Hazardous Waste Generator Improvements Rule (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 8700-12, 8700-13A/ State and Local Authorities	Form and Instruction	Modified	Available
Form 8700-12, 8700-13A/ Generators	Form and Instruction	Modified	Available
2513ss03.docx	Supporting Statement A	Uploaded 2018-03-16	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
218070	State and Local Authorities	Form and Instruction	Modified
218069	Generators	Form and Instruction	Modified

ICR Details

OMB Control No: 2050-0213	ICR Reference No: 201803-2050-002
Status: Historical Inactive	Previous ICR Reference No: 201606-2050-003
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2513.03
Title: Hazardous Waste Generator Improvements Rule (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: 04/26/2018
	Date Received in OIRA: 03/16/2018
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2020	36 Months From Approved	12/01/2020
Responses	244,122	0	244,122
Time Burden (Hours)	260,366	0	260,366
Cost Burden (Dollars)	2,526,000	0	2,526,000

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Abstract: In the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, Congress authorized the U.S. Environmental Protection Agency (EPA) to develop and administer a national hazardous waste program. The core of the program is the regulation of hazardous waste from generation to eventual disposal, i.e., from cradle to grave. Sections 3001(d) and 3002 of RCRA authorize EPA to develop and promulgate regulations for generators of hazardous waste. Among other things, EPA is authorized to establish generator standards for recordkeeping, labeling, storage of wastes in tanks, containers, drip pads and containment buildings, use of a hazardous waste manifest system, and biennial reporting to EPA. In addition, RCRA section 3010 sets forth requirements for generators and other hazardous waste handlers to notify EPA of their hazardous waste activities. Finally, RCRA section 3017 sets forth requirements for exporters exporting hazardous waste from the United States (e.g., notification and annual reporting requirements). In 1980, EPA promulgated the principal elements of the generator requirements in 40 CFR part 262. These regulations have been amended on several occasions, including most recently with the 2016 Hazardous Waste Generator Improvements Rule. EPA is currently proposing a rule under which generators of hazardous waste aerosol cans may voluntarily manage these wastes in accordance with the streamlined hazardous waste requirements of the universal waste system. Consistent with EPAs mandate under RCRA to protect human health and the environment, the proposed rule promotes the environmentally sound management and disposal of aerosol cans that might otherwise be managed outside of the RCRA hazardous waste management system. The proposed rule would impact information submissions related to hazardous waste generation and transport.

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Authorizing Statute(s): US Code: 42 USC 6922 Name of Law: Resource Conservation and Recovery Act (RCRA)
   US Code: 42 USC 6923 Name of Law: Resource Conservation and Recovery Act (RCRA)
   US Code: 42 USC 6901 Name of Law: Resource Conservation and Recovery Act (RCRA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG92	Proposed rulemaking	83 FR 11654	03/16/2018

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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

table that charts list of burden

IC Title	Form No.	Form Name
Generators	8700-12, 8700-13A/B, 8700-23	RCRA Subtitle C Reporting Instructions and Forms
State and Local Authorities	8700-12, 8700-13A/B, 8700-23	RCRA Subtitle C Reporting Instructions and Forms

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: As described in this ICR, EPA expects that the proposed rule to designate aerosol cans as Universal Waste will result in a reduction in burden to generators of aerosol can hazardous waste. The expected annual decrease in burden for generators of hazardous waste is a total of 45,086 hours under the provisions of the proposed rule. This decrease in burden reflects reduced paperwork requirements at facilities that ship aerosol cans as universal waste as a result of the proposed rule. The majority of the decrease in burden is associated with facilities that change generator status as a result of the designation of aerosol cans as universal waste. This ICR does not take into account the increase in burden for compliance with information collection requirements specific to management of aerosol cans as universal waste, which is described in ICR 1597.12. The cumulative impact of the proposed rule (when viewed in conjunction with ICR 1597.12) is a net decrease of 39,113 annual burden hours.

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Annual Cost to Federal Government: $339,258

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 03/16/2018

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