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

Forms and Documents

Document Name	Status
2310ss01.doc Supporting Statement A	2008-10-29

IC Document Collections

IC ID	Document Title	Status
187051	Part 3 of 3: Revisions to the Definition of Solid Waste (State)	New
187050	Part 2 of 3: Revisions to the Definition of Solid Waste (state)	New
187049	Part 1 of 3: Revisions to the Definition of Solid Waste (Private sector)	New

ICR Details

OMB Control No: 2050-0202	ICR Reference No: 200905-2050-001
Status: Historical Active	Previous ICR Reference No: 200810-2050-003
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2310.01
Title: Revisions to the RCRA Definition of Solid Waste (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/04/2009
	Date Received in OIRA: 05/04/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2012	36 Months From Approved
Responses	158,508	0	0
Time Burden (Hours)	20,403	0	0
Cost Burden (Dollars)	556,562	0	0

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Abstract: The U.S. Environmental Protection Agency (EPA) has published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended. Specifically, EPA has amended 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 has also amended Part 261 to provide 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 has established conditions for the export of excluded materials, as specified. Finally, EPA has finalized other amendments to address particular issues (e.g., it has established standards in Part 260 to enable a person to apply to EPA for a formal determination that a material is not discarded and therefore not a solid waste). The purpose of the amendments is to codify the RCRA concept of "legitimate recycling" and to respond to court decisions concerning the definition of solid waste.

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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	Final or interim final rulemaking	73 FR 64668	10/30/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Part 3 of 3: Revisions to the Definition of Solid Waste (State)
Part 1 of 3: Revisions to the Definition of Solid Waste (Private sector)
Part 2 of 3: Revisions to the Definition of Solid Waste (state)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	158,508	0	0	158,508	0	0
Annual Time Burden (Hours)	20,403	0	0	20,403	0	0
Annual Cost Burden (Dollars)	556,562	0	0	556,562	0	0

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 final rule places necessary conditions on generators, intermediate facilities and reclaimers in managing their hazardous secondary materials under the exclusions. At the same time, the rule relieves these entities of existing RCRA paperwork requirements in handling the excluded material, resulting in savings to them. EPA believes that these savings will more than offset the burden of the rule's paperwork requirements.

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Annual Cost to Federal Government: $126,739

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: 10/30/2008

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