Identification of Non-Hazardous Secondary Materials That Are Solid Waste (Final Rule)

Forms and Documents

Document	Type	Status	Availability
2382ss02.pdf	Supporting Statement A	Uploaded 2011-01-11	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
193142	Private sector		Modified

ICR Details

OMB Control No: 2050-0205	ICR Reference No: 201105-2050-002
Status: Historical Active	Previous ICR Reference No: 201101-2050-001
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2382.02
Title: Identification of Non-Hazardous Secondary Materials That Are 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: 05/25/2011
	Date Received in OIRA: 05/25/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2014	36 Months From Approved
Responses	1,629	0	0
Time Burden (Hours)	26,451	0	0
Cost Burden (Dollars)	67,704	0	0

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Abstract: EPA's response to a previous Court decision requires a clear determination of which non-hazardous, "secondary materials" constitute RCRA Subtitle D "solid waste" in order to clarify when the combustion of these materials would be regulated pursuant to CAA Section 129 (as opposed to potential regulation under Section 112 if a combustion unit burns materials that are not solid waste when combusted). Thus, EPA has developed the Rule for the identification of non-hazardous secondary materials that are solid waste.

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Authorizing Statute(s): PL: Pub.L. 91 - 604 112(d) Name of Law: Clean Air Act (as amended)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG44	Final or interim final rulemaking	76 FR 15456	03/21/2011

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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: 1

IC Title	Form No.	Form Name
Private sector

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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	1,629	0	0	1,629	0	0
Annual Time Burden (Hours)	26,451	0	0	26,451	0	0
Annual Cost Burden (Dollars)	67,704	0	0	67,704	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: Changes to the regulations are being made in response to an earlier court decision.

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Annual Cost to Federal Government: $1,700,000

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 01/11/2011

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