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.
There is a decrease of 25,467
hours in the total estimated respondent burden compared with the
ICR currently approved by OMB. This decrease is due to a revised
estimate of the number of petitions expected to be submitted by the
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.