Identification, Listing and Rulemaking Petitions (Renewal)

Forms and Documents

Document Name	Status
1189fr26 2FRN.pdf Supplementary Document	2015-11-05
1189fr26 1FRN.pdf Supplementary Document	2015-11-05
1189ss26 Rev 11.3.2015.docx Supporting Statement A	2015-11-05

IC Document Collections

IC ID	Document Title	Status
41681	Identification, Listing and Rulemaking Petitions (Private) 1189.26	Modified
218891	Cathode Ray Tube (Private) 2455.02	New
218890	Conditional Exclusions from Solid Waste (States) 2127.03	New
218889	Conditional Exclusions from Solid Waste (Private) 2127.03	New
218886	Conditional Exclusion from RCRA (States) 2421.04	New
218885	Conditional Exclusion from RCRA (Private) 2421.04	New
217322	Coal Combustion Residuals (States) 1189.25	New
215909	Coal Combustion Residuals (Private) 1189.25	Modified

ICR Details

OMB Control No: 2050-0053	ICR Reference No: 201507-2050-001
Status: Historical Active	Previous ICR Reference No: 201503-2050-003
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1189.26
Title: Identification, Listing and Rulemaking Petitions (Renewal)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 11/05/2015
	Date Received in OIRA: 07/22/2015
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. The agency is requested to submit discontinue requests for the collections (2060-0207; 2060-0208; 2060-0209) that were merged with this collection (2060-0053).

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2018	36 Months From Approved	06/30/2018
Responses	2,252,170	0	39,575
Time Burden (Hours)	485,069	0	358,957
Cost Burden (Dollars)	51,653,044	0	41,112,513

---

Abstract: Under the authority of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress established that "any person may petition the Administrator for the promulgation, amendment or repeal of any regulation" under RCRA (section 7004(a)). 40 CFR parts 260 and 261 contain provisions that allow regulated entities to apply for petitions, variances, exclusions, and exemptions from various RCRA requirements. The following information is required from petitioners under 40 CFR part 260. Under 40 CFR 260.20(b), all rulemaking petitioners must submit basic information with their demonstrations, including name, address, and statement of interest in the proposed action. Under § 260.21, all petitioners for equivalent testing or analytical methods must include specific information and demonstrate that the proposed method is equal to, or superior to, the corresponding method in terms of its sensitivity, accuracy, and reproducibility. Under § 260.22, petitions to amend part 261 to exclude a waste produced at a particular facility must meet extensive requirements. After submission, the Agency reviews materials, deliberates, publishes its tentative decision in the Federal Register, and requests public comment. EPA may also hold informal public hearings to hear oral comments on its tentative decision. After evaluating all comments, EPA publishes its final decision in the Federal Register.

---

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

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 13372	03/13/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 36804	06/26/2015
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Identification, Listing and Rulemaking Petitions (Private) 1189.26
Coal Combustion Residuals (Private) 1189.25
Coal Combustion Residuals (States) 1189.25
Conditional Exclusions from Solid Waste (Private) 2127.03
Conditional Exclusions from Solid Waste (States) 2127.03
Cathode Ray Tube (Private) 2455.02
Conditional Exclusion from RCRA (Private) 2421.04
Conditional Exclusion from RCRA (States) 2421.04

---

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	2,252,170	39,575	0	0	2,212,595	0
Annual Time Burden (Hours)	485,069	358,957	0	0	126,112	0
Annual Cost Burden (Dollars)	51,653,044	41,112,513	0	0	10,540,531	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: There is an increase of 126,112 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is due to the consolidation of ICRs 2127.03, 2455.02, 2421.04 and the CCR rule 1189.25 into this ICR 1189.26. The base ICR had a decrease of 8,192 hours, which is due to estimates gathered from the regulated community.

---

Annual Cost to Federal Government: $331,145

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

---

Common Form ICR:  No

---

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: 07/22/2015

---