Identification, Listing and
Rulemaking Petitions (Renewal)
Extension without change of a currently approved collection
No
Regular
11/29/2019
Requested
Previously Approved
36 Months From Approved
01/31/2021
2,237,467
2,252,416
303,208
468,379
18,174,409
47,945,547
Under the authority of the Resource
Conservation and Recovery Act of 1976 (RCRA), as amended, Congress
directed the U.S. Environmental Protection Agency to implement a
comprehensive program for the safe management of hazardous waste.
In addition, Congress wrote that [a]ny 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 are some examples of information
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 in their petitions and demonstrate to the satisfaction
of the Administrator 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 (more
simply, to delist a waste) must meet extensive informational
requirements. When a petition is submitted, the Agency reviews
materials, deliberates, publishes its tentative decision in the
Federal Register, and requests public comment. The EPA also may
hold informal public hearings (if requested by an interested person
or at the discretion of the Administrator) to hear oral comments on
its tentative decision. After evaluating all comments, the EPA
publishes its final decision in the Federal Register. On April 17,
2015, the EPA published a final rule to regulate the disposal of
coal combustion residuals (CCR) from electric utilities as solid
waste under Subtitle D of RCRA (80 FR 21302). EPA established
national minimum criteria for existing and new CCR landfills and
CCR surface impoundments and all lateral expansions to include
location restrictions, design and operating criteria, groundwater
monitoring and corrective action, closure requirements and
post-closure care, and recordkeeping, notification, and internet
posting requirements. These standards are found at 40 CFR part 257,
subpart D.
US Code:
42 USC 6921-6924 Name of Law: Resource Conservation and
Recovery Act of 1976
For sections associated with 40
CFR Parts 260 and 261, the burden increase is an adjustment to the
existing estimates based on data gathered through consultations
with EPA Regional and State Offices and the regulated community.
For sections associated with 40 CFR Part 257, the burden decrease
is a result of an updated (smaller) universe of respondents, and
the completion of many one-time requirements in the original ICR
period that are not required during this ICR period.
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.
1189ss29.docx
Identification, Listing and Rulemaking Petitions (Private) 1189.26