Requirements and Exemptions for Specific RCRA Wastes - Reporting & Recordkeeping Requirements for the Proposed Aerosol Can Universal Waste Proposed Rule

Forms and Documents

Document Name	Status
Form 8700-12, 8700-13A/ Private Sector Form and Instruction	Modified
1597ss12.docx Supporting Statement A	2018-10-24

IC Document Collections

IC ID	Document Title	Status
23929	Private Sector Form and Instruction	Modified
183918	State Governments	Unchanged

ICR Details

OMB Control No: 2050-0145	ICR Reference No: 201803-2050-003
Status: Historical Inactive	Previous ICR Reference No: 201412-2050-004
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1597.12
Title: Requirements and Exemptions for Specific RCRA Wastes - Reporting & Recordkeeping Requirements for the Proposed Aerosol Can Universal Waste 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: 10/25/2018
	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. 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.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2018	36 Months From Approved	03/31/2020
Responses	152,614	0	152,614
Time Burden (Hours)	679,354	0	679,354
Cost Burden (Dollars)	10,015,823	0	10,015,823

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Abstract: In the 1976 Resource Conservation and Recovery Act (RCRA), as amended, Congress directs the U.S. Environmental Protection Agency (EPA) to develop and administer a comprehensive program for the safe management and disposal of hazardous waste. In 1980, EPA promulgated regulations in 40 CFR Part 260-279 to comply with RCRA. OMB Control Number 2050-0145 covers the Universal Waste, Mixed Waste and Used Oil provisions included in those regulations. 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 3001 Name of Law: Solid Waste Disposal Act
  

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

IC Title	Form No.	Form Name
State Governments
Private Sector	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: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: EPA expects that the proposed rule associated with ICR will result in an overall reduction in burden to generators of aerosol can hazardous waste. However, as described in this ICR, EPA expects that the proposed rule will result in an increase in burden for compliance with information collection requirements specific to the management of aerosol cans as universal waste. The corresponding reduction in burden for avoided compliance with information collection requirements specific to hazardous waste generator standards is discussed in ICR 2513.03 (OMB Control Number 2050-0213). The expected annual increase in burden for handlers of universal waste aerosol cans is a total of 5,973 hours under the provisions of the proposed rule. This increase in burden reflects paperwork requirements at facilities that ship aerosol cans as universal waste as a result of the proposed rule. The majority of the increase in burden is associated with facilities that change generator status as a result of the designation of aerosol cans as universal waste. The cumulative impact of the proposed rule (when viewed in conjunction with ICR 2513.03) is a net decrease of 39,113 annual burden hours.

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Annual Cost to Federal Government: $4,737

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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