Identification, Listing and Rulemaking Petitions (Renewal)
Extension without change of a currently approved collection
No
Regular
03/29/2024
table that charts list comparision
Requested
Previously Approved
36 Months From Approved
08/31/2026
39,006
2,237,467
62,778
303,208
8,860,784
18,174,409
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.
With this renewal, this ICR will no longer include the burden associated with the disposal of coal combustion residuals (CCR) from electric utilities as solid waste under Subtitle D of RCRA, found at 40 CFR part 257, subpart D. That burden is covered by OMB Control No. 2050-0223.
US Code:
42 USC 6921-6924
Name of Law: Resource Conservation and Recovery Act of 1976
There is total decrease of 240,430 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. There is a decrease of 175,319 hours as the hours associated with the information collection requirements for the disposal of CCR from this ICR were transferred to 2050-0223 in order to better align the collection requirements as they relate to RCRA and the disposal of CCR; specifically, as they relate to 40 CFR Part 257. In addition, there was a decrease of $7,538,452 in capital/O&M costs to 2050-0223 as part of this realignment. The remaining decrease of approximately 65,111 hours and $1,775,173 is an adjustment to the existing estimates based on data gathered through consultations with EPA Regional and State Offices and the regulated community, not due to program changes.
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.
1189exhibits32.xlsx
1189ss32.docx
Rulemaking Petitions