials that are generated and then transferred to another person for the purpose of reclamation are not solid waste, provided that specified conditions are met. In addition, EPA is proposing requirements for the export of excluded materials, as specified. Finally, EPA is proposing other amendments to address particular issues (e.g., it is proposing standards in Part 260 to enable a person to apply to EPA for a formal determination that a material is clearly not discarded and therefore not a solid waste). The purpose of the proposed amendments is to encourage recycling and resource conservation and to respond to several court decisions concerning the definition of solid waste. The proposed action is a supplement to the Agency's proposal of October 28, 2003 (68 FR 61558).

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Authorizing Statute(s): US Code: 42 USC 6921-6924 Name of Law: Resource Conservation and Recovery Act of 1976
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG31	Proposed rulemaking	72 FR 14172	03/26/2007

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Identification, Listing and Rulemaking Petitions
Identification, Listing and Rulemaking Petitions

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The proposed rule would place necessary conditions on generators and reclaimers in managing the excluded hazardous materials. The proposed paperwork requirements would result in a burden of 11,645 hours to respondents annually. However, the rule would relieve these respondents of existing RCRA paperwork requirements in handling the excluded material, resulting in a savings to them. As shown in the ICR supporting statement, EPA estimates that these savings would more than offset the burden of the proposed paperwork requirements. No change in burden other than the placehold of 1 hour/$1 has been submitted with this ICR since the rule is currently at the proposal stage and the burden associated with this rule will not go into effect until the rule goes final.

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Annual Cost to Federal Government: $51,395

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/26/2007

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