State Program Adequacy Determination: Municipal Solid Waste Landfills and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator Hazardous Waste

Forms and Documents

Document	Type	Status	Availability
90 FR 54678.pdf	Supplementary Document	Uploaded 2026-06-08	Available
1608ss10.docx	Supporting Statement A	Uploaded 2026-06-08	Available
1608t10.docx	Supplementary Document	Uploaded 2026-06-08	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
23939	State program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-municipal, Non-hazardous Waste Disposal Units that Receive Conditionally Exempt Small ...		Modified

ICR Details

OMB Control No: 2050-0152	ICR Reference No: 202603-2050-005
Status: Received in OIRA	Previous ICR Reference No: 202203-2050-007
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1608.10
Title: State Program Adequacy Determination: Municipal Solid Waste Landfills and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator Hazardous Waste
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/29/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2026
Responses	4	4
Time Burden (Hours)	993	968
Cost Burden (Dollars)	0	0

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Abstract: Section 4010(c) of the Resource Conservation and Recovery Act (RCRA) requires that the Environmental Protection Agency (EPA) revise the landfill criteria promulgated under paragraph (1) of Section 4004(a) and Section 1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid Waste Amendments (HSWA), requires states to develop and implement permit programs to ensure that non-municipal, non-hazardous waste disposal units that receive household hazardous waste or conditionally exempt small quantity generators (CESQGs) hazardous waste and municipal solid waste landfills (MSWLFs) are in compliance with the revised criteria for the design and operation of non-municipal, non-hazardous waste disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR part 258. Section 4005(c) of RCRA further mandates the EPA Administrator to determine the adequacy of state permit programs to ensure owner/operator compliance with the revised federal criteria. A state program that is deemed adequate to ensure compliance may afford flexibility to owners/operators in the approaches they use to meet federal requirements, significantly reducing the burden associated with compliance. In response to the statutory requirement in §4005(c), EPA developed 40 CFR part 239, commonly referred to as the State Implementation Rule (SIR). The SIR describes the state request and EPA review procedures and defines the elements of an adequate state permit program.

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Authorizing Statute(s): US Code: 42 USC 6901 et. seq. Name of Law: Resource Conservation & Recovery Act
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 54678	11/28/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 37116	06/22/2026
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
State program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-municipal, Non-hazardous Waste Disposal Units that Receive Conditionally Exempt Small ...

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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	4	4	0	0	0	0
Annual Time Burden (Hours)	993	968	0	0	25	0
Annual Cost Burden (Dollars)	0	0	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: No

Burden Reduction Due to:

Short Statement: There is no actual burden change. The addition of 25 hrs. shown in the burden table for this ICR (EPA ICR # 1608.10) represents a correction to an omission in the previous ICR's electronic submission (EPA ICR # 1608.09). That previous ICR did, however, correctly describe 993 hours of average annual burden in its Federal Register Notice and Supporting Statement.

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Annual Cost to Federal Government: $67,652

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: 06/29/2026

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