Revisions to Standards for the Open Burning/Open Detonation (OB/OD) of Waste Explosives (Proposed Rule)

Forms and Documents

Document Name	Status
2769ssa01.docx Supporting Statement A	2024-07-25

IC Document Collections

IC ID	Document Title	Status
269610	State & Local Government	New
269609	Private Sector	New

ICR Details

OMB Control No:	ICR Reference No: 202407-2050-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OLEM	Agency Tracking No: 2769.01
Title: Revisions to Standards for the Open Burning/Open Detonation (OB/OD) of Waste Explosives (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/25/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	2,112	0
Time Burden (Hours)	27,557	0
Cost Burden (Dollars)	207,600	0

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Abstract: EPA is proposing revisions to the Resource and Recovery Act (RCRA) regulations to clarify existing requirements for owners/operators of OB/OD units, including how and when to apply and implement the requirements in the permitting process. Specifically, EPA is proposing to create new Subparts for OB/OD units in Parts 264 (applicable to permitted facilities) and 265 (applicable to interim status facilities). The new Subparts would contain requirements that apply to all owners and operators conducting or seeking to conduct OB/OD of waste explosives, including activities conducted as part of RCRA corrective action. EPA is further proposing requirements for OB/OD used in non-time sensitive emergencies. The new provisions would specify how and when owners and operators and permit authorities are to evaluate alternative treatment technologies for OB/OD, including specific information that would be required for facilities to demonstrate whether safe alternative modes of treatment are available for specific waste streams. EPA is proposing an exemption from the requirement to conduct comprehensive alternative technology evaluations for de minimis quantities of waste explosives that were generated on site. This rule also proposes new and revised regulatory provisions on timelines for implementing alternative technologies, permitting for alternative technologies, waste analysis/characterization, wastes prohibited/restricted from OB/OD, technical standards for OB/OD units, delay of closure applicability to OB/OD units, clarifications to emergency provisions at §§ 270.61 and 264.1(g)/270.1(c)(3), and procedures for permitting mobile treatment units (MTUs). The overall reporting and recordkeeping requirements for OB/OD facilities are reported in separate ICRs, including OMB Control No. 2050-0050 (EPA ICR No. 1572.13) and OMB Control No. 2050-0009 (EPA ICR No. 1573.16). This ICR (EPA ICR No. 2769.01) will be rolled into the consolidated RCRA ICRs in the next renewal cycle.

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Authorizing Statute(s): US Code: 42 USC 3004(n) Name of Law: RCRA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AH24	Proposed rulemaking	89 FR 19952	03/20/2024

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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
Private Sector
State & Local Government

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ICR Summary of Burden

	Total Request	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	2,112	0	0	2,112	0	0
Annual Time Burden (Hours)	27,557	0	0	27,557	0	0
Annual Cost Burden (Dollars)	207,600	0	0	207,600	0	0

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: This is a new information collection request.

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Annual Cost to Federal Government: $383,821

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? No

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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: 07/25/2024

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