Identification, Listing and Rulemaking Petitions (Renewal)
Extension without change of a currently approved collection
No
Regular
Approved without change
03/10/2021
11/29/2019
Upon resubmission, the program must use the standard 18 question Supporting Statement format. In addition, the agency will need to separate the current ICR into 6 separate information collection requests since these are separate regulatory programs under RCRA.
1. Rulemaking Petitions
2. Solid Waste and Boiler Variance Requirements
3. Hazardous Waste Exclusions
4. Hazardous Waste Listing Exemptions
5. Hazardous Waste Export-Import Revisions
6. Disposal of Coal Combustion Residuals
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
03/31/2024
36 Months From Approved
03/31/2021
2,237,467
0
2,252,416
303,208
0
468,379
18,174,409
0
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