96-28097. Agency Information Collection Activities: Proposed Collection; Comment Request; Hazardous Waste Management System: Land Disposal Restrictions ``No-Migration'' Variances  

  • [Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
    [Notices]
    [Pages 56539-56540]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-28097]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [FRL-5644-9]
    
    
    Agency Information Collection Activities: Proposed Collection; 
    Comment Request; Hazardous Waste Management System: Land Disposal 
    Restrictions ``No-Migration'' Variances
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
    et seq.), this notice announces that EPA is planning to submit the 
    following proposed Information Collection Request (ICR) to the Office 
    of Management and Budget (OMB): Hazardous Waste Management System: Land 
    Disposal Restrictions ``No-Migration'' Variances, EPA ICR Number 1353, 
    and OMB Control Number 2050-0062. Before submitting the ICR to OMB for 
    review and approval, EPA is soliciting comments on specific aspects of 
    the proposed information collection as described below.
    
    DATES: Comments must be submitted on or before December 31, 1996.
    
    ADDRESSES: Commenters must send an original and two copies of their 
    comments referencing docket number F-96-NMIP-FFFFF to: RCRA Docket 
    Information Center, Office of Solid Waste (5305G), U.S. Environmental 
    Protection Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington, 
    DC 20460. Hand deliveries of comments should be made to the Arlington, 
    VA, address below. Comments may also be submitted electronically 
    through the Internet to:
    rcra-docket@epamail.epa.gov.
    Comments in electronic format should also be identified by the docket 
    number F-96-NMIP-FFFFF. All electronic comments must be submitted as an 
    ASCII file avoiding the use of special characters and any form of 
    encryption. Commenters should not submit electronically any 
    confidential business information (CBI). An original and two copies of 
    CBI must be submitted under separate cover to: RCRA CBI Document 
    Control Officer, Office of Solid Waste (5305W), U.S. EPA, 401 M Street, 
    SW, Washington, DC 20460.
        Public comments and supporting materials are available for viewing 
    in the RCRA Information Center (RIC), located at Crystal Gateway I, 
    First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is 
    open from 9 a.m. to 4 p.m., Monday through Friday, excluding federal 
    holidays. To review docket materials, it is recommended that the public 
    make an appointment by calling (703) 603-9230. The public may copy a 
    maximum of 100 pages from any regulatory docket at no charge. 
    Additional copies cost $0.15/page.
    
    FOR FURTHER INFORMATION CONTACT: Chris Rhyne, USEPA, Office of 
    Solid Waste (5303W), 401 M Street, SW., Washington, D.C. 20460; 
    Phone (703) 308-8658; FAX (703) 308-8609.
    
    SUPPLEMENTARY INFORMATION:
        Affected entities: Entities potentially affected by this action are 
    those that treat, store or dispose of hazardous waste on the land, and 
    are subject to the land disposal restrictions at 40 CFR part 268.
        Title: Hazardous Waste Management Systems: Land Disposal 
    Restrictions ``No-Migration'' Variances (OMB Control No. 2050-0062; EPA 
    ICR No. 1353), expiring 4/30/97.
        Abstract: The 1984 Hazardous and Solid Waste Amendments to the 
    Resource Conservation and Recovery Act (RCRA) of 1976 created 
    substantial new requirements for those who manage hazardous waste. (See 
    42 USC 6905, 6912(a), 6921, 6924, 6925, and 6935.) The amendments 
    prohibit land disposal of hazardous wastes beyond specified dates 
    unless, as provided in RCRA Sections 3004 (d), (e), and (g), the owner/
    operator of a hazardous waste storage or disposal facility demonstrates 
    to the Administrator of the Environmental Protection Agency (EPA) that 
    there will be no migration of hazardous constituents from the land 
    disposal unit for as long as the waste remains hazardous.
        To receive a variance from the hazardous waste land disposal 
    prohibitions, owner/operators of hazardous waste storage or disposal 
    facilities may petition the Environmental Protection Agency to allow 
    land disposal of a specific restricted waste at a specific site. The 
    Permits and State Programs Division, Office of Solid Waste, will review 
    the petitions and determine if they successfully demonstrate ``no 
    migration.'' The applicant must demonstrate that hazardous wastes can 
    be managed safely in a particular land disposal unit, so that ``no 
    migration'' of any hazardous constituents occurs from the unit for as 
    long as the waste remains hazardous. (See 40 CFR 268.6.) If EPA grants 
    the variance, the waste is no longer prohibited from land disposal in 
    that particular unit. If the owner/operator fails to make this 
    demonstration, or chooses not to petition for the variance, best 
    demonstrated available technology (BDAT) requirements of 40 CFR 268.40 
    et seq. must be met before the hazardous wastes are placed in a land 
    disposal unit. Responses to the collection of information are 
    voluntary.
        The information collected is not of a personal nature nor is it 
    subject to the Privacy Act of 1974 or Office of Management and Budget 
    Circular A-108. EPA expects that owners and operators may wish to 
    maintain the confidentiality of certain information. Provisions for 
    confidentiality are found in Section 3007(b) of RCRA and in 40 CFR Part 
    2, which establishes EPA's general policy regarding public disclosure 
    of information. Provisions for confidentiality have also been included 
    in 40 CFR Part 260, the general rule of the RCRA hazardous waste 
    management system.
        An agency may not conduct or sponsor, and a person is not required 
    to respond to, a collection of information unless it displays a 
    currently valid OMB control number. The OMB control numbers for EPA's 
    regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
        The EPA would like to solicit comments to:
        (i) Evaluate whether the proposed collection of information is 
    necessary for the proper performance of the functions of the agency, 
    including whether the information will have practical utility;
    
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        (ii) Evaluate the accuracy of the agency's estimate of the burden 
    of the proposed collection of information, including the validity of 
    the methodology and assumptions used;
        (iii) Enhance the quality, utility, and clarity of the information 
    to be collected; and
        (iv) Minimize the burden of the collection of information on those 
    who are to respond, including through the use of appropriate automated 
    electronic, mechanical, or other technological collection techniques or 
    other forms of information technology, e.g., permitting electronic 
    submission of responses.
        Burden Statement: The respondent burden imposed by the no-migration 
    petition is estimated to be 9,506 hours at a cost of $471,490 for each 
    facility planning to request a variance. This cost and hour burden is 
    based on a proposed frequency of response of one per year, and an 
    estimated likely number of respondents of one per year. The cost burden 
    includes a total capital and start-up cost component annualized over 
    its expected useful life, and a total operation and maintenance 
    component, and a purchase of services component. Burden means the total 
    time, effort, or financial resources expended by persons to generate, 
    maintain, retain, or disclose or provide information to or for a 
    Federal agency. This includes the time needed to review instructions; 
    develop, acquire, install, and utilize technology and systems for the 
    purposes of collecting, validating, and verifying information, 
    processing and maintaining information, and disclosing and providing 
    information; adjust the existing ways to comply with any previously 
    applicable instructions and requirements; train personnel to be able to 
    respond to a collection of information; search data sources; complete 
    and review the collection of information; and transmit or otherwise 
    disclose the information.
    
        Dated: October 25, 1996.
    Elizabeth A. Cotsworth,
    Acting Director, Office of Solid Waste.
    [FR Doc. 96-28097 Filed 10-31-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
11/01/1996
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
96-28097
Dates:
Comments must be submitted on or before December 31, 1996.
Pages:
56539-56540 (2 pages)
Docket Numbers:
FRL-5644-9
PDF File:
96-28097.pdf