Revisions to The RCRA Definition of Solid Waste Final Rule Revision)

Forms and Documents

Document Name	Status
Form 8700-12 Private Sector Form and Instruction	Modified
2310ss04.docx Supplementary Document	2018-04-24
2310ss05-V2.docx Supporting Statement A	2018-04-25

IC Document Collections

IC ID	Document Title	Status
187049	Private Sector Form and Instruction	Modified

ICR Details

OMB Control No: 2050-0202	ICR Reference No: 201804-2050-004
Status: Historical Active	Previous ICR Reference No: 201504-2050-003
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2310.05
Title: Revisions to The RCRA Definition of Solid Waste Final Rule Revision)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/24/2018
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/25/2018
	Date Received in OIRA: 04/24/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	04/30/2018	04/30/2018
Responses	37,558	0	37,558
Time Burden (Hours)	34,366	0	36,488
Cost Burden (Dollars)	68,369	0	68,369

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Abstract: The U.S. Environmental Protection Agency (EPA) has published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended. Specifically, EPA has amended 40 CFR Part 261 to provide that hazardous secondary materials reclaimed under the control of the generator are not solid wastes if specified conditions are met. EPA has also amended Part 261 to provide that hazardous secondary materials that are generated and then sent to a RCRA permitted facility or verified recycler for the purpose of reclamation are not solid waste, provided that specified conditions are met. In addition, EPA has amended Part 261 to provide that certain high value solvents are not solid waste when reclaimed, provided that specified conditions are met. Finally, EPA has finalized other amendments related to variances from solid waste and non-waste determinations in Part 260 and has applied the definition of legitimate recycling in 40 CFR part 260.43 to all hazardous secondary materials recycling.

Emergency Justfication: In 2015, EPA issued a final rule that revised the RCRA Definition of Solid Waste. In that rule, EPA replaced the 2008 transfer-based exclusion found at 40 CFR 261.4(a)(24) and (25) with the verified recycler exclusion, found at 40 CFR 261.4(a)(24). The goal of the 2008 and 2015 rules was to exempt hazardous secondary materials sent to off-site recycling facilities from the definition of solid waste when certain conditions were met. These conditions included recordkeeping and reporting requirements. EPA also revised the definition of legitimate recycling found at 40 CFR 260.43, which was originally promulgated in 2008. In the 2008 and 2015 versions of the regulation, the legitimacy provision was designed to distinguish between real recycling activities—legitimate recycling—and sham recycling, an activity undertaken by an entity to avoid the requirements of managing a hazardous secondary material as a hazardous waste. On July 7, 2014 and amended on March 6, 2018 the United States Court of Appeals for the District of Columbia Circuit: (1) vacated the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions); (2) reinstated the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion; (3) upheld the containment and emergency preparedness provisions and the eligibility of spent petroleum catalysts for the reinstated transfer-based exclusion; (4) vacated factor 4 of the 2015 definition of legitimate recycling in its entirety; and (5) reinstated the 2008 version of factor 4 to replace the now-vacated 2015 version of factor 4. The court issued the mandate for its decision on March 14, 2018, at which point the orders became effective. As a result, some of the recordkeeping and reporting requirements under this ICR no longer apply, while other requirements that had previously applied were reinstated.

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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

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

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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	8700-12	Notification of RCRA Subtitle C Activity

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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	37,558	37,558	0	0	0	0
Annual Time Burden (Hours)	34,366	36,488	0	-2,122	0	0
Annual Cost Burden (Dollars)	68,369	68,369	0	0	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The decrease in burden is a result of the United States Court of Appeals for the District of Columbia Circuit, which On July 7, 2014 and amended on March 6, 2018: (1) vacated the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions); (2) reinstated the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion; (3) upheld the containment and emergency preparedness provisions and the eligibility of spent petroleum catalysts for the reinstated transfer-based exclusion; (4) vacated factor 4 of the 2015 definition of legitimate recycling in its entirety; and (5) reinstated the 2008 version of factor 4 to replace the now-vacated 2015 version of factor 4. The court issued the mandate for its decision on March 14, 2018, at which point the orders became effective. As a result, some of the recordkeeping and reporting requirements under this ICR no longer apply, while other requirements that had previously applied were reinstated.

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Annual Cost to Federal Government: $271,188

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: 04/24/2018

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